I 

115TH CONGRESS 

2D SESSION H. R. 8 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2018 

Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GRAVES of Louisiana, and Mrs. 

NAPOLITANO) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

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. 


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Sec. 2. Secretary defined. 

TITLE I—GENERAL PROVISIONS 

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

Sec. 102. Use of Harbor Maintenance Trust Fund to support navigation. 

Sec. 103. Assessment of harbors and inland harbors. 

Sec. 104. Levee safety initiative reauthorization. 

Sec. 105. Dam safety. 

Sec. 106. Rehabilitation of Corps of Engineers constructed dams. 

Sec. 107. Forecast-informed reservoir operations. 

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. Advanced funds for water resources development studies and projects. 

Sec. 124. Funding to process permits. 

Sec. 125. Study on economic and budgetary analyses. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 

Sec. 202. Additional studies. 

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

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. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 


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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. USE OF HARBOR MAINTENANCE TRUST FUND TO 

19 SUPPORT NAVIGATION. 

20 (a) AVAILABILITY OF AMOUNTS.—Section 210 of the 

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

22 2238) is amended— 

23 (1) in the section heading by striking ‘‘AU24 THORIZATION OF APPROPRIATIONS’’ and insert25 ing ‘‘FUNDING FOR HARBOR NAVIGATION’’; 


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1 (2) by redesignating subsections (c), (d), (e), 

2 and (f) as subsections (d), (e), (f), and (g), respec3 tively; and 

4 (3) by inserting after subsection (b) the fol5 lowing: 

6 ‘‘(c) USE OF COLLECTED FUNDS IN FISCAL YEAR

7 2029 AND THEREAFTER.— 

8 ‘‘(1) USE OF FUNDS.—In addition to amounts 

9 appropriated under subsections (a) and (b), there 

10 shall be available to the Secretary, out of the Harbor 

11 Maintenance Trust Fund, without further appropria12 tion, for fiscal year 2029 and each fiscal year there13 after, such sums as may be necessary to carry out 

14 the purposes of subsection (a)(2). 

15 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

16 made available under this subsection shall remain 

17 available until expended.’’. 

18 (b) CONFORMING AMENDMENTS.—Section 210 of the 

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

20 2238) is further amended— 

21 (1) in subsection (d)(2)(A)(i) (as redesignated 

22 by subsection (a)(2) of this section) by striking 

23 ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 

24 (2) in subsection (e)(3)(B)(i) (as redesignated 

25 by subsection (a)(2) of this section) by striking 


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1 ‘‘subsection (c)(2)(A)’’ and inserting ‘‘subsection 

2 (d)(2)(A)’’; and 

3 (3) in subsection (f)(2)(A)(ii) (as redesignated 

4 by subsection (a)(2) of this section) by striking 

5 ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 

6 (e)(2)’’. 

7 SEC. 103. ASSESSMENT OF HARBORS AND INLAND HAR8 BORS. 

9 Section 210(e) of the Water Resources Development 

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

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

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

13 to Congress on, the’’; and 

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

15 following: 

16 ‘‘(C) OPPORTUNITIES FOR BENEFICIAL

17 USE OF DREDGED MATERIALS.—In carrying out 

18 paragraph (1), the Secretary shall identify po19 tential opportunities for the beneficial use of 

20 dredged materials obtained from harbors and 

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

22 including projects eligible under section 1122 of 

23 the Water Resources Development Act of 2016 

24 (130 Stat. 1645; 33 U.S.C. 2326 note).’’. 


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1 SEC. 104. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 

2 Title IX of the Water Resources Development Act of 

3 2007 (33 U.S.C. 3301 et seq.) is amended— 

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

5 ‘‘2015 through 2019’’ and inserting ‘‘2019 through 

6 2023’’; and 

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

8 2019’’ each place it appears and inserting ‘‘2019 

9 through 2023’’. 

10 SEC. 105. DAM SAFETY. 

11 Section 14 of the National Dam Safety Program Act 

12 (33 U.S.C. 467j) is amended by striking ‘‘2015 through 

13 2019’’ each place it appears and inserting ‘‘2019 through 

14 2023’’. 

15 SEC. 106. REHABILITATION OF CORPS OF ENGINEERS CON16 STRUCTED DAMS. 

17 Section 1177(e) of the Water Resources Development 

18 Act of 2016 (33 U.S.C. 467f–2 note) is amended by strik19 ing ‘‘$10,000,000’’ and inserting ‘‘$40,000,000’’. 

20 SEC. 107. FORECAST-INFORMED RESERVOIR OPERATIONS. 

21 (a) REPORT ON FORECAST-INFORMED RESERVOIR

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

23 completion of the forecast-informed reservoir operations 

24 research study pilot program at Coyote Valley Dam, Rus25 sian River Basin, California (authorized by the River and 

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


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1 issue a report to the Committee on Transportation and 

2 Infrastructure of the House of Representatives and the 

3 Committee on Environment and Public Works of the Sen4 ate on the results of the study pilot program. 

5 (b) CONTENTS OF REPORT.—The Secretary shall in6 clude in the report issued under subsection (a)— 

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

8 reservoir operations at Coyote Valley Dam, Cali9 fornia; 

10 (2) an assessment of the viability of using fore11 cast-informed reservoir operations at other dams 

12 owned or operated by the Secretary; 

13 (3) an identification of other dams owned or op14 erated by the Secretary where forecast-informed res15 ervoir operations may assist the Secretary in the op16 timization of future reservoir operations; and 

17 (4) any additional areas for future study of 

18 forecast-informed reservoir operations. 

19 SEC. 108. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

20 (a) IN GENERAL.—Section 5(a)(1) of the Act of Au21 gust 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the 

22 first sentence— 

23 (1) by striking ‘‘strengthening, raising, extend24 ing, or other modification thereof’’ and inserting 


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1 ‘‘strengthening, raising, extending, realigning, or 

2 other modification thereof’’; and 

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

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

5 than an ordinary nature to the design level of pro6 tection when, in the discretion of the Chief of Engi7 neers,’’ and inserting ‘‘structure or project damaged 

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

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

10 or the design level of protection, whichever provides 

11 greater protection, when, in the discretion of the 

12 Chief of Engineers,’’. 

13 (b) DURATION.—Section 156(e) of the Water Re14 sources Development Act of 1976 (42 U.S.C. 1962d– 

15 5f(e)) is amended by striking ‘‘6 years’’ and inserting ‘‘9 

16 years’’. 

17 SEC. 109. INTEGRATED WATER RESOURCES PLANNING. 

18 In carrying out a water resources development feasi19 bility study, the Secretary shall consult with local govern20 ments in the watershed covered by such study to deter21 mine if local water management plans exist, or are under 

22 development, for the purposes of stormwater management, 

23 water quality improvement, aquifer recharge, or water 

24 reuse. 


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1 SEC. 110. MITIGATION BANKS. 

2 (a) DEFINITION OF MITIGATION BANK.—In this sec3 tion, the term ‘‘mitigation bank’’ has the meaning given 

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

5 Regulations. 

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

7 on the use of mitigation banks to meet requirements for 

8 water resources development projects in order to update 

9 mitigation bank credit release schedules to— 

10 (1) support the goal of achieving efficient per11 mitting and maintaining appropriate environmental 

12 protections; and 

13 (2) promote increased transparency in the use 

14 of mitigation banks. 

15 (c) REQUIREMENTS.—The guidance issued under 

16 subsection (b) shall— 

17 (1) be consistent with— 

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

19 Regulations; 

20 (B) section 906 of the Water Resources 

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

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

23 Regulations; and 

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

25 Authorization Act for Fiscal Year 2004 (Public 

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


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1 (2) provide for— 

2 (A) the mitigation bank sponsor to provide 

3 sufficient financial assurances to ensure a high 

4 level of confidence that the compensatory miti5 gation project will be successfully completed, in 

6 accordance with applicable performance stand7 ards, under section 332.3(n) of title 33, Code of 

8 Federal Regulations; 

9 (B) the mitigation bank sponsor to reserve 

10 the share of mitigation bank credits required to 

11 ensure ecological performance of the mitigation 

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

13 title 33, Code of Federal Regulations; and 

14 (C) all credits except for the share reserved 

15 under subparagraph (B) to be available upon 

16 completion of the construction of the mitigation 

17 bank. 

18 SEC. 111. INDIAN TRIBES. 

19 (a) COST SHARING PROVISIONS FOR THE TERRI20 TORIES AND INDIAN TRIBES.—Section 1156(a)(2) of the 

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

22 2310(a)(2)) is amended by striking ‘‘section 102 of the 

23 Federally Recognized Indian Tribe List Act of 1994 (25 

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


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1 Self-Determination and Education Assistance Act (25 

2 U.S.C. 5304(e))’’. 

3 (b) WRITTEN AGREEMENT REQUIREMENT FOR

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

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

6 is amended by striking ‘‘federally recognized Indian tribe 

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

8 Settlement Act (43 U.S.C. 1602), a Native village, Re9 gional Corporation, and Village Corporation’’ and insert10 ing ‘‘Indian tribe, as defined in section 4(e) of the Indian 

11 Self-Determination and Education Assistance Act (25 

12 U.S.C. 5304(e))’’. 

13 SEC. 112. COLUMBIA RIVER. 

14 (a) BONNEVILLE DAM, OREGON.—Section 

15 1178(c)(1)(A) of the Water Resources Development Act 

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

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

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

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

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

21 later than 180 days after the date of enactment of 

22 this Act, and in consultation with the Secretary of 

23 the Interior, conduct a study to determine the extent 

24 to which Indian Tribes have been displaced as a re25 sult of the construction of the John Day Dam, CoVerDate Sep 11 2014 21:08 May 18, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8.IH H8

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1 lumbia River, Washington and Oregon, as author2 ized by section 204 of the Flood Control Act of 1950 

3 (64 Stat. 179), including an assessment of effects 

4 related to housing and related improvements. 

5 (2) ADDITIONAL ACTIONS.—If the Secretary de6 termines, based on the study under paragraph (1), 

7 that assistance is required, the Secretary may use all 

8 existing authorities of the Secretary to provide as9 sistance, which may include housing and related im10 provements, to Indian Tribes displaced as a result of 

11 the construction of the John Day Dam, Columbia 

12 River, Washington and Oregon. 

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

14 Resources Development Act of 2016 (130 Stat. 

15 1675) is repealed. 

16 (c) THE DALLES DAM, WASHINGTON AND OR17 EGON.—The Secretary, in consultation with the Secretary 

18 of the Interior, shall complete a village development plan 

19 for any Indian Tribe displaced as a result of the construc20 tion of the Dalles Dam, Columbia River, Washington and 

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

22 Act of 1950 (64 Stat. 179). 

23 SEC. 113. DISSEMINATION OF INFORMATION. 

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


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

2 prioritizing, and authorizing vital water resources in3 frastructure activities throughout the United States. 

4 (2) The Water Resources Reform and Develop5 ment Act of 2014 (Public Law 113–121) established 

6 a new and transparent process to review and 

7 prioritize the water resources development activities 

8 of the Corps of Engineers with strong congressional 

9 oversight. 

10 (3) Section 7001 of the Water Resources Re11 form and Development Act of 2014 (33 U.S.C. 

12 2282d) requires the Secretary to develop and submit 

13 to Congress each year a Report to Congress on Fu14 ture Water Resources Development and, as part of 

15 the annual report process, to— 

16 (A) publish a notice in the Federal Reg17 ister that requests from non-Federal interests 

18 proposed feasibility studies and proposed modi19 fications to authorized water resources develop20 ment projects and feasibility studies for inclu21 sion in the report; and 

22 (B) review the proposals submitted and in23 clude in the report those proposed feasibility 

24 studies and proposed modifications that meet 


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1 the criteria for inclusion established under such 

2 section 7001. 

3 (4) Congress will use the information provided 

4 in the annual Report to Congress on Future Water 

5 Resources Development to determine authorization 

6 needs and priorities for purposes of water resources 

7 development legislation. 

8 (5) To ensure that Congress can gain a thor9 ough understanding of the water resources develop10 ment needs and priorities of the United States, it is 

11 important that the Secretary take sufficient steps to 

12 ensure that non-Federal interests are made aware of 

13 the new annual report process, including the need 

14 for non-Federal interests to submit proposals during 

15 the Secretary’s annual request for proposals in order 

16 for such proposals to be eligible for consideration by 

17 Congress. 

18 (b) DISSEMINATION OF PROCESS INFORMATION.— 

19 The Secretary shall develop, support, and implement edu20 cation and awareness efforts for non-Federal interests 

21 with respect to the annual Report to Congress on Future 

22 Water Resources Development required under section 

23 7001 of the Water Resources Reform and Development 

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


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1 (1) develop and disseminate technical assistance 

2 materials, seminars, and guidance on the annual 

3 process as it relates to non-Federal interests; 

4 (2) provide written notice to local elected offi5 cials and previous and potential non-Federal inter6 ests on the annual process and on opportunities to 

7 address local water resources challenges through the 

8 missions and authorities of the Corps of Engineers; 

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

10 assist such interests in developing proposals for 

11 water resources development projects that satisfy the 

12 requirements of such section 7001; and 

13 (4) provide, at the request of a non-Federal in14 terest, assistance with researching and identifying 

15 existing project authorizations and Corps of Engi16 neers decision documents. 

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

18 (a) PUBLIC NOTICE.— 

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

20 issuing any new or revised implementation guidance 

21 for a covered water resources development law, the 

22 Secretary shall issue a public notice that— 

23 (A) informs potentially interested non-Fed24 eral stakeholders of the Secretary’s intent to 

25 develop and issue such guidance; and 


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1 (B) provides an opportunity for interested 

2 non-Federal stakeholders to engage with, and 

3 provide input and recommendations to, the Sec4 retary on the development and issuance of such 

5 guidance. 

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

7 issue the notice under paragraph (1) through a post8 ing on a publicly accessible website dedicated to pro9 viding notice on the development and issuance of im10 plementation guidance for a covered water resources 

11 development law. 

12 (b) STAKEHOLDER ENGAGEMENT.— 

13 (1) INPUT.—The Secretary shall allow a min14 imum of 60 days after issuance of the public notice 

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

16 provide input and recommendations to the Secretary, 

17 prior to finalizing implementation guidance for a 

18 covered water resources development law. 

19 (2) OUTREACH.—The Secretary may, as appro20 priate (as determined by the Secretary), reach out to 

21 non-Federal stakeholders and circulate drafts of im22 plementation guidance for a covered water resources 

23 development law for informal feedback and rec24 ommendations. 


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1 (c) DEVELOPMENT OF GUIDANCE.—When developing 

2 implementation guidance for a covered water resources de3 velopment law, the Secretary shall take into consideration 

4 the input and recommendations received from non-Federal 

5 stakeholders, and make the final guidance available to the 

6 public on-line on a publicly accessible website. 

7 (d) COVERED WATER RESOURCES DEVELOPMENT

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

9 development law’’ means— 

10 (1) the Water Resources Reform and Develop11 ment Act of 2014; 

12 (2) the Water Resources Development Act of 

13 2016; 

14 (3) this Act; and 

15 (4) any Federal water resources development 

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

17 SEC. 115. COMPREHENSIVE BACKLOG REPORT. 

18 Section 1001(b)(4) of the Water Resources Develop19 ment Act of 1986 (33 U.S.C. 579a(b)(4)) is amended— 

20 (1) in the header, by inserting ‘‘AND OPER21 ATION AND MAINTENANCE’’ after ‘‘BACKLOG’’; 

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

23 follows: 

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

25 compile and publish— 


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

2 separable elements of projects of the Corps 

3 of Engineers that are authorized for con4 struction but have not been completed; and 

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

6 and maintenance needs of projects and 

7 properties under the control of the Corps 

8 of Engineers.’’; 

9 (3) in subparagraph (B)— 

10 (A) in the heading, by inserting ‘‘BACK11 LOG’’ before ‘‘INFORMATION’’; and 

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

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

14 ‘‘subparagraph (A)(i)’’; 

15 (4) by redesignating subparagraph (C) as sub16 paragraph (D) and inserting after subparagraph (B) 

17 the following: 

18 ‘‘(C) REQUIRED OPERATION AND MAINTE19 NANCE INFORMATION.—The Secretary shall in20 clude on the list developed under subparagraph 

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

22 control of the Corps of Engineers on that list— 

23 ‘‘(i) the authority under which the 

24 project was authorized or the property was 

25 acquired by the Corps of Engineers; 


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

2 or property; 

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

4 to meet the major operation and mainte5 nance needs at the project or property; and 

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

7 operation and maintenance needs at the 

8 project or property.’’; and 

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

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

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

12 year after the date of enactment of this para13 graph, the Secretary shall submit a copy of the 

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

15 biennially thereafter, in conjunction with the 

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

18 States Code, the Secretary shall submit a copy 

19 of the lists’’; and 

20 (B) in clause (ii), by striking ‘‘list’’ and in21 serting ‘‘lists’’. 

22 SEC. 116. STRUCTURES AND FACILITIES CONSTRUCTED BY 

23 SECRETARY. 

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

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


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1 ‘‘(d) WORK DEFINED.—For the purposes of this sec2 tion, the term ‘work’ shall not include unimproved real es3 tate owned or operated by the Secretary as part of a water 

4 resources development project if the Secretary determines 

5 that modification of such real estate would not affect the 

6 function and usefulness of the project.’’. 

7 SEC. 117. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 

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

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

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

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

12 Water Resources Development Act of 2018, the Sec13 retary’’. 

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

15 ARMY CORPS OF ENGINEERS. 

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

17 agreement with the National Academy of Sciences to con18 vene a committee of experts to carry out a comprehensive 

19 study on— 

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

21 carry out its statutory missions and responsibilities, 

22 and the potential effects of transferring the func23 tions (including regulatory obligations), personnel, 

24 assets, and civilian staff responsibilities of the Sec25 retary relating to civil works from the Department 


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1 of Defense to a new or existing agency or sub-agen2 cy of the Federal Government, including how such a 

3 transfer might affect the Federal Government’s abil4 ity to meet the current statutory missions and re5 sponsibilities of the Corps of Engineers; and 

6 (2) improving the Corps of Engineers’ project 

7 delivery processes, including recommendations for 

8 such improvements, taking into account factors in9 cluding— 

10 (A) the effect of the annual appropriations 

11 process on the ability of the Corps of Engineers 

12 to efficiently secure and carry out contracts for 

13 water resources projects and perform regulatory 

14 obligations; and 

15 (B) the effect that the current Corps of 

16 Engineers leadership and geographic structure 

17 at the division and district levels has on its abil18 ity to carry out its missions in a cost-effective 

19 manner. 

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

21 subsection (a) shall include consideration of— 

22 (1) effects on the national security of the 

23 United States; 

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

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1 ity to assist ongoing and future operations of the 

2 United States Armed Services; and 

3 (3) emergency and natural disaster response 

4 obligations of the Federal Government that are car5 ried out by the Corps of Engineers. 

6 (c) CONSULTATION.—The agreement entered into 

7 under subsection (a) shall require the National Academy 

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

9 (1) the Department of Defense, including the 

10 Secretary of the Army and the Assistant Secretary 

11 of the Army for Civil Works; 

12 (2) the Department of Transportation; 

13 (3) the Environmental Protection Agency; 

14 (4) the Department of Homeland Security; 

15 (5) the Office of Management and Budget; 

16 (6) other appropriate Federal agencies; 

17 (7) professional and non-governmental organi18 zations; and 

19 (8) the Committee on Transportation and In20 frastructure of the House of Representatives and the 

21 Committee on Environment and Public Works of the 

22 Senate. 

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

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1 section (a) to the Committee on Transportation and Infra2 structure of the House of Representatives and the Com3 mittee on Environment and Public Works of the Senate 

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

5 Act. 

6 SEC. 119. ACKNOWLEDGMENT OF CREDIT. 

7 Section 7007(a) of the Water Resources Development 

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

9 by adding at the end the following: ‘‘Notwithstanding sec10 tion 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 

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

12 credit for work carried out during the period beginning 

13 on November 8, 2007, and ending on the date of enact14 ment of the Water Resources Development Act of 2018 

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

16 if the Secretary determines that the work is integral to 

17 the project and was carried out in accordance with the 

18 laws specified in section 5014(i)(2)(A) of the Water Re19 sources Reform and Development Act of 2014 (128 Stat. 

20 1331) and all other applicable Federal laws.’’. 

21 SEC. 120. NON-FEDERAL IMPLEMENTATION PILOT PRO22 GRAM. 

23 Section 1043(b)(8) of the Water Resources Reform 

24 and Development Act of 2014 (33 U.S.C. 2201 


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1 note(b)(8)) is amended by striking ‘‘2015 through 2019’’ 

2 and inserting ‘‘2019 through 2023’’. 

3 SEC. 121. STUDY OF WATER RESOURCES DEVELOPMENT 

4 PROJECTS BY NON-FEDERAL INTERESTS. 

5 Section 203 of the Water Resources Development Act 

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

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

8 authorized’’ before ‘‘feasibility study’’; 

9 (2) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) SUBMISSION TO CONGRESS.— 

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

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

14 of receipt of a feasibility study of a project under 

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

16 Committee on Environment and Public Works of the 

17 Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives a re19 port that describes— 

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

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

22 determination of whether the project is feasible; 

23 ‘‘(B) any recommendations the Secretary 

24 may have concerning the plan or design of the 

25 project; and 


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1 ‘‘(C) any conditions the Secretary may re2 quire for construction of the project. 

3 ‘‘(2) LIMITATION.—The completion of the re4 view by the Secretary of a feasibility study that has 

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

6 delayed as a result of consideration being given to 

7 changes in policy or priority with respect to project 

8 consideration.’’; and 

9 (3) by amending subsection (e) to read as fol10 lows: 

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

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

13 expend funds provided by non-Federal interests to 

14 undertake reviews, inspections, certifications, and 

15 other activities that are the responsibility of the Sec16 retary in carrying out this section. 

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

18 of a non-Federal interest, the Secretary may provide 

19 to the non-Federal interest technical assistance re20 lating to any aspect of a feasibility study if the non21 Federal interest contracts with the Secretary to pay 

22 all costs of providing such technical assistance. 

23 ‘‘(3) LIMITATION.—Funds provided by non24 Federal interests under this subsection shall not be 


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1 eligible for credit under subsection (d) or reimburse2 ment. 

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

4 out this section, the Secretary shall ensure that the 

5 use of funds accepted from a non-Federal interest 

6 will not affect the impartial decisionmaking of the 

7 Secretary, either substantively or procedurally.’’. 

8 SEC. 122. CONSTRUCTION OF WATER RESOURCES DEVEL9 OPMENT PROJECTS BY NON-FEDERAL INTER10 ESTS. 

11 Section 204 of the Water Resources Development Act 

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

13 (1) in subsection (b)— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A), by inserting ‘‘feder16 ally authorized’’ before ‘‘water resources devel17 opment project’’; 

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

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

20 semicolon; and 

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

22 ‘‘(3) PERMIT EXCEPTION.— 

23 ‘‘(A) IN GENERAL.—With respect to a 

24 project described in subsection (a)(1) or sub25 section (a)(3), or a separable element thereof, 


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1 and subject to the execution of a written agree2 ment described in subparagraph (B), a non3 Federal interest that carries out a project under 

4 this section shall not be required to obtain any 

5 Federal permits or approvals that would not be 

6 required if the Secretary carried out the project 

7 or separable element unless there are significant 

8 new circumstances or information relevant to 

9 environmental concerns or compliance since de10 velopment of the project recommendation 

11 ‘‘(B) WRITTEN AGREEMENT.—For pur12 poses of this paragraph, a written agreement 

13 shall provide that the non-Federal interest shall 

14 comply with the same legal and technical re15 quirements that would apply if the project or 

16 separable element were carried out by the Sec17 retary, including all mitigation required to off18 set environmental impacts of the project or sep19 arable element as determined by the Secretary’’; 

20 and 

21 (2) in subsection (d)(5)— 

22 (A) by striking ‘‘flood damage reduction’’ 

23 each place it appears and inserting ‘‘water re24 sources development’’; 


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1 (B) in subparagraph (A), by striking ‘‘for 

2 a discrete segment of a’’ and inserting ‘‘for car3 rying out a discrete segment of a federally au4 thorized’’; and 

5 (C) in subparagraph (D), in the matter 

6 preceding clause (i), by inserting ‘‘to be carried 

7 out’’ after ‘‘project’’. 

8 SEC. 123. ADVANCED FUNDS FOR WATER RESOURCES DE9 VELOPMENT STUDIES AND PROJECTS. 

10 (a) CONTRIBUTIONS BY STATES AND POLITICAL

11 SUBDIVISIONS FOR IMMEDIATE USE ON AUTHORIZED

12 FLOOD-CONTROL WORK; REPAYMENT.—The Act of Octo13 ber 14, 1940 (54 Stat. 1176; 33 U.S.C. 701h–1) is 

14 amended— 

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

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

17 federally authorized water resources development 

18 project,’’; 

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

20 ‘‘such project’’; 

21 (3) by striking ‘‘flood-control work’’ and insert22 ing ‘‘such project’’; and 

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

24 purposes of this Act, the term ‘State’ means the sev25 eral States, the District of Columbia, the commonVerDate Sep 11 2014 00:27 May 19, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H8.IH H8

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1 wealths, territories, and possessions of the United 

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

3 of the Indian Self-Determination and Education As4 sistance Act (25 U.S.C. 5304(e))).’’. 

5 (b) NO ADVERSE EFFECT ON PROCESSES.—In im6 plementing any provision of law that authorizes a non7 Federal interest to provide, advance, or contribute funds 

8 to the Secretary for the development or implementation 

9 of a water resources development project (including sec10 tions 203 and 204 of the Water Resources Development 

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

12 of June 22, 1936 (33 U.S.C. 701h), and the Act of Octo13 ber 15, 1940 (33 U.S.C. 701h–1)), the Secretary shall en14 sure, to the maximum extent practicable, that the use by 

15 a non-Federal interest of such authorities does not ad16 versely affect— 

17 (1) the process or timeline for development and 

18 implementation of other water resources develop19 ment projects by other non-Federal entities that do 

20 not use such authorities; or 

21 (2) the process for including such projects in 

22 the President’s annual budget submission to Con23 gress under section 1105(a) of title 31, United 

24 States Code. 


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

2 Section 11 of the Act of March 3, 1925 (33 U.S.C. 561) 

3 is repealed. 

4 SEC. 124. FUNDING TO PROCESS PERMITS. 

5 Section 214(a) of the Water Resources Development 

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

7 (1) in paragraph (3), by striking ‘‘10 years’’ 

8 and inserting ‘‘12 years’’; and 

9 (2) in paragraph (5)— 

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

11 enactment of this paragraph’’ and inserting 

12 ‘‘December 31, 2022’’; and 

13 (B) by striking ‘‘carry out a study’’ and in14 serting ‘‘carry out a follow-up study’’. 

15 SEC. 125. STUDY ON ECONOMIC AND BUDGETARY ANAL16 YSES. 

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

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

19 into an agreement with the National Academy of Sciences 

20 to— 

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

22 and analytical methodologies currently used by or 

23 applied to the Corps of Engineers to formulate, 

24 evaluate, and budget for water resources develop25 ment projects; and 


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1 (2) make recommendations to Congress on po2 tential changes to such principles and methodologies 

3 to improve transparency, return on Federal invest4 ment, cost savings, and prioritization, in the formu5 lation, evaluation, and budgeting of such projects. 

6 (b) CONSIDERATIONS.—The study under subsection 

7 (a) shall include— 

8 (1) an analysis of the current economic prin9 ciples and analytical methodologies used by or ap10 plied to the Corps of Engineers in determining the 

11 total benefits and total costs during the formulation 

12 of, and plan selection for, a water resources develop13 ment project; 

14 (2) an analysis of improvements or alternatives 

15 to how the Corps of Engineers utilizes the National 

16 Economic Development, Regional Economic Develop17 ment, Environmental Quality, and Other Social Ef18 fects accounts developed by the Institute for Water 

19 Resources of the Corps of Engineers in the formula20 tion of, and plan selection for, such projects; 

21 (3) an analysis of whether such principles and 

22 methodologies fully account for all of the potential 

23 benefits of project alternatives, including any reason24 ably associated benefits of such alternatives that are 


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

2 resources management; 

3 (4) an analysis of whether such principles and 

4 methodologies fully account for all of the costs of 

5 project alternatives, including potential societal 

6 costs, such as lost ecosystem services, and full life7 cycle costs for such alternatives; and 

8 (5) an analysis of the methodologies utilized by 

9 the Federal Government in setting and applying dis10 count rates for benefit-cost analyses used in the for11 mulation, evaluation, and budgeting of Corps of En12 gineers water resources development projects. 

13 (c) PUBLICATION.—The agreement entered into 

14 under subsection (a) shall require the National Academy 

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

16 of the study— 

17 (1) submit a report containing the results of 

18 the study and the recommendations to the Com19 mittee on Environment and Public Works of the 

20 Senate and the Committee on Transportation and 

21 Infrastructure of the House of Representatives; and 

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

23 publicly accessible website. 

24 (d) SENSE OF CONGRESS ON BUDGETARY EVALUA25 TION METRICS AND TRANSPARENCY.—It is the sense of 


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1 Congress that the President, in the formulation of the an2 nual budget request for the U.S. Army Corps of Engineers 

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

4 (1) aligns the assessment of the potential ben5 efit-cost ratio for budgeting water resources develop6 ment projects with that used by the Corps of Engi7 neers during project plan formulation and evaluation 

8 pursuant to section 80 of the Water Resources De9 velopment Act of 1974 (42 U.S.C. 1962d–17); and 

10 (2) demonstrates the transparent criteria and 

11 metrics utilized by the President in the evaluation 

12 and selection of water resources development 

13 projects included in the budget request. 

14 TITLE II—STUDIES 

15 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

16 STUDIES. 

17 The Secretary is authorized to conduct a feasibility 

18 study for the following projects for water resources devel19 opment and conservation and other purposes, as identified 

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

21 Resources Development’’ submitted to Congress on March 

22 17, 2017, and February 5, 2018, respectively, pursuant 

23 to section 7001 of the Water Resources Reform and Devel24 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re25 viewed by Congress: 


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

2 flood risk management, Phoenix, Arizona. 

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

4 for flood risk management, navigation, and eco5 system restoration, San Diego, California. 

6 (3) J. BENNETT JOHNSTON WATERWAY, LOU7 ISIANA.—Project for navigation, J. Bennett John8 ston Waterway, Louisiana. 

9 (4) NORTHSHORE, LOUISIANA.—Project for 

10 flood risk management, St. Tammany Parish, Lou11 isiana. 

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

13 Project for navigation, Little River, Louisiana. 

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

15 for ecosystem restoration and flood risk manage16 ment, Chautauqua, New York. 

17 (7) TRINITY RIVER AND TRIBUTARIES, 

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

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

20 flood risk management, Irving, Texas. 

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

22 flood risk management, ecosystem restoration, and 

23 navigation, Coastal Virginia. 


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

2 flood risk management and ecosystem restoration, 

3 Tangier Island, Virginia. 

4 SEC. 202. ADDITIONAL STUDIES. 

5 (a) LOWER MISSISSIPPI RIVER; MISSOURI, KEN6 TUCKY, TENNESSEE, ARKANSAS, MISSISSIPPI, AND LOU7 ISIANA.— 

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

9 to carry out studies to determine the feasibility of 

10 habitat restoration for each of the eight reaches 

11 identified as priorities in the report prepared by the 

12 Secretary pursuant to section 402 of the Water Re13 sources Development Act of 2000, titled ‘‘Lower 

14 Mississippi River Resource Assessment; Final As15 sessment In Response to Section 402 of WRDA 

16 2000’’ and dated July 2015. 

17 (2) CONSULTATION.—The Secretary shall con18 sult with the Lower Mississippi River Conservation 

19 Committee during each feasibility study carried out 

20 under paragraph (1). 

21 (b) ST. LOUIS RIVERFRONT, MERAMEC RIVER

22 BASIN, MISSOURI AND ILLINOIS.— 

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

24 to carry out studies to determine the feasibility of a 

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1 agement in Madison, St. Clair, and Monroe counties, 

2 Illinois, St. Louis City, and St. Louis, Jefferson, 

3 Franklin, Gasconade, Maries, Phelps, Crawford, 

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

5 Osage, Reynolds, and Texas counties, Missouri. 

6 (2) CONTINUATION OF EXISTING STUDY.—Any 

7 study carried out under paragraph (1) shall be con8 sidered a continuation of the study being carried out 

9 under Committee Resolution 2642 of the Committee 

10 on Transportation and Infrastructure of the House 

11 of Representatives, adopted June 21, 2000. 

12 SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CER13 TAIN PROJECTS. 

14 (a) FEASIBILITY REPORTS.—The Secretary shall ex15 pedite the completion of a feasibility study for each of the 

16 following projects, and if the Secretary determines that 

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

18 directly to preconstruction planning, engineering, and de19 sign of the project: 

20 (1) Project for riverbank stabilization, Selma, 

21 Alabama. 

22 (2) Project for ecosystem restoration, Three 

23 Mile Creek, Alabama. 

24 (3) Project for flood diversion, Seward, Alaska. 


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1 (4) Project for flood control, water conserva2 tion, and related purposes, Coyote Valley Dam, Cali3 fornia. 

4 (5) Project for flood risk management, South 

5 San Francisco, California. 

6 (6) Project for flood risk management and eco7 system restoration, Tijuana River, California. 

8 (7) Project for flood risk management in East 

9 Hartford, Connecticut. 

10 (8) Project for flood risk management in Hart11 ford, Connecticut. 

12 (9) Projects under the Comprehensive Flood 

13 Mitigation Study for the Delaware River Basin. 

14 (10) Project for ecosystem restoration, Lake 

15 Apopka, Florida. 

16 (11) Project for ecosystem restoration, Kansas 

17 River Weir, Kansas. 

18 (12) Project for water resource improvements, 

19 Willamette River Basin, Fern Ridge, Oregon. 

20 (13) Project for navigation, Tacoma Harbor, 

21 Washington. 

22 (b) POST-AUTHORIZATION CHANGE REPORTS.—The 

23 Secretary shall expedite completion of a post-authorization 

24 change report for the following projects: 


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1 (1) Project for flood risk management, San 

2 Luis Rey River Flood Control Protection Project, 

3 California. 

4 (2) Project for flood risk management, Success 

5 Reservoir Enlargement Project, California. 

6 (3) Everglades Agricultural Area Reservoir, 

7 Central Everglades Planning Project, Florida. 

8 TITLE III—DEAUTHORIZATIONS, 

9 MODIFICATIONS, AND RE10 LATED PROVISIONS 

11 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

13 (1) to identify $3,000,000,000 in water re14 sources development projects authorized by Congress 

15 that are no longer viable for construction due to— 

16 (A) a lack of local support; 

17 (B) a lack of available Federal or non-Fed18 eral resources; or 

19 (C) an authorizing purpose that is no 

20 longer relevant or feasible; 

21 (2) to create an expedited and definitive process 

22 for Congress to deauthorize water resources develop23 ment projects that are no longer viable for construc24 tion; and 


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1 (3) to allow the continued authorization of 

2 water resources development projects that are viable 

3 for construction. 

4 (b) INTERIM DEAUTHORIZATION LIST.— 

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

6 an interim deauthorization list that identifies— 

7 (A) each water resources development 

8 project, or separable element of a project, au9 thorized for construction before November 8, 

10 2007, for which— 

11 (i) planning, design, or construction 

12 was not initiated before the date of enact13 ment of this Act; or 

14 (ii) planning, design, or construction 

15 was initiated before the date of enactment 

16 of this Act, but for which no funds, Fed17 eral or non-Federal, were obligated for 

18 planning, design, or construction of the 

19 project or separable element of the project 

20 during the current fiscal year or any of the 

21 6 preceding fiscal years; and 

22 (B) each project or separable element iden23 tified and included on a list to Congress for de24 authorization pursuant to section 1001(b)(2) of 


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1 the Water Resources Development Act of 1986 

2 (33 U.S.C. 579a(b)(2)). 

3 (2) PUBLIC COMMENT AND CONSULTATION.— 

4 (A) IN GENERAL.—The Secretary shall so5 licit comments from the public and the Gov6 ernors of each applicable State on the interim 

7 deauthorization list developed under paragraph 

8 (1). 

9 (B) COMMENT PERIOD.—The public com10 ment period shall be 90 days. 

11 (3) SUBMISSION TO CONGRESS; PUBLICA12 TION.—Not later than 90 days after the date of the 

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

14 the Secretary shall— 

15 (A) submit a revised interim deauthoriza16 tion list to the Committee on Environment and 

17 Public Works of the Senate and the Committee 

18 on Transportation and Infrastructure of the 

19 House of Representatives; and 

20 (B) publish the revised interim deauthor21 ization list in the Federal Register. 

22 (c) FINAL DEAUTHORIZATION LIST.— 

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

24 a final deauthorization list of water resources devel25 opment projects, or separable elements of projects, 


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1 from the revised interim deauthorization list de2 scribed in subsection (b)(3). 

3 (2) DEAUTHORIZATION AMOUNT.— 

4 (A) PROPOSED FINAL LIST.—The Sec5 retary shall prepare a proposed final deauthor6 ization list of projects and separable elements of 

7 projects that have, in the aggregate, an esti8 mated Federal cost to complete that is at least 

9 $3,000,000,000. 

10 (B) DETERMINATION OF FEDERAL COST

11 TO COMPLETE.—For purposes of subparagraph 

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

13 account any allowances authorized by section 

14 902 of the Water Resources Development Act 

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

16 most recent project schedule and cost estimate. 

17 (3) IDENTIFICATION OF PROJECTS.— 

18 (A) SEQUENCING OF PROJECTS.— 

19 (i) IN GENERAL.—The Secretary shall 

20 identify projects and separable elements of 

21 projects for inclusion on the proposed final 

22 deauthorization list according to the order 

23 in which the projects and separable ele24 ments of the projects were authorized, be25 ginning with the earliest authorized 


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1 projects and separable elements of projects 

2 and ending with the latest project or sepa3 rable element of a project necessary to 

4 meet the aggregate amount under para5 graph (2)(A). 

6 (ii) FACTORS TO CONSIDER.—The 

7 Secretary may identify projects and sepa8 rable elements of projects in an order other 

9 than that established by clause (i) if the 

10 Secretary determines, on a case-by-case 

11 basis, that a project or separable element 

12 of a project is critical for interests of the 

13 United States, based on the possible im14 pact of the project or separable element of 

15 the project on public health and safety, the 

16 national economy, or the environment. 

17 (iii) CONSIDERATION OF PUBLIC COM18 MENTS.—In making determinations under 

19 clause (ii), the Secretary shall consider any 

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

21 (B) APPENDIX.—The Secretary shall in22 clude as part of the proposed final deauthoriza23 tion list an appendix that— 

24 (i) identifies each project or separable 

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1 authorization list developed under sub2 section (b) that is not included on the pro3 posed final deauthorization list; and 

4 (ii) describes the reasons why the 

5 project or separable element is not in6 cluded on the proposed final list. 

7 (4) PUBLIC COMMENT AND CONSULTATION.— 

8 (A) IN GENERAL.—The Secretary shall so9 licit comments from the public and the Gov10 ernor of each applicable State on the proposed 

11 final deauthorization list and appendix devel12 oped under paragraphs (2) and (3). 

13 (B) COMMENT PERIOD.—The public com14 ment period shall be 90 days. 

15 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

16 PUBLICATION.—Not later than 120 days after the 

17 date of the close of the comment period under para18 graph (4), the Secretary shall— 

19 (A) submit a final deauthorization list and 

20 an appendix to the final deauthorization list in 

21 a report to the Committee on Environment and 

22 Public Works of the Senate and the Committee 

23 on Transportation and Infrastructure of the 

24 House of Representatives; and 


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1 (B) publish the final deauthorization list 

2 and the appendix to the final deauthorization 

3 list in the Federal Register. 

4 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

6 180-day period beginning on the date of submission 

7 of the final deauthorization list and appendix under 

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

9 project identified in the final deauthorization list is 

10 hereby deauthorized, unless Congress passes a joint 

11 resolution disapproving the final deauthorization list 

12 prior to the end of such period. 

13 (2) NON-FEDERAL CONTRIBUTIONS.— 

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

15 element of a project identified in the final de16 authorization list under subsection (c) shall not 

17 be deauthorized under this subsection if, before 

18 the expiration of the 180-day period referred to 

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

20 the project or separable element of the project 

21 provides sufficient funds to complete the project 

22 or separable element of the project. 

23 (B) TREATMENT OF PROJECTS.—Notwith24 standing subparagraph (A), each project and 

25 separable element of a project identified in the 


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1 final deauthorization list shall be treated as de2 authorized for purposes of the aggregate de3 authorization amount specified in subsection 

4 (c)(2)(A). 

5 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

6 project or separable element of a project identified 

7 in the appendix to the final deauthorization list shall 

8 remain subject to future deauthorization by Con9 gress. 

10 (e) SPECIAL RULE FOR PROJECTS RECEIVING

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

12 separable element of a project may not be identified on 

13 the interim deauthorization list developed under sub14 section (b), or the final deauthorization list developed 

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

16 received funding for a post-authorization study during the 

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

18 (f) GENERAL PROVISIONS.— 

19 (1) DEFINITIONS.—In this section, the fol20 lowing definitions apply: 

21 (A) POST-AUTHORIZATION STUDY.—The 

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

23 (i) a feasibility report developed under 

24 section 905 of the Water Resources Devel25 opment Act of 1986 (33 U.S.C. 2282); 


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1 (ii) a feasibility study, as defined in 

2 section 105(d) of the Water Resources De3 velopment Act of 1986 (33 U.S.C. 

4 2215(d)); or 

5 (iii) a review conducted under section 

6 216 of the Flood Control Act of 1970 (33 

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

8 that— 

9 (I) demonstrates a Federal inter10 est; and 

11 (II) requires additional analysis 

12 for the project or separable element. 

13 (B) WATER RESOURCES DEVELOPMENT

14 PROJECT.—The term ‘‘water resources develop15 ment project’’ includes an environmental infra16 structure assistance project or program of the 

17 Corps of Engineers. 

18 (2) TREATMENT OF PROJECT MODIFICA19 TIONS.—For purposes of this section, if an author20 ized water resources development project or sepa21 rable element of the project has been modified by an 

22 Act of Congress, the date of the authorization of the 

23 project or separable element shall be deemed to be 

24 the date of the most recent modification. 


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1 SEC. 302. BACKLOG PREVENTION. 

2 (a) PROJECT DEAUTHORIZATION.— 

3 (1) IN GENERAL.—A water resources develop4 ment project, or separable element of such a project, 

5 authorized for construction by this Act shall not be 

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

7 beginning on the date of enactment of this Act un8 less— 

9 (A) funds have been obligated for construc10 tion of, or a post-authorization study for, such 

11 project or separable element during that period; 

12 or 

13 (B) the authorization contained in this Act 

14 has been modified by a subsequent Act of Con15 gress. 

16 (2) IDENTIFICATION OF PROJECTS.—Not later 

17 than 60 days after the expiration of the 10-year pe18 riod referred to in paragraph (1), the Secretary shall 

19 submit to the Committee on Environment and Pub20 lic Works of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives a report that identifies the projects 

23 deauthorized under paragraph (1). 

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

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

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


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1 to the Committee on Environment and Public Works of 

2 the Senate and the Committee on Transportation and In3 frastructure of the House of Representatives, and make 

4 available to the public, a report that contains— 

5 (1) a list of any water resources development 

6 projects authorized by this Act for which construc7 tion has not been completed during that period; 

8 (2) a description of the reasons the projects 

9 were not completed; 

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

11 based on expected levels of appropriations; and 

12 (4) a 5-year and 10-year projection of construc13 tion backlog and any recommendations to Congress 

14 regarding how to mitigate current problems and the 

15 backlog. 

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

17 Resources Reform Development Act of 2014 (33 U.S.C. 

18 579c(a)) is amended by striking ‘‘7’’ each place it appears 

19 and inserting ‘‘10’’. 

20 SEC. 303. PROJECT MODIFICATIONS. 

21 (a) CONSISTENCY WITH REPORTS.—Congress finds 

22 that the project modifications described in this section are 

23 in accordance with the reports submitted to Congress by 

24 the Secretary under section 7001 of the Water Resources 

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


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1 titled ‘‘Report to Congress on Future Water Resources 

2 Development’’, or have otherwise been reviewed by Con3 gress. 

4 (b) MODIFICATIONS.— 

5 (1) HARBOR/SOUTH BAY, CALIFORNIA.—Sec6 tion 219(f)(43) of the Water Resources Development 

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

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

9 ‘‘$70,000,000’’. 

10 (2) LAKES MARION AND MOULTRIE, SOUTH

11 CAROLINA.—Section 219(f)(25) of the Water Re12 sources Development Act of 1992 (113 Stat. 336; 

13 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 

14 1677) is amended by striking ‘‘$60,000,000’’ and in15 serting ‘‘$89,550,000’’. 

16 SEC. 304. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN. 

17 The portion of the project for navigation, Milwaukee 

18 Harbor, Milwaukee, Wisconsin, authorized by the first sec19 tion of the Act of March 3, 1843 (5 Stat. 619; chapter 

20 85), consisting of the navigation channel within the 

21 Menomonee River that extends from the 16th Street 

22 Bridge upstream to the upper limit of the authorized navi23 gation channel and described as follows is no longer au24 thorized beginning on the date of enactment of this Act: 


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

2 downstream of the 16th Street Bridge, 

3 N383219.703, E2521152.527. 

4 (2) Thence running westerly along the channel 

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

6 E2518620.712. 

7 (3) Thence running westerly by southwesterly 

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

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

10 E2518036.371. 

11 (4) Thence running northerly along the up12 stream limit of the existing project about 80.5 feet 

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

14 (5) Thence running easterly by northeasterly 

15 along the channel about 551.2 feet to a point, 

16 N383235.185, E2518571.108. 

17 (6) Thence running easterly along the channel 

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

19 E2521150.798. 

20 (7) Thence running southerly across the chan21 nel about 74.3 feet to the point of origin. 

22 SEC. 305. BRIDGEPORT HARBOR, CONNECTICUT. 

23 That portion of the project for navigation, Bridgeport 

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

25 1878 (20 Stat. 158), and modified by the Act of August 


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1 11, 1888 (25 Stat. 401), the Act of March 3, 1899 (30 

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

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

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

5 E879709.18 thence running southwesterly about 125 feet 

6 to a point N627832.03, E879649.91 is no longer author7 ized beginning on the date of enactment of this Act. 

8 SEC. 306. CONVEYANCES. 

9 (a) CHEATHAM COUNTY, TENNESSEE.— 

10 (1) CONVEYANCE AUTHORIZED.—The Secretary 

11 of the Army may convey to Cheatham County, Ten12 nessee (in this subsection referred to as the ‘‘Grant13 ee’’), all right, title, and interest of the United 

14 States in and to the real property in Cheatham 

15 County, Tennessee, consisting of approximately 9.19 

16 acres, identified as portions of tracts E–514–1, E– 

17 514–2, E–518–1, E–518–2, E–519–1, E–537–1, 

18 and E–538, all being part of the Cheatham Lock 

19 and Dam project at CRM 158.5, including any im20 provements thereon. 

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

22 this subsection shall be accomplished using a quit23 claim deed and upon such terms and conditions as 

24 the Secretary determines appropriate to protect the 

25 interests of the United States, to include retaining 


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1 the right to inundate with water any land trans2 ferred under this subsection. 

3 (3) CONSIDERATION.—The Grantee shall pay to 

4 the Secretary an amount that is not less than the 

5 fair market value of the land conveyed under this 

6 subsection, as determined by the Secretary. 

7 (4) SUBJECT TO EXISTING EASEMENTS AND

8 OTHER INTERESTS.—The conveyance of property 

9 under this section shall be subject to all existing 

10 easements, rights-of-way, and leases that are in ef11 fect as of the date of the conveyance. 

12 (b) NASHVILLE, TENNESSEE.— 

13 (1) CONVEYANCE AUTHORIZED.—The Secretary 

14 of the Army may convey, without consideration, to 

15 the City of Nashville, Tennessee (in this subsection 

16 referred to as ‘‘City’’), all right, title, and interest of 

17 the United States in and to the real property cov18 ered by Lease No. DACW62–1–84–149, including 

19 any improvements thereon, at the Riverfront Park 

20 Recreational Development, consisting of approxi21 mately 5 acres, subject to the right of the Secretary 

22 to retain any required easements in the property. 

23 (2) CONVEYANCE AGREEMENT.—A quit claim 

24 deed shall be used to convey real property under this 

25 subsection upon the terms and conditions mutually 


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1 satisfactory to the Secretary and the City. The deed 

2 shall provide that in the event the City, its succes3 sors, or assigns cease to maintain improvements for 

4 recreation included in the conveyance or otherwise 

5 utilize the real property conveyed for purposes other 

6 than recreation and compatible flood risk manage7 ment, the City, its successor, or assign shall repay 

8 to the United States the Federal share of the cost 

9 of constructing the improvements for recreation 

10 under the agreement between the United States and 

11 the City dated December 8, 1981, increased as nec12 essary to account for inflation. 

13 (c) GENERALLY APPLICABLE PROVISIONS.— 

14 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

15 The exact acreage and the legal description of any 

16 real property to be conveyed under this section shall 

17 be determined by a survey that is satisfactory to the 

18 Secretary. 

19 (2) APPLICABILITY OF PROPERTY SCREENING

20 PROVISIONS.—Section 2696 of title 10, United 

21 States Code, shall not apply to any conveyance 

22 under this section. 

23 (3) ADDITIONAL TERMS AND CONDITIONS.— 

24 The Secretary may require that any conveyance 

25 under this section be subject to such additional 


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1 terms and conditions as the Secretary considers nec2 essary and appropriate to protect the interests of the 

3 United States. 

4 (4) COSTS OF CONVEYANCE.—An entity to 

5 which a conveyance is made under this section shall 

6 be responsible for all reasonable and necessary costs, 

7 including real estate transaction and environmental 

8 documentation costs, associated with the conveyance. 

9 (5) LIABILITY.—An entity to which a convey10 ance is made under this section shall hold the 

11 United States harmless from any liability with re12 spect to activities carried out, on or after the date 

13 of the conveyance, on real property conveyed. The 

14 United States shall remain responsible for any liabil15 ity with respect to activities carried out, before such 

16 date, on the real property conveyed. 

17 SEC. 307. CLATSOP COUNTY, OREGON. 

18 The portions of the project for raising and improving 

19 existing levees of Clatsop County Diking District No. 13, 

20 in Clatsop County, Oregon, authorized by section 5 of the 

21 Act of June 22, 1936 (49 Stat. 1590), that are referred 

22 to as Christensen No. 1 Dike No. 42 and Christensen No. 

23 2 Levee No. 43 are no longer authorized beginning on the 

24 date of enactment of this Act. 


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1 SEC. 308. KISSIMMEE RIVER RESTORATION, CENTRAL AND 

2 SOUTHERN FLORIDA. 

3 Subject to a determination by the Secretary that the 

4 costs are reasonable and allowable and that the work for 

5 which credit is requested was carried out in accordance 

6 with the laws specified in section 5014(i)(2)(A) of the 

7 Water Resources Reform and Development Act of 2014 

8 (128 Stat. 1331) and all other applicable Federal laws, 

9 the Secretary may credit toward the non-Federal share of 

10 the cost of the Kissimmee River project, authorized in sec11 tion 101(8) of the Water Resources Development Act of 

12 1992 (106 Stat. 4802), the value of in-kind contributions 

13 made by the non-Federal interest with respect to the six 

14 following actions, as described in the final report of the 

15 Director of Civil Works on the Central and Southern Flor16 ida Project, Kissimmee River Restoration Project, dated 

17 April 27, 2018: 

18 (1) Shady Oaks Fish Camp land preparation. 

19 (2) Rocks Fish Camp land preparation. 

20 (3) Levee breaching of Sparks Candler and 

21 Bronson Levees. 

22 (4) Packingham Slough construction related to 

23 land acquisition. 

24 (5) Engineering analysis of River Acres engi25 neering solution. 

26 (6) Small local levee modifications. 


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1 SEC. 309. LYTLE AND CAJON CREEKS, CALIFORNIA. 

2 That portion of the channel improvement project, 

3 Lytle and Cajon Creeks, California, authorized to be car4 ried out as a part of the project for the Santa Ana River 

5 Basin, California, by the Act of December 22, 1944 

6 (Chapter 665; 58 Stat. 900), that consists of five earth7 filled groins commonly referred to as ‘‘the Riverside Ave8 nue groins’’ is no longer authorized as a Federal project 

9 beginning on the date of enactment of this Act. 

10 TITLE IV—WATER RESOURCES 

11 INFRASTRUCTURE 

12 SEC. 401. PROJECT AUTHORIZATIONS. 

13 The following projects for water resources develop14 ment and conservation and other purposes, as identified 

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

16 Resources Development’’ submitted to Congress on March 

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

18 to section 7001 of the Water Resources Reform and Devel19 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re20 viewed by Congress are authorized to be carried out by 

21 the Secretary substantially in accordance with the plans, 

22 and subject to the conditions, described in the respective 

23 reports or decision documents designated in this section: 


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1 (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 

2 (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) 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 


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A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

2. KY Kentucky River 

Locks and 

Dams - 1, 2, 3, 

and 4 

April 20, 

2018 

Federal: $0 

Non-Federal: $0 

Total: $0 

Æ 


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