IB 

Union Calendar No. 548 

115TH CONGRESS 

2D SESSION H. R. 8 

[Report No. 115–708] 

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 

JUNE 1, 2018 

Additional sponsors: Mr. DUNCAN of Tennessee, Ms. ESTY of Connecticut, Mr. 

LOBIONDO, Mr. LARSEN of Washington, Mr. HUNTER, Mr. GARAMENDI, 

Mr. GRAVES of Missouri, Ms. NORTON, Mr. DENHAM, Mr. CAPUANO, Mr. 

BARLETTA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. GIBBS, Mr. 

CUMMINGS, Mr. SANFORD, Mr. LIPINSKI, Mr. ROUZER, Mr. NOLAN, Mr. 

WEBER of Texas, Mrs. BUSTOS, Mr. MITCHELL, Ms. BROWNLEY of California, Mr. FASO, Ms. WILSON of Florida, Mr. FERGUSON, Mr. PAYNE, 

Mr. LOWENTHAL, Mrs. LAWRENCE, and Mr. DESAULNIER

JUNE 1, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 18, 2018] 


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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. 


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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. 

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. Identification of nonpowered dams for hydropower development. 

Sec. 109. Emergency response to natural disasters. 

Sec. 110. Integrated water resources planning. 

Sec. 111. Mitigation banks. 

Sec. 112. Indian Tribes. 

Sec. 113. Columbia River. 

Sec. 114. Dissemination of information. 

Sec. 115. Non-Federal engagement and review. 

Sec. 116. Comprehensive backlog report. 

Sec. 117. Structures and facilities constructed by Secretary. 

Sec. 118. Transparency in administrative expenses. 

Sec. 119. Study of the future of the United States Army Corps of Engineers. 

Sec. 120. Acknowledgment of credit. 

Sec. 121. Non-Federal implementation pilot program. 

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

Sec. 123. Construction of water resources development projects by non-Federal interests. 

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. 


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Sec. 134. Corps of Engineers continuing authorities program. 

Sec. 135. Credit in lieu of 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. 

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. 

Sec. 310. Yuba River Basin, California. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

1 SEC. 2. SECRETARY DEFINED. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 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, hydroelectric 


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1 power, recreation, water supply, environmental protection, 

2 restoration, and enhancement, and fish and wildlife mitiga3 tion benefit all Americans, and because water resources de4 velopment projects are critical to maintaining the country’s 

5 economic prosperity, national security, and environmental 

6 protection, Congress should consider a water resources de7 velopment bill not less often than once every Congress. 

8 SEC. 102. USE OF HARBOR MAINTENANCE TRUST FUND TO 

9 SUPPORT NAVIGATION. 

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

11 Water Resources Development Act of 1986 (33 U.S.C. 2238) 

12 is amended— 

13 (1) in the section heading by striking ‘‘AU14 THORIZATION OF APPROPRIATIONS’’ and insert15 ing ‘‘FUNDING FOR HARBOR NAVIGATION’’; 

16 (2) by redesignating subsections (c), (d), (e), and 

17 (f) as subsections (d), (e), (f), and (g), respectively; 

18 and 

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) USE OF COLLECTED FUNDS IN FISCAL YEAR 2029 

22 AND THEREAFTER.— 

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

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

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


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1 Maintenance Trust Fund, without further appropria2 tion, for fiscal year 2029 and each fiscal year there3 after, such sums as may be necessary to carry out the 

4 purposes of subsection (a)(2). 

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

6 made available under this subsection shall remain 

7 available until expended.’’. 

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

9 Water Resources Development Act of 1986 (33 U.S.C. 2238) 

10 is further amended— 

11 (1) in subsection (d)(2)(A)(i) (as redesignated by 

12 subsection (a)(2) of this section) by striking ‘‘sub13 section (e)’’ and inserting ‘‘subsection (f)’’; 

14 (2) in subsection (e)(3)(B)(i) (as redesignated by 

15 subsection (a)(2) of this section) by striking ‘‘sub16 section (c)(2)(A)’’ and inserting ‘‘subsection 

17 (d)(2)(A)’’; and 

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

19 subsection (a)(2) of this section) by striking ‘‘sub20 section (d)(2)’’ and inserting ‘‘subsection (e)(2)’’. 

21 SEC. 103. ASSESSMENT OF HARBORS AND INLAND HAR22 BORS. 

23 Subsection (f) of section 210 of the Water Resources 

24 Development Act of 1986 (33 U.S.C. 2238), as redesignated 

25 by section 102, is amended— 


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

2 the’’ and inserting ‘‘shall assess, and issue a report to 

3 Congress on, the’’; and 

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

5 following: 

6 ‘‘(C) OPPORTUNITIES FOR BENEFICIAL USE

7 OF DREDGED MATERIALS.—In carrying out 

8 paragraph (1), the Secretary shall identify po9 tential opportunities for the beneficial use of 

10 dredged materials obtained from harbors and in11 land harbors referred to in subsection (a)(2), in12 cluding projects eligible under section 1122 of the 

13 Water Resources Development Act of 2016 (130 

14 Stat. 1645; 33 U.S.C. 2326 note).’’. 

15 SEC. 104. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 

16 Title IX of the Water Resources Development Act of 

17 2007 (33 U.S.C. 3301 et seq.) is amended— 

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

19 ‘‘2015 through 2019’’ and inserting ‘‘2019 through 

20 2023’’; and 

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

22 2019’’ each place it appears and inserting ‘‘2019 

23 through 2023’’. 


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1 SEC. 105. DAM SAFETY. 

2 Section 14 of the National Dam Safety Program Act 

3 (33 U.S.C. 467j) is amended by striking ‘‘2015 through 

4 2019’’ each place it appears and inserting ‘‘2019 through 

5 2023’’. 

6 SEC. 106. REHABILITATION OF CORPS OF ENGINEERS CON7 STRUCTED DAMS. 

8 Section 1177 of the Water Resources Development Act 

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

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

11 and inserting ‘‘$40,000,000’’; and 

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

13 and inserting ‘‘$40,000,000’’. 

14 SEC. 107. FORECAST-INFORMED RESERVOIR OPERATIONS. 

15 (a) REPORT ON FORECAST-INFORMED RESERVOIR OP16 ERATIONS.—Not later than one year after the date of com17 pletion of the forecast-informed reservoir operations re18 search study pilot program at Coyote Valley Dam, Russian 

19 River Basin, California (authorized by the River and Har20 bor Act of 1950 (64 Stat. 177)), the Secretary shall issue 

21 a report to the Committee on Transportation and Infra22 structure of the House of Representatives and the Committee 

23 on Environment and Public Works of the Senate on the re24 sults of the study pilot program. 

25 (b) CONTENTS OF REPORT.—The Secretary shall in26 clude in the report issued under subsection (a)— 


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

2 reservoir operations at Coyote Valley Dam, Cali3 fornia; 

4 (2) an assessment of the viability of using fore5 cast-informed reservoir operations at other dams 

6 owned or operated by the Secretary; 

7 (3) an identification of other dams owned or op8 erated by the Secretary where forecast-informed res9 ervoir operations may assist the Secretary in the op10 timization of future reservoir operations; and 

11 (4) any additional areas for future study of fore12 cast-informed reservoir operations. 

13 SEC. 108. IDENTIFICATION OF NONPOWERED DAMS FOR HY14 DROPOWER DEVELOPMENT. 

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

16 date of enactment of this section, the Secretary shall develop 

17 a list of existing nonpowered dams owned and operated by 

18 the Corps of Engineers that have the greatest potential for 

19 hydropower development. 

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

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

22 (1) The compatibility of hydropower generation 

23 with existing purposes of the dam. 

24 (2) The proximity of the dam to existing trans25 mission resources. 


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1 (3) The existence of studies to characterize envi2 ronmental, cultural, and historic resources relating to 

3 the dam. 

4 (4) Whether hydropower is an authorized pur5 pose of the dam. 

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

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

8 Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Environment and Public 

10 Works of the Senate, and make such list available to the 

11 public. 

12 SEC. 109. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

13 (a) IN GENERAL.—Section 5(a)(1) of the Act of August 

14 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the first 

15 sentence— 

16 (1) by striking ‘‘strengthening, raising, extend17 ing, or other modification thereof’’ and inserting 

18 ‘‘strengthening, raising, extending, realigning, or 

19 other modification thereof’’; and 

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

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

22 than an ordinary nature to the design level of protec23 tion when, in the discretion of the Chief of Engi24 neers,’’ and inserting ‘‘structure or project damaged 

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


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

2 or the design level of protection, whichever provides 

3 greater protection, when, in the discretion of the Chief 

4 of Engineers,’’. 

5 (b) DURATION.—Section 156(e) of the Water Resources 

6 Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amend7 ed by striking ‘‘6 years’’ and inserting ‘‘9 years’’. 

8 SEC. 110. INTEGRATED WATER RESOURCES PLANNING. 

9 In carrying out a water resources development feasi10 bility study, the Secretary shall consult with local govern11 ments in the watershed covered by such study to determine 

12 if local water management plans exist, or are under devel13 opment, for the purposes of stormwater management, water 

14 quality improvement, aquifer recharge, or water reuse. 

15 SEC. 111. 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 Regu19 lations. 

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

21 the use of mitigation banks to meet requirements for water 

22 resources development projects in order to update mitiga23 tion 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 of 

5 mitigation banks. 

6 (c) REQUIREMENTS.—The guidance issued under sub7 section (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 De12 velopment 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 mitiga22 tion project will be successfully completed, in ac23 cordance with applicable performance standards, 

24 under section 332.3(n) of title 33, Code of Fed25 eral 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 title 

5 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. 112. 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 Fed15 erally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 

16 5130)’’ and inserting ‘‘section 4(e) of the Indian Self-Deter17 mination and Education Assistance Act (25 U.S.C. 

18 5304(e))’’. 

19 (b) WRITTEN AGREEMENT REQUIREMENT FOR WATER

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

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

22 by striking ‘‘a federally recognized Indian tribe and, as de23 fined in section 3 of the Alaska Native Claims Settlement 

24 Act (43 U.S.C. 1602), a Native village, Regional Corpora25 tion, and Village Corporation’’ and inserting ‘‘an Indian 


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1 tribe, as defined in section 4(e) of the Indian Self-Deter2 mination and Education Assistance Act (25 U.S.C. 

3 5304(e))’’. 

4 SEC. 113. COLUMBIA RIVER. 

5 (a) BONNEVILLE DAM, OREGON.—Section 

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

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

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

9 may include housing and related improvements,’’. 

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

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

12 than 180 days after the date of enactment of this Act, 

13 and in consultation with the Secretary of the Interior, 

14 conduct a study to determine the extent to which In15 dian Tribes have been displaced as a result of the con16 struction of the John Day Dam, Columbia River, 

17 Washington and Oregon, as authorized by section 204 

18 of the Flood Control Act of 1950 (64 Stat. 179), in19 cluding an assessment of effects related to housing and 

20 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 assist25 ance, which may include housing and related imVerDate Sep 11 2014 22:14 Jun 01, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH 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. 1675) 

6 is repealed. 

7 (c) THE DALLES DAM, WASHINGTON AND OREGON.— 

8 The Secretary, in consultation with the Secretary of the In9 terior, shall complete a village development plan for any 

10 Indian Tribe displaced as a result of the construction of 

11 the Dalles Dam, Columbia River, Washington and Oregon, 

12 as authorized by section 204 of the Flood Control Act of 

13 1950 (64 Stat. 179). 

14 SEC. 114. 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 of 

23 the Corps of Engineers with strong congressional over24 sight. 


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1 (3) Section 7001 of the Water Resources Reform 

2 and Development Act of 2014 (33 U.S.C. 2282d) re3 quires the Secretary to develop and submit to Con4 gress each year a Report to Congress on Future Water 

5 Resources Development and, as part of the annual re6 port process, to— 

7 (A) publish a notice in the Federal Register 

8 that requests from non-Federal interests proposed 

9 feasibility studies and proposed modifications to 

10 authorized water resources development projects 

11 and feasibility studies for inclusion in the re12 port; and 

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

15 studies and proposed modifications that meet the 

16 criteria for inclusion established under such sec17 tion 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 thorough 

24 understanding of the water resources development 

25 needs and priorities of the United States, it is imporVerDate Sep 11 2014 22:14 Jun 01, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8

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1 tant that the Secretary take sufficient steps to ensure 

2 that non-Federal interests are made aware of the new 

3 annual report process, including the need for non4 Federal interests to submit proposals during the Sec5 retary’s annual request for proposals in order for such 

6 proposals to be eligible for consideration by Congress. 

7 (b) DISSEMINATION OF PROCESS INFORMATION.—The 

8 Secretary shall develop, support, and implement education 

9 and awareness efforts for non-Federal interests with respect 

10 to the annual Report to Congress on Future Water Re11 sources Development required under section 7001 of the 

12 Water Resources Reform and Development Act of 2014 (33 

13 U.S.C. 2282d), including efforts to— 

14 (1) develop and disseminate technical assistance 

15 materials, seminars, and guidance on the annual 

16 process as it relates to non-Federal interests; 

17 (2) provide written notice to local elected offi18 cials and previous and potential non-Federal interests 

19 on the annual process and on opportunities to address 

20 local water resources challenges through the missions 

21 and authorities of the Corps of Engineers; 

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

23 assist such interests in developing proposals for water 

24 resources development projects that satisfy the require25 ments of such section 7001; and 


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1 (4) provide, at the request of a non-Federal in2 terest, assistance with researching and identifying ex3 isting project authorizations and Corps of Engineers 

4 decision documents. 

5 SEC. 115. NON-FEDERAL ENGAGEMENT AND REVIEW. 

6 (a) PUBLIC NOTICE.— 

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

8 issuing any new or revised implementation guidance 

9 for a covered water resources development law, the 

10 Secretary shall issue a public notice that— 

11 (A) informs potentially interested non-Fed12 eral stakeholders of the Secretary’s intent to de13 velop and issue such guidance; and 

14 (B) provides an opportunity for interested 

15 non-Federal stakeholders to engage with, and 

16 provide input and recommendations to, the Sec17 retary on the development and issuance of such 

18 guidance. 

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

20 issue the notice under paragraph (1) through a post21 ing on a publicly accessible website dedicated to pro22 viding notice on the development and issuance of im23 plementation guidance for a covered water resources 

24 development law. 

25 (b) STAKEHOLDER ENGAGEMENT.— 


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1 (1) INPUT.—The Secretary shall allow a min2 imum of 60 days after issuance of the public notice 

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

4 provide input and recommendations to the Secretary, 

5 prior to finalizing implementation guidance for a 

6 covered water resources development law. 

7 (2) OUTREACH.—The Secretary may, as appro8 priate (as determined by the Secretary), reach out to 

9 non-Federal stakeholders and circulate drafts of im10 plementation guidance for a covered water resources 

11 development law for informal feedback and rec12 ommendations. 

13 (c) DEVELOPMENT OF GUIDANCE.—When developing 

14 implementation guidance for a covered water resources de15 velopment law, the Secretary shall take into consideration 

16 the input and recommendations received from non-Federal 

17 stakeholders, and make the final guidance available to the 

18 public on-line on a publicly accessible website. 

19 (d) COVERED WATER RESOURCES DEVELOPMENT

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

21 development law’’ means— 

22 (1) the Water Resources Reform and Develop23 ment Act of 2014; 

24 (2) the Water Resources Development Act of 

25 2016; 


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1 (3) this Act; and 

2 (4) any Federal water resources development law 

3 enacted after the date of enactment of this Act. 

4 SEC. 116. COMPREHENSIVE BACKLOG REPORT. 

5 Section 1001(b)(4) of the Water Resources Develop6 ment Act of 1986 (33 U.S.C. 579a(b)(4)) is amended— 

7 (1) in the header, by inserting ‘‘AND OPERATION

8 AND MAINTENANCE’’ after ‘‘BACKLOG’’; 

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

10 follows: 

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

12 compile and publish— 

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

14 separable elements of projects of the Corps of 

15 Engineers that are authorized for construc16 tion but have not been completed; and 

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

18 and maintenance needs of projects and 

19 properties under the control of the Corps of 

20 Engineers.’’; 

21 (3) in subparagraph (B)— 

22 (A) in the heading, by inserting ‘‘BACKLOG’’ 

23 before ‘‘INFORMATION’’; and 


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

2 striking ‘‘subparagraph (A)’’ and inserting ‘‘sub3 paragraph (A)(i)’’; 

4 (4) by redesignating subparagraph (C) as sub5 paragraph (D) and inserting after subparagraph (B) 

6 the following: 

7 ‘‘(C) REQUIRED OPERATION AND MAINTE8 NANCE INFORMATION.—The Secretary shall in9 clude on the list developed under subparagraph 

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

11 control of the Corps of Engineers on that list— 

12 ‘‘(i) the authority under which the 

13 project was authorized or the property was 

14 acquired by the Corps of Engineers; 

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

16 or property; 

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

18 to meet the major operation and mainte19 nance needs at the project or property; and 

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

21 operation and maintenance needs at the 

22 project or property.’’; and 

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

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

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


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1 after the date of enactment of this paragraph, the 

2 Secretary shall submit a copy of the list’’ and 

3 inserting ‘‘For fiscal year 2019, and biennially 

4 thereafter, in conjunction with the President’s 

5 annual budget submission to Congress under sec6 tion 1105(a) of title 31, United States Code, the 

7 Secretary shall submit a copy of the lists’’; and 

8 (B) in clause (ii), by striking ‘‘list’’ and in9 serting ‘‘lists’’. 

10 SEC. 117. STRUCTURES AND FACILITIES CONSTRUCTED BY 

11 SECRETARY. 

12 Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) 

13 is amended by adding at the end the following: 

14 ‘‘(d) WORK DEFINED.—For the purposes of this sec15 tion, the term ‘work’ shall not include unimproved real es16 tate owned or operated by the Secretary as part of a water 

17 resources development project if the Secretary determines 

18 that modification of such real estate would not affect the 

19 function and usefulness of the project.’’. 

20 SEC. 118. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 

21 Section 1012(b)(1) of the Water Resources Reform and 

22 Development Act of 2014 (33 U.S.C. 2315a(b)(1)) is amend23 ed by striking ‘‘The Secretary’’ and inserting ‘‘Not later 

24 than 1 year after the date of enactment of the Water Re25 sources Development Act of 2018, the Secretary’’. 


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1 SEC. 119. STUDY OF THE FUTURE OF THE UNITED STATES 

2 ARMY CORPS OF ENGINEERS. 

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

4 agreement with the National Academy of Sciences to con5 vene a committee of experts to carry out a comprehensive 

6 study on— 

7 (1) the ability of the Corps of Engineers to carry 

8 out its statutory missions and responsibilities, and 

9 the potential effects of transferring the functions (in10 cluding regulatory obligations), personnel, assets, and 

11 civilian staff responsibilities of the Secretary relating 

12 to civil works from the Department of Defense to a 

13 new or existing agency or subagency of the Federal 

14 Government, including how such a transfer might af15 fect the Federal Government’s ability to meet the cur16 rent statutory missions and responsibilities of the 

17 Corps of Engineers; and 

18 (2) improving the Corps of Engineers’ project de19 livery processes, including recommendations for such 

20 improvements, taking into account factors includ21 ing— 

22 (A) the effect of the annual appropriations 

23 process on the ability of the Corps of Engineers 

24 to efficiently secure and carry out contracts for 

25 water resources projects and perform regulatory 

26 obligations; 


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1 (B) the effect that the current Corps of En2 gineers leadership and geographic structure at 

3 the division and district levels has on its ability 

4 to carry out its missions in a cost-effective man5 ner; and 

6 (C) the effect of the frequency of rotations of 

7 senior leaders of the Corps of Engineers and how 

8 such frequency affects the function of the district. 

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

10 subsection (a) shall include consideration of— 

11 (1) effects on the national security of the United 

12 States; 

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

14 maintain sufficient engineering capability and capac15 ity to assist ongoing and future operations of the 

16 United States armed services; and 

17 (3) emergency and natural disaster response ob18 ligations of the Federal Government that are carried 

19 out by the Corps of Engineers. 

20 (c) CONSULTATION.—The agreement entered into 

21 under subsection (a) shall require the National Academy 

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

23 (1) the Department of Defense, including the 

24 Secretary of the Army and the Assistant Secretary of 

25 the Army for Civil Works; 


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1 (2) the Department of Transportation; 

2 (3) the Environmental Protection Agency; 

3 (4) the Department of Homeland Security; 

4 (5) the Office of Management and Budget; 

5 (6) other appropriate Federal agencies; 

6 (7) professional and nongovernmental organiza7 tions; and 

8 (8) the Committee on Transportation and Infra9 structure of the House of Representatives and the 

10 Committee on Environment and Public Works of the 

11 Senate. 

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

13 submit the final report of the National Academy containing 

14 the findings of the study carried out under subsection (a) 

15 to the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Envi17 ronment and Public Works of the Senate not later than 2 

18 years after the date of enactment of this Act. 

19 SEC. 120. ACKNOWLEDGMENT OF CREDIT. 

20 Section 7007(a) of the Water Resources Development 

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

22 by adding at the end the following: ‘‘Notwithstanding sec23 tion 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 

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

25 credit for work carried out during the period beginning on 


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1 November 8, 2007, and ending on the date of enactment 

2 of the Water Resources Development Act of 2018 by the non3 Federal interest for a project under this title if the Secretary 

4 determines that the work is integral to the project and was 

5 carried out in accordance with the laws specified in section 

6 5014(i)(2)(A) of the Water Resources Reform and Develop7 ment Act of 2014 (128 Stat. 1331) and all other applicable 

8 Federal laws.’’. 

9 SEC. 121. NON-FEDERAL IMPLEMENTATION PILOT PRO10 GRAM. 

11 Section 1043(b)(8) of the Water Resources Reform and 

12 Development Act of 2014 (33 U.S.C. 2201 note(b)(8)) is 

13 amended by striking ‘‘2015 through 2019’’ and inserting 

14 ‘‘2019 through 2023’’. 

15 SEC. 122. STUDY OF WATER RESOURCES DEVELOPMENT 

16 PROJECTS BY NON-FEDERAL INTERESTS. 

17 Section 203 of the Water Resources Development Act 

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

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

20 authorized’’ before ‘‘feasibility study’’; 

21 (2) by amending subsection (c) to read as fol22 lows: 

23 ‘‘(c) SUBMISSION TO CONGRESS.— 

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

25 CONGRESS.—Not later than 180 days after the date of 


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1 receipt of a feasibility study of a project under sub2 section (a)(1), the Secretary shall submit to the Com3 mittee on Environment and Public Works of the Sen4 ate and the Committee on Transportation and Infra5 structure of the House of Representatives a report that 

6 describes— 

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

8 the study under subsection (b), including a deter9 mination of whether the project is feasible; 

10 ‘‘(B) any recommendations the Secretary 

11 may have concerning the plan or design of the 

12 project; and 

13 ‘‘(C) any conditions the Secretary may re14 quire for construction of the project. 

15 ‘‘(2) LIMITATION.—The completion of the review 

16 by the Secretary of a feasibility study that has been 

17 submitted under subsection (a)(1) may not be delayed 

18 as a result of consideration being given to changes in 

19 policy or priority with respect to project consider20 ation.’’; and 

21 (3) by amending subsection (e) to read as fol22 lows: 

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

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

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1 dertake reviews, inspections, certifications, and other 

2 activities that are the responsibility of the Secretary 

3 in carrying out this section. 

4 ‘‘(2) TECHNICAL ASSISTANCE.—At the request of 

5 a non-Federal interest, the Secretary shall provide to 

6 the non-Federal interest technical assistance relating 

7 to any aspect of a feasibility study if the non-Federal 

8 interest contracts with the Secretary to pay all costs 

9 of providing such technical assistance. 

10 ‘‘(3) LIMITATION.—Funds provided by non-Fed11 eral interests under this subsection shall not be eligi12 ble for credit under subsection (d) or reimbursement. 

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

14 out this section, the Secretary shall ensure that the 

15 use of funds accepted from a non-Federal interest will 

16 not affect the impartial decisionmaking of the Sec17 retary, either substantively or procedurally.’’. 

18 SEC. 123. CONSTRUCTION OF WATER RESOURCES DEVELOP19 MENT PROJECTS BY NON-FEDERAL INTER20 ESTS. 

21 Section 204 of the Water Resources Development Act 

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

23 (1) in subsection (b)— 

24 (A) in paragraph (1), in the matter pre25 ceding subparagraph (A), by inserting ‘‘federally 


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1 authorized’’ before ‘‘water resources development 

2 project’’; 

3 (B) in paragraph (2)(A), by inserting ‘‘, ex4 cept as provided in paragraph (3)’’ before the 

5 semicolon; and 

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

7 ‘‘(3) PERMIT EXCEPTION.— 

8 ‘‘(A) IN GENERAL.—For a project described 

9 in subsection (a)(1) or subsection (a)(3), or a 

10 separable element thereof, with respect to which 

11 a written agreement described in subparagraph 

12 (B) has been entered into, a non-Federal interest 

13 that carries out a project under this section shall 

14 not be required to obtain any Federal permits or 

15 approvals that would not be required if the Sec16 retary carried out the project or separable ele17 ment unless significant new circumstances or in18 formation relevant to environmental concerns or 

19 compliance have arisen since development of the 

20 project recommendation. 

21 ‘‘(B) WRITTEN AGREEMENT.—For purposes 

22 of this paragraph, a written agreement shall pro23 vide that the non-Federal interest shall comply 

24 with the same legal and technical requirements 

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1 ment were carried out by the Secretary, includ2 ing all mitigation required to offset environ3 mental impacts of the project or separable ele4 ment as determined by the Secretary. 

5 ‘‘(C) CERTIFICATIONS.—Notwithstanding 

6 subparagraph (A), if a non-Federal interest car7 rying out a project under this section would, in 

8 the absence of a written agreement entered into 

9 under this paragraph, be required to obtain a 

10 certification from a State under Federal law to 

11 carry out the project, such certification shall still 

12 be required if a written agreement is entered into 

13 with respect to the project under this para14 graph.’’; and 

15 (2) in subsection (d)— 

16 (A) in paragraph (3)— 

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

18 and’’ and inserting a semicolon; 

19 (ii) in subparagraph (B)(ii), by strik20 ing the period at the end and inserting ‘‘; 

21 and’’; and 

22 (iii) by adding at the end the fol23 lowing: 


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1 ‘‘(C) in the case of reimbursement, appro2 priations are provided by Congress for such pur3 pose.’’; and 

4 (B) in paragraph (5)— 

5 (i) by striking ‘‘flood damage reduc6 tion’’ each place it appears and inserting 

7 ‘‘water resources development’’; 

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

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

10 ‘‘for carrying out a discrete segment of a 

11 federally authorized’’; and 

12 (iii) in subparagraph (D), in the mat13 ter preceding clause (i), by inserting ‘‘to be 

14 carried out’’ after ‘‘project’’. 

15 SEC. 124. ADVANCED FUNDS FOR WATER RESOURCES DE16 VELOPMENT STUDIES AND PROJECTS. 

17 (a) CONTRIBUTIONS BY STATES AND POLITICAL SUB18 DIVISIONS FOR IMMEDIATE USE ON AUTHORIZED FLOOD19 CONTROL WORK; REPAYMENT.—The Act of October 15, 

20 1940 (54 Stat. 1176; 33 U.S.C. 701h–1) is amended— 

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

22 adopted and authorized by law’’ and inserting ‘‘a fed23 erally authorized water resources development 

24 project,’’; 


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

2 project’’; 

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

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

5 inserting ‘‘if appropriations are provided by Congress 

6 for such purpose’’; and 

7 (4) by adding at the end the following: ‘‘For pur8 poses of this Act, the term ‘State’ means the several 

9 States, the District of Columbia, the commonwealths, 

10 territories, and possessions of the United States, and 

11 Indian tribes (as defined in section 4(e) of the Indian 

12 Self-Determination and Education Assistance Act (25 

13 U.S.C. 5304(e))).’’. 

14 (b) NO ADVERSE EFFECT ON PROCESSES.—In imple15 menting any provision of law that authorizes a non-Federal 

16 interest to provide, advance, or contribute funds to the Sec17 retary for the development or implementation of a water 

18 resources development project (including sections 203 and 

19 204 of the Water Resources Development Act of 1986 (33 

20 U.S.C. 2231, 2232), section 5 of the Act of June 22, 1936 

21 (33 U.S.C. 701h), and the Act of October 15, 1940 (33 

22 U.S.C. 701h–1)), the Secretary shall ensure, to the max23 imum extent practicable, that the use by a non-Federal in24 terest of such authorities does not adversely affect— 


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1 (1) the process or timeline for development and 

2 implementation of other water resources development 

3 projects by other non-Federal entities that do not use 

4 such authorities; or 

5 (2) the process for including such projects in the 

6 President’s annual budget submission to Congress 

7 under section 1105(a) of title 31, United States Code. 

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

9 Section 11 of the Act of March 3, 1925 (Chapter 467; 33 

10 U.S.C. 561) is repealed. 

11 SEC. 125. FUNDING TO PROCESS PERMITS. 

12 Section 214(a) of the Water Resources Development 

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

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

15 inserting ‘‘12 years’’; and 

16 (2) in paragraph (5)— 

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

18 enactment of this paragraph’’ and inserting ‘‘De19 cember 31, 2022’’; and 

20 (B) by striking ‘‘carry out a study’’ and in21 serting ‘‘carry out a followup study’’. 


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1 SEC. 126. STUDY ON ECONOMIC AND BUDGETARY ANAL2 YSES. 

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

4 date of enactment of this Act, the Secretary shall enter into 

5 an agreement with the National Academy of Sciences to— 

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

7 and analytical methodologies currently used by or ap8 plied to the Corps of Engineers to formulate, evaluate, 

9 and budget for water resources development projects; 

10 and 

11 (2) make recommendations to Congress on poten12 tial changes to such principles and methodologies to 

13 improve transparency, return on Federal investment, 

14 cost savings, and prioritization, in the formulation, 

15 evaluation, and budgeting of such projects. 

16 (b) CONSIDERATIONS.—The study under subsection (a) 

17 shall include— 

18 (1) an analysis of the current economic prin19 ciples and analytical methodologies used by or ap20 plied to the Corps of Engineers in determining the 

21 total benefits and total costs during the formulation 

22 of, and plan selection for, a water resources develop23 ment project; 

24 (2) an analysis of improvements or alternatives 

25 to how the Corps of Engineers utilizes the National 

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1 ment, Environmental Quality, and Other Social Ef2 fects accounts developed by the Institute for Water Re3 sources of the Corps of Engineers in the formulation 

4 of, and plan selection for, such projects; 

5 (3) an analysis of whether such principles and 

6 methodologies fully account for all of the potential 

7 benefits of project alternatives, including any reason8 ably associated benefits of such alternatives that are 

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

10 resources management; 

11 (4) an analysis of whether such principles and 

12 methodologies fully account for all of the costs of 

13 project alternatives, including potential societal costs, 

14 such as lost ecosystem services, and full lifecycle costs 

15 for such alternatives; and 

16 (5) an analysis of the methodologies utilized by 

17 the Federal Government in setting and applying dis18 count rates for benefit-cost analyses used in the for19 mulation, evaluation, and budgeting of Corps of En20 gineers water resources development projects. 

21 (c) PUBLICATION.—The agreement entered into under 

22 subsection (a) shall require the National Academy of 

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

24 the study— 


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1 (1) submit a report containing the results of the 

2 study and the recommendations to the Committee on 

3 Environment and Public Works of the Senate and the 

4 Committee on Transportation and Infrastructure of 

5 the House of Representatives; and 

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

7 publicly accessible website. 

8 (d) SENSE OF CONGRESS ON BUDGETARY EVALUATION

9 METRICS AND TRANSPARENCY.—It is the sense of Congress 

10 that the President, in the formulation of the annual budget 

11 request for the U.S. Army Corps of Engineers (Civil Works), 

12 should submit to Congress a budget that— 

13 (1) aligns the assessment of the potential benefit14 cost ratio for budgeting water resources development 

15 projects with that used by the Corps of Engineers dur16 ing project plan formulation and evaluation pursuant 

17 to section 80 of the Water Resources Development Act 

18 of 1974 (42 U.S.C. 1962d–17); and 

19 (2) demonstrates the transparent criteria and 

20 metrics utilized by the President in the evaluation 

21 and selection of water resources development projects 

22 included in the budget request. 


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1 SEC. 127. STUDY OF CORROSION MANAGEMENT AT CORPS 

2 OF ENGINEERS PROJECTS. 

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

4 of enactment of this Act, the Comptroller General of the 

5 United States shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Environment and Public Works of 

8 the Senate a study of corrosion management efforts at 

9 projects and properties under the control of the Corps of 

10 Engineers. 

11 (b) REQUIREMENTS.—The study under subsection (a) 

12 shall include— 

13 (1) an analysis of— 

14 (A) asset management protocols that are 

15 utilized by the Corps of Engineers, including 

16 protocols that examine both asset integrity and 

17 the integration of corrosion management efforts 

18 within the asset lifecycle, which includes the 

19 stages of design, manufacturing and construc20 tion, operation and maintenance, and decommis21 sioning; 

22 (B) available corrosion prevention tech23 nologies that may be used at projects and prop24 erties under the control of the Corps of Engi25 neers; 


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1 (C) corrosion-related asset failures and the 

2 management protocols of the Corps of Engineers 

3 to incorporate lessons learned from such failures 

4 into work and management practices; 

5 (D) training of Corps of Engineers employ6 ees with respect to, and best practices for, identi7 fying and preventing corrosion at projects and 

8 properties under the control of the Corps of En9 gineers; and 

10 (E) the estimated costs and anticipated ben11 efits, including safety benefits, associated with 

12 the integration of corrosion management efforts 

13 within the asset lifecycle; and 

14 (2) a description of Corps of Engineers, stake15 holder, and expert perspectives on the effectiveness of 

16 corrosion management efforts to reduce the incidence 

17 of corrosion at projects and properties under the con18 trol of the Corps of Engineers. 

19 SEC. 128. COSTS IN EXCESS OF FEDERAL PARTICIPATION 

20 LIMIT. 

21 Section 14 of the Flood Control Act of 1946 (33 U.S.C. 

22 701r) is amended by inserting ‘‘, and if such amount is 

23 not sufficient to cover the costs included in the Federal cost 

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1 Federal interest shall be responsible for any such costs that 

2 exceed such amount’’ before the period at the end. 

3 SEC. 129. REPORT ON INNOVATIVE MATERIALS. 

4 Not later than 1 year after the date of enactment of 

5 this Act, the Secretary shall submit to Congress a report 

6 that describes activities conducted by the Corps of Engineers 

7 at centers of expertise, technology centers, technical centers, 

8 research and development centers, and similar facilities and 

9 organizations relating to the testing, research, development, 

10 identification, and recommended uses for innovative mate11 rials in water resources development projects. 

12 SEC. 130. STUDY ON CORPS OF ENGINEERS. 

13 Not later than 180 days after the date of enactment 

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

15 shall submit to Congress a report that— 

16 (1) describes the capacity and preparedness of 

17 the Corps of Engineers workforce, including challenges 

18 related to diversity, recruitment, retention, retire19 ments, credentialing, professional development, on20 the-job training, and other readiness-related gaps in 

21 ensuring a fully prepared 21st century Corps of Engi22 neers workforce; and 

23 (2) contains an assessment of the existing tech24 nology used by the Corps of Engineers, the effects of 

25 inefficiencies in the Corps’ current technology usage, 


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1 and recommendations for improved technology or 

2 tools to accomplish its missions and responsibilities. 

3 SEC. 131. GAO STUDY. 

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

5 date of enactment of this Act, the Comptroller General of 

6 the United States shall submit to the Committee on Envi7 ronment and Public Works of the Senate and the Committee 

8 on Transportation and Infrastructure of the House of Rep9 resentatives a study of the consideration by the Corps of 

10 Engineers of natural features and nature-based features in 

11 the study of the feasibility of projects for flood risk manage12 ment, hurricane and storm damage reduction, and eco13 system restoration. 

14 (b) CONSIDERATIONS.—The study under subsection (a) 

15 shall include— 

16 (1) a description of guidance or instructions 

17 issued, and other measures taken, by the Secretary 

18 and the Chief of Engineers to consider natural fea19 tures and nature-based features in project feasibility 

20 studies; 

21 (2) an assessment of the costs, benefits, impacts, 

22 and trade-offs associated with natural features and 

23 nature-based features recommended by the Secretary 

24 for flood risk reduction, hurricane and storm damage 

25 reduction, and ecosystem restoration projects, and the 


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1 effectiveness of those natural features and nature2 based features; 

3 (3) a description of any statutory, fiscal, regu4 latory, or other policy barriers to the appropriate 

5 consideration and use of a full array of natural fea6 tures and nature-based features; and 

7 (4) any recommendations for changes to statu8 tory, fiscal, regulatory, or other policies to improve 

9 the use of natural features and nature-based features 

10 by the Corps of Engineers. 

11 (c) DEFINITIONS.—In this section, the terms ‘‘natural 

12 feature’’ and ‘‘nature-based feature’’ have the meanings 

13 given such terms in section 1184 of the Water Resources 

14 Development Act of 2016 (33 U.S.C. 2289a). 

15 SEC. 132. GAO REPORT ON ALASKA NATIVE VILLAGE RELO16 CATION EFFORTS DUE TO FLOODING AND 

17 EROSION THREATS. 

18 (a) DEFINITION OF ALASKA NATIVE VILLAGE.—In this 

19 section, the term ‘‘Alaska Native village’’ means a Native 

20 village that has a Village Corporation (as those terms are 

21 defined in section 3 of the Alaska Native Claims Settlement 

22 Act (43 U.S.C. 1602)). 

23 (b) REPORT.—The Comptroller General of the United 

24 States shall submit to Congress a report on efforts to relo25 cate Alaska Native villages due to flooding and erosion 


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1 threats that updates the report of the Comptroller General 

2 entitled ‘‘Alaska Native Villages: Limited Progress Has 

3 Been Made on Relocating Villages Threatened by Flooding 

4 and Erosion’’, dated June 2009. 

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

6 shall include— 

7 (1) a summary of flooding and erosion threats to 

8 Alaska Native villages throughout the State of Alaska, 

9 based on information from— 

10 (A) the Corps of Engineers; 

11 (B) the Denali Commission; and 

12 (C) any other relevant sources of informa13 tion as the Comptroller General determines to be 

14 appropriate; 

15 (2) the status of efforts to relocate Alaska Native 

16 villages due to flooding and erosion threats; and 

17 (3) any other issues relating to flooding and ero18 sion threats to, or relocation of, Alaska Native vil19 lages, as the Comptroller General determines to be ap20 propriate. 

21 SEC. 133. STUDY AND REPORT ON EXPEDITING CERTAIN 

22 WAIVER PROCESSES. 

23 Not later than 1 year after the date of enactment of 

24 this Act, the Secretary shall complete and submit to the 

25 Committee on Environment and Public Works of the Senate 


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1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives a report based on the results 

3 of a study on the best options available to the Secretary 

4 to implement the waiver process for the non-Federal cost 

5 share under section 116 of the Energy and Water Develop6 ment and Related Agencies Appropriations Act, 2010 (Pub7 lic Law 111–85; 123 Stat. 2851). 

8 SEC. 134. CORPS OF ENGINEERS CONTINUING AUTHORI9 TIES PROGRAM. 

10 Section 107 of the River and Harbor Act of 1960 (33 

11 U.S.C. 577) is amended— 

12 (1) in subsection (a), by striking ‘‘$50,000,000’’ 

13 and inserting ‘‘$62,500,000’’; and 

14 (2) in subsection (b), by striking ‘‘$10,000,000’’ 

15 and inserting ‘‘$12,500,000’’. 

16 SEC. 135. CREDIT IN LIEU OF REIMBURSEMENT. 

17 Section 1022 of the Water Resources Reform and De18 velopment Act of 2014 (33 U.S.C. 2225) is amended to read 

19 as follows: 

20 ‘‘SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT. 

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

22 authorized flood damage reduction project, or separable ele23 ment thereof, that has been constructed by a non-Federal 

24 interest under section 211 of the Water Resources Develop25 ment Act of 1996 (33 U.S.C. 701b–13), or an authorized 


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1 coastal navigation project that has been constructed by the 

2 Corps of Engineers pursuant to section 11 of the Act of 

3 March 3, 1925, before the date of enactment of the Water 

4 Resources Development Act of 2018, the Secretary may pro5 vide to the non-Federal interest, at the request of the non6 Federal interest, a credit in an amount equal to the esti7 mated Federal share of the cost of the project or separable 

8 element, in lieu of providing to the non-Federal interest a 

9 reimbursement in that amount. 

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

11 non-Federal interest, the Secretary may apply such credit 

12 to the share of the cost of the non-Federal interest of car13 rying out other flood damage reduction and coastal naviga14 tion projects or studies.’’. 

15 SEC. 136. LAKE OKEECHOBEE REGULATION SCHEDULE RE16 VIEW. 

17 The Secretary, acting through the Chief of Engineers, 

18 shall expedite completion of the Lake Okeechobee regulation 

19 schedule to coincide with the completion of the Herbert Hoo20 ver Dike project, and may consider all relevant aspects of 

21 the Comprehensive Everglades Restoration Plan described 

22 in section 601 of the Water Resources Development Act of 

23 2000 (114 Stat. 2680). 


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1 SEC. 137. MISSOURI RIVER. 

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

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

4 to the Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on Envi6 ronment and Public Works of the Senate a report regarding 

7 the impacts of interception-rearing complex construction on 

8 the navigation, flood control, and other authorized purposes 

9 set forth in the Missouri River Master Manual, and on the 

10 population recovery of the pallid sturgeon. 

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

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

13 interception-rearing complex construction is authorized. 

14 SEC. 138. ACCESS TO REAL ESTATE DATA. 

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

16 available funds, the Secretary shall make publicly available, 

17 including on a publicly accessible website, information re18 lating to all real property with respect to which the Corps 

19 of Engineers holds an interest. The information shall in20 clude standardized real estate plat descriptions and 

21 geospatial information. 

22 (b) LIMITATION.—Nothing in this section may be con23 strued to compel or authorize the disclosure of data or other 

24 information determined by the Secretary to be confidential, 

25 privileged, national security, or personal information, or 


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1 information the disclosure of which is otherwise prohibited 

2 by law. 

3 SEC. 139. AQUATIC INVASIVE SPECIES RESEARCH. 

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

5 of the Engineer Research and Development Center to ad6 dress the spread and impacts of aquatic invasive species, 

7 the Secretary shall undertake research on the management 

8 and eradication of aquatic invasive species, including 

9 Asian carp and zebra mussels. 

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

11 Secretary shall work with Corps of Engineers district offices 

12 representing diverse geographical regions of the continental 

13 United States that are impacted by aquatic invasive spe14 cies, such as the Atlantic, Pacific, and Gulf coasts and the 

15 Great Lakes. 

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

17 of enactment of this section, the Secretary shall submit to 

18 the Committee on Transportation and Infrastructure of the 

19 House of Representatives and the Committee on Environ20 ment and Public Works of the Senate a report recom21 mending a plan to address the spread and impacts of 

22 aquatic invasive species. 


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1 SEC. 140. HARMFUL ALGAL BLOOM TECHNOLOGY DEM2 ONSTRATION. 

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

4 Engineer Research and Development Center of the Chief of 

5 Engineers, shall implement a 5-year harmful algal bloom 

6 technology development demonstration under the Aquatic 

7 Nuisance Research Program. To the extent practicable, the 

8 Corps of Engineers shall support research that will identify 

9 and develop improved strategies for early detection, preven10 tion, and management techniques and procedures to reduce 

11 the occurrence and effects of harmful algal blooms in the 

12 Nation’s water resources. 

13 (b) SCALABILITY REQUIREMENT.—The Secretary shall 

14 ensure that technologies identified, tested, and deployed 

15 under the harmful algal bloom program technology develop16 ment demonstration have the ability to scale up to meet 

17 the needs of harmful-algal-bloom-related events. 

18 SEC. 141. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORA19 TION. 

20 The Secretary shall enter into a memorandum of un21 derstanding with the Administrator of the Environmental 

22 Protection Agency to facilitate ecosystem restoration activi23 ties at the South Fork of the South Branch of the Chicago 

24 River (commonly known as Bubbly Creek). 


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1 SEC. 142. OPERATION AND MAINTENANCE OF NAVIGATION 

2 AND HYDROELECTRIC FACILITIES. 

3 (a) IN GENERAL.—Section 314 of the Water Resources 

4 Development Act of 1990 (33 U.S.C. 2321) is amended— 

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

6 AND’’ before ‘‘HYDROELECTRIC FACILITIES’’; 

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

8 currently performed’’ and inserting the following: 

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

10 (3) in subsection (a) (as designated by para11 graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy12 droelectric’’; 

13 (4) in the second sentence, by striking ‘‘This sec14 tion’’ and inserting the following: 

15 ‘‘(b) MAJOR MAINTENANCE CONTRACTS ALLOWED.— 

16 This section’’; and 

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

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

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

20 under contract on or before the date of enactment of 

21 this subsection with a non-Federal interest to perform 

22 operations or maintenance; and 

23 ‘‘(2) prohibit the Secretary from contracting out 

24 commercial activities after the date of enactment of 

25 this subsection at a navigation facility.’’. 


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

2 contained in section 1(b) of the Water Resources Develop3 ment Act of 1990 (104 Stat. 4604) is amended by striking 

4 the item relating to section 314 and inserting the following: 

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

5 SEC. 143. HURRICANE AND STORM DAMAGE REDUCTION. 

6 Section 156 of the Water Resources Development Act 

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

8 (b)— 

9 (1) by striking ‘‘Notwithstanding’’ and inserting 

10 the following: 

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

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

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

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

15 construction of congressionally authorized nourish16 ment.’’. 

17 SEC. 144. POST-DISASTER WATERSHED ASSESSMENTS IN 

18 THE TERRITORIES OF THE UNITED STATES. 

19 Section 3025 of the Water Resources Reform and De20 velopment Act of 2014 (33 U.S.C. 2267b) is amended by 

21 adding at the end the following: 

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

23 UNITED STATES.— 


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1 ‘‘(1) IN GENERAL.—For any major disaster de2 clared in the territories of the United States before the 

3 date of enactment of this subsection, all activities in 

4 the territory carried out or undertaken pursuant to 

5 the authorities described under this section shall be 

6 conducted at full Federal expense unless the President 

7 determines that the territory has the ability to pay 

8 the cost share for an assessment under this section 

9 without the use of non-Federal funds or loans. 

10 ‘‘(2) TERRITORIES DEFINED.—In this subsection, 

11 the term ‘territories of the United States’ means those 

12 insular areas specified in section 1156(a)(1) of the 

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

14 2310(a)(1)).’’. 

15 TITLE II—STUDIES 

16 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

17 STUDIES. 

18 The Secretary is authorized to conduct a feasibility 

19 study for the following projects for water resources develop20 ment and conservation and other purposes, as identified in 

21 the reports titled ‘‘Report to Congress on Future Water Re22 sources Development’’ submitted to Congress on March 17, 

23 2017, and February 5, 2018, respectively, pursuant to sec24 tion 7001 of the Water Resources Reform and Development 


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1 Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 

2 Congress: 

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

4 flood risk management, Phoenix, Arizona. 

5 (2) SAN DIEGO RIVER, CALIFORNIA.—Project for 

6 flood risk management, navigation, and ecosystem 

7 restoration, San Diego, California. 

8 (3) J. BENNETT JOHNSTON WATERWAY, LOU9 ISIANA.—Project for navigation, J. Bennett Johnston 

10 Waterway, Louisiana. 

11 (4) NORTHSHORE, LOUISIANA.—Project for flood 

12 risk management, St. Tammany Parish, Louisiana. 

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

14 Project for navigation, Little River, Louisiana. 

15 (6) CHAUTAUQUA LAKE, NEW YORK.—Project for 

16 ecosystem restoration and flood risk management, 

17 Chautauqua, New York. 

18 (7) TRINITY RIVER AND TRIBUTARIES, TEXAS.— 

19 Project for navigation, Liberty, Texas. 

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

21 risk management, Irving, Texas. 

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

23 flood risk management, ecosystem restoration, and 

24 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 to 

9 carry out studies to determine the feasibility of habi10 tat restoration for each of the eight reaches identified 

11 as priorities in the report prepared by the Secretary 

12 pursuant to section 402 of the Water Resources Devel13 opment Act of 2000, titled ‘‘Lower Mississippi River 

14 Resource Assessment; Final Assessment In Response 

15 to Section 402 of WRDA 2000’’ and dated July 2015. 

16 (2) CONSULTATION.—The Secretary shall consult 

17 with the Lower Mississippi River Conservation Com18 mittee during each feasibility study carried out under 

19 paragraph (1). 

20 (b) ST. LOUIS RIVERFRONT, MERAMEC RIVER BASIN, 

21 MISSOURI AND ILLINOIS.— 

22 (1) IN GENERAL.—The Secretary is authorized to 

23 carry out studies to determine the feasibility of a 

24 project for ecosystem restoration and flood risk man25 agement in Madison, St. Clair, and Monroe Counties, 


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

2 Franklin, Gasconade, Maries, Phelps, Crawford, Dent, 

3 Washington, Iron, St. Francois, St. Genevieve, Osage, 

4 Reynolds, and Texas Counties, Missouri. 

5 (2) CONTINUATION OF EXISTING STUDY.—Any 

6 study carried out under paragraph (1) shall be con7 sidered a continuation of the study being carried out 

8 under Committee Resolution 2642 of the Committee 

9 on Transportation and Infrastructure of the House of 

10 Representatives, adopted June 21, 2000. 

11 SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CER12 TAIN PROJECTS. 

13 (a) FEASIBILITY REPORTS.—The Secretary shall expe14 dite the completion of a feasibility study for each of the 

15 following projects, and if the Secretary determines that the 

16 project is justified in a completed report, may proceed di17 rectly to preconstruction planning, engineering, and design 

18 of the project: 

19 (1) Project for riverbank stabilization, Selma, 

20 Alabama. 

21 (2) Project for ecosystem restoration, Three Mile 

22 Creek, Alabama. 

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

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


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1 (5) Project for navigation, Three Rivers, Arkan2 sas. 

3 (6) Project for flood control, water conservation, 

4 and related purposes, Coyote Valley Dam, California. 

5 (7) Project for flood risk management, Lower 

6 Cache Creek, California. 

7 (8) Project for flood risk management, Lower 

8 San Joaquin River, California, as described in sec9 tion 1322(b)(2)(F) of the Water Resources Develop10 ment Act of 2016 (130 Stat. 1707) (second phase of 

11 feasibility study). 

12 (9) Project for flood risk management, South 

13 San Francisco, California. 

14 (10) Project for flood risk management and eco15 system restoration, Tijuana River, California. 

16 (11) Project for flood risk management in East 

17 Hartford, Connecticut. 

18 (12) Project for flood risk management in Hart19 ford, Connecticut. 

20 (13) Projects under the Comprehensive Flood 

21 Mitigation Study for the Delaware River Basin. 

22 (14) Project for ecosystem restoration, Lake 

23 Apopka, Florida. 

24 (15) Project for ecosystem restoration, Kansas 

25 River Weir, Kansas. 


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1 (16) Project for water resource improvements, 

2 Willamette River Basin, Fern Ridge, Oregon. 

3 (17) Project for ecosystem restoration, Resacas at 

4 Brownsville, Texas. 

5 (18) Project for navigation, Norfolk Harbor, Vir6 ginia. 

7 (19) Project for coastal storm risk management, 

8 Norfolk, Virginia. 

9 (20) Project for navigation, Tacoma Harbor, 

10 Washington. 

11 (b) LOWER SAN JOAQUIN RIVER, CALIFORNIA.—In ex12 pediting completion of the second phase of the Lower San 

13 Joaquin River feasibility study under subsection (a)(8), the 

14 Secretary shall review and give priority to any plans and 

15 designs requested by non-Federal interests and incorporate 

16 such plans and designs into the Federal study if the Sec17 retary determines that such plans and designs are con18 sistent with Federal standards. 

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

20 Secretary shall expedite completion of a post-authorization 

21 change report for the following projects: 

22 (1) Project for flood risk management, San Luis 

23 Rey River Flood Control Protection Project, Cali24 fornia. 


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1 (2) Project for flood risk management, Success 

2 Reservoir Enlargement Project, California. 

3 (3) Everglades Agricultural Area Reservoir, Cen4 tral Everglades Planning Project, Florida. 

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

6 Michigan. 

7 (d) UPPER MISSISSIPPI RIVER PROTECTION.—Section 

8 2010 of the Water Resources Reform and Development Act 

9 of 2014 (128 Stat. 1270) is amended by adding at the end 

10 the following: 

11 ‘‘(d) CONSIDERATIONS.—In carrying out a disposition 

12 study with respect to the Upper St. Anthony Falls Lock 

13 and Dam, including a disposition study under section 216 

14 of the Flood Control Act of 1970 (33 U.S.C. 549a), the Sec15 retary may not complete such study until the Secretary con16 siders, and issues a report to the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 and the Committee on Environment and Public Works of 

19 the Senate on— 

20 ‘‘(1) the feasibility of carrying out modifications 

21 to the Upper St. Anthony Falls Lock and Dam to— 

22 ‘‘(A) preserve and enhance recreational op23 portunities and the health of the ecosystem; and 

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

25 ecosystem and human environment; and 


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1 ‘‘(2) the preservation of any portion of the Upper 

2 St. Anthony Falls Lock and Dam necessary to main3 tain flood control.’’. 

4 TITLE III—DEAUTHORIZATIONS, 

5 MODIFICATIONS, AND RE6 LATED PROVISIONS 

7 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

9 (1) to identify $3,000,000,000 in water resources 

10 development projects authorized by Congress that are 

11 no longer viable for construction due to— 

12 (A) a lack of local support; 

13 (B) a lack of available Federal or non-Fed14 eral resources; or 

15 (C) an authorizing purpose that is no 

16 longer relevant or feasible; 

17 (2) to create an expedited and definitive process 

18 for Congress to deauthorize water resources develop19 ment projects that are no longer viable for construc20 tion; and 

21 (3) to allow the continued authorization of water 

22 resources development projects that are viable for con23 struction. 

24 (b) INTERIM DEAUTHORIZATION LIST.— 


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

2 an interim deauthorization list that identifies— 

3 (A) each water resources development 

4 project, or separable element of a project, author5 ized for construction before November 8, 2007, 

6 for which— 

7 (i) planning, design, or construction 

8 was not initiated before the date of enact9 ment of this Act; or 

10 (ii) planning, design, or construction 

11 was initiated before the date of enactment of 

12 this Act, but for which no funds, Federal or 

13 non-Federal, were obligated for planning, 

14 design, or construction of the project or sep15 arable element of the project during the cur16 rent fiscal year or any of the 6 preceding 

17 fiscal years; 

18 (B) each project or separable element identi19 fied and included on a list to Congress for de20 authorization pursuant to section 1001(b)(2) of 

21 the Water Resources Development Act of 1986 

22 (33 U.S.C. 579a(b)(2)); and 

23 (C) any project or separable element for 

24 which the non-Federal sponsor of such project or 


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1 separable element submits a request for inclusion 

2 on the list. 

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; PUBLICATION.— 

12 Not later than 90 days after the date of the close of 

13 the comment period under paragraph (2), the Sec14 retary 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 deauthoriza21 tion list in the Federal Register. 

22 (c) FINAL DEAUTHORIZATION LIST.— 

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

24 final deauthorization list of water resources develop25 ment projects, or separable elements of projects, from 


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1 the revised interim deauthorization list described in 

2 subsection (b)(3). 

3 (2) DEAUTHORIZATION AMOUNT.— 

4 (A) PROPOSED FINAL LIST.—The Secretary 

5 shall prepare a proposed final deauthorization 

6 list of projects and separable elements of projects 

7 that have, in the aggregate, an estimated Federal 

8 cost to complete that is at least $3,000,000,000. 

9 (B) DETERMINATION OF FEDERAL COST TO

10 COMPLETE.—For purposes of subparagraph (A), 

11 the Federal cost to complete shall take into ac12 count any allowances authorized by section 902 

13 of the Water Resources Development Act of 1986 

14 (33 U.S.C. 2280), as applied to the most recent 

15 project schedule and cost estimate. 

16 (3) IDENTIFICATION OF PROJECTS.— 

17 (A) SEQUENCING OF PROJECTS.— 

18 (i) IN GENERAL.—The Secretary shall 

19 identify projects and separable elements of 

20 projects for inclusion on the proposed final 

21 deauthorization list according to the order 

22 in which the projects and separable elements 

23 of the projects were authorized, beginning 

24 with the earliest authorized projects and 

25 separable elements of projects and ending 


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1 with the latest project or separable element 

2 of a project necessary to meet the aggregate 

3 amount under paragraph (2)(A). 

4 (ii) FACTORS TO CONSIDER.—The Sec5 retary may identify projects and separable 

6 elements of projects in an order other than 

7 that established by clause (i) if the Sec8 retary determines, on a case-by-case basis, 

9 that a project or separable element of a 

10 project is critical for interests of the United 

11 States, based on the possible impact of the 

12 project or separable element of the project 

13 on public health and safety, the national 

14 economy, or the environment. 

15 (iii) CONSIDERATION OF PUBLIC COM16 MENTS.—In making determinations under 

17 clause (ii), the Secretary shall consider any 

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

19 (B) APPENDIX.—The Secretary shall in20 clude as part of the proposed final deauthoriza21 tion list an appendix that— 

22 (i) identifies each project or separable 

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1 section (b) that is not included on the pro2 posed final deauthorization list; and 

3 (ii) describes the reasons why the 

4 project or separable element is not included 

5 on the proposed final list. 

6 (4) PUBLIC COMMENT AND CONSULTATION.— 

7 (A) IN GENERAL.—The Secretary shall so8 licit comments from the public and the Governor 

9 of each applicable State on the proposed final de10 authorization list and appendix developed under 

11 paragraphs (2) and (3). 

12 (B) COMMENT PERIOD.—The public com13 ment period shall be 90 days. 

14 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

15 PUBLICATION.—Not later than 120 days after the date 

16 of the close of the comment period under paragraph 

17 (4), the Secretary shall— 

18 (A) submit a final deauthorization list and 

19 an appendix to the final deauthorization list in 

20 a report to the Committee on Environment and 

21 Public Works of the Senate and the Committee 

22 on Transportation and Infrastructure of the 

23 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 in 

7 the appendix to the final deauthorization list shall re8 main subject to future deauthorization by Congress. 

9 (e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS

10 FOR POST-AUTHORIZATION STUDY.—A project or separable 

11 element of a project may not be identified on the interim 

12 deauthorization list developed under subsection (b), or the 

13 final deauthorization list developed under subsection (c), if 

14 the project or separable element received funding for a post15 authorization study during the current fiscal year or any 

16 of the 6 preceding fiscal years. 

17 (f) GENERAL PROVISIONS.— 

18 (1) DEFINITIONS.—In this section, the following 

19 definitions apply: 

20 (A) POST-AUTHORIZATION STUDY.—The 

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

22 (i) a feasibility report developed under 

23 section 905 of the Water Resources Develop24 ment 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 Devel3 opment Act of 1986 (33 U.S.C. 2215(d)); or 

4 (iii) a review conducted under section 

5 216 of the Flood Control Act of 1970 (33 

6 U.S.C. 549a), including an initial ap7 praisal that— 

8 (I) demonstrates a Federal inter9 est; and 

10 (II) requires additional analysis 

11 for the project or separable element. 

12 (B) WATER RESOURCES DEVELOPMENT

13 PROJECT.—The term ‘‘water resources develop14 ment project’’ includes an environmental infra15 structure assistance project or program of the 

16 Corps of Engineers. 

17 (2) TREATMENT OF PROJECT MODIFICATIONS.— 

18 For purposes of this section, if an authorized water 

19 resources development project or separable element of 

20 the project has been modified by an Act of Congress, 

21 the date of the authorization of the project or sepa22 rable element shall be deemed to be the date of the 

23 most recent modification. 

24 SEC. 302. BACKLOG PREVENTION. 

25 (a) PROJECT DEAUTHORIZATION.— 


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1 (1) IN GENERAL.—A water resources develop2 ment project, or separable element of such a project, 

3 authorized for construction by this Act shall not be 

4 authorized after the last day of the 10-year period be5 ginning on the date of enactment of this Act unless— 

6 (A) funds have been obligated for construc7 tion of, or a post-authorization study for, such 

8 project or separable element during that period; 

9 or 

10 (B) the authorization contained in this Act 

11 has been modified by a subsequent Act of Con12 gress. 

13 (2) IDENTIFICATION OF PROJECTS.—Not later 

14 than 60 days after the expiration of the 10-year pe15 riod referred to in paragraph (1), the Secretary shall 

16 submit to the Committee on Environment and Public 

17 Works of the Senate and the Committee on Transpor18 tation and Infrastructure of the House of Representa19 tives a report that identifies the projects deauthorized 

20 under paragraph (1). 

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

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

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

24 to the Committee on Environment and Public Works of the 

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1 structure of the House of Representatives, and make avail2 able to the public, a report that contains— 

3 (1) a list of any water resources development 

4 projects authorized by this Act for which construction 

5 has not been completed during that period; 

6 (2) a description of the reasons the projects were 

7 not completed; 

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

9 based on expected levels of appropriations; and 

10 (4) a 5-year and 10-year projection of construc11 tion backlog and any recommendations to Congress 

12 regarding how to mitigate current problems and the 

13 backlog. 

14 (c) CLARIFICATION.—Section 6003(a) of the Water Re15 sources Reform and Development Act of 2014 (33 U.S.C. 

16 579c(a)) is amended by striking ‘‘7-year’’ each place it ap17 pears and inserting ‘‘10-year’’. 

18 SEC. 303. PROJECT MODIFICATIONS. 

19 (a) CONSISTENCY WITH REPORTS.—Congress finds 

20 that the project modifications described in this section are 

21 in accordance with the reports submitted to Congress by the 

22 Secretary under section 7001 of the Water Resources Reform 

23 and Development Act of 2014 (33 U.S.C. 2282d), titled ‘‘Re24 port to Congress on Future Water Resources Development’’, 

25 or have otherwise been reviewed by Congress. 


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1 (b) MODIFICATIONS.— 

2 (1) HARBOR/SOUTH BAY, CALIFORNIA.—Section 

3 219(f)(43) of the Water Resources Development Act of 

4 1992 (113 Stat. 337; 114 Stat. 2763A–220) is amend5 ed by striking ‘‘$35,000,000’’ and inserting 

6 ‘‘$70,000,000’’. 

7 (2) LAKES MARION AND MOULTRIE, SOUTH

8 CAROLINA.—Section 219(f)(25) of the Water Resources 

9 Development Act of 1992 (113 Stat. 336; 114 Stat. 

10 2763A–220; 117 Stat. 1838; 130 Stat. 1677) is 

11 amended by striking ‘‘$60,000,000’’ and inserting 

12 ‘‘$89,550,000’’. 

13 SEC. 304. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN. 

14 The portion of the project for navigation, Milwaukee 

15 Harbor, Milwaukee, Wisconsin, authorized by the first sec16 tion of the Act of March 3, 1843 (5 Stat. 619; chapter 85), 

17 consisting of the navigation channel within the Menomonee 

18 River that extends from the 16th Street Bridge upstream 

19 to the upper limit of the authorized navigation channel and 

20 described as follows is no longer authorized beginning on 

21 the date of enactment of this Act: 

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

23 downstream of the 16th Street Bridge, N383219.703, 

24 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 upstream 

9 limit of the existing project about 80.5 feet to a point, 

10 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 channel 

18 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 Stat. 

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

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


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1 of a line commencing at point N627942.09, E879709.18 

2 thence running southwesterly about 125 feet to a point 

3 N627832.03, E879649.91 is no longer authorized beginning 

4 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 por13 tions of tracts E–514–1, E–514–2, E–518–1, E–518– 

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

15 the Cheatham Lock and Dam project at CRM 158.5, 

16 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 the 

22 right to inundate with water any land transferred 

23 under this subsection. 

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

25 the Secretary an amount that is not less than the fair 


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1 market value of the land conveyed under this sub2 section, 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 ease6 ments, rights-of-way, and leases that are in effect as 

7 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 as 

12 the ‘‘City’’), all right, title, and interest of the United 

13 States in and to the real property covered by Lease 

14 No. DACW62–1–84–149, including any improvements 

15 thereon, at the Riverfront Park Recreational Develop16 ment, consisting of approximately 5 acres, subject to 

17 the right of the Secretary to retain any required ease18 ments 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 successors, 

24 or assigns cease to maintain improvements for recre25 ation included in the conveyance or otherwise utilize 


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1 the real property conveyed for purposes other than 

2 recreation and compatible flood risk management, the 

3 City, its successor, or assign shall repay to the United 

4 States the Federal share of the cost of constructing the 

5 improvements for recreation under the agreement be6 tween the United States and the City dated December 

7 8, 1981, increased as necessary to account for infla8 tion. 

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 States 

17 Code, shall not apply to any conveyance under this 

18 section. 

19 (3) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require that any conveyance under 

21 this section be subject to such additional terms and 

22 conditions as the Secretary considers necessary and 

23 appropriate to protect the interests of the United 

24 States. 


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

2 a conveyance is made under this section shall be re3 sponsible for all reasonable and necessary costs, in4 cluding real estate transaction and environmental 

5 documentation costs, associated with the conveyance. 

6 (5) LIABILITY.—An entity to which a conveyance 

7 is made under this section shall hold the United 

8 States harmless from any liability with respect to ac9 tivities carried out, on or after the date of the convey10 ance, on real property conveyed. The United States 

11 shall remain responsible for any liability with respect 

12 to activities carried out, before such date, on the real 

13 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 to 

19 as Christensen No. 1 Dike No. 42 and Christensen No. 2 

20 Levee No. 43 are no longer authorized beginning on the date 

21 of enactment of this Act. 

22 SEC. 308. KISSIMMEE RIVER RESTORATION, CENTRAL AND 

23 SOUTHERN FLORIDA. 

24 Subject to a determination by the Secretary that the 

25 costs are reasonable and allowable and that the work for 


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1 which credit is requested was carried out in accordance 

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

3 Resources Reform and Development Act of 2014 (128 Stat. 

4 1331) and all other applicable Federal laws, the Secretary 

5 may credit toward the non-Federal share of the cost of the 

6 Kissimmee River project, authorized in section 101(8) of 

7 the Water Resources Development Act of 1992 (106 Stat. 

8 4802), the value of in-kind contributions made by the non9 Federal interest with respect to the six following actions, 

10 as described in the final report of the Director of Civil 

11 Works on the Central and Southern Florida Project, Kis12 simmee River Restoration Project, dated April 27, 2018: 

13 (1) Shady Oaks Fish Camp land preparation. 

14 (2) Rocks Fish Camp land preparation. 

15 (3) Levee breaching of Sparks Candler and 

16 Bronson Levees. 

17 (4) Packingham Slough construction related to 

18 land acquisition. 

19 (5) Engineering analysis of River Acres engi20 neering solution. 

21 (6) Small local levee modifications. 

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

23 That portion of the channel improvement project, Lytle 

24 and Cajon Creeks, California, authorized to be carried out 

25 as a part of the project for the Santa Ana River Basin, 


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1 California, by the Act of December 22, 1944 (Chapter 665; 

2 58 Stat. 900) that consists of five earth-filled groins com3 monly referred to as ‘‘the Riverside Avenue groins’’ is no 

4 longer authorized as a Federal project beginning on the date 

5 of enactment of this Act. 

6 SEC. 310. YUBA RIVER BASIN, CALIFORNIA. 

7 (a) IN GENERAL.—The project for flood damage reduc8 tion, Yuba River Basin, California, authorized by section 

9 101(a)(10) of the Water Resources Development Act of 1999 

10 (113 Stat. 275) is modified to allow a non-Federal interest 

11 to construct a new levee to connect the existing levee with 

12 high ground. 

13 (b) PROJECT DESCRIPTION.—The levee to be con14 structed shall tie into the existing levee at a point Northing 

15 2186189.2438, Easting 6703908.8657, thence running east 

16 and south along a path to be determined to a point 

17 Northing 2187849.4328, Easting 6719262.0164. 

18 (c) COOPERATION AGREEMENT.—The Secretary shall 

19 execute a conforming amendment to the Memorandum of 

20 Understanding Respecting the Sacramento River Flood 

21 Control Project with the State of California dated November 

22 30, 1953, that is limited to changing the description of the 

23 project to reflect the modification. 

24 (d) NO FEDERAL COST.— 


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1 (1) REVIEW COSTS.—Before construction of the 

2 levee described in subsection (b), the Secretary may 

3 accept and expend funds received from a non-Federal 

4 interest to review the planning, engineering, and de5 sign of the levee described in subsection (b) to ensure 

6 that such planning, engineering, and design complies 

7 with Federal standards. 

8 (2) NON-FEDERAL SHARE.—The non-Federal 

9 share of the cost of constructing the levee shall be 100 

10 percent. 

11 TITLE IV—WATER RESOURCES 

12 INFRASTRUCTURE 

13 SEC. 401. PROJECT AUTHORIZATIONS. 

14 The following projects for water resources development 

15 and conservation and other purposes, as identified in the 

16 reports titled ‘‘Report to Congress on Future Water Re17 sources Development’’ submitted to Congress on March 17, 

18 2017, and February 5, 2018, respectively, pursuant to sec19 tion 7001 of the Water Resources Reform and Development 

20 Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 

21 Congress are authorized to be carried out by the Secretary 

22 substantially in accordance with the plans, and subject to 

23 the conditions, described in the respective reports or deci24 sion documents designated in this section: 

25 (1) NAVIGATION.— 


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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 

1 (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 

2 (3) HURRICANE AND STORM DAMAGE RISK RE3 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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

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 

1 (4) FLOOD RISK MANAGEMENT AND ECOSYSTEM

2 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 

3 (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 


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Union Calendar No. 548 

115TH CONGRESS 

2D SESSION H. R. 8 

[Report No. 115–708] 

A BILL 

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 1, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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