[House Report 114-785]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-785
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
WATER RESOURCES DEVELOPMENT ACT OF 2016
_______
September 22, 2016.--Committed to the Whole House on the Senate of the
Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5303]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5303) to provide for improvements
to the rivers and harbors of the United States, to provide for
the conservation and development of water and related
resources, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation....................................... 33
Background and Need for the Legislation.......................... 33
Hearings......................................................... 33
Legislative History and Consideration............................ 33
Committee Votes.................................................. 35
Committee Oversight Findings..................................... 36
New Budget Authority and Tax Expenditures........................ 36
Congressional Budget Office Cost Estimate........................ 36
Performance Goals and Objectives................................. 39
Advisory of Earmarks............................................. 40
Duplication of Federal Programs.................................. 40
Disclosure of Directed Rulemakings............................... 40
Federal Mandate Statement........................................ 40
Preemption Clarification......................................... 40
Advisory Committee Statement..................................... 40
Applicability of Legislative Branch.............................. 40
Section-by-Section Analysis of Legislation....................... 41
Changes in Existing Law Made by the Bill, as Reported............ 54
Committee Correspondence......................................... 121
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Sense of Congress regarding Water Resources Development Acts.
Sec. 102. Training and employment for veterans and members of Armed
Forces in curation and historic preservation.
Sec. 103. Youth service and conservation corps organizations.
Sec. 104. Navigation safety.
Sec. 105. Emerging harbors.
Sec. 106. Federal breakwaters and jetties.
Sec. 107. Donor ports and energy transfer ports.
Sec. 108. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 109. Remote and subsistence harbors.
Sec. 110. Beneficial use of dredged material.
Sec. 111. Reservoir sediment.
Sec. 112. Contributed funds for reservoir operations.
Sec. 113. Water supply conservation.
Sec. 114. Interstate compacts.
Sec. 115. Nonstructural alternatives.
Sec. 116. Operation and maintenance of environmental protection and
restoration and aquatic ecosystem restoration projects.
Sec. 117. Estuary restoration.
Sec. 118. Great Lakes fishery and ecosystem restoration.
Sec. 119. Agreements.
Sec. 120. Corps of Engineers operation of unmanned aircraft systems.
Sec. 121. Federal dredge fleet.
Sec. 122. Corps of Engineers assets.
Sec. 123. Funding to process permits.
Sec. 124. Credit in lieu of reimbursement.
Sec. 125. Clarification of contributions during emergency events.
Sec. 126. Study of water resources development projects by non-Federal
interests.
Sec. 127. Non-Federal construction of authorized flood damage reduction
projects.
Sec. 128. Multistate activities.
Sec. 129. Regional participation assurance for levee safety activities.
Sec. 130. Participation of non-Federal interests.
Sec. 131. Indian tribes.
Sec. 132. Dissemination of information on the annual report process.
Sec. 133. Scope of projects.
Sec. 134. Preliminary feasibility study activities.
Sec. 135. Post-authorization change reports.
Sec. 136. Maintenance dredging data.
Sec. 137. Electronic submission and tracking of permit applications.
Sec. 138. Data transparency.
Sec. 139. Backlog prevention.
Sec. 140. Quality control.
Sec. 141. Budget development and prioritization.
Sec. 142. Use of natural and nature-based features.
Sec. 143. Annual report on purchase of foreign manufactured articles.
Sec. 144. Integrated water resources planning.
Sec. 145. Evaluation of project partnership agreements.
Sec. 146. Additional measures at donor ports and energy transfer ports.
Sec. 147. Arctic deep draft port development partnerships.
Sec. 148. International outreach program.
Sec. 149. Comprehensive study.
Sec. 150. Alternative models for managing Inland Waterways Trust Fund.
Sec. 151. Alternative projects to maintenance dredging.
Sec. 152. Fish hatcheries.
Sec. 153. Environmental banks.
TITLE II--STUDIES
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completion of reports for certain projects.
TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Valdez, Alaska.
Sec. 303. Los Angeles County Drainage Area, Los Angeles County,
California.
Sec. 304. Sutter Basin, California.
Sec. 305. Essex River, Massachusetts.
Sec. 306. Port of Cascade Locks, Oregon.
Sec. 307. Central Delaware River, Philadelphia, Pennsylvania.
Sec. 308. Huntingdon County, Pennsylvania.
Sec. 309. Rivercenter, Philadelphia, Pennsylvania.
Sec. 310. Joe Pool Lake, Texas.
Sec. 311. Salt Creek, Graham, Texas.
Sec. 312. Texas City Ship Channel, Texas City, Texas.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of the Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT ACTS.
(a) Findings.--Congress finds the following:
(1) The Corps of Engineers constructs projects for the
purposes of navigation, flood control, beach erosion control
and shoreline protection, hydroelectric power, recreation,
water supply, environmental protection, restoration, and
enhancement, and fish and wildlife mitigation.
(2) The Corps of Engineers is the primary Federal provider of
outdoor recreation in the United States.
(3) The Corps of Engineers owns and operates more than 600
dams.
(4) The Corps of Engineers operates and maintains 12,000
miles of commercial inland navigation channels.
(5) The Corps of Engineers manages the dredging of more than
200,000,000 cubic yards of construction and maintenance dredge
material annually.
(6) The Corps of Engineers maintains 926 coastal, Great
Lakes, and inland harbors.
(7) The Corps of Engineers restores, creates, enhances, or
preserves tens of thousands of acres of wetlands annually under
the Corps' Regulatory Program.
(8) The Corps of Engineers provides a total water supply
storage capacity of 329,200,000 acre-feet in major Corps lakes.
(9) The Corps of Engineers owns and operates 24 percent of
United States hydropower capacity or 3 percent of the total
electric capacity of the United States.
(10) The Corps of Engineers supports Army and Air Force
installations.
(11) The Corps of Engineers provides technical and
construction support to more than 100 countries.
(12) The Corps of Engineers manages an Army military
construction program that carried out approximately
$44,600,000,000 in construction projects (the largest
construction effort since World War II) between 2006 and 2013.
(13) The Corps of Engineers researches and develops
technologies to protect the environment and enhance quality of
life in the United States.
(14) The legislation for authorizing Corps of Engineers
projects is the Water Resources Development Act and, between
1986 and 2000, Congress typically enacted an authorization bill
every 2 years.
(15) Since 2000, only 3 Water Resources Development Acts have
been enacted.
(16) In 2014, the Water Resources Reform and Development Act
of 2014 was enacted, which accelerated the infrastructure
project delivery process, fostered fiscal responsibility, and
strengthened water transportation networks to promote the
competitiveness, prosperity, and economic growth of the United
States.
(17) Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) requires typical
Corps of Engineers project feasibility studies to be completed
in 3 years.
(18) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the Corps of
Engineers to submit annually a Report to Congress on Future
Water Resources Development, which ensures projects and
activities proposed at the local, regional, and State levels
are considered for authorization.
(19) Passing Water Resources Development Acts on a routine
basis enables Congress to exercise oversight, ensures the Corps
of Engineers maintains an appropriately sized portfolio,
prevents project backlog, and keeps United States
infrastructure competitive.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the missions and authorities of the Corps of Engineers
are a unique function that benefits all Americans;
(2) water resources development projects are critical to
maintaining economic prosperity, national security, and
environmental protection;
(3) Congress has required timely delivery of project and
study authorization proposals from non-Federal project sponsors
and the Corps of Engineers; and
(4) Congress should consider a Water Resources Development
Act at least once every Congress.
SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED
FORCES IN CURATION AND HISTORIC PRESERVATION.
Using available funds, the Secretary, acting through the Chief of
Engineers, shall carry out a Veterans' Curation Program to train and
hire veterans and members of the Armed Forces to assist the Secretary
in carrying out curation and historic preservation activities.
SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.
Section 213 of the Water Resources Development Act of 2000 (33 U.S.C.
2339) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Youth Service and Conservation Corps Organizations.--The
Secretary shall, to the maximum extent practicable, enter into
cooperative agreements with qualified youth service and conservation
corps organizations for services relating to projects under the
jurisdiction of the Secretary and shall do so in a manner that ensures
the maximum participation and opportunities for such organizations.''.
SEC. 104. NAVIGATION SAFETY.
The Secretary shall use section 5 of the Act of March 4, 1915 (38
Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety
activities at those projects eligible for operation and maintenance
under section 204(f) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)).
SEC. 105. EMERGING HARBORS.
Section 210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238) is amended--
(1) in subsection (c)(3) by striking ``for each of fiscal
years 2015 through 2022'' and inserting ``for each fiscal
year''; and
(2) in subsection (d)(1)(A)--
(A) in the matter preceding clause (i) by striking
``For each of fiscal years 2015 through 2024'' and
inserting ``For each fiscal year'';
(B) in clause (i) by striking ``90'' and inserting
``Not more than 90''; and
(C) in clause (ii) by striking ``10'' and inserting
``At least 10''.
SEC. 106. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--The Secretary shall, at Federal expense, establish
an inventory and conduct an assessment of the general structural
condition of all Federal breakwaters and jetties protecting harbors and
inland harbors within the United States.
(b) Contents.--The inventory and assessment carried out under
subsection (a) shall include--
(1) compiling location information for all Federal
breakwaters and jetties protecting harbors and inland harbors
within the United States;
(2) determining the general structural condition of each
breakwater and jetty;
(3) analyzing the potential risks to navigational safety, and
the impact on the periodic maintenance dredging needs of
protected harbors and inland harbors, resulting from the
general structural condition of each breakwater and jetty; and
(4) estimating the costs, for each breakwater and jetty, to
restore or maintain the breakwater or jetty to authorized
levels and the total of all such costs.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the inventory and assessment carried out under
subsection (a).
SEC. 107. DONOR PORTS AND ENERGY TRANSFER PORTS.
Section 2106(a)(2)(B) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2238c(a)(2)(B)) is amended by striking
``$15,000,000'' and inserting ``$5,000,000''.
SEC. 108. USE OF HARBOR MAINTENANCE TRUST FUND TO SUPPORT NAVIGATION.
(a) Availability of Amounts.--Section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) is amended--
(1) in the section heading by striking ``Authorization of
appropriations'' and inserting ``Funding for harbor
navigation'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Use of Collected Funds in Fiscal Year 2027 and Thereafter.--
``(1) Use of funds.--In addition to the amounts appropriated
under subsections (a) and (b), there shall be available to the
Secretary, out of the Harbor Maintenance Trust Fund, without
further appropriation, for fiscal year 2027 and each fiscal
year thereafter, such sums as may be necessary to carry out the
purposes of subsection (a)(2).
``(2) Availability of amounts.--Amounts made available under
this subsection shall remain available until expended.''.
(b) Conforming Amendments.--Section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) is further amended--
(1) in subsection (d)(2)(A)(i) (as redesignated by subsection
(a)(2) of this section) by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) in subsection (e)(3)(B)(i) (as redesignated by subsection
(a)(2) of this section) by striking ``subsection (c)(2)(A)''
and inserting ``subsection (d)(2)(A)''; and
(3) in subsection (f)(2)(A)(ii) (as redesignated by
subsection (a)(2) of this section) by striking ``subsection
(d)(2)'' and inserting ``subsection (e)(2)''.
SEC. 109. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a)(3) by inserting ``in which the project
is located, or the long-term viability of a community that is
located in the region that is served by the project and that
will rely on the project,'' after ``community''; and
(2) in subsection (b)--
(A) in paragraph (1) by inserting ``and communities
that are located in the region to be served by the
project and that will rely on the project'' after
``community'';
(B) in paragraph (4) by striking ``local population''
and inserting ``regional population to be served by the
project''; and
(C) in paragraph (5) by striking ``community'' and
inserting ``local community and communities that are
located in the region to be served by the project and
that will rely on the project''.
SEC. 110. BENEFICIAL USE OF DREDGED MATERIAL.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a pilot program to carry out
projects for the beneficial use of dredged material, including projects
for the purposes of--
(1) reducing storm damage to property and infrastructure;
(2) promoting public safety;
(3) protecting, restoring, and creating aquatic ecosystem
habitats;
(4) stabilizing stream systems and enhancing shorelines;
(5) promoting recreation; and
(6) supporting risk management adaptation strategies.
(b) Project Selection.--In carrying out the pilot program, the
Secretary shall--
(1) identify for inclusion in the pilot program and carry out
10 projects for the beneficial use of dredged material;
(2) consult with relevant State agencies in selecting
projects; and
(3) select projects solely on the basis of--
(A) the environmental, economic, and social benefits
of the projects, including monetary and nonmonetary
benefits; and
(B) the need for a diversity of project types and
geographical project locations.
(c) Regional Beneficial Use Teams.--
(1) In general.--In carrying out the pilot program, the
Secretary shall establish regional beneficial use teams to
identify and assist in the implementation of projects under the
pilot program.
(2) Composition.--
(A) Leadership.--For each regional beneficial use
team established under paragraph (1), the Secretary
shall appoint the Commander of the relevant division of
the Corps of Engineers to serve as the head of the
team.
(B) Membership.--The membership of each regional
beneficial use team shall include--
(i) representatives of relevant Corps of
Engineers districts and divisions;
(ii) representatives of relevant State and
local agencies; and
(iii) representatives of Federal agencies and
such other entities as the Secretary determines
appropriate, consistent with the purposes of
this section.
(d) Considerations.--The Secretary shall carry out the pilot program
in a manner that--
(1) maximizes the beneficial placement of dredged material
from Federal and non-Federal navigation channels;
(2) incorporates, to the maximum extent practicable, 2 or
more Federal navigation, flood control, storm damage reduction,
or environmental restoration projects;
(3) coordinates the mobilization of dredges and related
equipment, including through the use of such efficiencies in
contracting and environmental permitting as can be implemented
under existing laws and regulations;
(4) fosters Federal, State, and local collaboration;
(5) implements best practices to maximize the beneficial use
of dredged sand and other sediments; and
(6) ensures that the use of dredged material is consistent
with all applicable environmental laws.
(e) Cost Sharing.--Projects carried out under this section shall be
subject to the cost-sharing requirements applicable to projects carried
out under section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326).
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a description of the projects selected to be carried out
under the pilot program;
(2) documentation supporting each of the projects selected;
(3) the findings of regional beneficial use teams regarding
project selection; and
(4) any recommendations of the Secretary or regional
beneficial use teams with respect to the pilot program.
(g) Termination.--The pilot program shall terminate after completion
of the 10 projects carried out pursuant to subsection (b)(1).
(h) Exemption From Other Standards.--The projects carried out under
this section shall be carried out notwithstanding the definition of the
term ``Federal standard'' in section 335.7 of title 33, Code of Federal
Regulations.
(i) Clarification.--Section 156(e) of the Water Resources Development
Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking ``3'' and
inserting ``6''.
SEC. 111. RESERVOIR SEDIMENT.
(a) In General.--Section 215 of the Water Resources Development Act
of 2000 (33 U.S.C. 2326c) is amended to read as follows:
``SEC. 215. RESERVOIR SEDIMENT.
``(a) In General.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016 and after
providing public notice, the Secretary shall establish, using available
funds, a pilot program to accept services provided by a non-Federal
interest or commercial entity for removal of sediment captured behind a
dam owned or operated by the United States and under the jurisdiction
of the Secretary for the purpose of restoring the authorized storage
capacity of the project concerned.
``(b) Requirements.--In carrying out this section, the Secretary
shall--
``(1) review the services of the non-Federal interest or
commercial entity to ensure that the services are consistent
with the authorized purposes of the project concerned;
``(2) ensure that the non-Federal interest or commercial
entity will indemnify the United States for, or has entered
into an agreement approved by the Secretary to address, any
adverse impact to the dam as a result of such services;
``(3) require the non-Federal interest or commercial entity,
prior to initiating the services and upon completion of the
services, to conduct sediment surveys to determine the pre- and
post-services sediment profile and sediment quality; and
``(4) limit the number of dams for which services are
accepted to 10.
``(c) Limitation.--
``(1) In general.--The Secretary may not accept services
under subsection (a) if the Secretary, after consultation with
the Chief of Engineers, determines that accepting the services
is not advantageous to the United States.
``(2) Report to congress.--If the Secretary makes a
determination under paragraph (1), the Secretary shall provide
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate written notice describing the
reasoning for the determination.
``(d) Disposition of Removed Sediment.--In exchange for providing
services under subsection (a), a non-Federal interest or commercial
entity is authorized to retain, use, recycle, sell, or otherwise
dispose of any sediment removed in connection with the services and the
Corps of Engineers may not seek any compensation for the value of the
sediment.
``(e) Congressional Notification.--Prior to accepting services
provided by a non-Federal interest or commercial entity under this
section, the Secretary shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate written notice of the
acceptance of the services.
``(f) Report to Congress.--Upon completion of services at the 10 dams
allowed under subsection (b)(4), the Secretary shall make publicly
available and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report documenting the
results of the services.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Water Resources Development Act of 2000 is amended by striking the item
relating to section 215 and inserting the following:
``Sec. 215. Reservoir sediment.''.
SEC. 112. CONTRIBUTED FUNDS FOR RESERVOIR OPERATIONS.
Section 5 of the Act of June 22, 1936 (49 Stat. 1572, chapter 688; 33
U.S.C. 701h), is amended by inserting after ``authorized purposes of
the project:'' the following: ``Provided further, That the Secretary is
authorized to receive and expend funds from a State or a political
subdivision thereof, and other non-Federal interests, to formulate,
review, or revise operational documents for any reservoir for which the
Secretary is authorized to prescribe regulations for the use of storage
allocated for flood risk management or navigation pursuant to section 7
of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C.
709):''.
SEC. 113. WATER SUPPLY CONSERVATION.
(a) In General.--In a State in which a drought emergency has been
declared or was in effect during the 1-year period ending on the date
of enactment of this Act, the Secretary is authorized--
(1) to conduct an evaluation for purposes of approving water
supply conservation measures that are consistent with the
authorized purposes of water resources development projects
under the jurisdiction of the Secretary; and
(2) to enter into written agreements pursuant to section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) with non-
Federal interests to carry out the conservation measures
approved by such evaluations.
(b) Eligibility.--Water supply conservation measures evaluated under
subsection (a) may include the following:
(1) Storm water capture.
(2) Releases for ground water replenishment or aquifer
storage and recovery.
(3) Releases to augment water supply at another Federal or
non-Federal storage facility.
(4) Other conservation measures that enhance usage of a Corps
of Engineers project for water supply.
(c) Costs.--A non-Federal interest shall pay only the separable costs
associated with the evaluation, implementation, operation, and
maintenance of an approved water supply conservation measure, which
payments may be accepted and expended by the Corps of Engineers to
cover such costs.
(d) Statutory Construction.--Nothing in this section may be construed
to modify or alter the obligations of a non-Federal interest under
existing or future agreements for--
(1) water supply storage pursuant to section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b); or
(2) surplus water use pursuant to section 6 of the Act of
December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
(e) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes of
a Corps of Engineers project;
(2) affects existing Corps of Engineers authorities,
including its authorities with respect to navigation, flood
damage reduction, and environmental protection and restoration;
(3) affects the Corps of Engineers ability to provide for
temporary deviations;
(4) affects the application of a cost-share requirement under
section 101, 102, or 103 of the Water Resources Development Act
of 1986 (33 U.S.C. 2211, 2212, and 2213);
(5) supersedes or modifies any written agreement between the
Federal Government and a non-Federal interest that is in effect
on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan, including those water control
plans along the Missouri River and those water control plans in
the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-
Tallapoosa basins;
(7) affects any water right in existence on the date of
enactment of this Act; or
(8) preempts or affects any State water law or interstate
compact governing water.
SEC. 114. INTERSTATE COMPACTS.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended by striking subsection (f).
SEC. 115. NONSTRUCTURAL ALTERNATIVES.
Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 650, chapter
377; 33 U.S.C. 701n(a)(1)), is amended by striking ``if requested''
each place it appears and inserting ``after consultation with the non-
Federal sponsor and if requested and agreed to''.
SEC. 116. OPERATION AND MAINTENANCE OF ENVIRONMENTAL PROTECTION AND
RESTORATION AND AQUATIC ECOSYSTEM RESTORATION
PROJECTS.
(a) Non-Federal Obligations.--Notwithstanding section 103(j) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(j)), a non-
Federal interest is released from any obligation to operate and
maintain the nonstructural and nonmechanical components of a water
resources development project carried out for the purposes of
environmental protection and restoration or aquatic ecosystem
restoration, including a project carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330) or section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a),
if the Secretary determines that--
(1) the 50-year period that began on the date on which
project construction was completed has concluded; or
(2) the criteria identified in the guidance issued under
subsection (c) have been met with respect to the project.
(b) Federal Obligations.--The Secretary is not responsible for the
operation or maintenance of any components of a project with respect to
which a non-Federal interest is released from obligations under
subsection (a).
(c) Guidance.--In consultation with non-Federal interests, and not
later than 1 year after the date of enactment of this Act, the
Secretary shall issue guidance that identifies criteria for
determining, using the best available science, when the purpose of a
project for environmental protection and restoration or aquatic
ecosystem restoration has been achieved, including criteria for
determining when a project has resulted in the return of the project
location to a condition where natural hydrologic and ecological
functions are the predominant factors in the condition, functionality,
and durability of the location.
SEC. 117. ESTUARY RESTORATION.
(a) Participation of Non-Federal Interests.--Section 104(f) of the
Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by
adding at the end the following:
``(3) Project agreements.--For a project carried out under
this title, the requirements of section 103(j)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be
fulfilled by a nongovernmental organization serving as the non-
Federal interest for the project pursuant to paragraph (2).''.
(b) Extension.--Section 109(a) of the Estuary Restoration Act of 2000
(33 U.S.C. 2908(a)) is amended by striking ``2012'' each place it
appears and inserting ``2021''.
SEC. 118. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(g) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22(g)) is repealed.
SEC. 119. AGREEMENTS.
Section 2036(c) of the Water Resources Development Act of 2007 (33
U.S.C. 2317b) is repealed.
SEC. 120. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--The Secretary shall designate an individual, within
the headquarters office of the Corps of Engineers, who shall serve as
the coordinator and principal approving official for developing the
process and procedures by which the Corps of Engineers--
(1) operates and maintains small unmanned aircraft (as
defined in section 331 of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note)) systems in support of civil
works and emergency response missions of the Corps of
Engineers; and
(2) acquires, applies for, and receives any necessary Federal
Aviation Administration authorizations for such operations and
systems.
(b) Requirements.--A small unmanned aircraft system acquired,
operated, or maintained for carrying out the missions specified in
subsection (a) shall be operated in accordance with regulations of the
Federal Aviation Administration as a civil aircraft or public aircraft,
at the discretion of the Secretary, and shall be exempt from
regulations of the Department of Defense, including the Department of
the Army, governing such system.
(c) Limitation.--A small unmanned aircraft system acquired, operated,
or maintained by the Corps of Engineers is excluded from use by the
Department of Defense, including the Department of the Army, for any
mission of the Department of Defense other than a mission specified in
subsection (a).
SEC. 121. FEDERAL DREDGE FLEET.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the costs and benefits of expanding, reducing, or
maintaining the current configuration with respect to the size and
makeup of the federally owned hopper dredge fleet.
(b) Factors.--In carrying out the study, the Comptroller General
shall evaluate--
(1) the current and anticipated configuration and capacity of
the Federal and private hopper dredge fleet;
(2) the current and anticipated trends for the volume and
type of dredge work required over the next 10 years, and the
alignment of the size of the existing Federal and private
hopper dredge fleet with future dredging needs;
(3) available historic data on the costs, efficiency, and
time required to initiate and complete dredging work carried
out by Federal and private hopper dredge fleets, respectively;
(4) whether the requirements of section 3 of the Act of
August 11, 1888 (25 Stat. 423, chapter 860; 33 U.S.C. 622),
have any demonstrable impacts on the factors identified in
paragraphs (1) through (3), and whether such requirements are
most economical and advantageous to the United States; and
(5) other factors that the Comptroller General determines are
necessary to evaluate whether it is economical and advantageous
to the United States to expand, reduce, or maintain the current
configuration of the federally owned hopper dredge fleet.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study.
SEC. 122. CORPS OF ENGINEERS ASSETS.
Section 6002 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1349) is amended--
(1) in subsection (a) by striking ``the date of enactment of
this Act'' and inserting ``the date of enactment of the Water
Resources Development Act of 2016''; and
(2) in subsection (b) by adding at the end the following:
``(6) The extent to which the property has economic,
cultural, historic, or recreational significance, or impacts at
the national, State, or local level.''.
SEC. 123. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Railroad carrier.--The term `railroad carrier'
has the meaning given the term in section 20102 of
title 49, United States Code.'';
(2) in paragraph (2)--
(A) by striking ``or natural gas company'' and
inserting ``, natural gas company, or railroad
carrier''; and
(B) by striking ``or company'' and inserting ``,
company, or carrier'';
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively; and
(5) in paragraph (4) (as so redesignated) by striking ``and
natural gas companies'' and inserting ``, natural gas
companies, and railroad carriers''.
SEC. 124. CREDIT IN LIEU OF REIMBURSEMENT.
Section 1022 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a) by striking ``that has been constructed
by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13) before
the date of enactment of this Act'' and inserting ``for which a
written agreement with the Corps of Engineers for construction
was finalized on or before December 31, 2014, under section 211
of the Water Resources Development Act of 1996 (33 U.S.C. 701b-
13)''; and
(2) in subsection (b) by striking ``share of the cost of the
non-Federal interest of carrying out other flood damage
reduction projects or studies'' and inserting ``non-Federal
share of the cost of carrying out other water resources
development projects or studies of the non-Federal interest''.
SEC. 125. CLARIFICATION OF CONTRIBUTIONS DURING EMERGENCY EVENTS.
Section 1024(a) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2325a(a)) is amended by inserting after ``emergency''
the following: ``, or that has had or may have an equipment failure
(including a failure caused by a lack of or deferred maintenance),''.
SEC. 126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C.
2231) is amended by adding at the end the following:
``(e) Technical Assistance.--At the request of a non-Federal
interest, the Secretary may provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility study if
the non-Federal interest contracts with the Secretary to pay all costs
of providing such technical assistance.''.
SEC. 127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION
PROJECTS.
Section 204(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(d)) is amended by adding at the end the following:
``(5) Discrete segments.--
``(A) In general.--The Secretary may authorize credit
or reimbursement under this subsection for a discrete
segment of a flood damage reduction project, or
separable element thereof, before final completion of
the project or separable element if--
``(i) except as provided in clause (ii), the
Secretary determines that the discrete segment
satisfies the requirements of paragraphs (1)
through (4) in the same manner as the project
or separable element; and
``(ii) notwithstanding paragraph (1)(A)(ii),
the Secretary determines, before the approval
of the plans under paragraph (1)(A)(i), that
the discrete segment is technically feasible
and environmentally acceptable.
``(B) Determination.--Credit or reimbursement may not
be made available to a non-Federal interest pursuant to
this paragraph until the Secretary determines that--
``(i) the construction of the discrete
segment for which credit or reimbursement is
requested is complete; and
``(ii) the construction is consistent with
the authorization of the applicable flood
damage reduction project, or separable element
thereof, and the plans approved under paragraph
(1)(A)(i).
``(C) Written agreement.--
``(i) In general.--As part of the written
agreement required under paragraph (1)(A)(iii),
a non-Federal interest to be eligible for
credit or reimbursement under this paragraph
shall--
``(I) identify any discrete segment
that the non-Federal interest may carry
out; and
``(II) agree to the completion of the
flood damage reduction project, or
separable element thereof, with respect
to which the discrete segment is a part
and establish a timeframe for such
completion.
``(ii) Remittance.--If a non-Federal interest
fails to complete a flood damage reduction
project, or separable element thereof, that it
agreed to complete under clause (i)(II), the
non-Federal interest shall remit any
reimbursements received under this paragraph
for a discrete segment of such project or
separable element.
``(D) Discrete segment defined.--In this paragraph,
the term `discrete segment' means a physical portion of
a flood damage reduction project, or separable element
thereof--
``(i) described by a non-Federal interest in
a written agreement required under paragraph
(1)(A)(iii); and
``(ii) that the non-Federal interest can
operate and maintain, independently and without
creating a hazard, in advance of final
completion of the flood damage reduction
project, or separable element thereof.''.
SEC. 128. MULTISTATE ACTIVITIES.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended--
(1) in subsection (a)(1)--
(A) by striking ``or other non-Federal interest'' and
inserting ``, group of States, or non-Federal
interest'';
(B) by inserting ``or group of States'' after
``working with a State''; and
(C) by inserting ``or group of States'' after
``boundaries of such State''; and
(2) in subsection (c)(1) by adding at the end the following:
``The Secretary may allow 2 or more States to combine all or a
portion of the funds that the Secretary makes available to the
States in carrying out subsection (a)(1).''.
SEC. 129. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY ACTIVITIES.
(a) National Levee Safety Program.--Section 9002 of the Water
Resources Development Act of 2007 (33 U.S.C. 3301) is amended--
(1) in paragraph (11) by striking ``State or Indian tribe''
and inserting ``State, regional district, or Indian tribe'';
(2) by redesignating paragraphs (12) through (16) as
paragraphs (13) through (17), respectively; and
(3) by inserting after paragraph (11) the following:
``(12) Regional district.--The term `regional district' means
a subdivision of a State government, or a subdivision of
multiple State governments, that is authorized to acquire,
construct, operate, and maintain projects for the purpose of
flood damage reduction.''.
(b) Inventory and Inspection of Levees.--Section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``one year after the
date of enactment of this Act'' and inserting ``1 year
after the date of enactment of the Water Resources
Development Act of 2016'';
(B) in paragraph (2)(A) by striking ``States, Indian
tribes, Federal agencies, and other entities'' and
inserting ``States, regional districts, Indian tribes,
Federal agencies, and other entities''; and
(C) in paragraph (3)--
(i) in the heading for subparagraph (A) by
striking ``federal, state, and local'' and
inserting ``federal, state, regional, tribal,
and local''; and
(ii) in subparagraph (A) by striking
``Federal, State, and local'' and inserting
``Federal, State, regional, tribal, and
local''; and
(2) in subsection (c)--
(A) in paragraph (4)--
(i) in the paragraph heading by striking
``State and tribal'' and inserting ``State,
regional, and tribal''; and
(ii) by striking ``State or Indian tribe''
each place it appears and inserting ``State,
regional district, or Indian tribe''; and
(B) in paragraph (5)--
(i) by striking ``State or Indian tribe'' and
inserting ``State, regional district, or Indian
tribe''; and
(ii) by striking ``chief executive of the
tribal government'' and inserting ``chief
executive of the regional district or tribal
government''.
(c) Levee Safety Initiative.--Section 9005 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303a) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``1 year after the
date of enactment of this subsection''
and inserting ``1 year after the date
of enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State, local, and
tribal governments and organizations''
and inserting ``State, regional, local,
and tribal governments and
organizations''; and
(ii) in subparagraph (A) by striking
``Federal, State, tribal, and local agencies''
and inserting ``Federal, State, regional,
local, and tribal agencies'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``State,
local, and tribal governments'' and inserting
``State, regional, local, and tribal
governments''; and
(ii) in subparagraph (B) by inserting ``,
regional, or tribal'' after ``State'' each
place it appears; and
(C) in paragraph (5)(A) by striking ``States, non-
Federal interests, and other appropriate stakeholders''
and inserting ``States, regional districts, Indian
tribes, non-Federal interests, and other appropriate
stakeholders'';
(2) in subsection (e)(1) in the matter preceding subparagraph
(A) by striking ``States, communities, and levee owners'' and
inserting ``States, regional districts, Indian tribes,
communities, and levee owners'';
(3) in subsection (g)--
(A) in the subsection heading by striking ``State and
Tribal'' and inserting ``State, Regional, and Tribal'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``1 year after the
date of enactment of this subsection''
and inserting ``1 year after the date
of enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State or tribal''
and inserting ``State, regional, or
tribal''; and
(ii) in subparagraph (B)--
(I) by striking ``State and Indian
tribe'' and inserting ``State, regional
district, and Indian tribe''; and
(II) by striking ``State or Indian
tribe'' and inserting ``State, regional
district, or Indian tribe''; and
(C) in paragraph (2)--
(i) in the paragraph heading by striking
``states'' and inserting ``states, regional
districts, and indian tribes'';
(ii) in subparagraph (A) by striking ``States
and Indian tribes'' and inserting ``States,
regional districts, and Indian tribes'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``State or Indian
tribe'' and inserting ``State, regional
district, or Indian tribe'';
(II) in clause (ii) by striking
``levees within the State'' and
inserting ``levees within the State or
regional district''; and
(III) in clause (iii) by striking
``State or Indian tribe'' and inserting
``State, regional district, or Indian
tribe'';
(iv) in subparagraph (C)(ii) in the matter
preceding subclause (I) by striking ``State or
tribal'' and inserting ``State, regional, or
tribal''; and
(v) in subparagraph (E)--
(I) by striking ``States and Indian
tribes'' each place it appears and
inserting ``States, regional districts,
and Indian tribes'';
(II) in clause (ii)(II)--
(aa) in the matter preceding
item (aa) by striking ``State
or Indian tribe'' and inserting
``State, regional district, or
Indian tribe'';
(bb) in item (aa) by striking
``miles of levees in the
State'' and inserting ``miles
of levees in the State or
regional district''; and
(cc) in item (bb) by striking
``miles of levees in all
States'' and inserting ``miles
of levees in all States and
regional districts''; and
(III) in clause (iii)--
(aa) by striking ``State or
Indian tribe'' and inserting
``State, regional district, or
Indian tribe''; and
(bb) by striking ``State or
tribal'' and inserting ``State,
regional, or tribal''; and
(4) in subsection (h)--
(A) in paragraph (1) by striking ``States, Indian
tribes, and local governments'' and inserting ``States,
regional districts, Indian tribes, and local
governments'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)
by striking ``State, Indian tribe, or local
government'' and inserting ``State, regional
district, Indian tribe, or local government'';
and
(ii) in subparagraph (E) in the matter
preceding clause (i) by striking ``State or
tribal'' and inserting ``State, regional, or
tribal'';
(C) in paragraph (3)--
(i) in subparagraph (A) by striking ``State,
Indian tribe, or local government'' and
inserting ``State, regional district, Indian
tribe, or local government''; and
(ii) in subparagraph (D) by striking ``180
days after the date of enactment of this
subsection'' and inserting ``180 days after the
date of enactment of the Water Resources
Development Act of 2016''; and
(D) in paragraph (4)(A)(i) by striking ``State or
tribal'' and inserting ``State, regional, or tribal''.
(d) Reports.--Section 9006 of the Water Resources Development Act of
2007 (33 U.S.C. 3303b) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``1 year after the date of enactment of this
subsection'' and inserting ``1 year after the date of
enactment of the Water Resources Development Act of
2016''; and
(B) in subparagraph (B) by striking ``State and
tribal'' and inserting ``State, regional, and tribal'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``2 years after the date of
enactment of this subsection'' and inserting
``2 years after the date of enactment of the
Water Resources Development Act of 2016''; and
(ii) by striking ``State, tribal, and local''
and inserting ``State, regional, tribal, and
local'';
(B) in paragraph (2) by striking ``State and tribal''
and inserting ``State, regional, and tribal''; and
(C) in paragraph (4) by striking ``State and local''
and inserting ``State, regional, tribal, and local'';
and
(3) in subsection (d)--
(A) in the matter preceding paragraph (1) by striking
``1 year after the date of enactment of this
subsection'' and inserting ``1 year after the date of
enactment of the Water Resources Development Act of
2016''; and
(B) in paragraph (2) by striking ``State or tribal''
and inserting ``State, regional, or tribal''.
SEC. 130. PARTICIPATION OF NON-FEDERAL INTERESTS.
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by inserting ``and, as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village,
Regional Corporation, and Village Corporation'' after ``Indian tribe''.
SEC. 131. INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) in the section heading by inserting ``and indian tribes''
after ``territories''; and
(2) in subsection (a)--
(A) by striking ``projects in American'' and
inserting ``projects--
``(1) in American'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) for a federally recognized Indian tribe.''.
SEC. 132. DISSEMINATION OF INFORMATION ON THE ANNUAL REPORT PROCESS.
(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying,
prioritizing, and authorizing vital water resources
infrastructure activities throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent process
to review and prioritize the water resources development
activities of the Corps of Engineers with strong congressional
oversight.
(3) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the
Secretary to develop and submit to Congress each year a Report
to Congress on Future Water Resources Development and, as part
of the annual report process, to--
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposed
feasibility studies and proposed modifications to
authorized water resources development projects and
feasibility studies for inclusion in the report; and
(B) review the proposals submitted and include in the
report those proposed feasibility studies and proposed
modifications that meet the criteria for inclusion
established under section 7001.
(4) Congress will use the information provided in the annual
Report to Congress on Future Water Resources Development to
determine authorization needs and priorities for purposes of
water resources development legislation.
(5) To ensure that Congress can gain a thorough understanding
of the water resources development needs and priorities of the
United States, it is important that the Secretary take
sufficient steps to ensure that non-Federal interests are made
aware of the new annual report process, including the need for
non-Federal interests to submit proposals during the
Secretary's annual request for proposals in order for such
proposals to be eligible for consideration by Congress.
(b) Dissemination of Process Information.--The Secretary shall
develop, support, and implement education and awareness efforts for
non-Federal interests with respect to the annual Report to Congress on
Future Water Resources Development required under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
including efforts to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) provide written notice to previous and potential non-
Federal interests and local elected officials on the annual
process and on opportunities to address local water resources
challenges through the missions and authorities of the Corps of
Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources
development projects that satisfy the requirements of section
7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.
SEC. 133. SCOPE OF PROJECTS.
Section 7001(f) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2282d(f)) is amended by adding at the end the
following:
``(5) Water resources development project.--The term `water
resources development project' includes a project under an
environmental infrastructure assistance program.''.
SEC. 134. PRELIMINARY FEASIBILITY STUDY ACTIVITIES.
At the request of a non-Federal interest with respect to a proposed
water resources development project, the Secretary shall meet with the
non-Federal interest, prior to initiating a feasibility study relating
to the proposed project, to review a preliminary analysis of the
Federal interest in the proposed project and the costs, benefits, and
environmental impacts of the proposed project, including an estimate of
the costs of preparing a feasibility report.
SEC. 135. POST-AUTHORIZATION CHANGE REPORTS.
(a) In General.--The completion of a post-authorization change report
prepared by the Corps of Engineers for a water resources development
project--
(1) may not be delayed as a result of consideration being
given to changes in policy or priority with respect to project
consideration; and
(2) shall be submitted, upon completion, to--
(A) the Committee on Environment and Public Works of
the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Completion Review.--With respect to a post-authorization change
report subject to review by the Secretary, the Secretary shall, not
later than 120 days after the date of completion of such report--
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary
regarding modification of the applicable water resources
development project.
(c) Prior Reports.--Not later than 120 days after the date of
enactment of this Act, with respect to any post-authorization change
report that was completed prior to the date of enactment of this Act
and is subject to a review by the Secretary that has yet to be
completed, the Secretary shall complete review of, and provide
recommendations to Congress with respect to, the report.
(d) Post-Authorization Change Report Inclusions.--In this section,
the term ``post-authorization change report'' includes--
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an
authorized water resources development project.
SEC. 136. MAINTENANCE DREDGING DATA.
(a) In General.--The Secretary shall establish, maintain, and make
publicly available a database on maintenance dredging carried out by
the Secretary, which shall include information on maintenance dredging
carried out by Federal and non-Federal vessels.
(b) Scope.--The Secretary shall include in the database maintained
under subsection (a), for each maintenance dredging project and
contract, data on--
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the
bid amounts, including bids that did not win the final contract
award.
SEC. 137. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
(a) In General.--Section 2040 of the Water Resources Development Act
of 2007 (33 U.S.C. 2345) is amended to read as follows:
``SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
``(a) Development of Electronic System.--
``(1) In general.--The Secretary shall research, develop, and
implement an electronic system to allow the electronic
preparation and submission of applications for permits and
requests for jurisdictional determinations under the
jurisdiction of the Secretary.
``(2) Inclusion.--The electronic system required under
paragraph (1) shall address--
``(A) applications for standard individual permits;
``(B) applications for letters of permission;
``(C) joint applications with States for State and
Federal permits;
``(D) applications for emergency permits;
``(E) applications or requests for jurisdictional
determinations; and
``(F) preconstruction notification submissions, when
required for a nationwide or other general permit.
``(3) Improving existing data systems.--The Secretary shall
seek to incorporate the electronic system required under
paragraph (1) into existing systems and databases of the Corps
of Engineers to the maximum extent practicable.
``(4) Protection of information.--The electronic system
required under paragraph (1) shall provide for the protection
of personal, private, privileged, confidential, and proprietary
information, and information the disclosure of which is
otherwise prohibited by law.
``(b) System Requirements.--The electronic system required under
subsection (a) shall--
``(1) enable an applicant or requester to prepare
electronically an application for a permit or request;
``(2) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, the
completed application form or request;
``(3) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, data
and other information in support of the permit application or
request;
``(4) provide an online interactive guide to provide
assistance to an applicant or requester at any time while
filling out the permit application or request; and
``(5) enable an applicant or requester (or a designated
agent) to track the status of a permit application or request
in a manner that will--
``(A) allow the applicant or requester to determine
whether the application is pending or final and the
disposition of the request;
``(B) allow the applicant or requester to research
previously submitted permit applications and requests
within a given geographic area and the results of such
applications or requests; and
``(C) allow identification and display of the
location of the activities subject to a permit or
request through a map-based interface.
``(c) Documentation.--All permit decisions and jurisdictional
determinations made by the Secretary shall be in writing and include
documentation supporting the basis for the decision or determination.
The Secretary shall prescribe means for documenting all decisions or
determinations to be made by the Secretary.
``(d) Record of Determinations.--
``(1) In general.--The Secretary shall maintain, for a
minimum of 5 years, a record of all permit decisions and
jurisdictional determinations made by the Secretary, including
documentation supporting the basis of the decisions and
determinations.
``(2) Archiving of information.--The Secretary shall explore
and implement an appropriate mechanism for archiving records of
permit decisions and jurisdictional determinations, including
documentation supporting the basis of the decisions and
determinations, after the 5-year maintenance period described
in paragraph (1).
``(e) Availability of Determinations.--
``(1) In general.--The Secretary shall make the records of
all permit decisions and jurisdictional determinations made by
the Secretary available to the public for review and
reproduction.
``(2) Protection of information.--The Secretary shall provide
for the protection of personal, private, privileged,
confidential, and proprietary information, and information the
disclosure of which is prohibited by law, which may be excluded
from disclosure.
``(f) Deadline for Electronic System Implementation.--
``(1) In general.--The Secretary shall develop and implement,
to the maximum extent practicable, the electronic system
required under subsection (a) not later than 2 years after the
date of enactment of the Water Resources Development Act of
2016.
``(2) Report on electronic system implementation.--Not later
than 180 days after the expiration of the deadline under
paragraph (1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the measures
implemented and barriers faced in carrying out this section.
``(g) Applicability.--The requirements described in subsections (c),
(d), and (e) shall apply to permit applications and requests for
jurisdictional determinations submitted to the Secretary after the date
of enactment of the Water Resources Development Act of 2016.
``(h) Limitation.--This section shall not preclude the submission to
the Secretary, acting through the Chief of Engineers, of a physical
copy of a permit application or a request for a jurisdictional
determination.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Water Resources Development Act of 2007 is amended by striking the item
relating to section 2040 and inserting the following:
``Sec. 2040. Electronic submission and tracking of permit
applications.''.
SEC. 138. DATA TRANSPARENCY.
Section 2017 of the Water Resources Development Act of 2007 (33
U.S.C. 2342) is amended to read as follows:
``SEC. 2017. ACCESS TO WATER RESOURCE DATA.
``(a) In General.--Using available funds, the Secretary shall make
publicly available, including on the Internet, all data in the custody
of the Corps of Engineers on--
``(1) the planning, design, construction, operation, and
maintenance of water resources development projects; and
``(2) water quality and water management of projects owned,
operated, or managed by the Corps of Engineers.
``(b) Limitation.--Nothing in this section may be construed to compel
or authorize the disclosure of data or other information determined by
the Secretary to be confidential information, privileged information,
law enforcement information, national security information,
infrastructure security information, personal information, or
information the disclosure of which is otherwise prohibited by law.
``(c) Timing.--The Secretary shall ensure that data is made publicly
available under subsection (a) as quickly as practicable after the data
is generated by the Corps of Engineers.
``(d) Partnerships.--In carrying out this section, the Secretary may
develop partnerships, including through cooperative agreements, with
State, tribal, and local governments and other Federal agencies.''.
SEC. 139. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for
construction by this Act shall not be authorized after the last
day of the 7-year period beginning on the date of enactment of
this Act unless funds have been obligated for construction of
such project during that period.
(2) Identification of projects.--Not later than 60 days after
the expiration of the 7-year period referred to in paragraph
(1), the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the expiration
of the 12-year period beginning on the date of enactment of this Act,
the Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog
and any recommendations to Congress regarding how to mitigate
current problems and the backlog.
SEC. 140. QUALITY CONTROL.
(a) In General.--Paragraph (a) of the first section of the Act of
December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701-1(a)), is
amended by inserting ``and shall be made publicly available'' before
the period at the end.
(b) Project Administration.--Section 2041(b)(1) of the Water
Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by
inserting ``final post-authorization change report,'' after ``final
reevaluation report,''.
SEC. 141. BUDGET DEVELOPMENT AND PRIORITIZATION.
(a) In General.--In conjunction with the President's budget
submission to Congress with respect to fiscal year 2018 under section
1105(a) of title 31, United States Code, and biennially thereafter in
conjunction with the President's budget submission, the Secretary shall
submit to the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Appropriations
of the House of Representatives a report that describes--
(1) the metrics used in developing the civil works budget for
the applicable fiscal year;
(2) the metrics used in developing each business line in the
civil works budget; and
(3) how projects are prioritized in the applicable budget
submission, including how the Secretary determines those
projects for which construction initiation is recommended.
(b) Notification.--
(1) Requirement.--If the Secretary proposes a covered revised
budget estimate, the Secretary shall notify, in writing, each
Member of Congress representing a congressional district
affected by the study, project, or activity subject to the
revised estimate.
(2) Covered revised budget estimate defined.--In this
subsection, the term ``covered revised budget estimate'' means
a budget estimate for a water resources development study,
project, or activity that differs from the estimate most
recently specified for that study, project, or activity in a
budget of the President submitted under section 1105(a) of
title 31, United States Code.
SEC. 142. USE OF NATURAL AND NATURE-BASED FEATURES.
(a) Report.--Not later than February 1, 2017, and biennially
thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the use of natural and nature-based features in water resources
development projects, including flood risk reduction, coastal
resiliency, and ecosystem restoration projects.
(b) Contents.--The report shall include, at a minimum, the following:
(1) An assessment of the observed and potential impacts of
the use of natural and nature-based features on the cost and
effectiveness of water resources development projects and any
co-benefits resulting from the use of such features.
(2) A description of any statutory, fiscal, or regulatory
barrier to the appropriate consideration and use of natural and
nature-based features in carrying out water resources
development projects.
SEC. 143. ANNUAL REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.
Section 213(a) of the Water Resources Development Act of 1992 (Public
Law 102-580; 106 Stat. 4831) is amended by adding at the end the
following:
``(4) Annual report on purchase of foreign manufactured
articles.--
``(A) In general.--Not later than 90 days after the
last day of each fiscal year, the Secretary shall
submit to Congress a report on the amount of
acquisitions in such fiscal year made by the Corps of
Engineers for civil works projects from entities that
manufactured the articles, materials, or supplies
outside of the United States.
``(B) Contents.--The report required under
subparagraph (A) shall indicate, for each acquisition--
``(i) the dollar value of any articles,
materials, or supplies purchased that were
manufactured outside of the United States; and
``(ii) a summary of the total procurement
funds spent on goods manufactured in the United
States and the total procurement funds spent on
goods manufactured outside of the United
States.
``(C) Public availability.--Not later than 30 days
after the submission of a report under subparagraph
(A), the Secretary shall make such report publicly
available on the agency's Web site.''.
SEC. 144. INTEGRATED WATER RESOURCES PLANNING.
In carrying out a feasibility study for a water resources development
project, the Secretary shall coordinate with communities in the
watershed covered by such study to determine if a local or regional
water management plan exists or is under development for the purposes
of stormwater management, water quality improvement, aquifer recharge,
or water reuse. If such a local or regional water management plan
exists for the watershed, the Secretary shall, in cooperation with the
non-Federal sponsor for the plan and affected local public entities,
avoid adversely affecting the purposes of the plan and, where feasible,
incorporate the purposes of the plan into the Secretary's feasibility
study.
SEC. 145. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS.
To the maximum extent practicable, the Secretary shall prioritize and
complete the activities required of the Secretary under section 1013 of
the Water Resources Reform and Development Act of 2014 (Public Law 113-
121; 128 Stat. 1218).
SEC. 146. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.
Section 2106 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2238c) is amended--
(1) in subsection (a)(4)(A) by striking ``Code of Federal
Regulation'' and inserting ``Code of Federal Regulations''; and
(2) in subsection (f)--
(A) in paragraph (1) by striking ``2018'' and
inserting ``2020''; and
(B) in paragraph (3)--
(i) by striking ``2015 through 2018'' and
inserting ``2016 through 2020''; and
(ii) by striking ``2019 through 2022'' and
inserting ``2021 through 2025''.
SEC. 147. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.
Section 2105 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2243) is amended--
(1) by striking ``(25 U.S.C. 450b))'' each place it appears
and inserting ``(25 U.S.C. 450b)) and Native villages, Regional
Corporations, and Village Corporations (as those terms are
defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602))'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Consideration of National Security Interests.--In carrying out
a study of the feasibility of an Arctic deep draft port, the Secretary
shall consult with the Secretary of Homeland Security and the Secretary
of Defense to identify national security benefits associated with the
Arctic deep draft port.''.
SEC. 148. INTERNATIONAL OUTREACH PROGRAM.
Section 401(a) of the Water Resources Development Act of 1992 (33
U.S.C. 2329(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--The Secretary may engage in activities to
inform the United States of technological innovations abroad
that could significantly improve water resources development in
the United States.
``(2) Inclusions.--Activities under paragraph (1) may
include--
``(A) development, monitoring, assessment, and
dissemination of information about foreign water
resources projects that could significantly improve
water resources development in the United States;
``(B) research, development, training, and other
forms of technology transfer and exchange; and
``(C) offering technical services that cannot be
readily obtained in the private sector to be
incorporated into water resources projects if the costs
for assistance will be recovered under the terms of
each project.''.
SEC. 149. COMPREHENSIVE STUDY.
(a) In General.--The Secretary shall conduct a comprehensive study on
the flood risks for vulnerable coastal populations in areas within the
boundaries of the South Atlantic Division of the Corps of Engineers.
(b) Inclusions.--In carrying out the study, the Secretary shall
identify--
(1) activities that warrant additional analysis by the Corps
of Engineers; and
(2) institutional and other barriers to providing protection
to the vulnerable coastal populations.
(c) Coordination.--The Secretary shall conduct the study in
coordination with appropriate Federal agencies and State, local, and
tribal entities to ensure consistency with related plans.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $6,000,000 to carry out this section.
SEC. 150. ALTERNATIVE MODELS FOR MANAGING INLAND WATERWAYS TRUST FUND.
(a) Study.--The Comptroller General of the United States shall
conduct a study to analyze alternative models for managing the Inland
Waterways Trust Fund, including the management of--
(1) project schedules for projects receiving assistance from
the fund; and
(2) expenditures from the fund.
(b) Contents.--In conducting the study, the Comptroller General shall
examine, at a minimum, the costs and benefits of transferring
management of the fund to a not-for-profit corporation or government-
owned corporation.
(c) Considerations.--In assessing costs and benefits under subsection
(b), the Comptroller General shall consider, among other factors--
(1) the benefits to the taxpayer;
(2) the impact on project delivery; and
(3) the impact on jobs.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study.
SEC. 151. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING.
The Secretary may enter into agreements to assume the operation and
maintenance costs of an alternative project to maintenance dredging for
a channel if the alternative project would lower the overall costs of
maintaining the channel.
SEC. 152. FISH HATCHERIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may operate a fish hatchery for the purpose of restoring a
population of fish species located in the region surrounding the fish
hatchery that is listed as a threatened species or an endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or a similar State law.
(b) Costs.--A non-Federal entity, a Federal agency other than the
Department of Defense, or a group of non-Federal entities or such
Federal agencies shall be responsible for 100 percent of the costs
associated with managing a fish hatchery for the purpose described in
subsection (a) that are not authorized as of the date of enactment of
this Act for the fish hatchery.
SEC. 153. ENVIRONMENTAL BANKS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Chairperson of the Gulf Coast Ecosystem
Restoration Council, with the concurrence of two-thirds of the Council,
shall issue such regulations as are necessary for the establishment of
procedures and processes for the use, maintenance, and oversight of
environmental banks for purposes of mitigating adverse environmental
impacts sustained by construction or other activities as required by
law or regulation.
(b) Requirements.--The regulations issued pursuant to subsection (a)
shall--
(1) set forth procedures for certification of environmental
banks, including criteria for adoption of an environmental
banking instrument;
(2) provide a mechanism for the transfer of environmental
credits;
(3) provide for priority certification to environmental banks
that enhance the resilience of coastal resources to inundation
and coastal erosion, including the restoration of resources
within the scope of a project authorized for construction;
(4) ensure certification is given only to banks with secured
adequate financial assurance and appropriate legally
enforceable protection for restored lands or resources;
(5) stipulate conditions under which cross-crediting of
environmental services may occur and provide standards for the
conversion of such crediting;
(6) establish performance criteria for environmental banks;
(7) establish criteria for the operation and monitoring of
environmental banks; and
(8) establish a framework whereby the purchase of credit from
an environmental bank may be used to offset or satisfy past,
current, or future adverse environmental impacts or liability
under law to wetlands, water, wildlife, or other natural
resources.
(c) Consideration.--In developing the regulations required under
subsection (a), the Chairperson shall take into consideration habitat
equivalency analysis.
(d) Modifications.--The Chairperson may modify or update the
regulations issued pursuant to this section, subject to appropriate
consultation and public participation, provided that two-thirds of the
Gulf Coast Ecosystem Restoration Council approves the modification or
update.
(e) Definition of Environmental Bank.--In this section, the term
``environmental bank'' means a project, project increment, or projects
for purposes of restoring, creating, enhancing, or preserving natural
resources in a designated site to provide for credits to offset adverse
environmental impacts.
(f) Savings Clause.--Nothing in this section--
(1) affects the requirements of section 906 of the Water
Resources Development Act of 1986 (33 U.S.C. 2283); or
(2) affects the obligations or requirements of any Federal
environmental law.
TITLE II--STUDIES
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress
on January 29, 2015, and January 29, 2016, respectively, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Ouachita-black rivers, arkansas and louisiana.--Project
for navigation, Ouachita-Black Rivers, Arkansas and Louisiana.
(2) Cache creek settling basin, california.--Project for
flood damage reduction and ecosystem restoration, Cache Creek
Settling Basin, California.
(3) Coyote valley dam, california.--Project for flood damage
reduction, environmental restoration, and water supply, Coyote
Valley Dam, California.
(4) Del rosa channel, city of san bernardino, california.--
Project for flood damage reduction and ecosystem restoration,
Del Rosa Channel, city of San Bernardino, California.
(5) Merced county streams, california.--Project for flood
damage reduction, Merced County Streams, California.
(6) Mission-zanja channel, cities of san bernardino and
redlands, california.--Project for flood damage reduction and
ecosystem restoration, Mission-Zanja Channel, cities of San
Bernardino and Redlands, California.
(7) Soboba indian reservation, california.--Project for flood
damage reduction, Soboba Indian Reservation, California.
(8) Indian river inlet, delaware.--Project for hurricane and
storm damage reduction, Indian River Inlet, Delaware.
(9) Lewes beach, delaware.--Project for hurricane and storm
damage reduction, Lewes Beach, Delaware.
(10) Mispillion complex, kent and sussex counties,
delaware.--Project for hurricane and storm damage reduction,
Mispillion Complex, Kent and Sussex Counties, Delaware.
(11) Daytona beach, florida.--Project for flood damage
reduction, Daytona Beach, Florida.
(12) Brunswick harbor, georgia.--Project for navigation,
Brunswick Harbor, Georgia.
(13) Dubuque, iowa.--Project for flood damage reduction,
Dubuque, Iowa.
(14) St. tammany parish, louisiana.--Project for flood damage
reduction and ecosystem restoration, St. Tammany Parish,
Louisiana.
(15) Cattaraugus creek, new york.--Project for flood damage
reduction, Cattaraugus Creek, New York.
(16) Cayuga inlet, ithaca, new york.--Project for navigation
and flood damage reduction, Cayuga Inlet, Ithaca, New York.
(17) Delaware river basin, new york, new jersey,
pennsylvania, and delaware.--Projects for flood control,
Delaware River Basin, New York, New Jersey, Pennsylvania, and
Delaware, authorized by section 408 of the Act of July 24, 1946
(60 Stat. 644, chapter 596), and section 203 of the Flood
Control Act of 1962 (76 Stat. 1182), to review operations of
the projects to enhance opportunities for ecosystem restoration
and water supply.
(18) Silver creek, hanover, new york.--Project for flood
damage reduction and ecosystem restoration, Silver Creek,
Hanover, New York.
(19) Tulsa and west tulsa levees, tulsa, oklahoma.--Project
for flood damage reduction, Tulsa and West Tulsa Levees, Tulsa,
Oklahoma.
(20) Stonycreek and little conemaugh rivers, pennsylvania.--
Project for flood damage reduction and recreation, Stonycreek
and Little Conemaugh Rivers, Pennsylvania.
(21) Tioga-hammond lake, pennsylvania.--Project for ecosystem
restoration, Tioga-Hammond Lake, Pennsylvania.
(22) Brazos river, fort bend county, texas.--Project for
flood damage reduction in the vicinity of the Brazos River,
Fort Bend County, Texas.
(23) Chacon creek, city of laredo, texas.--Project for flood
damage reduction, ecosystem restoration, and recreation, Chacon
Creek, city of Laredo, Texas.
(24) Corpus christi ship channel, texas.--Project for
navigation, Corpus Christi Ship Channel, Texas.
(25) City of el paso, texas.--Project for flood damage
reduction, city of El Paso, Texas.
(26) Gulf intracoastal waterway, brazoria and matagorda
counties, texas.--Project for navigation and hurricane and
storm damage reduction, Gulf Intracoastal Waterway, Brazoria
and Matagorda Counties, Texas.
(27) Port of bay city, texas.--Project for navigation, Port
of Bay City, Texas.
(28) Chincoteague island, virginia.--Project for hurricane
and storm damage reduction, navigation, and ecosystem
restoration, Chincoteague Island, Virginia.
(29) Burley creek watershed, kitsap county, washington.--
Project for flood damage reduction and ecosystem restoration,
Burley Creek Watershed, Kitsap County, Washington.
SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
(a) Feasibility Reports.--The Secretary shall expedite the completion
of a feasibility study for each of the following projects, and if the
Secretary determines that the project is justified in a completed
report, may proceed directly to preconstruction planning, engineering,
and design of the project:
(1) Project for flood risk management, Little Colorado River
at Winslow, Navajo County, Arizona.
(2) Project for flood risk management, Lower San Joaquin
River, California. In carrying out the feasibility study for
the project, the Secretary shall include Reclamation District
17 as part of the study.
(3) Project for flood risk management and ecosystem
restoration, Sacramento River Flood Control System, California.
(4) Project for hurricane and storm damage risk reduction,
Ft. Pierce, Florida.
(5) Project for flood risk management, Des Moines and Raccoon
Rivers, Iowa.
(6) Project for navigation, Mississippi River Ship Channel,
Louisiana.
(7) Project for flood risk management, North Branch Ecorse
Creek, Wayne County, Michigan.
(8) Project for flood risk management, Rahway River Basin
(Upper Basin), New Jersey.
(9) Project for navigation, Upper Ohio River, Pennsylvania.
(b) Post-Authorization Change Reports.--The Secretary shall expedite
completion of a post-authorization change report for each of the
following projects:
(1) Project for flood risk management, Swope Park Industrial
Area, Kansas City, Missouri.
(2) Project for hurricane and storm damage risk reduction,
New Hanover County, North Carolina.
TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $5,000,000,000 in water resources development
projects authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer relevant
or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or
separable element of a project, authorized for
construction before November 8, 2007, for which--
(i) planning, design, or construction was not
initiated before the date of enactment of this
Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design,
or construction of the project or separable
element of the project during the current
fiscal year or any of the 6 preceding fiscal
years; and
(B) each project or separable element identified and
included on a list to Congress for deauthorization
pursuant to section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments
from the public and the Governors of each applicable
State on the interim deauthorization list developed
under paragraph (1).
(B) Comment period.--The public comment period shall
be 90 days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the revised interim deauthorization list
in the Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects,
or separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall prepare
a proposed final deauthorization list of projects and
separable elements of projects that have, in the
aggregate, an estimated Federal cost to complete that
is at least $5,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify
projects and separable elements of projects for
inclusion on the proposed final deauthorization
list according to the order in which the
projects and separable elements of the projects
were authorized, beginning with the earliest
authorized projects and separable elements of
projects and ending with the latest project or
separable element of a project necessary to
meet the aggregate amount under paragraph (2).
(ii) Factors to consider.--The Secretary may
identify projects and separable elements of
projects in an order other than that
established by clause (i) if the Secretary
determines, on a case-by-case basis, that a
project or separable element of a project is
critical for interests of the United States,
based on the possible impact of the project or
separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In
making determinations under clause (ii), the
Secretary shall consider any comments received
under subsection (b)(3).
(B) Appendix.--The Secretary shall include as part of
the proposed final deauthorization list an appendix
that--
(i) identifies each project or separable
element of a project on the interim
deauthorization list developed under subsection
(b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project or
separable element is not included on the
proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments
from the public and the Governor of each applicable
State on the proposed final deauthorization list and
appendix developed under paragraphs (2) and (3).
(B) Comment period.--The public comment period shall
be 90 days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an
appendix to the final deauthorization list in a report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final
deauthorization list and appendix under subsection (c), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-
day period referred to in paragraph (1), the non-
Federal interest for the project or separable element
of the project provides sufficient funds to complete
the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in
subsection (c)(2).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-Authorization
Study.--A project or separable element of a project may not be
identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding
for a post-authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following definitions
apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in
section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d)); or
(iii) a review conducted under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a),
including an initial appraisal that--
(I) demonstrates a Federal interest;
and
(II) requires additional analysis for
the project or separable element.
(B) Water resources development project.--The term
``water resources development project'' includes an
environmental infrastructure assistance project or
program of the Corps of Engineers.
(2) Treatment of project modifications.--For purposes of this
section, if an authorized water resources development project
or separable element of the project has been modified by an Act
of Congress, the date of the authorization of the project or
separable element shall be deemed to be the date of the most
recent such modification.
SEC. 302. VALDEZ, ALASKA.
(a) In General.--Subject to subsection (b), the portion of the
project for navigation, Valdez, Alaska, identified as Tract G, Harbor
Subdivision, shall not be subject to navigational servitude beginning
on the date of enactment of this Act.
(b) Entry by Federal Government.--The Federal Government may enter
upon the property referred to in subsection (a) to carry out any
required operation and maintenance of the general navigation features
of the project referred to in subsection (a).
SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES COUNTY,
CALIFORNIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the Water Control Manuals for
control structures in the Los Angeles County Drainage Area, Los
Angeles County, California, authorized by section 101(b) of the
Water Resources Development Act of 1990 (Public Law 101-640;
104 Stat. 4611); and
(2) integrate and incorporate into the project seasonal
operations for water conservation and water supply.
(b) Participation.--The update referred to in subsection (a) shall be
done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
SEC. 304. SUTTER BASIN, CALIFORNIA.
(a) In General.--The separable element constituting the locally
preferred plan increment reflected in the report of the Chief of
Engineers dated March 12, 2014, and authorized for construction in item
8 of the table contained in section 7002(2) of the Water Resources
Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1366)
is no longer authorized beginning on the date of enactment of this Act.
(b) Savings Provisions.--The deauthorization under subsection (a)
does not affect--
(1) the national economic development plan separable element
reflected in the report of the Chief of Engineers dated March
12, 2014, and authorized for construction in item 8 of the
table contained in section 7002(2) of the Water Resources
Reform and Development Act of 2014 (Public Law 113-121; 128
Stat. 1366); or
(2) previous authorizations providing for the Sacramento
River and major and minor tributaries project, including--
(A) section 2 of the Act of March 1, 1917 (39 Stat.
949, chapter 144);
(B) section 12 of the Act of December 22, 1944 (58
Stat. 900, chapter 665);
(C) section 204 of the Flood Control Act of 1950 (64
Stat. 177, chapter 188); and
(D) any other Acts relating to the authorization for
the Sacramento River and major and minor tributaries
project along the Feather River right bank between
levee stationing 1483+33 and levee stationing 2368+00.
SEC. 305. ESSEX RIVER, MASSACHUSETTS.
(a) Deauthorization.--The portions of the project for navigation,
Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27
Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30
Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073,
chapter 2509), that do not lie within the areas described in subsection
(b) are no longer authorized beginning on the date of enactment of this
Act.
(b) Description of Project Areas.--The areas described in this
subsection are as follows: Beginning at a point N3056139.82 E851780.21,
thence southwesterly about 156.88 feet to a point N3055997.75
E851713.67; thence southwesterly about 64.59 feet to a point
N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a
point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to
a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet
to a point N3055976.70 E850927.78; thence northwesterly about 58.77
feet to a point N3056002.99 E850875.21; thence northwesterly about
240.57 feet to a point N3056232.82 E850804.14; thence northwesterly
about 203.60 feet to a point N3056435.41 E850783.93; thence
northwesterly about 78.63 feet to a point N3056499.63 E850738.56;
thence northwesterly about 60.00 feet to a point N3056526.30
E850684.81; thence southwesterly about 85.56 feet to a point
N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a
point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to
a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet
to a point N3056334.36 E850394.03; thence northwesterly about 48.52
feet to a point N3056354.38 E850349.83; thence northeasterly about
83.71 feet to a point N3056436.35 E850366.84; thence northeasterly
about 212.38 feet to a point N3056548.70 E850547.07; thence
northeasterly about 47.60 feet to a point N3056563.12 E850592.43;
thence northeasterly about 101.16 feet to a point N3056566.62
E850693.53; thence southeasterly about 80.22 feet to a point
N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a
point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to
a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet
to a point N3056031.13 E850908.38; thence southeasterly about 38.23
feet to a point N3056014.02 E850942.57; thence southeasterly about
410.93 feet to a point N3055896.06 E851336.21; thence northeasterly
about 188.43 feet to a point N3055925.46 E851522.33; thence
northeasterly about 135.47 feet to a point N3055992.91 E851639.80;
thence northeasterly about 52.15 feet to a point N3056023.90
E851681.75; thence northeasterly about 91.57 feet to a point
N3056106.82 E851720.59.
SEC. 306. PORT OF CASCADE LOCKS, OREGON.
(a) Extinguishment of Portions of Existing Flowage Easement.--With
respect to the properties described in subsection (b), beginning on the
date of enactment of this Act, the flowage easements described in
subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the
ordinary high water line.
(b) Affected Properties.--The properties described in this
subsection, as recorded in Hood River County, Oregon, are as follows:
(1) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks
Business Park'' subdivision, Instrument Number 2014-00436.
(2) Parcels 1, 2, and 3 of Hood River County Partition, Plat
Number 2008-25P.
(c) Flowage Easements.--The flowage easements described in this
subsection are identified as Tracts 302E-1 and 304E-1 on the easement
deeds recorded as instruments in Hood River County, Oregon, and
described as follows:
(1) A flowage easement dated October 3, 1936, recorded
December 1, 1936, book 25, page 531 (Records of Hood River
County, Oregon), in favor of the United States (302E-1-
Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36;
previously acquired as Tracts OH-36 and OH-41 and a portion of
Tract OH-47).
(2) A flowage easement dated October 5, 1936, recorded
October 17, 1936, book 25, page 476 (Records of Hood River
County, Oregon), in favor of the United States, affecting that
portion below the 94-foot contour line above main sea level
(304 E1-Perpetual Flowage Easement from 8/10/37 and 10/3/36;
previously acquired as Tract OH-042 and a portion of Tract OH-
47).
(d) Federal Liabilities; Cultural, Environmental, and Other
Regulatory Reviews.--
(1) Federal liability.--The United States shall not be liable
for any injury caused by the extinguishment of an easement
under this section.
(2) Cultural and environmental regulatory actions.--Nothing
in this section establishes any cultural or environmental
regulation relating to the properties described in subsection
(b).
(e) Effect on Other Rights.--Nothing in this section affects any
remaining right or interest of the Corps of Engineers in the properties
described in subsection (b).
SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA.
(a) Area To Be Declared Nonnavigable.--Subject to subsection (c),
unless the Secretary finds, after consultation with local and regional
public officials (including local and regional public planning
organizations), that there are substantive objections, those portions
of the Delaware River, bounded by the former bulkhead and pierhead
lines that were established by the Secretary of War and successors and
described as follows, are declared to be nonnavigable waters of the
United States:
(1) Piers 70 South through 38 South, encompassing an area
bounded by the southern line of Moore Street extended to the
northern line of Catherine Street extended, including the
following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 53,
48, 46, 40, and 38.
(2) Piers 24 North through 72 North, encompassing an area
bounded by the southern line of Callowhill Street extended to
the northern line of East Fletcher Street extended, including
the following piers: Piers 24, 25, 27-35, 35.5, 36, 37, 38, 39,
49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
(b) Public Interest Determination.--The Secretary shall make the
public interest determination under subsection (a) separately for each
proposed project to be undertaken within the boundaries described in
subsection (a), using reasonable discretion, not later than 150 days
after the date of submission of appropriate plans for the proposed
project.
(c) Limits on Applicability; Regulatory Requirements.--The
declaration under subsection (a) shall apply only to those parts of the
areas described in subsection (a) that are or will be bulkheaded and
filled or otherwise occupied by permanent structures, including marina
and recreation facilities. All such work is subject to all applicable
Federal statutes and regulations, including sections 9 and 10 of the
Act of March 3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401 and
403), section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344), and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
SEC. 308. HUNTINGDON COUNTY, PENNSYLVANIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the Master Plan for the
Juniata River and tributaries project, Huntingdon County,
Pennsylvania, authorized by section 203 of the Flood Control
Act of 1962 (Public Law 87-874; 76 Stat. 1182); and
(2) ensure that alternatives for additional recreation access
and development at the project are fully assessed, evaluated,
and incorporated as a part of the update.
(b) Participation.--The update referred to in subsection (a) shall be
done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
SEC. 309. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA.
Section 38(c) of the Water Resources Development Act of 1988 (33
U.S.C. 59j-1(c)) is amended--
(1) by striking ``(except 30 years from such date of
enactment, in the case of the area or any part thereof
described in subsection (a)(5))''; and
(2) by adding at the end the following: ``Notwithstanding the
preceding sentence, the declaration of nonnavigability for the
area described in subsection (a)(5), or any part thereof, shall
not expire.''.
SEC. 310. JOE POOL LAKE, TEXAS.
The Secretary shall accept from the Trinity River Authority of Texas,
if received by September 30, 2016, $31,233,401 as payment in full of
amounts owed to the United States, including any accrued interest, for
the approximately 61,747.1 acre-feet of water supply storage space in
Joe Pool Lake, Texas (previously known as Lakeview Lake), for which
payment has not commenced under Article 5.a. (relating to project
investment costs) of contract number DACW63-76-C-0106, as of the date
of enactment of this Act.
SEC. 311. SALT CREEK, GRAHAM, TEXAS.
(a) In General.--The project for flood control, environmental
restoration, and recreation, Salt Creek, Graham, Texas, authorized by
section 101(a)(30) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 278), is no longer authorized as a
Federal project beginning on the date of enactment of this Act.
(b) Certain Project-Related Claims.--The non-Federal interest for the
project shall hold and save the United States harmless from any claim
that has arisen, or that may arise, in connection with the project.
(c) Transfer.--The Secretary is authorized to transfer any land
acquired by the Federal Government for the project on behalf of the
non-Federal interest that remains in Federal ownership on or after the
date of enactment of this Act to the non-Federal interest.
(d) Reversion.--If the Secretary determines that land transferred
under subsection (c) ceases to be owned by the public, all right,
title, and interest in and to the land and improvements thereon shall
revert, at the discretion of the Secretary, to the United States.
SEC. 312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.
(a) In General.--The portion of the Texas City Ship Channel, Texas
City, Texas, described in subsection (b) shall not be subject to
navigational servitude beginning on the date of enactment of this Act.
(b) Description.--The portion of the Texas City Ship Channel
described in this subsection is a tract or parcel containing 393.53
acres (17,142,111 square feet) of land situated in the City of Texas
City Survey, Abstract Number 681, and State of Texas Submerged Lands
Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract
being more particularly described as follows:
(1) Beginning at the intersection of an edge of fill along
Galveston Bay with the most northerly east survey line of said
City of Texas City Survey, Abstract No. 681, the same being a
called 375.75 acre tract patented by the State of Texas to the
City of Texas City and recorded in Volume 1941, Page 750 of the
Galveston County Deed Records (G.C.D.R.), from which a found
U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in
the top of the Texas City Dike along the east side of Bay
Street bears North 56 14' 32? West, a distance of 6,045.31
feet and from which a found U.S. Army Corps of Engineers Brass
Cap stamped ``R 4-2'' set in the top of the Texas City Dike
along the east side of Bay Street bears North 49 13' 20? West,
a distance of 6,693.64 feet.
(2) Thence, over and across said State Tracts 98A and 99A and
along the edge of fill along said Galveston Bay, the following
eight (8) courses and distances:
(A) South 75 49' 13? East, a distance of 298.08 feet
to an angle point of the tract herein described.
(B) South 81 16' 26? East, a distance of 170.58 feet
to an angle point of the tract herein described.
(C) South 79 20' 31? East, a distance of 802.34 feet
to an angle point of the tract herein described.
(D) South 75 57' 32? East, a distance of 869.68 feet
to a point for the beginning of a non-tangent curve to
the right.
(E) Easterly along said non-tangent curve to the
right having a radius of 736.80 feet, a central angle
of 24 55' 59?, a chord of South 68 47' 35? East -
318.10 feet, and an arc length of 320.63 feet to a
point for the beginning of a non-tangent curve to the
left.
(F) Easterly along said non-tangent curve to the left
having a radius of 373.30 feet, a central angle of 31
57' 42?, a chord of South 66 10' 42? East - 205.55
feet, and an arc length of 208.24 feet to a point for
the beginning of a non-tangent curve to the right.
(G) Easterly along said non-tangent curve to the
right having a radius of 15,450.89 feet, a central
angle of 02 04' 10?, a chord of South 81 56' 20? East
- 558.04 feet, and an arc length of 558.07 feet to a
point for the beginning of a compound curve to the
right and the northeasterly corner of the tract herein
described.
(H) Southerly along said compound curve to the right
and the easterly line of the tract herein described,
having a radius of 1,425.00 feet, a central angle of
133 08' 00?, a chord of South 14 20' 15? East -
2,614.94 feet, and an arc length of 3,311.15 feet to a
point on a line lying 125.00 feet northerly of and
parallel with the centerline of an existing levee for
the southeasterly corner of the tract herein described.
(3) Thence, continuing over and across said State Tracts 98A
and 99A and along lines lying 125.00 feet northerly of,
parallel, and concentric with the centerline of said existing
levee, the following twelve (12) courses and distances:
(A) North 78 01' 58? West, a distance of 840.90 feet
to an angle point of the tract herein described.
(B) North 76 58' 35? West, a distance of 976.66 feet
to an angle point of the tract herein described.
(C) North 76 44' 33? West, a distance of 1,757.03
feet to a point for the beginning of a tangent curve to
the left.
(D) Southwesterly, along said tangent curve to the
left having a radius of 185.00 feet, a central angle of
82 27' 32?, a chord of South 62 01' 41? West - 243.86
feet, and an arc length of 266.25 feet to a point for
the beginning of a compound curve to the left.
(E) Southerly, along said compound curve to the left
having a radius of 4,535.58 feet, a central angle of
11 06' 58?, a chord of South 15 14' 26? West - 878.59
feet, and an arc length of 879.97 feet to an angle
point of the tract herein described.
(F) South 64 37' 11? West, a distance of 146.03 feet
to an angle point of the tract herein described.
(G) South 67 08' 21? West, a distance of 194.42 feet
to an angle point of the tract herein described.
(H) North 34 48' 22? West, a distance of 789.69 feet
to an angle point of the tract herein described.
(I) South 42 47' 10? West, a distance of 161.01 feet
to an angle point of the tract herein described.
(J) South 42 47' 10? West, a distance of 144.66 feet
to a point for the beginning of a tangent curve to the
right.
(K) Westerly, along said tangent curve to the right
having a radius of 310.00 feet, a central angle of 59
50' 28?, a chord of South 72 42' 24? West - 309.26
feet, and an arc length of 323.77 feet to an angle
point of the tract herein described.
(L) North 77 22' 21? West, a distance of 591.41 feet
to the intersection of said parallel line with the edge
of fill adjacent to the easterly edge of the Texas City
Turning Basin for the southwesterly corner of the tract
herein described, from which a found U.S. Army Corps of
Engineers Brass Cap stamped ``SWAN 2'' set in the top
of a concrete column set flush in the ground along the
north bank of Swan Lake bears South 20 51' 58? West, a
distance of 4,862.67 feet.
(4) Thence, over and across said City of Texas City Survey
and along the edge of fill adjacent to the easterly edge of
said Texas City Turning Basin, the following eighteen (18)
courses and distances:
(A) North 01 34' 19? East, a distance of 57.40 feet
to an angle point of the tract herein described.
(B) North 05 02' 13? West, a distance of 161.85 feet
to an angle point of the tract herein described.
(C) North 06 01' 56? East, a distance of 297.75 feet
to an angle point of the tract herein described.
(D) North 06 18' 07? West, a distance of 71.33 feet
to an angle point of the tract herein described.
(E) North 07 21' 09? West, a distance of 122.45 feet
to an angle point of the tract herein described.
(F) North 26 41' 15? West, a distance of 46.02 feet
to an angle point of the tract herein described.
(G) North 01 31' 59? West, a distance of 219.78 feet
to an angle point of the tract herein described.
(H) North 15 54' 07? West, a distance of 104.89 feet
to an angle point of the tract herein described.
(I) North 04 00' 34? East, a distance of 72.94 feet
to an angle point of the tract herein described.
(J) North 06 46' 38? West, a distance of 78.89 feet
to an angle point of the tract herein described.
(K) North 12 07' 59? West, a distance of 182.79 feet
to an angle point of the tract herein described.
(L) North 20 50' 47? West, a distance of 105.74 feet
to an angle point of the tract herein described.
(M) North 02 02' 04? West, a distance of 184.50 feet
to an angle point of the tract herein described.
(N) North 08 07' 11? East, a distance of 102.23 feet
to an angle point of the tract herein described.
(O) North 08 16' 00? West, a distance of 213.45 feet
to an angle point of the tract herein described.
(P) North 03 15' 16? West, a distance of 336.45 feet
to a point for the beginning of a non-tangent curve to
the left.
(Q) Northerly along said non-tangent curve to the
left having a radius of 896.08 feet, a central angle of
14 00' 05?, a chord of North 09 36' 03? West - 218.43
feet, and an arc length of 218.97 feet to a point for
the beginning of a non-tangent curve to the right.
(R) Northerly along said non-tangent curve to the
right having a radius of 483.33 feet, a central angle
of 19 13' 34?, a chord of North 13 52' 03? East -
161.43 feet, and an arc length of 162.18 feet to a
point for the northwesterly corner of the tract herein
described.
(5) Thence, continuing over and across said City of Texas
City Survey, and along the edge of fill along said Galveston
Bay, the following fifteen (15) courses and distances:
(A) North 30 45' 02? East, a distance of 189.03 feet
to an angle point of the tract herein described.
(B) North 34 20' 49? East, a distance of 174.16 feet
to a point for the beginning of a non-tangent curve to
the right.
(C) Northeasterly along said non-tangent curve to the
right having a radius of 202.01 feet, a central angle
of 25 53' 37?, a chord of North 33 14' 58? East -
90.52 feet, and an arc length of 91.29 feet to a point
for the beginning of a non-tangent curve to the left.
(D) Northeasterly along said non-tangent curve to the
left having a radius of 463.30 feet, a central angle of
23 23' 57?, a chord of North 48 02' 53? East - 187.90
feet, and an arc length of 189.21 feet to a point for
the beginning of a non-tangent curve to the right.
(E) Northeasterly along said non-tangent curve to the
right having a radius of 768.99 feet, a central angle
of 16 24' 19?, a chord of North 43 01' 40? East -
219.43 feet, and an arc length of 220.18 feet to an
angle point of the tract herein described.
(F) North 38 56' 50? East, a distance of 126.41 feet
to an angle point of the tract herein described.
(G) North 42 59' 50? East, a distance of 128.28 feet
to a point for the beginning of a non-tangent curve to
the right.
(H) Northerly along said non-tangent curve to the
right having a radius of 151.96 feet, a central angle
of 68 36' 31?, a chord of North 57 59' 42? East -
171.29 feet, and an arc length of 181.96 feet to a
point for the most northerly corner of the tract herein
described.
(I) South 77 14' 49? East, a distance of 131.60 feet
to an angle point of the tract herein described.
(J) South 84 44' 18? East, a distance of 86.58 feet
to an angle point of the tract herein described.
(K) South 58 14' 45? East, a distance of 69.62 feet
to an angle point of the tract herein described.
(L) South 49 44' 51? East, a distance of 149.00 feet
to an angle point of the tract herein described.
(M) South 44 47' 21? East, a distance of 353.77 feet
to a point for the beginning of a non-tangent curve to
the left.
(N) Easterly along said non-tangent curve to the left
having a radius of 253.99 feet, a central angle of 98
53' 23?, a chord of South 83 28' 51? East - 385.96
feet, and an arc length of 438.38 feet to an angle
point of the tract herein described.
(O) South 75 49' 13? East, a distance of 321.52 feet
to the point of beginning and containing 393.53 acres
(17,142,111 square feet) of land.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on January 29, 2015, and January 29, 2016, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Brazos Island Nov. 3, 2014 Federal: $116,116,000
Harbor Non-Federal: $88,471,000
Total: $204,587,000
------------------------------------------------------------------------
2. LA Calcasieu Lock Dec. 2, 2014 Total: $16,700,000 (to be
derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
3. NH, Portsmouth Harbor Feb. 8, 2015 Federal: $15,580,000
ME and Piscataqua Non-Federal: $5,190,000
River Total: $20,770,000
------------------------------------------------------------------------
4. FL Port Everglades Jun. 25, 2015 Federal: $220,200,000
Non-Federal: $102,500,000
Total: $322,700,000
------------------------------------------------------------------------
5. AK Little Diomede Aug. 10, 2015 Federal: $26,015,000
Harbor Non-Federal: $2,945,000
Total: $28,960,000
------------------------------------------------------------------------
6. SC Charleston Harbor Sep. 8, 2015 Federal: $224,300,000
Non-Federal: $269,000,000
Total: $493,300,000
------------------------------------------------------------------------
7. AK Craig Harbor March 16, Federal: $29,062,000
2016 Non-Federal: $3,255,000
Total: $32,317,000.
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Leon Creek Jun. 30, 2014 Federal: $18,314,000
Watershed Non-Federal: $9,861,000
Total: $28,175,000
------------------------------------------------------------------------
2. MO, Armourdale and Jan. 27, 2015 Federal: $207,036,000
KS Central Non-Federal: $111,481,000
Industrial Total: $318,517,000
District Levee
Units, Missouri
River and
Tributaries at
Kansas Citys
------------------------------------------------------------------------
3. KS City of Manhattan Apr. 30, 2015 Federal: $15,440,100
Non-Federal: $8,313,900
Total: $23,754,000
------------------------------------------------------------------------
4. TN Mill Creek Oct. 16, 2015 Federal: $17,759,000
Non-Federal: $10,745,000
Total: $28,504,000
------------------------------------------------------------------------
5. KS Upper Turkey Creek Dec. 22, Federal: $24,584,000
Basin 2015 Non-Federal: $13,238,000
Total: $37,822,000
------------------------------------------------------------------------
6. NC Princeville Feb. 23, 2016 Federal: $14,001,000
Non-Federal: $7,539,000
Total: $21,540,000
------------------------------------------------------------------------
7. CA American River Apr. 26, 2016 Federal: $876,478,000
Common Features Non-Federal: $689,272,000
Total: $1,565,750,000
------------------------------------------------------------------------
8. CA West Sacramento Apr. 26, 2016 Federal: $776,517,000
Non-Federal: $414,011,000
Total: $1,190,528,000.
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. SC Colleton County Sep. 5, 2014 Initial Federal:
$13,733,850
Initial Non-Federal:
$7,395,150
Initial Total: $21,129,000
Renourishment Federal:
$16,371,000
Renourishment Non-Federal:
$16,371,000
Renourishment Total:
$32,742,000
------------------------------------------------------------------------
2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,218,300
Initial Non-Federal:
$4,963,700
Initial Total: $14,182,000
Renourishment Federal:
$15,390,000
Renourishment Non-Federal:
$15,390,000
Renourishment Total:
$30,780,000
------------------------------------------------------------------------
3. NC Carteret County Dec. 23, 2014 Initial Federal:
$24,263,000
Initial Non-Federal:
$13,064,000
Initial Total: $37,327,000
Renourishment Federal:
$114,728,000
Renourishment Non-Federal:
$114,728,000
Renourishment Total:
$229,456,000
------------------------------------------------------------------------
4. NJ Hereford Inlet to Jan. 23, 2015 Initial Federal:
Cape May Inlet, $14,040,000
Cape May County Initial Non-Federal:
$7,560,000
Initial Total: $21,600,000
Renourishment Federal:
$41,215,000
Renourishment Non-Federal:
$41,215,000
Renourishment Total:
$82,430,000
------------------------------------------------------------------------
5. LA West Shore Lake Jun. 12, 2015 Federal: $466,760,000
Pontchartrain Non-Federal: $251,330,000
Total: $718,090,000
------------------------------------------------------------------------
6. CA San Diego County Apr. 26, 2016 Initial Federal:
$20,166,000
Initial Non-Federal:
$10,858,000
Initial Total: $31,024,000
Renourishment Federal:
$68,215,000
Renourishment Non-Federal:
$68,215,000
Renourishment Total:
$136,430,000.
------------------------------------------------------------------------
(4) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades Dec. 23, 2014 Federal: $976,375,000
Non-Federal: $974,625,000
Total: $1,951,000,000
------------------------------------------------------------------------
2. WA Skokomish River Dec. 14, 2015 Federal: $12,782,000
Non-Federal: $6,882,000
Total: $19,664,000.
------------------------------------------------------------------------
(5) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. IL, Upper Des Plaines Jun. 8, 2015 Federal: $199,393,000
WI River and Non-Federal: $107,694,000
Tributaries Total: $307,087,000.
------------------------------------------------------------------------
(6) Flood risk management, ecosystem restoration, and
recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA South San Dec. 18, 2015 Federal: $69,521,000
Francisco Bay Non-Federal: $104,379,000
Shoreline Total: $173,900,000.
------------------------------------------------------------------------
(7) Ecosystem restoration and recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River Dec. 14, 2015 Federal: $19,143,000
Non-Federal: $10,631,000
Total: $29,774,000
------------------------------------------------------------------------
2. CA Los Angeles River Dec. 18, 2015 Federal: $375,773,000
Non-Federal: $980,835,000
Total: $1,356,608,000.
------------------------------------------------------------------------
(8) Deauthorizations, modifications, and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Upper Trinity May 21, 2008 Federal: $526,500,000
River Non-Federal: $283,500,000
Total: $810,000,000
------------------------------------------------------------------------
2. KY Green River Locks Apr. 30, 2015 Federal: $0
and Dams 3, 4, 5, Non-Federal: $0
6 and Barren Total: $0
River Lock and
Dam 1 Disposition
------------------------------------------------------------------------
3. KS Turkey Creek Basin May 13, 2016 Federal: $97,067,750
Non-Federal: $55,465,250
Total: $152,533,000
------------------------------------------------------------------------
4. KY Ohio River May 13, 2016 Federal: $20,309,900
Shoreline Non-Federal: $10,936,100
Total: $31,246,000.
------------------------------------------------------------------------
5. MO Blue River Basin May 13, 2016 Federal: $34,860,000
Non-Federal: $11,620,000
Total: $46,480,000
------------------------------------------------------------------------
Purpose of Legislation
H.R. 5303 authorizes the United States Army Corps of
Engineers (Corps) to carry out water resources development
activities for the Nation, usually through cost-sharing
partnerships with non-federal sponsors. Activities include
navigation, flood damage reduction, shoreline protection,
hydropower, dam safety, water supply, recreation, environmental
restoration and protection, and disaster response and recovery.
H.R. 5303 also reforms the Corps planning process, promotes
timely project delivery, empowers non-federal project sponsors,
and strengthens congressional oversight.
Background and Need for Legislation
America is blessed with an unparalleled network of natural
harbors and rivers. The ports, channels, locks, dams, and other
infrastructure that support our maritime and waterways
transportation system and provide flood protection for our
homes and businesses are vitally important to a healthy
national economy and job growth. Ensuring a sound
infrastructure network is a shared responsibility, with a
federal and state role recognized by our Founding Fathers. The
Water Resources Development Act (WRDA) of 2016 promotes our
Nation's competitiveness, prosperity, and economic growth by
upholding the seminal federal responsibility to maintain a
strong transportation infrastructure and ensure the efficient
flow of domestic and international commerce, and to protect the
lives and livelihoods of the American people in a sustainable
manner. Through WRDA, Congress authorizes the key missions of
the Corps, including developing, maintaining, and supporting
the Nation's economically vital waterway infrastructure and
supporting effective and targeted flood protection and
environmental restoration needs. WRDA also provides Congress
the opportunity to make much needed policy reforms, strengthen
oversight, promote efficient, effective, and transparent
project development and implementation, and open the door to
innovation and stronger partnerships that will improve
infrastructure development. Water resources legislation should
be enacted every two years to provide oversight of and policy
direction to the Administration and the Corps.
Hearings
On February 24, 2016, the Subcommittee on Water Resources
and Environment held a hearing on ``A Review of United States
Army Corps of Engineers Reports to Congress on Future Water
Resources Development and Chief's Reports.''
On May 17, 2016, the Subcommittee on Water Resources and
Environment held a hearing on ``A Review of Recently Completed
United States Army Corps of Engineers Chief's Reports.''
Legislative History and Consideration
On May 23, 2016, House Committee on Transportation and
Infrastructure Chairman Bill Shuster, Ranking Member Peter
DeFazio, Subcommittee on Water Resources and Environment
Chairman Bob Gibbs, and Ranking Member Grace Napolitano
introduced H.R. 5303, the Water Resources Development Act of
2016.
On May 25, 2016, the Committee on Transportation and
Infrastructure met in open session and ordered the bill, as
amended, reported favorably to the House by voice vote with a
quorum present.
An amendment was offered in Committee by Chairman Shuster,
which was adopted by voice vote, making several technical and
conforming changes to the bill.
An amendment was offered in Committee by Representative
Corrine Brown, which was withdrawn. The amendment would have
struck Section 113 of the introduced bill, related to
interstate compacts.
An amendment was offered in Committee by Representative Don
Young, which was adopted by voice vote, that would direct the
Corps to consult with the Department of Homeland Security and
the Department of Defense to identify national security
benefits associated with the development of Arctic deep draft
ports. The amendment was adopted by voice vote.
An amendment was offered in Committee by Representative
Eddie Bernice Johnson, which was withdrawn. The amendment would
have authorized lead or other drinking water contaminant
abatement as eligible activities under Section 219 of the 1992
Water Resources Development Act.
An amendment was offered in Committee by Representative
John J. Duncan, which was withdrawn. The amendment would have
modified the cost-share threshold for major rehabilitation
projects on any inland navigation project from $20 million to
$35 million.
An amendment was offered in Committee by Representative
Michael Capuano, which was withdrawn. The amendment would
modify the cost share for coastal navigation construction
projects that are proposed to be deeper than 45 feet.
An amendment was offered in Committee by Representative
Duncan Hunter, which was adopted by voice vote. The amendment
clarifies the scope of the Corps of' International Outreach
Program.
An amendment was offered in Committee by Representative
Donna Edwards, which was withdrawn. The amendment would have
reauthorized the Clean Water State Revolving Fund and invested
$20 billion over five years in wastewater infrastructure.
An amendment was offered in Committee by Representative
John Garamendi, which was withdrawn. The amendment would have
included three regional restoration programs related to Lake
Tahoe, the Great Lakes, and Long Island Sound in the bill.
An amendment was offered in Committee by Representative
Daniel Webster, which was adopted by voice vote. The amendment
authorizes a comprehensive study to address the flood risks of
coastal communities within the boundaries of the South Atlantic
Division of the Corps.
An amendment was offered in Committee by Representative
Lois Frankel, which was withdrawn. The amendment would have
amended current law to provide local communities the option to
seek foreign sand sources for shore protection projects.
An amendment was offered in Committee by Representative
Reid Ribble, which was withdrawn. The amendment would have
required the Corps review natural and nature-based features in
all water resources development projects.
An amendment was offered in Committee by Representative
Corrine Brown, which was withdrawn. The amendment would have
modified the budget criteria related to Corps construction
projects.
An amendment was offered in Committee by Representative
Brian Babin, which was withdrawn. The amendment would have
directed the Secretary of the Army to give preference to
strategic seaports in determining priorities for budgetary
consideration.
An amendment was offered in Committee by Representative
Garret Graves, which was adopted by voice vote. The amendment
establishes an environmental bank to offset past, current, and
future environmental impacts through the Gulf Coast Ecosystem
Restoration Council.
An amendment was offered in Committee by Representative
Mimi Walters, which was withdrawn. The amendment would have
required that environmental infrastructure projects be treated
as traditional Corps water resources development projects.
An amendment was offered in Committee by Representative
Jared Huffman, which was adopted by voice vote. The amendment
clarifies the authorities of the Corps related to fish
hatcheries.
An amendment was offered in Committee by Representative
Elizabeth Esty, which was withdrawn. The amendment would have
directed a study to assess the performance of innovative
materials.
An amendment was offered in Committee by Representative
Elizabeth Esty, which was withdrawn. The amendment would have
required the study related to the Northeast Coastal Region
Ecosystem Restoration project be carried out at federal
expense.
An amendment was offered in Committee by Representative
Rodney Davis, which was adopted by voice vote. The amendment
requires a Government Accountability Office review of
alternative models for managing the Inland Waterways Trust
Fund.
An amendment was offered in Committee by Representative
Lois Frankel, which was adopted by voice vote. The amendment
enables the Corps to enter into agreements with non-federal
interests to reduce costs related to maintenance dredging.
An amendment was offered in Committee by Representative
Lois Frankel, which was withdrawn. The amendment would have
waived compensatory mitigation requirements for local project
sponsors under certain conditions.
An amendment was offered in Committee by Representative
Jared Huffman, which was withdrawn. The amendment would have
authorized a pilot program to revise the water operations
manuals of 15 Corps-constructed or operated reservoir projects
in drought disaster areas based on best available science.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 5303, or ordering the bill reported.
A motion to order H.R. 5303, as amended, reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 5303, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5303, the Water
Resources Development Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5303--Water Resources Development Act of 2016
Summary: H.R. 5303 would authorize the U.S. Army Corps of
Engineers (Corps) to construct projects to mitigate storm and
hurricane damage, to improve navigation and flood management,
and to restore estuaries. CBO estimates, that implementing this
legislation would cost about $970 million over the next five
years and $3.1 billion over the 2017-2026 period, assuming
appropriation of the authorized and necessary amounts.
Because enacting H.R. 5303 would not affect direct spending
or revenues over the 2017-2026 period, pay-as-you-go procedures
do not apply.
CBO estimates that enacting the bill would increase net
direct spending and on-budget deficits by more than $5 billion
in at least one of the four consecutive 10-year periods
beginning in 2027. The legislation would increase direct
spending, beginning in fiscal year 2027, by authorizing the
Corps to spend amounts in the Harbor Maintenance Trust Fund
without further appropriation.
H.R. 5303 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 5303 are shown in the table below.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Water Resources Infrastructure:
Estimated Authorization Level........................... 62 92 190 230 284 329 419 481 489 534 857 3,109
Estimated Outlays....................................... 25 55 113 169 220 270 332 396 436 474 582 2,490
Policy Provisions and Studies:
Estimated Authorization Level........................... 50 36 88 90 37 36 37 31 32 32 300 468
Estimated Outlays....................................... 27 37 54 72 60 49 41 32 30 31 250 434
Estuary Restoration:
Estimated Authorization Level........................... 35 36 37 38 38 0 0 0 0 0 184 184
Estimated Outlays....................................... 14 25 31 35 36 21 10 4 0 0 140 175
Total Costs
Estimated Authorization Level....................... 146 163 314 357 359 365 456 512 521 566 1,341 3,761
Estimated Outlays................................... 66 117 198 276 316 340 383 432 466 505 972 3,098
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
5303 will be enacted before the end of calendar year 2016 and
that the authorized and necessary amounts will be appropriated
for each fiscal year. Estimates of amounts necessary to
implement the bill are based on information from the Corps;
estimated outlays are based on historical spending patterns for
similar projects and programs. Major components of the
estimated costs are described below.
CBO estimates that H.R. 5303 would authorize appropriations
totaling about $3.8 billion over the 2017-2026 period for water
infrastructure projects and studies administered by the Corps.
We estimate that implementing those provisions would cost $3.1
billion over the 2017-2026 period.
Water resources infrastructure
CBO estimates that implementing title IV would cost about
$2.5 billion over the 2017-2026 period, assuming appropriation
of the amounts estimated to be necessary and accounting for
anticipated inflation. This title would authorize the Corps to
construct 27 new projects and would modify the existing
authorization of four projects; those projects would aim to
improve the nation's navigation system, strengthen flood-risk
management, and restore the environment. Based on information
from the Corps, CBO estimates that the total cost to complete
those projects would be $10.5 billion. H.R. 5303 would
authorize the appropriation of $5.7 billion to cover the
federal share of those costs and nonfederal entities would be
responsible for the remaining costs, totaling an estimated $4.8
billion.
To estimate how funds appropriated for those projects would
be spent, CBO used information from the Corps for each project
about when construction would begin, how long it would take to
complete, and what funding would be necessary to complete it
over the anticipated construction period. CBO also analyzed the
historical spending patterns of similar projects. Because of
the size and complexity of some large Corps projects, they can
take several years to commence and more than ten years to
complete. CBO estimates that the federal share of the projects
and modifications authorized by this title would require the
appropriation of about $3.1 billion over the 2017-2026 period;
the remainder of the federal share to complete the projects
would be needed after 2026.
The estimated cost of the five largest projects authorized
by H.R. 5303 totals $6.9 billion; the federal share would total
about $3.5 billion. Those projects and their estimated federal
cost are:
The Central Everglades Planning Project to
restore the Everglades in central and southern Florida
($1 billion);
The American River Watershed Common Features
project to reduce the risk of flood along the American
and Sacramento Rivers near Sacramento, California ($880
million);
The West Sacramento project to reduce the
risk of flood in the City of West Sacramento,
California ($780 million);
The West Shore Lake Pontchartrain project to
reduce the risk of hurricane and storm damages in St.
Charles, St. John the Baptist, and St. James Parishes
in Louisiana ($480 million); and
The Los Angeles River Ecosystem Restoration
project to restore ecosystems along the Los Angeles
River in Los Angeles County, California ($380 million).
Assuming appropriation of the necessary amounts, CBO
estimates that spending on those five projects would total
about $1.1 billion and would be incurred over the 2017-2026
period. CBO estimates that construction spending for the other
22 projects and 4 modifications authorized by the bill would
total about $1.4 billion over the next 10 years.
Studies and other provisions
Based on a review of information provided by the Corps, CBO
estimates that implementing the provisions described below
would cost $434 million over the 2017-2026 period, assuming
appropriation of the necessary amounts. Those provisions (and
their federal costs) would:
Authorize the Corps to conduct about 30
feasibility studies for projects to reduce risks
stemming from floods and hurricanes, to restore
ecosystems, and to improve navigation ($50 million);
Direct the Corps to maintain the width and
depth of certain commercial harbors at the same
dimensions as they were originally constructed by the
Corps ($100 million);
Authorize projects to restore fisheries and
ecosystems on the Great Lakes ($100 million);
Require the Corps to report to the Congress
about the volume and types of foreign materials
purchased each year for civil works projects ($106
million); and
Direct the Corps to develop beneficial uses
for dredge material, remove sediment from certain
reservoirs, waive certain cost-share requirements for
projects and studies for Indian Tribes, and maintain a
database on the condition of federal breakwaters and
jetties ($78 million).
Estuary restoration
H.R. 5303 would authorize the annual appropriation for five
years of $35 million for the Estuary Habitat Restoration
program and additional amounts necessary to account for cost
increases caused by inflation. CBO estimates the appropriation
of those amounts would cost $175 million over the 2017-2026
period.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting the bill would increase net direct
spending and on-budget deficits by more than $5 billion in at
least one of the four consecutive 10-year periods beginning in
2027.
Under the bill, balances in the Harbor Maintenance Trust
Fund (HMTF) would become available to the Corps, without
further appropriation, beginning in fiscal year 2027. CBO
estimates that the balance in the HMTF that would be available
to spend in 2027 would be about $20 billion. In recent years
the annual appropriation from the HMTF has been about $1
billion.
Intergovernmental and private-sector impact: H.R. 5303
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from greater flexibility provided in the bill to
administer and finance infrastructure projects supported by the
Corps. Any costs to those entities under agreements with the
Corps, including matching contributions, would be incurred
voluntarily.
Previous CBO estimate: On June 27, 2016, CBO transmitted a
cost estimate for S. 2848 as ordered reported by the Senate
Committee on Environment and Public Works on April 28, 2016. S.
2848 authorized the Corps to construct water resources
infrastructure projects that are also authorized in H.R. 5305.
For projects common to both pieces of legislation, CBO's
estimated costs are the same.
Estimate prepared by: Federal spending: Aurora Swanson;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize the key missions of the Corps, including developing,
maintaining, and supporting the Nation's economically vital
waterway infrastructure and supporting effective and targeted
flood protection and environmental restoration needs.
Additionally, H.R. 5303 is intended to accelerate the project
delivery process, promote fiscal responsibility, and strengthen
our water transportation networks to promote competiveness,
prosperity, and economic growth. Finally, WRDA will make major
reforms to increase transparency, accountability, and
congressional oversight in reviewing and prioritizing future
water resources development activities.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 5303, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemakings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 5303, as amended,
does not specifically direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5303, as
reported, does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Short title; table of contents
This section designates the short title of this bill as the
``Water Resources Development Act of 2016''.
Section 2. Definition of Secretary
This section defines the term ``Secretary'' as the
Secretary of the Army
TITLE I--GENERAL PROVISIONS
Section 101. Sense of Congress regarding Water Resources Development
Acts
This Sense of Congress emphasizes the unique functions and
missions carried out by the Corps and re-affirms that Water
Resources Development Acts should be considered by Congress
every two years.
Section 102. Training and employment for veterans and members of Armed
Forces in curation and historic preservation
This section directs the Corps to carry out a Veterans'
Curation Program to train and hire veterans and members of the
armed forces to assist the Corps in carrying out curation and
historic preservation activities.
Section 103. Youth service and conservation corps organizations
This section directs the Corps to enter into cooperative
agreements with youth service and conservation corps
organizations for services related to projects under the
jurisdiction of the Corps.
Section 104. Navigation safety
This section directs the Corps to use the existing
operation and maintenance authorities to carry out navigation
safety activities at those projects eligible for operation and
maintenance under Section 204(f) of the Water Resources
Development Act of 1986. The Committee is becoming exceedingly
concerned that the Corps is requiring non-federal project
sponsors to obtain construction authority to carry out bend
easing activities that have traditionally been carried out
using existing operation and maintenance authorities. This
section clarifies the Corps' authority to use operation and
maintenance authority for bend easing activities.
Section 105. Emerging harbors
This section amends the Water Resources Development Act of
1986 to clarify the distribution of priority funds between
high-use and moderate-use harbor projects and emerging harbor
projects.
Section 106. Federal breakwaters and jetties
This section directs the Corps to compile and report to
Congress with an inventory of all federal breakwaters and
jetties protecting harbors and inland harbors, including
information on location, the general structural condition of
each breakwater or jetty, potential risks to navigational
safety, the impact of the periodic maintenance dredging needs
of protected harbors and inland harbors, and the costs to
restore or maintain each breakwater or jetty.
Section 107. Donor ports and energy transfer ports
This section amends Section 2106(a)(2)(B) of the Water
Resources Reform and Development Act of 2014 to amend a portion
of the definition of a donor port to be a port at which the
total amount of harbor maintenance taxes collected comprise not
less than $5,000,000 annually of the total funding of the
Harbor Maintenance Trust Fund.
Section 108. Use of Harbor Maintenance Trust Fund to support navigation
This section amends the Water Resources Development Act of
1986 to allow the Corps to use the funds available in the
Harbor Maintenance Trust Fund to carry out eligible operations
and maintenance costs assigned to commercial navigation of
harbors and inland harbors within the United States, beginning
in fiscal year 2027.
Section 109. Remote and subsistence harbors
This section amends the Water Resources Development Act of
2007 to direct the Corps to give consideration to regions that
rely on remote and subsistence harbors when conducting a study
of harbor and navigation improvements.
Section 110. Beneficial use of dredged material
This section directs the Corps to establish a pilot program
to carry out projects for the beneficial reuse of dredged
material. The program will consist of 10 geographically diverse
pilot projects and will be carried out with the help of
regional beneficial reuse teams put together by the Corps, made
up of federal, state, and other appropriate stakeholders. The
purpose of this pilot program is to identify and select
projects to maximize the beneficial reuse of dredged material
based solely on the environmental, economic, and social
benefits of the project, including monetary and nonmonetary
benefits, notwithstanding the current practices of the Corps.
The program will be terminated upon completion of the 10
selected projects. Additionally, the Corps is encouraged to
look at innovative dredged material disposal along not just the
Nation's coastal areas, but inland regions such as the Great
Lakes.
Section 111. Reservoir sediment
This section amends the Water Resources Development Act of
2000 to direct the Corps to establish a pilot program to accept
services provided by a non-federal interest or commercial
entity to remove sediment captured behind a dam that is owned,
operated, or under the jurisdiction of the Corps for the
purposes of restoring the authorized storage capacity. A
maximum of 10 dam sites shall be included in the established
pilot program. The non-federal interest or commercial entity
may retain, use, recycle, sell, or otherwise dispose of any
sediment removed in connection with the services being provided
through the pilot program.
Section 112. Contributed funds for reservoir operations
This section amends Section 5 of the Act of June 22, 1936
to allow the Corps to receive and expend funds from non-federal
interests to formulate, review, or revise reservoir operations
manuals at projects not owned by the Corps.
Section 113. Water supply conservation
This section authorizes the Corps to enter into agreements
with non-federal sponsors to carry out water supply
conservation measures in states affected by drought. The water
supply conservation measures must be consistent with the
authorized purposes of Corps water resources development
projects.
Section 114. Interstate compacts
This section amends Section 301 of the Water Supply Act of
1958 to strike subsection (f), a Sense of Congress related to
interstate compacts.
Section 115. Nonstructural alternatives
This section amends the Public Law 84-99 emergency response
authorities to require the Corps to consult with the non-
federal sponsor on the availability of nonstructural
alternatives to the repair or restoration of flood control
works, and require the agreement of the non-federal sponsor
before their implementation.
Section 116. Operation and maintenance of environmental protection and
restoration and aquatic ecosystem restoration projects
This section releases a non-federal interest from any
obligation to operate and maintain the non-structural and non-
mechanical components of a water resources development project
carried out for the purposes of environmental protection and
restoration or aquatic ecosystem restoration if the Corps
determines that the 50-year period following completion of
construction has concluded or that the criteria identified by
the guidance in this section have been met. The Corps is
further instructed to issue guidance that identifies criteria
for determining when the purpose of a project for environmental
protection and restoration or aquatic ecosystem restoration has
been achieved.
Section 117. Estuary restoration
This section amends the Estuary Restoration Act of 2000 to
allow nongovernmental organizations to be considered ``non-
federal interests'' in order to enter into binding agreements
with the Corps to indemnify the Corps during the construction
of a proposed project. This section also amends the Estuary
Restoration Act of 2000 to authorize the program for fiscal
year 2017 through fiscal year 2021.
Section 118. Great Lakes fishery and ecosystem restoration
This section amends the Water Resources Development Act of
2000 to modify the Great Lakes Fishery and Ecosystem
Restoration program to ensure consistency with the Great Lakes
Restoration Initiative and other federal programs.
Section 119. Agreements
This section amends the Water Resources Development Act of
2007 by repealing Section 2036(c) to ensure that the Corps has
alternative methods available for compensatory mitigation
activities.
Section 120. Corps operation of unmanned aircraft systems
This section instructs the Corps to designate a coordinator
and principal approving official for the use of drones in
support of civil works and emergency response missions. This
section requires that drones used by the Corps be operated in
accordance with Federal Aviation Administration regulation.
Drones acquired, operated, or maintained by the Corps are not
to be used for any Department of Defense mission other than in
support of civil works and emergency response of the Corps.
Section 121. Federal dredge fleet
This section directs the Comptroller General to study the
costs and benefits of expanding, reducing, or maintaining the
current configuration of the federally owned hopper dredge
fleet.
Section 122. Corps assets
This section amends Section 6002(b) of the Water Resources
Reform and Development Act of 2014 to require the Corps, in its
inventory and review of properties to consider the extent to
which a property has economic, cultural, historic, or
recreational significance, or impacts at the national, state,
or local level to determine if the property is necessary to
carry out the missions of the Corps.
Section 123. Funding to process permits
This section amends Section 214 of the Water Resources
Development Act of 2000 to include railroad carriers as
eligible to contribute funds to the Corps to expedite the
evaluation of a permit, under the jurisdiction of the
Department of the Army, related to a project or activity for
public purpose. This section also makes permanent the program
for natural gas companies and railroad carriers.
Section 124. Credit in lieu of reimbursement
This section amends Section 1022 of the Water Resources
Reform and Development Act of 2014 by clarifying that projects
specifically authorized under section 211 of the Water
Resources Development Act of 1996 for which a written agreement
for construction was finalized on or before December 31, 2014,
are eligible for credit in lieu of reimbursement for non-
federal project sponsors.
Section 125. Clarification of contributions during emergency events
This section amends Section 1024 of the Water Resources
Reform and Development Act of 2014 to allow the Corps to accept
contributed materials and services for the purpose of
repairing, restoring, or replacing a water resources
development project that has had a failure of equipment.
Section 126. Study of Water Resources Development projects by non-
federal interests
This section amends the Water Resources Development Act of
1986 to allow the Secretary of the Army-Civil Works to provide
technical assistance to a non-federal interest. Currently, when
carrying out a study under Section 203 authority, the Assistant
Secretary of the Army may not have the opportunity to review or
participate in a proposed study until late in the process. This
provision is intended to facilitate the ability of the
Assistant Secretary of the Army's office to provide technical
assistance for feasibility studies for non-federal interests to
ensure an integrated process. The Committee is aware that
private sector engineering firms are currently engaged both by
the Corps and by other public and private entities to perform
this service for water resource and other infrastructure
projects. The Committee does not intend this section to change
the current process for carrying out architect-engineer design
work, either by the private or public sector.
Section 127. Non-Federal construction of authorized flood damage
reduction projects
This section amends the Water Resources Development Act of
1986 to authorize credit or reimbursement for a discrete
segment of a flood damage reduction project, or a separable
element of the project, once the Secretary determines that
construction of the discrete segment is complete and consistent
with current law and the project authorization. Discrete
segment is defined in this section as a physical portion of a
flood damage reduction project and can be operated and
maintained independently and without creating a hazard prior to
completion of the project as a whole. Additionally, it is the
intent of this section that a discrete segment need not be
economically justified.
Section 128. Multistate activities
This section amends the Planning Assistance to States
program authorized under Section 22 of the Water Resources
Development Act of 1974 to include groups of states as eligible
to work with the Corps in the preparation of comprehensive
plans for the development, utilization, and conservation of the
water and related resources of drainage basins located within
the boundaries of such states. This provides states the option
to work jointly on water resources issues that affect more than
one state, such as creating comprehensive regional water
conservation plans.
Section 129. Regional participation assurance for levee safety
activities
This section amends the levee safety provisions in the
Water Resources Development Act of 2007 to ensure regional
districts are active participants and adequately consulted in
carrying out the National Levee Safety Program.
Section 130. Participation of non-Federal interests
This section amends Section 221 of the Flood Control Act of
1970 to authorize Alaska Native Corporations to participate as
non-federal, cost-share partners on Corps projects.
Section 131. Indian tribes
This section amends the Water Resources Development Act of
1986 to direct the Corps to waive local cost-sharing
requirements up to $455,000 for all studies and projects for
federally recognized Indian tribes.
Section 132. Dissemination of information on the annual report process
This section directs the Corps to develop and support
education and awareness efforts to ensure that potential non-
federal interests and locally elected officials are informed of
the new annual Report to Congress on Future Water Resources
Development process established under Section 7001 of the Water
Resources Reform and Development Act of 2014.
Section 133. Scope of projects
This section amends Section 7001(f) of the Water Resources
Reform and Development Act of 2014 to include within the term
``water resources development project,'' a project under an
environmental infrastructure assistance program.
Section 134. Preliminary feasibility study activities
This section directs the Corps to meet with a non-federal
interest, at the non-federal interest's request, for the
purpose of a scoping meeting prior to the initiation of a
feasibility study for the non-federal interest's proposed water
resources development project. The purpose of the meeting is to
review any preliminary analysis of the costs, benefits, and
environmental impacts of the proposed project and provide an
estimate of the costs of preparing the feasibility report.
Section 135. Post-authorization change reports
This section directs the Corps to furnish post-
authorization change reports to Congress upon completion,
instead of after Administration review. Administration review
is instructed to happen within 120 days after completion of the
report and prompt review is directed for any post-authorization
change report that is completed but pending Administration
review prior to the date of enactment of this Act. Like Reports
of the Chief of Engineers, which are required to be submitted
to Congress upon completion, the Committee is interested in
reviewing the Corps' technical analysis of any proposed post-
authorization change for a project, and not the policy and
practice of the Office of Management and Budget.
Section 136. Maintenance dredging data
This section directs the Corps to establish a publicly
available database of maintenance dredging carried out by
federal and non-federal vessels. The information included in
the database shall include the volume of dredged material
removed, the total cost of the project, the party and vessel
carrying out the work, the number of private contractor bids
received, and the initial cost estimate for each project.
Section 137. Electronic submission and tracking of permit applications
This section amends the Water Resources Development Act of
2007 to direct the Corps to research, develop, and implement an
electronic system to allow the electronic preparation and
submission of applications for permits and requests for
jurisdictional determinations under the jurisdiction of the
Corps. All permit decisions and jurisdictional determinations
should be available for a minimum of five years. This
electronic system should be developed and implemented within
two years after the date of enactment.
Section 138. Data transparency
This section amends the Water Resources Development Act of
2007 to instruct the Corps to make publically available,
including on the Internet, all data on the planning, design,
construction, operation, and maintenance of water resources
development projects and on water quality and water management
of projects owned, operated, or managed by the Corps. None of
the data or information disclosed pursuant to this section
shall include confidential, privileged, law enforcement,
national security, infrastructure security, or personal
information, or information the disclosure of which is
prohibited by law.
Section 139. Backlog prevention
This section terminates the authorization for any project
or separable element of a project authorized for construction
by this Act after seven years unless construction has been
initiated. At the end of the seven-year period, the Corps must
submit to Congress a report that identifies the projects
deauthorized by this section. After the expiration of a 12-year
period, the Corps shall submit to Congress a report that
identifies any projects for which construction has been
initiated but not completed, describes the reasons the projects
were not completed, and provides a schedule for the completion
of the projects based on expected levels of appropriations.
Section 140. Quality control
This section amends the Flood Control Act of 1944 to
require that transmittal letters and any accompanying
attachments for each final study, statement, report, and record
of decision be made publicly available in addition to being
printed as House or Senate documents. Additionally, the Corps
is directed to provide to Congress a copy of each final study,
statement, report, and record of decision prepared by the
Corps. The Committee remains concerned about the quality of
documents provided to the Committee, and want to ensure
printing costs are kept to a minimum. Too often, the Corps
submits final reports and documents to Congress that contain
substantive and technical errors. The Committee also notes that
the Corps has failed to implement section 2041(a) of the Water
Resources Development Act of 2007 that requires the Corps to
develop a unique tracking number for individual Corps projects.
This provision was included to avoid confusion in the
identification of projects, or separable elements of projects,
and the Corps is directed to implement that provision of Water
Resources Development Act of 2007.
Section 141. Budget development and prioritization
This section directs the Corps to biennially submit to
Congress a report in conjunction with the President's budget
that describes the budgeting metrics used in developing the
Civil Works Budget for the fiscal year, explains the metrics
used for each business line, and demonstrates how projects are
prioritized.
Section 142. Use of natural and nature-based features
This section directs the Corps to submit a report to
Congress every two years on the use of natural and nature-based
features in water resources development projects, including
flood risk reduction, coastal resiliency, and aquatic ecosystem
restoration projects.
Section 143. Annual report on purchase of foreign manufactured articles
This section amends the Water Resources Development Act of
1992 to direct the Corps to submit a report to Congress at the
conclusion of each fiscal year on the dollar value of any
articles, materials, or supplies that were manufactured outside
of the United States and purchased by the Corps for civil works
projects during the fiscal year.
Section 144. Integrated water resources planning
This section directs the Corps to work with communities
covered by a proposed water resources development project to
coordinate the feasibility study with any existing local or
regional water management plan.
Section 145. Evaluation of project partnership agreements
This section instructs the Corps to prioritize and complete
the activities directed in Section 1013 of the Water Resources
Reform and Development Act of 2014. The Committee remains
concerned about the pace of implementation guidance issued
related to the Water Resources Reform and Development Act of
2014. At the time of the Full Committee markup of the Water
Resources Development Act of 2016, more than 30% of the
implementation guidance for the Water Resources Reform and
Development Act of 2014 has yet to be issued.
Section 146. Additional measures at donor ports and energy transfer
ports
This section amends the Section 2106 of the Water Resources
Reform and Development Act of 2014 to adjust the sunset date
for the authorization of appropriations for donor ports and
energy transfer ports.
Section 147. Arctic deep draft port development partnerships
This section amends the Water Resources Reform and
Development Act of 2014 to direct the Corps to consult with
Department of Homeland Security and the Department of Defense
to identify national security benefits associated with the
development of Arctic deep draft ports.
Section 148. International outreach program
This section amends the Water Resources Development Act of
1992 to allow the Corps to engage in activities to inform the
United States of technological innovations from abroad that
could significantly improve water resources development in the
United States. Technology transfer has long been a part of the
Corps programs. For instance, after the North Sea floods of
1953, Dutch engineers sought the expertise from the Corps in
constructing the Delta Works in the Netherlands. Countries like
Israel have a long track record of successful planning, design,
and construction of desalination technologies. The Corps should
enter into international technology transfer agreements where
appropriate.
Section 149. Comprehensive study
This section directs the Corps to study the flood risks for
vulnerable coastal populations in areas within the boundaries
of the South Atlantic Division.
Section 150. Alternative models for managing inland waterways trust
fund
This section directs the Comptroller General to conduct a
study to analyze alternative models for managing the Inland
Waterways Trust Fund.
Section 151. Alternative projects to maintenance dredging
This section allows the Corps to assume the operation and
maintenance costs of alternative projects to maintenance
dredging for a channel if the alternative project would lower
the overall costs of maintaining the channel.
Section 152. Fish hatcheries
This section allows the Corps to operate fish hatcheries in
order to restore the threatened or endangered populations of
fish species in the region serviced by the fish hatcheries.
Section 153. Environmental banks
This section directs the Gulf Coast Ecosystem Restoration
Council, established pursuant to subtitle F of Public Law 112-
141, to issue regulations to establish environmental banks for
the purpose of mitigating environmental impacts caused by
construction or other development activities.
TITLE II--STUDIES
Section 201. Authorization of proposed feasibility studies
This section authorizes the Corps to conduct feasibility
studies for 29 projects for water resources development and
conservation and other purposes. These projects that the Corps
is authorized to study were submitted to Congress in a Report
to Congress on Future Water Resources Development pursuant to
Section 7001 of the Water Resources Reform and Development Act
of 2014, or otherwise reviewed by Congress. Each of the
projects has as its primary purpose, one of the following:
navigation, hurricane and storm damage reduction, flood damage
reduction, or ecosystem restoration.
Section 202. Expedited completion of reports for certain projects
This section directs the Corps to expedite the completion
of eight feasibility studies currently underway. Upon
completion of the study, if the Corps determines that the
project is justified, the Corps may proceed directly to
preconstruction planning, engineering, and design. This section
also directs the Corps to expedite the completion of post-
authorization change reports for two projects that are
currently underway.
TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS
Section 301. Deauthorization of inactive projects
This section establishes a process that will lead to the
deauthorization of $5 billion in previously authorized, yet
inactive projects. This section requires the Corps to submit a
list of inactive projects to Congress that were authorized for
construction prior to November 8, 2007, have not begun
planning, design, or construction, or, if projects have begun
planning, design, or construction, they have not received any
funds, federal or non-federal, in the past six years. The Corps
shall identify projects beginning from the oldest authorization
to the newest until the target deauthorization is met. After a
180-day period of congressional review, the projects on the
list are automatically deauthorized.
Section 302. Valdez, Alaska
This section exempts Tract G, Harbor Subdivision, a project
for navigation in Valdez, Alaska, from navigational servitude
beginning on the date of enactment of this Act. The federal
government may enter the property to perform required operation
and maintenance of the general navigation features.
Section 303. Los Angeles County drainage area, Los Angeles County,
California
This section directs the Corps to update the Water Control
Manuals for control structures in the Los Angeles County
Drainage Area and to integrate and incorporate into the project
seasonal operations for water conservation and water supply.
Section 304. Sutter Basin, California
This section deauthorizes the separable element
constituting the locally preferred plan increment reflected in
the report of the Chief of Engineers, dated March 12, 2014, and
authorized for construction in item 8 of the table contained in
Section 7002(2) of the Water Resources Reform and Development
Act of 2014.
Section 305. Essex River, Massachusetts
This section deauthorizes portions of the Essex River,
Massachusetts navigation project authorized by the Act of July
13, 1892, as amended.
Section 306. Port of Cascade Locks, Oregon
This section extinguishes two identified flowage easements
above the ordinary high water line in Hood River County,
Oregon.
Section 307. Central Delaware River, Philadelphia, Pennsylvania
This section declares a portion of the Delaware River in
Philadelphia, Pennsylvania to be nonnavigable waters of the
United States. The declaration only applies to the sections of
the River that are or will be bulkheaded and filled or
otherwise occupied by permanent structures.
Section 308. Huntingdon County, Pennsylvania
This section directs the Corps to prioritize the updating
of the Master Plan for the Juniata River and tributaries
project, Huntingdon County, Pennsylvania. As a part of the
update, the Corps shall assess, evaluate, and incorporate any
alternatives for additional recreation access and development.
Section 309. Rivercenter, Philadelphia, Pennsylvania
This section amends the Water Resources Development Act of
1988 to make permanent the declaration of nonnavigability for
portions of Rivercenter, Philadelphia, Pennsylvania.
Section 310. Joe Pool Lake, Texas
This section directs the Corps to accept payment from the
Trinity River Authority of Texas related to water supply
storage in Joe Pool Lake, Texas.
Section 311. Salt Creek, Graham, Texas
This section deauthorizes the project for flood control,
environmental restoration, and recreation, Salt Creek, Graham,
Texas, previously authorized by Section 101(a)(30) of the Water
Resources Development Act of 1999. The Corps may transfer any
land acquired by the federal government for the project on
behalf of the non-federal interest that remains in federal
ownership on or after the date of enactment of this Act to the
non-federal interest.
Section 312. Texas City Ship Channel, Texas City, Texas
This section exempts a portion of the Texas City Ship
Channel in Texas City, Texas from navigational servitude.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Section 401. Project authorizations
This section authorizes 27 water resources projects that
have completed technical review by the Corps and are
recommended by the Chief of Engineers. The projects are
authorized to be carried out in accordance with the plan, and
subject to the conditions, described in the Chief's Reports.
Each of the projects has as its primary purpose, one of the
following: navigation, flood risk management, hurricane and
storm damage risk reduction, or ecosystem restoration. This
section also authorizes five project modifications for
previously authorized projects.
Additional Matters
Congress has been conferring its authority to the Corps
since the 1820's when the agency was given the mission to
provide for navigation improvements to the Ohio and Mississippi
Rivers. Throughout much of the Nation's history, this has
proven to be a wise decision by Congress. However, in recent
years, the Corps and the Office of Management and Budget (OMB)
have found new and innovative approaches to rejecting,
disqualifying, or otherwise stifling investment in worthwhile
and beneficial water resources development projects.
One of those unique methods is by utilizing an arbitrary
and limiting ``new start'' policy. By unilaterally restricting
budgetary consideration of critical water resources investment,
the Administration is needlessly delaying initiation of many
Congressionally authorized projects. While the Committee
recognizes the importance of project completion, Members of
Congresshave been consistently approaching the Committee about
this ``new start'' policy, even offering amendments that spoke to this
issue during consideration of this legislation.
For instance, it has come to the attention of the Committee
that the Corps and OMB are inflicting this ``new start'' policy
on separable elements of projects that have already been
initiated. Abandoned, or partially completed construction
projects are of benefit to no one, and the Corps and OMB should
provide flexibility and consideration for its non-federal cost-
share partners in determining its ``new start'' criteria.
The Committee is aware of numerous concerns related to the
Corps' implementation of Section 14 of the Rivers and Harbors
Act of 1899 (commonly called a ``408 certification'', since
this law is codified in 33 U.S.C. Sec. 408). Non-federal
entities seeking to modify federal water resources projects are
often required to obtain a 408 certification from the Corps
prior to initiating the modification; however, the Committee
believes that this process can be improved upon. For example,
the Committee has heard concerns expressed on the length of
time to receive this certification. Section 1007 of Water
Resources Reform and Development Act of 2014 requires the
Secretary to establish benchmark goals for completing section
408 certifications in a timely manner. This is one of several
provisions of Water Resources Reform and Development Act of
2014 that the Corps has failed to implement. Further, the
Committee is concerned that, in recent updates of its
engineering circulars or guidance related to the 408
certification process, the Corps has failed to recognize these
benchmark goals to improve the pace of 408 certification
review.
The Committee has also heard concerns from non-federal
entities on the scope of activities covered by the 408
certification process, or that the Corps may suggest a proposed
modification (requiring 408 certification) will not be
acceptable prior to a non-federal entity completing its
application for a 408 certification. While the unique
circumstances of these concerns may be fact-specific to
individual projects or applications, they are consistent with
an overall frustration expressed by non-federal entities with
the 408 certification process. The Committee believes that
Corps should redouble its efforts to ensure that necessary
certifications under this authority are carried out in an
expeditious and transparent manner, consistent with federal
law, and that Corps regulatory personnel are provided with
sufficient federal resources to carry out this authority.
The Committee remains concerned with the pace of issuance
of required implementation guidance related to the Water
Resources Reform and Development Act of 2014. At the time of
Committee consideration of H.R. 5303, less than 70 percent of
the implementation guidance had been issued, almost two years
after enactment. Further, in specific cases, the guidance that
was issued failed to provide a framework for implementation of
the enacted language. For instance, in issuing the
implementation guidance for requirements under section 5014 of
Title V of the Water Resources Reform and Development Act of
2014 related to Public Private Partnerships, the Corps provided
guidance that essentially stated only when funds were provided
to the Corps to carry out the law, would further implementation
guidance be issued. The Corps is encouraged to re-issue this
implementation guidance prior to receiving funding for these
programs so Congress may get a better sense of how taxpayer
funds will be invested, how proposals for public-private
partnerships will be considered by the Corps, and how these
partnerships will be incorporated into future budget policy.
Additionally, the Committee has heard from many non-federal
project sponsors and their associated representatives related
to coordination and consultation on implementation guidance. In
many instances, expertise on water resources development
projects lies outside the Washington, D.C. Beltway. The Corps
should adopt an open process to gather input and initiate a
dialogue with those non-federal sponsors who have a stake in
how programs and activities are carried out. Hosting one-way
communications through Webinars and other non-participatory
forums jeopardizes the necessary modifications and adjustments
to the Corps programs and activities that were authorized in
the Water Resources Reform and Development Act of 2014. The
Corps should work to ensure all non-federal project sponsor
voices are heard and incorporate those considerations and
Congressional intent into final implementation guidance.
Section 3022 of the Water Resources Reform and Development
Act of 2014 directed the Secretary to encourage, to the maximum
extent practicable, the use of durable and sustainable
materials and resilient construction techniques that allow a
water resources project to resist hazards due to a major
disaster and to continue to serve its primary function post
event.In carrying out this section, the Secretary should ensure
that each of the materials and practices will increase
performance reliability in anticipated use, reduce the risk of
failure during extreme events, maintain a project's primary
function during changing conditions, and help to support
specific community recovery goals for water resources projects.
Section 7001 of the Water Resources Reform and Development
Act of 2014 requires the Corps to annually publish a notice in
the Federal Register requesting proposals from non-federal
interests for project authorizations, studies, and
modifications to existing Corps projects. Further, it requires
the Secretary to submit to Congress and make publicly available
a ``Report to Congress on Future Water Resources Development''
(Annual Report) of those activities that are related to the
missions of the Corps and require specific authorization by
law.
Additionally, this section requires the Secretary to
certify the proposals included in the annual report meet the
criteria established by Congress in this section. The section
requires that information be provided about each proposal that
is in the Annual Report submitted to the Congress. This
information is meant to help the Congress set priorities
regarding which potential studies, projects, and modifications
will receive authorizations. The Secretary is expected to make
use of information that is readily available and is not
expected to begin a detailed and time-consuming analysis for
additional information.
The Committee would like to remind the Corps that the
Annual Report is intended to reflect a broad spectrum of
activities for Congress, not the Administration, to consider in
authorizing future water resources projects. The job of the
Corps under Section 7001 is primarily an administrative one.
That is, the Corps is to collect proposals, screen them against
the five criteria in the law, and simply report the findings.
The contents of the first Annual Report did not meet this
Committee's expectations, not only in terms of the number of
proposals submitted by non-federal project sponsors, but also
how the Administration used this process as a way to promote
their priorities, and not those of the non-federal project
sponsors. The Administration has many tools available to
provide their priorities to Congress, but the Annual Report is
not one of those tools.
However, after an immense amount of oversight work by the
Committee and with the Corps playing the role of a willing
partner, the second Annual Report was much improved. Many of
the projects submitted in the second Annual Report are proposed
to be authorized in this legislation. The Committee expects the
Corps to further refine the process required under section 7001
of the Water Resources Reform and Development Act and eagerly
anticipates another improved Annual Report in 2017.
The Committee continues to encourage the Corps to
prioritize investment in preconstruction engineering and design
(PED) of measures authorized in title VIII of the Water
Resources and Development Act of 2007 related to navigation and
ecosystem improvements on the Upper Mississippi River and
Illinois Waterway. Timely completion of PED and proceeding to
construction will advance America's competiveness, as well as
the readiness of the improved locks and a more functional
ecosystem.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
WATER RESOURCES DEVELOPMENT ACT OF 2000
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the``Water
Resources Development Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
[Sec. 215. Dredged material marketing and recycling.]
Sec. 215. Reservoir sediment.
* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
SEC. 213. ASSISTANCE PROGRAMS.
(a) Conservation and Recreation Management.--To further
training and educational opportunities about water resources
development projects under the jurisdiction of the Secretary,
the Secretary may enter into cooperative agreements with non-
Federal public and nonprofit entities for services relating to
natural resources conservation or recreation management.
(b) Rural Community Assistance.--In carrying out studies and
projects under the jurisdiction of the Secretary, the Secretary
may enter into cooperative agreements with multistate regional
private nonprofit rural community assistance entities for
services, including water resource assessment, community
participation, planning, development, and management
activities.
(c) Youth Service and Conservation Corps Organizations.--The
Secretary shall, to the maximum extent practicable, enter into
cooperative agreements with qualified youth service and
conservation corps organizations for services relating to
projects under the jurisdiction of the Secretary and shall do
so in a manner that ensures the maximum participation and
opportunities for such organizations.
[(c)] (d) Cooperative Agreements.--A cooperative agreement
entered into under this section shall not be considered to be,
or treated as being, a cooperative agreement to which chapter
63 of title 31, United States Code, applies.
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) Funding to Process Permits.--
(1) Definitions.--In this subsection:
(A) Natural gas company.--The term ``natural
gas company'' has the meaning given the term in
section 1262 of the Public Utility Holding
Company Act of 2005 (42 U.S.C. 16451), except
that the term also includes a person engaged in
the transportation of natural gas in intrastate
commerce.
(B) Public-utility company.--The term
``public-utility company'' has the meaning
given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (42 U.S.C.
16451).
(C) Railroad carrier.--The term ``railroad
carrier'' has the meaning given the term in
section 20102 of title 49, United States Code.
(2) Permit processing.--The Secretary, after public
notice, may accept and expend funds contributed by a
non-Federal public entity or a public-utility company
[or natural gas company], natural gas company, or
railroad carrier to expedite the evaluation of a permit
of that entity [or company], company, or carrier
related to a project or activity for a public purpose
under the jurisdiction of the Department of the Army.
[(3) Limitation for public-utility and natural gas
companies.--The authority provided under paragraph (2)
to a public-utility company or natural gas company
shall expire on the date that is 7 years after the date
of enactment of this paragraph.]
[(4)] (3) Effect on other entities.--To the maximum
extent practicable, the Secretary shall ensure that
expediting the evaluation of a permit through the use
of funds accepted and expended under this section does
not adversely affect the timeline for evaluation (in
the Corps district in which the project or activity is
located) of permits under the jurisdiction of the
Department of the Army of other entities that have not
contributed funds under this section.
[(5)] (4) GAO study.--Not later than 4 years after
the date of enactment of this paragraph, the
Comptroller General of the United States shall carry
out a study of the implementation by the Secretary of
the authority provided under paragraph (2) to public-
utility companies [and natural gas companies], natural
gas companies, and railroad carriers.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted
under subsection (a) will not impact impartial
decisionmaking with respect to permits, either
substantively or procedurally.
(2) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the evaluation
of permits carried out using funds accepted under this
section shall--
(A) be reviewed by--
(i) the District Commander, or the
Commander's designee, of the Corps
District in which the project or
activity is located; or
(ii) the Commander of the Corps
Division in which the District is
located if the evaluation of the permit
is initially conducted by the District
Commander; and
(B) utilize the same procedures for decisions
that would otherwise be required for the
evaluation of permits for similar projects or
activities not carried out using funds
authorized under this section.
(c) Limitation on Use of Funds.--None of the funds accepted
under this section shall be used to carry out a review of the
evaluation of permits required under subsection (b)(2)(A).
(d) Public Availability.--
(1) In general.--The Secretary shall ensure that all
final permit decisions carried out using funds
authorized under this section are made available to the
public in a common format, including on the Internet,
and in a manner that distinguishes final permit
decisions under this section from other final actions
of the Secretary.
(2) Decision document.--The Secretary shall--
(A) use a standard decision document for
evaluating all permits using funds accepted
under this section; and
(B) make the standard decision document,
along with all final permit decisions,
available to the public, including on the
Internet.
(3) Agreements.--The Secretary shall make all active
agreements to accept funds under this section available
on a single public Internet site.
(e) Reporting.--
(1) In general.--The Secretary shall prepare an
annual report on the implementation of this section,
which, at a minimum, shall include for each district of
the Corps of Engineers that accepts funds under this
section--
(A) a comprehensive list of any funds
accepted under this section during the previous
fiscal year;
(B) a comprehensive list of the permits
reviewed and approved using funds accepted
under this section during the previous fiscal
year, including a description of the size and
type of resources impacted and the mitigation
required for each permit; and
(C) a description of the training offered in
the previous fiscal year for employees that is
funded in whole or in part with funds accepted
under this section.
(2) Submission.--Not later than 90 days after the end
of each fiscal year, the Secretary shall--
(A) submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives the annual
report described in paragraph (1); and
(B) make each report received under
subparagraph (A) available on a single publicly
accessible Internet site.
* * * * * * *
[SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING.
[(a) Dredged Material Marketing.--
[(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish a program to allow the direct marketing of
dredged material to public agencies and private
entities.
[(2) Limitations.--The Secretary shall not establish
the program under paragraph (1) unless the Secretary
determines that the program is in the interest of the
United States and is economically justified, equitable,
and environmentally acceptable.
[(3) Regional responsibility.--The program described
in paragraph (1) may authorize each of the 8 division
offices of the Corps of Engineers to market to public
agencies and private entities any dredged material from
projects under the jurisdiction of the regional office.
Any revenues generated from any sale of dredged
material to such entities shall be deposited in the
United States Treasury.
[(4) Reports.--Not later than 180 days after the date
of enactment of this Act, and annually thereafter for a
period of 4 years, the Secretary shall transmit to
Congress a report on the program established under
paragraph (1).
[(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $2,000,000 for each fiscal year.
[(b) Dredged Material Recycling.--
[(1) Pilot program.--The Secretary shall conduct a
pilot program to provide incentives for the removal of
dredged material from confined disposal facilities
associated with Corps of Engineer navigation projects
for the purpose of recycling the dredged material and
extending the life of the confined disposal facilities.
[(2) Report.--Not later than 90 days after the date
of completion of the pilot program, the Secretary shall
transmit to Congress a report on the results of the
program.
[(3) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $2,000,000, except that not to exceed
$1,000,000 may be expended with respect to any
project.]
SEC. 215. RESERVOIR SEDIMENT.
(a) In General.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016 and
after providing public notice, the Secretary shall establish,
using available funds, a pilot program to accept services
provided by a non-Federal interest or commercial entity for
removal of sediment captured behind a dam owned or operated by
the United States and under the jurisdiction of the Secretary
for the purpose of restoring the authorized storage capacity of
the project concerned.
(b) Requirements.--In carrying out this section, the
Secretary shall--
(1) review the services of the non-Federal interest
or commercial entity to ensure that the services are
consistent with the authorized purposes of the project
concerned;
(2) ensure that the non-Federal interest or
commercial entity will indemnify the United States for,
or has entered into an agreement approved by the
Secretary to address, any adverse impact to the dam as
a result of such services;
(3) require the non-Federal interest or commercial
entity, prior to initiating the services and upon
completion of the services, to conduct sediment surveys
to determine the pre- and post-services sediment
profile and sediment quality; and
(4) limit the number of dams for which services are
accepted to 10.
(c) Limitation.--
(1) In general.--The Secretary may not accept
services under subsection (a) if the Secretary, after
consultation with the Chief of Engineers, determines
that accepting the services is not advantageous to the
United States.
(2) Report to congress.--If the Secretary makes a
determination under paragraph (1), the Secretary shall
provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
written notice describing the reasoning for the
determination.
(d) Disposition of Removed Sediment.--In exchange for
providing services under subsection (a), a non-Federal interest
or commercial entity is authorized to retain, use, recycle,
sell, or otherwise dispose of any sediment removed in
connection with the services and the Corps of Engineers may not
seek any compensation for the value of the sediment.
(e) Congressional Notification.--Prior to accepting services
provided by a non-Federal interest or commercial entity under
this section, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate written notice of the acceptance of the
services.
(f) Report to Congress.--Upon completion of services at the
10 dams allowed under subsection (b)(4), the Secretary shall
make publicly available and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report documenting the results of the
services.
* * * * * * *
SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
(a) Findings.--Congress finds that--
(1) the Great Lakes comprise a nationally and
internationally significant fishery and ecosystem;
(2) the Great Lakes fishery and ecosystem should be
developed and enhanced in a coordinated manner; and
(3) the Great Lakes fishery and ecosystem provides a
diversity of opportunities, experiences, and beneficial
uses.
(b) Definitions.--In this section, the following definitions
apply:
(1) Great lake.--
(A) In general.--The term ``Great Lake''
means Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake
Ontario (including the St. Lawrence River to
the 45th parallel of latitude).
(B) Inclusions.--The term ``Great Lake''
includes any connecting channel, historically
connected tributary, and basin of a lake
specified in subparagraph (A).
(2) Great lakes commission.--The term ``Great Lakes
Commission'' means the Great Lakes Commission
established by the Great Lakes Basin Compact (82 Stat.
414).
(3) Great lakes fishery commission.--The term ``Great
Lakes Fishery Commission'' has the meaning given the
term ``Commission'' in section 2 of the Great Lakes
Fishery Act of 1956 (16 U.S.C. 931).
(4) Great lakes state.--The term ``Great Lakes
State'' means each of the States of Illinois, Indiana,
Michigan, Minnesota, Ohio, Pennsylvania, New York, and
Wisconsin.
(c) Great Lakes Fishery and Ecosystem Restoration.--
(1) Support plan.--
(A) In general.--Not later than 1 year after
December 11, 2000, the Secretary shall develop
a plan for activities of the Corps of Engineers
that support the management of Great Lakes
fisheries.
(B) Use of existing documents.--To the
maximum extent practicable, the plan shall make
use of and incorporate documents that relate to
the Great Lakes and are in existence on
December 11, 2000, such as lakewide management
plans and remedial action plans.
(C) Cooperation.--The Secretary shall develop
the plan in cooperation with--
(i) the signatories to the Joint
Strategic Plan for Management of the
Great Lakes Fisheries; and
(ii) other affected interests.
(2) Reconnaissance studies.--Before planning,
designing, or constructing a project under paragraph
(3), the Secretary shall carry out a reconnaissance
study--
(A) to identify methods of restoring the
fishery, ecosystem, and beneficial uses of the
Great Lakes; and
(B) to determine whether planning of a
project under paragraph (3) should proceed.
(3) Projects.--The Secretary shall plan, design, and
construct projects to support the restoration of the
fishery, ecosystem, and beneficial uses of the Great
Lakes.
(4) Evaluation program.--
(A) In general.--The Secretary shall develop
a program to evaluate the success of the
projects carried out under paragraph (3) in
meeting fishery and ecosystem restoration
goals.
(B) Studies.--Evaluations under subparagraph
(A) shall be conducted in consultation with the
Great Lakes Fishery Commission and appropriate
Federal, State, and local agencies.
(d) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into a cooperative agreement with the
Great Lakes Commission or any other agency established to
facilitate active State participation in management of the
Great Lakes.
(e) Relationship to Other Great Lakes Activities.--No
activity under this section shall affect the date of completion
of any other activity relating to the Great Lakes that is
authorized under other law.
(f) Cost Sharing.--
(1) Development of plan.--The Federal share of the
cost of development of the plan under subsection (c)(1)
of this section shall be 65 percent.
(2) Project planning, design, construction, and
evaluation.--Except for reconnaissance studies, the
Federal share of the cost of planning, design,
construction, and evaluation of a project under
paragraph (3) or (4) of subsection (c) of this section
shall be 65 percent.
(3) Non-federal share.--
(A) Credit for land, easements, and rights-
of-way.--The Secretary shall credit the non-
Federal interest for the value of any land,
easement, right-of-way, dredged material
disposal area, or relocation provided for
carrying out a project under subsection (c)(3).
(B) Form.--The non-Federal interest may
provide up to 100 percent of the non-Federal
share required under paragraphs (1) and (2) in
the form of services, materials, supplies, or
other in-kind contributions.
(4) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
projects carried out under this section shall be a non-
Federal responsibility.
(5) Non-federal interests.--In accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b), for any project carried out under this
section, a non-Federal interest may include a private
interest and a nonprofit entity.
[(g) Authorization of Appropriations.--
[(1) Development of plan.--There is authorized to be
appropriated for development of the plan under
subsection (c)(1) of this section $300,000.
[(2) Other activities.--There is authorized to be
appropriated to carry out paragraphs (2) and (3) of
subsection (c) of this section $100,000,000.]
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 1986
* * * * * * *
TITLE II--HARBOR DEVELOPMENT
* * * * * * *
SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
(a) Submission to Secretary.--
(1) In general.--A non-Federal interest may undertake
a feasibility study of a proposed water resources
development project and submit the study to the
Secretary.
(2) Guidelines.--To assist non-Federal interests, the
Secretary, as soon as practicable, shall issue
guidelines for feasibility studies of water resources
development projects to provide sufficient information
for the formulation of the studies.
(b) Review by Secretary.--The Secretary shall review each
feasibility study received under subsection (a)(1) for the
purpose of determining whether or not the study, and the
process under which the study was developed, each comply with
Federal laws and regulations applicable to feasibility studies
of water resources development projects.
(c) Submission to Congress.--Not later than 180 days after
the date of receipt of a feasibility study of a project under
subsection (a)(1), the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that describes--
(1) the results of the Secretary's review of the
study under subsection (b), including a determination
of whether the project is feasible;
(2) any recommendations the Secretary may have
concerning the plan or design of the project; and
(3) any conditions the Secretary may require for
construction of the project.
(d) Credit.--If a project for which a feasibility study has
been submitted under subsection (a)(1) is authorized by a
Federal law enacted after the date of the submission to
Congress under subsection (c), the Secretary shall credit
toward the non-Federal share of the cost of construction of the
project an amount equal to the portion of the cost of
developing the study that would have been the responsibility of
the United States if the study had been developed by the
Secretary.
(e) Technical Assistance.--At the request of a non-Federal
interest, the Secretary may provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility
study if the non-Federal interest contracts with the Secretary
to pay all costs of providing such technical assistance.
SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) Water Resources Development Project Defined.--In this
section, the term ``water resources development project'' means
a project recommendation that results from--
(1) a feasibility report, as such term is defined in
section 7001(f) of the Water Resources Reform and
Development Act of 2014;
(2) a completed feasibility study developed under
section 203; or
(3) a final feasibility study for water resources
development and conservation and other purposes that is
specifically authorized by Congress to be carried out
by the Secretary.
(b) Authority.--
(1) In general.--A non-Federal interest may carry out
a water resources development project, or separable
element thereof--
(A) in accordance with a plan approved by the
Secretary for the project or separable element;
and
(B) subject to any conditions that the
Secretary may require, including any conditions
specified under section 203(c)(3).
(2) Conditions.--Before carrying out a water
resources development project, or separable element
thereof, under this section, a non-Federal interest
shall--
(A) obtain any permit or approval required in
connection with the project or separable
element under Federal or State law; and
(B) ensure that a final environmental impact
statement or environmental assessment, as
appropriate, for the project or separable
element has been filed.
(c) Studies and Engineering.--When requested by an
appropriate non-Federal interest, the Secretary may undertake
all necessary studies and engineering for any construction to
be undertaken under subsection (b), and provide technical
assistance in obtaining all necessary permits for the
construction, if the non-Federal interest contracts with the
Secretary to furnish the United States funds for the studies,
engineering, or technical assistance in the period during which
the studies and engineering are being conducted.
(d) Credit or Reimbursement.--
(1) General rule.--Subject to paragraph (3), a
project or separable element of a project carried out
by a non-Federal interest under this section shall be
eligible for credit or reimbursement for the Federal
share of work carried out on a project or separable
element of a project if--
(A) before initiation of construction of the
project or separable element--
(i) the Secretary approves the plans
for construction of the project or
separable element of the project by the
non-Federal interest;
(ii) the Secretary determines, before
approval of the plans, that the project
or separable element of the project is
feasible; and
(iii) the non-Federal interest enters
into a written agreement with the
Secretary under section 221 of the
Flood Control Act of 1970 (42 U.S.C.
1962d-5b), including an agreement to
pay the non-Federal share, if any, of
the cost of operation and maintenance
of the project; and
(B) the Secretary determines that all Federal
laws and regulations applicable to the
construction of a water resources development
project, and any conditions identified under
subsection (b)(1)(B), were complied with by the
non-Federal interest during construction of the
project or separable element of the project.
(2) Application of credit.--The Secretary may apply
credit toward--
(A) the non-Federal share of authorized
separable elements of the same project; or
(B) subject to the requirements of this
section and section 1020 of the Water Resources
Reform and Development Act of 2014, at the
request of the non-Federal interest, the non-
Federal share of a different water resources
development project.
(3) Requirements.--The Secretary may only apply
credit or provide reimbursement under paragraph (1)
if--
(A) Congress has authorized construction of
the project or separable element of the
project; and
(B) the Secretary certifies that the project
has been constructed in accordance with--
(i) all applicable permits or
approvals; and
(ii) this section.
(4) Monitoring.--The Secretary shall regularly
monitor and audit any water resources development
project, or separable element of a water resources
development project, constructed by a non-Federal
interest under this section to ensure that--
(A) the construction is carried out in
compliance with the requirements of this
section; and
(B) the costs of the construction are
reasonable.
(5) Discrete segments.--
(A) In general.--The Secretary may authorize
credit or reimbursement under this subsection
for a discrete segment of a flood damage
reduction project, or separable element
thereof, before final completion of the project
or separable element if--
(i) except as provided in clause
(ii), the Secretary determines that the
discrete segment satisfies the
requirements of paragraphs (1) through
(4) in the same manner as the project
or separable element; and
(ii) notwithstanding paragraph
(1)(A)(ii), the Secretary determines,
before the approval of the plans under
paragraph (1)(A)(i), that the discrete
segment is technically feasible and
environmentally acceptable.
(B) Determination.--Credit or reimbursement
may not be made available to a non-Federal
interest pursuant to this paragraph until the
Secretary determines that--
(i) the construction of the discrete
segment for which credit or
reimbursement is requested is complete;
and
(ii) the construction is consistent
with the authorization of the
applicable flood damage reduction
project, or separable element thereof,
and the plans approved under paragraph
(1)(A)(i).
(C) Written agreement.--
(i) In general.--As part of the
written agreement required under
paragraph (1)(A)(iii), a non-Federal
interest to be eligible for credit or
reimbursement under this paragraph
shall--
(I) identify any discrete
segment that the non-Federal
interest may carry out; and
(II) agree to the completion
of the flood damage reduction
project, or separable element
thereof, with respect to which
the discrete segment is a part
and establish a timeframe for
such completion.
(ii) Remittance.--If a non-Federal
interest fails to complete a flood
damage reduction project, or separable
element thereof, that it agreed to
complete under clause (i)(II), the non-
Federal interest shall remit any
reimbursements received under this
paragraph for a discrete segment of
such project or separable element.
(D) Discrete segment defined.--In this
paragraph, the term ``discrete segment'' means
a physical portion of a flood damage reduction
project, or separable element thereof--
(i) described by a non-Federal
interest in a written agreement
required under paragraph (1)(A)(iii);
and
(ii) that the non-Federal interest
can operate and maintain, independently
and without creating a hazard, in
advance of final completion of the
flood damage reduction project, or
separable element thereof.
(e) Notification of Committees.--If a non-Federal interest
notifies the Secretary that the non-Federal interest intends to
carry out a project, or separable element thereof, under this
section, the Secretary shall provide written notice to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal
interest.
(f) Operation and Maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible for
operation and maintenance in accordance with section 101(b)
if--
(1) before construction of the improvements--
(A) the Secretary determines that the
improvements are feasible and consistent with
the purposes of this title; and
(B) the Secretary and the non-Federal
interest execute a written agreement relating
to operation and maintenance of the
improvements;
(2) the Secretary certifies that the project or
separable element of the project is constructed in
accordance with applicable permits and appropriate
engineering and design standards; and
(3) the Secretary does not find that the project or
separable element is no longer feasible.
* * * * * * *
SEC. 210. [AUTHORIZATION OF APPROPRIATIONS] FUNDING FOR HARBOR
NAVIGATION.
(a) Trust Fund.--There are authorized to be appropriated out
of the Harbor Maintenance Trust Fund, established by section
9505 of the Internal Revenue Code of 1954, for each fiscal year
such sums as may be necessary to pay--
(1) 100 percent of the eligible operations and
maintenance costs of those portions of the Saint
Lawrence Seaway operated and maintained by the Saint
Lawrence Seaway Development Corporation for such fiscal
year; and
(2) up to 100 percent of the eligible operations and
maintenance costs assigned to commercial navigation of
all harbors and inland harbors within the United
States.
(b) General Fund.--There are authorized to be appropriated
out of the general fund of the Treasury of the United States
for each fiscal year such sums as may be necessary to pay the
balance of all eligible operations and maintenance costs not
provided by payments from the Harbor Maintenance Trust Fund
under this section.
(c) Use of Collected Funds in Fiscal Year 2027 and
Thereafter.--
(1) Use of funds.--In addition to the amounts
appropriated under subsections (a) and (b), there shall
be available to the Secretary, out of the Harbor
Maintenance Trust Fund, without further appropriation,
for fiscal year 2027 and each fiscal year thereafter,
such sums as may be necessary to carry out the purposes
of subsection (a)(2).
(2) Availability of amounts.--Amounts made available
under this subsection shall remain available until
expended.
[(c)] (d) Operation and Maintenance of Harbor Projects.--
(1) In general.--To the maximum extent practicable,
the Secretary shall make expenditures to pay for
operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2),
including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland
harbors.
(2) Criteria.--
(A) In general.--In determining an equitable
allocation of funds under paragraph (1), the
Secretary shall--
(i) consider the information obtained
in the assessment conducted under
[subsection (e)] subsection (f);
(ii) consider the national and
regional significance of harbor
operations and maintenance; and
(iii) as appropriate, consider
national security and military
readiness needs.
(B) Limitation.--The Secretary shall not
allocate funds under paragraph (1) based solely
on the tonnage transiting through a harbor.
(3) Emerging harbor projects.--Notwithstanding any
other provision of this subsection, in making
expenditures under paragraph (1) [for each of fiscal
years 2015 through 2022] for each fiscal year, the
Secretary shall allocate for operation and maintenance
costs of emerging harbor projects an amount that is not
less than 10 percent of the funds made available under
this section for fiscal year 2012 to pay the costs
described in subsection (a)(2).
(4) Management of great lakes navigation system.--To
sustain effective and efficient operation and
maintenance of the Great Lakes Navigation System,
including any navigation feature in the Great Lakes
that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage
all of the individually authorized projects in the
Great Lakes Navigation System as components of a
single, comprehensive system, recognizing the
interdependence of the projects.
[(d)] (e) Prioritization.--
(1) Priority.--
(A) In general.--[For each of fiscal years
2015 through 2024] For each fiscal year, if
priority funds are available, the Secretary
shall use the priority funds as follows:
(i) [90] Not more than 90 percent of
the priority funds shall be used for
high- and moderate-use harbor projects.
(ii) [10] At least 10 percent of the
priority funds shall be used for
emerging harbor projects.
(B) Additional considerations.--For each of
fiscal years 2015 through 2024, of the priority
funds available, the Secretary shall use--
(i) not less than 5 percent of such
funds for underserved harbor projects;
and
(ii) not less than 10 percent of such
funds for projects that are located
within the Great Lakes Navigation
System.
(C) Underserved harbors.--In determining
which underserved harbor projects shall receive
funds under this paragraph, the Secretary shall
consider--
(i) the total quantity of commerce
supported by the water body on which
the project is located; and
(ii) the minimum width and depth
that--
(I) would be necessary at the
underserved harbor project to
provide sufficient clearance
for fully loaded commercial
vessels using the underserved
harbor project to maneuver
safely; and
(II) does not exceed the
constructed width and depth of
the authorized navigation
project.
(2) Expanded uses.--
(A) Definition of eligible harbor or inland
harbor defined.--In this paragraph, the term
``eligible harbor or inland harbor'' means a
harbor or inland harbor at which the total
amount of harbor maintenance taxes collected in
the immediately preceding 3 fiscal years
exceeds the value of the work carried out for
the harbor or inland harbor using amounts from
the Harbor Maintenance Trust Fund during those
3 fiscal years.
(B) Use of expanded uses funds.--
(i) Fiscal years 2015 through 2024.--
For each of fiscal years 2015 through
2024, of the priority funds available,
the Secretary shall use not less than
10 percent of such funds for expanded
uses carried out at an eligible harbor
or inland harbor.
(ii) Subsequent fiscal years.--For
fiscal year 2025 and each fiscal year
thereafter, the Secretary shall use not
less than 10 percent of the priority
funds available for expanded uses
carried out at an eligible harbor or
inland harbor.
(C) Prioritization.--In allocating funds
under this paragraph, the Secretary shall give
priority to projects at eligible harbors or
inland harbors for which the difference,
calculated in dollars, is greatest between--
(i) the total amount of funding made
available for projects at that eligible
harbor or inland harbor from the Harbor
Maintenance Trust Fund in the
immediately preceding 3 fiscal years;
and
(ii) the total amount of harbor
maintenance taxes collected at that
harbor or inland harbor in the
immediately preceding 3 fiscal years.
(3) Remaining funds.--
(A) In general.--For each of fiscal years
2015 through 2024, if after fully funding all
projects eligible for funding under paragraphs
(1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain
unobligated, the Secretary shall use those
remaining funds to pay for operation and
maintenance costs of any harbor or inland
harbor referred to in subsection (a)(2) based
on an equitable allocation of those funds among
the harbors and inland harbors.
(B) Criteria.--In determining an equitable
allocation of funds under subparagraph (A), the
Secretary shall--
(i) use the criteria specified in
[subsection (c)(2)(A)] subsection
(d)(2)(A); and
(ii) make amounts available in
accordance with the requirements of
paragraph (1)(A).
(4) Emergency expenditures.--Nothing in this
subsection prohibits the Secretary from making an
expenditure to pay for the operation and maintenance
costs of a specific harbor or inland harbor, including
the transfer of funding from the operation and
maintenance of a separate project, if--
(A) the Secretary determines that the action
is necessary to address the navigation needs of
a harbor or inland harbor where safe navigation
has been severely restricted due to an
unforeseen event; and
(B) the Secretary provides within 90 days of
the action notice and information on the need
for the action to the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives.
[(e)] (f) Assessment of Harbors and Inland Harbors.--
(1) In general.--Not later than 270 days after the
date of enactment of this subsection, and biennially
thereafter, the Secretary shall assess the operation
and maintenance needs and uses of the harbors and
inland harbors referred to in subsection (a)(2).
(2) Assessment of harbor needs and activities.--
(A) Total operation and maintenance needs of
harbors.--In carrying out paragraph (1), the
Secretary shall identify--
(i) the total future costs required
to achieve and maintain the constructed
width and depth for the harbors and
inland harbors referred to in
subsection (a)(2); and
(ii) the total expected costs for
expanded uses at eligible harbors or
inland harbors referred to in
[subsection (d)(2)] subsection (e)(2).
(B) Uses of harbors and inland harbors.--In
carrying out paragraph (1), the Secretary shall
identify current uses (and, to the extent
practicable, assess the national, regional, and
local benefits of such uses) of harbors and
inland harbors referred to in subsection
(a)(2), including the use of those harbors
for--
(i) commercial navigation, including
the movement of goods;
(ii) domestic trade;
(iii) international trade;
(iv) commercial fishing;
(v) subsistence, including use by
Indian tribes (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b)) for subsistence and ceremonial
purposes;
(vi) use as a harbor of refuge;
(vii) transportation of persons;
(viii) purposes relating to domestic
energy production, including the
fabrication, servicing, or supply of
domestic offshore energy production
facilities;
(ix) activities of the Secretary of
the department in which the Coast Guard
is operating;
(x) activities of the Secretary of
the Navy;
(xi) public health and safety related
equipment for responding to coastal and
inland emergencies;
(xii) recreation purposes; and
(xiii) other authorized purposes.
(3) Report to congress.--
(A) In general.--For fiscal year 2016, and
biennially thereafter, in conjunction with the
President's annual budget submission to
Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit
to the Committee on Environment and Public
Works and the Committee on Appropriations of
the Senate and the Committee on Transportation
and Infrastructure and the Committee on
Appropriations of the House of Representatives
a report that, with respect to harbors and
inland harbors referred to in subsection
(a)(2)--
(i) identifies the operation and
maintenance costs associated with the
harbors and inland harbors, including
those costs required to achieve and
maintain the constructed width and
depth for the harbors and inland
harbors and the costs for expanded uses
at eligible harbors and inland harbors,
on a project-by-project basis;
(ii) identifies the amount of funding
requested in the President's budget for
the operation and maintenance costs
associated with the harbors and inland
harbors, on a project-by-project basis;
(iii) identifies the unmet operation
and maintenance needs associated with
the harbors and inland harbors, on a
project-by-project basis; and
(iv) identifies the harbors and
inland harbors for which the President
will allocate funding over the
subsequent 5 fiscal years for operation
and maintenance activities, on a
project-by-project basis, including the
amounts to be allocated for such
purposes.
(B) Public availability.--The Secretary shall
make the report submitted under subparagraph
(A) available to the public, including on the
Internet.
[(f)] (g) Definitions.--In this section:
(1) Constructed width and depth.--The term
``constructed width and depth'' means the width and
depth to which a project has been constructed, which
may not exceed the authorized width and depth of the
project.
(2) Emerging harbor project.--The term ``emerging
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits less than 1,000,000 tons of cargo
annually.
(3) Expanded uses.--The term ``expanded uses'' means
the following activities:
(A) The maintenance dredging of a berth in a
harbor that is accessible to a Federal
navigation project and that benefits commercial
navigation at the harbor.
(B) The maintenance dredging and disposal of
legacy-contaminated sediment, and sediment
unsuitable for open water disposal, if--
(i) such dredging and disposal
benefits commercial navigation at the
harbor; and
(ii) such sediment is located in and
affects the maintenance of a Federal
navigation project or is located in a
berth that is accessible to a Federal
navigation project.
(4) Great lakes navigation system.--The term ``Great
Lakes Navigation System'' includes--
(A)(i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes
referred to in subparagraph (A) used for
commercial navigation;
(C) any navigation features in the lakes
referred to in subparagraph (A) or waters
described in subparagraph (B) that are a
Federal operation or maintenance
responsibility; and
(D) areas of the Saint Lawrence River that
are operated or maintained by the Federal
Government for commercial navigation.
(5) Harbor maintenance tax.--The term ``harbor
maintenance tax'' means the amounts collected under
section 4461 of the Internal Revenue Code of 1986.
(6) High-use harbor project.--The term ``high-use
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits not less than 10,000,000 tons of
cargo annually.
(7) Moderate-use harbor project.--The term
``moderate-use harbor project'' means a project that is
assigned to a harbor or inland harbor referred to in
subsection (a)(2) that transits annually--
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds.--The term ``priority funds''
means the difference between--
(A) the total funds that are made available
under this section to pay the costs described
in subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this
section to pay the costs described in
subsection (a)(2) in fiscal year 2012.
(9) Underserved harbor project.--
(A) In general.--The term ``underserved
harbor project'' means a project that is
assigned to a harbor or inland harbor referred
to in subsection (a)(2)--
(i) that is a moderate-use harbor
project or an emerging harbor project;
(ii) that has been maintained at less
than the constructed width and depth of
the project during each of the
preceding 6 fiscal years; and
(iii) for which State and local
investments in infrastructure have been
made at those projects during the
preceding 6 fiscal years.
(B) Administration.--For purposes of this
paragraph, State and local investments in
infrastructure shall include infrastructure
investments made using amounts made available
for activities under section 105(a)(9) of the
Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)).
* * * * * * *
TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS
* * * * * * *
SEC. 1156. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN
TRIBES.
(a) In general.--The Secretary shall waive local cost-sharing
requirements up to $200,000 for all studies and [projects in
American] projects--
(1) in American Samoa, Guam, the Northern Mariana
Islands, the Virgin Islands, Puerto Rico, and the Trust
Territory of the Pacific Islands[.]; and
(2) for a federally recognized Indian tribe.
(b) Inflation Adjustment.--The Secretary shall adjust the
dollar amount specified in subsection (a) for inflation for the
period beginning on November 17, 1986, and ending on the date
of enactment of this subsection.
* * * * * * *
----------
WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014
* * * * * * *
TITLE I--PROGRAM REFORMS AND STREAMLINING
* * * * * * *
SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.
(a) Requests for Credits.--With respect to an authorized
flood damage reduction project, or separable element thereof,
[that has been constructed by a non-Federal interest under
section 211 of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) before the date of enactment of this Act] for
which a written agreement with the Corps of Engineers for
construction was finalized on or before December 31, 2014,
under section 211 of the Water Resources Development Act of
1996 (33 U.S.C. 701b-13), the Secretary may provide to the non-
Federal interest, at the request of the non-Federal interest, a
credit in an amount equal to the estimated Federal share of the
cost of the project or separable element, in lieu of providing
to the non-Federal interest a reimbursement in that amount.
(b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply such credit to the
[share of the cost of the non-Federal interest of carrying out
other flood damage reduction projects or studies] non-Federal
share of the cost of carrying out other water resources
development projects or studies of the non-Federal interest.
* * * * * * *
SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES.
(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials and services contributed
by a non-Federal public entity, a nonprofit entity, or a
private entity for the purpose of repairing, restoring, or
replacing a water resources development project that has been
damaged or destroyed as a result of an emergency, or that has
had or may have an equipment failure (including a failure
caused by a lack of or deferred maintenance), if the Secretary
determines that the acceptance and use of such materials and
services is in the public interest.
(b) Limitation.--Any entity that contributes materials or
services under subsection (a) shall not be eligible for credit
or reimbursement for the value of such materials or services.
(c) Report.--Not later than 60 days after initiating an
activity under this section, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a description of the activities undertaken,
including the costs associated with the activities; and
(2) a comprehensive description of how the activities
are necessary for maintaining a safe and reliable water
resources project.
* * * * * * *
TITLE II--NAVIGATION
* * * * * * *
Subtitle B--Port and Harbor Maintenance
* * * * * * *
SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.
(a) In General.--The Secretary may provide technical
assistance to non-Federal public entities, including Indian
tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act [(25 U.S.C. 450b))]
(25 U.S.C. 450b)) and Native villages, Regional Corporations,
and Village Corporations (as those terms are defined in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)),
for the development, construction, operation, and maintenance
of channels, harbors, and related infrastructure associated
with deep draft ports for purposes of dealing with Arctic
development and security needs.
(b) Acceptance of Funds.--The Secretary is authorized to
accept and expend funds provided by non-Federal public
entities, including Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act [(25
U.S.C. 450b))] (25 U.S.C. 450b)) and Native villages, Regional
Corporations, and Village Corporations (as those terms are
defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602)), to carry out the technical assistance
activities described in subsection (a).
(c) Limitation.--No assistance may be provided under this
section until after the date on which the entity to which that
assistance is to be provided enters into a written agreement
with the Secretary that includes such terms and conditions as
the Secretary determines to be appropriate and in the public
interest.
(d) Consideration of National Security Interests.--In
carrying out a study of the feasibility of an Arctic deep draft
port, the Secretary shall consult with the Secretary of
Homeland Security and the Secretary of Defense to identify
national security benefits associated with the Arctic deep
draft port.
[(d)] (e) Prioritization.--The Secretary shall prioritize
technical assistance provided under this section for Arctic
deep draft ports identified by the Secretary, the Secretary of
Homeland Security, and the Secretary of Defense as important
for Arctic development and security.
SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
PORTS.
(a) Definitions.--In this section:
(1) Cargo container.--The term ``cargo container''
means a cargo container that is 1 Twenty-foot
Equivalent Unit.
(2) Donor port.--The term ``donor port'' means a
port--
(A) that is subject to the harbor maintenance
fee under section 24.24 of title 19, Code of
Federal Regulations (or a successor
regulation);
(B) at which the total amount of harbor
maintenance taxes collected comprise not less
than [$15,000,000] $5,000,000 annually of the
total funding of the Harbor Maintenance Trust
Fund established under section 9505 of the
Internal Revenue Code of 1986;
(C) that received less than 25 percent of the
total amount of harbor maintenance taxes
collected at that port in the previous 5 fiscal
years; and
(D) that is located in a State in which more
than 2,000,000 cargo containers were unloaded
from or loaded on to vessels in fiscal year
2012.
(3) Energy commodity.--The term ``energy commodity''
includes--
(A) petroleum products;
(B) natural gas;
(C) coal;
(D) wind and solar energy components; and
(E) biofuels.
(4) Energy transfer port.--The term ``energy transfer
port'' means a port--
(A) that is subject to the harbor maintenance
fee under section 24.24 of title 19, [Code of
Federal Regulation] Code of Federal Regulations
(or any successor regulation); and
(B)(i) at which energy commodities comprised
greater than 25 percent of all commercial
activity by tonnage in fiscal year 2012; and
(ii) through which more than
40,000,000 tons of cargo were
transported in fiscal year 2012.
(5) Expanded uses.--The term ``expanded uses'' has
the meaning given the term in section 210(f) of the
Water Resources Development Act of 1986 (33 U.S.C.
2238(f)).
(6) Harbor maintenance tax.--The term ``harbor
maintenance tax'' has the meaning given the term in
section 210(f) of the Water Resources Development Act
of 1986 (33 U.S.C. 2238(f)).
(b) Authority.--
(1) In general.--Subject to the availability of
appropriations, the Secretary may provide to donor
ports and energy transfer ports amounts in accordance
with this section.
(2) Limitations.--Amounts provided under this
section--
(A) for energy transfer ports shall be
divided equally among all States with an energy
transfer port; and
(B) shall be made available to a port as
either a donor port or an energy transfer port
and no port may receive amounts as both a donor
port and an energy transfer port.
(c) Use of Funds.--Amounts provided under this section may be
used by a donor port or an energy transfer port--
(1) to provide payments to importers entering cargo
or shippers transporting cargo through that port, as
calculated by U.S. Customs and Border Protection
according to the amount of harbor maintenance taxes
collected;
(2) for expanded uses; or
(3) for environmental remediation related to dredging
berths and Federal navigation channels.
(d) Administration of Payments.--If a donor port or an energy
transfer port elects to provide payments to importers or
shippers under subsection (c), the Secretary shall transfer the
amount that would otherwise be provided to the port under this
section that is equal to those payments to the Commissioner of
U.S. Customs and Border Protection to provide the payments to
the importers or shippers.
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, the Secretary shall
assess the impact of the authority provided by this
section and submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives and make publicly available a report on
the results of that assessment, including any
recommendations for amending or reauthorizing the
authority.
(2) Factors.--In carrying out the assessment under
paragraph (1), the Secretary shall assess--
(A) the impact of the amounts provided and
used under this section on those ports that
received funds under this section; and
(B) any impact on domestic harbors and ports
that did not receive funds under this section.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 for
each of fiscal years 2015 through [2018] 2020.
(2) Division between donor ports and energy transfer
ports.--For each fiscal year, amounts made available to
carry out this section shall be provided in equal
amounts to donor ports and energy transfer ports.
(3) Additional appropriations.--If the target total
budget resources under subparagraphs (A) through (D) of
section 2101(b)(1) are met for each of fiscal years
[2015 through 2018] 2016 through 2020, there is
authorized to be appropriated to carry out this section
$50,000,000 for each of fiscal years [2019 through
2022] 2021 through 2025.
* * * * * * *
TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION
* * * * * * *
SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
(a) Assessment and Inventory.--Not later than 1 year after
[the date of enactment of this Act] the date of enactment of
the Water Resources Development Act of 2016, the Secretary
shall conduct an assessment of all properties under the control
of the Corps of Engineers and develop an inventory of the
properties that are not needed for the missions of the Corps of
Engineers.
(b) Criteria.--In conducting the assessment and developing
the inventory under subsection (a), the Secretary shall use the
following criteria:
(1) The extent to which the property aligns with the
current missions of the Corps of Engineers.
(2) The economic impact of the property on existing
communities in the vicinity of the property.
(3) The extent to which the utilization rate for the
property is being maximized and is consistent with
nongovernmental industry standards for the given
function or operation.
(4) The extent to which the reduction or elimination
of the property could reduce operation and maintenance
costs of the Corps of Engineers.
(5) The extent to which the reduction or elimination
of the property could reduce energy consumption by the
Corps of Engineers.
(6) The extent to which the property has economic,
cultural, historic, or recreational significance, or
impacts at the national, State, or local level.
(c) Notification.--As soon as practicable following
completion of the inventory of properties under subsection (a),
the Secretary shall provide the inventory to the Administrator
of General Services.
(d) Report to Congress.--Not later than 30 days after the
date of the notification under subsection (c), the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make
publicly available a report containing the findings of the
Secretary with respect to the assessment and inventory required
under subsection (a).
* * * * * * *
TITLE VII--WATER RESOURCES INFRASTRUCTURE
SEC. 7001. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives an annual report, to be entitled ``Report to
Congress on Future Water Resources Development'', that
identifies the following:
(1) Feasibility reports.--Each feasibility report
that meets the criteria established in subsection
(c)(1)(A).
(2) Proposed feasibility studies.--Any proposed
feasibility study submitted to the Secretary by a non-
Federal interest pursuant to subsection (b) that meets
the criteria established in subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed
modification to an authorized water resources
development project or feasibility study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-
Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for
authorization.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year,
the Secretary shall publish in the Federal Register a
notice requesting proposals from non-Federal interests
for proposed feasibility studies and proposed
modifications to authorized water resources development
projects and feasibility studies to be included in the
annual report.
(2) Deadline for requests.--The Secretary shall
include in each notice required by this subsection a
requirement that non-Federal interests submit to the
Secretary any proposals described in paragraph (1) by
not later than 120 days after the date of publication
of the notice in the Federal Register in order for the
proposals to be considered for inclusion in the annual
report.
(3) Notification.--On the date of publication of each
notice required by this subsection, the Secretary
shall--
(A) make the notice publicly available,
including on the Internet; and
(B) provide written notification of the
publication to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives.
(c) Contents.--
(1) Feasibility reports, proposed feasibility
studies, and proposed modifications.--
(A) Criteria for inclusion in report.--The
Secretary shall include in the annual report
only those feasibility reports, proposed
feasibility studies, and proposed modifications
to authorized water resources development
projects and feasibility studies that--
(i) are related to the missions and
authorities of the Corps of Engineers;
(ii) require specific congressional
authorization, including by an Act of
Congress;
(iii) have not been congressionally
authorized;
(iv) have not been included in any
previous annual report; and
(v) if authorized, could be carried
out by the Corps of Engineers.
(B) Description of benefits.--
(i) Description.--The Secretary shall
describe in the annual report, to the
extent applicable and practicable, for
each proposed feasibility study and
proposed modification to an authorized
water resources development project or
feasibility study included in the
annual report, the benefits, as
described in clause (ii), of each such
study or proposed modification
(including the water resources
development project that is the subject
of the proposed feasibility study or
the proposed modification to an
authorized feasibility study).
(ii) Benefits.--The benefits (or
expected benefits, in the case of a
proposed feasibility study) described
in this clause are benefits to--
(I) the protection of human
life and property;
(II) improvement to
transportation;
(III) the national economy;
(IV) the environment; or
(V) the national security
interests of the United States.
(C) Identification of other factors.--The
Secretary shall identify in the annual report,
to the extent practicable--
(i) for each proposed feasibility
study included in the annual report,
the non-Federal interest that submitted
the proposed feasibility study pursuant
to subsection (b); and
(ii) for each proposed feasibility
study and proposed modification to an
authorized water resources development
project or feasibility study included
in the annual report, whether the non-
Federal interest has demonstrated--
(I) that local support exists
for the proposed feasibility
study or proposed modification
to an authorized water
resources development project
or feasibility study (including
the water resources development
project that is the subject of
the proposed feasibility study
or the proposed modification to
an authorized feasibility
study); and
(II) the financial ability to
provide the required non-
Federal cost share.
(2) Transparency.--The Secretary shall include in the
annual report, for each feasibility report, proposed
feasibility study, and proposed modification to an
authorized water resources development project or
feasibility study included under paragraph (1)(A)--
(A) the name of the associated non-Federal
interest, including the name of any non-Federal
interest that has contributed, or is expected
to contribute, a non-Federal share of the cost
of--
(i) the feasibility report;
(ii) the proposed feasibility study;
(iii) the authorized feasibility
study for which the modification is
proposed; or
(iv) construction of--
(I) the water resources
development project that is the
subject of--
(aa) the feasibility
report;
(bb) the proposed
feasibility study; or
(cc) the authorized
feasibility study for
which a modification is
proposed; or
(II) the proposed
modification to an authorized
water resources development
project;
(B) a letter or statement of support for the
feasibility report, proposed feasibility study,
or proposed modification to an authorized water
resources development project or feasibility
study from each associated non-Federal
interest;
(C) the purpose of the feasibility report,
proposed feasibility study, or proposed
modification to an authorized water resources
development project or feasibility study;
(D) an estimate, to the extent practicable,
of the Federal, non-Federal, and total costs
of--
(i) the proposed modification to an
authorized feasibility study; and
(ii) construction of--
(I) the water resources
development project that is the
subject of--
(aa) the feasibility
report; or
(bb) the authorized
feasibility study for
which a modification is
proposed, with respect
to the change in costs
resulting from such
modification; or
(II) the proposed
modification to an authorized
water resources development
project; and
(E) an estimate, to the extent practicable,
of the monetary and nonmonetary benefits of--
(i) the water resources development
project that is the subject of--
(I) the feasibility report;
or
(II) the authorized
feasibility study for which a
modification is proposed, with
respect to the benefits of such
modification; or
(ii) the proposed modification to an
authorized water resources development
project.
(3) Certification.--The Secretary shall include in
the annual report a certification stating that each
feasibility report, proposed feasibility study, and
proposed modification to an authorized water resources
development project or feasibility study included in
the annual report meets the criteria established in
paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the
annual report an appendix listing the proposals
submitted under subsection (b) that were not included
in the annual report under paragraph (1)(A) and a
description of why the Secretary determined that those
proposals did not meet the criteria for inclusion under
such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding
any other deadlines required by this section, the Secretary
shall--
(1) not later than 60 days after the date of
enactment of this Act, publish in the Federal Register
a notice required by subsection (b)(1); and
(2) include in such notice a requirement that non-
Federal interests submit to the Secretary any proposals
described in subsection (b)(1) by not later than 120
days after the date of publication of such notice in
the Federal Register in order for such proposals to be
considered for inclusion in the first annual report
developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to
Congress, the Secretary shall make the annual report publicly
available, including through publication on the Internet.
(f) Definitions.--In this section:
(1) Annual report.--The term ``annual report'' means
a report required by subsection (a).
(2) Feasibility report.--
(A) In general.--The term ``feasibility
report'' means a final feasibility report
developed under section 905 of the Water
Resources Development Act of 1986 (33 U.S.C.
2282).
(B) Inclusions.--The term ``feasibility
report'' includes--
(i) a report described in section
105(d)(2) of the Water Resources
Development Act of 1986 (33 U.S.C.
2215(d)(2)); and
(ii) where applicable, any associated
report of the Chief of Engineers.
(3) Feasibility study.--The term ``feasibility
study'' has the meaning given that term in section 105
of the Water Resources Development Act of 1986 (33
U.S.C. 2215).
(4) Non-federal interest.--The term ``non-Federal
interest'' has the meaning given that term in section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b).
(5) Water resources development project.--The term
``water resources development project'' includes a
project under an environmental infrastructure
assistance program.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 2007
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
[Sec. 2040. Electronic submission of permit applications.]
Sec. 2040. Electronic submission and tracking of permit applications.
* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
SEC. 2006. REMOTE AND SUBSISTENCE HARBORS.
(a) In General.--In conducting a study of harbor and
navigation improvements, the Secretary may recommend a project
without the need to demonstrate that the project is justified
solely by national economic development benefits if the
Secretary determines that--
(1)(A) the community to be served by the project is
at least 70 miles from the nearest surface accessible
commercial port and has no direct rail or highway link
to another community served by a surface accessible
port or harbor; or
(B) the project would be located in the State of
Hawaii or Alaska, the Commonwealth of Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands,
the United States Virgin Islands, or American Samoa;
(2) the harbor is economically critical such that
over 80 percent of the goods transported through the
harbor would be consumed within the region served by
the harbor and navigation improvement, as determined by
the Secretary, including consideration of information
provided by the non-Federal interest; and
(3) the long-term viability of the community in which
the project is located, or the long-term viability of a
community that is located in the region that is served
by the project and that will rely on the project, would
be threatened without the harbor and navigation
improvement.
(b) Justification.--In considering whether to recommend a
project under subsection (a), the Secretary shall consider the
benefits of the project to--
(1) public health and safety of the local community
and communities that are located in the region to be
served by the project and that will rely on the
project, including access to facilities designed to
protect public health and safety;
(2) access to natural resources for subsistence
purposes;
(3) local and regional economic opportunities;
(4) welfare of the [local population] regional
population to be served by the project; and
(5) social and cultural value to the [community]
local community and communities that are located in the
region to be served by the project and that will rely
on the project.
(c) Prioritization.--Projects recommended by the Secretary
under subsection (a) shall be given equivalent budget
consideration and priority as projects recommended solely by
national economic development benefits.
(d) Disposition.--
(1) In general.--The Secretary may carry out any
project identified in the study carried out pursuant to
subsection (a) in accordance with the criteria for
projects carried out under the authority of the
Secretary under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577).
(2) Non-Federal interests.--In evaluating and
implementing a project under this section, the
Secretary shall allow a non-Federal interest to
participate in the financing of a project in accordance
with the criteria established for flood control
projects under section 903(c) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat.
4184).
(e) Annual Report.--For a project that cannot be carried out
under the authority specified in subsection (d), on a
determination by the Secretary of the feasibility of the
project under subsection (a), the Secretary may include a
recommendation concerning the project in the annual report
submitted to Congress under section 7001.
* * * * * * *
[SEC. 2017. ACCESS TO WATER RESOURCE DATA.
[(a) In General.--The Secretary shall carry out a program to
provide public access to water resources and related water
quality data in the custody of the Corps of Engineers.
[(b) Data.--Public access under subsection (a) shall--
[(1) include, at a minimum, access to data generated
in water resources project development and regulation
under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344); and
[(2) appropriately employ geographic information
system technology and linkages to water resource models
and analytical techniques.
[(c) Partnerships.--To the maximum extent practicable, in
carrying out activities under this section, the Secretary shall
develop partnerships, including cooperative agreements, with
State, tribal, and local governments and other Federal
agencies.
[(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $3,000,000 for each
fiscal year.]
SEC. 2017. ACCESS TO WATER RESOURCE DATA.
(a) In General.--Using available funds, the Secretary shall
make publicly available, including on the Internet, all data in
the custody of the Corps of Engineers on--
(1) the planning, design, construction, operation,
and maintenance of water resources development
projects; and
(2) water quality and water management of projects
owned, operated, or managed by the Corps of Engineers.
(b) Limitation.--Nothing in this section may be construed to
compel or authorize the disclosure of data or other information
determined by the Secretary to be confidential information,
privileged information, law enforcement information, national
security information, infrastructure security information,
personal information, or information the disclosure of which is
otherwise prohibited by law.
(c) Timing.--The Secretary shall ensure that data is made
publicly available under subsection (a) as quickly as
practicable after the data is generated by the Corps of
Engineers.
(d) Partnerships.--In carrying out this section, the
Secretary may develop partnerships, including through
cooperative agreements, with State, tribal, and local
governments and other Federal agencies.
* * * * * * *
SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.
(a) Mitigation for Fish and Wildlife Losses.--Section 906(d)
of the Water Resources Development Act of 1986 (33 U.S.C.
2283(d)) is amended--
(1) in the first sentence of paragraph (1) by
striking ``to the Congress'' and inserting ``to
Congress in any report, and shall not select a project
alternative in any report,'';
(2) in the second sentence of paragraph (1) by
inserting ``, and other habitat types are mitigated to
not less than in-kind conditions'' after ``mitigated
in-kind''; and
(3) by adding at the end the following:
``(3) Mitigation requirements.--
``(A) In general.--To mitigate losses to
flood damage reduction capabilities and fish
and wildlife resulting from a water resources
project, the Secretary shall ensure that the
mitigation plan for each water resources
project complies with the mitigation standards
and policies established pursuant to the
regulatory programs administered by the
Secretary.
``(B) Inclusions.--A specific mitigation plan
for a water resources project under paragraph
(1) shall include, at a minimum--
``(i) a plan for monitoring the
implementation and ecological success
of each mitigation measure, including
the cost and duration of any
monitoring, and, to the extent
practicable, a designation of the
entities that will be responsible for
the monitoring;
``(ii) the criteria for ecological
success by which the mitigation will be
evaluated and determined to be
successful based on replacement of lost
functions and values of the habitat,
including hydrologic and vegetative
characteristics;
``(iii) a description of the land and
interests in land to be acquired for
the mitigation plan and the basis for a
determination that the land and
interests are available for
acquisition;
``(iv) a description of--
``(I) the types and amount of
restoration activities to be
conducted;
``(II) the physical action to
be undertaken to achieve the
mitigation objectives within
the watershed in which such
losses occur and, in any case
in which the mitigation will
occur outside the watershed, a
detailed explanation for
undertaking the mitigation
outside the watershed; and
``(III) the functions and
values that will result from
the mitigation plan; and
``(v) a contingency plan for taking
corrective actions in cases in which
monitoring demonstrates that mitigation
measures are not achieving ecological
success in accordance with criteria
under clause (ii).
``(C) Responsibility for monitoring.--In any
case in which it is not practicable to identify
in a mitigation plan for a water resources
project the entity responsible for monitoring
at the time of a final report of the Chief of
Engineers or other final decision document for
the project, such entity shall be identified in
the partnership agreement entered into with the
non-Federal interest under section 221 of Flood
Control Act of 1970 (42 U.S.C. 1962d-5b).
``(4) Determination of success.--
``(A) In general.--A mitigation plan under
this subsection shall be considered to be
successful at the time at which the criteria
under paragraph (3)(B)(ii) are achieved under
the plan, as determined by monitoring under
paragraph (3)(B)(i).
``(B) Consultation.--In determining whether a
mitigation plan is successful under
subparagraph (A), the Secretary shall consult
annually with appropriate Federal agencies and
each State in which the applicable project is
located on at least the following:
``(i) The ecological success of the
mitigation as of the date on which the
report is submitted.
``(ii) The likelihood that the
mitigation will achieve ecological
success, as defined in the mitigation
plan.
``(iii) The projected timeline for
achieving that success.
``(iv) Any recommendations for
improving the likelihood of success.
``(5) Monitoring.--Mitigation monitoring shall
continue until it has been demonstrated that the
mitigation has met the ecological success criteria.''.
(b) Status Report.--
(1) In general.--Concurrent with the President's
submission to Congress of the President's request for
appropriations for the Civil Works Program for a fiscal
year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report on the status of
construction of projects that require mitigation under
section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283), the status of such mitigation,
and the results of the consultation under subsection
(d)(4)(B) of such section.
(2) Projects included.--The status report shall
include the status of--
(A) all projects that are under construction
as of the date of the report;
(B) all projects for which the President
requests funding for the next fiscal year; and
(C) all projects that have undergone or
completed construction, but have not completed
the mitigation required under section 906 of
the Water Resources Development Act of 1986.
(3) Information included.--In reporting the status of
all projects included in the report, the Secretary
shall--
(A) use a uniform methodology for determining
the status of all projects included in the
report;
(B) use a methodology that describes both a
qualitative and quantitative status for all
projects in the report; and
(C) provide specific dates for participation
in the consultations required under section
906(d)(4)(B) of the Water Resources Development
Act of 1986 (33 U.S.C. 2283(d)(4)(B)).
(4) Availability of information.--The Secretary shall
make information contained in the status report
available to the public, including on the Internet.
[(c) Wetlands Mitigation.--
[(1) In general.--In carrying out a water resources
project that involves wetlands mitigation and that has
impacts that occur within the service area of a
mitigation bank, the Secretary, where appropriate,
shall first consider the use of the mitigation bank if
the bank contains sufficient available credits to
offset the impact and the bank is approved in
accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks
(60 Fed. Reg. 58605) or other applicable Federal law
(including regulations).
[(2) Service area.--To the maximum extent
practicable, the service area of the mitigation bank
under paragraph (1) shall be in the same watershed as
the affected habitat.
[(3) Responsibility for monitoring.--
[(A) In general.--Purchase of credits from a
mitigation bank for a water resources project
relieves the Secretary and the non-Federal
interest from responsibility for monitoring or
demonstrating mitigation success.
[(B) Applicability.--The relief of
responsibility under subparagraph (A) applies
only in any case in which the Secretary
determines that monitoring of mitigation
success is being conducted by the Secretary or
by the owner or operator of the mitigation
bank.]
* * * * * * *
[SEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.
[(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall implement a program
to allow electronic submission of permit applications for
permits under the jurisdiction of the Secretary.
[(b) Limitations.--This section does not preclude the
submission of a physical copy.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $3,000,000.]
SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
(a) Development of Electronic System.--
(1) In general.--The Secretary shall research,
develop, and implement an electronic system to allow
the electronic preparation and submission of
applications for permits and requests for
jurisdictional determinations under the jurisdiction of
the Secretary.
(2) Inclusion.--The electronic system required under
paragraph (1) shall address--
(A) applications for standard individual
permits;
(B) applications for letters of permission;
(C) joint applications with States for State
and Federal permits;
(D) applications for emergency permits;
(E) applications or requests for
jurisdictional determinations; and
(F) preconstruction notification submissions,
when required for a nationwide or other general
permit.
(3) Improving existing data systems.--The Secretary
shall seek to incorporate the electronic system
required under paragraph (1) into existing systems and
databases of the Corps of Engineers to the maximum
extent practicable.
(4) Protection of information.--The electronic system
required under paragraph (1) shall provide for the
protection of personal, private, privileged,
confidential, and proprietary information, and
information the disclosure of which is otherwise
prohibited by law.
(b) System Requirements.--The electronic system required
under subsection (a) shall--
(1) enable an applicant or requester to prepare
electronically an application for a permit or request;
(2) enable an applicant or requester to submit to the
Secretary, by email or other means through the
Internet, the completed application form or request;
(3) enable an applicant or requester to submit to the
Secretary, by email or other means through the
Internet, data and other information in support of the
permit application or request;
(4) provide an online interactive guide to provide
assistance to an applicant or requester at any time
while filling out the permit application or request;
and
(5) enable an applicant or requester (or a designated
agent) to track the status of a permit application or
request in a manner that will--
(A) allow the applicant or requester to
determine whether the application is pending or
final and the disposition of the request;
(B) allow the applicant or requester to
research previously submitted permit
applications and requests within a given
geographic area and the results of such
applications or requests; and
(C) allow identification and display of the
location of the activities subject to a permit
or request through a map-based interface.
(c) Documentation.--All permit decisions and jurisdictional
determinations made by the Secretary shall be in writing and
include documentation supporting the basis for the decision or
determination. The Secretary shall prescribe means for
documenting all decisions or determinations to be made by the
Secretary.
(d) Record of Determinations.--
(1) In general.--The Secretary shall maintain, for a
minimum of 5 years, a record of all permit decisions
and jurisdictional determinations made by the
Secretary, including documentation supporting the basis
of the decisions and determinations.
(2) Archiving of information.--The Secretary shall
explore and implement an appropriate mechanism for
archiving records of permit decisions and
jurisdictional determinations, including documentation
supporting the basis of the decisions and
determinations, after the 5-year maintenance period
described in paragraph (1).
(e) Availability of Determinations.--
(1) In general.--The Secretary shall make the records
of all permit decisions and jurisdictional
determinations made by the Secretary available to the
public for review and reproduction.
(2) Protection of information.--The Secretary shall
provide for the protection of personal, private,
privileged, confidential, and proprietary information,
and information the disclosure of which is prohibited
by law, which may be excluded from disclosure.
(f) Deadline for Electronic System Implementation.--
(1) In general.--The Secretary shall develop and
implement, to the maximum extent practicable, the
electronic system required under subsection (a) not
later than 2 years after the date of enactment of the
Water Resources Development Act of 2016.
(2) Report on electronic system implementation.--Not
later than 180 days after the expiration of the
deadline under paragraph (1), the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report describing the measures implemented and
barriers faced in carrying out this section.
(g) Applicability.--The requirements described in subsections
(c), (d), and (e) shall apply to permit applications and
requests for jurisdictional determinations submitted to the
Secretary after the date of enactment of the Water Resources
Development Act of 2016.
(h) Limitation.--This section shall not preclude the
submission to the Secretary, acting through the Chief of
Engineers, of a physical copy of a permit application or a
request for a jurisdictional determination.
SEC. 2041. PROJECT ADMINISTRATION.
(a) Project Tracking.--The Secretary shall assign a unique
tracking number to each water resources project under the
jurisdiction of the Secretary to be used by each Federal agency
throughout the life of the project.
(b) Report Repository.--
(1) In general.--The Secretary shall provide to the
Library of Congress a copy of each final feasibility
study, final environmental impact statement, final
reevaluation report, final post-authorization change
report, record of decision, and report to Congress
prepared by the Corps of Engineers.
(2) Availability to public.--Each document described
in paragraph (1) shall be made available to the public,
and an electronic copy of each document shall be made
permanently available to the public through the
Internet.
* * * * * * *
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
* * * * * * *
SEC. 9002. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Canal structure.--
(A) In general.--The term ``canal structure''
means an embankment, wall, or structure along a
canal or manmade watercourse that--
(i) constrains water flows;
(ii) is subject to frequent water
loading; and
(iii) is an integral part of a flood
risk reduction system that protects the
leveed area from flood waters
associated with hurricanes,
precipitation events, seasonal high
water, and other weather-related
events.
(B) Exclusion.--The term ``canal structure''
does not include a barrier across a
watercourse.
(3) Committee.--The term ``committee'' means the
Committee on Levee Safety established by section
9003(a).
(4) Floodplain management.--The term ``floodplain
management'' means the operation of a community program
of corrective and preventative measures for reducing
flood damage.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(6) Inspection.--The term ``inspection'' means an
actual inspection of a levee--
(A) to establish the global information
system location of the levee;
(B) to determine the general condition of the
levee; and
(C) to estimate the number of structures and
population at risk and protected by the levee
that would be adversely impacted if the levee
fails or water levels exceed the height of the
levee.
(7) Levee.--
(A) In general.--The term ``levee'' means a
manmade barrier (such as an embankment,
floodwall, or other structure)--
(i) the primary purpose of which is
to provide hurricane, storm, or flood
protection relating to seasonal high
water, storm surges, precipitation, or
other weather events; and
(ii) that is normally subject to
water loading for only a few days or
weeks during a calendar year.
(B) Inclusions.--The term ``levee'' includes
a levee system, including--
(i) levees and canal structures
that--
(I) constrain water flows;
(II) are subject to more
frequent water loading; and
(III) do not constitute a
barrier across a watercourse;
and
(ii) roadway and railroad
embankments, but only to the extent
that the embankments are integral to
the performance of a flood damage
reduction system.
(C) Exclusions.--The term ``levee'' does not
include--
(i) a roadway or railroad embankment
that is not integral to the performance
of a flood damage reduction system;
(ii) a canal constructed completely
within natural ground without any
manmade structure (such as an
embankment or retaining wall to retain
water or a case in which water is
retained only by natural ground);
(iii) a canal regulated by a Federal
or State agency in a manner that
ensures that applicable Federal safety
criteria are met;
(iv) a levee or canal structure--
(I) that is not a part of a
Federal flood damage reduction
system;
(II) that is not recognized
under the National Flood
Insurance Program as providing
protection from the 1-percent-
annual-chance or greater flood;
(III) that is not greater
than 3 feet high;
(IV) the population in the
leveed area of which is less
than 50 individuals; and
(V) the leveed area of which
is less than 1,000 acres; or
(v) any shoreline protection or river
bank protection system (such as
revetments or barrier islands).
(8) Levee feature.--The term ``levee feature'' means
a structure that is critical to the functioning of a
levee, including--
(A) an embankment section;
(B) a floodwall section;
(C) a closure structure;
(D) a pumping station;
(E) an interior drainage work; and
(F) a flood damage reduction channel.
(9) Levee system.--The term ``levee system'' means 1
or more levee segments, including all levee features
that are interconnected and necessary to ensure
protection of the associated leveed areas--
(A) that collectively provide flood damage
reduction to a defined area; and
(B) the failure of 1 of which may result in
the failure of the entire system.
(10) National levee database.--The term ``national
levee database'' means the levee database established
under section 9004.
(11) Participating program.--The term ``participating
program'' means a levee safety program developed by a
[State or Indian tribe] State, regional district, or
Indian tribe that includes the minimum components
necessary for recognition by the Secretary.
(12) Regional district.--The term ``regional
district'' means a subdivision of a State government,
or a subdivision of multiple State governments, that is
authorized to acquire, construct, operate, and maintain
projects for the purpose of flood damage reduction.
[(12)] (13) Rehabilitation.--The term
``rehabilitation'' means the repair, replacement,
reconstruction, removal of a levee, or reconfiguration
of a levee system, including a setback levee, that is
carried out to reduce flood risk or meet national levee
safety guidelines.
[(13)] (14) Risk.--The term ``risk'' means a measure
of the probability and severity of undesirable
consequences.
[(14)] (15) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
[(15)] (16) State levee safety agency.--The term
``State levee safety agency'' means the agency of a
State that has regulatory authority over the safety of
any non-Federal levee in the State.
[(16)] (17) United states.--The term ``United
States'', when used in a geographical sense, means all
of the States.
* * * * * * *
SEC. 9004. INVENTORY AND INSPECTION OF LEVEES.
(a) Levee Database.--
(1) In general.--Not later than [one year after the
date of enactment of this Act] 1 year after the date of
enactment of the Water Resources Development Act of
2016, the Secretary shall establish and maintain a
database with an inventory of the Nation's levees.
(2) Contents.--The database shall include--
(A) location information of all Federal
levees in the Nation (including global
information system information) and updated
levee information provided by [States, Indian
tribes, Federal agencies, and other entities]
States, regional districts, Indian tribes,
Federal agencies, and other entities;
(B) utilizing such information as is
available, the general condition of each levee;
and
(C) an estimate of the number of structures
and population at risk and protected by each
levee that would be adversely impacted if the
levee fails or water levels exceed the height
of the levee.
(3) Availability of information.--
(A) Availability to [federal, state, and
local] federal, state, regional, tribal, and
local governmental agencies.--The Secretary
shall make all of the information in the
database available to appropriate [Federal,
State, and local] Federal, State, regional,
tribal, and local governmental agencies.
(B) Availability to the public.--The
Secretary shall make the information in the
database described in paragraph (2)(A), and
such other information in the database as the
Secretary determines appropriate, available to
the public.
(b) Inventory and Inspection of Levees.--
(1) Federal levees.--The Secretary, at Federal
expense, shall establish an inventory and conduct an
inspection of all federally owned and operated levees.
(2) Federally constructed, nonfederally operated and
maintained levees.--The Secretary shall establish an
inventory and conduct an inspection of all federally
constructed, non-federally operated and maintained
levees, at the original cost share for the project.
(3) Participating levees.--For non-Federal levees the
owners of which are participating in the emergency
response to natural disasters program established under
section 5 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and
harbors for flood control, and for other purposes'',
approved August 18, 1941 (33 U.S.C. 701n), the
Secretary shall establish an inventory and conduct an
inspection of each such levee if the owner of the levee
requests such inspection. The Federal share of the cost
of an inspection under this paragraph shall be 65
percent.
(c) Levee Review.--
(1) In general.--The Secretary shall carry out a one-
time inventory and review of all levees identified in
the national levee database.
(2) No federal interest.--The inventory and
inspection under paragraph (1) does not create a
Federal interest in the construction, operation, or
maintenance of any levee that is included in the
inventory or inspected under this subsection.
(3) Review criteria.--In carrying out the inventory
and review, the Secretary shall use the levee safety
action classification criteria to determine whether a
levee should be classified in the inventory as
requiring a more comprehensive inspection.
(4) [State and tribal] State, regional, and tribal
participation.--At the request of a [State or Indian
tribe] State, regional district, or Indian tribe with
respect to any levee subject to review under this
subsection, the Secretary shall--
(A) allow an official of the [State or Indian
tribe] State, regional district, or Indian
tribe to participate in the review of the
levee; and
(B) provide information to the [State or
Indian tribe] State, regional district, or
Indian tribe relating to the location,
construction, operation, or maintenance of the
levee.
(5) Exceptions.--In carrying out the inventory and
review under this subsection, the Secretary shall not
be required to review any levee that has been inspected
by a [State or Indian tribe] State, regional district,
or Indian tribe using the same methodology described in
paragraph (3) during the 1-year period immediately
preceding the date of enactment of this subsection if
the Governor of the State or [chief executive of the
tribal government] chief executive of the regional
district or tribal government, as applicable, requests
an exemption from the review.
SEC. 9005. LEVEE SAFETY INITIATIVE.
(a) Establishment.--The Secretary, in consultation with the
Administrator, shall carry out a levee safety initiative.
(b) Management.--The Secretary shall appoint--
(1) an administrator of the levee safety initiative;
and
(2) such staff as are necessary to implement the
initiative.
(c) Levee Safety Guidelines.--
(1) Establishment.--Not later than [1 year after the
date of enactment of this subsection] 1 year after the
date of enactment of the Water Resources Development
Act of 2016, the Secretary, in consultation with the
Administrator and in coordination with [State, local,
and tribal governments and organizations] State,
regional, local, and tribal governments and
organizations with expertise in levee safety, shall
establish a set of voluntary, comprehensive, national
levee safety guidelines that--
(A) are available for common, uniform use by
all [Federal, State, tribal, and local
agencies] Federal, State, regional, local, and
tribal agencies;
(B) incorporate policies, procedures,
standards, and criteria for a range of levee
types, canal structures, and related facilities
and features; and
(C) provide for adaptation to local,
regional, or watershed conditions.
(2) Requirement.--The policies, procedures,
standards, and criteria under paragraph (1)(B) shall be
developed taking into consideration the levee hazard
potential classification system established under
subsection (d).
(3) Incorporation.--The guidelines shall address, to
the maximum extent practicable--
(A) the activities and practices carried out
by [State, local, and tribal governments]
State, regional, local, and tribal governments,
and the private sector to safely build,
regulate, operate, and maintain levees; and
(B) Federal activities that facilitate State,
regional, or tribal efforts to develop and
implement effective State, regional, or tribal
programs for the safety of levees, including
levee inspection, levee rehabilitation, locally
developed floodplain management, and public
education and training programs.
(4) Consideration by Federal agencies.--To the
maximum extent practicable, all Federal agencies shall
consider the levee safety guidelines in carrying out
activities relating to the management of levees.
(5) Public comment.--Prior to finalizing the
guidelines under this subsection, the Secretary shall--
(A) issue draft guidelines for public
comment, including comment by [States, non-
Federal interests, and other appropriate
stakeholders] States, regional districts,
Indian tribes, non-Federal interests, and other
appropriate stakeholders; and
(B) consider any comments received in the
development of final guidelines.
(d) Hazard Potential Classification system.--
(1) Establishment.--The Secretary shall establish a
hazard potential classification system for use under
the levee safety initiative and participating programs.
(2) Revision.--The Secretary shall review and, as
necessary, revise the hazard potential classification
system not less frequently than once every 5 years.
(3) Consistency.--The hazard potential classification
system established pursuant to this subsection shall be
consistent with and incorporated into the levee safety
action classification tool developed by the Corps of
Engineers.
(e) Technical Assistance and Materials.--
(1) Establishment.--The Secretary, in consultation
with the Administrator, shall provide technical
assistance and training to promote levee safety and
assist [States, communities, and levee owners] States,
regional districts, Indian tribes, communities, and
levee owners in--
(A) developing levee safety programs;
(B) identifying and reducing flood risks
associated with levees;
(C) identifying local actions that may be
carried out to reduce flood risks in leveed
areas; and
(D) rehabilitating, improving, replacing,
reconfiguring, modifying, and removing levees
and levee systems.
(2) Eligibility.--To be eligible to receive technical
assistance under this subsection, a State shall--
(A) be in the process of establishing or have
in effect a State levee safety program under
which a State levee safety agency, in
accordance with State law, carries out the
guidelines established under subsection (c)(1);
and
(B) allocate sufficient funds in the budget
of that State to carry out that State levee
safety program.
(3) Work plans.--The Secretary shall enter into an
agreement with each State receiving technical
assistance under this subsection to develop a work plan
necessary for the State levee safety program of that
State to reach a level of program performance that
meets the guidelines established under subsection
(c)(1).
(f) Public Education and Awareness.--
(1) In general.--The Secretary, in coordination with
the Administrator, shall carry out public education and
awareness efforts relating to the levee safety
initiative.
(2) Contents.--In carrying out the efforts under
paragraph (1), the Secretary and the Administrator
shall--
(A) educate individuals living in leveed
areas regarding the risks of living in those
areas; and
(B) promote consistency in the transmission
of information regarding levees among Federal
agencies and regarding risk communication at
the State and local levels.
(g) [State and Tribal] State, Regional, and Tribal Levee
Safety Program.--
(1) Guidelines.--
(A) In general.--Not later than [1 year after
the date of enactment of this subsection] 1
year after the date of enactment of the Water
Resources Development Act of 2016, in
consultation with the Administrator, the
Secretary shall issue guidelines that establish
the minimum components necessary for
recognition of a [State or tribal] State,
regional, or tribal levee safety program as a
participating program.
(B) Guideline contents.--The guidelines under
subparagraph (A) shall include provisions and
procedures requiring each participating [State
and Indian tribe] State, regional district, and
Indian tribe to certify to the Secretary that
the [State or Indian tribe] State, regional
district, or Indian tribe, as applicable--
(i) has the authority to participate
in the levee safety initiative;
(ii) can receive funds under this
title;
(iii) has adopted any levee safety
guidelines developed under this title;
(iv) will carry out levee
inspections;
(v) will carry out, consistent with
applicable requirements, flood risk
management and any emergency action
planning procedures the Secretary
determines to be necessary relating to
levees;
(vi) will carry out public education
and awareness activities consistent
with the efforts carried out under
subsection (f); and
(vii) will collect and share
information regarding the location and
condition of levees, including for
inclusion in the national levee
database.
(C) Public comment.--Prior to finalizing the
guidelines under this paragraph, the Secretary
shall--
(i) issue draft guidelines for public
comment; and
(ii) consider any comments received
in the development of final guidelines.
(2) Assistance to [states] states, regional
districts, and indian tribes.--
(A) Establishment.--The Administrator may
provide assistance, subject to the availability
of funding specified in appropriations Acts for
Federal Emergency Management Agency activities
pursuant to this title and subject to amounts
available under subparagraph (E), to [States
and Indian tribes] States, regional districts,
and Indian tribes in establishing participating
programs, conducting levee inventories, and
improving levee safety programs in accordance
with subparagraph (B).
(B) Requirements.--To be eligible to receive
assistance under this section, a [State or
Indian tribe] State, regional district, or
Indian tribe shall--
(i) meet the requirements of a
participating program established by
the guidelines issued under paragraph
(1);
(ii) use not less than 25 percent of
any amounts received to identify and
assess non-Federal [levees within the
State] levees within the State or
regional district or on land of the
Indian tribe;
(iii) submit to the Secretary and
Administrator any information collected
by the [State or Indian tribe] State,
regional district, or Indian tribe in
carrying out this subsection for
inclusion in the national levee safety
database; and
(iv) identify actions to address
hazard mitigation activities associated
with levees and leveed areas identified
in the hazard mitigation plan of the
State approved by the Administrator of
the Federal Emergency Management Agency
under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(C) Measures to assess effectiveness.--
(i) In general.--Not later than 1
year after the date of enactment of
this subsection, the Administrator
shall implement quantifiable
performance measures and metrics to
assess the effectiveness of the
assistance provided in accordance with
subparagraph (A).
(ii) Considerations.--In assessing
the effectiveness of assistance under
clause (i), the Administrator shall
consider the degree to which the [State
or tribal] State, regional, or tribal
program--
(I) ensures that human lives
and property that are protected
by new and existing levees are
safe;
(II) encourages the use of
appropriate engineering
policies, procedures, and
technical practices for levee
site investigation, design,
construction, operation and
maintenance, inspection,
assessment, and emergency
preparedness;
(III) develops and supports
public education and awareness
projects to increase public
acceptance and support of levee
safety programs and provide
information;
(IV) builds public awareness
of the residual risks
associated with living in levee
protected areas; and
(V) develops technical
assistance materials, seminars,
and guidelines to improve the
security of levees of the
United States.
(D) Maintenance of effort.--Technical
assistance or grants may not be provided to a
State under this subsection during a fiscal
year unless the State enters into an agreement
with the Administrator to ensure that the State
will maintain during that fiscal year aggregate
expenditures for programs to ensure levee
safety that equal or exceed the average annual
level of such expenditures for the State for
the 2 fiscal years preceding that fiscal year.
(E) Authorization of appropriations.--
(i) In general.--There is authorized
to be appropriated to the Administrator
to carry out this subsection
$25,000,000 for each of fiscal years
2015 through 2019.
(ii) Allocation.--For each fiscal
year, amounts made available under this
subparagraph shall be allocated among
the [States and Indian tribes] States,
regional districts, and Indian tribes
as follows:
(I) \1/3\ among [States and
Indian tribes] States, regional
districts, and Indian tribes
that qualify for assistance
under this subsection.
(II) \2/3\ among [States and
Indian tribes] States, regional
districts, and Indian tribes
that qualify for assistance
under this subsection, to each
such [State or Indian tribe]
State, regional district, or
Indian tribe in the proportion
that--
(aa) the [miles of
levees in the State]
miles of levees in the
State or regional
district or on the land
of the Indian tribe
that are listed on the
inventory of levees;
bears to
(bb) the [miles of
levees in all States]
miles of levees in all
States and regional
districts and on the
land of all Indian
tribes that are in the
national levee
database.
(iii) Maximum Amount of Allocation.--
The amounts allocated to a [State or
Indian tribe] State, regional district,
or Indian tribe under this subparagraph
shall not exceed 50 percent of the
reasonable cost of implementing the
[State or tribal] State, regional, or
tribal levee safety program.
(F) Prohibition.--No amounts made available
to the Administrator under this title shall be
used for levee construction, rehabilitation,
repair, operations, or maintenance.
(h) Levee Rehabilitation Assistance Program.--
(1) Establishment.--The Secretary shall provide
assistance to [States, Indian tribes, and local
governments] States, regional districts, Indian tribes,
and local governments relating to addressing flood
mitigation activities that result in an overall
reduction in flood risk.
(2) Requirements.--To be eligible to receive
assistance under this subsection, a [State, Indian
tribe, or local government] State, regional district,
Indian tribe, or local government shall--
(A) participate in, and comply with, all
applicable Federal floodplain management and
flood insurance programs;
(B) have in place a hazard mitigation plan
that--
(i) includes all levee risks; and
(ii) complies with the Disaster
Mitigation Act of 2000 (Public Law 106-
390; 114 Stat. 1552);
(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require;
(D) commit to provide normal operation and
maintenance of the project for the 50 year-
period following completion of rehabilitation;
and
(E) comply with such minimum eligibility
requirements as the Secretary, in consultation
with the committee, may establish to ensure
that each owner and operator of a levee under a
participating [State or tribal] State,
regional, or tribal levee safety program--
(i) acts in accordance with the
guidelines developed under subsection
(c); and
(ii) carries out activities relating
to the public in the leveed area in
accordance with the hazard mitigation
plan described in subparagraph (B).
(3) Floodplain management plans.--
(A) In general.--Not later than 1 year after
the date of execution of a project agreement
for assistance under this subsection, a [State,
Indian tribe, or local government] State,
regional district, Indian tribe, or local
government shall prepare a floodplain
management plan in accordance with the
guidelines under subparagraph (D) to reduce the
impacts of future flood events in each
applicable leveed area.
(B) Inclusions.--A plan under subparagraph
(A) shall address--
(i) potential measures, practices,
and policies to reduce loss of life,
injuries, damage to property and
facilities, public expenditures, and
other adverse impacts of flooding in
each applicable leveed area;
(ii) plans for flood fighting and
evacuation; and
(iii) public education and awareness
of flood risks.
(C) Implementation.--Not later than 1 year
after the date of completion of construction of
the applicable project, a floodplain management
plan prepared under subparagraph (A) shall be
implemented.
(D) Guidelines.--Not later than [180 days
after the date of enactment of this subsection]
180 days after the date of enactment of the
Water Resources Development Act of 2016, the
Secretary, in consultation with the
Administrator, shall develop such guidelines
for the preparation of floodplain management
plans prepared under this paragraph as the
Secretary determines to be appropriate.
(E) Technical support.--The Secretary may
provide technical support for the development
and implementation of floodplain management
plans prepared under this paragraph.
(4) Use of funds.--
(A) In general.--Assistance provided under
this subsection may be used--
(i) for any rehabilitation activity
to maximize overall risk reduction
associated with a levee under a
participating [State or tribal] State,
regional, or tribal levee safety
program; and
(ii) only for a levee that is not
federally operated and maintained.
(B) Prohibition.--Assistance provided under
this subsection shall not be used--
(i) to perform routine operation or
maintenance for a levee; or
(ii) to make any modification to a
levee that does not result in an
improvement to public safety.
(5) No proprietary interest.--A contract for
assistance provided under this subsection shall not be
considered to confer any proprietary interest on the
United States.
(6) Cost share.--The maximum Federal share of the
cost of any assistance provided under this subsection
shall be 65 percent.
(7) Project limit.--The maximum amount of Federal
assistance for a project under this subsection shall be
$10,000,000.
(8) Limitation.--A project shall not receive Federal
assistance under this subsection more than 1 time.
(9) Federal interest.--For a project that is not a
project eligible for rehabilitation assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), the Secretary shall determine that the proposed
rehabilitation is in the Federal interest prior to
providing assistance for such rehabilitation.
(10) Other laws.--Assistance provided under this
subsection shall be subject to all applicable laws
(including regulations) that apply to the construction
of a civil works project of the Corps of Engineers.
(i) Effect of Section.--Nothing in this section--
(1) affects the requirement under section
100226(b)(2) of Public Law 112-141 (42 U.S.C. 4101
note; 126 Stat. 942); or
(2) confers any regulatory authority on--
(A) the Secretary; or
(B) the Administrator, including for the
purpose of setting premium rates under the
national flood insurance program established
under chapter 1 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4011 et seq.).
SEC. 9006. REPORTS.
(a) State of Levees.--
(1) In general.--Not later than [1 year after the
date of enactment of this subsection] 1 year after the
date of enactment of the Water Resources Development
Act of 2016, and biennially thereafter, the Secretary
in coordination with the committee, shall submit to
Congress and make publicly available a report
describing the state of levees in the United States and
the effectiveness of the levee safety initiative,
including--
(A) progress achieved in implementing the
levee safety initiative;
(B) [State and tribal] State, regional, and
tribal participation in the levee safety
initiative;
(C) recommendations to improve coordination
of levee safety, floodplain management, and
environmental protection concerns, including--
(i) identifying and evaluating
opportunities to coordinate public
safety, floodplain management, and
environmental protection activities
relating to levees; and
(ii) evaluating opportunities to
coordinate environmental permitting
processes for operation and maintenance
activities at existing levee projects
in compliance with all applicable laws;
and
(D) any recommendations for legislation and
other congressional actions necessary to ensure
national levee safety.
(2) Inclusion.--Each report under paragraph (1) shall
include a report of the committee that describes the
independent recommendations of the committee for the
implementation of the levee safety initiative.
(b) National Dam and Levee Safety Program.--Not later than 3
years after the date of enactment of this subsection, to the
maximum extent practicable, the Secretary and the
Administrator, in coordination with the committee, shall submit
to Congress and make publicly available a report that includes
recommendations regarding the advisability and feasibility of,
and potential approaches for, establishing a joint national dam
and levee safety program.
(c) Alignment of Federal Programs Relating to Levees.--Not
later than [2 years after the date of enactment of this
subsection] 2 years after the date of enactment of the Water
Resources Development Act of 2016, the Comptroller General of
the United States shall submit to Congress a report on
opportunities for alignment of Federal programs to provide
incentives to [State, tribal, and local] State, regional,
tribal, and local governments and individuals and entities--
(1) to promote shared responsibility for levee
safety;
(2) to encourage the development of strong [State and
tribal] State, regional, and tribal levee safety
programs;
(3) to better align the levee safety initiative with
other Federal flood risk management programs; and
(4) to promote increased levee safety through other
Federal programs providing assistance to [State and
local] State, regional, tribal, and local governments.
(d) Liability for Certain Levee Engineering Projects.--Not
later than [1 year after the date of enactment of this
subsection] 1 year after the date of enactment of the Water
Resources Development Act of 2016, the Secretary shall submit
to Congress and make publicly available a report that includes
recommendations that identify and address any legal liability
associated with levee engineering projects that prevent--
(1) levee owners from obtaining needed levee
engineering services; or
(2) development and implementation of a [State or
tribal] State, regional, or tribal levee safety
program.
* * * * * * *
----------
SECTION 156 OF THE WATER RESOURCES DEVELOPMENT ACT OF 1976
Sec. 156.
(a) In General.--The Secretary of the Army, acting through
the Chief of Engineers, is authorized to provide periodic beach
nourishment in the case of each water resources development
project where such nourishment has been authorized for a
limited period for such additional period as he determines
necessary but in no event shall such additional period extend
beyond the fiftieth year which begins after the date of
initiation of construction of such project.
(b) Review.--Notwithstanding subsection (a), the Secretary
shall, at the request of the non-Federal interest, carry out a
study to determine the feasibility of extending the period of
nourishment described in subsection (a) for a period not to
exceed 15 additional years beyond the maximum period described
in subsection (a).
(c) Plan for Reducing Risk to People and Property.--
(1) In general.--As part of the review described in
subsection (b), the non-Federal interest shall submit
to the Secretary a plan for reducing risk to people and
property during the life of the project.
(2) Inclusion of plan in recommendation to
congress.--The Secretary shall include the plan
described in subsection (a) in the recommendations to
Congress described in subsection (d).
(d) Report to Congress.--Upon completion of the review
described in subsection (b), the Secretary shall--
(1) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives any
recommendations of the Secretary related to the review;
and
(2) include in the subsequent annual report to
Congress required under section 7001 of the Water
Resources Reform and Development Act of 2014, any
recommendations that require specific congressional
authorization.
(e) Special Rule.--Notwithstanding any other provision of
this section, for any existing authorized water resources
development project for which the maximum period for
nourishment described in subsection (a) will expire within the
5 year-period beginning on the date of enactment of the Water
Resources Reform and Development Act of 2014, that project
shall remain eligible for nourishment for an additional [3] 6
years after the expiration of such period.
----------
SECTION 5 OF THE ACT OF JUNE 22, 1936
AN ACT Authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes.
FLOOD CONTROL ACT OF 1936
Sec. 5. That pursuant to the policy outlined in sections 1
and 3, the following works of improvement, for the benefit of
navigation and the control of destructive flood waters and
other purposes, are hereby adopted and authorized to be
prosecuted, in order of their emergency as may be designated by
the President, under the direction of the Secretary of War and
supervision of the Chief of Engineers in accordance with the
plans in the respective reports and records hereinafter
designated: Provided, That penstocks or other similar
facilities, adapted to possible future use in the development
of adequate electric power may be installed in any dam herein
authorized when approved by the Secretary of War upon the
recommendation of the Chief of Engineers. Provided further,
That the Secretary of War is authorized to receive from States
and political subdivisions thereof and other non-Federal
interests, such funds as may be contributed by them for work,
which includes planning and design, to be expended in
connection with funds appropriated by the United States for any
authorized water resources development study or project,
including a project for navigation on the inland waterways,
whenever such work and expenditure may be considered by the
Secretary of War, on recommendation of the Chief of Engineers,
as advantageous in the public interest, and the plans for any
reservoir project may, in the discretion of the Secretary of
War, on recommendation of the Chief of Engineers, be modified
to provide additional storage capacity for domestic water
supply or other conservation storage, on condition that the
cost of such increased storage capacity is contributed by local
agencies and that the local agencies agree to utilize such
additional storage capacity in a manner consistent with Federal
uses and purposes: Provided, That the Secretary is authorized
to receive and expend funds from a State or a political
subdivision thereof, and other non-Federal interests or private
entities, to operate a hurricane barrier project to support
recreational activities at or in the vicinity of the project,
at no cost to the Federal Government, if the Secretary
determines that operation for such purpose is not inconsistent
with the operation and maintenance of the project for the
authorized purposes of the project: Provided further, That the
Secretary is authorized to receive and expend funds from a
State or a political subdivision thereof, and other non-Federal
interests, to formulate, review, or revise operational
documents for any reservoir for which the Secretary is
authorized to prescribe regulations for the use of storage
allocated for flood risk management or navigation pursuant to
section 7 of the Act of December 22, 1944 (58 Stat. 890,
chapter 665; 33 U.S.C. 709): Provided further, That when
contributions made by States and political subdivisions thereof
and other non-Federal interests, are in excess of the actual
cost of the work contemplated and properly chargeable to such
contributions, such excess contributions may, with the approval
of the Secretary of War, be returned to the proper
representatives of the contributing interests: Provided
further, That the term ``States'' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Federally recognized
Indian tribes: Provided further, That the term ``non-Federal
interest'' has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
----------
SECTION 301 OF THE WATER SUPPLY ACT OF 1958
Sec. 301. (a) It is hereby declared to be the policy of the
Congress to recognize the primary responsibilities of the
States and local interests in developing water supplies for
domestic, municipal, industrial, and other purposes and that
the Federal Government should participate and cooperate with
States and local interests in developing such water supplies in
connection with the construction, maintenance, and operation of
Federal navigation, flood control, irrigation, or multiple
purpose projects.
(b) In carrying out the policy set forth in this section, it
is provided that storage may be included in any reservoir
project surveyed, planned, constructed or to be planned,
surveyed and/or constructed by the Corps of Engineers or the
Bureau of Reclamation to impound water for present or
anticipated future demand or need for municipal or industrial
water, and the reasonable value thereof may be taken into
account in estimating the economic value of the entire project:
Provided, That the cost of any construction or modification
authorized under the provisions of this section shall be
determined on the basis that all authorized purposes served by
the project shall share equitably in the benefits of multiple
purpose construction, as determined by the Secretary of the
Army or the Secretary of the Interior, as the case may be:
Provided further, That before construction or modification of
any project including water supply provisions for present
demand is initiated, State or local interests shall agree to
pay for the cost of such provisions in accordance with the
provisions of this section: And provided further, That (1) for
Corps of Engineers projects, not to exceed 30 percent of the
total estimated cost of any project may be allocated to
anticipated future demands, and, (2) for Bureau of Reclamation
projects, not to exceed 30 per centum of the total estimated
cost of any project may be allocated to anticipated future
demands where State or local interests give reasonable
assurances, and there is reasonable evidence, that such demands
for the use of such storage will be made within a period of
time which will permit paying out the costs allocated to water
supply within the life of the project: And provided further,
That for Corps of Engineers projects, the Secretary of the Army
may permit the full non-Federal contribution to be made,
without interest, during construction of the project, or, with
interest, over a period of not more than thirty years from the
date of completion, with repayment contracts providing for
recalculation of the interest rate at, five-year intervals, and
for Bureau of Reclamation projects, the entire amount of the
construction costs, including interest during construction,
allocated to water supply shall be repaid within the life of
the project but in no event to exceed fifty years after the
project is first used for the storage of water for water supply
purposes, except that (1) no payment need be made with respect
to storage for future water supply until such supply is first
used, and (2) no interest shall be charged on such cost until
such supply is first used, but in no case shall the interest-
free period exceed ten years. For Corps of Engineers projects,
all annual operation, maintenance, and replacement costs for
municipal and industrial water supply storage under the
provisions of this section shall be reimbursed from State or
local interests on an annual basis. For Corps of Engineers
projects, any repayment by a State or local interest shall be
made with interest at a rate to be determined by the Secretary
of the Treasury, taking into consideration the average market
yields on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the
reimbursement period, during the month preceding the fiscal
year in which costs for the construction of the project are
first incurred (or, when a recalculation is made), plus a
premium of one-eighth of one percentage point for transaction
costs. For Bureau of Reclamation projects, the interest rate
used for purposes of computing interest during construction and
interest on the unpaid balance shall be determined by the
Secretary of the Treasury, as of the beginning of the fiscal
year in which construction is initiated, on the basis of the
computed average interest rate payable by the Treasury upon its
outstanding marketable public obligations, which are neither
due nor callable for redemption for fifteen years from date of
issue. The provisions of this subsection insofar as they relate
to the Bureau of Reclamation and the Secretary of the Interior
shall be alternative to and not a substitute for the provisions
of the Reclamation Projects Act of 1939 (53 Stat. 1187)
relating to the same subject.
(c) Release of Future Water Storage.--
(1) Establishment of 10-year plans for the
utilization of future storage.--
(A) In general.--For the period beginning 180
days after the date of enactment of this
paragraph and ending on January 1, 2016, the
Secretary may accept from a State or local
interest a plan for the utilization of
allocated water storage for future use under
this Act.
(B) Contents.--A plan submitted under
subparagraph (A) shall include--
(i) a 10-year timetable for the
conversion of future use storage to
present use; and
(ii) a schedule of actions that the
State or local interest agrees to carry
out over a 10-year period, in
cooperation with the Secretary, to seek
new and alternative users of future
water storage that is contracted to the
State or local interest on the date of
enactment of this paragraph.
(2) Future water storage.--For water resource
development projects managed by the Secretary, a State
or local interest that the Secretary determines has
complied with paragraph (1) may request from the
Secretary a release to the United States of any right
of the State or local interest to future water storage
under this Act that was allocated for future use water
supply prior to November 17, 1986.
(3) Administration.--
(A) In general.--Not later than 180 days
after receiving a request under paragraph (2),
the Secretary shall provide to the applicable
State or local interest a written decision on
whether the Secretary recommends releasing
future water storage rights.
(B) Recommendation.--If the Secretary
recommends releasing future water storage
rights, the Secretary shall include that
recommendation in the annual plan submitted
under section 7001 of the Water Resources
Reform and Development Act of 2014.
(4) Savings clause.--Nothing in this subsection
authorizes the Secretary to release a State or local
interest from a contractual obligation unless
specifically authorized by Congress.
(d) The provisions of this section shall not be construed to
modify the provisions of section 1 and section 8 of the Flood
Control Act of 1944 (58 Stat. 887), as amended and extended, or
the provisions of section 8 of the Reclamation Act of 1902 (32
Stat. 390).
(e) Modifications of a reservoir project heretofore
authorized, surveyed, planned, or constructed to include
storage as provided in subsection (b), which would seriously
affect the purposes for which the project was authorized,
surveyed, planned, or constructed, or which would involve major
structural or operational changes shall be made only upon the
approval of Congress as now provided by law.
[(f) The Committees of jurisdiction are very concerned about
the operation of projects in the Apalachicola-Chattahoochee-
Flint River System and the Alabama-Coosa-Tallapoosa River
System, and further, the Committees of jurisdiction recognize
that this ongoing water resources dispute raises serious
concerns related to the authority of the Secretary of the Army
to allocate substantial storage at projects to provide local
water supply pursuant to the Water Supply Act of 1958 absent
congressional approval. Interstate water disputes of this
nature are more properly addressed through interstate water
agreements that take into consideration the concerns of all
affected States including impacts to other authorized uses of
the projects, water supply for communities and major cities in
the region, water quality, freshwater flows to communities,
rivers, lakes, estuaries, and bays located downstream of
projects, agricultural uses, economic development, and other
appropriate concerns. To that end, the Committees of
jurisdiction strongly urge the Governors of the affected States
to reach agreement on an interstate water compact as soon as
possible, and we pledge our commitment to work with the
affected States to ensure prompt consideration and approval of
any such agreement. Absent such action, the Committees of
jurisdiction should consider appropriate legislation to address
these matters including any necessary clarifications to the
Water Supply Act of 1958 or other law. This subsection does not
alter existing rights or obligations under law.]
----------
ACT OF AUGUST 18, 1941
AN ACT Authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes.
Sec. 5. (a)(1) That there is authorized an emergency fund to
be expended in preparation for emergency response to any
natural disaster, in flood fighting and rescue operations, or
in the repair or restoration of any flood control work
threatened or destroyed by flood, including the strengthening,
raising, extending, or other modification thereof as may be
necessary in the discretion of the Chief of Engineers for the
adequate functioning of the work for flood control and subject
to the condition that the Chief of Engineers may include
modifications to the structure or project, or in implementation
of nonstructural alternatives to the repair or restoration of
such flood control work [if requested] after consultation with
the non-Federal sponsor and if requested and agreed to by the
non-Federal sponsor; in the emergency protection of federally
authorized hurricane or shore protection being threatened when
in the discretion of the Chief of Engineers such protection is
warranted to protect against imminent and substantial loss to
life and property; in the repair and restoration of any
federally authorized hurricane or shore protective structure or
project damaged or destroyed by wind, wave, or water action of
other than an ordinary nature to the design level of protection
when, in the discretion of the Chief of Engineers, such repair
and restoration is warranted for the adequate functioning of
the structure or project for hurricane or shore protection,
subject to the condition that the Chief of Engineers may
include modifications to the structure or project to address
major deficiencies or implement nonstructural alternatives to
the repair or restoration of the structure [if requested] after
consultation with the non-Federal sponsor and if requested and
agreed to by the non-Federal sponsor. The emergency fund may
also be expended for emergency dredging for restoration of
authorized project depths for Federal navigable channels and
waterways made necessary by flood, drought, earthquake, or
other natural disasters. In any case in which the Chief of
Engineers is otherwise performing work under this section in an
area for which the Governor of the affected State has requested
a determination that an emergency exists or a declaration that
a major disaster exists under the Disaster Relief and Emergency
Assistance Act, the Chief of Engineers is further authorized to
perform on public and private lands and waters for a period of
ten days following the Governor's request any emergency work
made necessary by such emergency or disaster which is essential
for the preservation of life and property, including, but not
limited to, channel clearance, emergency shore protection,
clearance and removal of debris and wreckage endangering public
health and safety, and temporary restoration of essential
public facilities and services. The Chief of Engineers, in the
exercise of his discretion, is further authorized to provide
emergency supplies of clean water, on such terms as he
determines to be advisable, to any locality which he finds is
confronted with a source of contaminated water causing or
likely to cause a substantial threat to the public health and
welfare of the inhabitants of the locality. The appropriation
of such moneys for the initial establishment of this fund and
for its replenishment on an annual basis, is authorized:
Provided, That pending the appropriation of sums to such
emergency fund, the Secretary of the Army may allot, from
existing flood-control appropriations, such sums as may be
necessary for the immediate prosecution of the work herein
authorized, such appropriations to be reimbursed from the
appropriation herein authorized when made. The Chief of
Engineers is authorized, in the prosecution of work in
connection with rescue operations, or in conducting other flood
emergency work, to acquire on a rental basis such motor
vehicles, including passenger cars and buses, as in his
discretion are deemed necessary.
(2) In preparing a cost and benefit feasibility assessment
for any emergency project described in paragraph (1), the Chief
of Engineers shall consider the benefits to be gained by such
project for the protection of--
(A) residential establishments;
(B) commercial establishments, including the
protection of inventory; and
(C) agricultural establishments, including the
protection of crops.
(b)(1) The Secretary, upon a written request for assistance
under this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination
by the Secretary that (A) as a result of the drought such
farmer, rancher, or political subdivision has an inadequate
supply of water, (B) an adequate supply of water can be made
available to such farmer, rancher, or political subdivision
through the construction of a well, and (C) as a result of the
drought such well could not be constructed by a private
business, the Secretary, subject to paragraph (3) of this
subsection, may enter into an agreement with such farmer,
rancher, or political subdivision for the construction of such
well.
(2) The Secretary, upon a written request for assistance
under this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination
by the Secretary that as a result of the drought such farmer,
rancher, or political subdivision has an inadequate supply of
water and water cannot be obtained by such farmer, rancher, or
political subdivision, the Secretary may transport water to
such farmer, rancher, or political subdivision by methods which
include, but are not limited to, small-diameter emergency water
lines and tank trucks, until such time as the Secretary
determines that an adequate supply of water is available to
such farmer, rancher, or political subdivision.
(3)(A) Any agreement entered into by the Secretary pursuant
to paragraph (1) of this subsection shall require the farmer,
rancher, or political subdivision for whom the well is
constructed to pay to the United States the reasonable cost of
such construction, with interest, over such number of years,
not to exceed thirty, as the Secretary deems appropriate. The
rate of interest shall be that rate which the Secretary
determines would apply if the amount to be repaid was a loan
made pursuant to section 7(b)(2) of the Small Business Act.
(B) The Secretary shall not construct any well pursuant to
this subsection unless the farmer, rancher, or political
subdivision for whom the well is being constructed has
obtained, prior to construction, all necessary State and local
permits.
(4) The Federal share for the transportation of water
pursuant to paragraph (2) of this subsection shall be 100 per
centum.
(5) For purposes of this subsection--
(A) the term ``construction'' includes construction,
reconstruction, or repair;
(B) the term ``distressed area'' means an area which
the Secretary determines due to drought conditions has
an inadequate water supply which is causing, or is
likely to cause, a substantial threat to the health and
welfare of the inhabitants of the area including threat
of damage or loss of property;
(C) the term ``political subdivision'' means a city,
town, borough, county, parish, district, association,
or other public body created by or pursuant to State
law and having jurisdiction over the water supply of
such public body;
(D) the term ``reasonable cost'' means the lesser of
(i) the cost to the Secretary of constructing a well
pursuant to this subsection exclusive of the cost of
transporting equipment used in the construction of
wells, or (ii) the cost to a private business of
constructing such well;
(E) the term ``Secretary'' means the Secretary of the
Army, acting through the Chief of Engineers; and
(F) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
(c) Levee Owners Manual.--
(1) In general.--Not later than 1 year after the date
of the enactment of this subsection, in accordance with
chapter 5 of title 5, United States Code, the Secretary
of the Army shall prepare a manual describing the
maintenance and upkeep responsibilities that the Corps
of Engineers requires of a non-Federal interest in
order for the non-Federal interest to receive Federal
assistance under this section. The Secretary shall
provide a copy of the manual at no cost to each non-
Federal interest that is eligible to receive Federal
assistance under this section.
(2) Authorization of appropriations.--There is
authorized to be appropriated $1,000,000 to carry out
this subsection.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Maintenance and upkeep.--The term
``maintenance and upkeep'' means all
maintenance and general upkeep of a levee
performed on a regular and consistent basis
that is not repair and rehabilitation.
(B) Repair and rehabilitation.--The term
``repair and rehabilitation''--
(i) means the repair or rebuilding of
a levee or other flood control
structure, after the structure has been
damaged by a flood, to the level of
protection provided by the structure
before the flood; but
(ii) does not include--
(I) any improvement to the
structure; or
(II) repair or rebuilding
described in clause (i) if, in
the normal course of usage, the
structure becomes structurally
unsound and is no longer fit to
provide the level of protection
for which the structure was
designed.
* * * * * * *
----------
ESTUARY RESTORATION ACT OF 2000
* * * * * * *
TITLE I--ESTUARY RESTORATION
* * * * * * *
SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.
(a) Establishment.--There is established an estuary habitat
restoration program under which the Secretary may carry out
estuary habitat restoration projects and provide technical
assistance through the award of contracts and cooperative
agreements in accordance with the requirements of this title.
(b) Origin of Projects.--A proposed estuary habitat
restoration project shall originate from a non-Federal interest
consistent with State or local laws.
(c) Selection of Projects.--
(1) In general.--The Secretary shall select estuary
habitat restoration projects from a list of project
proposals submitted by the Estuary Habitat Restoration
Council under section 105(b).
(2) Required elements.--Each estuary habitat
restoration project selected by the Secretary must--
(A) address restoration needs identified in
an estuary habitat restoration plan;
(B) be consistent with the estuary habitat
restoration strategy developed under section
106;
(C) include a monitoring plan that is
consistent with standards for monitoring
developed under section 107 to ensure that
short-term and long-term restoration goals are
achieved; and
(D) include satisfactory assurance from the
non-Federal interests proposing the project
that the non-Federal interests will have
adequate personnel, funding, and authority to
carry out items of local cooperation and
properly maintain the project.
(3) Factors for selection of projects.--In selecting
an estuary habitat restoration project, the Secretary
shall consider the following factors:
(A) Whether the project is part of an
approved Federal or State estuary management or
habitat restoration plan.
(B) The technical feasibility of the project.
(C) The scientific merit of the project.
(D) Whether the project will encourage
increased coordination and cooperation among
Federal, State, and local government agencies.
(E) Whether the project fosters public-
private partnerships and uses Federal resources
to encourage increased private sector
involvement, including consideration of the
amount of private funds or in-kind
contributions for an estuary habitat
restoration activity.
(F) Whether the project is cost-effective.
(G) Whether the State in which the non-
Federal interest is proposing the project has a
dedicated source of funding to acquire or
restore estuary habitat, natural areas, and
open spaces for the benefit of estuary habitat
restoration or protection.
(H) Other factors that the Secretary
determines to be reasonable and necessary for
consideration.
(4) Priority.--In selecting estuary habitat
restoration projects to be carried out under this
title, the Secretary shall give priority consideration
to a project if, in addition to meriting selection
based on the factors under paragraph (3)--
(A) the project occurs within a watershed in
which there is a program being carried out that
addresses sources of pollution and other
activities that otherwise would re-impair the
restored habitat; or
(B) the project includes pilot testing of or
a demonstration of an innovative technology or
approach having the potential for improved
cost-effectiveness in estuary habitat
restoration.
(d) Cost Sharing.--
(1) Federal share.--
(A) In general.--Except as provided in
paragraph (2) and subsection (e)(2), the
Federal share of the cost of an estuary habitat
restoration project (other than the cost of
operation and maintenance of the project)
carried out under this title shall not exceed
65 percent of such cost.
(B) Monitoring.--
(i) Costs.--The costs of monitoring
an estuary habitat restoration project
funded under this title may be included
in the total cost of the estuary
habitat restoration project.
(ii) Goals.--The goals of the
monitoring shall be--
(I) to measure the
effectiveness of the
restoration project; and
(II) to allow adaptive
management to ensure project
success.
(2) Innovative technology costs.--The Federal share
of the incremental additional cost of including in a
project pilot testing of or a demonstration of an
innovative technology or approach described in
subsection (c)(4)(B) shall be 85 percent.
(3) Non-federal share.--The non-Federal share of the
cost of an estuary habitat restoration project carried
out under this title shall include lands, easements,
rights-of-way, and relocations and may include services
(including monitoring), or any other form of in-kind
contribution determined by the Secretary to be an
appropriate contribution equivalent to the monetary
amount required for the non-Federal share of the
activity.
(4) Operation and maintenance.--The non-Federal
interests shall be responsible for all costs associated
with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this
section.
(e) Interim Actions.--
(1) In general.--Pending completion of the estuary
habitat restoration strategy to be developed under
section 106, the Secretary may take interim actions to
carry out an estuary habitat restoration activity.
(2) Federal share.--The Federal share of the cost of
an estuary habitat restoration activity before the
completion of the estuary habitat restoration strategy
shall not exceed 25 percent of such cost.
(f) Cooperation of Non-Federal Interests.--
(1) In general.--The Secretary may not carry out an
estuary habitat restoration project until a non-Federal
interest has entered into a written agreement with the
Secretary in which the non-Federal interest agrees to--
(A) provide all lands, easements, rights-of-
way, and relocations and any other elements the
Secretary determines appropriate under
subsection (d)(3); and
(B) provide for long-term maintenance and
monitoring of the project.
(2) Nongovernmental organizations.--Notwithstanding
section 221(b) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(b)), for any project to be undertaken
under this title, the Secretary, in consultation and
coordination with appropriate State and local
governmental agencies and Indian tribes, may allow a
nongovernmental organization to serve as the non-
Federal interest for the project.
(3) Project agreements.--For a project carried out
under this title, the requirements of section 103(j)(1)
of the Water Resources Development Act of 1986 (33
U.S.C. 2213(j)(1)) may be fulfilled by a
nongovernmental organization serving as the non-Federal
interest for the project pursuant to paragraph (2).
(g) Delegation of Project Implementation.--
(1) In general.--In carrying out this title, the
Secretary may delegate project implementation to
another Federal department or agency on a reimbursable
basis if the Secretary, upon the recommendation of the
Council, determines such delegation is appropriate.
(2) Small projects.--
(A) Small project defined.--In this
paragraph, the term ``small project'' means a
project carried out under this title with an
estimated Federal cost of less than $1,000,000.
(B) Delegation of project implementation.--In
carrying out this section, the Secretary, on
recommendation of the Council, may delegate
implementation of a small project to--
(i) the Secretary of the Interior
(acting through the Director of the
United States Fish and Wildlife
Service);
(ii) the Under Secretary for Oceans
and Atmosphere of the Department of
Commerce;
(iii) the Administrator of the
Environmental Protection Agency; or
(iv) the Secretary of Agriculture.
(C) Funding.--A small project delegated to
the head of a Federal department or agency
under this paragraph may be carried out using
funds appropriated to the department or agency
under section 109(a)(1) or other funds
available to the department or agency.
(D) Agreements.--The head of a Federal
department or agency to which a small project
is delegated under this paragraph shall enter
into an agreement with the non-Federal interest
for the project generally in conformance with
the criteria in subsections (d) and (e).
Cooperative agreements may be used for any
delegated project to allow the non-Federal
interest to carry out the project on behalf of
the Federal agency.
* * * * * * *
SEC. 109. FUNDING.
(a) Authorization of Appropriations.--
(1) Estuary habitat restoration projects.--There is
authorized to be appropriated for carrying out and
providing technical assistance for estuary habitat
restoration projects--
(A) to the Secretary, $25,000,000 for each of
fiscal years 2008 through [2012] 2021;
(B) to the Secretary of the Interior (acting
through the Director of the United States Fish
and Wildlife Service), $2,500,000 for each of
fiscal years 2008 through [2012] 2021;
(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce,
$2,500,000 for each of fiscal years 2008
through [2012] 2021;
(D) to the Administrator of the Environmental
Protection Agency, $2,500,000 for each of
fiscal years 2008 through [2012] 2021; and
(E) to the Secretary of Agriculture,
$2,500,000 for each of fiscal years 2008
through [2012] 2021.
Such sums shall remain available until expended.
(2) Monitoring.--There is authorized to be
appropriated to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce for the
acquisition, maintenance, and management of monitoring
data on restoration projects carried out under this
title and other information compiled under section 107,
$1,500,000 for each of fiscal years 2001 through [2012]
2021. Such sums shall remain available until expended.
(b) Set-Aside for Administrative Expenses of the Council.--
Not to exceed 3 percent of the amounts appropriated for a
fiscal year under subsection (a)(1) or $1,500,000, whichever is
greater, may be used by the Secretary for administration and
operation of the Council.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 1974
* * * * * * *
Sec. 22. (a) Federal State Cooperation.--
(1) Comprehensive plans.--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State [or other non-Federal
interest], group of States, or non-Federal interest
working with a State or group of States in the
preparation of comprehensive plans for the development,
utilization, and conservation of the water and related
resources of drainage basins, watersheds, or ecosystems
located within the boundaries of such State or group of
States, including plans to comprehensively address
water resources challenges, and to submit to Congress
reports and recommendations with respect to appropriate
Federal participation in carrying out such plans.
(2) Technical assistance.--
(A) In general.--At the request of a
governmental agency or non-Federal interest,
the Secretary may provide technical assistance
to such agency or non-Federal interest in
managing water resources.
(B) Types of assistance.--Technical
assistance under this paragraph may include
provision and integration of hydrologic,
economic, and environmental data and analyses.
(b) Fees.--
(1) Establishmenant and collection.--For the purpose
of recovering 50 percent of the total cost of providing
assistance pursuant to subsection (a), the Secretary of
the Army is authorized to establish appropriate fees,
as determined by the Secretary, and to collect such
fees from States and other non-Federal public bodies to
whom assistance is provided under subsection (a).
(2) Contributed funds.--The Secretary may accept and
expend funds in excess of the fees established under
paragraph (1) that are provided by a State or other
non-Federal interest for assistance under this section.
(3) In-kind services.--The non-Federal contribution
for preparation of a plan subject to the cost sharing
program under this subsection may be made by the
provision of services, materials, supplies, or other
in-kind services necessary to prepare the plan.
(4) Deposit and use.--Fees collected under this
subsectionshall be deposited into the account in the
Treasury of theUnited States entitled, ``Contributions
and Advances, Rivers and Harbors, Corps of Engineers
(8862)'' and shall be available untilexpended to carry
out this section.
(c) Authorization of Appropriations.--
(1) Federal and state cooperation.--There is
authorized to be appropriated not to exceed $30,000,000
annually to carry out subsection (a)(1), except that
not more than $5,000,000 in Federal funds shall be
expended in any one year in any one State. The
Secretary may allow 2 or more States to combine all or
a portion of the funds that the Secretary makes
available to the States in carrying out subsection
(a)(1).
(2) Technical assistance.--There is authorized to be
appropriated $15,000,000 annually to carry out
subsection (a)(2), of which not more than $2,000,000
annually may be used by the Secretary to enter into
cooperative agreements with nonprofit organizations to
provide assistance to rural and small communities.
(d) Annual Submission of Proposed Activities.--Concurrent
with the President's submission to Congress of the President's
request for appropriations for the Civil Works Program for a
fiscal year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the individual
activities proposed for funding under subsection (a)(1) for
that fiscal year.
(e) For the purposes of this section, the term ``State''
means theseveral States of the United States, Indian tribes,
the Commonwealth of PuertoRico, Guam, American Samoa, the
Virgin Islands, the Commonwealthof the Northern Marianas, and
the Trust Territory of thePacific Islands.
----------
FLOOD CONTROL ACT OF 1970
SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.
(a) Cooperation of Non-Federal Interest.--
(1) In general.--After December 31, 1970, the
construction of any water resources project, or an
acceptable separable element thereof, by the Secretary
of the Army, acting through the Chief of Engineers, or
by a non-Federal interest where such interest will be
reimbursed for such construction under any provision of
law, shall not be commenced until each non-Federal
interest has entered into a written partnership
agreement with the Secretary (or, where appropriate,
the district engineer for the district in which the
project will be carried out) under which each party
agrees to carry out its responsibilities and
requirements for implementation or construction of the
project or the appropriate element of the project, as
the case may be; except that no such agreement shall be
required if the Secretary determines that the
administrative costs associated with negotiating,
executing, or administering the agreement would exceed
the amount of the contribution required from the non-
Federal interest and are less than $25,000.
(2) Liquidated damages.--A partnership agreement
described in paragraph (1) may include a provision for
liquidated damages in the event of a failure of one or
more parties to perform.
(3) Obligation of future appropriations.--In any
partnership agreement described in paragraph (1) and
entered into by a State, or a body politic of the State
which derives its powers from the State constitution,
or a governmental entity created by the State
legislature, the agreement may reflect that it does not
obligate future appropriations for such performance and
payment when obligating future appropriations would be
inconsistent with constitutional or statutory
limitations of the State or a political subdivision of
the State.
(4) Credit for in-kind contributions.--
(A) In general.--A partnership agreement
described in paragraph (1) may provide with
respect to a project that the Secretary shall
credit toward the non-Federal share of the cost
of the project, including a project implemented
without specific authorization in law or a
project under an environmental infrastructure
assistance program, the value of in-kind
contributions made by the non-Federal interest,
including--
(i) the costs of planning (including
data collection), design, management,
mitigation, construction, and
construction services that are provided
by the non-Federal interest for
implementation of the project;
(ii) the value of materials or
services provided before execution of
the partnership agreement, including
efforts on constructed elements
incorporated into the project; and
(iii) the value of materials and
services provided after execution of
the partnership agreement.
(B) Condition.--The Secretary may credit an
in-kind contribution under subparagraph (A)
only if the Secretary determines that the
material or service provided as an in-kind
contribution is integral to the project.
(C) Work performed before partnership
agreement.--
(i) Construction.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of construction carried
out by the non-Federal interest
before execution of a
partnership agreement and that
construction has not been
carried out as of November 8,
2007, the Secretary and the
non-Federal interest shall
enter into an agreement under
which the non-Federal interest
shall carry out such work and
shall do so prior to the non-
Federal interest initiating
construction or issuing a
written notice to proceed for
the construction.
(II) Eligibility.--
Construction that is carried
out after the execution of an
agreement to carry out work
described in subclause (I) and
any design activities that are
required for that construction,
even if the design activity is
carried out prior to the
execution of the agreement to
carry out work, shall be
eligible for credit.
(ii) Planning.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of planning carried out by
the non-Federal interest before
execution of a feasibility
cost-sharing agreement, the
Secretary and the non-Federal
interest shall enter into an
agreement under which the non-
Federal interest shall carry
out such work and shall do so
prior to the non-Federal
interest initiating that
planning.
(II) Eligibility.--Planning
that is carried out by the non-
Federal interest after the
execution of an agreement to
carry out work described in
subclause (I) shall be eligible
for credit.
(D) Limitations.--Credit authorized under
this paragraph for a project--
(i) shall not exceed the non-Federal
share of the cost of the project;
(ii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101(a)(2)
and 103(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C.
2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of
the Water Resources Development Act of
1986 (33 U.S.C. 2211; 33 U.S.C. 2213);
and
(iii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101 and 103
of the Water Resources Development Act
of 1986 (33 U.S.C. 2211; 33 U.S.C.
2213); and
(iv) shall not exceed the actual and
reasonable costs of the materials,
services, or other things provided by
the non-Federal interest, as determined
by the Secretary.
(E) Analysis of costs and benefits.--In the
evaluation of the costs and benefits of a
project, the Secretary shall not consider
construction carried out by a non-Federal
interest under this subsection as part of the
future without project condition.
(F) Transfer of credit between separable
elements of a project.--Credit for in-kind
contributions provided by a non-Federal
interest that are in excess of the non-Federal
cost share for an authorized separable element
of a project may be applied toward the non-
Federal cost share for a different authorized
separable element of the same project.
(G) Application of credit.--
(i) In general.--To the extent that
credit for in-kind contributions, as
limited by subparagraph (D), and credit
for required land, easements, rights-
of-way, dredged material disposal
areas, and relocations provided by the
non-Federal interest exceed the non-
Federal share of the cost of
construction of a project other than a
navigation project, the Secretary,
subject to the availability of funds,
shall enter into a reimbursement
agreement with the non-Federal
interest, which shall be in addition to
a partnership agreement under
subparagraph (A), to reimburse the
difference to the non-Federal interest.
(ii) Priority.--If appropriated funds
are insufficient to cover the full cost
of all requested reimbursement
agreements under clause (i), the
Secretary shall enter into
reimbursement agreements in the order
in which requests for such agreements
are received.
(H) Applicability.--
(i) In general.--This paragraph shall
apply to water resources projects
authorized after November 16, 1986,
including projects initiated after
November 16, 1986, without specific
authorization in law, and to water
resources projects authorized prior to
the date of enactment of the Water
Resources Development Act of 1986
(Public Law 99-662), if correction of
design deficiencies is necessary.
(ii) Authorization as
addition to other
authorizations.--The
authority of the
Secretary to provide
credit for in-kind
contributions pursuant
to this paragraph shall
be in addition to any
other authorization to
provide credit for in-
kind contributions and
shall not be construed
as a limitation on such
other authorization.
The Secretary shall
apply the provisions of
this paragraph, in lieu
of provisions under
other crediting
authority, only if so
requested by the non-
Federal interest.
(b) Definition of Non-Federal Interest.--The term ``non-
Federal interest'' means--
(1) a legally constituted public body (including a
federally recognized Indian tribe and, as defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602), a Native village, Regional
Corporation, and Village Corporation); or
(2) a nonprofit entity with the consent of the
affected local government,
that has full authority and capability to perform the terms of
its agreement and to pay damages, if necessary, in the event of
failure to perform.
(c) Every agreement entered into pursuant to this section
shall beenforcible in the appropriate district court of the
United States.
(d) After commencement of construction of a project, the
Chief ofEngineers may undertake performance of those items of
cooperationnecessary to the functioning of the project for its
purposes, if he hasfirst notified the non-Federal interest of
its failure to perform theterms of its agreement and has given
such interest a reasonable timeafter such notification to so
perform.
(e) Delegation of Authority.--Not later than June 30, 2008,
the Secretary shall issue policies and guidelines for
partnership agreements that delegate to the district engineers,
at a minimum--
(1) the authority to approve any policy in a
partnership agreement that has appeared in an agreement
previously approved by the Secretary;
(2) the authority to approve any policy in a
partnership agreement the specific terms of which are
dictated by law or by a final feasibility study, final
environmental impact statement, or other final decision
document for a water resources project;
(3) the authority to approve any partnership
agreement that complies with the policies and
guidelines issued by the Secretary; and
(4) the authority to sign any partnership agreement
for any water resources project unless, within 30 days
of the date of authorization of the project, the
Secretary notifies the district engineer in which the
project will be carried out that the Secretary wishes
to retain the prerogative to sign the partnership
agreement for that project.
(f) Report to Congress.--Not later than 2 years after the
date of enactment of this subsection, and every year
thereafter, the Secretary shall submit to Congress a report
detailing the following:
(1) The number of partnership agreements signed by
district engineers and the number of partnership
agreements signed by the Secretary.
(2) For any partnership agreement signed by the
Secretary, an explanation of why delegation to the
district engineer was not appropriate.
(g) Public Availability.--Not later than 120 days after the
date of enactment of this subsection, the Chief of Engineers
shall--
(1) ensure that each district engineer has made
available to the public, including on the Internet, all
partnership agreements entered into under this section
within the preceding 10 years and all partnership
agreements for water resources projects currently being
carried out in that district; and
(2) make each partnership agreement entered into
after such date of enactment available to the public,
including on the Internet, not later than 7 days after
the date on which such agreement is entered into.
(h) This section shall not apply to any project the
construction ofwhich was commenced before January 1,1972.
----------
ACT OF DECEMBER 22, 1944
AN ACT Authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, In connection
with the exercise of jurisdiction over the rivers of the Nation
through the construction of works of improvement, for
navigation or flood control, as herein authorized, it is
declared to be the policy of the Congress to recognize the
interests and rights of the States in determining the
development of the watersheds within their borders and likewise
their interests and rights in water utilization and control, as
herein authorized to preserve and protect to the fullest
possible extent established and potential uses, for all
purposes, of the waters of the Nation's rivers; to facilitate
the consideration of projects on a basis of comprehensive and
coordinated development; and to limit the authorization and
construction of navigation works to those in which a
substantial benefit to navigation will be realized therefrom
and which can be operated consistently with appropriate and
economic use of the waters of such rivers by other users.
In conformity with this policy:
(a) Plans, proposals, or reports of the Chief of Engineers,
Department of the Army, for any works of improvement for
navigation or flood control not heretofore or herein
authorized, shall be submitted to the Congress only upon
compliance with the provisions of this paragraph (a).
Investigations which form the basis of any such plans,
proposals, or reports shall be conducted in such a manner as to
give to the affected State or States, during the course of the
investigations, information developed by the investigations and
also opportunity for consultation regarding plans and
proposals, and, to the extent deemed practicable by the Chief
of Engineers, opportunity to cooperate in the investigations.
If such investigations in whole or part are concerned with the
use or control of waters arising west of the ninety-seventh
meridian, the Chief of Engineers shall give to the Secretary of
the Interior, during the course of the investigations,
information developed by the investigations and also
opportunity for consultation regarding plans and proposals, and
to the extent deemed practicable by the Chief of Engineers,
opportunity to cooperate in the investigations. The relations
of the Chief of Engineers with any State under this paragraph
(a) shall be with the Governor of the State or such official or
agency of the State as the Governor may designate. The term
``affected State or States'' shall include those in which the
works or any part thereof are proposed to be located; those
which in whole or part are both within the drainage basin
involved and situated in a State lying wholly or in part west
of the ninety-eighth meridian; and such of those which are east
of the ninety-eighth meridian as, in the judgment of the Chief
of Engineers, will be substantially affected. Such plans,
proposals, or reports and related investigations shall be made
to the end, among other things, of facilitating the
coordination of plans for the construction and operation of the
proposed works with other plans involving the waters which
would be used or controlled by such proposed works. Each report
submitting any such plans or proposals to the Congress shall
set out therein, among other things, the relationship between
the plans for construction and operation of the proposed works
and the plans, if any, submitted by the affected States and by
the Secretary of the Interior. The Chief of Engineers shall
transmit a copy of his proposed report to each affected State,
and, in case the plans or proposals covered by the report are
concerned with the use or control of waters which rise in whole
or in part west of the ninety-seventh meridian, to the
Secretary of the Interior. Within 30 days from the date of
receipt of said proposed report, the written views and
recommendations of each affected State and of the Secretary of
the Interior may be submitted to the Chief of Engineers. The
Secretary of the Army shall transmit to the Congress, with such
comments and recommendations as he deems appropriate, the
proposed report together with the submitted views and
recommendations of affected States and of the Secretary of the
Interior. The Secretary of the Army may prepare and make said
transmittal any time following said 30-day period. The letter
of transmittal and its attachments shall be printed as a House
or Senate document and shall be made publicly available.
(b) The use for navigation, in connection with the operation
and maintenance of such works herein authorized for
construction, of waters arising in States lying wholly or
partly west of the ninety-eighth meridian shall be only such
use as does not conflict with any beneficial consumptive use,
present or future, in States lying wholly or partly west of the
ninety-eighth meridian, of such waters for domestic, municipal,
stock water, irrigation, mining, or industrial purposes.
(c) The Secretary of the Interior, in making investigations
of and reports on works for irrigation and purposes incidental
thereto shall, in relation to an affected State or States (as
defined in paragraph (a) of this section), and to the Secretary
of the Army, be subject to the same provisions regarding
investigations, plans, proposals, and reports as prescribed in
paragraph (a) of this section for the Chief of Engineers and
the Secretary of the Army. In the event a submission of views
and recommendations, made by an affected State or by the
Secretary of the Army pursuant to said provisions, sets forth
objections to the plans or proposals covered by the report of
the Secretary of the Interior, the proposed works shall not be
deemed authorized except upon approval by an Act of Congress;
and section 9 (a) of the Reclamation Project Act of 1939 (53
Stat. 1187) and subsection 3 (a) of the Act of August 11, 1939
(53 Stat. 1418), as amended, are hereby amended accordingly.
* * * * * * *
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WATER RESOURCES DEVELOPMENT ACT OF 1992
* * * * * * *
TITLE II--GENERALLY APPLICABLE PROVISIONS
* * * * * * *
SEC. 213. USE OF DOMESTIC PRODUCTS.
(a) Compliance With Buy American Act.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall ensure that procurements with funds
appropriated to carry out this Act are conducted in
compliance with sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-l0c), popularly known as
the ``Buy American Act''.
(2) Limitation on applicability.--This subsection
shall apply only to procurements made for which--
(A) amounts are authorized by this Act to be
made available; and
(B) solicitations for bids are issued after
the date of the enactment of this Act.
(3) Reports.--The Secretary shall report to Congress
on procurements covered under this subsection of
products that are not domestic products.
(4) Annual report on purchase of foreign manufactured
articles.--
(A) In general.--Not later than 90 days after
the last day of each fiscal year, the Secretary
shall submit to Congress a report on the amount
of acquisitions in such fiscal year made by the
Corps of Engineers for civil works projects
from entities that manufactured the articles,
materials, or supplies outside of the United
States.
(B) Contents.--The report required under
subparagraph (A) shall indicate, for each
acquisition--
(i) the dollar value of any articles,
materials, or supplies purchased that
were manufactured outside of the United
States; and
(ii) a summary of the total
procurement funds spent on goods
manufactured in the United States and
the total procurement funds spent on
goods manufactured outside of the
United States.
(C) Public availability.--Not later than 30
days after the submission of a report under
subparagraph (A), the Secretary shall make such
report publicly available on the agency's Web
site.
(b) Definitions.--For the purposes of this section, the term
"domestic product" means a product--
(1) that is manufactured or produced in the United
States; and
(2) at least 50 percent of the cost of the articles,
materials, or supplies of which are mined, produced, or
manufactured in the United States.
* * * * * * *
TITLE IV--INFRASTRUCTURE TECHNOLOGY, RESEARCH AND DEVELOPMENT
SEC. 401. INTERNATIONAL OUTREACH PROGRAM.
[(a) In General.--The Secretary is authorized to engage in
activities to inform the United States maritime industry and
port authorities of technological innovations abroad that could
significantly improve waterborne transportation in the United
States, both inland and deep draft. Such activities may
include--
[(1) development, monitoring, assessment, and
dissemination of information about foreign water
transportation and port facilities that could
significantly improve water transportation in the
United States;
[(2) research, development, training, and other forms
of technology transfer and exchange; and
[(3) offering technical services which cannot be
readily obtained in the private sector to be
incorporated in the proposals of port authorities or
other water transportation developers if the costs for
assistance will be recovered under the terms of each
project.]
(a) Authorization.--
(1) In general.--The Secretary may engage in
activities to inform the United States of technological
innovations abroad that could significantly improve
water resources development in the United States.
(2) Inclusions.--Activities under paragraph (1) may
include--
(A) development, monitoring, assessment, and
dissemination of information about foreign
water resources projects that could
significantly improve water resources
development in the United States;
(B) research, development, training, and
other forms of technology transfer and
exchange; and
(C) offering technical services that cannot
be readily obtained in the private sector to be
incorporated into water resources projects if
the costs for assistance will be recovered
under the terms of each project.
(b) Cooperation.--The Secretary may carry out the provisions
of this section in cooperation with Federal departments and
agencies, State and local agencies, authorities, institutions,
corporations (profit or nonprofit), foreign governments, or
other organizations.
(c) Funding.--The funds to carry out the provisions of this
section shall include funds deposited in a special account with
the Secretary of the Treasury for such purposes by any
cooperating entity or organization according to cost-sharing
agreements proscribed by the Secretary. Reimbursement for
services provided under this section shall be credited to the
appropriation concerned.
* * * * * * *
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WATER RESOURCES DEVELOPMENT ACT OF 1988
* * * * * * *
SEC. 38. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE DELAWARE
RIVER.
(a) Area To Be Declared Non-Navigable; Public Interest.--
Unless the Secretary finds, after consultation with local and
regionalpublic officials (including local and regional public
planning organizations), that the proposed projects in
Philadelphia, Pennsylvania, to be undertaken within the
boundaries described below,are not in the public interest then,
subject to subsections (b) and (c) of this section, those
portions of the Delaware River, bounded anddescribed as
follows, are declared to be non-navigable waters of theUnited
States:
(1) Liberty Landing.--[Omitted]
(2) Marina Towers and World Trade Center-Pier 25
North.--[Omitted]
(3) Marine Trade Center-Pier 24 North.--[Omitted]
(4) National Sugar Company ``Sugar House''.--
[Omitted]
(5) Rivercenter.--[Omitted]
(b) Limits on Applicability; Regulatory Requirement.--The
declaration under subsection (a) shall apply only to those
parts of the areas described in subsection (a) of this section
which are or will be bulk headed and filled or otherwise
occupied by permanent structures, including marina facilities.
All such work is subject to all applicable Federal statutes and
regulations, including, but not necessarily limited to,
sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151;
33 U.S.C. 401 and 403), commonly known as the River and Harbors
Appropriation Act of 1899, section 404 of the Federal Water
Pollution Control Act, and the National Environmental Policy
Act of 1969.
(c) Expiration Date.--If, 20 years from the date of the
enactment of this Act, any area or part thereof described in
subsection (a) [(except 30 years from such date of enactment,
in the case of the area or any part thereof described in
subsection (a)(5))] is not bulk headed or filled or occupied by
permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (b) of
this section, or if work in connection with any activity
permitted in subsection (b) is not commenced within 5 years
after issuance of such permits, then the declaration of non-
navigability for such area or part thereof shall expire.
Notwithstanding the preceding sentence, the declaration of
nonnavigability for the area described in subsection (a)(5), or
any part thereof, shall not expire.
* * * * * * *
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