II 

Calendar No. 488 

115TH CONGRESS 

2D SESSION H. R. 8 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2018 

Received 

JUNE 26, 2018 

Read twice and placed on the calendar 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Water Resources Development Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 


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TITLE I—GENERAL PROVISIONS 

Sec. 101. Sense of Congress regarding water resources development bills. 

Sec. 102. Assessment of harbors and inland harbors. 

Sec. 103. Levee safety initiative reauthorization. 

Sec. 104. Dam safety. 

Sec. 105. Rehabilitation of Corps of Engineers constructed dams. 

Sec. 106. Forecast-informed reservoir operations. 

Sec. 107. Identification of nonpowered dams for hydropower development. 

Sec. 108. Emergency response to natural disasters. 

Sec. 109. Integrated water resources planning. 

Sec. 110. Mitigation banks. 

Sec. 111. Indian Tribes. 

Sec. 112. Columbia River. 

Sec. 113. Dissemination of information. 

Sec. 114. Non-Federal engagement and review. 

Sec. 115. Comprehensive backlog report. 

Sec. 116. Structures and facilities constructed by Secretary. 

Sec. 117. Transparency in administrative expenses. 

Sec. 118. Study of the future of the United States Army Corps of Engineers. 

Sec. 119. Acknowledgment of credit. 

Sec. 120. Non-Federal implementation pilot program. 

Sec. 121. Study of water resources development projects by non-Federal interests. 

Sec. 122. Construction of water resources development projects by non-Federal 

interests. 

Sec. 123. Technical assistance for regional coalitions. 

Sec. 124. Advanced funds for water resources development studies and projects. 

Sec. 125. Funding to process permits. 

Sec. 126. Study on economic and budgetary analyses. 

Sec. 127. Study of corrosion management at Corps of Engineers projects. 

Sec. 128. Costs in excess of Federal participation limit. 

Sec. 129. Report on innovative materials. 

Sec. 130. Study on Corps of Engineers. 

Sec. 131. GAO study. 

Sec. 132. GAO report on Alaska Native village relocation efforts due to flooding 

and erosion threats. 

Sec. 133. Study and report on expediting certain waiver processes. 

Sec. 134. Corps of Engineers continuing authorities program. 

Sec. 135. Credit or reimbursement. 

Sec. 136. Lake Okeechobee regulation schedule review. 

Sec. 137. Missouri River. 

Sec. 138. Access to real estate data. 

Sec. 139. Aquatic invasive species research. 

Sec. 140. Harmful algal bloom technology demonstration. 

Sec. 141. Bubbly Creek, Chicago ecosystem restoration. 

Sec. 142. Operation and maintenance of navigation and hydroelectric facilities. 

Sec. 143. Hurricane and storm damage reduction. 

Sec. 144. Post-disaster watershed assessments in the territories of the United 

States. 

Sec. 145. Old River control structure, Louisiana. 

Sec. 146. Dredge pilot program. 

Sec. 147. Disposition of projects. 

Sec. 148. Sense of Congress. 

Sec. 149. Community engagement. 


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Sec. 150. Operation and maintenance of existing infrastructure. 

Sec. 151. Clarification for integral determination. 

Sec. 152. Cost share payment for certain projects. 

Sec. 153. Locks on Allegheny River. 

Sec. 154. Assistance relating to water supply. 

Sec. 155. Noise pollution abatement and mitigation. 

Sec. 156. Property acquisition. 

Sec. 157. Sense of Congress on navigation safety. 

Sec. 158. Cost and benefit feasibility assessment. 

Sec. 159. Study on Stormwater Runoff Requirements. 

Sec. 160. Sense of Congress relating to Puerto Rico. 

Sec. 161. Dredged material management plans. 

Sec. 162. Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers 

Project, Illinois. 

Sec. 163. Sense of Congress encouraging non-Federal dredged material placement sponsors. 

Sec. 164. Project completion for disaster areas. 

Sec. 165. Inclusion of project or facility in Corps of Engineers workplan. 

Sec. 166. Mississippi River and Tributaries Project. 

Sec. 167. Maintenance of high risk flood control projects. 

Sec. 168. Contributed funds for non-Federal reservoir operations. 

Sec. 169. Corps of Engineers continuing authorities program. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 

Sec. 202. Additional studies. 

Sec. 203. Expedited completion of reports for certain projects. 

Sec. 204. Plymouth Harbor, Massachusetts. 

Sec. 205. Brandon Road study. 

Sec. 206. Houston and Coastal Texas. 

TITLE III—DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED 

PROVISIONS 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Backlog prevention. 

Sec. 303. Project modifications. 

Sec. 304. Milwaukee Harbor, Milwaukee, Wisconsin. 

Sec. 305. Bridgeport Harbor, Connecticut. 

Sec. 306. Conveyances. 

Sec. 307. Clatsop County, Oregon. 

Sec. 308. Kissimmee River restoration, Central and Southern Florida. 

Sec. 309. Lytle and Cajon Creeks, California. 

Sec. 310. Yuba River Basin, California. 

Sec. 311. Boston harbor reserved channel deauthorizations. 

Sec. 312. Continued authorization of certain projects. 

Sec. 313. Puget sound nearshore ecosystem restoration. 

Sec. 314. Land conveyance. 

Sec. 315. Cedar River, Cedar Rapids, Iowa. 

Sec. 316. Corps of Engineers bridge repair and divestiture program for New 

England evacuation routes. 

Sec. 317. Port of Whitman County. 

Sec. 318. Hampton Harbor, New Hampshire, navigation improvement project. 

Sec. 319. Portsmouth Harbor and Piscataqua River. 


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TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

1 SEC. 2. SECRETARY DEFINED. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 101. SENSE OF CONGRESS REGARDING WATER RE6 SOURCES DEVELOPMENT BILLS. 

7 It is the sense of Congress that, because the missions 

8 of the Corps of Engineers for navigation, flood control, 

9 beach erosion control and shoreline protection, hydro10 electric power, recreation, water supply, environmental 

11 protection, restoration, and enhancement, and fish and 

12 wildlife mitigation benefit all Americans, and because 

13 water resources development projects are critical to main14 taining the country’s economic prosperity, national secu15 rity, and environmental protection, Congress should con16 sider a water resources development bill not less often 

17 than once every Congress. 

18 SEC. 102. ASSESSMENT OF HARBORS AND INLAND HAR19 BORS. 

20 Section 210(e) of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2238) is amended— 

22 (1) in paragraph (1), by striking ‘‘shall assess 

23 the’’ and inserting ‘‘shall assess, and issue a report 

24 to Congress on, the’’; and 


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1 (2) in paragraph (2), by adding at the end the 

2 following: 

3 ‘‘(C) OPPORTUNITIES FOR BENEFICIAL

4 USE OF DREDGED MATERIALS.—In carrying out 

5 paragraph (1), the Secretary shall identify po6 tential opportunities for the beneficial use of 

7 dredged materials obtained from harbors and 

8 inland harbors referred to in subsection (a)(2), 

9 including projects eligible under section 1122 of 

10 the Water Resources Development Act of 2016 

11 (130 Stat. 1645; 33 U.S.C. 2326 note).’’. 

12 SEC. 103. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 

13 Title IX of the Water Resources Development Act of 

14 2007 (33 U.S.C. 3301 et seq.) is amended— 

15 (1) in section 9005(g)(2)(E)(i), by striking 

16 ‘‘2015 through 2019’’ and inserting ‘‘2019 through 

17 2023’’; and 

18 (2) in section 9008, by striking ‘‘2015 through 

19 2019’’ each place it appears and inserting ‘‘2019 

20 through 2023’’. 

21 SEC. 104. DAM SAFETY. 

22 Section 14 of the National Dam Safety Program Act 

23 (33 U.S.C. 467j) is amended by striking ‘‘2015 through 

24 2019’’ each place it appears and inserting ‘‘2019 through 

25 2023’’. 


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1 SEC. 105. REHABILITATION OF CORPS OF ENGINEERS CON2 STRUCTED DAMS. 

3 Section 1177 of the Water Resources Development 

4 Act of 2016 (33 U.S.C. 467f–2 note) is amended— 

5 (1) in subsection (e), by striking ‘‘$10,000,000’’ 

6 and inserting ‘‘$40,000,000’’; and 

7 (2) in subsection (f), by striking ‘‘$10,000,000’’ 

8 and inserting ‘‘$40,000,000’’. 

9 SEC. 106. FORECAST-INFORMED RESERVOIR OPERATIONS. 

10 (a) REPORT ON FORECAST-INFORMED RESERVOIR

11 OPERATIONS.—Not later than one year after the date of 

12 completion of the forecast-informed reservoir operations 

13 research study pilot program at Coyote Valley Dam, Rus14 sian River Basin, California (authorized by the River and 

15 Harbor Act of 1950 (64 Stat. 177)), the Secretary shall 

16 issue a report to the Committee on Transportation and 

17 Infrastructure of the House of Representatives and the 

18 Committee on Environment and Public Works of the Sen19 ate on the results of the study pilot program. 

20 (b) CONTENTS OF REPORT.—The Secretary shall in21 clude in the report issued under subsection (a)— 

22 (1) an analysis of the use of forecast-informed 

23 reservoir operations at Coyote Valley Dam, Cali24 fornia; 


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1 (2) an assessment of the viability of using fore2 cast-informed reservoir operations at other dams 

3 owned or operated by the Secretary; 

4 (3) an identification of other dams owned or op5 erated by the Secretary where forecast-informed res6 ervoir operations may assist the Secretary in the op7 timization of future reservoir operations; and 

8 (4) any additional areas for future study of 

9 forecast-informed reservoir operations. 

10 SEC. 107. IDENTIFICATION OF NONPOWERED DAMS FOR 

11 HYDROPOWER DEVELOPMENT. 

12 (a) IN GENERAL.—Not later than 18 months after 

13 the date of enactment of this section, the Secretary shall 

14 develop a list of existing nonpowered dams owned and op15 erated by the Corps of Engineers that have the greatest 

16 potential for hydropower development. 

17 (b) CONSIDERATIONS.—In developing the list under 

18 subsection (a), the Secretary may consider the following: 

19 (1) The compatibility of hydropower generation 

20 with existing purposes of the dam. 

21 (2) The proximity of the dam to existing trans22 mission resources. 

23 (3) The existence of studies to characterize en24 vironmental, cultural, and historic resources relating 

25 to the dam. 


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1 (4) Whether hydropower is an authorized pur2 pose of the dam. 

3 (c) AVAILABILITY.—The Secretary shall provide the 

4 list developed under subsection (a) to the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives and the Committee on Environment and Pub7 lic Works of the Senate, and make such list available to 

8 the public. 

9 SEC. 108. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

10 (a) IN GENERAL.—Section 5(a)(1) of the Act of Au11 gust 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the 

12 first sentence— 

13 (1) by striking ‘‘strengthening, raising, extend14 ing, or other modification thereof’’ and inserting 

15 ‘‘strengthening, raising, extending, realigning, or 

16 other modification thereof’’; and 

17 (2) by striking ‘‘structure or project damaged 

18 or destroyed by wind, wave, or water action of other 

19 than an ordinary nature to the design level of pro20 tection when, in the discretion of the Chief of Engi21 neers,’’ and inserting ‘‘structure or project damaged 

22 or destroyed by wind, wave, or water action of other 

23 than an ordinary nature to either the pre-storm level 

24 or the design level of protection, whichever provides 


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1 greater protection, when, in the discretion of the 

2 Chief of Engineers,’’. 

3 (b) DURATION.—Section 156(e) of the Water Re4 sources Development Act of 1976 (42 U.S.C. 1962d– 

5 5f(e)) is amended by striking ‘‘6 years’’ and inserting ‘‘9 

6 years’’. 

7 SEC. 109. INTEGRATED WATER RESOURCES PLANNING. 

8 In carrying out a water resources development feasi9 bility study, the Secretary shall consult with local govern10 ments in the watershed covered by such study to deter11 mine if local water management plans exist, or are under 

12 development, for the purposes of stormwater management, 

13 water quality improvement, aquifer recharge, water stor14 age, or water reuse. 

15 SEC. 110. MITIGATION BANKS. 

16 (a) DEFINITION OF MITIGATION BANK.—In this sec17 tion, the term ‘‘mitigation bank’’ has the meaning given 

18 that term in section 332.2 of title 33, Code of Federal 

19 Regulations. 

20 (b) GUIDANCE.—The Secretary shall issue guidance 

21 on the use of mitigation banks to meet requirements for 

22 water resources development projects in order to update 

23 mitigation bank credit release schedules to— 


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1 (1) support the goal of achieving efficient per2 mitting and maintaining appropriate environmental 

3 protections; and 

4 (2) promote increased transparency in the use 

5 of mitigation banks. 

6 (c) REQUIREMENTS.—The guidance issued under 

7 subsection (b) shall— 

8 (1) be consistent with— 

9 (A) part 230 of title 40, Code of Federal 

10 Regulations; 

11 (B) section 906 of the Water Resources 

12 Development Act of 1986 (33 U.S.C. 2283); 

13 (C) part 332 of title 33, Code of Federal 

14 Regulations; and 

15 (D) section 314(b) of the National Defense 

16 Authorization Act for Fiscal Year 2004 (Public 

17 Law 108–136; 33 U.S.C. 1344 note); and 

18 (2) provide for— 

19 (A) the mitigation bank sponsor to provide 

20 sufficient financial assurances to ensure a high 

21 level of confidence that the compensatory miti22 gation project will be successfully completed, in 

23 accordance with applicable performance stand24 ards, under section 332.3(n) of title 33, Code of 

25 Federal Regulations; 


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1 (B) the mitigation bank sponsor to reserve 

2 the share of mitigation bank credits required to 

3 ensure ecological performance of the mitigation 

4 bank, in accordance with section 332.8(o) of 

5 title 33, Code of Federal Regulations; and 

6 (C) all credits except for the share reserved 

7 under subparagraph (B) to be available upon 

8 completion of the construction of the mitigation 

9 bank. 

10 SEC. 111. INDIAN TRIBES. 

11 (a) COST SHARING PROVISIONS FOR THE TERRI12 TORIES AND INDIAN TRIBES.—Section 1156(a)(2) of the 

13 Water Resources Development Act of 1986 (33 U.S.C. 

14 2310(a)(2)) is amended by striking ‘‘section 102 of the 

15 Federally Recognized Indian Tribe List Act of 1994 (25 

16 U.S.C. 5130)’’ and inserting ‘‘section 4(e) of the Indian 

17 Self-Determination and Education Assistance Act (25 

18 U.S.C. 5304(e))’’. 

19 (b) WRITTEN AGREEMENT REQUIREMENT FOR

20 WATER RESOURCES PROJECTS.—Section 221(b)(1) of the 

21 Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) 

22 is amended by striking ‘‘a federally recognized Indian tribe 

23 and, as defined in section 3 of the Alaska Native Claims 

24 Settlement Act (43 U.S.C. 1602), a Native village, Re25 gional Corporation, and Village Corporation’’ and insertVerDate Sep 11 2014 22:59 Jun 26, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8

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1 ing ‘‘an Indian tribe, as defined in section 4(e) of the In2 dian Self-Determination and Education Assistance Act 

3 (25 U.S.C. 5304(e))’’. 

4 SEC. 112. COLUMBIA RIVER. 

5 (a) BONNEVILLE DAM, OREGON.—Section 

6 1178(c)(1)(A) of the Water Resources Development Act 

7 of 2016 (130 Stat. 1675) is amended by striking ‘‘may 

8 provide assistance’’ and inserting ‘‘may provide assistance, 

9 which may include housing and related improvements,’’. 

10 (b) JOHN DAY DAM, WASHINGTON AND OREGON.— 

11 (1) IN GENERAL.—The Secretary shall, not 

12 later than 180 days after the date of enactment of 

13 this Act, and in consultation with the Secretary of 

14 the Interior, conduct a study to determine the extent 

15 to which Indian Tribes have been displaced as a re16 sult of the construction of the John Day Dam, Co17 lumbia River, Washington and Oregon, as author18 ized by section 204 of the Flood Control Act of 1950 

19 (64 Stat. 179), including an assessment of effects 

20 related to housing and related improvements. 

21 (2) ADDITIONAL ACTIONS.—If the Secretary de22 termines, based on the study under paragraph (1), 

23 that assistance is required, the Secretary may use all 

24 existing authorities of the Secretary to provide as25 sistance, which may include housing and related imVerDate Sep 11 2014 22:59 Jun 26, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8

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1 provements, to Indian Tribes displaced as a result of 

2 the construction of the John Day Dam, Columbia 

3 River, Washington and Oregon. 

4 (3) REPEAL.—Section 1178(c)(2) of the Water 

5 Resources Development Act of 2016 (130 Stat. 

6 1675) is repealed. 

7 (c) THE DALLES DAM, WASHINGTON AND OR8 EGON.—The Secretary, in consultation with the Secretary 

9 of the Interior, shall complete a village development plan 

10 for any Indian Tribe displaced as a result of the construc11 tion of the Dalles Dam, Columbia River, Washington and 

12 Oregon, as authorized by section 204 of the Flood Control 

13 Act of 1950 (64 Stat. 179). 

14 SEC. 113. DISSEMINATION OF INFORMATION. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) Congress plays a central role in identifying, 

17 prioritizing, and authorizing vital water resources in18 frastructure activities throughout the United States. 

19 (2) The Water Resources Reform and Develop20 ment Act of 2014 (Public Law 113–121) established 

21 a new and transparent process to review and 

22 prioritize the water resources development activities 

23 of the Corps of Engineers with strong congressional 

24 oversight. 


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1 (3) Section 7001 of the Water Resources Re2 form and Development Act of 2014 (33 U.S.C. 

3 2282d) requires the Secretary to develop and submit 

4 to Congress each year a Report to Congress on Fu5 ture Water Resources Development and, as part of 

6 the annual report process, to— 

7 (A) publish a notice in the Federal Reg8 ister that requests from non-Federal interests 

9 proposed feasibility studies and proposed modi10 fications to authorized water resources develop11 ment projects and feasibility studies for inclu12 sion in the report; and 

13 (B) review the proposals submitted and in14 clude in the report those proposed feasibility 

15 studies and proposed modifications that meet 

16 the criteria for inclusion established under such 

17 section 7001. 

18 (4) Congress will use the information provided 

19 in the annual Report to Congress on Future Water 

20 Resources Development to determine authorization 

21 needs and priorities for purposes of water resources 

22 development legislation. 

23 (5) To ensure that Congress can gain a thor24 ough understanding of the water resources develop25 ment needs and priorities of the United States, it is 


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1 important that the Secretary take sufficient steps to 

2 ensure that non-Federal interests are made aware of 

3 the new annual report process, including the need 

4 for non-Federal interests to submit proposals during 

5 the Secretary’s annual request for proposals in order 

6 for such proposals to be eligible for consideration by 

7 Congress. 

8 (b) DISSEMINATION OF PROCESS INFORMATION.— 

9 The Secretary shall develop, support, and implement edu10 cation and awareness efforts for non-Federal interests 

11 with respect to the annual Report to Congress on Future 

12 Water Resources Development required under section 

13 7001 of the Water Resources Reform and Development 

14 Act of 2014 (33 U.S.C. 2282d), including efforts to— 

15 (1) develop and disseminate technical assistance 

16 materials, seminars, and guidance on the annual 

17 process as it relates to non-Federal interests; 

18 (2) provide written notice to local elected offi19 cials and previous and potential non-Federal inter20 ests on the annual process and on opportunities to 

21 address local water resources challenges through the 

22 missions and authorities of the Corps of Engineers; 

23 (3) issue guidance for non-Federal interests to 

24 assist such interests in developing proposals for 


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1 water resources development projects that satisfy the 

2 requirements of such section 7001; and 

3 (4) provide, at the request of a non-Federal in4 terest, assistance with researching and identifying 

5 existing project authorizations and Corps of Engi6 neers decision documents. 

7 SEC. 114. NON-FEDERAL ENGAGEMENT AND REVIEW. 

8 (a) PUBLIC NOTICE.— 

9 (1) IN GENERAL.—Prior to developing and 

10 issuing any new or revised implementation guidance 

11 for a covered water resources development law, the 

12 Secretary shall issue a public notice that— 

13 (A) informs potentially interested non-Fed14 eral stakeholders of the Secretary’s intent to 

15 develop and issue such guidance; and 

16 (B) provides an opportunity for interested 

17 non-Federal stakeholders to engage with, and 

18 provide input and recommendations to, the Sec19 retary on the development and issuance of such 

20 guidance. 

21 (2) ISSUANCE OF NOTICE.—The Secretary shall 

22 issue the notice under paragraph (1) through a post23 ing on a publicly accessible website dedicated to pro24 viding notice on the development and issuance of imVerDate Sep 11 2014 22:59 Jun 26, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8

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1 plementation guidance for a covered water resources 

2 development law. 

3 (b) STAKEHOLDER ENGAGEMENT.— 

4 (1) INPUT.—The Secretary shall allow a min5 imum of 60 days after issuance of the public notice 

6 under subsection (a) for non-Federal stakeholders to 

7 provide input and recommendations to the Secretary, 

8 prior to finalizing implementation guidance for a 

9 covered water resources development law. 

10 (2) OUTREACH.—The Secretary may, as appro11 priate (as determined by the Secretary), reach out to 

12 non-Federal stakeholders and circulate drafts of im13 plementation guidance for a covered water resources 

14 development law for informal feedback and rec15 ommendations. 

16 (c) DEVELOPMENT OF GUIDANCE.—When developing 

17 implementation guidance for a covered water resources de18 velopment law, the Secretary shall take into consideration 

19 the input and recommendations received from non-Federal 

20 stakeholders, and make the final guidance available to the 

21 public on-line on a publicly accessible website. 

22 (d) COVERED WATER RESOURCES DEVELOPMENT

23 LAW.—In this section, the term ‘‘covered water resources 

24 development law’’ means— 


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1 (1) the Water Resources Reform and Develop2 ment Act of 2014; 

3 (2) the Water Resources Development Act of 

4 2016; 

5 (3) this Act; and 

6 (4) any Federal water resources development 

7 law enacted after the date of enactment of this Act. 

8 SEC. 115. COMPREHENSIVE BACKLOG REPORT. 

9 Section 1001(b)(4) of the Water Resources Develop10 ment Act of 1986 (33 U.S.C. 579a(b)(4)) is amended— 

11 (1) in the header, by inserting ‘‘AND OPER12 ATION AND MAINTENANCE’’ after ‘‘BACKLOG’’; 

13 (2) by amending subparagraph (A) to read as 

14 follows: 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 compile and publish— 

17 ‘‘(i) a complete list of all projects and 

18 separable elements of projects of the Corps 

19 of Engineers that are authorized for con20 struction but have not been completed; and 

21 ‘‘(ii) a list of major Federal operation 

22 and maintenance needs of projects and 

23 properties under the control of the Corps 

24 of Engineers.’’; 

25 (3) in subparagraph (B)— 


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1 (A) in the heading, by inserting ‘‘BACK2 LOG’’ before ‘‘INFORMATION’’; and 

3 (B) in the matter preceding clause (i), by 

4 striking ‘‘subparagraph (A)’’ and inserting 

5 ‘‘subparagraph (A)(i)’’; 

6 (4) by redesignating subparagraph (C) as sub7 paragraph (D) and inserting after subparagraph (B) 

8 the following: 

9 ‘‘(C) REQUIRED OPERATION AND MAINTE10 NANCE INFORMATION.—The Secretary shall in11 clude on the list developed under subparagraph 

12 (A)(ii), for each project and property under the 

13 control of the Corps of Engineers on that list— 

14 ‘‘(i) the authority under which the 

15 project was authorized or the property was 

16 acquired by the Corps of Engineers; 

17 ‘‘(ii) a brief description of the project 

18 or property; 

19 ‘‘(iii) an estimate of the Federal costs 

20 to meet the major operation and mainte21 nance needs at the project or property; and 

22 ‘‘(iv) an estimate of unmet or deferred 

23 operation and maintenance needs at the 

24 project or property.’’; and 

25 (5) in subparagraph (D), as so redesignated— 


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1 (A) in clause (i), in the matter preceding 

2 subclause (I), by striking ‘‘Not later than 1 

3 year after the date of enactment of this para4 graph, the Secretary shall submit a copy of the 

5 list’’ and inserting ‘‘For fiscal year 2019, and 

6 biennially thereafter, in conjunction with the 

7 President’s annual budget submission to Con8 gress under section 1105(a) of title 31, United 

9 States Code, the Secretary shall submit a copy 

10 of the lists’’; and 

11 (B) in clause (ii), by striking ‘‘list’’ and in12 serting ‘‘lists’’. 

13 SEC. 116. STRUCTURES AND FACILITIES CONSTRUCTED BY 

14 SECRETARY. 

15 Section 14 of the Act of March 3, 1899 (33 U.S.C. 

16 408) is amended by adding at the end the following: 

17 ‘‘(d) WORK DEFINED.—For the purposes of this sec18 tion, the term ‘work’ shall not include unimproved real es19 tate owned or operated by the Secretary as part of a water 

20 resources development project if the Secretary determines 

21 that modification of such real estate would not affect the 

22 function and usefulness of the project.’’. 

23 SEC. 117. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 

24 Section 1012(b)(1) of the Water Resources Reform 

25 and Development Act of 2014 (33 U.S.C. 2315a(b)(1)) 


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1 is amended by striking ‘‘The Secretary’’ and inserting 

2 ‘‘Not later than 1 year after the date of enactment of the 

3 Water Resources Development Act of 2018, the Sec4 retary’’. 

5 SEC. 118. STUDY OF THE FUTURE OF THE UNITED STATES 

6 ARMY CORPS OF ENGINEERS. 

7 (a) IN GENERAL.—The Secretary shall enter into an 

8 agreement with the National Academy of Sciences to con9 vene a committee of experts to carry out a comprehensive 

10 study on— 

11 (1) the ability of the Corps of Engineers to 

12 carry out its statutory missions and responsibilities, 

13 and the potential effects of transferring the func14 tions (including regulatory obligations), personnel, 

15 assets, and civilian staff responsibilities of the Sec16 retary relating to civil works from the Department 

17 of Defense to a new or existing agency or subagency 

18 of the Federal Government, including how such a 

19 transfer might affect the Federal Government’s abil20 ity to meet the current statutory missions and re21 sponsibilities of the Corps of Engineers; and 

22 (2) improving the Corps of Engineers’ project 

23 delivery processes, including recommendations for 

24 such improvements, taking into account factors in25 cluding— 


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1 (A) the effect of the annual appropriations 

2 process on the ability of the Corps of Engineers 

3 to efficiently secure and carry out contracts for 

4 water resources projects and perform regulatory 

5 obligations; 

6 (B) the effect that the current Corps of 

7 Engineers leadership and geographic structure 

8 at the division and district levels has on its abil9 ity to carry out its missions in a cost-effective 

10 manner; and 

11 (C) the effect of the frequency of rotations 

12 of senior leaders of the Corps of Engineers and 

13 how such frequency affects the function of the 

14 district. 

15 (b) CONSIDERATIONS.—The study carried out under 

16 subsection (a) shall include consideration of— 

17 (1) effects on the national security of the 

18 United States; 

19 (2) the ability of the Corps of Engineers to 

20 maintain sufficient engineering capability and capac21 ity to assist ongoing and future operations of the 

22 United States armed services; and 

23 (3) emergency and natural disaster response 

24 obligations of the Federal Government that are car25 ried out by the Corps of Engineers. 


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1 (c) CONSULTATION.—The agreement entered into 

2 under subsection (a) shall require the National Academy 

3 to, in carrying out the study, consult with— 

4 (1) the Department of Defense, including the 

5 Secretary of the Army and the Assistant Secretary 

6 of the Army for Civil Works; 

7 (2) the Department of Transportation; 

8 (3) the Environmental Protection Agency; 

9 (4) the Department of Homeland Security; 

10 (5) the Office of Management and Budget; 

11 (6) other appropriate Federal agencies; 

12 (7) professional and nongovernmental organiza13 tions; and 

14 (8) the Committee on Transportation and In15 frastructure of the House of Representatives and the 

16 Committee on Environment and Public Works of the 

17 Senate. 

18 (d) SUBMISSION TO CONGRESS.—The Secretary shall 

19 submit the final report of the National Academy con20 taining the findings of the study carried out under sub21 section (a) to the Committee on Transportation and Infra22 structure of the House of Representatives and the Com23 mittee on Environment and Public Works of the Senate 

24 not later than 2 years after the date of enactment of this 

25 Act. 


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1 SEC. 119. ACKNOWLEDGMENT OF CREDIT. 

2 Section 7007(a) of the Water Resources Development 

3 Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended 

4 by adding at the end the following: ‘‘Notwithstanding sec5 tion 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 

6 U.S.C. 1962d–5b(a)(4)(C)(i)), the Secretary may provide 

7 credit for work carried out during the period beginning 

8 on November 8, 2007, and ending on the date of enact9 ment of the Water Resources Development Act of 2018 

10 by the non-Federal interest for a project under this title 

11 if the Secretary determines that the work is integral to 

12 the project and was carried out in accordance with the 

13 laws specified in section 5014(i)(2)(A) of the Water Re14 sources Reform and Development Act of 2014 (128 Stat. 

15 1331) and all other applicable Federal laws.’’. 

16 SEC. 120. NON-FEDERAL IMPLEMENTATION PILOT PRO17 GRAM. 

18 Section 1043(b) of the Water Resources Reform and 

19 Development Act of 2014 (33 U.S.C. 2201 note) is 

20 amended— 

21 (1) in paragraph (3)(A)(i)— 

22 (A) in the matter preceding subclause 

23 (I)— 

24 (i) by striking ‘‘15’’ and inserting 

25 ‘‘20’’; and 


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1 (ii) by striking ‘‘prior to the date of 

2 enactment of this Act’’; 

3 (B) in subclause (I)— 

4 (i) in the matter preceding item (aa), 

5 by inserting ‘‘that have been authorized for 

6 construction prior to the date of enactment 

7 of this Act and’’ after ‘‘not more than 12 

8 projects’’; and 

9 (ii) in item (bb), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (C) in subclause (II)— 

12 (i) by inserting ‘‘that have been au13 thorized for construction prior to the date 

14 of enactment of this Act and’’ after ‘‘not 

15 more than 3 projects’’; and 

16 (ii) by striking the semicolon and in17 serting ‘‘; and’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(III) not more than 5 projects 

20 that have been authorized for con21 struction, but did not receive the au22 thorization prior to the date of enact23 ment of this Act;’’; and 

24 (2) in subsection (b)(8) by striking ‘‘2015 

25 through 2019’’ and inserting ‘‘2019 through 2023’’. 


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1 SEC. 121. STUDY OF WATER RESOURCES DEVELOPMENT 

2 PROJECTS BY NON-FEDERAL INTERESTS. 

3 Section 203 of the Water Resources Development Act 

4 of 1986 (33 U.S.C. 2231) is amended— 

5 (1) in subsection (a)(1), by inserting ‘‘federally 

6 authorized’’ before ‘‘feasibility study’’; 

7 (2) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) SUBMISSION TO CONGRESS.— 

10 ‘‘(1) REVIEW AND SUBMISSION OF STUDIES TO

11 CONGRESS.—Not later than 180 days after the date 

12 of receipt of a feasibility study of a project under 

13 subsection (a)(1), the Secretary shall submit to the 

14 Committee on Environment and Public Works of the 

15 Senate and the Committee on Transportation and 

16 Infrastructure of the House of Representatives a re17 port that describes— 

18 ‘‘(A) the results of the Secretary’s review 

19 of the study under subsection (b), including a 

20 determination of whether the project is feasible; 

21 ‘‘(B) any recommendations the Secretary 

22 may have concerning the plan or design of the 

23 project; and 

24 ‘‘(C) any conditions the Secretary may re25 quire for construction of the project. 


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1 ‘‘(2) LIMITATION.—The completion of the re2 view by the Secretary of a feasibility study that has 

3 been submitted under subsection (a)(1) may not be 

4 delayed as a result of consideration being given to 

5 changes in policy or priority with respect to project 

6 consideration.’’; and 

7 (3) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) REVIEW AND TECHNICAL ASSISTANCE.— 

10 ‘‘(1) REVIEW.—The Secretary may accept and 

11 expend funds provided by non-Federal interests to 

12 undertake reviews, inspections, certifications, and 

13 other activities that are the responsibility of the Sec14 retary in carrying out this section. 

15 ‘‘(2) TECHNICAL ASSISTANCE.—At the request 

16 of a non-Federal interest, the Secretary shall provide 

17 to the non-Federal interest technical assistance re18 lating to any aspect of a feasibility study if the non19 Federal interest contracts with the Secretary to pay 

20 all costs of providing such technical assistance. 

21 ‘‘(3) LIMITATION.—Funds provided by non22 Federal interests under this subsection shall not be 

23 eligible for credit under subsection (d) or reimburse24 ment. 


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1 ‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying 

2 out this section, the Secretary shall ensure that the 

3 use of funds accepted from a non-Federal interest 

4 will not affect the impartial decisionmaking of the 

5 Secretary, either substantively or procedurally.’’. 

6 SEC. 122. CONSTRUCTION OF WATER RESOURCES DEVEL7 OPMENT PROJECTS BY NON-FEDERAL INTER8 ESTS. 

9 Section 204 of the Water Resources Development Act 

10 of 1986 (33 U.S.C. 2232) is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1), in the matter pre13 ceding subparagraph (A), by inserting ‘‘feder14 ally authorized’’ before ‘‘water resources devel15 opment project’’; 

16 (B) in paragraph (2)(A), by inserting ‘‘, 

17 except as provided in paragraph (3)’’ before the 

18 semicolon; and 

19 (C) by adding at the end the following: 

20 ‘‘(3) PERMIT EXCEPTION.— 

21 ‘‘(A) IN GENERAL.—For a project de22 scribed in subsection (a)(1) or subsection 

23 (a)(3), or a separable element thereof, with re24 spect to which a written agreement described in 

25 subparagraph (B) has been entered into, a nonVerDate Sep 11 2014 22:59 Jun 26, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8

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1 Federal interest that carries out a project under 

2 this section shall not be required to obtain any 

3 Federal permits or approvals that would not be 

4 required if the Secretary carried out the project 

5 or separable element unless significant new cir6 cumstances or information relevant to environ7 mental concerns or compliance have arisen since 

8 development of the project recommendation. 

9 ‘‘(B) WRITTEN AGREEMENT.—For pur10 poses of this paragraph, a written agreement 

11 shall provide that the non-Federal interest shall 

12 comply with the same legal and technical re13 quirements that would apply if the project or 

14 separable element were carried out by the Sec15 retary, including all mitigation required to off16 set environmental impacts of the project or sep17 arable element as determined by the Secretary. 

18 ‘‘(C) CERTIFICATIONS.—Notwithstanding 

19 subparagraph (A), if a non-Federal interest car20 rying out a project under this section would, in 

21 the absence of a written agreement entered into 

22 under this paragraph, be required to obtain a 

23 certification from a State under Federal law to 

24 carry out the project, such certification shall 

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1 tered into with respect to the project under this 

2 paragraph.’’; 

3 (2) by amending subsection (c) to read as fol4 lows: 

5 ‘‘(c) STUDIES AND ENGINEERING.— 

6 ‘‘(1) IN GENERAL.—When requested by an ap7 propriate non-Federal interest, the Secretary shall 

8 undertake all necessary studies, engineering, and 

9 technical assistance on construction for any project 

10 to be undertaken under subsection (b), and provide 

11 technical assistance in obtaining all necessary per12 mits for the construction, if the non-Federal interest 

13 contracts with the Secretary to furnish the United 

14 States funds for the studies, engineering, or tech15 nical assistance on construction in the period during 

16 which the studies, engineering, or technical assist17 ance on construction are being conducted. 

18 ‘‘(2) NO WAIVER.—Nothing in this section may 

19 be construed to waive any requirement of section 

20 3142 of title 40, United States Code. 

21 ‘‘(3) LIMITATION.—Funds provided by non22 Federal interests under this subsection shall not be 

23 eligible for credit or reimbursement under subsection 

24 (d). 


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1 ‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying 

2 out this section, the Secretary shall ensure that the 

3 use of funds accepted from a non-Federal interest 

4 will not affect the impartial decisionmaking of the 

5 Secretary, either substantively or procedurally.’’; and 

6 (3) in subsection (d)— 

7 (A) in paragraph (3)— 

8 (i) in subparagraph (A), by striking ‘‘; 

9 and’’ and inserting a semicolon; 

10 (ii) in subparagraph (B)(ii), by strik11 ing the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) in the case of reimbursement, appro16 priations are provided by Congress for such 

17 purpose.’’; and 

18 (B) in paragraph (5)— 

19 (i) by striking ‘‘flood damage reduc20 tion’’ each place it appears and inserting 

21 ‘‘water resources development’’; 

22 (ii) in subparagraph (A), by striking 

23 ‘‘for a discrete segment of a’’ and inserting 

24 ‘‘for carrying out a discrete segment of a 

25 federally authorized’’; and 


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1 (iii) in subparagraph (D), in the mat2 ter preceding clause (i), by inserting ‘‘to be 

3 carried out’’ after ‘‘project’’. 

4 SEC. 123. TECHNICAL ASSISTANCE FOR REGIONAL COALI5 TIONS. 

6 Section 22(a)(1) of the Water Resources Develop7 ment Act of 1974 (42 U.S.C. 1962d-16(a)(1)) is amended 

8 to read as follows: 

9 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary 

10 of the Army, acting through the Chief of Engineers, 

11 is authorized to cooperate with any State, group of 

12 States, non-Federal interest working with a State or 

13 group of States, or regional coalition of govern14 mental entities in the preparation of comprehensive 

15 plans for the development, utilization, and conserva16 tion of the water and related resources of drainage 

17 basins, watersheds, or ecosystems located within the 

18 boundaries of such State, interest, or entity, includ19 ing plans to comprehensively address water re20 sources challenges, and to submit to Congress re21 ports and recommendations with respect to appro22 priate Federal participation in carrying out such 

23 plans.’’. 


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1 SEC. 124. ADVANCED FUNDS FOR WATER RESOURCES DE2 VELOPMENT STUDIES AND PROJECTS. 

3 (a) CONTRIBUTIONS BY STATES AND POLITICAL

4 SUBDIVISIONS FOR IMMEDIATE USE ON AUTHORIZED

5 FLOOD-CONTROL WORK; REPAYMENT.—The Act of Octo6 ber 15, 1940 (54 Stat. 1176; 33 U.S.C. 701h–1) is 

7 amended— 

8 (1) by striking ‘‘a flood-control project duly 

9 adopted and authorized by law’’ and inserting ‘‘a 

10 federally authorized water resources development 

11 project,’’; 

12 (2) by striking ‘‘such work’’ and inserting 

13 ‘‘such project’’; 

14 (3) by striking ‘‘from appropriations which may 

15 be provided by Congress for flood-control work’’ and 

16 inserting ‘‘if appropriations are provided by Con17 gress for such purpose’’; and 

18 (4) by adding at the end the following: ‘‘For 

19 purposes of this Act, the term ‘State’ means the sev20 eral States, the District of Columbia, the common21 wealths, territories, and possessions of the United 

22 States, and Indian tribes (as defined in section 4(e) 

23 of the Indian Self-Determination and Education As24 sistance Act (25 U.S.C. 5304(e))).’’. 

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1 Federal interest to provide, advance, or contribute funds 

2 to the Secretary for the development or implementation 

3 of a water resources development project (including sec4 tions 203 and 204 of the Water Resources Development 

5 Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act 

6 of June 22, 1936 (33 U.S.C. 701h), and the Act of Octo7 ber 15, 1940 (33 U.S.C. 701h–1)), the Secretary shall en8 sure, to the maximum extent practicable, that the use by 

9 a non-Federal interest of such authorities does not ad10 versely affect— 

11 (1) the process or timeline for development and 

12 implementation of other water resources develop13 ment projects by other non-Federal entities that do 

14 not use such authorities; or 

15 (2) the process for including such projects in 

16 the President’s annual budget submission to Con17 gress under section 1105(a) of title 31, United 

18 States Code. 

19 (c) ADVANCES BY PRIVATE PARTIES; REPAYMENT.— 

20 Section 11 of the Act of March 3, 1925 (Chapter 467; 

21 33 U.S.C. 561) is repealed. 

22 SEC. 125. FUNDING TO PROCESS PERMITS. 

23 Section 214(a) of the Water Resources Development 

24 Act of 2000 (33 U.S.C. 2352(a)) is amended— 


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1 (1) by striking paragraph (3) and redesignating 

2 paragraphs (4) and (5) as paragraphs (3) and (4), 

3 respectively; and 

4 (2) in paragraph (4), as so redesignated— 

5 (A) by striking ‘‘4 years after the date of 

6 enactment of this paragraph’’ and inserting 

7 ‘‘December 31, 2022’’; and 

8 (B) by striking ‘‘carry out a study’’ and in9 serting ‘‘carry out a followup study’’. 

10 SEC. 126. STUDY ON ECONOMIC AND BUDGETARY ANAL11 YSES. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary shall enter 

14 into an agreement with the National Academy of Sciences 

15 to— 

16 (1) carry out a study on the economic principles 

17 and analytical methodologies currently used by or 

18 applied to the Corps of Engineers to formulate, 

19 evaluate, and budget for water resources develop20 ment projects; and 

21 (2) make recommendations to Congress on po22 tential changes to such principles and methodologies 

23 to improve transparency, return on Federal invest24 ment, cost savings, and prioritization, in the formu25 lation, evaluation, and budgeting of such projects. 


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1 (b) CONSIDERATIONS.—The study under subsection 

2 (a) shall include— 

3 (1) an analysis of the current economic prin4 ciples and analytical methodologies used by or ap5 plied to the Corps of Engineers in determining the 

6 total benefits and total costs during the formulation 

7 of, and plan selection for, a water resources develop8 ment project; 

9 (2) an analysis of improvements or alternatives 

10 to how the Corps of Engineers utilizes the National 

11 Economic Development, Regional Economic Develop12 ment, Environmental Quality, and Other Social Ef13 fects accounts developed by the Institute for Water 

14 Resources of the Corps of Engineers in the formula15 tion of, and plan selection for, such projects; 

16 (3) an analysis of whether such principles and 

17 methodologies fully account for all of the potential 

18 benefits of project alternatives, including any reason19 ably associated benefits of such alternatives that are 

20 not contrary to law, Federal policy, or sound water 

21 resources management; 

22 (4) an analysis of whether such principles and 

23 methodologies fully account for all of the costs of 

24 project alternatives, including potential societal 


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1 costs, such as lost ecosystem services, and full 

2 lifecycle costs for such alternatives; 

3 (5) an analysis of the methodologies utilized by 

4 the Federal Government in setting and applying dis5 count rates for benefit-cost analyses used in the for6 mulation, evaluation, and budgeting of Corps of En7 gineers water resources development projects; and 

8 (6) an analysis of whether or not the Army 

9 Corps of Engineers— 

10 (A) considers cumulative benefits of locally 

11 developed projects, including Master Plans ap12 proved by the Corps; and 

13 (B) uses the benefits referred to in sub14 paragraph (A) for purposes of benefit-cost anal15 ysis for project justification for potential 

16 projects within such Master Plans. 

17 (c) PUBLICATION.—The agreement entered into 

18 under subsection (a) shall require the National Academy 

19 of Sciences to, not later than 30 days after the completion 

20 of the study— 

21 (1) submit a report containing the results of 

22 the study and the recommendations to the Com23 mittee on Environment and Public Works of the 

24 Senate and the Committee on Transportation and 

25 Infrastructure of the House of Representatives; and 


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1 (2) make a copy of such report available on a 

2 publicly accessible website. 

3 (d) SENSE OF CONGRESS ON BUDGETARY EVALUA4 TION METRICS AND TRANSPARENCY.—It is the sense of 

5 Congress that the President, in the formulation of the an6 nual budget request for the U.S. Army Corps of Engineers 

7 (Civil Works), should submit to Congress a budget that— 

8 (1) aligns the assessment of the potential ben9 efit-cost ratio for budgeting water resources develop10 ment projects with that used by the Corps of Engi11 neers during project plan formulation and evaluation 

12 pursuant to section 80 of the Water Resources De13 velopment Act of 1974 (42 U.S.C. 1962d–17); and 

14 (2) demonstrates the transparent criteria and 

15 metrics utilized by the President in the evaluation 

16 and selection of water resources development 

17 projects included in the budget request. 

18 SEC. 127. STUDY OF CORROSION MANAGEMENT AT CORPS 

19 OF ENGINEERS PROJECTS. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this Act, the Comptroller General 

22 of the United States shall submit to the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives and the Committee on Environment and Pub25 lic Works of the Senate a study of corrosion management 


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1 efforts at projects and properties under the control of the 

2 Corps of Engineers. 

3 (b) REQUIREMENTS.—The study under subsection 

4 (a) shall include— 

5 (1) an analysis of— 

6 (A) asset management protocols that are 

7 utilized by the Corps of Engineers, including 

8 protocols that examine both asset integrity and 

9 the integration of corrosion management efforts 

10 within the asset lifecycle, which includes the 

11 stages of design, manufacturing and construc12 tion, operation and maintenance, and decom13 missioning; 

14 (B) available corrosion prevention tech15 nologies that may be used at projects and prop16 erties under the control of the Corps of Engi17 neers; 

18 (C) corrosion-related asset failures and the 

19 management protocols of the Corps of Engi20 neers to incorporate lessons learned from such 

21 failures into work and management practices; 

22 (D) training of Corps of Engineers employ23 ees with respect to, and best practices for, iden24 tifying and preventing corrosion at projects and 


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1 properties under the control of the Corps of En2 gineers; and 

3 (E) the estimated costs and anticipated 

4 benefits, including safety benefits, associated 

5 with the integration of corrosion management 

6 efforts within the asset lifecycle; and 

7 (2) a description of Corps of Engineers, stake8 holder, and expert perspectives on the effectiveness 

9 of corrosion management efforts to reduce the inci10 dence of corrosion at projects and properties under 

11 the control of the Corps of Engineers. 

12 SEC. 128. COSTS IN EXCESS OF FEDERAL PARTICIPATION 

13 LIMIT. 

14 Section 14 of the Flood Control Act of 1946 (33 

15 U.S.C. 701r) is amended by inserting ‘‘, and if such 

16 amount is not sufficient to cover the costs included in the 

17 Federal cost share for a project, as determined by the Sec18 retary, the non-Federal interest shall be responsible for 

19 any such costs that exceed such amount’’ before the period 

20 at the end. 

21 SEC. 129. REPORT ON INNOVATIVE MATERIALS. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Secretary shall submit to Congress a re24 port that describes activities conducted by the Corps of 

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1 nical centers, research and development centers, univer2 sities, and similar facilities and organizations relating to 

3 the testing, research, development, identification, and rec4 ommended uses for innovative materials in water re5 sources development projects. 

6 SEC. 130. STUDY ON CORPS OF ENGINEERS. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Comptroller General of the United States 

9 shall submit to Congress a report that— 

10 (1) describes the capacity and preparedness of 

11 the Corps of Engineers workforce, including chal12 lenges related to diversity, recruitment, retention, re13 tirements, credentialing, professional development, 

14 on-the-job training, and other readiness-related gaps 

15 in ensuring a fully prepared 21st century Corps of 

16 Engineers workforce; 

17 (2) provides recommendations to improve the 

18 capacity and preparedness of the Corps of Engineers 

19 workforce; 

20 (3) contains an assessment of the existing tech21 nology used by the Corps of Engineers, the effects 

22 of inefficiencies in the Corps’ current technology 

23 usage, and recommendations for improved tech24 nology or tools to accomplish its missions and re25 sponsibilities; and 


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1 (4) describes how changes to the navigation in2 dustry workforce with which the Corps of Engineers 

3 collaborates may affect safety and operations within 

4 the navigation industry. 

5 SEC. 131. GAO STUDY. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Comptroller General 

8 of the United States shall submit to the Committee on 

9 Environment and Public Works of the Senate and the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives a study of the consideration by 

12 the Corps of Engineers of natural features and nature13 based features in the study of the feasibility of projects 

14 for flood risk management, hurricane and storm damage 

15 reduction, and ecosystem restoration. 

16 (b) CONSIDERATIONS.—The study under subsection 

17 (a) shall include— 

18 (1) a description of guidance or instructions 

19 issued, and other measures taken, by the Secretary 

20 and the Chief of Engineers to consider natural fea21 tures and nature-based features in project feasibility 

22 studies; 

23 (2) an assessment of the costs, benefits, im24 pacts, and trade-offs associated with natural fea25 tures and nature-based features recommended by the 


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1 Secretary for flood risk reduction, hurricane and 

2 storm damage reduction (including trough bars, 

3 coastal wetlands, and barrier coral reefs), and eco4 system restoration projects, and the effectiveness of 

5 those natural features and nature-based features; 

6 (3) a description of any statutory, fiscal, regu7 latory, or other policy barriers to the appropriate 

8 consideration and use of a full array of natural fea9 tures and nature-based features; and 

10 (4) any recommendations for changes to statu11 tory, fiscal, regulatory, or other policies to improve 

12 the use of natural features and nature-based fea13 tures by the Corps of Engineers. 

14 (c) DEFINITIONS.—In this section, the terms ‘‘nat15 ural feature’’ and ‘‘nature-based feature’’ have the mean16 ings given such terms in section 1184 of the Water Re17 sources Development Act of 2016 (33 U.S.C. 2289a). 

18 SEC. 132. GAO REPORT ON ALASKA NATIVE VILLAGE RELO19 CATION EFFORTS DUE TO FLOODING AND 

20 EROSION THREATS. 

21 (a) DEFINITION OF ALASKA NATIVE VILLAGE.—In 

22 this section, the term ‘‘Alaska Native village’’ means a Na23 tive village that has a Village Corporation (as those terms 

24 are defined in section 3 of the Alaska Native Claims Set25 tlement Act (43 U.S.C. 1602)). 


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1 (b) REPORT.—The Comptroller General of the 

2 United States shall submit to Congress a report on efforts 

3 to relocate Alaska Native villages due to flooding and ero4 sion threats that updates the report of the Comptroller 

5 General entitled ‘‘Alaska Native Villages: Limited 

6 Progress Has Been Made on Relocating Villages Threat7 ened by Flooding and Erosion’’, dated June 2009. 

8 (c) INCLUSIONS.—The report under subsection (b) 

9 shall include— 

10 (1) a summary of flooding and erosion threats 

11 to Alaska Native villages throughout the State of 

12 Alaska, based on information from— 

13 (A) the Corps of Engineers; 

14 (B) the Denali Commission; and 

15 (C) any other relevant sources of informa16 tion as the Comptroller General determines to 

17 be appropriate; 

18 (2) the status of efforts to relocate Alaska Na19 tive villages due to flooding and erosion threats; and 

20 (3) any other issues relating to flooding and 

21 erosion threats to, or relocation of, Alaska Native 

22 villages, as the Comptroller General determines to be 

23 appropriate. 


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1 SEC. 133. STUDY AND REPORT ON EXPEDITING CERTAIN 

2 WAIVER PROCESSES. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary shall complete and submit to 

5 the Committee on Environment and Public Works of the 

6 Senate and the Committee on Transportation and Infra7 structure of the House of Representatives a report based 

8 on the results of a study on the best options available to 

9 the Secretary to implement the waiver process for the non10 Federal cost share under section 116 of the Energy and 

11 Water Development and Related Agencies Appropriations 

12 Act, 2010 (Public Law 111–85; 123 Stat. 2851). 

13 SEC. 134. CORPS OF ENGINEERS CONTINUING AUTHORI14 TIES PROGRAM. 

15 Section 107 of the River and Harbor Act of 1960 

16 (33 U.S.C. 577) is amended— 

17 (1) in subsection (a), by striking 

18 ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’; and 

19 (2) in subsection (b), by striking 

20 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’. 

21 SEC. 135. CREDIT OR REIMBURSEMENT. 

22 Section 1022 of the Water Resources Reform and De23 velopment Act of 2014 (33 U.S.C. 2225) is amended to 

24 read as follows: 


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1 ‘‘SEC. 1022. CREDIT OR REIMBURSEMENT. 

2 ‘‘(a) REQUESTS FOR CREDITS.—With respect to an 

3 authorized flood damage reduction project, or separable 

4 element thereof, that has been constructed by a non-Fed5 eral interest under section 211 of the Water Resources 

6 Development Act of 1996 (33 U.S.C. 701b–13), or an au7 thorized coastal navigation project that has been con8 structed by the Corps of Engineers pursuant to section 

9 11 of the Act of March 3, 1925, before the date of enact10 ment of the Water Resources Development Act of 2018, 

11 the Secretary may provide to the non-Federal interest, at 

12 the request of the non-Federal interest, a credit in an 

13 amount equal to the estimated Federal share of the cost 

14 of the project or separable element, in lieu of providing 

15 to the non-Federal interest a reimbursement in that 

16 amount or reimbursement of funds of an equivalent 

17 amount, subject to the availability of appropriations. 

18 ‘‘(b) APPLICATION OF CREDITS.—At the request of 

19 the non-Federal interest, the Secretary may apply such 

20 credit to the share of the cost of the non-Federal interest 

21 of carrying out other flood damage reduction and coastal 

22 navigation projects or studies. 

23 ‘‘(c) APPLICATION OF REIMBURSEMENT.—At the re24 quest of the non-Federal interest, the Secretary may apply 

25 such funds, subject to the availability of appropriations, 

26 equal to the share of the cost of the non-Federal interest 


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1 of carrying out other flood damage reduction and coastal 

2 navigation projects or studies.’’. 

3 SEC. 136. LAKE OKEECHOBEE REGULATION SCHEDULE RE4 VIEW. 

5 The Secretary, acting through the Chief of Engi6 neers, shall expedite completion of the Lake Okeechobee 

7 regulation schedule to coincide with the completion of the 

8 Herbert Hoover Dike project, and may consider all rel9 evant aspects of the Comprehensive Everglades Restora10 tion Plan described in section 601 of the Water Resources 

11 Development Act of 2000 (114 Stat. 2680). 

12 SEC. 137. MISSOURI RIVER. 

13 (a) IRC REPORT.—Not later than 18 months after 

14 the date of enactment of this Act, the Secretary shall sub15 mit to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Committee 

17 on Environment and Public Works of the Senate a report 

18 regarding the impacts of interception-rearing complex con19 struction on the navigation, flood control, and other au20 thorized purposes set forth in the Missouri River Master 

21 Manual, and on the population recovery of the pallid stur22 geon. 

23 (b) NO ADDITIONAL IRC CONSTRUCTION.—Until the 

24 report under subsection (a) is submitted, no additional 

25 interception-rearing complex construction is authorized. 


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1 SEC. 138. ACCESS TO REAL ESTATE DATA. 

2 (a) IN GENERAL.—As soon as is practicable, using 

3 available funds, the Secretary shall make publicly avail4 able, including on a publicly accessible website, informa5 tion relating to all real property with respect to which the 

6 Corps of Engineers holds an interest. In making such in7 formation publicly available, the Secretary shall, to the 

8 maximum extent practicable, endeavor to provide such in9 formation to all adjoining residential stakeholders of real 

10 property to which the Army Corps of Engineers holds an 

11 interest therein. The information shall include standard12 ized real estate plat descriptions and geospatial informa13 tion. 

14 (b) LIMITATION.—Nothing in this section may be 

15 construed to compel or authorize the disclosure of data 

16 or other information determined by the Secretary to be 

17 confidential, privileged, national security, or personal in18 formation, or information the disclosure of which is other19 wise prohibited by law. 

20 SEC. 139. AQUATIC INVASIVE SPECIES RESEARCH. 

21 (a) IN GENERAL.—As part of the ongoing activities 

22 of the Engineer Research and Development Center to ad23 dress the spread and impacts of aquatic invasive species, 

24 the Secretary shall undertake research on the manage25 ment and eradication of aquatic invasive species, including 

26 Asian carp and zebra mussels. 


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1 (b) LOCATIONS.—In carrying out subsection (a), the 

2 Secretary shall work with Corps of Engineers district of3 fices representing diverse geographical regions of the con4 tinental United States that are impacted by aquatic 

5 invasive species, such as the Atlantic, Pacific, and Gulf 

6 coasts and the Great Lakes. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this section, the Secretary shall submit 

9 to the Committee on Transportation and Infrastructure 

10 of the House of Representatives and the Committee on 

11 Environment and Public Works of the Senate a report rec12 ommending a plan to address the spread and impacts of 

13 aquatic invasive species. 

14 SEC. 140. HARMFUL ALGAL BLOOM TECHNOLOGY DEM15 ONSTRATION. 

16 (a) IN GENERAL.—The Secretary, acting through the 

17 Engineer Research and Development Center of the Chief 

18 of Engineers, shall implement a 5-year harmful algal 

19 bloom technology development demonstration under the 

20 Aquatic Nuisance Research Program. To the extent prac21 ticable, the Corps of Engineers shall support research that 

22 will identify and develop improved strategies for early de23 tection, prevention, and management techniques and pro24 cedures to reduce the occurrence and effects of harmful 

25 algal blooms in the Nation’s water resources. 


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1 (b) SCALABILITY REQUIREMENT.—The Secretary 

2 shall ensure that technologies identified, tested, and de3 ployed under the harmful algal bloom program technology 

4 development demonstration have the ability to scale up to 

5 meet the needs of harmful-algal-bloom-related events. 

6 SEC. 141. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORA7 TION. 

8 The Secretary shall enter into a memorandum of un9 derstanding with the Administrator of the Environmental 

10 Protection Agency to facilitate ecosystem restoration ac11 tivities at the South Fork of the South Branch of the Chi12 cago River (commonly known as Bubbly Creek). 

13 SEC. 142. OPERATION AND MAINTENANCE OF NAVIGATION 

14 AND HYDROELECTRIC FACILITIES. 

15 (a) IN GENERAL.—Section 314 of the Water Re16 sources Development Act of 1990 (33 U.S.C. 2321) is 

17 amended— 

18 (1) in the heading by inserting ‘‘NAVIGATION

19 AND’’ before ‘‘HYDROELECTRIC FACILITIES’’; 

20 (2) in the first sentence, by striking ‘‘Activities 

21 currently performed’’ and inserting the following: 

22 ‘‘(a) IN GENERAL.—Activities currently performed’’; 

23 (3) in subsection (a) (as designated by para24 graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy25 droelectric’’; 


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1 (4) in the second sentence, by striking ‘‘This 

2 section’’ and inserting the following: 

3 ‘‘(b) MAJOR MAINTENANCE CONTRACTS AL4 LOWED.—This section’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(c) EXCLUSION.—This section does not— 

7 ‘‘(1) apply to a navigation facility that was 

8 under contract on or before the date of enactment 

9 of this subsection with a non-Federal interest to per10 form operations or maintenance; and 

11 ‘‘(2) prohibit the Secretary from contracting 

12 out commercial activities after the date of enactment 

13 of this subsection at a navigation facility.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 contained in section 1(b) of the Water Resources Develop16 ment Act of 1990 (104 Stat. 4604) is amended by striking 

17 the item relating to section 314 and inserting the fol18 lowing: 

‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.’’. 

19 SEC. 143. HURRICANE AND STORM DAMAGE REDUCTION. 

20 Section 156 of the Water Resources Development Act 

21 of 1976 (42 U.S.C. 1962d–5f) is amended in subsection 

22 (b)— 

23 (1) by striking ‘‘Notwithstanding’’ and insert24 ing the following: 


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1 ‘‘(1) IN GENERAL.—Notwithstanding’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) TIMING.—The 15 additional years under 

4 paragraph (1) shall begin on the date of initiation 

5 of construction of congressionally authorized nour6 ishment.’’. 

7 SEC. 144. POST-DISASTER WATERSHED ASSESSMENTS IN 

8 THE TERRITORIES OF THE UNITED STATES. 

9 Section 3025 of the Water Resources Reform and De10 velopment Act of 2014 (33 U.S.C. 2267b) is amended by 

11 adding at the end the following: 

12 ‘‘(e) ASSESSMENTS IN THE TERRITORIES OF THE

13 UNITED STATES.— 

14 ‘‘(1) IN GENERAL.—For any major disaster de15 clared in the territories of the United States before 

16 the date of enactment of this subsection, all activi17 ties in the territory carried out or undertaken pursu18 ant to the authorities described under this section 

19 shall be conducted at full Federal expense unless the 

20 President determines that the territory has the abil21 ity to pay the cost share for an assessment under 

22 this section without the use of non-Federal funds or 

23 loans. 

24 ‘‘(2) TERRITORIES DEFINED.—In this sub25 section, the term ‘territories of the United States’ 


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1 means those insular areas specified in section 

2 1156(a)(1) of the Water Resources Development Act 

3 of 1986 (33 U.S.C. 2310(a)(1)).’’. 

4 SEC. 145. OLD RIVER CONTROL STRUCTURE, LOUISIANA. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to the Committee on Transportation and Infrastructure 

8 of the House of Representatives and the Committee on 

9 Environment and Public Works of the Senate a report on 

10 the structure and operations plan for the Old River control 

11 structure authorized by the Flood Control Act of 1954 (68 

12 Stat. 1258) based on the best available science, improved 

13 monitoring capabilities, and other factors as determined 

14 by the Secretary, including consideration of— 

15 (1) flood control; 

16 (2) navigational conditions; 

17 (3) water supply; and 

18 (4) ecosystem restoration and ecological produc19 tivity. 

20 (b) PUBLIC PARTICIPATION.—In developing the re21 port required by subsection (a), the Secretary shall provide 

22 opportunity for public input and stakeholder engagement, 

23 including public meetings. 


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1 SEC. 146. DREDGE PILOT PROGRAM. 

2 (a) IN GENERAL.—The Secretary is authorized to 

3 carry out a pilot program to award contracts with a dura4 tion of up to five years for the operation and maintenance 

5 of harbors and inland harbors referred to in section 

6 210(a)(2) of the Water Resources Development Act of 

7 1986 (33 U.S.C. 2238(a)(2)). 

8 (b) SCOPE.—In carrying out the pilot program under 

9 subsection (a), the Secretary may award a contract de10 scribed in such subsection, which may address one or more 

11 harbors or inland harbors in a geographical region, if the 

12 Secretary determines that the contract provides cost sav13 ings compared to the awarding of such work on an annual 

14 basis. 

15 (c) REPORT TO CONGRESS.—Not later than one year 

16 after the date on which the first contract is awarded pur17 suant to the pilot program carried out under subsection 

18 (a), the Secretary shall submit to Congress a report evalu19 ating, with respect to the pilot program and any contracts 

20 awarded under the pilot program— 

21 (1) cost effectiveness; 

22 (2) reliability and performance; 

23 (3) cost savings attributable to mobilization and 

24 demobilization of dredge equipment; and 

25 (4) response times to address navigational im26 pediments. 


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1 (d) SUNSET.—The authority of the Secretary to enter 

2 into contracts pursuant to the pilot program carried out 

3 under subsection (a) shall expire on the date that is 10 

4 years after the date of enactment of this Act. 

5 SEC. 147. DISPOSITION OF PROJECTS. 

6 (a) IN GENERAL.—In carrying out a disposition 

7 study for a project of the Corps of Engineers, or a sepa8 rable element of such a project, including a disposition 

9 study under section 216 of the Flood Control Act of 1970 

10 (33 U.S.C. 549a), the Secretary shall consider modifica11 tions that would improve the overall quality of the environ12 ment in the public interest, including removal of the 

13 project or separable element of a project. 

14 (b) DISPOSITION STUDY TRANSPARENCY.—The Sec15 retary shall carry out disposition studies described in sub16 section (a) in a transparent manner, including by— 

17 (1) providing opportunities for public input; and 

18 (2) publishing the final disposition studies. 

19 (c) REMOVAL OF INFRASTRUCTURE.—For disposition 

20 studies described in subsection (a) in which the Secretary 

21 determines that a Federal interest no longer exists, and 

22 makes a recommendation of removal of the project or sep23 arable element of a project, the Secretary is authorized 

24 to pursue removal of the project or separable element of 

25 a project using— 


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1 (1) existing authorities, as considered appro2 priate by the Secretary; or 

3 (2) partnerships with other Federal agencies 

4 and non-Federal entities with appropriate capabili5 ties to undertake infrastructure removal. 

6 SEC. 148. SENSE OF CONGRESS. 

7 It is the sense of Congress that the construction of 

8 a new lock at the Soo Locks at Sault Ste. Marie, Michi9 gan, is vital to our national economy, national security, 

10 and national need for new critical infrastructure. 

11 SEC. 149. COMMUNITY ENGAGEMENT. 

12 (a) IN GENERAL.—The Corps of Engineers shall 

13 make efforts— 

14 (1) as part of the mission of the Corps, to iden15 tify and address with respect to covered communities 

16 any disproportionate and adverse health or environ17 mental effects of the Corps’ programs, policies, prac18 tices, and activities; 

19 (2) to promote the meaningful involvement of 

20 communities of color in the Corps’ project develop21 ment and implementation, enforcement efforts, and 

22 other activities; 

23 (3) to provide guidance and technical assistance 

24 to covered communities to increase understanding of 


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1 the Corps’ project planning and management activi2 ties, regulations, and policies; and 

3 (4) to cooperate with State, Tribal, and local 

4 governments with respect to activities carried out 

5 pursuant to this subsection. 

6 (b) DEFINITIONS.—In this section, the following defi7 nitions apply: 

8 (1) COMMUNITY OF COLOR.—The term ‘‘com9 munity of color’’ means a community of individuals 

10 who are— 

11 (A) American Indian or Alaska Native; 

12 (B) Asian or Pacific Islander; 

13 (C) Black, not of Hispanic origin; or 

14 (D) Hispanic. 

15 (2) COVERED COMMUNITY.—The term ‘‘covered 

16 community’’ means each of the following: 

17 (A) A community of color. 

18 (B) A low-income community. 

19 (C) A rural community. 

20 (D) A Tribal and indigenous community. 

21 SEC. 150. OPERATION AND MAINTENANCE OF EXISTING IN22 FRASTRUCTURE. 

23 The Secretary of the Army shall prioritize the oper24 ation and maintenance of existing infrastructure, improve 


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1 its reliability, and, as necessary, improve its resilience to 

2 cyber-related threats. 

3 SEC. 151. CLARIFICATION FOR INTEGRAL DETERMINATION. 

4 (a) WRDA 2000.—Section 601(e)(5)(B) of the 

5 Water Resources Development Act of 2000 (Public Law 

6 106–541) is amended to read as follows: 

7 ‘‘(B) WORK.—The Secretary may provide 

8 credit, including in-kind credit, toward the non9 Federal share for the reasonable cost of any 

10 work performed in connection with a study, 

11 preconstruction engineering and design, or con12 struction that is necessary for the implementa13 tion of the Plan if— 

14 ‘‘(i)(I) the credit is provided for work 

15 completed during the period of design, as 

16 defined in a design agreement between the 

17 Secretary and the non-Federal sponsor; 

18 ‘‘(II) the credit is provided for work 

19 completed during the period of construc20 tion, as defined in a project cooperation 

21 agreement for an authorized project be22 tween the Secretary and the non-Federal 

23 sponsor; 

24 ‘‘(III) the credit is provided for work 

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1 ship agreement between the Secretary and 

2 the non-Federal sponsor, as defined in an 

3 agreement between the Secretary and the 

4 non-Federal sponsor providing for such 

5 credit; or 

6 ‘‘(IV) the credit is provided for work 

7 carried out by the non-Federal sponsor in 

8 the implementation of an authorized 

9 project implementation report, and such 

10 work was defined in an agreement between 

11 the Secretary and the non-Federal sponsor 

12 prior to the execution of such work; 

13 ‘‘(ii) the agreement prescribes the 

14 terms and conditions of the credit, includ15 ing in the case of credit provided under 

16 clause (i)(iii) conditions relating to design 

17 and construction; and 

18 ‘‘(iii) the Secretary determines that 

19 the work performed by the non-Federal 

20 sponsor is integral to the project.’’. 

21 (b) TIMING.—Section 601(e)(5) of the Act referred 

22 to in subsection (a) is further amended by inserting after 

23 subparagraph (B) the following (and redesignating any 

24 subparagraphs accordingly): 


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1 ‘‘(C) TIMING.—In any case in which the 

2 Secretary approves credit under subparagraph 

3 (B), in writing or by electronic agreement with 

4 the non-Federal sponsor, the Secretary shall 

5 provide such credit for work completed during 

6 the period of construction under an agreement 

7 that prescribes the terms and conditions for the 

8 in-kind contributions not expressly defined.’’. 

9 SEC. 152. COST SHARE PAYMENT FOR CERTAIN PROJECTS. 

10 Not later than September 30 of the first fiscal year 

11 following the date of enactment of this Act, the Secretary 

12 shall pay the outstanding balance of the Federal cost 

13 share for any project carried out under section 593 of the 

14 Water Resources Development Act of 1999 (113 Stat. 

15 380). 

16 SEC. 153. LOCKS ON ALLEGHENY RIVER. 

17 The Corps of Engineers may consider, in making 

18 funding determinations with respect to the operation and 

19 maintenance of locks on the Allegheny River— 

20 (1) recreational boat traffic levels; and 

21 (2) related economic benefits. 

22 SEC. 154. ASSISTANCE RELATING TO WATER SUPPLY. 

23 The Secretary may provide assistance to municipali24 ties the water supply of which is adversely affected by con25 struction carried out by the Corps of Engineers. 


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1 SEC. 155. NOISE POLLUTION ABATEMENT AND MITIGATION. 

2 Not later than 180 days after the date of enactment 

3 of this section, the Secretary shall submit to Congress a 

4 report on the potential opportunity for integrating noise 

5 abatement and noise mitigation technologies and practices 

6 into improvements and operations in harbors and inland 

7 harbors. 

8 SEC. 156. PROPERTY ACQUISITION. 

9 (a) IN GENERAL.—In requiring or acquiring an inter10 est in land, the Secretary shall, in accordance with the 

11 Uniform Relocation Assistance and Real Property Acquisi12 tion Policies Act of 1970, prefer the minimum interest in 

13 real property necessary to support a project or action. 

14 (b) DETERMINATION.—In determining the proper in15 terest in land under subsection (a), the Secretary shall 

16 first consider a temporary easement estate or other inter17 est designed to reduce the overall cost, reduce the time, 

18 and minimize conflict with property owners related to such 

19 action or project. 

20 (c) PROCEDURES USED IN STATE.—The Secretary 

21 shall consider and attempt to replicate, to the maximum 

22 extent practicable and consistent with Federal laws, the 

23 procedures that a State has used to acquire interests in 

24 land, provided that such procedures are generally con25 sistent with the goals of a project or action. 


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1 SEC. 157. SENSE OF CONGRESS ON NAVIGATION SAFETY. 

2 It is the sense of Congress that— 

3 (1) high use Federal navigation projects, in4 cluding those with numerous deep draft vessel calls 

5 per year, should ensure safe 2-way traffic by design 

6 vessels recommended by authorized navigation stud7 ies; and 

8 (2) the Secretary should consider the benefits of 

9 the safety modification or improvement to commer10 cial navigation in evaluating such modifications or 

11 improvements. 

12 SEC. 158. COST AND BENEFIT FEASIBILITY ASSESSMENT. 

13 (a) COST BENEFIT AND SPECIAL CONDITIONS.—Sec14 tion 5(a) of the Act of August 18, 1941 (55 Stat. 650, 

15 chapter 377; 33 U.S.C. 701n(a)), as amended by this Act, 

16 is further amended by striking paragraph (2) and insert17 ing the following: 

18 ‘‘(2) COST AND BENEFIT FEASIBILITY ASSESS19 MENT.— 

20 ‘‘(A) CONSIDERATION OF BENEFITS.—In 

21 preparing a cost and benefit feasibility assess22 ment for any emergency project described in 

23 paragraph (1), the Chief of Engineers shall con24 sider the benefits to be gained by such project 

25 for the protection of— 

26 ‘‘(i) residential establishments; 


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1 ‘‘(ii) commercial establishments, in2 cluding the protection of inventory; and 

3 ‘‘(iii) agricultural establishments, in4 cluding the protection of crops. 

5 ‘‘(B) SPECIAL CONDITIONS.— 

6 ‘‘(i) The Chief of Engineers may carry 

7 out repair or restoration work described in 

8 paragraph (1) that does not produce bene9 fits greater than cost, if the non-Federal 

10 sponsor agrees to pay, or contribute to, an 

11 amount sufficient to make the remaining 

12 costs of the project equal to the estimated 

13 value of the benefits of the repair or res14 toration work and the Secretary deter15 mines the damage to the structure was not 

16 as a result of negligent operation and 

17 maintenance, and that repair of the project 

18 could benefit other Corps project missions. 

19 ‘‘(ii) Non-Federal payments pursuant 

20 to clause (i) shall be in addition to any 

21 non-Federal payments required by the 

22 Chief of Engineers which are applicable to 

23 the remaining costs of the repair or res24 toration work.’’. 


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1 (b) CONTINUED ELIGIBILITY.—Notwithstanding a 

2 non-Federal flood control work’s status in the Rehabilita3 tion and Inspection Program, any unconstructed emer4 gency project for the non-Federal flood control work that 

5 was formulated during the three fiscal years preceding the 

6 fiscal year in which this Act was enacted but that was 

7 determined to not produce benefits greater than costs shall 

8 remain eligible for assistance under Section 5 of the Act 

9 of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 

10 701n) until the last day of the third fiscal year following 

11 the fiscal year in which this Act was enacted if the non12 Federal sponsor agrees, in accordance with section 5 as 

13 amended by subsection (a) of this section, to pay, or pro14 vide contributions equal to, an amount sufficient to make 

15 the remaining costs of the project equal to the estimated 

16 value of the benefits of the repair or restoration work and 

17 the Secretary determines the damage to the structure was 

18 not as a result of negligent operation and maintenance, 

19 and that repair of the project could benefit other Corps 

20 project missions. 

21 SEC. 159. STUDY ON STORMWATER RUNOFF REQUIRE22 MENTS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Comptroller General 

25 of the United States shall submit to the Committee on 


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1 Environment and Public Works of the Senate and the 

2 Committee on Transportation and Infrastructure of the 

3 House of Representatives a study on the compliance of 

4 projects and properties constructed or renovated by the 

5 Corps of Engineers with stormwater runoff requirements. 

6 (b) REQUIREMENTS.—The study under subsection 

7 (a) shall include an analysis of— 

8 (1) the extent to which the Corps of Engineers 

9 has complied with section 439 of the Energy Inde10 pendence and Security Act of 2007 (42 U.S.C. 

11 17094) for projects and properties constructed or 

12 renovated since February 1, 2010; 

13 (2) the feasibility of the Corps of Engineers to 

14 meet the requirement to restore the predevelopment 

15 hydrology of properties under the ‘‘maximum extent 

16 technically feasible’’ standard created under the En17 ergy Independence and Security Act of 2007; 

18 (3) potential changes to the Corps of Engi19 neers’ budgeting, planning, design, construction, and 

20 maintenance strategies that could increase the agen21 cy’s ability to meet the requirement described in 

22 paragraph (2); 

23 (4) potential changes to the guidance described 

24 in the Technical Guidance on Implementing the 

25 Stormwater Runoff Requirements for Federal 


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1 Projects under section 438 of the Energy Independ2 ence and Security Act, issued by the Environmental 

3 Protection Agency and dated December 2009, that 

4 could increase the Corps of Engineers’ ability to 

5 meet the requirement described in paragraph (2). 

6 SEC. 160. SENSE OF CONGRESS RELATING TO PUERTO 

7 RICO. 

8 (a) WATER RESOURCE PROJECTS IN PUERTO

9 RICO.—It is the sense of Congress that the Corps of Engi10 neers should proceed with a sense of urgency, and viewing 

11 requirements in the most favorable light, in evaluating and 

12 programming the actions to be taken to complete current 

13 phases, initiate pending phases, and prepare the reports 

14 necessary to proceed with the water resources projects 

15 necessary for flood control, dam repair, beach erosion con16 trol, and harbor navigation improvement in Puerto Rico, 

17 as well as for repair and mitigation required by hurricane 

18 and severe weather event damages that occurred between 

19 September 2017 and March 2018. 

20 (b) CAN ̃O MARTIN PEN ̃A ECOSYSTEM RESTORATION

21 PROJECT.—It is the sense of Congress that the Secretary 

22 should advance the project for ecosystem restoration, 

23 Can ̃o Martı ́n Pen ̃a, San Juan, Puerto Rico. 


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1 SEC. 161. DREDGED MATERIAL MANAGEMENT PLANS. 

2 (a) IN GENERAL.—For purposes of dredged material 

3 management plans initiated in or after fiscal year 2018, 

4 the Secretary shall expedite the dredged material manage5 ment plan process in order that studies make maximum 

6 use of existing information, studies, and innovative 

7 dredged material management practices, and avoid any re8 dundant information collection and studies. 

9 (b) REPORT.—Not later than 60 days after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 Congress a report on how the Corps of Engineers intends 

12 to meet the requirements of subsection (a). 

13 SEC. 162. FEASIBILITY OF CHICAGO SANITARY AND SHIP 

14 CANAL DISPERSAL BARRIERS PROJECT, ILLI15 NOIS. 

16 Section 3061(d) of the Water Resources Development 

17 Act of 2007 (Public Law 110–114; 121 Stat. 1121) is 

18 amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) OPERATION AND MAINTENANCE.—Oper24 ation and maintenance of any project authorized to 

25 be carried out pursuant to the feasibility study iden26 tified in paragraph (1) shall be carried out at 80 


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1 percent Federal expense and 20 percent non-Federal 

2 expense. 

3 ‘‘(3) CONSULTATION.—After construction of 

4 any project authorized to be carried out pursuant to 

5 the feasibility study identified in paragraph (1), the 

6 Secretary shall consult with the Governor of the 

7 State in which the project is constructed and seek 

8 Congressional authority to construct any new tech9 nologies not included in the Chief’s Report.’’. 

10 SEC. 163. SENSE OF CONGRESS ENCOURAGING NON-FED11 ERAL DREDGED MATERIAL PLACEMENT 

12 SPONSORS. 

13 It is the sense of Congress that— 

14 (1) when a State or subdivision of a State, indi15 vidually or in partnership with a private partner, de16 velops a reasonable alternative to the Federal stand17 ard for dredged material disposal facilities that 

18 meets relevant Federal environmental and dredged 

19 material placement and disposal requirements in co20 ordination with a Corps of Engineers’ District Of21 fice, it should receive preferred consideration by the 

22 Secretary; and 

23 (2) the Secretary is encouraged to consider en24 tering into agreements with non-Federal sponsors 

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1 ment, or operation and maintenance of dredged ma2 terial disposal facilities, including port facilities, 

3 through section 217 of the Water Resources Devel4 opment Act of 1996. 

5 SEC. 164. PROJECT COMPLETION FOR DISASTER AREAS. 

6 The Secretary shall carry out expeditiously projects 

7 already authorized by the Army Corps of Engineers to re8 duce the risk of future floods and hurricanes in Texas, 

9 Florida, Georgia, Louisiana, South Carolina, Puerto Rico, 

10 and the United States Virgin Islands. 

11 SEC. 165. INCLUSION OF PROJECT OR FACILITY IN CORPS 

12 OF ENGINEERS WORKPLAN. 

13 Any project or facility of the Corps of Engineers 

14 studied for disposition for which a final report by the Di15 rector of Civil Works has been completed shall, to the 

16 maximum extent practicable, be included in the future 

17 workplan of the Corps. 

18 SEC. 166. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT. 

19 (a) IN GENERAL.—After any flood event requiring 

20 operation or activation of any floodway or backwater fea21 ture within the Mississippi River and Tributaries Project 

22 through natural overtopping of a Federal levee or artificial 

23 crevassing of a Federal levee to relieve pressure on the 

24 levees elsewhere in the system, the Secretary shall expedi25 tiously reset and restore the damaged floodway’s levees. 


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1 (b) MISSISSIPPI RIVER AND TRIBUTARIES

2 PROJECT.—The term ‘‘Mississippi River and Tributaries 

3 Project’’ means the Mississippi River and Tributaries 

4 project authorized by the Act of May 15, 1928 (Chap. 

5 569; 45 Stat. 534). 

6 SEC. 167. MAINTENANCE OF HIGH RISK FLOOD CONTROL 

7 PROJECTS. 

8 (a) ASSESSMENT.—With respect to each project clas9 sified as class III under the Dam Safety Action Classifica10 tion of the Corps of Engineers for which the Secretary 

11 has assumed responsibility for maintenance, as of the date 

12 of enactment of this Act, the Secretary shall assess— 

13 (1) the anticipated effects of the Secretary con14 tinuing to be responsible for the maintenance of the 

15 project during the period that ends 15 years after 

16 the date of enactment of this Act, including the ben17 efits to the State and local community; and 

18 (2) the anticipated effects of the Secretary not 

19 continuing to be responsible for the maintenance of 

20 the project during such 15-year period, including the 

21 costs to the State and local community. 

22 (b) REPORT.—Not later than 90 days after comple23 tion of the assessment under subsection (a), the Secretary 

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1 structure of the House of Representatives and the Com2 mittee on Environment and Public Works of the Senate. 

3 SEC. 168. CONTRIBUTED FUNDS FOR NON-FEDERAL RES4 ERVOIR OPERATIONS. 

5 Section 5 of the Act of June 22, 1936 (49 Stat. 1572, 

6 chapter 688; 33 U.S.C. 701h), is amended by inserting 

7 after ‘‘authorized purposes of the project:’’ the following: 

8 ‘‘Provided further, That the Secretary is authorized to re9 ceive and expend funds, subject to the availability of ap10 propriations, from an owner of a non-Federal reservoir to 

11 formulate, review, or revise operational documents for any 

12 non-Federal reservoir for which the Secretary is author13 ized to prescribe regulations for the use of storage allo14 cated for flood risk management or navigation pursuant 

15 to section 7 of the Act of December 22, 1944 (58 Stat. 

16 890, chapter 665; 33 U.S.C. 709):’’. 

17 SEC. 169. CORPS OF ENGINEERS CONTINUING AUTHORI18 TIES PROGRAM. 

19 Section 3(c) of the Act of August 13, 1946 (60 Stat. 

20 1056, chapter 960; 33 U.S.C. 426g(c)) is amended— 

21 (1) in paragraph (1), by striking 

22 ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’; and 

23 (2) in paragraph (2)(B), by striking 

24 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 


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1 TITLE II—STUDIES 

2 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

3 STUDIES. 

4 The Secretary is authorized to conduct a feasibility 

5 study for the following projects for water resources devel6 opment and conservation and other purposes, as identified 

7 in the reports titled ‘‘Report to Congress on Future Water 

8 Resources Development’’ submitted to Congress on March 

9 17, 2017, and February 5, 2018, respectively, pursuant 

10 to section 7001 of the Water Resources Reform and Devel11 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re12 viewed by Congress: 

13 (1) CAVE BUTTES DAM, ARIZONA.—Project for 

14 flood risk management, Phoenix, Arizona. 

15 (2) SAN DIEGO RIVER, CALIFORNIA.—Project 

16 for flood risk management, navigation, and eco17 system restoration, San Diego, California. 

18 (3) J. BENNETT JOHNSTON WATERWAY, LOU19 ISIANA.—Project for navigation, J. Bennett John20 ston Waterway, Louisiana. 

21 (4) NORTHSHORE, LOUISIANA.—Project for 

22 flood risk management, St. Tammany Parish, Lou23 isiana. 

24 (5) OUACHITA-BLACK RIVERS, LOUISIANA.— 

25 Project for navigation, Little River, Louisiana. 


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1 (6) CHAUTAUQUA LAKE, NEW YORK.—Project 

2 for ecosystem restoration and flood risk manage3 ment, Chautauqua, New York. 

4 (7) TRINITY RIVER AND TRIBUTARIES, 

5 TEXAS.—Project for navigation, Liberty, Texas. 

6 (8) WEST CELL LEVEE, TEXAS.—Project for 

7 flood risk management, Irving, Texas. 

8 (9) COASTAL VIRGINIA, VIRGINIA.—Project for 

9 flood risk management, ecosystem restoration, and 

10 navigation, Coastal Virginia. 

11 (10) TANGIER ISLAND, VIRGINIA.—Project for 

12 flood risk management and ecosystem restoration, 

13 Tangier Island, Virginia. 

14 SEC. 202. ADDITIONAL STUDIES. 

15 (a) LOWER MISSISSIPPI RIVER; MISSOURI, KEN16 TUCKY, TENNESSEE, ARKANSAS, MISSISSIPPI, AND LOU17 ISIANA.— 

18 (1) IN GENERAL.—The Secretary is authorized 

19 to carry out studies to determine the feasibility of 

20 habitat restoration for each of the eight reaches 

21 identified as priorities in the report prepared by the 

22 Secretary pursuant to section 402 of the Water Re23 sources Development Act of 2000, titled ‘‘Lower 

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1 sessment In Response to Section 402 of WRDA 

2 2000’’ and dated July 2015. 

3 (2) CONSULTATION.—The Secretary shall con4 sult with the Lower Mississippi River Conservation 

5 Committee during each feasibility study carried out 

6 under paragraph (1). 

7 (b) ST. LOUIS RIVERFRONT, MERAMEC RIVER

8 BASIN, MISSOURI AND ILLINOIS.— 

9 (1) IN GENERAL.—The Secretary is authorized 

10 to carry out studies to determine the feasibility of a 

11 project for ecosystem restoration and flood risk man12 agement in Madison, St. Clair, and Monroe Coun13 ties, Illinois, St. Louis City, and St. Louis, Jeffer14 son, Franklin, Gasconade, Maries, Phelps, Crawford, 

15 Dent, Washington, Iron, St. Francois, St. Genevieve, 

16 Osage, Reynolds, and Texas Counties, Missouri. 

17 (2) CONTINUATION OF EXISTING STUDY.—Any 

18 study carried out under paragraph (1) shall be con19 sidered a continuation of the study being carried out 

20 under Committee Resolution 2642 of the Committee 

21 on Transportation and Infrastructure of the House 

22 of Representatives, adopted June 21, 2000. 


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1 SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CER2 TAIN PROJECTS. 

3 (a) FEASIBILITY REPORTS.—The Secretary shall ex4 pedite the completion of a feasibility study for each of the 

5 following projects, and if the Secretary determines that 

6 the project is justified in a completed report, may proceed 

7 directly to preconstruction planning, engineering, and de8 sign of the project: 

9 (1) Project for riverbank stabilization, Selma, 

10 Alabama. 

11 (2) Project for ecosystem restoration, Three 

12 Mile Creek, Alabama. 

13 (3) Project for navigation, Nome, Alaska. 

14 (4) Project for flood diversion, Seward, Alaska. 

15 (5) Project for navigation, Three Rivers, Arkan16 sas. 

17 (6) Project for flood control, water conserva18 tion, and related purposes, Coyote Valley Dam, Cali19 fornia. 

20 (7) Project for flood risk management, Lower 

21 Cache Creek, California. 

22 (8) Project for flood risk management, Lower 

23 San Joaquin River, California, as described in sec24 tion 1322(b)(2)(F) of the Water Resources Develop25 ment Act of 2016 (130 Stat. 1707) (second phase 

26 of feasibility study). 


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1 (9) Project for flood risk management, South 

2 San Francisco, California. 

3 (10) Project for flood risk management and 

4 ecosystem restoration, Tijuana River, California. 

5 (11) Project for flood risk management in East 

6 Hartford, Connecticut. 

7 (12) Project for flood risk management in 

8 Hartford, Connecticut. 

9 (13) Projects under the Comprehensive Flood 

10 Mitigation Study for the Delaware River Basin. 

11 (14) Project for ecosystem restoration, Lake 

12 Apopka, Florida. 

13 (15) Project for ecosystem restoration, Kansas 

14 River Weir, Kansas. 

15 (16) Project for water resource improvements, 

16 Willamette River Basin, Fern Ridge, Oregon. 

17 (17) Project for navigation, San Juan Harbor, 

18 Puerto Rico. 

19 (18) Project for ecosystem restoration, Resacas 

20 at Brownsville, Texas. 

21 (19) Project for navigation, Norfolk Harbor, 

22 Virginia. 

23 (20) Project for coastal storm risk manage24 ment, Norfolk, Virginia. 


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1 (21) Project for navigation, Tacoma Harbor, 

2 Washington. 

3 (22) Project for flood damage reduction, West4 minster-East Garden Grove, California. 

5 (23) Project for hurricane and storm damage 

6 risk reduction and ecosystem restoration, Southwest 

7 Coastal Louisiana, Louisiana, authorized by section 

8 1401(8) of the Water Resources Development Act of 

9 2016 (130 Stat. 1715). 

10 (24) Project for navigation and channel deep11 ening, Baptiste Collette Bayou, Louisiana, under 

12 section 203 of the Water Resources Development 

13 Act of 1986 (33 U.S.C. 2231). 

14 (25) Project for navigation and channel deep15 ening, Houma Navigation Canal, Louisiana, under 

16 section 203 of the Water Resources Development 

17 Act of 1986 (33 U.S.C. 2231). 

18 (26) Project for navigation and channel deep19 ening, Bayou Lafourche, Louisiana, under section 

20 203 of the Water Resources Development Act of 

21 1986 (33 U.S.C. 2231). 

22 (27) Projects under the Great Lakes Mis23 sissippi River Interbasin Study Brandon Road 

24 Study. 


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1 (28) Project for ecosystem restoration, Warren 

2 Glen Dam Removal, Musconetcong River, New Jer3 sey. 

4 (29) Project for flood control and water supply, 

5 Abiquiu Dam, New Mexico. 

6 (30) Project for reformulation, East Rockaway 

7 Inlet to Rockaway Inlet and Jamaica Bay, Queens, 

8 New York. 

9 (b) LOWER SAN JOAQUIN RIVER, CALIFORNIA.—In 

10 expediting completion of the second phase of the Lower 

11 San Joaquin River feasibility study under subsection 

12 (a)(8), the Secretary shall review and give priority to any 

13 plans and designs requested by non-Federal interests and 

14 incorporate such plans and designs into the Federal study 

15 if the Secretary determines that such plans and designs 

16 are consistent with Federal standards. 

17 (c) POST-AUTHORIZATION CHANGE REPORTS.—The 

18 Secretary shall expedite completion of a post-authorization 

19 change report for the following projects: 

20 (1) Project for flood risk management, San 

21 Luis Rey River Flood Control Protection Project, 

22 California. 

23 (2) Project for flood risk management, Success 

24 Reservoir Enlargement Project, California. 


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1 (3) Everglades Agricultural Area Reservoir, 

2 Central Everglades Planning Project, Florida. 

3 (4) Project for navigation, Sault Sainte Marie, 

4 Michigan. 

5 (d) UPPER MISSISSIPPI RIVER PROTECTION.—Sec6 tion 2010 of the Water Resources Reform and Develop7 ment Act of 2014 (128 Stat. 1270) is amended by adding 

8 at the end the following: 

9 ‘‘(d) CONSIDERATIONS.—In carrying out a disposi10 tion study with respect to the Upper St. Anthony Falls 

11 Lock and Dam, including a disposition study under sec12 tion 216 of the Flood Control Act of 1970 (33 U.S.C. 

13 549a), the Secretary shall expedite completion of such 

14 study and shall produce a report on the Upper St. An15 thony Falls Lock and Dam that is separate from any re16 port on any other lock or dam included in such study that 

17 includes plans for— 

18 ‘‘(1) carrying out modifications to the Upper 

19 St. Anthony Falls Lock and Dam to— 

20 ‘‘(A) preserve and enhance recreational op21 portunities and the health of the ecosystem; and 

22 ‘‘(B) maintain the benefits to the natural 

23 ecosystem and human environment; 

24 ‘‘(2) a partial disposition of the Upper St. An25 thony Falls Lock and Dam facility and surrounding 


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1 real property that preserves any portion of the 

2 Upper St. Anthony Falls Lock and Dam necessary 

3 to maintain flood control; and 

4 ‘‘(3) expediting the disposition described in this 

5 subsection (d).’’. 

6 SEC. 204. PLYMOUTH HARBOR, MASSACHUSETTS. 

7 Not later than December 31, 2019, the Secretary 

8 shall expedite and complete the dredging of Plymouth 

9 Harbor, Massachusetts, as authorized by the Act of March 

10 4, 1913 (37 Stat. 802, chapter 144) and the Act of Sep11 tember 22, 1922 (42 Stat. 1038, chapter 427). 

12 SEC. 205. BRANDON ROAD STUDY. 

13 The Secretary shall complete a final feasibility report 

14 for the Great Lakes Mississippi River Interbasin Study 

15 Brandon Road Study, authorized under section 3061(d) 

16 of the Water Resources Development Act of 2007 (121 

17 Stat. 1121) and section 1538(b)(1) of MAP–21 (Public 

18 Law 112–141; 126 Stat. 586) by the original deadline of 

19 February 2019. 

20 SEC. 206. HOUSTON AND COASTAL TEXAS. 

21 The Secretary shall expeditiously carry out flood and 

22 storm damage reduction studies to reduce the risk of dam23 age from future floods and hurricanes in the Houston and 

24 Coastal Texas areas. In carrying out the studies, the Sec25 retary shall leverage existing information and resources. 


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1 TITLE III—DEAUTHORIZATIONS, 

2 MODIFICATIONS, AND RE3 LATED PROVISIONS 

4 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

5 (a) PURPOSES.—The purposes of this section are— 

6 (1) to identify $3,150,000,000 in water re7 sources development projects authorized by Congress 

8 that are no longer viable for construction due to— 

9 (A) a lack of local support; 

10 (B) a lack of available Federal or non-Fed11 eral resources; or 

12 (C) an authorizing purpose that is no 

13 longer relevant or feasible; 

14 (2) to create an expedited and definitive process 

15 for Congress to deauthorize water resources develop16 ment projects that are no longer viable for construc17 tion; and 

18 (3) to allow the continued authorization of 

19 water resources development projects that are viable 

20 for construction. 

21 (b) INTERIM DEAUTHORIZATION LIST.— 

22 (1) IN GENERAL.—The Secretary shall develop 

23 an interim deauthorization list that identifies— 

24 (A) each water resources development 

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1 thorized for construction before November 8, 

2 2007, for which— 

3 (i) planning, design, or construction 

4 was not initiated before the date of enact5 ment of this Act; or 

6 (ii) planning, design, or construction 

7 was initiated before the date of enactment 

8 of this Act, but for which no funds, Fed9 eral or non-Federal, were obligated for 

10 planning, design, or construction of the 

11 project or separable element of the project 

12 during the current fiscal year or any of the 

13 6 preceding fiscal years; 

14 (B) each project or separable element iden15 tified and included on a list to Congress for de16 authorization pursuant to section 1001(b)(2) of 

17 the Water Resources Development Act of 1986 

18 (33 U.S.C. 579a(b)(2)); and 

19 (C) any project or separable element for 

20 which the non-Federal sponsor of such project 

21 or separable element submits a request for in22 clusion on the list. 

23 (2) PUBLIC COMMENT AND CONSULTATION.— 

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1 ernors of each applicable State on the interim 

2 deauthorization list developed under paragraph 

3 (1). 

4 (B) COMMENT PERIOD.—The public com5 ment period shall be 90 days. 

6 (3) SUBMISSION TO CONGRESS; PUBLICA7 TION.—Not later than 90 days after the date of the 

8 close of the comment period under paragraph (2), 

9 the Secretary shall— 

10 (A) submit a revised interim deauthoriza11 tion list to the Committee on Environment and 

12 Public Works of the Senate and the Committee 

13 on Transportation and Infrastructure of the 

14 House of Representatives; and 

15 (B) publish the revised interim deauthor16 ization list in the Federal Register. 

17 (c) FINAL DEAUTHORIZATION LIST.— 

18 (1) IN GENERAL.—The Secretary shall develop 

19 a final deauthorization list of water resources devel20 opment projects, or separable elements of projects, 

21 from the revised interim deauthorization list de22 scribed in subsection (b)(3). 

23 (2) DEAUTHORIZATION AMOUNT.— 

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1 ization list of projects and separable elements of 

2 projects that have, in the aggregate, an esti3 mated Federal cost to complete that is at least 

4 $3,150,000,000. 

5 (B) DETERMINATION OF FEDERAL COST

6 TO COMPLETE.—For purposes of subparagraph 

7 (A), the Federal cost to complete shall take into 

8 account any allowances authorized by section 

9 902 of the Water Resources Development Act 

10 of 1986 (33 U.S.C. 2280), as applied to the 

11 most recent project schedule and cost estimate. 

12 (3) IDENTIFICATION OF PROJECTS.— 

13 (A) SEQUENCING OF PROJECTS.— 

14 (i) IN GENERAL.—The Secretary shall 

15 identify projects and separable elements of 

16 projects for inclusion on the proposed final 

17 deauthorization list according to the order 

18 in which the projects and separable ele19 ments of the projects were authorized, be20 ginning with the earliest authorized 

21 projects and separable elements of projects 

22 and ending with the latest project or sepa23 rable element of a project necessary to 

24 meet the aggregate amount under para25 graph (2)(A). 


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1 (ii) FACTORS TO CONSIDER.—The 

2 Secretary may identify projects and sepa3 rable elements of projects in an order other 

4 than that established by clause (i) if the 

5 Secretary determines, on a case-by-case 

6 basis, that a project or separable element 

7 of a project is critical for interests of the 

8 United States, based on the possible im9 pact of the project or separable element of 

10 the project on public health and safety, the 

11 national economy, or the environment. 

12 (iii) CONSIDERATION OF PUBLIC COM13 MENTS.—In making determinations under 

14 clause (ii), the Secretary shall consider any 

15 comments received under subsection (b)(2). 

16 (B) APPENDIX.—The Secretary shall in17 clude as part of the proposed final deauthoriza18 tion list an appendix that— 

19 (i) identifies each project or separable 

20 element of a project on the interim de21 authorization list developed under sub22 section (b) that is not included on the pro23 posed final deauthorization list; and 


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1 (ii) describes the reasons why the 

2 project or separable element is not in3 cluded on the proposed final list. 

4 (4) PUBLIC COMMENT AND CONSULTATION.— 

5 (A) IN GENERAL.—The Secretary shall so6 licit comments from the public and the Gov7 ernor of each applicable State on the proposed 

8 final deauthorization list and appendix devel9 oped under paragraphs (2) and (3). 

10 (B) COMMENT PERIOD.—The public com11 ment period shall be 90 days. 

12 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

13 PUBLICATION.—Not later than 120 days after the 

14 date of the close of the comment period under para15 graph (4), the Secretary shall— 

16 (A) submit a final deauthorization list and 

17 an appendix to the final deauthorization list in 

18 a report to the Committee on Environment and 

19 Public Works of the Senate and the Committee 

20 on Transportation and Infrastructure of the 

21 House of Representatives; and 

22 (B) publish the final deauthorization list 

23 and the appendix to the final deauthorization 

24 list in the Federal Register. 

25 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 


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1 (1) IN GENERAL.—After the expiration of the 

2 180-day period beginning on the date of submission 

3 of the final deauthorization list and appendix under 

4 subsection (c), a project or separable element of a 

5 project identified in the final deauthorization list is 

6 hereby deauthorized, unless Congress passes a joint 

7 resolution disapproving the final deauthorization list 

8 prior to the end of such period. 

9 (2) NON-FEDERAL CONTRIBUTIONS.— 

10 (A) IN GENERAL.—A project or separable 

11 element of a project identified in the final de12 authorization list under subsection (c) shall not 

13 be deauthorized under this subsection if, before 

14 the expiration of the 180-day period referred to 

15 in paragraph (1), the non-Federal interest for 

16 the project or separable element of the project 

17 provides sufficient funds to complete the project 

18 or separable element of the project. 

19 (B) TREATMENT OF PROJECTS.—Notwith20 standing subparagraph (A), each project and 

21 separable element of a project identified in the 

22 final deauthorization list shall be treated as de23 authorized for purposes of the aggregate de24 authorization amount specified in subsection 

25 (c)(2)(A). 


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1 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

2 project or separable element of a project identified 

3 in the appendix to the final deauthorization list shall 

4 remain subject to future deauthorization by Con5 gress. 

6 (e) SPECIAL RULE FOR PROJECTS RECEIVING

7 FUNDS FOR POST-AUTHORIZATION STUDY.—A project or 

8 separable element of a project may not be identified on 

9 the interim deauthorization list developed under sub10 section (b), or the final deauthorization list developed 

11 under subsection (c), if the project or separable element 

12 received funding for a post-authorization study during the 

13 current fiscal year or any of the 6 preceding fiscal years. 

14 (f) GENERAL PROVISIONS.— 

15 (1) DEFINITIONS.—In this section, the fol16 lowing definitions apply: 

17 (A) POST-AUTHORIZATION STUDY.—The 

18 term ‘‘post-authorization study’’ means— 

19 (i) a feasibility report developed under 

20 section 905 of the Water Resources Devel21 opment Act of 1986 (33 U.S.C. 2282); 

22 (ii) a feasibility study, as defined in 

23 section 105(d) of the Water Resources De24 velopment Act of 1986 (33 U.S.C. 

25 2215(d)); or 


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1 (iii) a review conducted under section 

2 216 of the Flood Control Act of 1970 (33 

3 U.S.C. 549a), including an initial appraisal 

4 that— 

5 (I) demonstrates a Federal inter6 est; and 

7 (II) requires additional analysis 

8 for the project or separable element. 

9 (B) WATER RESOURCES DEVELOPMENT

10 PROJECT.—The term ‘‘water resources develop11 ment project’’ includes an environmental infra12 structure assistance project or program of the 

13 Corps of Engineers. 

14 (2) TREATMENT OF PROJECT MODIFICA15 TIONS.—For purposes of this section, if an author16 ized water resources development project or sepa17 rable element of the project has been modified by an 

18 Act of Congress, the date of the authorization of the 

19 project or separable element shall be deemed to be 

20 the date of the most recent modification. 

21 SEC. 302. BACKLOG PREVENTION. 

22 (a) PROJECT DEAUTHORIZATION.— 

23 (1) IN GENERAL.—A water resources develop24 ment project, or separable element of such a project, 

25 authorized for construction by this Act shall not be 


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1 authorized after the last day of the 10-year period 

2 beginning on the date of enactment of this Act un3 less— 

4 (A) funds have been obligated for construc5 tion of, or a post-authorization study for, such 

6 project or separable element during that period; 

7 or 

8 (B) the authorization contained in this Act 

9 has been modified by a subsequent Act of Con10 gress. 

11 (2) IDENTIFICATION OF PROJECTS.—Not later 

12 than 60 days after the expiration of the 10-year pe13 riod referred to in paragraph (1), the Secretary shall 

14 submit to the Committee on Environment and Pub15 lic Works of the Senate and the Committee on 

16 Transportation and Infrastructure of the House of 

17 Representatives a report that identifies the projects 

18 deauthorized under paragraph (1). 

19 (b) REPORT TO CONGRESS.—Not later than 60 days 

20 after the expiration of the 12-year period beginning on the 

21 date of enactment of this Act, the Secretary shall submit 

22 to the Committee on Environment and Public Works of 

23 the Senate and the Committee on Transportation and In24 frastructure of the House of Representatives, and make 

25 available to the public, a report that contains— 


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1 (1) a list of any water resources development 

2 projects authorized by this Act for which construc3 tion has not been completed during that period; 

4 (2) a description of the reasons the projects 

5 were not completed; 

6 (3) a schedule for the completion of the projects 

7 based on expected levels of appropriations; and 

8 (4) a 5-year and 10-year projection of construc9 tion backlog and any recommendations to Congress 

10 regarding how to mitigate current problems and the 

11 backlog. 

12 (c) CLARIFICATION.—Section 6003(a) of the Water 

13 Resources Reform and Development Act of 2014 (33 

14 U.S.C. 579c(a)) is amended by striking ‘‘7-year’’ each 

15 place it appears and inserting ‘‘10-year’’. 

16 SEC. 303. PROJECT MODIFICATIONS. 

17 (a) CONSISTENCY WITH REPORTS.—Congress finds 

18 that the project modifications described in this section are 

19 in accordance with the reports submitted to Congress by 

20 the Secretary under section 7001 of the Water Resources 

21 Reform and Development Act of 2014 (33 U.S.C. 2282d), 

22 titled ‘‘Report to Congress on Future Water Resources 

23 Development’’, or have otherwise been reviewed by Con24 gress. 

25 (b) MODIFICATIONS.— 


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1 (1) HARBOR/SOUTH BAY, CALIFORNIA.—Sec2 tion 219(f)(43) of the Water Resources Development 

3 Act of 1992 (113 Stat. 337; 114 Stat. 2763A–220) 

4 is amended by striking ‘‘$35,000,000’’ and inserting 

5 ‘‘$70,000,000’’. 

6 (2) LAKES MARION AND MOULTRIE, SOUTH

7 CAROLINA.—Section 219(f)(25) of the Water Re8 sources Development Act of 1992 (113 Stat. 336; 

9 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 

10 1677) is amended by striking ‘‘$60,000,000’’ and in11 serting ‘‘$89,550,000’’. 

12 SEC. 304. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN. 

13 The portion of the project for navigation, Milwaukee 

14 Harbor, Milwaukee, Wisconsin, authorized by the first sec15 tion of the Act of March 3, 1843 (5 Stat. 619; chapter 

16 85), consisting of the navigation channel within the 

17 Menomonee River that extends from the 16th Street 

18 Bridge upstream to the upper limit of the authorized navi19 gation channel and described as follows is no longer au20 thorized beginning on the date of enactment of this Act: 

21 (1) Beginning at a point in the channel just 

22 downstream of the 16th Street Bridge, 

23 N383219.703, E2521152.527. 


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1 (2) Thence running westerly along the channel 

2 about 2,530.2 feet to a point, N383161.314, 

3 E2518620.712. 

4 (3) Thence running westerly by southwesterly 

5 along the channel about 591.7 feet to a point at the 

6 upstream limit of the existing project, N383080.126, 

7 E2518036.371. 

8 (4) Thence running northerly along the up9 stream limit of the existing project about 80.5 feet 

10 to a point, N383159.359, E2518025.363. 

11 (5) Thence running easterly by northeasterly 

12 along the channel about 551.2 feet to a point, 

13 N383235.185, E2518571.108. 

14 (6) Thence running easterly along the channel 

15 about 2,578.9 feet to a point, N383294.677, 

16 E2521150.798. 

17 (7) Thence running southerly across the chan18 nel about 74.3 feet to the point of origin. 

19 SEC. 305. BRIDGEPORT HARBOR, CONNECTICUT. 

20 That portion of the project for navigation, Bridgeport 

21 Harbor, Connecticut, authorized by the Act of June 18, 

22 1878 (20 Stat. 158), and modified by the Act of August 

23 11, 1888 (25 Stat. 401), the Act of March 3, 1899 (30 

24 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), 

25 and the Act of July 3, 1930 (46 Stat. 919), and lying 


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1 upstream of a line commencing at point N627942.09, 

2 E879709.18 thence running southwesterly about 125 feet 

3 to a point N627832.03, E879649.91 is no longer author4 ized beginning on the date of enactment of this Act. 

5 SEC. 306. CONVEYANCES. 

6 (a) CHEATHAM COUNTY, TENNESSEE.— 

7 (1) CONVEYANCE AUTHORIZED.—The Secretary 

8 may convey to Cheatham County, Tennessee (in this 

9 subsection referred to as the ‘‘Grantee’’), all right, 

10 title, and interest of the United States in and to the 

11 real property in Cheatham County, Tennessee, con12 sisting of approximately 9.19 acres, identified as 

13 portions of tracts E–514–1, E–514–2, E–518–1, E– 

14 518–2, E–519–1, E–537–1, and E–538, all being 

15 part of the Cheatham Lock and Dam project at 

16 CRM 158.5, including any improvements thereon. 

17 (2) DEED.—The conveyance of property under 

18 this subsection shall be accomplished using a quit19 claim deed and upon such terms and conditions as 

20 the Secretary determines appropriate to protect the 

21 interests of the United States, to include retaining 

22 the right to inundate with water any land trans23 ferred under this subsection. 

24 (3) CONSIDERATION.—The Grantee shall pay to 

25 the Secretary an amount that is not less than the 


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1 fair market value of the land conveyed under this 

2 subsection, as determined by the Secretary. 

3 (4) SUBJECT TO EXISTING EASEMENTS AND

4 OTHER INTERESTS.—The conveyance of property 

5 under this section shall be subject to all existing 

6 easements, rights-of-way, and leases that are in ef7 fect as of the date of the conveyance. 

8 (b) NASHVILLE, TENNESSEE.— 

9 (1) CONVEYANCE AUTHORIZED.—The Secretary 

10 may convey, without consideration, to the City of 

11 Nashville, Tennessee (in this subsection referred to 

12 as the ‘‘City’’), all right, title, and interest of the 

13 United States in and to the real property covered by 

14 Lease No. DACW62–1–84–149, including any im15 provements thereon, at the Riverfront Park Rec16 reational Development, consisting of approximately 5 

17 acres, subject to the right of the Secretary to retain 

18 any required easements in the property. 

19 (2) CONVEYANCE AGREEMENT.—A quit claim 

20 deed shall be used to convey real property under this 

21 subsection upon the terms and conditions mutually 

22 satisfactory to the Secretary and the City. The deed 

23 shall provide that in the event the City, its succes24 sors, or assigns cease to maintain improvements for 

25 recreation included in the conveyance or otherwise 


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1 utilize the real property conveyed for purposes other 

2 than recreation and compatible flood risk manage3 ment, the City, its successor, or assign shall repay 

4 to the United States the Federal share of the cost 

5 of constructing the improvements for recreation 

6 under the agreement between the United States and 

7 the City dated December 8, 1981, increased as nec8 essary to account for inflation. 

9 (c) GENERALLY APPLICABLE PROVISIONS.— 

10 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

11 The exact acreage and the legal description of any 

12 real property to be conveyed under this section shall 

13 be determined by a survey that is satisfactory to the 

14 Secretary. 

15 (2) APPLICABILITY OF PROPERTY SCREENING

16 PROVISIONS.—Section 2696 of title 10, United 

17 States Code, shall not apply to any conveyance 

18 under this section. 

19 (3) ADDITIONAL TERMS AND CONDITIONS.— 

20 The Secretary may require that any conveyance 

21 under this section be subject to such additional 

22 terms and conditions as the Secretary considers nec23 essary and appropriate to protect the interests of the 

24 United States. 


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1 (4) COSTS OF CONVEYANCE.—An entity to 

2 which a conveyance is made under this section shall 

3 be responsible for all reasonable and necessary costs, 

4 including real estate transaction and environmental 

5 documentation costs, associated with the conveyance. 

6 (5) LIABILITY.—An entity to which a convey7 ance is made under this section shall hold the 

8 United States harmless from any liability with re9 spect to activities carried out, on or after the date 

10 of the conveyance, on real property conveyed. The 

11 United States shall remain responsible for any liabil12 ity with respect to activities carried out, before such 

13 date, on the real property conveyed. 

14 SEC. 307. CLATSOP COUNTY, OREGON. 

15 The portions of the project for raising and improving 

16 existing levees of Clatsop County Diking District No. 13, 

17 in Clatsop County, Oregon, authorized by section 5 of the 

18 Act of June 22, 1936 (49 Stat. 1590), that are referred 

19 to as Christensen No. 1 Dike No. 42 and Christensen No. 

20 2 Levee No. 43 are no longer authorized beginning on the 

21 date of enactment of this Act. 

22 SEC. 308. KISSIMMEE RIVER RESTORATION, CENTRAL AND 

23 SOUTHERN FLORIDA. 

24 Not later than 30 days after the date of enactment 

25 of this Act, the Secretary shall submit to the Committee 


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1 on Transportation and Infrastructure of the House of 

2 Representatives and the Committee on Environment and 

3 Public Works of the Senate a report on the total estimated 

4 value of in-kind contributions made by the non-Federal 

5 interest with respect to the following six actions, as de6 scribed in the final report of the Director of Civil Works 

7 on the Central and Southern Florida Project, Kissimmee 

8 River Restoration Project, dated April 27, 2018: 

9 (1) Shady Oaks Fish Camp land preparation. 

10 (2) Rocks Fish Camp land preparation. 

11 (3) Levee breaching of Sparks Candler and 

12 Bronson Levees. 

13 (4) Packingham Slough construction related to 

14 land acquisition. 

15 (5) Engineering analysis of River Acres engi16 neering solution. 

17 (6) Small local levee modifications. 

18 SEC. 309. LYTLE AND CAJON CREEKS, CALIFORNIA. 

19 That portion of the channel improvement project, 

20 Lytle and Cajon Creeks, California, authorized to be car21 ried out as a part of the project for the Santa Ana River 

22 Basin, California, by the Act of December 22, 1944 

23 (Chapter 665; 58 Stat. 900) that consists of five earth24 filled groins commonly referred to as ‘‘the Riverside AveVerDate Sep 11 2014 22:59 Jun 26, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8

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1 nue groins’’ is no longer authorized as a Federal project 

2 beginning on the date of enactment of this Act. 

3 SEC. 310. YUBA RIVER BASIN, CALIFORNIA. 

4 (a) IN GENERAL.—The project for flood damage re5 duction, Yuba River Basin, California, authorized by sec6 tion 101(a)(10) of the Water Resources Development Act 

7 of 1999 (113 Stat. 275) is modified to allow a non-Federal 

8 interest to construct a new levee to connect the existing 

9 levee with high ground. 

10 (b) PROJECT DESCRIPTION.—The levee to be con11 structed shall tie into the existing levee at a point 

12 Northing 2186189.2438, Easting 6703908.8657, thence 

13 running east and south along a path to be determined to 

14 a point Northing 2187849.4328, Easting 6719262.0164. 

15 (c) COOPERATION AGREEMENT.—The Secretary shall 

16 execute a conforming amendment to the Memorandum of 

17 Understanding Respecting the Sacramento River Flood 

18 Control Project with the State of California dated Novem19 ber 30, 1953, that is limited to changing the description 

20 of the project to reflect the modification. 

21 (d) NO FEDERAL COST.— 

22 (1) REVIEW COSTS.—Before construction of the 

23 levee described in subsection (b), the Secretary may 

24 accept and expend funds received from a non-Fed25 eral interest to review the planning, engineering, and 


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1 design of the levee described in subsection (b) to en2 sure that such planning, engineering, and design 

3 complies with Federal standards. 

4 (2) NON-FEDERAL SHARE.—The non-Federal 

5 share of the cost of constructing the levee shall be 

6 100 percent. 

7 SEC. 311. BOSTON HARBOR RESERVED CHANNEL 

8 DEAUTHORIZATIONS. 

9 (a) 40-FOOT RESERVED CHANNEL.— 

10 (1) IN GENERAL.—The portions of the project 

11 for navigation, Boston Harbor, Massachusetts, au12 thorized by the first section of the Act of October 

13 17, 1940 (54 Stat. 1198, chapter 895) and modified 

14 by section 101 of the River and Harbor Act of 1958 

15 (72 Stat. 297), section 101(a)(13) of the Water Re16 sources Development Act of 1990 (104 Stat. 4607), 

17 and section 7002(1) of the Water Resources Reform 

18 and Development Act of 2014 (128 Stat. 1365) de19 scribed in paragraph (2) are no longer authorized 

20 beginning on the date of enactment of this Act. 

21 (2) AREAS DESCRIBED.— 

22 (A) FIRST AREA.—The first areas de23 scribed in this paragraph are— 

24 (i) beginning at a point N. 

25 2950154.45, E. 785995.64; 


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1 (ii) running southwesterly about 

2 1451.63 feet to a point N. 2950113.83, E. 

3 784544.58; 

4 (iii) running southeasterly about 

5 54.00 feet to a point N. 2950059.85, E. 

6 784546.09; 

7 (iv) running southwesterly about 

8 1335.82 feet to a point N. 2950022.48, E. 

9 783210.79; 

10 (v) running northwesterly about 83.00 

11 feet to a point N. 2950105.44, E. 

12 783208.47; 

13 (vi) running northeasterly about 

14 2787.45 feet to a point N. 2950183.44, E. 

15 785994.83; and 

16 (vii) running southeasterly about 

17 29.00 feet to the point described in clause 

18 (i). 

19 (B) SECOND AREA.—The second areas de20 scribed in this paragraph are— 

21 (i) beginning at a point N. 

22 2950502.86, E. 785540.84; 

23 (ii) running northeasterly about 46.11 

24 feet to a point N2950504.16, E785586.94; 


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1 (iii) running southwesterly about 

2 25.67 feet to a point N. 2950480.84, E. 

3 785576.18; 

4 (iv) running southwesterly to a point 

5 N. 2950414.32, E. 783199.83; 

6 (v) running northwesterly about 8.00 

7 feet to a point N. 2950422.32, E. 

8 783199.60; 

9 (vi) running northeasterly about 

10 2342.58 feet to a point N. 2950487.87, E. 

11 785541.26; and 

12 (vii) running northwesterly about 

13 15.00 feet to the point described in clause 

14 (i). 

15 (b) 35-FOOT RESERVED CHANNEL.— 

16 (1) IN GENERAL.—The portions of the project 

17 for navigation, Boston Harbor, Massachusetts, au18 thorized by the first section of the Act of October 

19 17, 1940 (54 Stat. 1198, chapter 895) and modified 

20 by section 101 of the River and Harbor Act of 1958 

21 (72 Stat. 297) described in paragraph (2) are no 

22 longer authorized beginning on the date of enact23 ment of this Act. 

24 (2) AREAS DESCRIBED.— 


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1 (A) FIRST AREA.—The first areas de2 scribed in this paragraph are— 

3 (i) beginning at a point N. 

4 2950143.44, E. 787532.14; 

5 (ii) running southeasterly about 22.21 

6 feet to a point N. 2950128.91, E. 

7 787548.93; 

8 (iii) running southwesterly about 

9 4,339.42 feet to a point N. 2950007.48, E. 

10 783211.21; 

11 (iv) running northwesterly about 

12 15.00 feet to a point N. 2950022.48, E. 

13 783210.79; and 

14 (v) running northeasterly about 

15 4,323.05 feet to the point described in 

16 clause (i). 

17 (B) SECOND AREA.—The second areas de18 scribed in this paragraph are— 

19 (i) beginning at a point N. 

20 2950502.86, E. 785540.84; 

21 (ii) running southeasterly about 15.00 

22 feet to a point N. 2950487.87, E. 

23 785541.26; 


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1 (iii) running southwesterly about 

2 2342.58 feet to a point N. 2950422.32, E. 

3 783199.60; 

4 (iv) running southeasterly about 8.00 

5 feet to a point N. 2950414.32, E. 

6 783199.83; 

7 (v) running southwesterly about 

8 1339.12 feet to a point N. 2950376.85, E. 

9 781861.23; 

10 (vi) running northwesterly about 

11 23.00 feet to a point N. 2950399.84, E. 

12 781860.59; and 

13 (vii) running northeasterly about 

14 3681.70 feet to the point described in 

15 clause (i). 

16 SEC. 312. CONTINUED AUTHORIZATION OF CERTAIN 

17 PROJECTS. 

18 Notwithstanding the third sentence of section 

19 1001(b)(2) of the Water Resources Development Act of 

20 1986 (33 U.S.C. 579a(b)(2)), projects and separable ele21 ments of projects identified in the fiscal year 2017 report 

22 prepared in accordance with such section and submitted 

23 to Congress on December 15, 2016, shall not be deauthor24 ized unless such projects and separable elements meet the 


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1 requirements of section 1301(b)(1)(A) of the Water Re2 sources Development Act of 2016 (130 Stat. 1687). 

3 SEC. 313. PUGET SOUND NEARSHORE ECOSYSTEM RES4 TORATION. 

5 Section 544(f) of the Water Resources Development 

6 Act of 2000 (Public Law 106–541; 114 Stat. 2675) is 

7 amended— 

8 (1) by striking ‘‘$40,000,000’’ and inserting 

9 ‘‘$60,000,000’’; and 

10 (2) by striking ‘‘$5,000,000’’ and inserting 

11 ‘‘$10,000,000’’. 

12 SEC. 314. LAND CONVEYANCE. 

13 (a) IN GENERAL.—On the date of enactment of this 

14 Act, the Secretary of the Army shall convey to the City 

15 of Bainbridge, Georgia, without monetary consideration 

16 and subject to subsection (b), all right, title, and interest 

17 in and to real property described in subsection (c). 

18 (b) TERMS AND CONDITIONS.— 

19 (1) IN GENERAL.—The conveyance by the 

20 United States under this subsection shall be subject 

21 to— 

22 (A) the condition that the City of Bain23 bridge agree to operate, maintain, and manage 

24 the property for fish and wildlife, recreation, 


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1 and environmental purposes at no cost or ex2 pense to the United States; and 

3 (B) such other terms and conditions as the 

4 Secretary determines to be in the interest of the 

5 United States. 

6 (2) REVERSION.—If the Secretary determines 

7 that the real property conveyed under paragraph (1) 

8 ceases to be held in public ownership or the city 

9 ceases to operate, maintain, and manage the real 

10 property in accordance with this subsection, all 

11 right, title, and interest in and to the property shall 

12 revert to the United States, at the option of the Sec13 retary. 

14 (c) PROPERTY.—The property to be conveyed is com15 posed of the following 3 parcels of land: 

16 (1) PARCEL 1.—All that tract or parcel of land 

17 lying and being in Land Lots 226. and 228, Fif18 teenth Land District, and Land Lots 319, 320, 321, 

19 322, 323 and 358, Twentieth Land District, Deca20 tur County, Georgia, more particularly described as 

21 follows: 

22 Beginning at a concrete monument 

23 stamped ‘‘358’’ which is 950 feet, more or less, 

24 North of the South line and 600 feet, more or 

25 less, West of the East line of said Land Lot 


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1 358, at a corner of a tract of land owned by the 

2 United States of America at Lake Seminole and 

3 at plane coordinate position North 318,698.72 

4 feet and East 360,033.38 feet based on Trans5 verse Mercator Projection, Georgia West Zone; 

6 Thence Due West 75 feet, more or less, to 

7 the contour at elevation 77.0 feet above Mean 

8 Sea Level; 

9 Thence Northeasterly along the meanders 

10 of said 77.0 foot contour a distance of 20,600 

11 feet, more or less, to the mouth of the entrance 

12 channel to the arena and boat basin; 

13 Thence N 75° E 150 feet, more or less, to 

14 another point on said 77.0 foot contour; 

15 Thence Northeasterly along the meanders 

16 of said 77.0 foot contour a distance of 3,300 

17 feet, more or less, to a point which is on the 

18 boundary of said United States tract and on 

19 the boundary of a tract of land now or formerly 

20 owned by the City of Bainbridge, Georgia; 

21 Thence along the boundary of said United 

22 States tract the following courses: 

23 S 10° 52′ E along the boundary of 

24 said City of Bainbridge tract 830 feet, 

25 more or less, to a corner of said tract; 


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1 S 89° 45′ E along the boundary of 

2 said City of Bainbridge tract 700 feet, 

3 more or less, to a concrete monument 

4 stamped ‘‘J1A’’, coordinates of said monu5 ment being North 328,902.34 feet and 

6 East 369,302.33 feet; 

7 S 22° 25′ W 62 feet, more or less, to 

8 a corner of another tract of land owned by 

9 the City of Bainbridge, Georgia; 

10 S 88° 07′ W along the boundary of 

11 said City of Bainbridge tract 350 feet, 

12 more or less to a corner of said tract; 

13 N 84° 00′ W along the boundary of 

14 said City of Bainbridge tract 100.5 feet to 

15 a corner said tract; 

16 S 88° 07′ W along the boundary of 

17 said City of Bainbridge tract 300.0 feet to 

18 a corner of said tract; 

19 S 14° 16′ W along boundary of said 

20 City of Bainbridge tract 89.3 feet to a cor21 ner of said tract; 

22 Southwesterly along the boundary of 

23 said City of Bainbridge tract which is 

24 along a curve to the right with a radius of 


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1 684.69 feet an arc distance of 361.8 feet 

2 to a corner of said tract; 

3 S 30° 00′ W along the boundary of 

4 said City of Bainbridge tract 294.0 feet to 

5 a corner of said tract; 

6 S 10° 27.′ W along the boundary of 

7 said City of Bainbridge tract 385.0 feet to 

8 a corner of said tract; 

9 N 73° 31′ W 38 feet, more or less, to 

10 a concrete monument; 

11 S 16° 25′ W 563.7 feet to a concrete 

12 monument stamped ‘‘J7A’’; 

13 S 68° 28′ W 719.5 feet to a concrete 

14 monument stamped ‘‘J9A’’; 

15 S 68° 28′ W 831.3 feet to a concrete 

16 monument stamped ‘‘J12A’’; 

17 S 89° 39′·E 746.7 feet to a concrete 

18 monument stamped ‘‘J11A’’; 

19 S 01° 22′ w 80.0 feet to a concrete 

20 monument stamped ‘‘J11B’’; 

21 N 89° 39′ W 980.9 feet to a concrete 

22 monument stamped ‘‘J13A’’; 

23 S 01° 21′ W 560.0 feet to a concrete 

24 monument stamped ‘‘J15A’’; 

25 S 37° 14′ W 1,213.0 feet; 


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1 N 52° 46′ W 600.0 feet; 

2 S 37° 14′ W 1,000.0 feet; 

3 S 52° 46′ E 600.0 feet; 

4 S 37° 14′ W 117.0 feet to a concrete 

5 monument stamped ‘‘320/319’’; 

6 S 37° 13′ W 1,403.8 feet to a con7 crete monument stamped ‘‘322/319’’; 

8 S 37° 13′ W 2,771.4 feet to a con9 crete monument stamped ‘‘322/323’’; 

10 S 37° 13′ W 1,459.2 feet; 

11 N 89° 04′ W 578.9 feet; 

12 S 53° 42′ W 367.7 feet; 

13 S 43° 42′ W 315.3 feet; 

14 S 26° 13′ W 654.9 feet, more or less, 

15 to the point of beginning. 

16 Containing 550.00 acres, more or less, and 

17 being a part of Tracts L-1105 and L-1106 of 

18 Lake Seminole. 

19 (2) PARCEL 2.—All that tract or parcel of land 

20 lying and lying and being in Land Lot 226, Fif21 teenth Land District, Decatur County, Georgia, 

22 more particularly described as follows: 

23 Beginning at a point which is on the East 

24 right-of-way line of the Seaboard Airline Rail25 road, 215 feet North of the South end of the 


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1 trestle over the Flint River, and at a corner of 

2 a tract of land owned by the United States of 

3 America at Lake Seminole; 

4 Thence Southeasterly along the boundary 

5 of said United States tract which is along a 

6 curve to the right a distance of 485 feet, more 

7 or less, to a point which is 340 feet, more or 

8 less, S 67° 00′ E from the South end of said 

9 trestle, and at a corner of said United States 

10 tract; 

11 Thence N 70° 00′ E along the boundary of 

12 said United States tract 60.0 feet to a corner 

13 of said tract; 

14 Thence Northerly along the boundary of 

15 said United States tract which is along a curve 

16 to the right a distance of 525 feet, more or less, 

17 to a corner of said tract; 

18 Thence S 05° 00′ W along the boundary of 

19 said United States tract 500.0 feet to a corner 

20 of said tract; 

21 Thence Due West along the boundary of 

22 said United States tract 370 feet, more or less, 

23 to a point which is on the East right-of-way line 

24 of said railroad and at a corner of said United 

25 States tract; 


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1 Thence N 13° 30′ W along the boundary 

2 of said United States tract which is along the 

3 East right-of-way line of said railroad a dis4 tance of 310 feet, more or less, to the point of 

5 beginning. 

6 Containing 3.67 acres, more or less, and 

7 being all of Tract L-1124 of Lake Seminole. 

8 Parcels 1 and 2 contain in the aggregate 

9 553.67 acres, more or less. 

10 (3) PARCEL 3.—All that tract or panel of land 

11 lying and being in Land Lot 225, Fifteenth Land 

12 District, Decatur County, Georgia, more particularly 

13 described as follows: 

14 Beginning at an iron marker designated 

15 ‘‘225/226/’’, which is on the South line and 500 

16 feet, more or less, West of the Southeast corner 

17 of said Land Lot 225 at a corner of a tract of 

18 land owned by the United States of America at 

19 Lake Seminole and at plane coordinate position 

20 North 330,475.82 feet and East 370,429.36 

21 feet, based on Transverse Mercator Projection, 

22 Georgia West Zone; 

23 Thence Due West along the boundary of 

24 said United States tract a distance of 53.0 feet 

25 to a monument stamped ‘‘225/226-A’’; 


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1 Thence continue Due West along the 

2 boundary of said United States tract a distance 

3 of 56 feet, more or less, to a point on the East 

4 bank of the Flint River; 

5 Thence Northerly, upstream, along the me6 anders of the East bank of said river a distance 

7 of 1,200 feet, more or less, to a point which is 

8 on the Southern right-of-way line of U.S. High9 way No. 84 and at a corner of said United 

10 States tract; 

11 Thence Easterly and Southeasterly along 

12 the Southern right-of-way line of said highway, 

13 which is along the boundary of said United 

14 States tract a distance of 285 feet, more or 

15 less, to a monument stamped ‘‘L-23-1’’, the co16 ordinates of said monument being North 

17 331,410.90 and East 370,574.96; 

18 Thence S 02° 25′ E along the boundary of 

19 said United States tract a distance of 650.2 

20 feet to a monument stamped ‘‘225-A’’; 

21 Thence S 42° 13′ E along the boundary of 

22 said United States tract a distance of 99.8 feet 

23 to a monument stamped ‘‘225’’; 


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1 Thence S 48° 37′ W along the boundary of 

2 said United States tract a distance of 319.9 

3 feet, more or less, to the point of beginning. 

4 Containing 4.14 acres, more or less, and 

5 being all of Tract L-1123 of the Lake Seminole 

6 Project. 

7 SEC. 315. CEDAR RIVER, CEDAR RAPIDS, IOWA. 

8 The Secretary shall expedite completion of the project 

9 for flood risk management, Cedar River, Cedar Rapids, 

10 Iowa, authorized by section 7002(2) of the Water Re11 sources Development Act of 2014 (128 Stat. 1366). 

12 SEC. 316. CORPS OF ENGINEERS BRIDGE REPAIR AND DI13 VESTITURE PROGRAM FOR NEW ENGLAND 

14 EVACUATION ROUTES. 

15 Subject to the availability of appropriations, the Sec16 retary may repair or replace, as necessary, any bridge 

17 owned and operated by the Secretary that is— 

18 (1) located in any of the States of Connecticut, 

19 Maine, Massachusetts, New Hampshire, Rhode Is20 land, and Vermont; and 

21 (2) necessary for evacuation during an extreme 

22 weather event. 

23 SEC. 317. PORT OF WHITMAN COUNTY. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the approximately 288 acres of land situated 

3 in Whitman County, Washington, contained within 

4 Tract D of Little Goose Lock and Dam. 

5 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed6 eral land’’ means a tract or tracts of land owned by 

7 the Port of Whitman County, Washington, that the 

8 Secretary determines, with approval of the Wash9 ington Department of Fish and Wildlife and the 

10 Secretary of the Interior acting through the Director 

11 of the United States Fish and Wildlife Service, 

12 equals or exceeds the value of the Federal land both 

13 as habitat for fish and wildlife and for recreational 

14 opportunities related to fish and wildlife. 

15 (b) LAND EXCHANGE.—On conveyance by the Port 

16 of Whitman County to the United States of all right, title, 

17 and interest in and to the non-Federal land, the Secretary 

18 of the Army shall convey to the Port of Whitman County 

19 all right, title, and interest of the United States in and 

20 to the Federal land. 

21 (c) DEEDS.— 

22 (1) DEED TO NON-FEDERAL LAND.—The Sec23 retary may only accept conveyance of the non-Fed24 eral land by warranty deed, as determined accept25 able by the Secretary. 


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1 (2) DEED TO FEDERAL LAND.—The Secretary 

2 shall convey the Federal land to the Port of Whit3 man County by quitclaim deed and subject to any 

4 reservations, terms, and conditions the Secretary de5 termines necessary to allow the United States to op6 erate and maintain the Lower Snake River Project 

7 and to protect the interests of the United States. 

8 (d) CASH PAYMENT.—If the appraised fair market 

9 value of the Federal land, as determined by the Secretary, 

10 exceeds the appraised fair market value of the non-Federal 

11 land, as determined by the Secretary, the Port of Whitman 

12 County shall make a cash payment to the United States 

13 reflecting the difference in the appraised fair market val14 ues. 

15 (e) ADMINISTRATIVE EXPENSES.—The Port of Whit16 man County shall be responsible for the administrative 

17 costs of the transaction in accordance with section 2695 

18 of title 10, United States Code. 

19 (f) LIABILITY.—The Port of Whitman County shall 

20 hold the United States harmless from any liability with 

21 respect to activities carried out on the Federal land on 

22 or after the date of the conveyance. 

23 (g) APPLICABILITY OF REAL PROPERTY SCREENING

24 PROVISIONS.—Section 2696 of title 10, United States 


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1 Code, shall not apply to the conveyance of the Federal 

2 land under this section. 

3 (h) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The 

4 exact acreage and legal description of the Federal land 

5 and non-Federal land shall be determined by a survey that 

6 is satisfactory to the Secretary. 

7 SEC. 318. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA8 TION IMPROVEMENT PROJECT. 

9 In carrying out the project for navigation, Hampton 

10 Harbor, New Hampshire, under section 107 of the River 

11 and Harbor Act of 1960 (33 U.S.C. 577), the Secretary 

12 shall use all existing authorities of the Secretary to miti13 gate severe shoaling. 

14 SEC. 319. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 

15 The Secretary shall expedite the project for naviga16 tion for Portsmouth Harbor and the Piscataqua River au17 thorized by section 101 of the River and Harbor Act of 

18 1962 (76 Stat. 1173). 

19 TITLE IV—WATER RESOURCES 

20 INFRASTRUCTURE 

21 SEC. 401. PROJECT AUTHORIZATIONS. 

22 The following projects for water resources develop23 ment and conservation and other purposes, as identified 

24 in the reports titled ‘‘Report to Congress on Future Water 

25 Resources Development’’ submitted to Congress on March 


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1 17, 2017, and February 5, 2018, respectively, pursuant 

2 to section 7001 of the Water Resources Reform and Devel3 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re4 viewed by Congress are authorized to be carried out by 

5 the Secretary substantially in accordance with the plans, 

6 and subject to the conditions, described in the respective 

7 reports or decision documents designated in this section: 

8 (1) NAVIGATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. TX Galveston Harbor 

Channel Extension Project, 

Houston-Galveston Navigation Channels 

Aug. 8, 

2017 

Federal: $10,046,000 

Non-Federal: $3,349,000 

Total: $13,395,000 

9 (2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. NY MamaroneckSheldrake Rivers Dec. 14, 

2017 

Federal: $53,500,000 

Non-Federal: $28,750,000 

Total: $82,250,000 

2. HI Ala Wai Canal Dec. 21, 

2017 

Federal: $198,962,000; 

Non-Federal: $107,133,000 

Total: $306,095,000 


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1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. FL St. Johns County Aug. 8, 

2017 

Initial Federal: $5,712,000 

Initial Non-Federal: 

$19,122,000 

Initial Total: $24,834,000 

Renourishment Federal: 

$9,484,000 

Renourishment Non-Federal: 

$44,099,000 

Renourishment Total: 

$53,583,000 

2. TX Sabine Pass to 

Galveston Bay 

Dec. 7, 2017 Initial Federal: 

$2,157,202,000 

Initial Non-Federal: 

$1,161,570,000 

Initial Total: $3,318,772,000 

3. FL St. Lucie County Dec. 15, 

2017 

Initial Federal: $7,097,000 

Initial Non-Federal: 

$13,179,000 

Initial Total: $20,276,000 

Renourishment Federal: 

$8,915,000 

Renourishment Non-Federal: 

$24,105,000 

Renourishment Total: 

$33,020,000 

3 (4) FLOOD RISK MANAGEMENT AND ECO4 SYSTEM RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. NM Espan ̃ola Valley, 

Rio Grande 

May 11, 

2018 

Federal: $40,117,000 

Non-Federal: $21,601,000 

Total: $61,718,000 


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1 (5) MODIFICATIONS AND OTHER PROJECTS.— 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

1. GA Savannah Harbor 

Expansion 

Project 

Dec. 5, 2016 Federal: $677,613,600 

Non-Federal: $295,829,400 

Total: $973,443,000 

2. KY Kentucky River 

Locks and 

Dams - 1, 2, 3, 

and 4 

April 20, 

2018 

Federal: $0 

Non-Federal: $0 

Total: $0 

Passed the House of Representatives June 6, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 488 

115TH CONGRESS 

2D SESSION H. R. 8 

AN ACT 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conJUNE 26, 2018 

Read twice and placed on the calendar 


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