59–006 

114TH CONGRESS REPT. 114–785 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

WATER RESOURCES DEVELOPMENT ACT OF 2016 

SEPTEMBER 22, 2016.—Committed to the Whole House on the Senate of the Union 

and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 5303] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 5303) to provide for improvements to the 

rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

Purpose of the Legislation ...................................................................................... 33 

Background and Need for the Legislation ............................................................. 33 

Hearings ................................................................................................................... 33 

Legislative History and Consideration .................................................................. 33 

Committee Votes ...................................................................................................... 35 

Committee Oversight Findings ............................................................................... 36 

New Budget Authority and Tax Expenditures ...................................................... 36 

Congressional Budget Office Cost Estimate .......................................................... 36 

Performance Goals and Objectives ......................................................................... 39 

Advisory of Earmarks .............................................................................................. 40 

Duplication of Federal Programs ............................................................................ 40 

Disclosure of Directed Rulemakings ...................................................................... 40 

Federal Mandate Statement ................................................................................... 40 

Preemption Clarification ......................................................................................... 40 

Advisory Committee Statement .............................................................................. 40 

Applicability of Legislative Branch ........................................................................ 40 

Section-by-Section Analysis of Legislation ............................................................ 41 

Changes in Existing Law Made by the Bill, as Reported ..................................... 54 

Committee Correspondence .................................................................................... 121 

The amendment is as follows: 


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Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources Development 

Act of 2016’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Sense of Congress regarding Water Resources Development Acts. 

Sec. 102. Training and employment for veterans and members of Armed Forces in curation and historic preservation. 

Sec. 103. Youth service and conservation corps organizations. 

Sec. 104. Navigation safety. 

Sec. 105. Emerging harbors. 

Sec. 106. Federal breakwaters and jetties. 

Sec. 107. Donor ports and energy transfer ports. 

Sec. 108. Use of Harbor Maintenance Trust Fund to support navigation. 

Sec. 109. Remote and subsistence harbors. 

Sec. 110. Beneficial use of dredged material. 

Sec. 111. Reservoir sediment. 

Sec. 112. Contributed funds for reservoir operations. 

Sec. 113. Water supply conservation. 

Sec. 114. Interstate compacts. 

Sec. 115. Nonstructural alternatives. 

Sec. 116. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects. 

Sec. 117. Estuary restoration. 

Sec. 118. Great Lakes fishery and ecosystem restoration. 

Sec. 119. Agreements. 

Sec. 120. Corps of Engineers operation of unmanned aircraft systems. 

Sec. 121. Federal dredge fleet. 

Sec. 122. Corps of Engineers assets. 

Sec. 123. Funding to process permits. 

Sec. 124. Credit in lieu of reimbursement. 

Sec. 125. Clarification of contributions during emergency events. 

Sec. 126. Study of water resources development projects by non-Federal interests. 

Sec. 127. Non-Federal construction of authorized flood damage reduction projects. 

Sec. 128. Multistate activities. 

Sec. 129. Regional participation assurance for levee safety activities. 

Sec. 130. Participation of non-Federal interests. 

Sec. 131. Indian tribes. 

Sec. 132. Dissemination of information on the annual report process. 

Sec. 133. Scope of projects. 

Sec. 134. Preliminary feasibility study activities. 

Sec. 135. Post-authorization change reports. 

Sec. 136. Maintenance dredging data. 

Sec. 137. Electronic submission and tracking of permit applications. 

Sec. 138. Data transparency. 

Sec. 139. Backlog prevention. 

Sec. 140. Quality control. 

Sec. 141. Budget development and prioritization. 

Sec. 142. Use of natural and nature-based features. 

Sec. 143. Annual report on purchase of foreign manufactured articles. 

Sec. 144. Integrated water resources planning. 

Sec. 145. Evaluation of project partnership agreements. 

Sec. 146. Additional measures at donor ports and energy transfer ports. 

Sec. 147. Arctic deep draft port development partnerships. 

Sec. 148. International outreach program. 

Sec. 149. Comprehensive study. 

Sec. 150. Alternative models for managing Inland Waterways Trust Fund. 

Sec. 151. Alternative projects to maintenance dredging. 

Sec. 152. Fish hatcheries. 

Sec. 153. Environmental banks. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 

Sec. 202. Expedited completion of reports for certain projects. 

TITLE III—DEAUTHORIZATIONS AND RELATED PROVISIONS 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Valdez, Alaska. 

Sec. 303. Los Angeles County Drainage Area, Los Angeles County, California. 

Sec. 304. Sutter Basin, California. 

Sec. 305. Essex River, Massachusetts. 

Sec. 306. Port of Cascade Locks, Oregon. 

Sec. 307. Central Delaware River, Philadelphia, Pennsylvania. 

Sec. 308. Huntingdon County, Pennsylvania. 

Sec. 309. Rivercenter, Philadelphia, Pennsylvania. 

Sec. 310. Joe Pool Lake, Texas. 

Sec. 311. Salt Creek, Graham, Texas. 

Sec. 312. Texas City Ship Channel, Texas City, Texas. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 


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SEC. 2. SECRETARY DEFINED. 

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

TITLE I—GENERAL PROVISIONS 

SEC. 101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT ACTS. 

(a) FINDINGS.—Congress finds the following: 

(1) The Corps of Engineers constructs projects for the purposes of navigation, 

flood control, beach erosion control and shoreline protection, hydroelectric 

power, recreation, water supply, environmental protection, restoration, and enhancement, and fish and wildlife mitigation. 

(2) The Corps of Engineers is the primary Federal provider of outdoor recreation in the United States. 

(3) The Corps of Engineers owns and operates more than 600 dams. 

(4) The Corps of Engineers operates and maintains 12,000 miles of commercial inland navigation channels. 

(5) The Corps of Engineers manages the dredging of more than 200,000,000 

cubic yards of construction and maintenance dredge material annually. 

(6) The Corps of Engineers maintains 926 coastal, Great Lakes, and inland 

harbors. 

(7) The Corps of Engineers restores, creates, enhances, or preserves tens of 

thousands of acres of wetlands annually under the Corps’ Regulatory Program. 

(8) The Corps of Engineers provides a total water supply storage capacity of 

329,200,000 acre-feet in major Corps lakes. 

(9) The Corps of Engineers owns and operates 24 percent of United States hydropower capacity or 3 percent of the total electric capacity of the United 

States. 

(10) The Corps of Engineers supports Army and Air Force installations. 

(11) The Corps of Engineers provides technical and construction support to 

more than 100 countries. 

(12) The Corps of Engineers manages an Army military construction program 

that carried out approximately $44,600,000,000 in construction projects (the 

largest construction effort since World War II) between 2006 and 2013. 

(13) The Corps of Engineers researches and develops technologies to protect 

the environment and enhance quality of life in the United States. 

(14) The legislation for authorizing Corps of Engineers projects is the Water 

Resources Development Act and, between 1986 and 2000, Congress typically enacted an authorization bill every 2 years. 

(15) Since 2000, only 3 Water Resources Development Acts have been enacted. 

(16) In 2014, the Water Resources Reform and Development Act of 2014 was 

enacted, which accelerated the infrastructure project delivery process, fostered 

fiscal responsibility, and strengthened water transportation networks to promote the competitiveness, prosperity, and economic growth of the United States. 

(17) Section 1001 of the Water Resources Reform and Development Act of 

2014 (33 U.S.C. 2282c) requires typical Corps of Engineers project feasibility 

studies to be completed in 3 years. 

(18) Section 7001 of the Water Resources Reform and Development Act of 

2014 (33 U.S.C. 2282d) requires the Corps of Engineers to submit annually a 

Report to Congress on Future Water Resources Development, which ensures 

projects and activities proposed at the local, regional, and State levels are considered for authorization. 

(19) Passing Water Resources Development Acts on a routine basis enables 

Congress to exercise oversight, ensures the Corps of Engineers maintains an appropriately sized portfolio, prevents project backlog, and keeps United States infrastructure competitive. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the missions and authorities of the Corps of Engineers are a unique function that benefits all Americans; 

(2) water resources development projects are critical to maintaining economic 

prosperity, national security, and environmental protection; 

(3) Congress has required timely delivery of project and study authorization 

proposals from non-Federal project sponsors and the Corps of Engineers; and 

(4) Congress should consider a Water Resources Development Act at least 

once every Congress. 


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SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED FORCES IN 

CURATION AND HISTORIC PRESERVATION. 

Using available funds, the Secretary, acting through the Chief of Engineers, shall 

carry out a Veterans’ Curation Program to train and hire veterans and members 

of the Armed Forces to assist the Secretary in carrying out curation and historic 

preservation activities. 

SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS. 

Section 213 of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is 

amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.—The Secretary 

shall, to the maximum extent practicable, enter into cooperative agreements with 

qualified youth service and conservation corps organizations for services relating to 

projects under the jurisdiction of the Secretary and shall do so in a manner that 

ensures the maximum participation and opportunities for such organizations.’’. 

SEC. 104. NAVIGATION SAFETY. 

The Secretary shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety activities at those projects 

eligible for operation and maintenance under section 204(f) of the Water Resources 

Development Act of 1986 (33 U.S.C. 2232(f)). 

SEC. 105. EMERGING HARBORS. 

Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is 

amended— 

(1) in subsection (c)(3) by striking ‘‘for each of fiscal years 2015 through 2022’’ 

and inserting ‘‘for each fiscal year’’; and 

(2) in subsection (d)(1)(A)— 

(A) in the matter preceding clause (i) by striking ‘‘For each of fiscal years 

2015 through 2024’’ and inserting ‘‘For each fiscal year’’; 

(B) in clause (i) by striking ‘‘90’’ and inserting ‘‘Not more than 90’’; and 

(C) in clause (ii) by striking ‘‘10’’ and inserting ‘‘At least 10’’. 

SEC. 106. FEDERAL BREAKWATERS AND JETTIES. 

(a) IN GENERAL.—The Secretary shall, at Federal expense, establish an inventory 

and conduct an assessment of the general structural condition of all Federal breakwaters and jetties protecting harbors and inland harbors within the United States. 

(b) CONTENTS.—The inventory and assessment carried out under subsection (a) 

shall include— 

(1) compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within the United States; 

(2) determining the general structural condition of each breakwater and jetty; 

(3) analyzing the potential risks to navigational safety, and the impact on the 

periodic maintenance dredging needs of protected harbors and inland harbors, 

resulting from the general structural condition of each breakwater and jetty; 

and 

(4) estimating the costs, for each breakwater and jetty, to restore or maintain 

the breakwater or jetty to authorized levels and the total of all such costs. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of 

this Act, the Secretary shall submit to Congress a report on the results of the inventory and assessment carried out under subsection (a). 

SEC. 107. DONOR PORTS AND ENERGY TRANSFER PORTS. 

Section 2106(a)(2)(B) of the Water Resources Reform and Development Act of 2014 

(33 U.S.C. 2238c(a)(2)(B)) is amended by striking ‘‘$15,000,000’’ and inserting 

‘‘$5,000,000’’. 

SEC. 108. USE OF HARBOR MAINTENANCE TRUST FUND TO SUPPORT NAVIGATION. 

(a) AVAILABILITY OF AMOUNTS.—Section 210 of the Water Resources Development 

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

(1) in the section heading by striking ‘‘Authorization of appropriations’’ and 

inserting ‘‘Funding for harbor navigation’’; 

(2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), 

and (g), respectively; and 

(3) by inserting after subsection (b) the following: 

‘‘(c) USE OF COLLECTED FUNDS IN FISCAL YEAR 2027 AND THEREAFTER.— 

‘‘(1) USE OF FUNDS.—In addition to the amounts appropriated under subsections (a) and (b), there shall be available to the Secretary, out of the Harbor 

Maintenance Trust Fund, without further appropriation, for fiscal year 2027 


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and each fiscal year thereafter, such sums as may be necessary to carry out the 

purposes of subsection (a)(2). 

‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available under this subsection shall remain available until expended.’’. 

(b) CONFORMING AMENDMENTS.—Section 210 of the Water Resources Development 

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

(1) in subsection (d)(2)(A)(i) (as redesignated by subsection (a)(2) of this section) by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 

(2) in subsection (e)(3)(B)(i) (as redesignated by subsection (a)(2) of this section) by striking ‘‘subsection (c)(2)(A)’’ and inserting ‘‘subsection (d)(2)(A)’’; and 

(3) in subsection (f)(2)(A)(ii) (as redesignated by subsection (a)(2) of this section) by striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection (e)(2)’’. 

SEC. 109. REMOTE AND SUBSISTENCE HARBORS. 

Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) 

is amended— 

(1) in subsection (a)(3) by inserting ‘‘in which the project is located, or the 

long-term viability of a community that is located in the region that is served 

by the project and that will rely on the project,’’ after ‘‘community’’; and 

(2) in subsection (b)— 

(A) in paragraph (1) by inserting ‘‘and communities that are located in 

the region to be served by the project and that will rely on the project’’ after 

‘‘community’’; 

(B) in paragraph (4) by striking ‘‘local population’’ and inserting ‘‘regional 

population to be served by the project’’; and 

(C) in paragraph (5) by striking ‘‘community’’ and inserting ‘‘local community and communities that are located in the region to be served by the 

project and that will rely on the project’’. 

SEC. 110. BENEFICIAL USE OF DREDGED MATERIAL. 

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, 

the Secretary shall establish a pilot program to carry out projects for the beneficial 

use of dredged material, including projects for the purposes of— 

(1) reducing storm damage to property and infrastructure; 

(2) promoting public safety; 

(3) protecting, restoring, and creating aquatic ecosystem habitats; 

(4) stabilizing stream systems and enhancing shorelines; 

(5) promoting recreation; and 

(6) supporting risk management adaptation strategies. 

(b) PROJECT SELECTION.—In carrying out the pilot program, the Secretary shall— 

(1) identify for inclusion in the pilot program and carry out 10 projects for 

the beneficial use of dredged material; 

(2) consult with relevant State agencies in selecting projects; and 

(3) select projects solely on the basis of— 

(A) the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and 

(B) the need for a diversity of project types and geographical project locations. 

(c) REGIONAL BENEFICIAL USE TEAMS.— 

(1) IN GENERAL.—In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation 

of projects under the pilot program. 

(2) COMPOSITION.— 

(A) LEADERSHIP.—For each regional beneficial use team established 

under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team. 

(B) MEMBERSHIP.—The membership of each regional beneficial use team 

shall include— 

(i) representatives of relevant Corps of Engineers districts and divisions; 

(ii) representatives of relevant State and local agencies; and 

(iii) representatives of Federal agencies and such other entities as the 

Secretary determines appropriate, consistent with the purposes of this 

section. 

(d) CONSIDERATIONS.—The Secretary shall carry out the pilot program in a manner that— 

(1) maximizes the beneficial placement of dredged material from Federal and 

non-Federal navigation channels; 


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(2) incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration 

projects; 

(3) coordinates the mobilization of dredges and related equipment, including 

through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations; 

(4) fosters Federal, State, and local collaboration; 

(5) implements best practices to maximize the beneficial use of dredged sand 

and other sediments; and 

(6) ensures that the use of dredged material is consistent with all applicable 

environmental laws. 

(e) COST SHARING.—Projects carried out under this section shall be subject to the 

cost-sharing requirements applicable to projects carried out under section 204 of the 

Water Resources Development Act of 1992 (33 U.S.C. 2326). 

(f) REPORT.—Not later than 2 years after the date of enactment of this Act, and 

annually thereafter, the Secretary shall submit to the Committee on Environment 

and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— 

(1) a description of the projects selected to be carried out under the pilot program; 

(2) documentation supporting each of the projects selected; 

(3) the findings of regional beneficial use teams regarding project selection; 

and 

(4) any recommendations of the Secretary or regional beneficial use teams 

with respect to the pilot program. 

(g) TERMINATION.—The pilot program shall terminate after completion of the 10 

projects carried out pursuant to subsection (b)(1). 

(h) EXEMPTION FROM OTHER STANDARDS.—The projects carried out under this section shall be carried out notwithstanding the definition of the term ‘‘Federal standard’’ in section 335.7 of title 33, Code of Federal Regulations. 

(i) CLARIFICATION.—Section 156(e) of the Water Resources Development Act of 

1976 (42 U.S.C. 1962d–5f(e)) is amended by striking ‘‘3’’ and inserting ‘‘6’’. 

SEC. 111. RESERVOIR SEDIMENT. 

(a) IN GENERAL.—Section 215 of the Water Resources Development Act of 2000 

(33 U.S.C. 2326c) is amended to read as follows: 

‘‘SEC. 215. RESERVOIR SEDIMENT. 

‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of the 

Water Resources Development Act of 2016 and after providing public notice, the 

Secretary shall establish, using available funds, a pilot program to accept services 

provided by a non-Federal interest or commercial entity for removal of sediment 

captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity 

of the project concerned. 

‘‘(b) REQUIREMENTS.—In carrying out this section, the Secretary shall— 

‘‘(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project 

concerned; 

‘‘(2) ensure that the non-Federal interest or commercial entity will indemnify 

the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; 

‘‘(3) require the non-Federal interest or commercial entity, prior to initiating 

the services and upon completion of the services, to conduct sediment surveys 

to determine the pre- and post-services sediment profile and sediment quality; 

and 

‘‘(4) limit the number of dams for which services are accepted to 10. 

‘‘(c) LIMITATION.— 

‘‘(1) IN GENERAL.—The Secretary may not accept services under subsection (a) 

if the Secretary, after consultation with the Chief of Engineers, determines that 

accepting the services is not advantageous to the United States. 

‘‘(2) REPORT TO CONGRESS.—If the Secretary makes a determination under 

paragraph (1), the Secretary shall provide to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning 

for the determination. 

‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In exchange for providing services 

under subsection (a), a non-Federal interest or commercial entity is authorized to 

retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection 


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with the services and the Corps of Engineers may not seek any compensation for 

the value of the sediment. 

‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to accepting services provided by a 

non-Federal interest or commercial entity under this section, the Secretary shall 

provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate 

written notice of the acceptance of the services. 

‘‘(f) REPORT TO CONGRESS.—Upon completion of services at the 10 dams allowed 

under subsection (b)(4), the Secretary shall make publicly available and submit to 

the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

documenting the results of the services.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking the item relating to section 

215 and inserting the following: 

‘‘Sec. 215. Reservoir sediment.’’. 

SEC. 112. CONTRIBUTED FUNDS FOR RESERVOIR OPERATIONS. 

Section 5 of the Act of June 22, 1936 (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), 

is amended by inserting after ‘‘authorized purposes of the project:’’ the following: 

‘‘Provided further, That the Secretary is authorized to receive and expend funds 

from a State or a political subdivision thereof, and other non-Federal interests, to 

formulate, review, or revise operational documents for any reservoir for which the 

Secretary is authorized to prescribe regulations for the use of storage allocated for 

flood risk management or navigation pursuant to section 7 of the Act of December 

22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 709):’’. 

SEC. 113. WATER SUPPLY CONSERVATION. 

(a) IN GENERAL.—In a State in which a drought emergency has been declared or 

was in effect during the 1-year period ending on the date of enactment of this Act, 

the Secretary is authorized— 

(1) to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and 

(2) to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with non-Federal interests to carry out 

the conservation measures approved by such evaluations. 

(b) ELIGIBILITY.—Water supply conservation measures evaluated under subsection 

(a) may include the following: 

(1) Storm water capture. 

(2) Releases for ground water replenishment or aquifer storage and recovery. 

(3) Releases to augment water supply at another Federal or non-Federal storage facility. 

(4) Other conservation measures that enhance usage of a Corps of Engineers 

project for water supply. 

(c) COSTS.—A non-Federal interest shall pay only the separable costs associated 

with the evaluation, implementation, operation, and maintenance of an approved 

water supply conservation measure, which payments may be accepted and expended 

by the Corps of Engineers to cover such costs. 

(d) STATUTORY CONSTRUCTION.—Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for— 

(1) water supply storage pursuant to section 301 of the Water Supply Act of 

1958 (43 U.S.C. 390b); or 

(2) surplus water use pursuant to section 6 of the Act of December 22, 1944 

(58 Stat. 890, chapter 665; 33 U.S.C. 708). 

(e) LIMITATIONS.—Nothing in this section— 

(1) affects, modifies, or changes the authorized purposes of a Corps of Engineers project; 

(2) affects existing Corps of Engineers authorities, including its authorities 

with respect to navigation, flood damage reduction, and environmental protection and restoration; 

(3) affects the Corps of Engineers ability to provide for temporary deviations; 

(4) affects the application of a cost-share requirement under section 101, 102, 

or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, 

and 2213); 

(5) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment 

of this Act; 


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(6) supersedes or modifies any amendment to an existing multistate water 

control plan, including those water control plans along the Missouri River and 

those water control plans in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa basins; 

(7) affects any water right in existence on the date of enactment of this Act; 

or 

(8) preempts or affects any State water law or interstate compact governing 

water. 

SEC. 114. INTERSTATE COMPACTS. 

Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (f). 

SEC. 115. NONSTRUCTURAL ALTERNATIVES. 

Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 

701n(a)(1)), is amended by striking ‘‘if requested’’ each place it appears and inserting ‘‘after consultation with the non-Federal sponsor and if requested and agreed 

to’’. 

SEC. 116. OPERATION AND MAINTENANCE OF ENVIRONMENTAL PROTECTION AND RESTORATION AND AQUATIC ECOSYSTEM RESTORATION PROJECTS. 

(a) NON-FEDERAL OBLIGATIONS.—Notwithstanding section 103(j) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(j)), a non-Federal interest is released from any obligation to operate and maintain the nonstructural and nonmechanical components of a water resources development project carried out for the 

purposes of environmental protection and restoration or aquatic ecosystem restoration, including a project carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) or section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), if the Secretary determines that— 

(1) the 50-year period that began on the date on which project construction 

was completed has concluded; or 

(2) the criteria identified in the guidance issued under subsection (c) have 

been met with respect to the project. 

(b) FEDERAL OBLIGATIONS.—The Secretary is not responsible for the operation or 

maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (a). 

(c) GUIDANCE.—In consultation with non-Federal interests, and not later than 1 

year after the date of enactment of this Act, the Secretary shall issue guidance that 

identifies criteria for determining, using the best available science, when the purpose of a project for environmental protection and restoration or aquatic ecosystem 

restoration has been achieved, including criteria for determining when a project has 

resulted in the return of the project location to a condition where natural hydrologic 

and ecological functions are the predominant factors in the condition, functionality, 

and durability of the location. 

SEC. 117. ESTUARY RESTORATION. 

(a) PARTICIPATION OF NON-FEDERAL INTERESTS.—Section 104(f) of the Estuary 

Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by adding at the end the 

following: 

‘‘(3) PROJECT AGREEMENTS.—For a project carried out under this title, the requirements of section 103(j)(1) of the Water Resources Development Act of 1986 

(33 U.S.C. 2213(j)(1)) may be fulfilled by a nongovernmental organization serving as the non-Federal interest for the project pursuant to paragraph (2).’’. 

(b) EXTENSION.—Section 109(a) of the Estuary Restoration Act of 2000 (33 U.S.C. 

2908(a)) is amended by striking ‘‘2012’’ each place it appears and inserting ‘‘2021’’. 

SEC. 118. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION. 

Section 506(g) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d– 

22(g)) is repealed. 

SEC. 119. AGREEMENTS. 

Section 2036(c) of the Water Resources Development Act of 2007 (33 U.S.C. 

2317b) is repealed. 

SEC. 120. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and 

principal approving official for developing the process and procedures by which the 

Corps of Engineers— 

(1) operates and maintains small unmanned aircraft (as defined in section 

331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) 


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systems in support of civil works and emergency response missions of the Corps 

of Engineers; and 

(2) acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems. 

(b) REQUIREMENTS.—A small unmanned aircraft system acquired, operated, or 

maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil 

aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt 

from regulations of the Department of Defense, including the Department of the 

Army, governing such system. 

(c) LIMITATION.—A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department 

of Defense other than a mission specified in subsection (a). 

SEC. 121. FEDERAL DREDGE FLEET. 

(a) STUDY.—The Comptroller General of the United States shall conduct a study 

on the costs and benefits of expanding, reducing, or maintaining the current configuration with respect to the size and makeup of the federally owned hopper dredge 

fleet. 

(b) FACTORS.—In carrying out the study, the Comptroller General shall evaluate— 

(1) the current and anticipated configuration and capacity of the Federal and 

private hopper dredge fleet; 

(2) the current and anticipated trends for the volume and type of dredge work 

required over the next 10 years, and the alignment of the size of the existing 

Federal and private hopper dredge fleet with future dredging needs; 

(3) available historic data on the costs, efficiency, and time required to initiate 

and complete dredging work carried out by Federal and private hopper dredge 

fleets, respectively; 

(4) whether the requirements of section 3 of the Act of August 11, 1888 (25 

Stat. 423, chapter 860; 33 U.S.C. 622), have any demonstrable impacts on the 

factors identified in paragraphs (1) through (3), and whether such requirements 

are most economical and advantageous to the United States; and 

(5) other factors that the Comptroller General determines are necessary to 

evaluate whether it is economical and advantageous to the United States to expand, reduce, or maintain the current configuration of the federally owned hopper dredge fleet. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Comptroller General shall submit to Congress a report on the results of the study. 

SEC. 122. CORPS OF ENGINEERS ASSETS. 

Section 6002 of the Water Resources Reform and Development Act of 2014 (Public 

Law 113–121; 128 Stat. 1349) is amended— 

(1) in subsection (a) by striking ‘‘the date of enactment of this Act’’ and inserting ‘‘the date of enactment of the Water Resources Development Act of 2016’’; 

and 

(2) in subsection (b) by adding at the end the following: 

‘‘(6) The extent to which the property has economic, cultural, historic, or recreational significance, or impacts at the national, State, or local level.’’. 

SEC. 123. FUNDING TO PROCESS PERMITS. 

Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 

2352(a)) is amended— 

(1) in paragraph (1) by adding at the end the following: 

‘‘(C) RAILROAD CARRIER.—The term ‘railroad carrier’ has the meaning 

given the term in section 20102 of title 49, United States Code.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘or natural gas company’’ and inserting ‘‘, natural gas 

company, or railroad carrier’’; and 

(B) by striking ‘‘or company’’ and inserting ‘‘, company, or carrier’’; 

(3) by striking paragraph (3); 

(4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and 

(5) in paragraph (4) (as so redesignated) by striking ‘‘and natural gas companies’’ and inserting ‘‘, natural gas companies, and railroad carriers’’. 

SEC. 124. CREDIT IN LIEU OF REIMBURSEMENT. 

Section 1022 of the Water Resources Reform and Development Act of 2014 (33 

U.S.C. 2225) is amended— 

(1) in subsection (a) by striking ‘‘that has been constructed by a non-Federal 

interest under section 211 of the Water Resources Development Act of 1996 (33 


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10 

U.S.C. 701b-13) before the date of enactment of this Act’’ and inserting ‘‘for 

which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13)’’; and 

(2) in subsection (b) by striking ‘‘share of the cost of the non-Federal interest 

of carrying out other flood damage reduction projects or studies’’ and inserting 

‘‘non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest’’. 

SEC. 125. CLARIFICATION OF CONTRIBUTIONS DURING EMERGENCY EVENTS. 

Section 1024(a) of the Water Resources Reform and Development Act of 2014 (33 

U.S.C. 2325a(a)) is amended by inserting after ‘‘emergency’’ the following: ‘‘, or that 

has had or may have an equipment failure (including a failure caused by a lack of 

or deferred maintenance),’’. 

SEC. 126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. 

Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is 

amended by adding at the end the following: 

‘‘(e) TECHNICAL ASSISTANCE.—At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any 

aspect of a feasibility study if the non-Federal interest contracts with the Secretary 

to pay all costs of providing such technical assistance.’’. 

SEC. 127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION 

PROJECTS. 

Section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 

2232(d)) is amended by adding at the end the following: 

‘‘(5) DISCRETE SEGMENTS.— 

‘‘(A) IN GENERAL.—The Secretary may authorize credit or reimbursement 

under this subsection for a discrete segment of a flood damage reduction 

project, or separable element thereof, before final completion of the project 

or separable element if— 

‘‘(i) except as provided in clause (ii), the Secretary determines that 

the discrete segment satisfies the requirements of paragraphs (1) 

through (4) in the same manner as the project or separable element; 

and 

‘‘(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, 

before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. 

‘‘(B) DETERMINATION.—Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that— 

‘‘(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and 

‘‘(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and 

the plans approved under paragraph (1)(A)(i). 

‘‘(C) WRITTEN AGREEMENT.— 

‘‘(i) IN GENERAL.—As part of the written agreement required under 

paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or 

reimbursement under this paragraph shall— 

‘‘(I) identify any discrete segment that the non-Federal interest 

may carry out; and 

‘‘(II) agree to the completion of the flood damage reduction 

project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. 

‘‘(ii) REMITTANCE.—If a non-Federal interest fails to complete a flood 

damage reduction project, or separable element thereof, that it agreed 

to complete under clause (i)(II), the non-Federal interest shall remit 

any reimbursements received under this paragraph for a discrete segment of such project or separable element. 

‘‘(D) DISCRETE SEGMENT DEFINED.—In this paragraph, the term ‘discrete 

segment’ means a physical portion of a flood damage reduction project, or 

separable element thereof— 

‘‘(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and 

‘‘(ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final compleVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR785P1.XXX HR785P1

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tion of the flood damage reduction project, or separable element thereof.’’. 

SEC. 128. MULTISTATE ACTIVITIES. 

Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d– 

16) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘or other non-Federal interest’’ and inserting ‘‘, group of 

States, or non-Federal interest’’; 

(B) by inserting ‘‘or group of States’’ after ‘‘working with a State’’; and 

(C) by inserting ‘‘or group of States’’ after ‘‘boundaries of such State’’; and 

(2) in subsection (c)(1) by adding at the end the following: ‘‘The Secretary may 

allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1).’’. 

SEC. 129. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY ACTIVITIES. 

(a) NATIONAL LEVEE SAFETY PROGRAM.—Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended— 

(1) in paragraph (11) by striking ‘‘State or Indian tribe’’ and inserting ‘‘State, 

regional district, or Indian tribe’’; 

(2) by redesignating paragraphs (12) through (16) as paragraphs (13) through 

(17), respectively; and 

(3) by inserting after paragraph (11) the following: 

‘‘(12) REGIONAL DISTRICT.—The term ‘regional district’ means a subdivision of 

a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of 

flood damage reduction.’’. 

(b) INVENTORY AND INSPECTION OF LEVEES.—Section 9004 of the Water Resources 

Development Act of 2007 (33 U.S.C. 3303) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1) by striking ‘‘one year after the date of enactment of 

this Act’’ and inserting ‘‘1 year after the date of enactment of the Water 

Resources Development Act of 2016’’; 

(B) in paragraph (2)(A) by striking ‘‘States, Indian tribes, Federal agencies, and other entities’’ and inserting ‘‘States, regional districts, Indian 

tribes, Federal agencies, and other entities’’; and 

(C) in paragraph (3)— 

(i) in the heading for subparagraph (A) by striking ‘‘FEDERAL, STATE, 

AND LOCAL’’ and inserting ‘‘FEDERAL, STATE, REGIONAL, TRIBAL, AND

LOCAL’’; and 

(ii) in subparagraph (A) by striking ‘‘Federal, State, and local’’ and 

inserting ‘‘Federal, State, regional, tribal, and local’’; and 

(2) in subsection (c)— 

(A) in paragraph (4)— 

(i) in the paragraph heading by striking ‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND TRIBAL’’; and 

(ii) by striking ‘‘State or Indian tribe’’ each place it appears and inserting ‘‘State, regional district, or Indian tribe’’; and 

(B) in paragraph (5)— 

(i) by striking ‘‘State or Indian tribe’’ and inserting ‘‘State, regional 

district, or Indian tribe’’; and 

(ii) by striking ‘‘chief executive of the tribal government’’ and inserting ‘‘chief executive of the regional district or tribal government’’. 

(c) LEVEE SAFETY INITIATIVE.—Section 9005 of the Water Resources Development 

Act of 2007 (33 U.S.C. 3303a) is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘1 year after the date of enactment of this subsection’’ and inserting ‘‘1 year after the date of enactment of the 

Water Resources Development Act of 2016’’; and 

(II) by striking ‘‘State, local, and tribal governments and organizations’’ and inserting ‘‘State, regional, local, and tribal governments and organizations’’; and 

(ii) in subparagraph (A) by striking ‘‘Federal, State, tribal, and local 

agencies’’ and inserting ‘‘Federal, State, regional, local, and tribal agencies’’; 

(B) in paragraph (3)— 


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(i) in subparagraph (A) by striking ‘‘State, local, and tribal governments’’ and inserting ‘‘State, regional, local, and tribal governments’’; 

and 

(ii) in subparagraph (B) by inserting ‘‘, regional, or tribal’’ after 

‘‘State’’ each place it appears; and 

(C) in paragraph (5)(A) by striking ‘‘States, non-Federal interests, and 

other appropriate stakeholders’’ and inserting ‘‘States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders’’; 

(2) in subsection (e)(1) in the matter preceding subparagraph (A) by striking 

‘‘States, communities, and levee owners’’ and inserting ‘‘States, regional districts, Indian tribes, communities, and levee owners’’; 

(3) in subsection (g)— 

(A) in the subsection heading by striking ‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND TRIBAL’’; 

(B) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘1 year after the date of enactment of this subsection’’ and inserting ‘‘1 year after the date of enactment of the 

Water Resources Development Act of 2016’’; and 

(II) by striking ‘‘State or tribal’’ and inserting ‘‘State, regional, or 

tribal’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘State and Indian tribe’’ and inserting ‘‘State, regional district, and Indian tribe’’; and 

(II) by striking ‘‘State or Indian tribe’’ and inserting ‘‘State, regional district, or Indian tribe’’; and 

(C) in paragraph (2)— 

(i) in the paragraph heading by striking ‘‘STATES’’ and inserting 

‘‘STATES, REGIONAL DISTRICTS, AND INDIAN TRIBES’’; 

(ii) in subparagraph (A) by striking ‘‘States and Indian tribes’’ and 

inserting ‘‘States, regional districts, and Indian tribes’’; 

(iii) in subparagraph (B)— 

(I) in the matter preceding clause (i) by striking ‘‘State or Indian 

tribe’’ and inserting ‘‘State, regional district, or Indian tribe’’; 

(II) in clause (ii) by striking ‘‘levees within the State’’ and inserting ‘‘levees within the State or regional district’’; and 

(III) in clause (iii) by striking ‘‘State or Indian tribe’’ and inserting ‘‘State, regional district, or Indian tribe’’; 

(iv) in subparagraph (C)(ii) in the matter preceding subclause (I) by 

striking ‘‘State or tribal’’ and inserting ‘‘State, regional, or tribal’’; and 

(v) in subparagraph (E)— 

(I) by striking ‘‘States and Indian tribes’’ each place it appears 

and inserting ‘‘States, regional districts, and Indian tribes’’; 

(II) in clause (ii)(II)— 

(aa) in the matter preceding item (aa) by striking ‘‘State or 

Indian tribe’’ and inserting ‘‘State, regional district, or Indian 

tribe’’; 

(bb) in item (aa) by striking ‘‘miles of levees in the State’’ 

and inserting ‘‘miles of levees in the State or regional district’’; 

and 

(cc) in item (bb) by striking ‘‘miles of levees in all States’’ 

and inserting ‘‘miles of levees in all States and regional districts’’; and 

(III) in clause (iii)— 

(aa) by striking ‘‘State or Indian tribe’’ and inserting ‘‘State, 

regional district, or Indian tribe’’; and 

(bb) by striking ‘‘State or tribal’’ and inserting ‘‘State, regional, or tribal’’; and 

(4) in subsection (h)— 

(A) in paragraph (1) by striking ‘‘States, Indian tribes, and local governments’’ and inserting ‘‘States, regional districts, Indian tribes, and local governments’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A) by striking ‘‘State, Indian tribe, or local government’’ and inserting ‘‘State, regional district, 

Indian tribe, or local government’’; and 

(ii) in subparagraph (E) in the matter preceding clause (i) by striking 

‘‘State or tribal’’ and inserting ‘‘State, regional, or tribal’’; 

(C) in paragraph (3)— 


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(i) in subparagraph (A) by striking ‘‘State, Indian tribe, or local government’’ and inserting ‘‘State, regional district, Indian tribe, or local 

government’’; and 

(ii) in subparagraph (D) by striking ‘‘180 days after the date of enactment of this subsection’’ and inserting ‘‘180 days after the date of enactment of the Water Resources Development Act of 2016’’; and 

(D) in paragraph (4)(A)(i) by striking ‘‘State or tribal’’ and inserting 

‘‘State, regional, or tribal’’. 

(d) REPORTS.—Section 9006 of the Water Resources Development Act of 2007 (33 

U.S.C. 3303b) is amended— 

(1) in subsection (a)(1)— 

(A) in the matter preceding subparagraph (A) by striking ‘‘1 year after 

the date of enactment of this subsection’’ and inserting ‘‘1 year after the 

date of enactment of the Water Resources Development Act of 2016’’; and 

(B) in subparagraph (B) by striking ‘‘State and tribal’’ and inserting 

‘‘State, regional, and tribal’’; 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘2 years after the date of enactment of this subsection’’ 

and inserting ‘‘2 years after the date of enactment of the Water Resources Development Act of 2016’’; and 

(ii) by striking ‘‘State, tribal, and local’’ and inserting ‘‘State, regional, tribal, and local’’; 

(B) in paragraph (2) by striking ‘‘State and tribal’’ and inserting ‘‘State, 

regional, and tribal’’; and 

(C) in paragraph (4) by striking ‘‘State and local’’ and inserting ‘‘State, 

regional, tribal, and local’’; and 

(3) in subsection (d)— 

(A) in the matter preceding paragraph (1) by striking ‘‘1 year after the 

date of enactment of this subsection’’ and inserting ‘‘1 year after the date 

of enactment of the Water Resources Development Act of 2016’’; and 

(B) in paragraph (2) by striking ‘‘State or tribal’’ and inserting ‘‘State, regional, or tribal’’. 

SEC. 130. PARTICIPATION OF NON-FEDERAL INTERESTS. 

Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is 

amended by inserting ‘‘and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village 

Corporation’’ after ‘‘Indian tribe’’. 

SEC. 131. INDIAN TRIBES. 

Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) 

is amended— 

(1) in the section heading by inserting ‘‘AND INDIAN TRIBES’’ after ‘‘TERRITORIES’’; and 

(2) in subsection (a)— 

(A) by striking ‘‘projects in American’’ and inserting ‘‘projects— 

‘‘(1) in American’’; 

(B) by striking the period at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(2) for a federally recognized Indian tribe.’’. 

SEC. 132. DISSEMINATION OF INFORMATION ON THE ANNUAL REPORT PROCESS. 

(a) FINDINGS.—Congress finds the following: 

(1) Congress plays a central role in identifying, prioritizing, and authorizing 

vital water resources infrastructure activities throughout the United States. 

(2) The Water Resources Reform and Development Act of 2014 (Public Law 

113–121) established a new and transparent process to review and prioritize the 

water resources development activities of the Corps of Engineers with strong 

congressional oversight. 

(3) Section 7001 of the Water Resources Reform and Development Act of 2014 

(33 U.S.C. 2282d) requires the Secretary to develop and submit to Congress 

each year a Report to Congress on Future Water Resources Development and, 

as part of the annual report process, to— 

(A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and 


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(B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria 

for inclusion established under section 7001. 

(4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization 

needs and priorities for purposes of water resources development legislation. 

(5) To ensure that Congress can gain a thorough understanding of the water 

resources development needs and priorities of the United States, it is important 

that the Secretary take sufficient steps to ensure that non-Federal interests are 

made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress. 

(b) DISSEMINATION OF PROCESS INFORMATION.—The Secretary shall develop, support, and implement education and awareness efforts for non-Federal interests with 

respect to the annual Report to Congress on Future Water Resources Development 

required under section 7001 of the Water Resources Reform and Development Act 

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

(1) develop and disseminate technical assistance materials, seminars, and 

guidance on the annual process as it relates to non-Federal interests; 

(2) provide written notice to previous and potential non-Federal interests and 

local elected officials on the annual process and on opportunities to address 

local water resources challenges through the missions and authorities of the 

Corps of Engineers; 

(3) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of section 7001; and 

(4) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents. 

SEC. 133. SCOPE OF PROJECTS. 

Section 7001(f) of the Water Resources Reform and Development Act of 2014 (33 

U.S.C. 2282d(f)) is amended by adding at the end the following: 

‘‘(5) WATER RESOURCES DEVELOPMENT PROJECT.—The term ‘water resources 

development project’ includes a project under an environmental infrastructure 

assistance program.’’. 

SEC. 134. PRELIMINARY FEASIBILITY STUDY ACTIVITIES. 

At the request of a non-Federal interest with respect to a proposed water resources development project, the Secretary shall meet with the non-Federal interest, 

prior to initiating a feasibility study relating to the proposed project, to review a 

preliminary analysis of the Federal interest in the proposed project and the costs, 

benefits, and environmental impacts of the proposed project, including an estimate 

of the costs of preparing a feasibility report. 

SEC. 135. POST-AUTHORIZATION CHANGE REPORTS. 

(a) IN GENERAL.—The completion of a post-authorization change report prepared 

by the Corps of Engineers for a water resources development project— 

(1) may not be delayed as a result of consideration being given to changes in 

policy or priority with respect to project consideration; and 

(2) shall be submitted, upon completion, to— 

(A) the Committee on Environment and Public Works of the Senate; and 

(B) the Committee on Transportation and Infrastructure of the House of 

Representatives. 

(b) COMPLETION REVIEW.—With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after 

the date of completion of such report— 

(1) review the report; and 

(2) provide to Congress any recommendations of the Secretary regarding 

modification of the applicable water resources development project. 

(c) PRIOR REPORTS.—Not later than 120 days after the date of enactment of this 

Act, with respect to any post-authorization change report that was completed prior 

to the date of enactment of this Act and is subject to a review by the Secretary that 

has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report. 

(d) POST-AUTHORIZATION CHANGE REPORT INCLUSIONS.—In this section, the term 

‘‘post-authorization change report’’ includes— 

(1) a general reevaluation report; 

(2) a limited reevaluation report; and 


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(3) any other report that recommends the modification of an authorized water 

resources development project. 

SEC. 136. MAINTENANCE DREDGING DATA. 

(a) IN GENERAL.—The Secretary shall establish, maintain, and make publicly 

available a database on maintenance dredging carried out by the Secretary, which 

shall include information on maintenance dredging carried out by Federal and nonFederal vessels. 

(b) SCOPE.—The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, data on— 

(1) the volume of dredged material removed; 

(2) the initial cost estimate of the Corps of Engineers; 

(3) the total cost; 

(4) the party and vessel carrying out the work; and 

(5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award. 

SEC. 137. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS. 

(a) IN GENERAL.—Section 2040 of the Water Resources Development Act of 2007 

(33 U.S.C. 2345) is amended to read as follows: 

‘‘SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS. 

‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 

‘‘(1) IN GENERAL.—The Secretary shall research, develop, and implement an 

electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary. 

‘‘(2) INCLUSION.—The electronic system required under paragraph (1) shall 

address— 

‘‘(A) applications for standard individual permits; 

‘‘(B) applications for letters of permission; 

‘‘(C) joint applications with States for State and Federal permits; 

‘‘(D) applications for emergency permits; 

‘‘(E) applications or requests for jurisdictional determinations; and 

‘‘(F) preconstruction notification submissions, when required for a nationwide or other general permit. 

‘‘(3) IMPROVING EXISTING DATA SYSTEMS.—The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems 

and databases of the Corps of Engineers to the maximum extent practicable. 

‘‘(4) PROTECTION OF INFORMATION.—The electronic system required under 

paragraph (1) shall provide for the protection of personal, private, privileged, 

confidential, and proprietary information, and information the disclosure of 

which is otherwise prohibited by law. 

‘‘(b) SYSTEM REQUIREMENTS.—The electronic system required under subsection (a) 

shall— 

‘‘(1) enable an applicant or requester to prepare electronically an application 

for a permit or request; 

‘‘(2) enable an applicant or requester to submit to the Secretary, by email or 

other means through the Internet, the completed application form or request; 

‘‘(3) enable an applicant or requester to submit to the Secretary, by email or 

other means through the Internet, data and other information in support of the 

permit application or request; 

‘‘(4) provide an online interactive guide to provide assistance to an applicant 

or requester at any time while filling out the permit application or request; and 

‘‘(5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will— 

‘‘(A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request; 

‘‘(B) allow the applicant or requester to research previously submitted 

permit applications and requests within a given geographic area and the results of such applications or requests; and 

‘‘(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface. 

‘‘(c) DOCUMENTATION.—All permit decisions and jurisdictional determinations 

made by the Secretary shall be in writing and include documentation supporting the 

basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary. 

‘‘(d) RECORD OF DETERMINATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall maintain, for a minimum of 5 years, 

a record of all permit decisions and jurisdictional determinations made by the 


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Secretary, including documentation supporting the basis of the decisions and 

determinations. 

‘‘(2) ARCHIVING OF INFORMATION.—The Secretary shall explore and implement 

an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the 

decisions and determinations, after the 5-year maintenance period described in 

paragraph (1). 

‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the 

public for review and reproduction. 

‘‘(2) PROTECTION OF INFORMATION.—The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may 

be excluded from disclosure. 

‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMENTATION.— 

‘‘(1) IN GENERAL.—The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not 

later than 2 years after the date of enactment of the Water Resources Development Act of 2016. 

‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLEMENTATION.—Not later than 180 

days after the expiration of the deadline under paragraph (1), the Secretary 

shall submit to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment and Public Works 

of the Senate a report describing the measures implemented and barriers faced 

in carrying out this section. 

‘‘(g) APPLICABILITY.—The requirements described in subsections (c), (d), and (e) 

shall apply to permit applications and requests for jurisdictional determinations 

submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016. 

‘‘(h) LIMITATION.—This section shall not preclude the submission to the Secretary, 

acting through the Chief of Engineers, of a physical copy of a permit application or 

a request for a jurisdictional determination.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 

2040 and inserting the following: 

‘‘Sec. 2040. Electronic submission and tracking of permit applications.’’. 

SEC. 138. DATA TRANSPARENCY. 

Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) 

is amended to read as follows: 

‘‘SEC. 2017. ACCESS TO WATER RESOURCE DATA. 

‘‘(a) IN GENERAL.—Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers 

on— 

‘‘(1) the planning, design, construction, operation, and maintenance of water 

resources development projects; and 

‘‘(2) water quality and water management of projects owned, operated, or 

managed by the Corps of Engineers. 

‘‘(b) LIMITATION.—Nothing in this section may be construed to compel or authorize 

the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national 

security information, infrastructure security information, personal information, or 

information the disclosure of which is otherwise prohibited by law. 

‘‘(c) TIMING.—The Secretary shall ensure that data is made publicly available 

under subsection (a) as quickly as practicable after the data is generated by the 

Corps of Engineers. 

‘‘(d) PARTNERSHIPS.—In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local 

governments and other Federal agencies.’’. 

SEC. 139. BACKLOG PREVENTION. 

(a) PROJECT DEAUTHORIZATION.— 

(1) IN GENERAL.—A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless funds have been obligated for construction of such 

project during that period. 


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(2) IDENTIFICATION OF PROJECTS.—Not later than 60 days after the expiration 

of the 7-year period referred to in paragraph (1), the Secretary shall submit to 

the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 

report that identifies the projects deauthorized under paragraph (1). 

(b) REPORT TO CONGRESS.—Not later than 60 days after the expiration of the 12- 

year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the 

Committee on Transportation and Infrastructure of the House of Representatives, 

and make available to the public, a report that contains— 

(1) a list of any water resources development projects authorized by this Act 

for which construction has not been completed during that period; 

(2) a description of the reasons the projects were not completed; 

(3) a schedule for the completion of the projects based on expected levels of 

appropriations; and 

(4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the 

backlog. 

SEC. 140. QUALITY CONTROL. 

(a) IN GENERAL.—Paragraph (a) of the first section of the Act of December 22, 

1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and 

shall be made publicly available’’ before the period at the end. 

(b) PROJECT ADMINISTRATION.—Section 2041(b)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by inserting ‘‘final post-authorization change report,’’ after ‘‘final reevaluation report,’’. 

SEC. 141. BUDGET DEVELOPMENT AND PRIORITIZATION. 

(a) IN GENERAL.—In conjunction with the President’s budget submission to Congress with respect to fiscal year 2018 under section 1105(a) of title 31, United States 

Code, and biennially thereafter in conjunction with the President’s budget submission, the Secretary shall submit to the Committee on Environment and Public 

Works and the Committee on Appropriations of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Appropriations of the 

House of Representatives a report that describes— 

(1) the metrics used in developing the civil works budget for the applicable 

fiscal year; 

(2) the metrics used in developing each business line in the civil works budget; and 

(3) how projects are prioritized in the applicable budget submission, including 

how the Secretary determines those projects for which construction initiation is 

recommended. 

(b) NOTIFICATION.— (1) REQUIREMENT.—If the Secretary proposes a covered revised budget estimate, the Secretary shall notify, in writing, each Member of Congress representing a congressional district affected by the study, project, or activity subject to the revised estimate. 

(2) COVERED REVISED BUDGET ESTIMATE DEFINED.—In this subsection, the 

term ‘‘covered revised budget estimate’’ means a budget estimate for a water resources development study, project, or activity that differs from the estimate 

most recently specified for that study, project, or activity in a budget of the 

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

SEC. 142. USE OF NATURAL AND NATURE-BASED FEATURES. 

(a) REPORT.—Not later than February 1, 2017, and biennially thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment and Public Works of 

the Senate a report on the use of natural and nature-based features in water resources development projects, including flood risk reduction, coastal resiliency, and 

ecosystem restoration projects. 

(b) CONTENTS.—The report shall include, at a minimum, the following: 

(1) An assessment of the observed and potential impacts of the use of natural 

and nature-based features on the cost and effectiveness of water resources development projects and any co-benefits resulting from the use of such features. 

(2) A description of any statutory, fiscal, or regulatory barrier to the appropriate consideration and use of natural and nature-based features in carrying 

out water resources development projects. 

SEC. 143. ANNUAL REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES. 

Section 213(a) of the Water Resources Development Act of 1992 (Public Law 102– 

580; 106 Stat. 4831) is amended by adding at the end the following: 


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‘‘(4) ANNUAL REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.— ‘‘(A) IN GENERAL.—Not later than 90 days after the last day of each fiscal 

year, the Secretary shall submit to Congress a report on the amount of acquisitions in such fiscal year made by the Corps of Engineers for civil works 

projects from entities that manufactured the articles, materials, or supplies 

outside of the United States. 

‘‘(B) CONTENTS.—The report required under subparagraph (A) shall indicate, for each acquisition— 

‘‘(i) the dollar value of any articles, materials, or supplies purchased 

that were manufactured outside of the United States; and 

‘‘(ii) a summary of the total procurement funds spent on goods manufactured in the United States and the total procurement funds spent 

on goods manufactured outside of the United States. 

‘‘(C) PUBLIC AVAILABILITY.—Not later than 30 days after the submission 

of a report under subparagraph (A), the Secretary shall make such report 

publicly available on the agency’s Web site.’’. 

SEC. 144. INTEGRATED WATER RESOURCES PLANNING. 

In carrying out a feasibility study for a water resources development project, the 

Secretary shall coordinate with communities in the watershed covered by such study 

to determine if a local or regional water management plan exists or is under development for the purposes of stormwater management, water quality improvement, 

aquifer recharge, or water reuse. If such a local or regional water management plan 

exists for the watershed, the Secretary shall, in cooperation with the non-Federal 

sponsor for the plan and affected local public entities, avoid adversely affecting the 

purposes of the plan and, where feasible, incorporate the purposes of the plan into 

the Secretary’s feasibility study. 

SEC. 145. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS. 

To the maximum extent practicable, the Secretary shall prioritize and complete 

the activities required of the Secretary under section 1013 of the Water Resources 

Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1218). 

SEC. 146. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS. 

Section 2106 of the Water Resources Reform and Development Act of 2014 (33 

U.S.C. 2238c) is amended— 

(1) in subsection (a)(4)(A) by striking ‘‘Code of Federal Regulation’’ and inserting ‘‘Code of Federal Regulations’’; and 

(2) in subsection (f)— 

(A) in paragraph (1) by striking ‘‘2018’’ and inserting ‘‘2020’’; and 

(B) in paragraph (3)— 

(i) by striking ‘‘2015 through 2018’’ and inserting ‘‘2016 through 

2020’’; and 

(ii) by striking ‘‘2019 through 2022’’ and inserting ‘‘2021 through 

2025’’. 

SEC. 147. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS. 

Section 2105 of the Water Resources Reform and Development Act of 2014 (33 

U.S.C. 2243) is amended— 

(1) by striking ‘‘(25 U.S.C. 450b))’’ each place it appears and inserting ‘‘(25 

U.S.C. 450b)) and Native villages, Regional Corporations, and Village Corporations (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) CONSIDERATION OF NATIONAL SECURITY INTERESTS.—In carrying out a study 

of the feasibility of an Arctic deep draft port, the Secretary shall consult with the 

Secretary of Homeland Security and the Secretary of Defense to identify national 

security benefits associated with the Arctic deep draft port.’’. 

SEC. 148. INTERNATIONAL OUTREACH PROGRAM. 

Section 401(a) of the Water Resources Development Act of 1992 (33 U.S.C. 

2329(a)) is amended to read as follows: 

‘‘(a) AUTHORIZATION.— 

‘‘(1) IN GENERAL.—The Secretary may engage in activities to inform the 

United States of technological innovations abroad that could significantly improve water resources development in the United States. 

‘‘(2) INCLUSIONS.—Activities under paragraph (1) may include— 

‘‘(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve 

water resources development in the United States; 


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‘‘(B) research, development, training, and other forms of technology transfer and exchange; and 

‘‘(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for 

assistance will be recovered under the terms of each project.’’. 

SEC. 149. COMPREHENSIVE STUDY. 

(a) IN GENERAL.—The Secretary shall conduct a comprehensive study on the flood 

risks for vulnerable coastal populations in areas within the boundaries of the South 

Atlantic Division of the Corps of Engineers. 

(b) INCLUSIONS.—In carrying out the study, the Secretary shall identify— 

(1) activities that warrant additional analysis by the Corps of Engineers; and 

(2) institutional and other barriers to providing protection to the vulnerable 

coastal populations. 

(c) COORDINATION.—The Secretary shall conduct the study in coordination with 

appropriate Federal agencies and State, local, and tribal entities to ensure consistency with related plans. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

$6,000,000 to carry out this section. 

SEC. 150. ALTERNATIVE MODELS FOR MANAGING INLAND WATERWAYS TRUST FUND. 

(a) STUDY.—The Comptroller General of the United States shall conduct a study 

to analyze alternative models for managing the Inland Waterways Trust Fund, including the management of— 

(1) project schedules for projects receiving assistance from the fund; and 

(2) expenditures from the fund. 

(b) CONTENTS.—In conducting the study, the Comptroller General shall examine, 

at a minimum, the costs and benefits of transferring management of the fund to 

a not-for-profit corporation or government-owned corporation. 

(c) CONSIDERATIONS.—In assessing costs and benefits under subsection (b), the 

Comptroller General shall consider, among other factors— 

(1) the benefits to the taxpayer; 

(2) the impact on project delivery; and 

(3) the impact on jobs. 

(d) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Comptroller General shall submit to Congress a report on the results of the study. 

SEC. 151. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING. 

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a channel if the 

alternative project would lower the overall costs of maintaining the channel. 

SEC. 152. FISH HATCHERIES. 

(a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may 

operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) or a similar State law. 

(b) COSTS.—A non-Federal entity, a Federal agency other than the Department of 

Defense, or a group of non-Federal entities or such Federal agencies shall be responsible for 100 percent of the costs associated with managing a fish hatchery for the 

purpose described in subsection (a) that are not authorized as of the date of enactment of this Act for the fish hatchery. 

SEC. 153. ENVIRONMENTAL BANKS. 

(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this 

Act, the Chairperson of the Gulf Coast Ecosystem Restoration Council, with the concurrence of two-thirds of the Council, shall issue such regulations as are necessary 

for the establishment of procedures and processes for the use, maintenance, and 

oversight of environmental banks for purposes of mitigating adverse environmental 

impacts sustained by construction or other activities as required by law or regulation. 

(b) REQUIREMENTS.—The regulations issued pursuant to subsection (a) shall— 

(1) set forth procedures for certification of environmental banks, including criteria for adoption of an environmental banking instrument; 

(2) provide a mechanism for the transfer of environmental credits; 

(3) provide for priority certification to environmental banks that enhance the 

resilience of coastal resources to inundation and coastal erosion, including the 

restoration of resources within the scope of a project authorized for construction; 


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(4) ensure certification is given only to banks with secured adequate financial 

assurance and appropriate legally enforceable protection for restored lands or 

resources; 

(5) stipulate conditions under which cross-crediting of environmental services 

may occur and provide standards for the conversion of such crediting; 

(6) establish performance criteria for environmental banks; 

(7) establish criteria for the operation and monitoring of environmental 

banks; and 

(8) establish a framework whereby the purchase of credit from an environmental bank may be used to offset or satisfy past, current, or future adverse 

environmental impacts or liability under law to wetlands, water, wildlife, or 

other natural resources. 

(c) CONSIDERATION.—In developing the regulations required under subsection (a), 

the Chairperson shall take into consideration habitat equivalency analysis. 

(d) MODIFICATIONS.—The Chairperson may modify or update the regulations 

issued pursuant to this section, subject to appropriate consultation and public participation, provided that two-thirds of the Gulf Coast Ecosystem Restoration Council 

approves the modification or update. 

(e) DEFINITION OF ENVIRONMENTAL BANK.—In this section, the term ‘‘environmental bank’’ means a project, project increment, or projects for purposes of restoring, creating, enhancing, or preserving natural resources in a designated site to provide for credits to offset adverse environmental impacts. 

(f) SAVINGS CLAUSE.—Nothing in this section— 

(1) affects the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or 

(2) affects the obligations or requirements of any Federal environmental law. 

TITLE II—STUDIES 

SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES. 

The Secretary is authorized to conduct a feasibility study for the following projects 

for water resources development and conservation and other purposes, as identified 

in the reports titled ‘‘Report to Congress on Future Water Resources Development’’ 

submitted to Congress on January 29, 2015, and January 29, 2016, respectively, 

pursuant to section 7001 of the Water Resources Reform and Development Act of 

2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress: 

(1) OUACHITA-BLACK RIVERS, ARKANSAS AND LOUISIANA.—Project for navigation, Ouachita-Black Rivers, Arkansas and Louisiana. 

(2) CACHE CREEK SETTLING BASIN, CALIFORNIA.—Project for flood damage reduction and ecosystem restoration, Cache Creek Settling Basin, California. 

(3) COYOTE VALLEY DAM, CALIFORNIA.—Project for flood damage reduction, environmental restoration, and water supply, Coyote Valley Dam, California. 

(4) DEL ROSA CHANNEL, CITY OF SAN BERNARDINO, CALIFORNIA.—Project for 

flood damage reduction and ecosystem restoration, Del Rosa Channel, city of 

San Bernardino, California. 

(5) MERCED COUNTY STREAMS, CALIFORNIA.—Project for flood damage reduction, Merced County Streams, California. 

(6) MISSION-ZANJA CHANNEL, CITIES OF SAN BERNARDINO AND REDLANDS, CALI- FORNIA.—Project for flood damage reduction and ecosystem restoration, MissionZanja Channel, cities of San Bernardino and Redlands, California. 

(7) SOBOBA INDIAN RESERVATION, CALIFORNIA.—Project for flood damage reduction, Soboba Indian Reservation, California. 

(8) INDIAN RIVER INLET, DELAWARE.—Project for hurricane and storm damage 

reduction, Indian River Inlet, Delaware. 

(9) LEWES BEACH, DELAWARE.—Project for hurricane and storm damage reduction, Lewes Beach, Delaware. 

(10) MISPILLION COMPLEX, KENT AND SUSSEX COUNTIES, DELAWARE.—Project 

for hurricane and storm damage reduction, Mispillion Complex, Kent and Sussex Counties, Delaware. 

(11) DAYTONA BEACH, FLORIDA.—Project for flood damage reduction, Daytona 

Beach, Florida. 

(12) BRUNSWICK HARBOR, GEORGIA.—Project for navigation, Brunswick Harbor, Georgia. 

(13) DUBUQUE, IOWA.—Project for flood damage reduction, Dubuque, Iowa. 

(14) ST. TAMMANY PARISH, LOUISIANA.—Project for flood damage reduction and 

ecosystem restoration, St. Tammany Parish, Louisiana. 

(15) CATTARAUGUS CREEK, NEW YORK.—Project for flood damage reduction, 

Cattaraugus Creek, New York. 


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(16) CAYUGA INLET, ITHACA, NEW YORK.—Project for navigation and flood damage reduction, Cayuga Inlet, Ithaca, New York. 

(17) DELAWARE RIVER BASIN, NEW YORK, NEW JERSEY, PENNSYLVANIA, AND

DELAWARE.—Projects for flood control, Delaware River Basin, New York, New 

Jersey, Pennsylvania, and Delaware, authorized by section 408 of the Act of 

July 24, 1946 (60 Stat. 644, chapter 596), and section 203 of the Flood Control 

Act of 1962 (76 Stat. 1182), to review operations of the projects to enhance opportunities for ecosystem restoration and water supply. 

(18) SILVER CREEK, HANOVER, NEW YORK.—Project for flood damage reduction 

and ecosystem restoration, Silver Creek, Hanover, New York. 

(19) TULSA AND WEST TULSA LEVEES, TULSA, OKLAHOMA.—Project for flood 

damage reduction, Tulsa and West Tulsa Levees, Tulsa, Oklahoma. 

(20) STONYCREEK AND LITTLE CONEMAUGH RIVERS, PENNSYLVANIA.—Project for 

flood damage reduction and recreation, Stonycreek and Little Conemaugh Rivers, Pennsylvania. 

(21) TIOGA-HAMMOND LAKE, PENNSYLVANIA.—Project for ecosystem restoration, 

Tioga-Hammond Lake, Pennsylvania. 

(22) BRAZOS RIVER, FORT BEND COUNTY, TEXAS.—Project for flood damage reduction in the vicinity of the Brazos River, Fort Bend County, Texas. 

(23) CHACON CREEK, CITY OF LAREDO, TEXAS.—Project for flood damage reduction, ecosystem restoration, and recreation, Chacon Creek, city of Laredo, Texas. 

(24) CORPUS CHRISTI SHIP CHANNEL, TEXAS.—Project for navigation, Corpus 

Christi Ship Channel, Texas. 

(25) CITY OF EL PASO, TEXAS.—Project for flood damage reduction, city of El 

Paso, Texas. 

(26) GULF INTRACOASTAL WATERWAY, BRAZORIA AND MATAGORDA COUNTIES, 

TEXAS.—Project for navigation and hurricane and storm damage reduction, Gulf 

Intracoastal Waterway, Brazoria and Matagorda Counties, Texas. 

(27) PORT OF BAY CITY, TEXAS.—Project for navigation, Port of Bay City, 

Texas. 

(28) CHINCOTEAGUE ISLAND, VIRGINIA.—Project for hurricane and storm damage reduction, navigation, and ecosystem restoration, Chincoteague Island, Virginia. 

(29) BURLEY CREEK WATERSHED, KITSAP COUNTY, WASHINGTON.—Project for 

flood damage reduction and ecosystem restoration, Burley Creek Watershed, 

Kitsap County, Washington. 

SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS. 

(a) FEASIBILITY REPORTS.—The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that 

the project is justified in a completed report, may proceed directly to preconstruction 

planning, engineering, and design of the project: 

(1) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona. 

(2) Project for flood risk management, Lower San Joaquin River, California. 

In carrying out the feasibility study for the project, the Secretary shall include 

Reclamation District 17 as part of the study. 

(3) Project for flood risk management and ecosystem restoration, Sacramento 

River Flood Control System, California. 

(4) Project for hurricane and storm damage risk reduction, Ft. Pierce, Florida. 

(5) Project for flood risk management, Des Moines and Raccoon Rivers, Iowa. 

(6) Project for navigation, Mississippi River Ship Channel, Louisiana. 

(7) Project for flood risk management, North Branch Ecorse Creek, Wayne 

County, Michigan. 

(8) Project for flood risk management, Rahway River Basin (Upper Basin), 

New Jersey. 

(9) Project for navigation, Upper Ohio River, Pennsylvania. 

(b) POST-AUTHORIZATION CHANGE REPORTS.—The Secretary shall expedite completion of a post-authorization change report for each of the following projects: 

(1) Project for flood risk management, Swope Park Industrial Area, Kansas 

City, Missouri. 

(2) Project for hurricane and storm damage risk reduction, New Hanover 

County, North Carolina. 


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TITLE III—DEAUTHORIZATIONS AND RELATED 

PROVISIONS 

SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

(1) to identify $5,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— 

(A) a lack of local support; 

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

(C) an authorizing purpose that is no longer relevant or feasible; 

(2) to create an expedited and definitive process for Congress to deauthorize 

water resources development projects that are no longer viable for construction; 

and 

(3) to allow the continued authorization of water resources development 

projects that are viable for construction. 

(b) INTERIM DEAUTHORIZATION LIST.— 

(1) IN GENERAL.—The Secretary shall develop an interim deauthorization list 

that identifies— 

(A) each water resources development project, or separable element of a 

project, authorized for construction before November 8, 2007, for which— 

(i) planning, design, or construction was not initiated before the date 

of enactment of this Act; or 

(ii) planning, design, or construction was initiated before the date of 

enactment of this Act, but for which no funds, Federal or non-Federal, 

were obligated for planning, design, or construction of the project or 

separable element of the project during the current fiscal year or any 

of the 6 preceding fiscal years; and 

(B) each project or separable element identified and included on a list to 

Congress for deauthorization pursuant to section 1001(b)(2) of the Water 

Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)). 

(2) PUBLIC COMMENT AND CONSULTATION.— 

(A) IN GENERAL.—The Secretary shall solicit comments from the public 

and the Governors of each applicable State on the interim deauthorization 

list developed under paragraph (1). 

(B) COMMENT PERIOD.—The public comment period shall be 90 days. 

(3) SUBMISSION TO CONGRESS; PUBLICATION.—Not later than 90 days after the 

date of the close of the comment period under paragraph (2), the Secretary 

shall— 

(A) submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(B) publish the revised interim deauthorization list in the Federal Register. 

(c) FINAL DEAUTHORIZATION LIST.— 

(1) IN GENERAL.—The Secretary shall develop a final deauthorization list of 

water resources development projects, or separable elements of projects, from 

the revised interim deauthorization list described in subsection (b)(3). 

(2) DEAUTHORIZATION AMOUNT.— 

(A) PROPOSED FINAL LIST.—The Secretary shall prepare a proposed final 

deauthorization list of projects and separable elements of projects that 

have, in the aggregate, an estimated Federal cost to complete that is at 

least $5,000,000,000. 

(B) DETERMINATION OF FEDERAL COST TO COMPLETE.—For purposes of 

subparagraph (A), the Federal cost to complete shall take into account any 

allowances authorized by section 902 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2280), as applied to the most recent project schedule 

and cost estimate. 

(3) IDENTIFICATION OF PROJECTS.— 

(A) SEQUENCING OF PROJECTS.— 

(i) IN GENERAL.—The Secretary shall identify projects and separable 

elements of projects for inclusion on the proposed final deauthorization 

list according to the order in which the projects and separable elements 

of the projects were authorized, beginning with the earliest authorized 

projects and separable elements of projects and ending with the latest 

project or separable element of a project necessary to meet the aggregate amount under paragraph (2). 


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(ii) FACTORS TO CONSIDER.—The Secretary may identify projects and 

separable elements of projects in an order other than that established 

by clause (i) if the Secretary determines, on a case-by-case basis, that 

a project or separable element of a project is critical for interests of the 

United States, based on the possible impact of the project or separable 

element of the project on public health and safety, the national economy, or the environment. 

(iii) CONSIDERATION OF PUBLIC COMMENTS.—In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(3). 

(B) APPENDIX.—The Secretary shall include as part of the proposed final 

deauthorization list an appendix that— 

(i) identifies each project or separable element of a project on the interim deauthorization list developed under subsection (b) that is not included on the proposed final deauthorization list; and 

(ii) describes the reasons why the project or separable element is not 

included on the proposed final list. 

(4) PUBLIC COMMENT AND CONSULTATION.— 

(A) IN GENERAL.—The Secretary shall solicit comments from the public 

and the Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs (2) and (3). 

(B) COMMENT PERIOD.—The public comment period shall be 90 days. 

(5) SUBMISSION OF FINAL LIST TO CONGRESS; PUBLICATION.—Not later than 120 

days after the date of the close of the comment period under paragraph (4), the 

Secretary shall— 

(A) submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(B) publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register. 

(d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

(1) IN GENERAL.—After the expiration of the 180-day period beginning on the 

date of submission of the final deauthorization list and appendix under subsection (c), a project or separable element of a project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period. 

(2) NON-FEDERAL CONTRIBUTIONS.— 

(A) IN GENERAL.—A project or separable element of a project identified in 

the final deauthorization list under subsection (c) shall not be deauthorized 

under this subsection if, before the expiration of the 180-day period referred 

to in paragraph (1), the non-Federal interest for the project or separable 

element of the project provides sufficient funds to complete the project or 

separable element of the project. 

(B) TREATMENT OF PROJECTS.—Notwithstanding subparagraph (A), each 

project and separable element of a project identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate 

deauthorization amount specified in subsection (c)(2). 

(3) PROJECTS IDENTIFIED IN APPENDIX.—A project or separable element of a 

project identified in the appendix to the final deauthorization list shall remain 

subject to future deauthorization by Congress. 

(e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS FOR POST-AUTHORIZATION

STUDY.—A project or separable element of a project may not be identified on the 

interim deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received 

funding for a post-authorization study during the current fiscal year or any of the 

6 preceding fiscal years. 

(f) GENERAL PROVISIONS.— 

(1) DEFINITIONS.—In this section, the following definitions apply: 

(A) POST-AUTHORIZATION STUDY.—The term ‘‘post-authorization study’’ 

means— 

(i) a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282); 

(ii) a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or 

(iii) a review conducted under section 216 of the Flood Control Act 

of 1970 (33 U.S.C. 549a), including an initial appraisal that— 

(I) demonstrates a Federal interest; and 


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(II) requires additional analysis for the project or separable element. 

(B) WATER RESOURCES DEVELOPMENT PROJECT.—The term ‘‘water resources development project’’ includes an environmental infrastructure assistance project or program of the Corps of Engineers. 

(2) TREATMENT OF PROJECT MODIFICATIONS.—For purposes of this section, if 

an authorized water resources development project or separable element of the 

project has been modified by an Act of Congress, the date of the authorization 

of the project or separable element shall be deemed to be the date of the most 

recent such modification. 

SEC. 302. VALDEZ, ALASKA. 

(a) IN GENERAL.—Subject to subsection (b), the portion of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject 

to navigational servitude beginning on the date of enactment of this Act. 

(b) ENTRY BY FEDERAL GOVERNMENT.—The Federal Government may enter upon 

the property referred to in subsection (a) to carry out any required operation and 

maintenance of the general navigation features of the project referred to in subsection (a). 

SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES COUNTY, CALIFORNIA. 

(a) IN GENERAL.—The Secretary shall— 

(1) prioritize the updating of the Water Control Manuals for control structures in the Los Angeles County Drainage Area, Los Angeles County, California, authorized by section 101(b) of the Water Resources Development Act of 

1990 (Public Law 101–640; 104 Stat. 4611); and 

(2) integrate and incorporate into the project seasonal operations for water 

conservation and water supply. 

(b) PARTICIPATION.—The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of 

the public. 

SEC. 304. SUTTER BASIN, CALIFORNIA. 

(a) IN GENERAL.—The separable element constituting the locally preferred plan 

increment reflected in the report of the Chief of Engineers dated March 12, 2014, 

and authorized for construction in item 8 of the table contained in section 7002(2) 

of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 

128 Stat. 1366) is no longer authorized beginning on the date of enactment of this 

Act. 

(b) SAVINGS PROVISIONS.—The deauthorization under subsection (a) does not affect— 

(1) the national economic development plan separable element reflected in the 

report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 

1366); or 

(2) previous authorizations providing for the Sacramento River and major and 

minor tributaries project, including— 

(A) section 2 of the Act of March 1, 1917 (39 Stat. 949, chapter 144); 

(B) section 12 of the Act of December 22, 1944 (58 Stat. 900, chapter 665); 

(C) section 204 of the Flood Control Act of 1950 (64 Stat. 177, chapter 

188); and 

(D) any other Acts relating to the authorization for the Sacramento River 

and major and minor tributaries project along the Feather River right bank 

between levee stationing 1483+33 and levee stationing 2368+00. 

SEC. 305. ESSEX RIVER, MASSACHUSETTS. 

(a) DEAUTHORIZATION.—The portions of the project for navigation, Essex River, 

Massachusetts, authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), 

and modified by the Act of March 3, 1899 (30 Stat. 1121, chapter 425), and the Act 

of March 2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the areas described in subsection (b) are no longer authorized beginning on the date of enactment of this Act. 

(b) DESCRIPTION OF PROJECT AREAS.—The areas described in this subsection are 

as follows: Beginning at a point N3056139.82 E851780.21, thence southwesterly 

about 156.88 feet to a point N3055997.75 E851713.67; thence southwesterly about 

64.59 feet to a point N3055959.37 E851661.72; thence southwesterly about 145.14 

feet to a point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to 

a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to a point 

N3055976.70 E850927.78; thence northwesterly about 58.77 feet to a point 

N3056002.99 E850875.21; thence northwesterly about 240.57 feet to a point 


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25 

N3056232.82 E850804.14; thence northwesterly about 203.60 feet to a point 

N3056435.41 E850783.93; thence northwesterly about 78.63 feet to a point 

N3056499.63 E850738.56; thence northwesterly about 60.00 feet to a point 

N3056526.30 E850684.81; thence southwesterly about 85.56 feet to a point 

N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a point 

N3056512.37 E850564.81; thence southwesterly about 80.10 feet to a point 

N3056467.08 E850498.74; thence southwesterly about 169.05 feet to a point 

N3056334.36 E850394.03; thence northwesterly about 48.52 feet to a point 

N3056354.38 E850349.83; thence northeasterly about 83.71 feet to a point 

N3056436.35 E850366.84; thence northeasterly about 212.38 feet to a point 

N3056548.70 E850547.07; thence northeasterly about 47.60 feet to a point 

N3056563.12 E850592.43; thence northeasterly about 101.16 feet to a point 

N3056566.62 E850693.53; thence southeasterly about 80.22 feet to a point 

N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a point 

N3056449.88 E850822.69; thence southeasterly about 210.12 feet to a point 

N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a point 

N3056031.13 E850908.38; thence southeasterly about 38.23 feet to a point 

N3056014.02 E850942.57; thence southeasterly about 410.93 feet to a point 

N3055896.06 E851336.21; thence northeasterly about 188.43 feet to a point 

N3055925.46 E851522.33; thence northeasterly about 135.47 feet to a point 

N3055992.91 E851639.80; thence northeasterly about 52.15 feet to a point 

N3056023.90 E851681.75; thence northeasterly about 91.57 feet to a point 

N3056106.82 E851720.59. 

SEC. 306. PORT OF CASCADE LOCKS, OREGON. 

(a) EXTINGUISHMENT OF PORTIONS OF EXISTING FLOWAGE EASEMENT.—With respect to the properties described in subsection (b), beginning on the date of enactment of this Act, the flowage easements described in subsection (c) are extinguished 

above elevation 82.2 feet (NGVD29), the ordinary high water line. 

(b) AFFECTED PROPERTIES.—The properties described in this subsection, as recorded in Hood River County, Oregon, are as follows: 

(1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade Locks Business Park’’ subdivision, Instrument Number 2014–00436. 

(2) Parcels 1, 2, and 3 of Hood River County Partition, Plat Number 2008– 

25P. 

(c) FLOWAGE EASEMENTS.—The flowage easements described in this subsection are 

identified as Tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, and described as follows: 

(1) A flowage easement dated October 3, 1936, recorded December 1, 1936, 

book 25, page 531 (Records of Hood River County, Oregon), in favor of the 

United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 

10/3/36; previously acquired as Tracts OH–36 and OH–41 and a portion of Tract 

OH–47). 

(2) A flowage easement dated October 5, 1936, recorded October 17, 1936, 

book 25, page 476 (Records of Hood River County, Oregon), in favor of the 

United States, affecting that portion below the 94-foot contour line above main 

sea level (304 E1–Perpetual Flowage Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH–042 and a portion of Tract OH–47). 

(d) FEDERAL LIABILITIES; CULTURAL, ENVIRONMENTAL, AND OTHER REGULATORY

REVIEWS.— 

(1) FEDERAL LIABILITY.—The United States shall not be liable for any injury 

caused by the extinguishment of an easement under this section. 

(2) CULTURAL AND ENVIRONMENTAL REGULATORY ACTIONS.—Nothing in this 

section establishes any cultural or environmental regulation relating to the 

properties described in subsection (b). 

(e) EFFECT ON OTHER RIGHTS.—Nothing in this section affects any remaining 

right or interest of the Corps of Engineers in the properties described in subsection 

(b). 

SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA. 

(a) AREA TO BE DECLARED NONNAVIGABLE.—Subject to subsection (c), unless the 

Secretary finds, after consultation with local and regional public officials (including 

local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and 

pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States: 

(1) Piers 70 South through 38 South, encompassing an area bounded by the 

southern line of Moore Street extended to the northern line of Catherine Street 

extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 

53, 48, 46, 40, and 38. 


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26 

(2) Piers 24 North through 72 North, encompassing an area bounded by the 

southern line of Callowhill Street extended to the northern line of East Fletcher 

Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 

38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter. 

(b) PUBLIC INTEREST DETERMINATION.—The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for 

the proposed project. 

(c) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS.—The declaration 

under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities. All such work is subject 

to all applicable Federal statutes and regulations, including sections 9 and 10 of the 

Act of March 3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401 and 403), section 

404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

SEC. 308. HUNTINGDON COUNTY, PENNSYLVANIA. 

(a) IN GENERAL.—The Secretary shall— 

(1) prioritize the updating of the Master Plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of 

the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182); and 

(2) ensure that alternatives for additional recreation access and development 

at the project are fully assessed, evaluated, and incorporated as a part of the 

update. 

(b) PARTICIPATION.—The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of 

the public. 

SEC. 309. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

Section 38(c) of the Water Resources Development Act of 1988 (33 U.S.C. 59j–1(c)) 

is amended— 

(1) by striking ‘‘(except 30 years from such date of enactment, in the case of 

the area or any part thereof described in subsection (a)(5))’’; and 

(2) by adding at the end the following: ‘‘Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection 

(a)(5), or any part thereof, shall not expire.’’. 

SEC. 310. JOE POOL LAKE, TEXAS. 

The Secretary shall accept from the Trinity River Authority of Texas, if received 

by September 30, 2016, $31,233,401 as payment in full of amounts owed to the 

United States, including any accrued interest, for the approximately 61,747.1 acrefeet of water supply storage space in Joe Pool Lake, Texas (previously known as 

Lakeview Lake), for which payment has not commenced under Article 5.a. (relating 

to project investment costs) of contract number DACW63–76–C–0106, as of the date 

of enactment of this Act. 

SEC. 311. SALT CREEK, GRAHAM, TEXAS. 

(a) IN GENERAL.—The project for flood control, environmental restoration, and 

recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the 

Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 278), is 

no longer authorized as a Federal project beginning on the date of enactment of this 

Act. 

(b) CERTAIN PROJECT-RELATED CLAIMS.—The non-Federal interest for the project 

shall hold and save the United States harmless from any claim that has arisen, or 

that may arise, in connection with the project. 

(c) TRANSFER.—The Secretary is authorized to transfer any land acquired by the 

Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the nonFederal interest. 

(d) REVERSION.—If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to 

the land and improvements thereon shall revert, at the discretion of the Secretary, 

to the United States. 

SEC. 312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

(a) IN GENERAL.—The portion of the Texas City Ship Channel, Texas City, Texas, 

described in subsection (b) shall not be subject to navigational servitude beginning 

on the date of enactment of this Act. 


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27 

(b) DESCRIPTION.—The portion of the Texas City Ship Channel described in this 

subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of 

land situated in the City of Texas City Survey, Abstract Number 681, and State of 

Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 

acre tract being more particularly described as follows: 

(1) Beginning at the intersection of an edge of fill along Galveston Bay with 

the most northerly east survey line of said City of Texas City Survey, Abstract 

No. 681, the same being a called 375.75 acre tract patented by the State of 

Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the 

Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army 

Corps of Engineers Brass Cap stamped ‘‘R 4–3’’ set in the top of the Texas City 

Dike along the east side of Bay Street bears North 56° 14’ 32? West, a distance 

of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass 

Cap stamped ‘‘R 4–2’’ set in the top of the Texas City Dike along the east side 

of Bay Street bears North 49° 13’ 20? West, a distance of 6,693.64 feet. 

(2) Thence, over and across said State Tracts 98A and 99A and along the edge 

of fill along said Galveston Bay, the following eight (8) courses and distances: 

(A) South 75° 49’ 13? East, a distance of 298.08 feet to an angle point 

of the tract herein described. 

(B) South 81° 16’ 26? East, a distance of 170.58 feet to an angle point 

of the tract herein described. 

(C) South 79° 20’ 31? East, a distance of 802.34 feet to an angle point 

of the tract herein described. 

(D) South 75° 57’ 32? East, a distance of 869.68 feet to a point for the 

beginning of a non-tangent curve to the right. 

(E) Easterly along said non-tangent curve to the right having a radius of 

736.80 feet, a central angle of 24° 55’ 59?, a chord of South 68° 47’ 35? East 

– 318.10 feet, and an arc length of 320.63 feet to a point for the beginning 

of a non-tangent curve to the left. 

(F) Easterly along said non-tangent curve to the left having a radius of 

373.30 feet, a central angle of 31° 57’ 42?, a chord of South 66° 10’ 42? East 

– 205.55 feet, and an arc length of 208.24 feet to a point for the beginning 

of a non-tangent curve to the right. 

(G) Easterly along said non-tangent curve to the right having a radius 

of 15,450.89 feet, a central angle of 02° 04’ 10?, a chord of South 81° 56’ 

20? East – 558.04 feet, and an arc length of 558.07 feet to a point for the 

beginning of a compound curve to the right and the northeasterly corner 

of the tract herein described. 

(H) Southerly along said compound curve to the right and the easterly 

line of the tract herein described, having a radius of 1,425.00 feet, a central 

angle of 133° 08’ 00?, a chord of South 14° 20’ 15? East – 2,614.94 feet, and 

an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly 

of and parallel with the centerline of an existing levee for the southeasterly 

corner of the tract herein described. 

(3) Thence, continuing over and across said State Tracts 98A and 99A and 

along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances: 

(A) North 78° 01’ 58? West, a distance of 840.90 feet to an angle point 

of the tract herein described. 

(B) North 76° 58’ 35? West, a distance of 976.66 feet to an angle point 

of the tract herein described. 

(C) North 76° 44’ 33? West, a distance of 1,757.03 feet to a point for the 

beginning of a tangent curve to the left. 

(D) Southwesterly, along said tangent curve to the left having a radius 

of 185.00 feet, a central angle of 82° 27’ 32?, a chord of South 62° 01’ 41? 

West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left. 

(E) Southerly, along said compound curve to the left having a radius of 

4,535.58 feet, a central angle of 11° 06’ 58?, a chord of South 15° 14’ 26? 

West – 878.59 feet, and an arc length of 879.97 feet to an angle point of 

the tract herein described. 

(F) South 64° 37’ 11? West, a distance of 146.03 feet to an angle point 

of the tract herein described. 

(G) South 67° 08’ 21? West, a distance of 194.42 feet to an angle point 

of the tract herein described. 

(H) North 34° 48’ 22? West, a distance of 789.69 feet to an angle point 

of the tract herein described. 

(I) South 42° 47’ 10? West, a distance of 161.01 feet to an angle point of 

the tract herein described. 


SSpencer on DSK4SPTVN1PROD with REPORTS
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(J) South 42° 47’ 10? West, a distance of 144.66 feet to a point for the 

beginning of a tangent curve to the right. 

(K) Westerly, along said tangent curve to the right having a radius of 

310.00 feet, a central angle of 59° 50’ 28?, a chord of South 72° 42’ 24? West 

– 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract 

herein described. 

(L) North 77° 22’ 21? West, a distance of 591.41 feet to the intersection 

of said parallel line with the edge of fill adjacent to the easterly edge of 

the Texas City Turning Basin for the southwesterly corner of the tract 

herein described, from which a found U.S. Army Corps of Engineers Brass 

Cap stamped ‘‘SWAN 2’’ set in the top of a concrete column set flush in the 

ground along the north bank of Swan Lake bears South 20° 51’ 58? West, 

a distance of 4,862.67 feet. 

(4) Thence, over and across said City of Texas City Survey and along the edge 

of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances: 

(A) North 01° 34’ 19? East, a distance of 57.40 feet to an angle point of 

the tract herein described. 

(B) North 05° 02’ 13? West, a distance of 161.85 feet to an angle point 

of the tract herein described. 

(C) North 06° 01’ 56? East, a distance of 297.75 feet to an angle point 

of the tract herein described. 

(D) North 06° 18’ 07? West, a distance of 71.33 feet to an angle point of 

the tract herein described. 

(E) North 07° 21’ 09? West, a distance of 122.45 feet to an angle point 

of the tract herein described. 

(F) North 26° 41’ 15? West, a distance of 46.02 feet to an angle point of 

the tract herein described. 

(G) North 01° 31’ 59? West, a distance of 219.78 feet to an angle point 

of the tract herein described. 

(H) North 15° 54’ 07? West, a distance of 104.89 feet to an angle point 

of the tract herein described. 

(I) North 04° 00’ 34? East, a distance of 72.94 feet to an angle point of 

the tract herein described. 

(J) North 06° 46’ 38? West, a distance of 78.89 feet to an angle point of 

the tract herein described. 

(K) North 12° 07’ 59? West, a distance of 182.79 feet to an angle point 

of the tract herein described. 

(L) North 20° 50’ 47? West, a distance of 105.74 feet to an angle point 

of the tract herein described. 

(M) North 02° 02’ 04? West, a distance of 184.50 feet to an angle point 

of the tract herein described. 

(N) North 08° 07’ 11? East, a distance of 102.23 feet to an angle point 

of the tract herein described. 

(O) North 08° 16’ 00? West, a distance of 213.45 feet to an angle point 

of the tract herein described. 

(P) North 03° 15’ 16? West, a distance of 336.45 feet to a point for the 

beginning of a non-tangent curve to the left. 

(Q) Northerly along said non-tangent curve to the left having a radius of 

896.08 feet, a central angle of 14° 00’ 05?, a chord of North 09° 36’ 03? West 

– 218.43 feet, and an arc length of 218.97 feet to a point for the beginning 

of a non-tangent curve to the right. 

(R) Northerly along said non-tangent curve to the right having a radius 

of 483.33 feet, a central angle of 19° 13’ 34?, a chord of North 13° 52’ 03? 

East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described. 

(5) Thence, continuing over and across said City of Texas City Survey, and 

along the edge of fill along said Galveston Bay, the following fifteen (15) courses 

and distances: 

(A) North 30° 45’ 02? East, a distance of 189.03 feet to an angle point 

of the tract herein described. 

(B) North 34° 20’ 49? East, a distance of 174.16 feet to a point for the 

beginning of a non-tangent curve to the right. 

(C) Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53’ 37?, a chord of North 33° 14’ 

58? East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left. 

(D) Northeasterly along said non-tangent curve to the left having a radius 

of 463.30 feet, a central angle of 23° 23’ 57?, a chord of North 48° 02’ 53? 


SSpencer on DSK4SPTVN1PROD with REPORTS
29 

East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right. 

(E) Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24’ 19?, a chord of North 43° 01’ 

40? East – 219.43 feet, and an arc length of 220.18 feet to an angle point 

of the tract herein described. 

(F) North 38° 56’ 50? East, a distance of 126.41 feet to an angle point 

of the tract herein described. 

(G) North 42° 59’ 50? East, a distance of 128.28 feet to a point for the 

beginning of a non-tangent curve to the right. 

(H) Northerly along said non-tangent curve to the right having a radius 

of 151.96 feet, a central angle of 68° 36’ 31?, a chord of North 57° 59’ 42? 

East – 171.29 feet, and an arc length of 181.96 feet to a point for the most 

northerly corner of the tract herein described. 

(I) South 77° 14’ 49? East, a distance of 131.60 feet to an angle point of 

the tract herein described. 

(J) South 84° 44’ 18? East, a distance of 86.58 feet to an angle point of 

the tract herein described. 

(K) South 58° 14’ 45? East, a distance of 69.62 feet to an angle point of 

the tract herein described. 

(L) South 49° 44’ 51? East, a distance of 149.00 feet to an angle point 

of the tract herein described. 

(M) South 44° 47’ 21? East, a distance of 353.77 feet to a point for the 

beginning of a non-tangent curve to the left. 

(N) Easterly along said non-tangent curve to the left having a radius of 

253.99 feet, a central angle of 98° 53’ 23?, a chord of South 83° 28’ 51? East 

– 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract 

herein described. 

(O) South 75° 49’ 13? East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land. 

TITLE IV—WATER RESOURCES 

INFRASTRUCTURE 

SEC. 401. PROJECT AUTHORIZATIONS. 

The following projects for water resources development and conservation and 

other purposes, as identified in the reports titled ‘‘Report to Congress on Future 

Water Resources Development’’ submitted to Congress on January 29, 2015, and 

January 29, 2016, respectively, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance 

with the plans, and subject to the conditions, described in the respective reports designated in this section: 

(1) NAVIGATION.— 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

1. TX Brazos Island Harbor Nov. 3, 2014 Federal: $116,116,000 

Non-Federal: $88,471,000 

Total: $204,587,000 

2. LA Calcasieu Lock Dec. 2, 2014 Total: $16,700,000 (to be derived 1⁄2

from the general fund of the Treasury and 1⁄2 from the Inland Waterways Trust Fund) 

3. NH, 

ME 

Portsmouth Harbor and 

Piscataqua River 

Feb. 8, 2015 Federal: $15,580,000 

Non-Federal: $5,190,000 

Total: $20,770,000 

4. FL Port Everglades Jun. 25, 2015 Federal: $220,200,000 

Non-Federal: $102,500,000 

Total: $322,700,000 


SSpencer on DSK4SPTVN1PROD with REPORTS
30 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

5. AK Little Diomede Harbor Aug. 10, 2015 Federal: $26,015,000 

Non-Federal: $2,945,000 

Total: $28,960,000 

6. SC Charleston Harbor Sep. 8, 2015 Federal: $224,300,000 

Non-Federal: $269,000,000 

Total: $493,300,000 

7. AK Craig Harbor March 16, 2016 Federal: $29,062,000 

Non-Federal: $3,255,000 

Total: $32,317,000. 

(2) FLOOD RISK MANAGEMENT.— 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

1. TX Leon Creek Watershed Jun. 30, 2014 Federal: $18,314,000 

Non-Federal: $9,861,000 

Total: $28,175,000 

2. MO, 

KS 

Armourdale and Central Industrial District Levee Units, 

Missouri River and 

Tributaries at Kansas Citys 

Jan. 27, 2015 Federal: $207,036,000 

Non-Federal: $111,481,000 

Total: $318,517,000 

3. KS City of Manhattan Apr. 30, 2015 Federal: $15,440,100 

Non-Federal: $8,313,900 

Total: $23,754,000 

4. TN Mill Creek Oct. 16, 2015 Federal: $17,759,000 

Non-Federal: $10,745,000 

Total: $28,504,000 

5. KS Upper Turkey Creek 

Basin 

Dec. 22, 2015 Federal: $24,584,000 

Non-Federal: $13,238,000 

Total: $37,822,000 

6. NC Princeville Feb. 23, 2016 Federal: $14,001,000 

Non-Federal: $7,539,000 

Total: $21,540,000 

7. CA American River Common Features Apr. 26, 2016 Federal: $876,478,000 

Non-Federal: $689,272,000 

Total: $1,565,750,000 

8. CA West Sacramento Apr. 26, 2016 Federal: $776,517,000 

Non-Federal: $414,011,000 

Total: $1,190,528,000. 

(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.— 


SSpencer on DSK4SPTVN1PROD with REPORTS
31 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. SC Colleton County Sep. 5, 2014 Initial Federal: $13,733,850 

Initial Non-Federal: $7,395,150 

Initial Total: $21,129,000 

Renourishment Federal: $16,371,000 

Renourishment Non-Federal: 

$16,371,000 

Renourishment Total: $32,742,000 

2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,218,300 

Initial Non-Federal: $4,963,700 

Initial Total: $14,182,000 

Renourishment Federal: $15,390,000 

Renourishment Non-Federal: 

$15,390,000 

Renourishment Total: $30,780,000 

3. NC Carteret County Dec. 23, 2014 Initial Federal: $24,263,000 

Initial Non-Federal: $13,064,000 

Initial Total: $37,327,000 

Renourishment Federal: $114,728,000 

Renourishment Non-Federal: 

$114,728,000 

Renourishment Total: $229,456,000 

4. NJ Hereford Inlet to Cape 

May Inlet, Cape May 

County 

Jan. 23, 2015 Initial Federal: $14,040,000 

Initial Non-Federal: $7,560,000 

Initial Total: $21,600,000 

Renourishment Federal: $41,215,000 

Renourishment Non-Federal: 

$41,215,000 

Renourishment Total: $82,430,000 

5. LA West Shore Lake Pontchartrain Jun. 12, 2015 Federal: $466,760,000 

Non-Federal: $251,330,000 

Total: $718,090,000 

6. CA San Diego County Apr. 26, 2016 Initial Federal: $20,166,000 

Initial Non-Federal: $10,858,000 

Initial Total: $31,024,000 

Renourishment Federal: $68,215,000 

Renourishment Non-Federal: 

$68,215,000 

Renourishment Total: $136,430,000. 

(4) ECOSYSTEM RESTORATION.— 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engi- neers 

D. Estimated 

Costs 

1. FL Central Everglades Dec. 23, 2014 Federal: $976,375,000 

Non-Federal: $974,625,000 

Total: $1,951,000,000 

2. WA Skokomish River Dec. 14, 2015 Federal: $12,782,000 

Non-Federal: $6,882,000 

Total: $19,664,000. 

(5) FLOOD RISK MANAGEMENT AND ECOSYSTEM RESTORATION.— 


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A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

1. IL, 

WI 

Upper Des Plaines 

River and Tributaries 

Jun. 8, 2015 Federal: $199,393,000 

Non-Federal: $107,694,000 

Total: $307,087,000. 

(6) FLOOD RISK MANAGEMENT, ECOSYSTEM RESTORATION, AND RECREATION.— 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

1. CA South San Francisco 

Bay Shoreline 

Dec. 18, 2015 Federal: $69,521,000 

Non-Federal: $104,379,000 

Total: $173,900,000. 

(7) ECOSYSTEM RESTORATION AND RECREATION.— 

A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engi- neers 

D. Estimated 

Costs 

1. OR Willamette River Dec. 14, 2015 Federal: $19,143,000 

Non-Federal: $10,631,000 

Total: $29,774,000 

2. CA Los Angeles River Dec. 18, 2015 Federal: $375,773,000 

Non-Federal: $980,835,000 

Total: $1,356,608,000. 

(8) DEAUTHORIZATIONS, MODIFICATIONS, AND OTHER PROJECTS.— 

A. State B. 

Name 

C. 

Date of 

Decision Document 

D. 

Estimated 

Costs 

1. TX Upper Trinity River May 21, 2008 Federal: $526,500,000 

Non-Federal: $283,500,000 

Total: $810,000,000 

2. KY Green River Locks and 

Dams 3, 4, 5, 6 and 

Barren River Lock 

and Dam 1 Disposition 

Apr. 30, 2015 Federal: $0 

Non-Federal: $0 

Total: $0 

3. KS Turkey Creek Basin May 13, 2016 Federal: $97,067,750 

Non-Federal: $55,465,250 

Total: $152,533,000 

4. KY Ohio River Shoreline May 13, 2016 Federal: $20,309,900 

Non-Federal: $10,936,100 

Total: $31,246,000. 

5. MO Blue River Basin May 13, 2016 Federal: $34,860,000 

Non-Federal: $11,620,000 

Total: $46,480,000 


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PURPOSE OF LEGISLATION

H.R. 5303 authorizes the United States Army Corps of Engineers 

(Corps) to carry out water resources development activities for the 

Nation, usually through cost-sharing partnerships with non-federal 

sponsors. Activities include navigation, flood damage reduction, 

shoreline protection, hydropower, dam safety, water supply, recreation, environmental restoration and protection, and disaster response and recovery. H.R. 5303 also reforms the Corps planning 

process, promotes timely project delivery, empowers non-federal 

project sponsors, and strengthens congressional oversight. 

BACKGROUND AND NEED FOR LEGISLATION

America is blessed with an unparalleled network of natural harbors and rivers. The ports, channels, locks, dams, and other infrastructure that support our maritime and waterways transportation 

system and provide flood protection for our homes and businesses 

are vitally important to a healthy national economy and job 

growth. Ensuring a sound infrastructure network is a shared responsibility, with a federal and state role recognized by our Founding Fathers. The Water Resources Development Act (WRDA) of 

2016 promotes our Nation’s competitiveness, prosperity, and economic growth by upholding the seminal federal responsibility to 

maintain a strong transportation infrastructure and ensure the efficient flow of domestic and international commerce, and to protect 

the lives and livelihoods of the American people in a sustainable 

manner. Through WRDA, Congress authorizes the key missions of 

the Corps, including developing, maintaining, and supporting the 

Nation’s economically vital waterway infrastructure and supporting 

effective and targeted flood protection and environmental restoration needs. WRDA also provides Congress the opportunity to make 

much needed policy reforms, strengthen oversight, promote efficient, effective, and transparent project development and implementation, and open the door to innovation and stronger partnerships that will improve infrastructure development. Water resources legislation should be enacted every two years to provide 

oversight of and policy direction to the Administration and the 

Corps. 

HEARINGS

On February 24, 2016, the Subcommittee on Water Resources 

and Environment held a hearing on ‘‘A Review of United States 

Army Corps of Engineers Reports to Congress on Future Water Resources Development and Chief’s Reports.’’ 

On May 17, 2016, the Subcommittee on Water Resources and Environment held a hearing on ‘‘A Review of Recently Completed 

United States Army Corps of Engineers Chief’s Reports.’’ 

LEGISLATIVE HISTORY AND CONSIDERATION

On May 23, 2016, House Committee on Transportation and Infrastructure Chairman Bill Shuster, Ranking Member Peter DeFazio, Subcommittee on Water Resources and Environment Chairman 

Bob Gibbs, and Ranking Member Grace Napolitano introduced 

H.R. 5303, the Water Resources Development Act of 2016. 


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On May 25, 2016, the Committee on Transportation and Infrastructure met in open session and ordered the bill, as amended, reported favorably to the House by voice vote with a quorum present. 

An amendment was offered in Committee by Chairman Shuster, 

which was adopted by voice vote, making several technical and conforming changes to the bill. 

An amendment was offered in Committee by Representative 

Corrine Brown, which was withdrawn. The amendment would have 

struck Section 113 of the introduced bill, related to interstate compacts. 

An amendment was offered in Committee by Representative Don 

Young, which was adopted by voice vote, that would direct the 

Corps to consult with the Department of Homeland Security and 

the Department of Defense to identify national security benefits associated with the development of Arctic deep draft ports. The 

amendment was adopted by voice vote. 

An amendment was offered in Committee by Representative 

Eddie Bernice Johnson, which was withdrawn. The amendment 

would have authorized lead or other drinking water contaminant 

abatement as eligible activities under Section 219 of the 1992 

Water Resources Development Act. 

An amendment was offered in Committee by Representative 

John J. Duncan, which was withdrawn. The amendment would 

have modified the cost-share threshold for major rehabilitation 

projects on any inland navigation project from $20 million to $35 

million. 

An amendment was offered in Committee by Representative Michael Capuano, which was withdrawn. The amendment would modify the cost share for coastal navigation construction projects that 

are proposed to be deeper than 45 feet. 

An amendment was offered in Committee by Representative 

Duncan Hunter, which was adopted by voice vote. The amendment 

clarifies the scope of the Corps of’ International Outreach Program. 

An amendment was offered in Committee by Representative 

Donna Edwards, which was withdrawn. The amendment would 

have reauthorized the Clean Water State Revolving Fund and invested $20 billion over five years in wastewater infrastructure. 

An amendment was offered in Committee by Representative 

John Garamendi, which was withdrawn. The amendment would 

have included three regional restoration programs related to Lake 

Tahoe, the Great Lakes, and Long Island Sound in the bill. 

An amendment was offered in Committee by Representative 

Daniel Webster, which was adopted by voice vote. The amendment 

authorizes a comprehensive study to address the flood risks of 

coastal communities within the boundaries of the South Atlantic 

Division of the Corps. 

An amendment was offered in Committee by Representative Lois 

Frankel, which was withdrawn. The amendment would have 

amended current law to provide local communities the option to 

seek foreign sand sources for shore protection projects. 

An amendment was offered in Committee by Representative Reid 

Ribble, which was withdrawn. The amendment would have required the Corps review natural and nature-based features in all 

water resources development projects. 


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An amendment was offered in Committee by Representative 

Corrine Brown, which was withdrawn. The amendment would have 

modified the budget criteria related to Corps construction projects. 

An amendment was offered in Committee by Representative 

Brian Babin, which was withdrawn. The amendment would have 

directed the Secretary of the Army to give preference to strategic 

seaports in determining priorities for budgetary consideration. 

An amendment was offered in Committee by Representative Garret Graves, which was adopted by voice vote. The amendment establishes an environmental bank to offset past, current, and future 

environmental impacts through the Gulf Coast Ecosystem Restoration Council. 

An amendment was offered in Committee by Representative 

Mimi Walters, which was withdrawn. The amendment would have 

required that environmental infrastructure projects be treated as 

traditional Corps water resources development projects. 

An amendment was offered in Committee by Representative 

Jared Huffman, which was adopted by voice vote. The amendment 

clarifies the authorities of the Corps related to fish hatcheries. 

An amendment was offered in Committee by Representative Elizabeth Esty, which was withdrawn. The amendment would have directed a study to assess the performance of innovative materials. 

An amendment was offered in Committee by Representative Elizabeth Esty, which was withdrawn. The amendment would have required the study related to the Northeast Coastal Region Ecosystem Restoration project be carried out at federal expense. 

An amendment was offered in Committee by Representative Rodney Davis, which was adopted by voice vote. The amendment requires a Government Accountability Office review of alternative 

models for managing the Inland Waterways Trust Fund. 

An amendment was offered in Committee by Representative Lois 

Frankel, which was adopted by voice vote. The amendment enables 

the Corps to enter into agreements with non-federal interests to reduce costs related to maintenance dredging. 

An amendment was offered in Committee by Representative Lois 

Frankel, which was withdrawn. The amendment would have 

waived compensatory mitigation requirements for local project 

sponsors under certain conditions. 

An amendment was offered in Committee by Representative 

Jared Huffman, which was withdrawn. The amendment would 

have authorized a pilot program to revise the water operations 

manuals of 15 Corps-constructed or operated reservoir projects in 

drought disaster areas based on best available science. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no 

record votes taken in connection with consideration of H.R. 5303, 

or ordering the bill reported. A motion to order H.R. 5303, as 

amended, reported favorably to the House was agreed to by voice 

vote with a quorum present. 


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COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 5303, as amended, from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 22, 2016. 

Hon. BILL SHUSTER, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5303, the Water Resources Development Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 5303—Water Resources Development Act of 2016 

Summary: H.R. 5303 would authorize the U.S. Army Corps of 

Engineers (Corps) to construct projects to mitigate storm and hurricane damage, to improve navigation and flood management, and to 

restore estuaries. CBO estimates, that implementing this legislation would cost about $970 million over the next five years and 

$3.1 billion over the 2017–2026 period, assuming appropriation of 

the authorized and necessary amounts. 

Because enacting H.R. 5303 would not affect direct spending or 

revenues over the 2017–2026 period, pay-as-you-go procedures do 

not apply. 

CBO estimates that enacting the bill would increase net direct 

spending and on-budget deficits by more than $5 billion in at least 

one of the four consecutive 10-year periods beginning in 2027. The 

legislation would increase direct spending, beginning in fiscal year 

2027, by authorizing the Corps to spend amounts in the Harbor 

Maintenance Trust Fund without further appropriation. 


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H.R. 5303 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effects of H.R. 5303 are shown in the table below. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Water Resources Infrastructure: 

Estimated Authorization Level ............... 62 92 190 230 284 329 419 481 489 534 857 3,109 

Estimated Outlays ...... 25 55 113 169 220 270 332 396 436 474 582 2,490 

Policy Provisions and Studies: 

Estimated Authorization Level ............... 50 36 88 90 37 36 37 31 32 32 300 468 

Estimated Outlays ...... 27 37 54 72 60 49 41 32 30 31 250 434 

Estuary Restoration: 

Estimated Authorization Level ............... 35 36 37 38 38 0 0 0 0 0 184 184 

Estimated Outlays ...... 14 25 31 35 36 21 10 4 0 0 140 175 

Total Costs 

Estimated Authorization 

Level .............. 146 163 314 357 359 365 456 512 521 566 1,341 3,761 

Estimated Outlays ................ 66 117 198 276 316 340 383 432 466 505 972 3,098 

Note: Amounts may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

5303 will be enacted before the end of calendar year 2016 and that 

the authorized and necessary amounts will be appropriated for 

each fiscal year. Estimates of amounts necessary to implement the 

bill are based on information from the Corps; estimated outlays are 

based on historical spending patterns for similar projects and programs. Major components of the estimated costs are described 

below. 

CBO estimates that H.R. 5303 would authorize appropriations totaling about $3.8 billion over the 2017–2026 period for water infrastructure projects and studies administered by the Corps. We estimate that implementing those provisions would cost $3.1 billion 

over the 2017–2026 period. 

Water resources infrastructure 

CBO estimates that implementing title IV would cost about $2.5 

billion over the 2017–2026 period, assuming appropriation of the 

amounts estimated to be necessary and accounting for anticipated 

inflation. This title would authorize the Corps to construct 27 new 

projects and would modify the existing authorization of four 

projects; those projects would aim to improve the nation’s navigation system, strengthen flood-risk management, and restore the environment. Based on information from the Corps, CBO estimates 

that the total cost to complete those projects would be $10.5 billion. 

H.R. 5303 would authorize the appropriation of $5.7 billion to cover 

the federal share of those costs and nonfederal entities would be reVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR785P1.XXX HR785P1

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sponsible for the remaining costs, totaling an estimated $4.8 billion. 

To estimate how funds appropriated for those projects would be 

spent, CBO used information from the Corps for each project about 

when construction would begin, how long it would take to complete, 

and what funding would be necessary to complete it over the anticipated construction period. CBO also analyzed the historical spending patterns of similar projects. Because of the size and complexity 

of some large Corps projects, they can take several years to commence and more than ten years to complete. CBO estimates that 

the federal share of the projects and modifications authorized by 

this title would require the appropriation of about $3.1 billion over 

the 2017–2026 period; the remainder of the federal share to complete the projects would be needed after 2026. 

The estimated cost of the five largest projects authorized by H.R. 

5303 totals $6.9 billion; the federal share would total about $3.5 

billion. Those projects and their estimated federal cost are: 

• The Central Everglades Planning Project to restore the Everglades in central and southern Florida ($1 billion); 

• The American River Watershed Common Features project 

to reduce the risk of flood along the American and Sacramento 

Rivers near Sacramento, California ($880 million); 

• The West Sacramento project to reduce the risk of flood in 

the City of West Sacramento, California ($780 million); 

• The West Shore Lake Pontchartrain project to reduce the 

risk of hurricane and storm damages in St. Charles, St. John 

the Baptist, and St. James Parishes in Louisiana ($480 million); and 

• The Los Angeles River Ecosystem Restoration project to 

restore ecosystems along the Los Angeles River in Los Angeles 

County, California ($380 million). 

Assuming appropriation of the necessary amounts, CBO estimates that spending on those five projects would total about $1.1 

billion and would be incurred over the 2017–2026 period. CBO estimates that construction spending for the other 22 projects and 4 

modifications authorized by the bill would total about $1.4 billion 

over the next 10 years. 

Studies and other provisions 

Based on a review of information provided by the Corps, CBO estimates that implementing the provisions described below would 

cost $434 million over the 2017–2026 period, assuming appropriation of the necessary amounts. Those provisions (and their federal 

costs) would: 

• Authorize the Corps to conduct about 30 feasibility studies 

for projects to reduce risks stemming from floods and hurricanes, to restore ecosystems, and to improve navigation ($50 

million); 

• Direct the Corps to maintain the width and depth of certain commercial harbors at the same dimensions as they were 

originally constructed by the Corps ($100 million); 

• Authorize projects to restore fisheries and ecosystems on 

the Great Lakes ($100 million); 


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39 

• Require the Corps to report to the Congress about the volume and types of foreign materials purchased each year for 

civil works projects ($106 million); and • Direct the Corps to develop beneficial uses for dredge material, remove sediment from certain reservoirs, waive certain 

cost-share requirements for projects and studies for Indian 

Tribes, and maintain a database on the condition of federal 

breakwaters and jetties ($78 million). 

Estuary restoration 

H.R. 5303 would authorize the annual appropriation for five years of $35 million for the Estuary Habitat Restoration program 

and additional amounts necessary to account for cost increases 

caused by inflation. CBO estimates the appropriation of those 

amounts would cost $175 million over the 2017–2026 period. 

Increase in long-term net direct spending and deficits: CBO estimates that enacting the bill would increase net direct spending and 

on-budget deficits by more than $5 billion in at least one of the four 

consecutive 10-year periods beginning in 2027. 

Under the bill, balances in the Harbor Maintenance Trust Fund 

(HMTF) would become available to the Corps, without further appropriation, beginning in fiscal year 2027. CBO estimates that the 

balance in the HMTF that would be available to spend in 2027 

would be about $20 billion. In recent years the annual appropriation from the HMTF has been about $1 billion. 

Intergovernmental and private-sector impact: H.R. 5303 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. State, local, and tribal governments would benefit from 

greater flexibility provided in the bill to administer and finance infrastructure projects supported by the Corps. Any costs to those entities under agreements with the Corps, including matching contributions, would be incurred voluntarily. 

Previous CBO estimate: On June 27, 2016, CBO transmitted a 

cost estimate for S. 2848 as ordered reported by the Senate Committee on Environment and Public Works on April 28, 2016. S. 

2848 authorized the Corps to construct water resources infrastructure projects that are also authorized in H.R. 5305. For projects 

common to both pieces of legislation, CBO’s estimated costs are the 

same. 

Estimate prepared by: Federal spending: Aurora Swanson; Impact on state, local, and tribal governments: Jon Sperl; Impact on 

the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Assistant Director for 

Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to authorize the key missions of 

the Corps, including developing, maintaining, and supporting the 

Nation’s economically vital waterway infrastructure and supporting 

effective and targeted flood protection and environmental restoration needs. Additionally, H.R. 5303 is intended to accelerate the 

project delivery process, promote fiscal responsibility, and strengthen our water transportation networks to promote competiveness, 


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40 

prosperity, and economic growth. Finally, WRDA will make major 

reforms to increase transparency, accountability, and congressional 

oversight in reviewing and prioritizing future water resources development activities. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R. 5303, as amended, establishes or reauthorizes a program of the federal government known 

to be duplicative of another federal program, a program that was 

included in any report from the Government Accountability Office 

to Congress pursuant to section 21 of Public Law 111–139, or a 

program related to a program identified in the most recent Catalog 

of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKINGS

Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), the 

Committee estimates that enacting H.R. 5303, as amended, does 

not specifically direct the completion of any specific rule makings 

within the meaning of section 551 of title 5, United States Code. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 5303, as reported, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 


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41 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Short title; table of contents 

This section designates the short title of this bill as the ‘‘Water 

Resources Development Act of 2016’’. 

Section 2. Definition of Secretary 

This section defines the term ‘‘Secretary’’ as the Secretary of the 

Army 

TITLE I—GENERAL PROVISIONS

Section 101. Sense of Congress regarding Water Resources Development Acts 

This Sense of Congress emphasizes the unique functions and 

missions carried out by the Corps and re-affirms that Water Resources Development Acts should be considered by Congress every 

two years. 

Section 102. Training and employment for veterans and members of 

Armed Forces in curation and historic preservation 

This section directs the Corps to carry out a Veterans’ Curation 

Program to train and hire veterans and members of the armed 

forces to assist the Corps in carrying out curation and historic preservation activities. 

Section 103. Youth service and conservation corps organizations 

This section directs the Corps to enter into cooperative agreements with youth service and conservation corps organizations for 

services related to projects under the jurisdiction of the Corps. 

Section 104. Navigation safety 

This section directs the Corps to use the existing operation and 

maintenance authorities to carry out navigation safety activities at 

those projects eligible for operation and maintenance under Section 

204(f) of the Water Resources Development Act of 1986. The Committee is becoming exceedingly concerned that the Corps is requiring non-federal project sponsors to obtain construction authority to 

carry out bend easing activities that have traditionally been carried 

out using existing operation and maintenance authorities. This section clarifies the Corps’ authority to use operation and maintenance 

authority for bend easing activities. 

Section 105. Emerging harbors 

This section amends the Water Resources Development Act of 

1986 to clarify the distribution of priority funds between high-use 

and moderate-use harbor projects and emerging harbor projects. 

Section 106. Federal breakwaters and jetties 

This section directs the Corps to compile and report to Congress 

with an inventory of all federal breakwaters and jetties protecting 

harbors and inland harbors, including information on location, the 

general structural condition of each breakwater or jetty, potential 


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42 

risks to navigational safety, the impact of the periodic maintenance 

dredging needs of protected harbors and inland harbors, and the 

costs to restore or maintain each breakwater or jetty. 

Section 107. Donor ports and energy transfer ports 

This section amends Section 2106(a)(2)(B) of the Water Resources Reform and Development Act of 2014 to amend a portion 

of the definition of a donor port to be a port at which the total 

amount of harbor maintenance taxes collected comprise not less 

than $5,000,000 annually of the total funding of the Harbor Maintenance Trust Fund. 

Section 108. Use of Harbor Maintenance Trust Fund to support 

navigation 

This section amends the Water Resources Development Act of 

1986 to allow the Corps to use the funds available in the Harbor 

Maintenance Trust Fund to carry out eligible operations and maintenance costs assigned to commercial navigation of harbors and inland harbors within the United States, beginning in fiscal year 

2027. 

Section 109. Remote and subsistence harbors 

This section amends the Water Resources Development Act of 

2007 to direct the Corps to give consideration to regions that rely 

on remote and subsistence harbors when conducting a study of harbor and navigation improvements. 

Section 110. Beneficial use of dredged material 

This section directs the Corps to establish a pilot program to 

carry out projects for the beneficial reuse of dredged material. The 

program will consist of 10 geographically diverse pilot projects and 

will be carried out with the help of regional beneficial reuse teams 

put together by the Corps, made up of federal, state, and other appropriate stakeholders. The purpose of this pilot program is to 

identify and select projects to maximize the beneficial reuse of 

dredged material based solely on the environmental, economic, and 

social benefits of the project, including monetary and nonmonetary 

benefits, notwithstanding the current practices of the Corps. The 

program will be terminated upon completion of the 10 selected 

projects. Additionally, the Corps is encouraged to look at innovative 

dredged material disposal along not just the Nation’s coastal areas, 

but inland regions such as the Great Lakes. 

Section 111. Reservoir sediment 

This section amends the Water Resources Development Act of 

2000 to direct the Corps to establish a pilot program to accept services provided by a non-federal interest or commercial entity to remove sediment captured behind a dam that is owned, operated, or 

under the jurisdiction of the Corps for the purposes of restoring the 

authorized storage capacity. A maximum of 10 dam sites shall be 

included in the established pilot program. The non-federal interest 

or commercial entity may retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services being 

provided through the pilot program. 


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Section 112. Contributed funds for reservoir operations 

This section amends Section 5 of the Act of June 22, 1936 to 

allow the Corps to receive and expend funds from non-federal interests to formulate, review, or revise reservoir operations manuals at 

projects not owned by the Corps. 

Section 113. Water supply conservation 

This section authorizes the Corps to enter into agreements with 

non-federal sponsors to carry out water supply conservation measures in states affected by drought. The water supply conservation 

measures must be consistent with the authorized purposes of Corps 

water resources development projects. 

Section 114. Interstate compacts 

This section amends Section 301 of the Water Supply Act of 1958 

to strike subsection (f), a Sense of Congress related to interstate 

compacts. 

Section 115. Nonstructural alternatives 

This section amends the Public Law 84–99 emergency response 

authorities to require the Corps to consult with the non-federal 

sponsor on the availability of nonstructural alternatives to the repair or restoration of flood control works, and require the agreement of the non-federal sponsor before their implementation. 

Section 116. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects 

This section releases a non-federal interest from any obligation 

to operate and maintain the non-structural and non-mechanical 

components of a water resources development project carried out 

for the purposes of environmental protection and restoration or 

aquatic ecosystem restoration if the Corps determines that the 50- 

year period following completion of construction has concluded or 

that the criteria identified by the guidance in this section have 

been met. The Corps is further instructed to issue guidance that 

identifies criteria for determining when the purpose of a project for 

environmental protection and restoration or aquatic ecosystem restoration has been achieved. 

Section 117. Estuary restoration 

This section amends the Estuary Restoration Act of 2000 to allow 

nongovernmental organizations to be considered ‘‘non-federal interests’’ in order to enter into binding agreements with the Corps to 

indemnify the Corps during the construction of a proposed project. 

This section also amends the Estuary Restoration Act of 2000 to 

authorize the program for fiscal year 2017 through fiscal year 2021. 

Section 118. Great Lakes fishery and ecosystem restoration 

This section amends the Water Resources Development Act of 

2000 to modify the Great Lakes Fishery and Ecosystem Restoration 

program to ensure consistency with the Great Lakes Restoration 

Initiative and other federal programs. 


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Section 119. Agreements 

This section amends the Water Resources Development Act of 

2007 by repealing Section 2036(c) to ensure that the Corps has alternative methods available for compensatory mitigation activities. 

Section 120. Corps operation of unmanned aircraft systems 

This section instructs the Corps to designate a coordinator and 

principal approving official for the use of drones in support of civil 

works and emergency response missions. This section requires that 

drones used by the Corps be operated in accordance with Federal 

Aviation Administration regulation. Drones acquired, operated, or 

maintained by the Corps are not to be used for any Department of 

Defense mission other than in support of civil works and emergency response of the Corps. 

Section 121. Federal dredge fleet 

This section directs the Comptroller General to study the costs 

and benefits of expanding, reducing, or maintaining the current 

configuration of the federally owned hopper dredge fleet. 

Section 122. Corps assets 

This section amends Section 6002(b) of the Water Resources Reform and Development Act of 2014 to require the Corps, in its inventory and review of properties to consider the extent to which a 

property has economic, cultural, historic, or recreational significance, or impacts at the national, state, or local level to determine 

if the property is necessary to carry out the missions of the Corps. 

Section 123. Funding to process permits 

This section amends Section 214 of the Water Resources Development Act of 2000 to include railroad carriers as eligible to contribute funds to the Corps to expedite the evaluation of a permit, 

under the jurisdiction of the Department of the Army, related to a 

project or activity for public purpose. This section also makes permanent the program for natural gas companies and railroad carriers. 

Section 124. Credit in lieu of reimbursement 

This section amends Section 1022 of the Water Resources Reform 

and Development Act of 2014 by clarifying that projects specifically 

authorized under section 211 of the Water Resources Development 

Act of 1996 for which a written agreement for construction was finalized on or before December 31, 2014, are eligible for credit in 

lieu of reimbursement for non-federal project sponsors. 

Section 125. Clarification of contributions during emergency events 

This section amends Section 1024 of the Water Resources Reform 

and Development Act of 2014 to allow the Corps to accept contributed materials and services for the purpose of repairing, restoring, 

or replacing a water resources development project that has had a 

failure of equipment. 


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Section 126. Study of Water Resources Development projects by nonfederal interests 

This section amends the Water Resources Development Act of 

1986 to allow the Secretary of the Army-Civil Works to provide 

technical assistance to a non-federal interest. Currently, when carrying out a study under Section 203 authority, the Assistant Secretary of the Army may not have the opportunity to review or participate in a proposed study until late in the process. This provision 

is intended to facilitate the ability of the Assistant Secretary of the 

Army’s office to provide technical assistance for feasibility studies 

for non-federal interests to ensure an integrated process. The Committee is aware that private sector engineering firms are currently 

engaged both by the Corps and by other public and private entities 

to perform this service for water resource and other infrastructure 

projects. The Committee does not intend this section to change the 

current process for carrying out architect-engineer design work, either by the private or public sector. 

Section 127. Non-Federal construction of authorized flood damage 

reduction projects 

This section amends the Water Resources Development Act of 

1986 to authorize credit or reimbursement for a discrete segment 

of a flood damage reduction project, or a separable element of the 

project, once the Secretary determines that construction of the discrete segment is complete and consistent with current law and the 

project authorization. Discrete segment is defined in this section as 

a physical portion of a flood damage reduction project and can be 

operated and maintained independently and without creating a 

hazard prior to completion of the project as a whole. Additionally, 

it is the intent of this section that a discrete segment need not be 

economically justified. 

Section 128. Multistate activities 

This section amends the Planning Assistance to States program 

authorized under Section 22 of the Water Resources Development 

Act of 1974 to include groups of states as eligible to work with the 

Corps in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins located within the boundaries of such 

states. This provides states the option to work jointly on water resources issues that affect more than one state, such as creating 

comprehensive regional water conservation plans. 

Section 129. Regional participation assurance for levee safety activities 

This section amends the levee safety provisions in the Water Resources Development Act of 2007 to ensure regional districts are 

active participants and adequately consulted in carrying out the 

National Levee Safety Program. 

Section 130. Participation of non-Federal interests 

This section amends Section 221 of the Flood Control Act of 1970 

to authorize Alaska Native Corporations to participate as non-federal, cost-share partners on Corps projects. 


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Section 131. Indian tribes 

This section amends the Water Resources Development Act of 

1986 to direct the Corps to waive local cost-sharing requirements 

up to $455,000 for all studies and projects for federally recognized 

Indian tribes. 

Section 132. Dissemination of information on the annual report 

process 

This section directs the Corps to develop and support education 

and awareness efforts to ensure that potential non-federal interests 

and locally elected officials are informed of the new annual Report 

to Congress on Future Water Resources Development process established under Section 7001 of the Water Resources Reform and 

Development Act of 2014. 

Section 133. Scope of projects 

This section amends Section 7001(f) of the Water Resources Reform and Development Act of 2014 to include within the term 

‘‘water resources development project,’’ a project under an environmental infrastructure assistance program. 

Section 134. Preliminary feasibility study activities 

This section directs the Corps to meet with a non-federal interest, at the non-federal interest’s request, for the purpose of a 

scoping meeting prior to the initiation of a feasibility study for the 

non-federal interest’s proposed water resources development 

project. The purpose of the meeting is to review any preliminary 

analysis of the costs, benefits, and environmental impacts of the 

proposed project and provide an estimate of the costs of preparing 

the feasibility report. 

Section 135. Post-authorization change reports 

This section directs the Corps to furnish post-authorization 

change reports to Congress upon completion, instead of after Administration review. Administration review is instructed to happen 

within 120 days after completion of the report and prompt review 

is directed for any post-authorization change report that is completed but pending Administration review prior to the date of enactment of this Act. Like Reports of the Chief of Engineers, which 

are required to be submitted to Congress upon completion, the 

Committee is interested in reviewing the Corps’ technical analysis 

of any proposed post-authorization change for a project, and not the 

policy and practice of the Office of Management and Budget. 

Section 136. Maintenance dredging data 

This section directs the Corps to establish a publicly available 

database of maintenance dredging carried out by federal and nonfederal vessels. The information included in the database shall include the volume of dredged material removed, the total cost of the 

project, the party and vessel carrying out the work, the number of 

private contractor bids received, and the initial cost estimate for 

each project. 


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Section 137. Electronic submission and tracking of permit applications 

This section amends the Water Resources Development Act of 

2007 to direct the Corps to research, develop, and implement an 

electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Corps. All permit decisions and jurisdictional determinations should be available for a 

minimum of five years. This electronic system should be developed 

and implemented within two years after the date of enactment. 

Section 138. Data transparency 

This section amends the Water Resources Development Act of 

2007 to instruct the Corps to make publically available, including 

on the Internet, all data on the planning, design, construction, operation, and maintenance of water resources development projects 

and on water quality and water management of projects owned, operated, or managed by the Corps. None of the data or information 

disclosed pursuant to this section shall include confidential, privileged, law enforcement, national security, infrastructure security, 

or personal information, or information the disclosure of which is 

prohibited by law. 

Section 139. Backlog prevention 

This section terminates the authorization for any project or separable element of a project authorized for construction by this Act 

after seven years unless construction has been initiated. At the end 

of the seven-year period, the Corps must submit to Congress a report that identifies the projects deauthorized by this section. After 

the expiration of a 12-year period, the Corps shall submit to Congress a report that identifies any projects for which construction 

has been initiated but not completed, describes the reasons the 

projects were not completed, and provides a schedule for the completion of the projects based on expected levels of appropriations. 

Section 140. Quality control 

This section amends the Flood Control Act of 1944 to require 

that transmittal letters and any accompanying attachments for 

each final study, statement, report, and record of decision be made 

publicly available in addition to being printed as House or Senate 

documents. Additionally, the Corps is directed to provide to Congress a copy of each final study, statement, report, and record of 

decision prepared by the Corps. The Committee remains concerned 

about the quality of documents provided to the Committee, and 

want to ensure printing costs are kept to a minimum. Too often, 

the Corps submits final reports and documents to Congress that 

contain substantive and technical errors. The Committee also notes 

that the Corps has failed to implement section 2041(a) of the Water 

Resources Development Act of 2007 that requires the Corps to develop a unique tracking number for individual Corps projects. This 

provision was included to avoid confusion in the identification of 

projects, or separable elements of projects, and the Corps is directed to implement that provision of Water Resources Development Act of 2007. 


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Section 141. Budget development and prioritization 

This section directs the Corps to biennially submit to Congress 

a report in conjunction with the President’s budget that describes 

the budgeting metrics used in developing the Civil Works Budget 

for the fiscal year, explains the metrics used for each business line, 

and demonstrates how projects are prioritized. 

Section 142. Use of natural and nature-based features 

This section directs the Corps to submit a report to Congress 

every two years on the use of natural and nature-based features in 

water resources development projects, including flood risk reduction, coastal resiliency, and aquatic ecosystem restoration projects. 

Section 143. Annual report on purchase of foreign manufactured articles 

This section amends the Water Resources Development Act of 

1992 to direct the Corps to submit a report to Congress at the conclusion of each fiscal year on the dollar value of any articles, materials, or supplies that were manufactured outside of the United 

States and purchased by the Corps for civil works projects during 

the fiscal year. 

Section 144. Integrated water resources planning 

This section directs the Corps to work with communities covered 

by a proposed water resources development project to coordinate 

the feasibility study with any existing local or regional water management plan. 

Section 145. Evaluation of project partnership agreements 

This section instructs the Corps to prioritize and complete the activities directed in Section 1013 of the Water Resources Reform and 

Development Act of 2014. The Committee remains concerned about 

the pace of implementation guidance issued related to the Water 

Resources Reform and Development Act of 2014. At the time of the 

Full Committee markup of the Water Resources Development Act 

of 2016, more than 30% of the implementation guidance for the 

Water Resources Reform and Development Act of 2014 has yet to 

be issued. 

Section 146. Additional measures at donor ports and energy transfer ports 

This section amends the Section 2106 of the Water Resources Reform and Development Act of 2014 to adjust the sunset date for the 

authorization of appropriations for donor ports and energy transfer 

ports. 

Section 147. Arctic deep draft port development partnerships 

This section amends the Water Resources Reform and Development Act of 2014 to direct the Corps to consult with Department 

of Homeland Security and the Department of Defense to identify 

national security benefits associated with the development of Arctic 

deep draft ports. 


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Section 148. International outreach program 

This section amends the Water Resources Development Act of 

1992 to allow the Corps to engage in activities to inform the United 

States of technological innovations from abroad that could significantly improve water resources development in the United States. 

Technology transfer has long been a part of the Corps programs. 

For instance, after the North Sea floods of 1953, Dutch engineers 

sought the expertise from the Corps in constructing the Delta 

Works in the Netherlands. Countries like Israel have a long track 

record of successful planning, design, and construction of desalination technologies. The Corps should enter into international technology transfer agreements where appropriate. 

Section 149. Comprehensive study 

This section directs the Corps to study the flood risks for vulnerable coastal populations in areas within the boundaries of the 

South Atlantic Division. 

Section 150. Alternative models for managing inland waterways 

trust fund 

This section directs the Comptroller General to conduct a study 

to analyze alternative models for managing the Inland Waterways 

Trust Fund. 

Section 151. Alternative projects to maintenance dredging 

This section allows the Corps to assume the operation and maintenance costs of alternative projects to maintenance dredging for a 

channel if the alternative project would lower the overall costs of 

maintaining the channel. 

Section 152. Fish hatcheries 

This section allows the Corps to operate fish hatcheries in order 

to restore the threatened or endangered populations of fish species 

in the region serviced by the fish hatcheries. 

Section 153. Environmental banks 

This section directs the Gulf Coast Ecosystem Restoration Council, established pursuant to subtitle F of Public Law 112–141, to 

issue regulations to establish environmental banks for the purpose 

of mitigating environmental impacts caused by construction or 

other development activities. 

TITLE II—STUDIES

Section 201. Authorization of proposed feasibility studies 

This section authorizes the Corps to conduct feasibility studies 

for 29 projects for water resources development and conservation 

and other purposes. These projects that the Corps is authorized to 

study were submitted to Congress in a Report to Congress on Future Water Resources Development pursuant to Section 7001 of the 

Water Resources Reform and Development Act of 2014, or otherwise reviewed by Congress. Each of the projects has as its primary 

purpose, one of the following: navigation, hurricane and storm 

damage reduction, flood damage reduction, or ecosystem restoration. 


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Section 202. Expedited completion of reports for certain projects 

This section directs the Corps to expedite the completion of eight 

feasibility studies currently underway. Upon completion of the 

study, if the Corps determines that the project is justified, the 

Corps may proceed directly to preconstruction planning, engineering, and design. This section also directs the Corps to expedite the 

completion of post-authorization change reports for two projects 

that are currently underway. 

TITLE III—DEAUTHORIZATIONS AND RELATED PROVISIONS

Section 301. Deauthorization of inactive projects 

This section establishes a process that will lead to the deauthorization of $5 billion in previously authorized, yet inactive projects. 

This section requires the Corps to submit a list of inactive projects 

to Congress that were authorized for construction prior to November 8, 2007, have not begun planning, design, or construction, or, 

if projects have begun planning, design, or construction, they have 

not received any funds, federal or non-federal, in the past six years. 

The Corps shall identify projects beginning from the oldest authorization to the newest until the target deauthorization is met. After 

a 180-day period of congressional review, the projects on the list 

are automatically deauthorized. 

Section 302. Valdez, Alaska 

This section exempts Tract G, Harbor Subdivision, a project for 

navigation in Valdez, Alaska, from navigational servitude beginning on the date of enactment of this Act. The federal government 

may enter the property to perform required operation and maintenance of the general navigation features. 

Section 303. Los Angeles County drainage area, Los Angeles County, California 

This section directs the Corps to update the Water Control 

Manuals for control structures in the Los Angeles County Drainage 

Area and to integrate and incorporate into the project seasonal operations for water conservation and water supply. 

Section 304. Sutter Basin, California 

This section deauthorizes the separable element constituting the 

locally preferred plan increment reflected in the report of the Chief 

of Engineers, dated March 12, 2014, and authorized for construction in item 8 of the table contained in Section 7002(2) of the Water 

Resources Reform and Development Act of 2014. 

Section 305. Essex River, Massachusetts 

This section deauthorizes portions of the Essex River, Massachusetts navigation project authorized by the Act of July 13, 1892, as 

amended. 

Section 306. Port of Cascade Locks, Oregon 

This section extinguishes two identified flowage easements above 

the ordinary high water line in Hood River County, Oregon. 


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Section 307. Central Delaware River, Philadelphia, Pennsylvania 

This section declares a portion of the Delaware River in Philadelphia, Pennsylvania to be nonnavigable waters of the United States. 

The declaration only applies to the sections of the River that are 

or will be bulkheaded and filled or otherwise occupied by permanent structures. 

Section 308. Huntingdon County, Pennsylvania 

This section directs the Corps to prioritize the updating of the 

Master Plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania. As a part of the update, the Corps 

shall assess, evaluate, and incorporate any alternatives for additional recreation access and development. 

Section 309. Rivercenter, Philadelphia, Pennsylvania 

This section amends the Water Resources Development Act of 

1988 to make permanent the declaration of nonnavigability for portions of Rivercenter, Philadelphia, Pennsylvania. 

Section 310. Joe Pool Lake, Texas 

This section directs the Corps to accept payment from the Trinity 

River Authority of Texas related to water supply storage in Joe 

Pool Lake, Texas. 

Section 311. Salt Creek, Graham, Texas 

This section deauthorizes the project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, 

previously authorized by Section 101(a)(30) of the Water Resources 

Development Act of 1999. The Corps may transfer any land acquired by the federal government for the project on behalf of the 

non-federal interest that remains in federal ownership on or after 

the date of enactment of this Act to the non-federal interest. 

Section 312. Texas City Ship Channel, Texas City, Texas 

This section exempts a portion of the Texas City Ship Channel 

in Texas City, Texas from navigational servitude. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE

Section 401. Project authorizations 

This section authorizes 27 water resources projects that have 

completed technical review by the Corps and are recommended by 

the Chief of Engineers. The projects are authorized to be carried 

out in accordance with the plan, and subject to the conditions, described in the Chief’s Reports. Each of the projects has as its primary purpose, one of the following: navigation, flood risk management, hurricane and storm damage risk reduction, or ecosystem 

restoration. This section also authorizes five project modifications 

for previously authorized projects. 

ADDITIONAL MATTERS

Congress has been conferring its authority to the Corps since the 

1820’s when the agency was given the mission to provide for navigation improvements to the Ohio and Mississippi Rivers. Throughout much of the Nation’s history, this has proven to be a wise deciVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\HR785P1.XXX HR785P1

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sion by Congress. However, in recent years, the Corps and the Office of Management and Budget (OMB) have found new and innovative approaches to rejecting, disqualifying, or otherwise stifling 

investment in worthwhile and beneficial water resources development projects. 

One of those unique methods is by utilizing an arbitrary and limiting ‘‘new start’’ policy. By unilaterally restricting budgetary consideration of critical water resources investment, the Administration is needlessly delaying initiation of many Congressionally authorized projects. While the Committee recognizes the importance 

of project completion, Members of Congress have been consistently 

approaching the Committee about this ‘‘new start’’ policy, even offering amendments that spoke to this issue during consideration of 

this legislation. 

For instance, it has come to the attention of the Committee that 

the Corps and OMB are inflicting this ‘‘new start’’ policy on separable elements of projects that have already been initiated. Abandoned, or partially completed construction projects are of benefit to 

no one, and the Corps and OMB should provide flexibility and consideration for its non-federal cost-share partners in determining its 

‘‘new start’’ criteria. 

The Committee is aware of numerous concerns related to the 

Corps’ implementation of Section 14 of the Rivers and Harbors Act 

of 1899 (commonly called a ‘‘408 certification’’, since this law is 

codified in 33 U.S.C. § 408). Non-federal entities seeking to modify 

federal water resources projects are often required to obtain a 408 

certification from the Corps prior to initiating the modification; 

however, the Committee believes that this process can be improved 

upon. For example, the Committee has heard concerns expressed 

on the length of time to receive this certification. Section 1007 of 

Water Resources Reform and Development Act of 2014 requires the 

Secretary to establish benchmark goals for completing section 408 

certifications in a timely manner. This is one of several provisions 

of Water Resources Reform and Development Act of 2014 that the 

Corps has failed to implement. Further, the Committee is concerned that, in recent updates of its engineering circulars or guidance related to the 408 certification process, the Corps has failed 

to recognize these benchmark goals to improve the pace of 408 certification review. 

The Committee has also heard concerns from non-federal entities 

on the scope of activities covered by the 408 certification process, 

or that the Corps may suggest a proposed modification (requiring 

408 certification) will not be acceptable prior to a non-federal entity 

completing its application for a 408 certification. While the unique 

circumstances of these concerns may be fact-specific to individual 

projects or applications, they are consistent with an overall frustration expressed by non-federal entities with the 408 certification 

process. The Committee believes that Corps should redouble its efforts to ensure that necessary certifications under this authority 

are carried out in an expeditious and transparent manner, consistent with federal law, and that Corps regulatory personnel are 

provided with sufficient federal resources to carry out this authority. 

The Committee remains concerned with the pace of issuance of 

required implementation guidance related to the Water Resources 


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53 

Reform and Development Act of 2014. At the time of Committee 

consideration of H.R. 5303, less than 70 percent of the implementation guidance had been issued, almost two years after enactment. 

Further, in specific cases, the guidance that was issued failed to 

provide a framework for implementation of the enacted language. 

For instance, in issuing the implementation guidance for requirements under section 5014 of Title V of the Water Resources Reform 

and Development Act of 2014 related to Public Private Partnerships, the Corps provided guidance that essentially stated only 

when funds were provided to the Corps to carry out the law, would 

further implementation guidance be issued. The Corps is encouraged to re-issue this implementation guidance prior to receiving 

funding for these programs so Congress may get a better sense of 

how taxpayer funds will be invested, how proposals for public-private partnerships will be considered by the Corps, and how these 

partnerships will be incorporated into future budget policy. 

Additionally, the Committee has heard from many non-federal 

project sponsors and their associated representatives related to coordination and consultation on implementation guidance. In many 

instances, expertise on water resources development projects lies 

outside the Washington, D.C. Beltway. The Corps should adopt an 

open process to gather input and initiate a dialogue with those 

non-federal sponsors who have a stake in how programs and activities are carried out. Hosting one-way communications through 

Webinars and other non-participatory forums jeopardizes the necessary modifications and adjustments to the Corps programs and 

activities that were authorized in the Water Resources Reform and 

Development Act of 2014. The Corps should work to ensure all nonfederal project sponsor voices are heard and incorporate those considerations and Congressional intent into final implementation 

guidance. 

Section 3022 of the Water Resources Reform and Development 

Act of 2014 directed the Secretary to encourage, to the maximum 

extent practicable, the use of durable and sustainable materials 

and resilient construction techniques that allow a water resources 

project to resist hazards due to a major disaster and to continue 

to serve its primary function post event.In carrying out this section, 

the Secretary should ensure that each of the materials and practices will increase performance reliability in anticipated use, reduce 

the risk of failure during extreme events, maintain a project’s primary function during changing conditions, and help to support specific community recovery goals for water resources projects. 

Section 7001 of the Water Resources Reform and Development 

Act of 2014 requires the Corps to annually publish a notice in the 

Federal Register requesting proposals from non-federal interests 

for project authorizations, studies, and modifications to existing 

Corps projects. Further, it requires the Secretary to submit to Congress and make publicly available a ‘‘Report to Congress on Future 

Water Resources Development’’ (Annual Report) of those activities 

that are related to the missions of the Corps and require specific 

authorization by law. 

Additionally, this section requires the Secretary to certify the 

proposals included in the annual report meet the criteria established by Congress in this section. The section requires that information be provided about each proposal that is in the Annual ReVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR785P1.XXX HR785P1

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port submitted to the Congress. This information is meant to help 

the Congress set priorities regarding which potential studies, 

projects, and modifications will receive authorizations. The Secretary is expected to make use of information that is readily available and is not expected to begin a detailed and time-consuming 

analysis for additional information. 

The Committee would like to remind the Corps that the Annual 

Report is intended to reflect a broad spectrum of activities for Congress, not the Administration, to consider in authorizing future 

water resources projects. The job of the Corps under Section 7001 

is primarily an administrative one. That is, the Corps is to collect 

proposals, screen them against the five criteria in the law, and simply report the findings. 

The contents of the first Annual Report did not meet this Committee’s expectations, not only in terms of the number of proposals 

submitted by non-federal project sponsors, but also how the Administration used this process as a way to promote their priorities, and 

not those of the non-federal project sponsors. The Administration 

has many tools available to provide their priorities to Congress, but 

the Annual Report is not one of those tools. 

However, after an immense amount of oversight work by the 

Committee and with the Corps playing the role of a willing partner, the second Annual Report was much improved. Many of the 

projects submitted in the second Annual Report are proposed to be 

authorized in this legislation. The Committee expects the Corps to 

further refine the process required under section 7001 of the Water 

Resources Reform and Development Act and eagerly anticipates another improved Annual Report in 2017. 

The Committee continues to encourage the Corps to prioritize investment in preconstruction engineering and design (PED) of measures authorized in title VIII of the Water Resources and Development Act of 2007 related to navigation and ecosystem improvements on the Upper Mississippi River and Illinois Waterway. Timely completion of PED and proceeding to construction will advance 

America’s competiveness, as well as the readiness of the improved 

locks and a more functional ecosystem. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

WATER RESOURCES DEVELOPMENT ACT OF 2000 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the‘‘Water Resources 

Development Act of 2000’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

* * * * * * * 


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TITLE II—GENERAL PROVISIONS 

* * * * * * * 

øSec. 215. Dredged material marketing and recycling.¿ 

Sec. 215. Reservoir sediment. 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

* * * * * * * 

SEC. 213. ASSISTANCE PROGRAMS. 

(a) CONSERVATION AND RECREATION MANAGEMENT.—To further 

training and educational opportunities about water resources development projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with non-Federal 

public and nonprofit entities for services relating to natural resources conservation or recreation management. 

(b) RURAL COMMUNITY ASSISTANCE.—In carrying out studies and 

projects under the jurisdiction of the Secretary, the Secretary may 

enter into cooperative agreements with multistate regional private 

nonprofit rural community assistance entities for services, including water resource assessment, community participation, planning, 

development, and management activities. 

(c) YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.— 

The Secretary shall, to the maximum extent practicable, enter into 

cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the 

jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations. 

ø(c)¿ (d) COOPERATIVE AGREEMENTS.—A cooperative agreement 

entered into under this section shall not be considered to be, or 

treated as being, a cooperative agreement to which chapter 63 of 

title 31, United States Code, applies. 

SEC. 214. FUNDING TO PROCESS PERMITS. 

(a) FUNDING TO PROCESS PERMITS.— 

(1) DEFINITIONS.—In this subsection: 

(A) NATURAL GAS COMPANY.—The term ‘‘natural gas 

company’’ has the meaning given the term in section 1262 

of the Public Utility Holding Company Act of 2005 (42 

U.S.C. 16451), except that the term also includes a person 

engaged in the transportation of natural gas in intrastate 

commerce. 

(B) PUBLIC-UTILITY COMPANY.—The term ‘‘public-utility 

company’’ has the meaning given the term in section 1262 

of the Public Utility Holding Company Act of 2005 (42 

U.S.C. 16451). 

(C) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 

the meaning given the term in section 20102 of title 49, 

United States Code. 

(2) PERMIT PROCESSING.—The Secretary, after public notice, 

may accept and expend funds contributed by a non-Federal 

public entity or a public-utility company øor natural gas company¿, natural gas company, or railroad carrier to expedite the 

evaluation of a permit of that entity øor company¿, company, 


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56 

or carrier related to a project or activity for a public purpose 

under the jurisdiction of the Department of the Army. 

ø(3) LIMITATION FOR PUBLIC-UTILITY AND NATURAL GAS COMPANIES.—The authority provided under paragraph (2) to a public-utility company or natural gas company shall expire on the 

date that is 7 years after the date of enactment of this paragraph.¿ 

ø(4)¿ (3) EFFECT ON OTHER ENTITIES.—To the maximum extent practicable, the Secretary shall ensure that expediting the 

evaluation of a permit through the use of funds accepted and 

expended under this section does not adversely affect the 

timeline for evaluation (in the Corps district in which the 

project or activity is located) of permits under the jurisdiction 

of the Department of the Army of other entities that have not 

contributed funds under this section. 

ø(5)¿ (4) GAO STUDY.—Not later than 4 years after the date 

of enactment of this paragraph, the Comptroller General of the 

United States shall carry out a study of the implementation by 

the Secretary of the authority provided under paragraph (2) to 

public-utility companies øand natural gas companies¿, natural 

gas companies, and railroad carriers. 

(b) EFFECT ON PERMITTING.— 

(1) IN GENERAL.—In carrying out this section, the Secretary 

shall ensure that the use of funds accepted under subsection 

(a) will not impact impartial decisionmaking with respect to 

permits, either substantively or procedurally. 

(2) IMPARTIAL DECISIONMAKING.—In carrying out this section, 

the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— 

(A) be reviewed by— 

(i) the District Commander, or the Commander’s 

designee, of the Corps District in which the project or 

activity is located; or 

(ii) the Commander of the Corps Division in which 

the District is located if the evaluation of the permit 

is initially conducted by the District Commander; and 

(B) utilize the same procedures for decisions that would 

otherwise be required for the evaluation of permits for 

similar projects or activities not carried out using funds 

authorized under this section. 

(c) LIMITATION ON USE OF FUNDS.—None of the funds accepted 

under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). 

(d) PUBLIC AVAILABILITY.— 

(1) IN GENERAL.—The Secretary shall ensure that all final 

permit decisions carried out using funds authorized under this 

section are made available to the public in a common format, 

including on the Internet, and in a manner that distinguishes 

final permit decisions under this section from other final actions of the Secretary. 

(2) DECISION DOCUMENT.—The Secretary shall— 

(A) use a standard decision document for evaluating all 

permits using funds accepted under this section; and 


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57 

(B) make the standard decision document, along with all 

final permit decisions, available to the public, including on 

the Internet. 

(3) AGREEMENTS.—The Secretary shall make all active agreements to accept funds under this section available on a single 

public Internet site. 

(e) REPORTING.— 

(1) IN GENERAL.—The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers 

that accepts funds under this section— 

(A) a comprehensive list of any funds accepted under 

this section during the previous fiscal year; 

(B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the 

previous fiscal year, including a description of the size and 

type of resources impacted and the mitigation required for 

each permit; and 

(C) a description of the training offered in the previous 

fiscal year for employees that is funded in whole or in part 

with funds accepted under this section. 

(2) SUBMISSION.—Not later than 90 days after the end of 

each fiscal year, the Secretary shall— 

(A) submit to the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives the annual report described in paragraph (1); and 

(B) make each report received under subparagraph (A) 

available on a single publicly accessible Internet site. 

* * * * * * * 

øSEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING. 

ø(a) DREDGED MATERIAL MARKETING.— 

ø(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall establish a program 

to allow the direct marketing of dredged material to public 

agencies and private entities. 

ø(2) LIMITATIONS.—The Secretary shall not establish the program under paragraph (1) unless the Secretary determines 

that the program is in the interest of the United States and 

is economically justified, equitable, and environmentally acceptable. 

ø(3) REGIONAL RESPONSIBILITY.—The program described in 

paragraph (1) may authorize each of the 8 division offices of 

the Corps of Engineers to market to public agencies and private entities any dredged material from projects under the jurisdiction of the regional office. Any revenues generated from 

any sale of dredged material to such entities shall be deposited 

in the United States Treasury. 

ø(4) REPORTS.—Not later than 180 days after the date of enactment of this Act, and annually thereafter for a period of 4 

years, the Secretary shall transmit to Congress a report on the 

program established under paragraph (1). 


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58 

ø(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000 

for each fiscal year. 

ø(b) DREDGED MATERIAL RECYCLING.— ø(1) PILOT PROGRAM.—The Secretary shall conduct a pilot 

program to provide incentives for the removal of dredged material from confined disposal facilities associated with Corps of 

Engineer navigation projects for the purpose of recycling the 

dredged material and extending the life of the confined disposal facilities. 

ø(2) REPORT.—Not later than 90 days after the date of completion of the pilot program, the Secretary shall transmit to 

Congress a report on the results of the program. 

ø(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000, 

except that not to exceed $1,000,000 may be expended with respect to any project.¿ 

SEC. 215. RESERVOIR SEDIMENT. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016 and after providing public notice, the Secretary shall establish, using available 

funds, a pilot program to accept services provided by a non-Federal 

interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the 

jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned. 

(b) REQUIREMENTS.—In carrying out this section, the Secretary 

shall— 

(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned; 

(2) ensure that the non-Federal interest or commercial entity 

will indemnify the United States for, or has entered into an 

agreement approved by the Secretary to address, any adverse 

impact to the dam as a result of such services; 

(3) require the non-Federal interest or commercial entity, 

prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and 

post-services sediment profile and sediment quality; and 

(4) limit the number of dams for which services are accepted 

to 10. 

(c) LIMITATION.— 

(1) IN GENERAL.—The Secretary may not accept services 

under subsection (a) if the Secretary, after consultation with the 

Chief of Engineers, determines that accepting the services is not 

advantageous to the United States. 

(2) REPORT TO CONGRESS.—If the Secretary makes a determination under paragraph (1), the Secretary shall provide to 

the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment 

and Public Works of the Senate written notice describing the 

reasoning for the determination. 

(d) DISPOSITION OF REMOVED SEDIMENT.—In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise 


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59 

dispose of any sediment removed in connection with the services and 

the Corps of Engineers may not seek any compensation for the value 

of the sediment. 

(e) CONGRESSIONAL NOTIFICATION.—Prior to accepting services 

provided by a non-Federal interest or commercial entity under this 

section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate written 

notice of the acceptance of the services. 

(f) REPORT TO CONGRESS.—Upon completion of services at the 10 

dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on 

Environment and Public Works of the Senate a report documenting 

the results of the services. 

* * * * * * * 

SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION. 

(a) FINDINGS.—Congress finds that— 

(1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem; 

(2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and 

(3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) GREAT LAKE.— (A) IN GENERAL.—The term ‘‘Great Lake’’ means Lake 

Superior, Lake Michigan, Lake Huron (including Lake St. 

Clair), Lake Erie, and Lake Ontario (including the St. 

Lawrence River to the 45th parallel of latitude). 

(B) INCLUSIONS.—The term ‘‘Great Lake’’ includes any 

connecting channel, historically connected tributary, and 

basin of a lake specified in subparagraph (A). 

(2) GREAT LAKES COMMISSION.—The term ‘‘Great Lakes Commission’’ means the Great Lakes Commission established by 

the Great Lakes Basin Compact (82 Stat. 414). 

(3) GREAT LAKES FISHERY COMMISSION.—The term ‘‘Great 

Lakes Fishery Commission’’ has the meaning given the term 

‘‘Commission’’ in section 2 of the Great Lakes Fishery Act of 

1956 (16 U.S.C. 931). 

(4) GREAT LAKES STATE.—The term ‘‘Great Lakes State’’ 

means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. 

(c) GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.— 

(1) SUPPORT PLAN.— 

(A) IN GENERAL.—Not later than 1 year after December 

11, 2000, the Secretary shall develop a plan for activities 

of the Corps of Engineers that support the management of 

Great Lakes fisheries. 

(B) USE OF EXISTING DOCUMENTS.—To the maximum extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are 

in existence on December 11, 2000, such as lakewide management plans and remedial action plans. 


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60 

(C) COOPERATION.—The Secretary shall develop the plan 

in cooperation with— 

(i) the signatories to the Joint Strategic Plan for 

Management of the Great Lakes Fisheries; and 

(ii) other affected interests. 

(2) RECONNAISSANCE STUDIES.—Before planning, designing, 

or constructing a project under paragraph (3), the Secretary 

shall carry out a reconnaissance study— 

(A) to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and 

(B) to determine whether planning of a project under 

paragraph (3) should proceed. 

(3) PROJECTS.—The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes. 

(4) EVALUATION PROGRAM.— 

(A) IN GENERAL.—The Secretary shall develop a program 

to evaluate the success of the projects carried out under 

paragraph (3) in meeting fishery and ecosystem restoration 

goals. 

(B) STUDIES.—Evaluations under subparagraph (A) shall 

be conducted in consultation with the Great Lakes Fishery 

Commission and appropriate Federal, State, and local 

agencies. 

(d) COOPERATIVE AGREEMENTS.—In carrying out this section, the 

Secretary may enter into a cooperative agreement with the Great 

Lakes Commission or any other agency established to facilitate active State participation in management of the Great Lakes. 

(e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVITIES.—No activity under this section shall affect the date of completion of any 

other activity relating to the Great Lakes that is authorized under 

other law. 

(f) COST SHARING.— (1) DEVELOPMENT OF PLAN.—The Federal share of the cost of 

development of the plan under subsection (c)(1) of this section 

shall be 65 percent. 

(2) PROJECT PLANNING, DESIGN, CONSTRUCTION, AND EVALUA- TION.—Except for reconnaissance studies, the Federal share of 

the cost of planning, design, construction, and evaluation of a 

project under paragraph (3) or (4) of subsection (c) of this section shall be 65 percent. 

(3) NON-FEDERAL SHARE.— 

(A) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY.— 

The Secretary shall credit the non-Federal interest for the 

value of any land, easement, right-of-way, dredged material disposal area, or relocation provided for carrying out 

a project under subsection (c)(3). 

(B) FORM.—The non-Federal interest may provide up to 

100 percent of the non-Federal share required under paragraphs (1) and (2) in the form of services, materials, supplies, or other in-kind contributions. 

(4) OPERATION AND MAINTENANCE.—The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility. 


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(5) NON-FEDERAL INTERESTS.—In accordance with section 221 

of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 

project carried out under this section, a non-Federal interest 

may include a private interest and a nonprofit entity. 

ø(g) AUTHORIZATION OF APPROPRIATIONS.— ø(1) DEVELOPMENT OF PLAN.—There is authorized to be appropriated for development of the plan under subsection (c)(1) 

of this section $300,000. 

ø(2) OTHER ACTIVITIES.—There is authorized to be appropriated to carry out paragraphs (2) and (3) of subsection (c) of 

this section $100,000,000.¿ 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1986 

* * * * * * * 

TITLE II—HARBOR DEVELOPMENT 

* * * * * * * 

SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY 

NON-FEDERAL INTERESTS. 

(a) SUBMISSION TO SECRETARY.— (1) IN GENERAL.—A non-Federal interest may undertake a 

feasibility study of a proposed water resources development 

project and submit the study to the Secretary. 

(2) GUIDELINES.—To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies. 

(b) REVIEW BY SECRETARY.—The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which 

the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. 

(c) SUBMISSION TO CONGRESS.—Not later than 180 days after the 

date of receipt of a feasibility study of a project under subsection 

(a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— 

(1) the results of the Secretary’s review of the study under 

subsection (b), including a determination of whether the project 

is feasible; 

(2) any recommendations the Secretary may have concerning 

the plan or design of the project; and 

(3) any conditions the Secretary may require for construction 

of the project. 

(d) CREDIT.—If a project for which a feasibility study has been 

submitted under subsection (a)(1) is authorized by a Federal law 

enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share 

of the cost of construction of the project an amount equal to the 


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62 

portion of the cost of developing the study that would have been 

the responsibility of the United States if the study had been developed by the Secretary. 

(e) TECHNICAL ASSISTANCE.—At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the 

non-Federal interest contracts with the Secretary to pay all costs of 

providing such technical assistance. 

SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 

PROJECTS BY NON-FEDERAL INTERESTS. 

(a) WATER RESOURCES DEVELOPMENT PROJECT DEFINED.—In this 

section, the term ‘‘water resources development project’’ means a 

project recommendation that results from— 

(1) a feasibility report, as such term is defined in section 

7001(f) of the Water Resources Reform and Development Act of 

2014; 

(2) a completed feasibility study developed under section 203; 

or 

(3) a final feasibility study for water resources development 

and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. 

(b) AUTHORITY.— 

(1) IN GENERAL.—A non-Federal interest may carry out a 

water resources development project, or separable element 

thereof— 

(A) in accordance with a plan approved by the Secretary 

for the project or separable element; and 

(B) subject to any conditions that the Secretary may require, including any conditions specified under section 

203(c)(3). 

(2) CONDITIONS.—Before carrying out a water resources development project, or separable element thereof, under this 

section, a non-Federal interest shall— 

(A) obtain any permit or approval required in connection 

with the project or separable element under Federal or 

State law; and 

(B) ensure that a final environmental impact statement 

or environmental assessment, as appropriate, for the 

project or separable element has been filed. 

(c) STUDIES AND ENGINEERING.—When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United 

States funds for the studies, engineering, or technical assistance in 

the period during which the studies and engineering are being conducted. 

(d) CREDIT OR REIMBURSEMENT.— 

(1) GENERAL RULE.—Subject to paragraph (3), a project or 

separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a 

project or separable element of a project if— 


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63 

(A) before initiation of construction of the project or separable element— 

(i) the Secretary approves the plans for construction 

of the project or separable element of the project by 

the non-Federal interest; 

(ii) the Secretary determines, before approval of the 

plans, that the project or separable element of the 

project is feasible; and 

(iii) the non-Federal interest enters into a written 

agreement with the Secretary under section 221 of the 

Flood Control Act of 1970 (42 U.S.C. 1962d–5b), including an agreement to pay the non-Federal share, if 

any, of the cost of operation and maintenance of the 

project; and 

(B) the Secretary determines that all Federal laws and 

regulations applicable to the construction of a water resources development project, and any conditions identified 

under subsection (b)(1)(B), were complied with by the nonFederal interest during construction of the project or separable element of the project. 

(2) APPLICATION OF CREDIT.—The Secretary may apply credit 

toward— 

(A) the non-Federal share of authorized separable elements of the same project; or 

(B) subject to the requirements of this section and section 1020 of the Water Resources Reform and Development 

Act of 2014, at the request of the non-Federal interest, the 

non-Federal share of a different water resources development project. 

(3) REQUIREMENTS.—The Secretary may only apply credit or 

provide reimbursement under paragraph (1) if— 

(A) Congress has authorized construction of the project 

or separable element of the project; and 

(B) the Secretary certifies that the project has been constructed in accordance with— 

(i) all applicable permits or approvals; and 

(ii) this section. 

(4) MONITORING.—The Secretary shall regularly monitor and 

audit any water resources development project, or separable 

element of a water resources development project, constructed 

by a non-Federal interest under this section to ensure that— 

(A) the construction is carried out in compliance with the 

requirements of this section; and 

(B) the costs of the construction are reasonable. 

(5) DISCRETE SEGMENTS.— 

(A) IN GENERAL.—The Secretary may authorize credit or 

reimbursement under this subsection for a discrete segment 

of a flood damage reduction project, or separable element 

thereof, before final completion of the project or separable 

element if— 

(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and 


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64 

(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans 

under paragraph (1)(A)(i), that the discrete segment is 

technically feasible and environmentally acceptable. 

(B) DETERMINATION.—Credit or reimbursement may not 

be made available to a non-Federal interest pursuant to 

this paragraph until the Secretary determines that— 

(i) the construction of the discrete segment for which 

credit or reimbursement is requested is complete; and 

(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, 

or separable element thereof, and the plans approved 

under paragraph (1)(A)(i). 

(C) WRITTEN AGREEMENT.— 

(i) IN GENERAL.—As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this 

paragraph shall— 

(I) identify any discrete segment that the nonFederal interest may carry out; and 

(II) agree to the completion of the flood damage 

reduction project, or separable element thereof, 

with respect to which the discrete segment is a part 

and establish a timeframe for such completion. 

(ii) REMITTANCE.—If a non-Federal interest fails to 

complete a flood damage reduction project, or separable 

element thereof, that it agreed to complete under clause 

(i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. 

(D) DISCRETE SEGMENT DEFINED.—In this paragraph, the 

term ‘‘discrete segment’’ means a physical portion of a flood 

damage reduction project, or separable element thereof— 

(i) described by a non-Federal interest in a written 

agreement required under paragraph (1)(A)(iii); and 

(ii) that the non-Federal interest can operate and 

maintain, independently and without creating a hazard, in advance of final completion of the flood damage 

reduction project, or separable element thereof. 

(e) NOTIFICATION OF COMMITTEES.—If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry 

out a project, or separable element thereof, under this section, the 

Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

concerning the intent of the non-Federal interest. 

(f) OPERATION AND MAINTENANCE.—Whenever a non-Federal interest carries out improvements to a federally authorized harbor or 

inland harbor, the Secretary shall be responsible for operation and 

maintenance in accordance with section 101(b) if— 

(1) before construction of the improvements— 

(A) the Secretary determines that the improvements are 

feasible and consistent with the purposes of this title; and 


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65 

(B) the Secretary and the non-Federal interest execute a 

written agreement relating to operation and maintenance 

of the improvements; 

(2) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable 

permits and appropriate engineering and design standards; 

and 

(3) the Secretary does not find that the project or separable 

element is no longer feasible. 

* * * * * * * 

SEC. 210. øAUTHORIZATION OF APPROPRIATIONS¿ FUNDING FOR HARBOR NAVIGATION. 

(a) TRUST FUND.—There are authorized to be appropriated out of 

the Harbor Maintenance Trust Fund, established by section 9505 

of the Internal Revenue Code of 1954, for each fiscal year such 

sums as may be necessary to pay— 

(1) 100 percent of the eligible operations and maintenance 

costs of those portions of the Saint Lawrence Seaway operated 

and maintained by the Saint Lawrence Seaway Development 

Corporation for such fiscal year; and 

(2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors 

and inland harbors within the United States. 

(b) GENERAL FUND.—There are authorized to be appropriated out 

of the general fund of the Treasury of the United States for each 

fiscal year such sums as may be necessary to pay the balance of 

all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section. 

(c) USE OF COLLECTED FUNDS IN FISCAL YEAR 2027 AND THERE- AFTER.— 

(1) USE OF FUNDS.—In addition to the amounts appropriated 

under subsections (a) and (b), there shall be available to the 

Secretary, out of the Harbor Maintenance Trust Fund, without 

further appropriation, for fiscal year 2027 and each fiscal year 

thereafter, such sums as may be necessary to carry out the purposes of subsection (a)(2). 

(2) AVAILABILITY OF AMOUNTS.—Amounts made available 

under this subsection shall remain available until expended. 

ø(c)¿ (d) OPERATION AND MAINTENANCE OF HARBOR PROJECTS.— 

(1) IN GENERAL.—To the maximum extent practicable, the 

Secretary shall make expenditures to pay for operation and 

maintenance costs of the harbors and inland harbors referred 

to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an 

equitable allocation of funds among all such harbors and inland harbors. 

(2) CRITERIA.— 

(A) IN GENERAL.—In determining an equitable allocation 

of funds under paragraph (1), the Secretary shall— 

(i) consider the information obtained in the assessment conducted under øsubsection (e)¿ subsection (f); 

(ii) consider the national and regional significance of 

harbor operations and maintenance; and 


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66 

(iii) as appropriate, consider national security and 

military readiness needs. 

(B) LIMITATION.—The Secretary shall not allocate funds 

under paragraph (1) based solely on the tonnage transiting 

through a harbor. 

(3) EMERGING HARBOR PROJECTS.—Notwithstanding any 

other provision of this subsection, in making expenditures 

under paragraph (1) øfor each of fiscal years 2015 through 

2022¿ for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an 

amount that is not less than 10 percent of the funds made 

available under this section for fiscal year 2012 to pay the 

costs described in subsection (a)(2). 

(4) MANAGEMENT OF GREAT LAKES NAVIGATION SYSTEM.—To 

sustain effective and efficient operation and maintenance of 

the Great Lakes Navigation System, including any navigation 

feature in the Great Lakes that is a Federal responsibility with 

respect to operation and maintenance, the Secretary shall 

manage all of the individually authorized projects in the Great 

Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the 

projects. 

ø(d)¿ (e) PRIORITIZATION.— (1) PRIORITY.— (A) IN GENERAL.—øFor each of fiscal years 2015 through 

2024¿ For each fiscal year, if priority funds are available, 

the Secretary shall use the priority funds as follows: 

(i) ø90¿ Not more than 90 percent of the priority 

funds shall be used for high- and moderate-use harbor 

projects. 

(ii) ø10¿ At least 10 percent of the priority funds 

shall be used for emerging harbor projects. 

(B) ADDITIONAL CONSIDERATIONS.—For each of fiscal 

years 2015 through 2024, of the priority funds available, 

the Secretary shall use— 

(i) not less than 5 percent of such funds for underserved harbor projects; and 

(ii) not less than 10 percent of such funds for 

projects that are located within the Great Lakes Navigation System. 

(C) UNDERSERVED HARBORS.—In determining which underserved harbor projects shall receive funds under this 

paragraph, the Secretary shall consider— 

(i) the total quantity of commerce supported by the 

water body on which the project is located; and 

(ii) the minimum width and depth that— 

(I) would be necessary at the underserved harbor project to provide sufficient clearance for fully 

loaded commercial vessels using the underserved 

harbor project to maneuver safely; and 

(II) does not exceed the constructed width and 

depth of the authorized navigation project. 

(2) EXPANDED USES.— 

(A) DEFINITION OF ELIGIBLE HARBOR OR INLAND HARBOR

DEFINED.—In this paragraph, the term ‘‘eligible harbor or 


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inland harbor’’ means a harbor or inland harbor at which 

the total amount of harbor maintenance taxes collected in 

the immediately preceding 3 fiscal years exceeds the value 

of the work carried out for the harbor or inland harbor 

using amounts from the Harbor Maintenance Trust Fund 

during those 3 fiscal years. 

(B) USE OF EXPANDED USES FUNDS.— (i) FISCAL YEARS 2015 THROUGH 2024.—For each of fiscal years 2015 through 2024, of the priority funds 

available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an 

eligible harbor or inland harbor. 

(ii) SUBSEQUENT FISCAL YEARS.—For fiscal year 2025 

and each fiscal year thereafter, the Secretary shall use 

not less than 10 percent of the priority funds available 

for expanded uses carried out at an eligible harbor or 

inland harbor. 

(C) PRIORITIZATION.—In allocating funds under this 

paragraph, the Secretary shall give priority to projects at 

eligible harbors or inland harbors for which the difference, 

calculated in dollars, is greatest between— 

(i) the total amount of funding made available for 

projects at that eligible harbor or inland harbor from 

the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and 

(ii) the total amount of harbor maintenance taxes 

collected at that harbor or inland harbor in the immediately preceding 3 fiscal years. 

(3) REMAINING FUNDS.— 

(A) IN GENERAL.—For each of fiscal years 2015 through 

2024, if after fully funding all projects eligible for funding 

under paragraphs (1)(B) and (2)(B)(i), priority funds made 

available under those paragraphs remain unobligated, the 

Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable 

allocation of those funds among the harbors and inland 

harbors. 

(B) CRITERIA.—In determining an equitable allocation of 

funds under subparagraph (A), the Secretary shall— 

(i) use the criteria specified in øsubsection (c)(2)(A)¿ 

subsection (d)(2)(A); and 

(ii) make amounts available in accordance with the 

requirements of paragraph (1)(A). 

(4) EMERGENCY EXPENDITURES.—Nothing in this subsection 

prohibits the Secretary from making an expenditure to pay for 

the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if— 

(A) the Secretary determines that the action is necessary 

to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due 

to an unforeseen event; and 

(B) the Secretary provides within 90 days of the action 

notice and information on the need for the action to the 


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68 

Committee on Environment and Public Works and the 

Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. 

ø(e)¿ (f) ASSESSMENT OF HARBORS AND INLAND HARBORS.— (1) IN GENERAL.—Not later than 270 days after the date of 

enactment of this subsection, and biennially thereafter, the 

Secretary shall assess the operation and maintenance needs 

and uses of the harbors and inland harbors referred to in subsection (a)(2). 

(2) ASSESSMENT OF HARBOR NEEDS AND ACTIVITIES.— (A) TOTAL OPERATION AND MAINTENANCE NEEDS OF HARBORS.—In carrying out paragraph (1), the Secretary shall 

identify— 

(i) the total future costs required to achieve and 

maintain the constructed width and depth for the harbors and inland harbors referred to in subsection 

(a)(2); and 

(ii) the total expected costs for expanded uses at eligible harbors or inland harbors referred to in øsubsection (d)(2)¿ subsection (e)(2). 

(B) USES OF HARBORS AND INLAND HARBORS.—In carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors 

and inland harbors referred to in subsection (a)(2), including the use of those harbors for— 

(i) commercial navigation, including the movement 

of goods; 

(ii) domestic trade; 

(iii) international trade; 

(iv) commercial fishing; 

(v) subsistence, including use by Indian tribes (as 

defined in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b)) for 

subsistence and ceremonial purposes; 

(vi) use as a harbor of refuge; 

(vii) transportation of persons; 

(viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of 

domestic offshore energy production facilities; 

(ix) activities of the Secretary of the department in 

which the Coast Guard is operating; 

(x) activities of the Secretary of the Navy; 

(xi) public health and safety related equipment for 

responding to coastal and inland emergencies; 

(xii) recreation purposes; and 

(xiii) other authorized purposes. 

(3) REPORT TO CONGRESS.— (A) IN GENERAL.—For fiscal year 2016, and biennially 

thereafter, in conjunction with the President’s annual 

budget submission to Congress under section 1105(a) of 

title 31, United States Code, the Secretary shall submit to 

the Committee on Environment and Public Works and the 

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mittee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives 

a report that, with respect to harbors and inland harbors 

referred to in subsection (a)(2)— 

(i) identifies the operation and maintenance costs 

associated with the harbors and inland harbors, including those costs required to achieve and maintain 

the constructed width and depth for the harbors and 

inland harbors and the costs for expanded uses at eligible harbors and inland harbors, on a project-byproject basis; 

(ii) identifies the amount of funding requested in the 

President’s budget for the operation and maintenance 

costs associated with the harbors and inland harbors, 

on a project-by-project basis; 

(iii) identifies the unmet operation and maintenance 

needs associated with the harbors and inland harbors, 

on a project-by-project basis; and 

(iv) identifies the harbors and inland harbors for 

which the President will allocate funding over the subsequent 5 fiscal years for operation and maintenance 

activities, on a project-by-project basis, including the 

amounts to be allocated for such purposes. 

(B) PUBLIC AVAILABILITY.—The Secretary shall make the 

report submitted under subparagraph (A) available to the 

public, including on the Internet. 

ø(f)¿ (g) DEFINITIONS.—In this section: 

(1) CONSTRUCTED WIDTH AND DEPTH.—The term ‘‘constructed 

width and depth’’ means the width and depth to which a 

project has been constructed, which may not exceed the authorized width and depth of the project. 

(2) EMERGING HARBOR PROJECT.—The term ‘‘emerging harbor 

project’’ means a project that is assigned to a harbor or inland 

harbor referred to in subsection (a)(2) that transits less than 

1,000,000 tons of cargo annually. 

(3) EXPANDED USES.—The term ‘‘expanded uses’’ means the 

following activities: 

(A) The maintenance dredging of a berth in a harbor 

that is accessible to a Federal navigation project and that 

benefits commercial navigation at the harbor. 

(B) The maintenance dredging and disposal of legacycontaminated sediment, and sediment unsuitable for open 

water disposal, if— 

(i) such dredging and disposal benefits commercial 

navigation at the harbor; and 

(ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in 

a berth that is accessible to a Federal navigation 

project. 

(4) GREAT LAKES NAVIGATION SYSTEM.—The term ‘‘Great 

Lakes Navigation System’’ includes— 

(A)(i) Lake Superior; 

(ii) Lake Huron; 

(iii) Lake Michigan; 

(iv) Lake Erie; and 


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(v) Lake Ontario; 

(B) all connecting waters between the lakes referred to 

in subparagraph (A) used for commercial navigation; 

(C) any navigation features in the lakes referred to in 

subparagraph (A) or waters described in subparagraph (B) 

that are a Federal operation or maintenance responsibility; 

and 

(D) areas of the Saint Lawrence River that are operated 

or maintained by the Federal Government for commercial 

navigation. 

(5) HARBOR MAINTENANCE TAX.—The term ‘‘harbor maintenance tax’’ means the amounts collected under section 4461 of 

the Internal Revenue Code of 1986. 

(6) HIGH-USE HARBOR PROJECT.—The term ‘‘high-use harbor 

project’’ means a project that is assigned to a harbor or inland 

harbor referred to in subsection (a)(2) that transits not less 

than 10,000,000 tons of cargo annually. 

(7) MODERATE-USE HARBOR PROJECT.—The term ‘‘moderateuse harbor project’’ means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually— 

(A) more than 1,000,000 tons of cargo; but 

(B) less than 10,000,000 tons of cargo. 

(8) PRIORITY FUNDS.—The term ‘‘priority funds’’ means the 

difference between— 

(A) the total funds that are made available under this 

section to pay the costs described in subsection (a)(2) for 

a fiscal year; and 

(B) the total funds made available under this section to 

pay the costs described in subsection (a)(2) in fiscal year 

2012. 

(9) UNDERSERVED HARBOR PROJECT.— 

(A) IN GENERAL.—The term ‘‘underserved harbor project’’ 

means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)— 

(i) that is a moderate-use harbor project or an 

emerging harbor project; 

(ii) that has been maintained at less than the constructed width and depth of the project during each of 

the preceding 6 fiscal years; and 

(iii) for which State and local investments in infrastructure have been made at those projects during the 

preceding 6 fiscal years. 

(B) ADMINISTRATION.—For purposes of this paragraph, 

State and local investments in infrastructure shall include 

infrastructure investments made using amounts made 

available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 

5305(a)(9)). 

* * * * * * * 

TITLE XI—MISCELLANEOUS PROGRAMS AND PROJECTS 

* * * * * * * 


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SEC. 1156. COST SHARING PROVISIONS FOR THE TERRITORIES AND 

INDIAN TRIBES. 

(a) IN GENERAL.—The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and øprojects in American¿ projects— 

(1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory 

of the Pacific Islandsø.¿; and 

(2) for a federally recognized Indian tribe. 

(b) INFLATION ADJUSTMENT.—The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period 

beginning on November 17, 1986, and ending on the date of enactment of this subsection. 

* * * * * * * 

WATER RESOURCES REFORM AND DEVELOPMENT ACT 

OF 2014 

* * * * * * * 

TITLE I—PROGRAM REFORMS AND 

STREAMLINING 

* * * * * * * 

SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT. 

(a) REQUESTS FOR CREDITS.—With respect to an authorized flood 

damage reduction project, or separable element thereof, øthat has 

been constructed by a non-Federal interest under section 211 of the 

Water Resources Development Act of 1996 (33 U.S.C. 701b-13) before the date of enactment of this Act¿ for which a written agreement with the Corps of Engineers for construction was finalized on 

or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13), the Secretary 

may provide to the non-Federal interest, at the request of the nonFederal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu 

of providing to the non-Federal interest a reimbursement in that 

amount. 

(b) APPLICATION OF CREDITS.—At the request of the non-Federal 

interest, the Secretary may apply such credit to the øshare of the 

cost of the non-Federal interest of carrying out other flood damage 

reduction projects or studies¿ non-Federal share of the cost of carrying out other water resources development projects or studies of 

the non-Federal interest. 

* * * * * * * 

SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES. 

(a) IN GENERAL.—Subject to subsection (b), the Secretary is authorized to accept and use materials and services contributed by a 

non-Federal public entity, a nonprofit entity, or a private entity for 

the purpose of repairing, restoring, or replacing a water resources 

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sult of an emergency, or that has had or may have an equipment 

failure (including a failure caused by a lack of or deferred maintenance), if the Secretary determines that the acceptance and use of 

such materials and services is in the public interest. 

(b) LIMITATION.—Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services. 

(c) REPORT.—Not later than 60 days after initiating an activity 

under this section, the Secretary shall submit to the Committee on 

Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives a report that includes— 

(1) a description of the activities undertaken, including the 

costs associated with the activities; and 

(2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources 

project. 

* * * * * * * 

TITLE II—NAVIGATION 

* * * * * * * 

Subtitle B—Port and Harbor Maintenance 

* * * * * * * 

SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS. 

(a) IN GENERAL.—The Secretary may provide technical assistance 

to non-Federal public entities, including Indian tribes (as defined 

in section 4 of the Indian Self-Determination and Education Assistance Act ø(25 U.S.C. 450b))¿ (25 U.S.C. 450b)) and Native villages, 

Regional Corporations, and Village Corporations (as those terms are 

defined in section 3 of the Alaska Native Claims Settlement Act (43 

U.S.C. 1602)), for the development, construction, operation, and 

maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. 

(b) ACCEPTANCE OF FUNDS.—The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ø(25 U.S.C. 450b))¿ (25 

U.S.C. 450b)) and Native villages, Regional Corporations, and Village Corporations (as those terms are defined in section 3 of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1602)), to carry out 

the technical assistance activities described in subsection (a). 

(c) LIMITATION.—No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the 

Secretary that includes such terms and conditions as the Secretary 

determines to be appropriate and in the public interest. 

(d) CONSIDERATION OF NATIONAL SECURITY INTERESTS.—In carrying out a study of the feasibility of an Arctic deep draft port, the 

Secretary shall consult with the Secretary of Homeland Security 


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and the Secretary of Defense to identify national security benefits 

associated with the Arctic deep draft port. 

ø(d)¿ (e) PRIORITIZATION.—The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft 

ports identified by the Secretary, the Secretary of Homeland Security, and the Secretary of Defense as important for Arctic development and security. 

SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 

TRANSFER PORTS. 

(a) DEFINITIONS.—In this section: 

(1) CARGO CONTAINER.—The term ‘‘cargo container’’ means a 

cargo container that is 1 Twenty-foot Equivalent Unit. 

(2) DONOR PORT.—The term ‘‘donor port’’ means a port— 

(A) that is subject to the harbor maintenance fee under 

section 24.24 of title 19, Code of Federal Regulations (or a 

successor regulation); 

(B) at which the total amount of harbor maintenance 

taxes collected comprise not less than ø$15,000,000¿ 

$5,000,000 annually of the total funding of the Harbor 

Maintenance Trust Fund established under section 9505 of 

the Internal Revenue Code of 1986; 

(C) that received less than 25 percent of the total 

amount of harbor maintenance taxes collected at that port 

in the previous 5 fiscal years; and 

(D) that is located in a State in which more than 

2,000,000 cargo containers were unloaded from or loaded 

on to vessels in fiscal year 2012. 

(3) ENERGY COMMODITY.—The term ‘‘energy commodity’’ includes— 

(A) petroleum products; 

(B) natural gas; 

(C) coal; 

(D) wind and solar energy components; and 

(E) biofuels. 

(4) ENERGY TRANSFER PORT.—The term ‘‘energy transfer 

port’’ means a port— 

(A) that is subject to the harbor maintenance fee under 

section 24.24 of title 19, øCode of Federal Regulation¿ 

Code of Federal Regulations (or any successor regulation); 

and 

(B)(i) at which energy commodities comprised greater 

than 25 percent of all commercial activity by tonnage in 

fiscal year 2012; and 

(ii) through which more than 40,000,000 tons of 

cargo were transported in fiscal year 2012. 

(5) EXPANDED USES.—The term ‘‘expanded uses’’ has the 

meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)). 

(6) HARBOR MAINTENANCE TAX.—The term ‘‘harbor maintenance tax’’ has the meaning given the term in section 210(f) of 

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

2238(f)). 

(b) AUTHORITY.— 


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(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary may provide to donor ports and energy 

transfer ports amounts in accordance with this section. 

(2) LIMITATIONS.—Amounts provided under this section— 

(A) for energy transfer ports shall be divided equally 

among all States with an energy transfer port; and 

(B) shall be made available to a port as either a donor 

port or an energy transfer port and no port may receive 

amounts as both a donor port and an energy transfer port. 

(c) USE OF FUNDS.—Amounts provided under this section may be 

used by a donor port or an energy transfer port— 

(1) to provide payments to importers entering cargo or shippers transporting cargo through that port, as calculated by 

U.S. Customs and Border Protection according to the amount 

of harbor maintenance taxes collected; 

(2) for expanded uses; or 

(3) for environmental remediation related to dredging berths 

and Federal navigation channels. 

(d) ADMINISTRATION OF PAYMENTS.—If a donor port or an energy 

transfer port elects to provide payments to importers or shippers 

under subsection (c), the Secretary shall transfer the amount that 

would otherwise be provided to the port under this section that is 

equal to those payments to the Commissioner of U.S. Customs and 

Border Protection to provide the payments to the importers or shippers. 

(e) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 18 months after the date of 

enactment of this section, the Secretary shall assess the impact 

of the authority provided by this section and submit to the 

Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of 

the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority. 

(2) FACTORS.—In carrying out the assessment under paragraph (1), the Secretary shall assess— 

(A) the impact of the amounts provided and used under 

this section on those ports that received funds under this 

section; and 

(B) any impact on domestic harbors and ports that did 

not receive funds under this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section $50,000,000 for each of fiscal years 2015 

through ø2018¿ 2020. 

(2) DIVISION BETWEEN DONOR PORTS AND ENERGY TRANSFER

PORTS.—For each fiscal year, amounts made available to carry 

out this section shall be provided in equal amounts to donor 

ports and energy transfer ports. 

(3) ADDITIONAL APPROPRIATIONS.—If the target total budget 

resources under subparagraphs (A) through (D) of section 

2101(b)(1) are met for each of fiscal years ø2015 through 2018¿ 

2016 through 2020, there is authorized to be appropriated to 


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carry out this section $50,000,000 for each of fiscal years ø2019 

through 2022¿ 2021 through 2025. 

* * * * * * * 

TITLE VI—DEAUTHORIZATION AND 

BACKLOG PREVENTION 

* * * * * * * 

SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS. 

(a) ASSESSMENT AND INVENTORY.—Not later than 1 year after 

øthe date of enactment of this Act¿ the date of enactment of the 

Water Resources Development Act of 2016, the Secretary shall conduct an assessment of all properties under the control of the Corps 

of Engineers and develop an inventory of the properties that are 

not needed for the missions of the Corps of Engineers. 

(b) CRITERIA.—In conducting the assessment and developing the 

inventory under subsection (a), the Secretary shall use the following criteria: 

(1) The extent to which the property aligns with the current 

missions of the Corps of Engineers. 

(2) The economic impact of the property on existing communities in the vicinity of the property. 

(3) The extent to which the utilization rate for the property 

is being maximized and is consistent with nongovernmental industry standards for the given function or operation. 

(4) The extent to which the reduction or elimination of the 

property could reduce operation and maintenance costs of the 

Corps of Engineers. 

(5) The extent to which the reduction or elimination of the 

property could reduce energy consumption by the Corps of Engineers. 

(6) The extent to which the property has economic, cultural, 

historic, or recreational significance, or impacts at the national, 

State, or local level. 

(c) NOTIFICATION.—As soon as practicable following completion of 

the inventory of properties under subsection (a), the Secretary shall 

provide the inventory to the Administrator of General Services. 

(d) REPORT TO CONGRESS.—Not later than 30 days after the date 

of the notification under subsection (c), the Secretary shall submit 

to the Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives and make publicly available a report containing the findings of the Secretary with respect to the assessment 

and inventory required under subsection (a). 

* * * * * * * 


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TITLE VII—WATER RESOURCES 

INFRASTRUCTURE 

SEC. 7001. ANNUAL REPORT TO CONGRESS. 

(a) IN GENERAL.—Not later than February 1 of each year, the 

Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an 

annual report, to be entitled ‘‘Report to Congress on Future Water 

Resources Development’’, that identifies the following: 

(1) FEASIBILITY REPORTS.—Each feasibility report that meets 

the criteria established in subsection (c)(1)(A). 

(2) PROPOSED FEASIBILITY STUDIES.—Any proposed feasibility 

study submitted to the Secretary by a non-Federal interest 

pursuant to subsection (b) that meets the criteria established 

in subsection (c)(1)(A). 

(3) PROPOSED MODIFICATIONS.—Any proposed modification to 

an authorized water resources development project or feasibility study that meets the criteria established in subsection 

(c)(1)(A) that— 

(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or 

(B) is identified by the Secretary for authorization. 

(b) REQUESTS FOR PROPOSALS.— 

(1) PUBLICATION.—Not later than May 1 of each year, the 

Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water 

resources development projects and feasibility studies to be included in the annual report. 

(2) DEADLINE FOR REQUESTS.—The Secretary shall include in 

each notice required by this subsection a requirement that 

non-Federal interests submit to the Secretary any proposals 

described in paragraph (1) by not later than 120 days after the 

date of publication of the notice in the Federal Register in 

order for the proposals to be considered for inclusion in the annual report. 

(3) NOTIFICATION.—On the date of publication of each notice 

required by this subsection, the Secretary shall— 

(A) make the notice publicly available, including on the 

Internet; and 

(B) provide written notification of the publication to the 

Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

(c) CONTENTS.— 

(1) FEASIBILITY REPORTS, PROPOSED FEASIBILITY STUDIES, AND

PROPOSED MODIFICATIONS.— 

(A) CRITERIA FOR INCLUSION IN REPORT.—The Secretary 

shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects 

and feasibility studies that— 


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(i) are related to the missions and authorities of the 

Corps of Engineers; 

(ii) require specific congressional authorization, including by an Act of Congress; 

(iii) have not been congressionally authorized; 

(iv) have not been included in any previous annual 

report; and 

(v) if authorized, could be carried out by the Corps 

of Engineers. 

(B) DESCRIPTION OF BENEFITS.— 

(i) DESCRIPTION.—The Secretary shall describe in 

the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources 

development project or feasibility study included in 

the annual report, the benefits, as described in clause 

(ii), of each such study or proposed modification (including the water resources development project that 

is the subject of the proposed feasibility study or the 

proposed modification to an authorized feasibility 

study). 

(ii) BENEFITS.—The benefits (or expected benefits, in 

the case of a proposed feasibility study) described in 

this clause are benefits to— 

(I) the protection of human life and property; 

(II) improvement to transportation; 

(III) the national economy; 

(IV) the environment; or 

(V) the national security interests of the United 

States. 

(C) IDENTIFICATION OF OTHER FACTORS.—The Secretary 

shall identify in the annual report, to the extent practicable— 

(i) for each proposed feasibility study included in the 

annual report, the non-Federal interest that submitted 

the proposed feasibility study pursuant to subsection 

(b); and 

(ii) for each proposed feasibility study and proposed 

modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has 

demonstrated— 

(I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or 

feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and 

(II) the financial ability to provide the required 

non-Federal cost share. 

(2) TRANSPARENCY.—The Secretary shall include in the annual report, for each feasibility report, proposed feasibility 

study, and proposed modification to an authorized water reVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6601 E:\HR\OC\HR785P1.XXX HR785P1

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sources development project or feasibility study included under 

paragraph (1)(A)— 

(A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share 

of the cost of— 

(i) the feasibility report; 

(ii) the proposed feasibility study; 

(iii) the authorized feasibility study for which the 

modification is proposed; or 

(iv) construction of— 

(I) the water resources development project that 

is the subject of— 

(aa) the feasibility report; 

(bb) the proposed feasibility study; or 

(cc) the authorized feasibility study for 

which a modification is proposed; or 

(II) the proposed modification to an authorized 

water resources development project; 

(B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to 

an authorized water resources development project or feasibility study from each associated non-Federal interest; 

(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized 

water resources development project or feasibility study; 

(D) an estimate, to the extent practicable, of the Federal, 

non-Federal, and total costs of— 

(i) the proposed modification to an authorized feasibility study; and 

(ii) construction of— 

(I) the water resources development project that 

is the subject of— 

(aa) the feasibility report; or 

(bb) the authorized feasibility study for 

which a modification is proposed, with respect 

to the change in costs resulting from such 

modification; or 

(II) the proposed modification to an authorized 

water resources development project; and 

(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— 

(i) the water resources development project that is 

the subject of— 

(I) the feasibility report; or 

(II) the authorized feasibility study for which a 

modification is proposed, with respect to the benefits of such modification; or 

(ii) the proposed modification to an authorized water 

resources development project. 

(3) CERTIFICATION.—The Secretary shall include in the annual report a certification stating that each feasibility report, 

proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility 


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study included in the annual report meets the criteria established in paragraph (1)(A). 

(4) APPENDIX.—The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under 

paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. 

(d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.—Notwithstanding any other deadlines required by this section, the Secretary shall— 

(1) not later than 60 days after the date of enactment of this 

Act, publish in the Federal Register a notice required by subsection (b)(1); and 

(2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such 

proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. 

(e) PUBLICATION.—Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. 

(f) DEFINITIONS.—In this section: 

(1) ANNUAL REPORT.—The term ‘‘annual report’’ means a report required by subsection (a). 

(2) FEASIBILITY REPORT.— (A) IN GENERAL.—The term ‘‘feasibility report’’ means a 

final feasibility report developed under section 905 of the 

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

2282). 

(B) INCLUSIONS.—The term ‘‘feasibility report’’ includes— 

(i) a report described in section 105(d)(2) of the 

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

2215(d)(2)); and 

(ii) where applicable, any associated report of the 

Chief of Engineers. 

(3) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ has the 

meaning given that term in section 105 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2215). 

(4) NON-FEDERAL INTEREST.—The term ‘‘non-Federal interest’’ has the meaning given that term in section 221 of the 

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

(5) WATER RESOURCES DEVELOPMENT PROJECT.—The term 

‘‘water resources development project’’ includes a project under 

an environmental infrastructure assistance program. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 2007 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources 

Development Act of 2007’’. 


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(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

* * * * * * * 

øSec. 2040. Electronic submission of permit applications.¿ 

Sec. 2040. Electronic submission and tracking of permit applications. 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

* * * * * * * 

SEC. 2006. REMOTE AND SUBSISTENCE HARBORS. 

(a) IN GENERAL.—In conducting a study of harbor and navigation 

improvements, the Secretary may recommend a project without the 

need to demonstrate that the project is justified solely by national 

economic development benefits if the Secretary determines that— 

(1)(A) the community to be served by the project is at least 

70 miles from the nearest surface accessible commercial port 

and has no direct rail or highway link to another community 

served by a surface accessible port or harbor; or 

(B) the project would be located in the State of Hawaii or 

Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States 

Virgin Islands, or American Samoa; 

(2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the region served by the harbor and navigation 

improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; 

and 

(3) the long-term viability of the community in which the 

project is located, or the long-term viability of a community that 

is located in the region that is served by the project and that 

will rely on the project, would be threatened without the harbor 

and navigation improvement. 

(b) JUSTIFICATION.—In considering whether to recommend a 

project under subsection (a), the Secretary shall consider the benefits of the project to— 

(1) public health and safety of the local community and communities that are located in the region to be served by the 

project and that will rely on the project, including access to facilities designed to protect public health and safety; 

(2) access to natural resources for subsistence purposes; 

(3) local and regional economic opportunities; 

(4) welfare of the ølocal population¿ regional population to be 

served by the project; and 

(5) social and cultural value to the øcommunity¿ local community and communities that are located in the region to be 

served by the project and that will rely on the project. 

(c) PRIORITIZATION.—Projects recommended by the Secretary 

under subsection (a) shall be given equivalent budget consideration 


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and priority as projects recommended solely by national economic 

development benefits. 

(d) DISPOSITION.— 

(1) IN GENERAL.—The Secretary may carry out any project 

identified in the study carried out pursuant to subsection (a) 

in accordance with the criteria for projects carried out under 

the authority of the Secretary under section 107 of the River 

and Harbor Act of 1960 (33 U.S.C. 577). 

(2) NON-FEDERAL INTERESTS.—In evaluating and implementing a project under this section, the Secretary shall allow 

a non-Federal interest to participate in the financing of a 

project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184). 

(e) ANNUAL REPORT.—For a project that cannot be carried out 

under the authority specified in subsection (d), on a determination 

by the Secretary of the feasibility of the project under subsection 

(a), the Secretary may include a recommendation concerning the 

project in the annual report submitted to Congress under section 

7001. 

* * * * * * * 

øSEC. 2017. ACCESS TO WATER RESOURCE DATA. 

ø(a) IN GENERAL.—The Secretary shall carry out a program to 

provide public access to water resources and related water quality 

data in the custody of the Corps of Engineers. 

ø(b) DATA.—Public access under subsection (a) shall— 

ø(1) include, at a minimum, access to data generated in 

water resources project development and regulation under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 

1344); and 

ø(2) appropriately employ geographic information system 

technology and linkages to water resource models and analytical techniques. 

ø(c) PARTNERSHIPS.—To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop 

partnerships, including cooperative agreements, with State, tribal, 

and local governments and other Federal agencies. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $3,000,000 for each fiscal 

year.¿ 

SEC. 2017. ACCESS TO WATER RESOURCE DATA. 

(a) IN GENERAL.—Using available funds, the Secretary shall 

make publicly available, including on the Internet, all data in the 

custody of the Corps of Engineers on— 

(1) the planning, design, construction, operation, and maintenance of water resources development projects; and 

(2) water quality and water management of projects owned, 

operated, or managed by the Corps of Engineers. 

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

compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged 

information, law enforcement information, national security information, infrastructure security information, personal information, 


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or information the disclosure of which is otherwise prohibited by 

law. 

(c) TIMING.—The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after 

the data is generated by the Corps of Engineers. 

(d) PARTNERSHIPS.—In carrying out this section, the Secretary 

may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal 

agencies. 

* * * * * * * 

SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS 

LOSSES. 

(a) MITIGATION FOR FISH AND WILDLIFE LOSSES.—Section 906(d) 

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

2283(d)) is amended— 

(1) in the first sentence of paragraph (1) by striking ‘‘to the 

Congress’’ and inserting ‘‘to Congress in any report, and shall 

not select a project alternative in any report,’’; 

(2) in the second sentence of paragraph (1) by inserting ‘‘, 

and other habitat types are mitigated to not less than in-kind 

conditions’’ after ‘‘mitigated in-kind’’; and 

(3) by adding at the end the following: 

‘‘(3) MITIGATION REQUIREMENTS.— ‘‘(A) IN GENERAL.—To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a 

water resources project, the Secretary shall ensure that 

the mitigation plan for each water resources project complies with the mitigation standards and policies established pursuant to the regulatory programs administered 

by the Secretary. 

‘‘(B) INCLUSIONS.—A specific mitigation plan for a water 

resources project under paragraph (1) shall include, at a 

minimum— 

‘‘(i) a plan for monitoring the implementation and 

ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to 

the extent practicable, a designation of the entities 

that will be responsible for the monitoring; 

‘‘(ii) the criteria for ecological success by which the 

mitigation will be evaluated and determined to be successful based on replacement of lost functions and values of the habitat, including hydrologic and vegetative 

characteristics; 

‘‘(iii) a description of the land and interests in land 

to be acquired for the mitigation plan and the basis for 

a determination that the land and interests are available for acquisition; 

‘‘(iv) a description of— 

‘‘(I) the types and amount of restoration activities to be conducted; 

‘‘(II) the physical action to be undertaken to 

achieve the mitigation objectives within the watershed in which such losses occur and, in any case 

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tershed, a detailed explanation for undertaking 

the mitigation outside the watershed; and 

‘‘(III) the functions and values that will result 

from the mitigation plan; and 

‘‘(v) a contingency plan for taking corrective actions 

in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success 

in accordance with criteria under clause (ii). 

‘‘(C) RESPONSIBILITY FOR MONITORING.—In any case in 

which it is not practicable to identify in a mitigation plan 

for a water resources project the entity responsible for 

monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, 

such entity shall be identified in the partnership agreement entered into with the non-Federal interest under section 221 of Flood Control Act of 1970 (42 U.S.C. 1962d–5b). 

‘‘(4) DETERMINATION OF SUCCESS.— 

‘‘(A) IN GENERAL.—A mitigation plan under this subsection shall be considered to be successful at the time at 

which the criteria under paragraph (3)(B)(ii) are achieved 

under the plan, as determined by monitoring under paragraph (3)(B)(i). 

‘‘(B) CONSULTATION.—In determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal 

agencies and each State in which the applicable project is 

located on at least the following: 

‘‘(i) The ecological success of the mitigation as of the 

date on which the report is submitted. 

‘‘(ii) The likelihood that the mitigation will achieve 

ecological success, as defined in the mitigation plan. 

‘‘(iii) The projected timeline for achieving that success. 

‘‘(iv) Any recommendations for improving the likelihood of success. 

‘‘(5) MONITORING.—Mitigation monitoring shall continue 

until it has been demonstrated that the mitigation has met the 

ecological success criteria.’’. 

(b) STATUS REPORT.— 

(1) IN GENERAL.—Concurrent with the President’s submission to Congress of the President’s request for appropriations 

for the Civil Works Program for a fiscal year, the Secretary 

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Environment and Public Works of the Senate a report on 

the status of construction of projects that require mitigation 

under section 906 of the Water Resources Development Act of 

1986 (33 U.S.C. 2283), the status of such mitigation, and the 

results of the consultation under subsection (d)(4)(B) of such 

section. 

(2) PROJECTS INCLUDED.—The status report shall include the 

status of— 

(A) all projects that are under construction as of the date 

of the report; 


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(B) all projects for which the President requests funding 

for the next fiscal year; and 

(C) all projects that have undergone or completed construction, but have not completed the mitigation required 

under section 906 of the Water Resources Development Act 

of 1986. 

(3) INFORMATION INCLUDED.—In reporting the status of all 

projects included in the report, the Secretary shall— 

(A) use a uniform methodology for determining the status of all projects included in the report; 

(B) use a methodology that describes both a qualitative 

and quantitative status for all projects in the report; and 

(C) provide specific dates for participation in the consultations required under section 906(d)(4)(B) of the Water 

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

2283(d)(4)(B)). 

(4) AVAILABILITY OF INFORMATION.—The Secretary shall 

make information contained in the status report available to 

the public, including on the Internet. 

ø(c) WETLANDS MITIGATION.— 

ø(1) IN GENERAL.—In carrying out a water resources project 

that involves wetlands mitigation and that has impacts that 

occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the 

mitigation bank if the bank contains sufficient available credits 

to offset the impact and the bank is approved in accordance 

with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations). 

ø(2) SERVICE AREA.—To the maximum extent practicable, the 

service area of the mitigation bank under paragraph (1) shall 

be in the same watershed as the affected habitat. 

ø(3) RESPONSIBILITY FOR MONITORING.— 

ø(A) IN GENERAL.—Purchase of credits from a mitigation 

bank for a water resources project relieves the Secretary 

and the non-Federal interest from responsibility for monitoring or demonstrating mitigation success. 

ø(B) APPLICABILITY.—The relief of responsibility under 

subparagraph (A) applies only in any case in which the 

Secretary determines that monitoring of mitigation success 

is being conducted by the Secretary or by the owner or operator of the mitigation bank.¿ 

* * * * * * * 

øSEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS. 

ø(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall implement a program to allow 

electronic submission of permit applications for permits under the 

jurisdiction of the Secretary. 

ø(b) LIMITATIONS.—This section does not preclude the submission 

of a physical copy. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $3,000,000.¿ 


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SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS. 

(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 

(1) IN GENERAL.—The Secretary shall research, develop, and 

implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for 

jurisdictional determinations under the jurisdiction of the Secretary. 

(2) INCLUSION.—The electronic system required under paragraph (1) shall address— 

(A) applications for standard individual permits; 

(B) applications for letters of permission; 

(C) joint applications with States for State and Federal 

permits; 

(D) applications for emergency permits; 

(E) applications or requests for jurisdictional determinations; and 

(F) preconstruction notification submissions, when required for a nationwide or other general permit. 

(3) IMPROVING EXISTING DATA SYSTEMS.—The Secretary shall 

seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of 

Engineers to the maximum extent practicable. 

(4) PROTECTION OF INFORMATION.—The electronic system required under paragraph (1) shall provide for the protection of 

personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise 

prohibited by law. 

(b) SYSTEM REQUIREMENTS.—The electronic system required 

under subsection (a) shall— 

(1) enable an applicant or requester to prepare electronically 

an application for a permit or request; 

(2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request; 

(3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and 

other information in support of the permit application or request; 

(4) provide an online interactive guide to provide assistance 

to an applicant or requester at any time while filling out the 

permit application or request; and 

(5) enable an applicant or requester (or a designated agent) 

to track the status of a permit application or request in a manner that will— 

(A) allow the applicant or requester to determine whether 

the application is pending or final and the disposition of 

the request; 

(B) allow the applicant or requester to research previously submitted permit applications and requests within 

a given geographic area and the results of such applications or requests; and 

(C) allow identification and display of the location of the 

activities subject to a permit or request through a mapbased interface. 


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(c) DOCUMENTATION.—All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include 

documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary. 

(d) RECORD OF DETERMINATIONS.— (1) IN GENERAL.—The Secretary shall maintain, for a minimum of 5 years, a record of all permit decisions and jurisdictional determinations made by the Secretary, including documentation supporting the basis of the decisions and determinations. 

(2) ARCHIVING OF INFORMATION.—The Secretary shall explore 

and implement an appropriate mechanism for archiving records 

of permit decisions and jurisdictional determinations, including 

documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in 

paragraph (1). 

(e) AVAILABILITY OF DETERMINATIONS.— (1) IN GENERAL.—The Secretary shall make the records of all 

permit decisions and jurisdictional determinations made by the 

Secretary available to the public for review and reproduction. 

(2) PROTECTION OF INFORMATION.—The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from 

disclosure. 

(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMENTATION.— (1) IN GENERAL.—The Secretary shall develop and implement, 

to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after the date 

of enactment of the Water Resources Development Act of 2016. 

(2) REPORT ON ELECTRONIC SYSTEM IMPLEMENTATION.—Not 

later than 180 days after the expiration of the deadline under 

paragraph (1), the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of 

the Senate a report describing the measures implemented and 

barriers faced in carrying out this section. 

(g) APPLICABILITY.—The requirements described in subsections (c), 

(d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of 

enactment of the Water Resources Development Act of 2016. 

(h) LIMITATION.—This section shall not preclude the submission 

to the Secretary, acting through the Chief of Engineers, of a physical 

copy of a permit application or a request for a jurisdictional determination. 

SEC. 2041. PROJECT ADMINISTRATION. 

(a) PROJECT TRACKING.—The Secretary shall assign a unique 

tracking number to each water resources project under the jurisdiction of the Secretary to be used by each Federal agency throughout 

the life of the project. 

(b) REPORT REPOSITORY.— 

(1) IN GENERAL.—The Secretary shall provide to the Library 

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authorization change report, record of decision, and report to 

Congress prepared by the Corps of Engineers. 

(2) AVAILABILITY TO PUBLIC.—Each document described in 

paragraph (1) shall be made available to the public, and an 

electronic copy of each document shall be made permanently 

available to the public through the Internet. 

* * * * * * * 

TITLE IX—NATIONAL LEVEE SAFETY 

PROGRAM 

* * * * * * * 

SEC. 9002. DEFINITIONS. 

In this title, the following definitions apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Emergency Management Agency. 

(2) CANAL STRUCTURE.— (A) IN GENERAL.—The term ‘‘canal structure’’ means an 

embankment, wall, or structure along a canal or manmade 

watercourse that— 

(i) constrains water flows; 

(ii) is subject to frequent water loading; and 

(iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. 

(B) EXCLUSION.—The term ‘‘canal structure’’ does not include a barrier across a watercourse. 

(3) COMMITTEE.—The term ‘‘committee’’ means the Committee on Levee Safety established by section 9003(a). 

(4) FLOODPLAIN MANAGEMENT.—The term ‘‘floodplain management’’ means the operation of a community program of corrective and preventative measures for reducing flood damage. 

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(6) INSPECTION.—The term ‘‘inspection’’ means an actual inspection of a levee— 

(A) to establish the global information system location of 

the levee; 

(B) to determine the general condition of the levee; and 

(C) to estimate the number of structures and population 

at risk and protected by the levee that would be adversely 

impacted if the levee fails or water levels exceed the height 

of the levee. 

(7) LEVEE.— 

(A) IN GENERAL.—The term ‘‘levee’’ means a manmade 

barrier (such as an embankment, floodwall, or other structure)— 

(i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal 

high water, storm surges, precipitation, or other 

weather events; and 


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(ii) that is normally subject to water loading for only 

a few days or weeks during a calendar year. 

(B) INCLUSIONS.—The term ‘‘levee’’ includes a levee system, including— 

(i) levees and canal structures that— 

(I) constrain water flows; 

(II) are subject to more frequent water loading; 

and 

(III) do not constitute a barrier across a watercourse; and 

(ii) roadway and railroad embankments, but only to 

the extent that the embankments are integral to the 

performance of a flood damage reduction system. 

(C) EXCLUSIONS.—The term ‘‘levee’’ does not include— 

(i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction 

system; 

(ii) a canal constructed completely within natural 

ground without any manmade structure (such as an 

embankment or retaining wall to retain water or a 

case in which water is retained only by natural 

ground); 

(iii) a canal regulated by a Federal or State agency 

in a manner that ensures that applicable Federal safety criteria are met; 

(iv) a levee or canal structure— 

(I) that is not a part of a Federal flood damage 

reduction system; 

(II) that is not recognized under the National 

Flood Insurance Program as providing protection 

from the 1-percent-annual-chance or greater flood; 

(III) that is not greater than 3 feet high; 

(IV) the population in the leveed area of which 

is less than 50 individuals; and 

(V) the leveed area of which is less than 1,000 

acres; or 

(v) any shoreline protection or river bank protection 

system (such as revetments or barrier islands). 

(8) LEVEE FEATURE.—The term ‘‘levee feature’’ means a 

structure that is critical to the functioning of a levee, including— 

(A) an embankment section; 

(B) a floodwall section; 

(C) a closure structure; 

(D) a pumping station; 

(E) an interior drainage work; and 

(F) a flood damage reduction channel. 

(9) LEVEE SYSTEM.—The term ‘‘levee system’’ means 1 or 

more levee segments, including all levee features that are 

interconnected and necessary to ensure protection of the associated leveed areas— 

(A) that collectively provide flood damage reduction to a 

defined area; and 

(B) the failure of 1 of which may result in the failure of 

the entire system. 


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(10) NATIONAL LEVEE DATABASE.—The term ‘‘national levee 

database’’ means the levee database established under section 

9004. 

(11) PARTICIPATING PROGRAM.—The term ‘‘participating program’’ means a levee safety program developed by a øState or 

Indian tribe¿ State, regional district, or Indian tribe that includes the minimum components necessary for recognition by 

the Secretary. 

(12) REGIONAL DISTRICT.—The term ‘‘regional district’’ means 

a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, 

operate, and maintain projects for the purpose of flood damage 

reduction. 

ø(12)¿ (13) REHABILITATION.—The term ‘‘rehabilitation’’ 

means the repair, replacement, reconstruction, removal of a 

levee, or reconfiguration of a levee system, including a setback 

levee, that is carried out to reduce flood risk or meet national 

levee safety guidelines. 

ø(13)¿ (14) RISK.—The term ‘‘risk’’ means a measure of the 

probability and severity of undesirable consequences. 

ø(14)¿ (15) STATE.—The term ‘‘State’’ means— 

(A) a State; 

(B) the District of Columbia; 

(C) the Commonwealth of Puerto Rico; and 

(D) any other territory or possession of the United 

States. 

ø(15)¿ (16) STATE LEVEE SAFETY AGENCY.—The term ‘‘State 

levee safety agency’’ means the agency of a State that has regulatory authority over the safety of any non-Federal levee in 

the State. 

ø(16)¿ (17) UNITED STATES.—The term ‘‘United States’’, when 

used in a geographical sense, means all of the States. 

* * * * * * * 

SEC. 9004. INVENTORY AND INSPECTION OF LEVEES. 

(a) LEVEE DATABASE.— (1) IN GENERAL.—Not later than øone year after the date of 

enactment of this Act¿ 1 year after the date of enactment of the 

Water Resources Development Act of 2016, the Secretary shall 

establish and maintain a database with an inventory of the 

Nation’s levees. 

(2) CONTENTS.—The database shall include— 

(A) location information of all Federal levees in the Nation (including global information system information) and 

updated levee information provided by øStates, Indian 

tribes, Federal agencies, and other entities¿ States, regional districts, Indian tribes, Federal agencies, and other 

entities; 

(B) utilizing such information as is available, the general 

condition of each levee; and 

(C) an estimate of the number of structures and population at risk and protected by each levee that would be 

adversely impacted if the levee fails or water levels exceed 

the height of the levee. 

(3) AVAILABILITY OF INFORMATION.— 


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(A) AVAILABILITY TO øFEDERAL, STATE, AND LOCAL¿ FED- ERAL, STATE, REGIONAL, TRIBAL, AND LOCAL GOVERNMENTAL

AGENCIES.—The Secretary shall make all of the information in the database available to appropriate øFederal, 

State, and local¿ Federal, State, regional, tribal, and local 

governmental agencies. 

(B) AVAILABILITY TO THE PUBLIC.—The Secretary shall 

make the information in the database described in paragraph (2)(A), and such other information in the database 

as the Secretary determines appropriate, available to the 

public. 

(b) INVENTORY AND INSPECTION OF LEVEES.— 

(1) FEDERAL LEVEES.—The Secretary, at Federal expense, 

shall establish an inventory and conduct an inspection of all 

federally owned and operated levees. 

(2) FEDERALLY CONSTRUCTED, NONFEDERALLY OPERATED AND

MAINTAINED LEVEES.—The Secretary shall establish an inventory and conduct an inspection of all federally constructed, 

non-federally operated and maintained levees, at the original 

cost share for the project. 

(3) PARTICIPATING LEVEES.—For non-Federal levees the owners of which are participating in the emergency response to 

natural disasters program established under section 5 of the 

Act entitled ‘‘An Act authorizing the construction of certain 

public works on rivers and harbors for flood control, and for 

other purposes’’, approved August 18, 1941 (33 U.S.C. 701n), 

the Secretary shall establish an inventory and conduct an inspection of each such levee if the owner of the levee requests 

such inspection. The Federal share of the cost of an inspection 

under this paragraph shall be 65 percent. 

(c) LEVEE REVIEW.— (1) IN GENERAL.—The Secretary shall carry out a one-time 

inventory and review of all levees identified in the national 

levee database. 

(2) NO FEDERAL INTEREST.—The inventory and inspection 

under paragraph (1) does not create a Federal interest in the 

construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection. 

(3) REVIEW CRITERIA.—In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified 

in the inventory as requiring a more comprehensive inspection. 

(4) øSTATE AND TRIBAL¿ STATE, REGIONAL, AND TRIBAL PARTICIPATION.—At the request of a øState or Indian tribe¿ State, 

regional district, or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall— 

(A) allow an official of the øState or Indian tribe¿ State, 

regional district, or Indian tribe to participate in the review of the levee; and 

(B) provide information to the øState or Indian tribe¿ 

State, regional district, or Indian tribe relating to the location, construction, operation, or maintenance of the levee. 

(5) EXCEPTIONS.—In carrying out the inventory and review 

under this subsection, the Secretary shall not be required to 

review any levee that has been inspected by a øState or Indian 


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tribe¿ State, regional district, or Indian tribe using the same 

methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this subsection if the Governor of the State or øchief executive of the 

tribal government¿ chief executive of the regional district or 

tribal government, as applicable, requests an exemption from 

the review. 

SEC. 9005. LEVEE SAFETY INITIATIVE. 

(a) ESTABLISHMENT.—The Secretary, in consultation with the Administrator, shall carry out a levee safety initiative. 

(b) MANAGEMENT.—The Secretary shall appoint— 

(1) an administrator of the levee safety initiative; and 

(2) such staff as are necessary to implement the initiative. 

(c) LEVEE SAFETY GUIDELINES.— (1) ESTABLISHMENT.—Not later than ø1 year after the date 

of enactment of this subsection¿ 1 year after the date of enactment of the Water Resources Development Act of 2016, the Secretary, in consultation with the Administrator and in coordination with øState, local, and tribal governments and organizations¿ State, regional, local, and tribal governments and organizations with expertise in levee safety, shall establish a set of 

voluntary, comprehensive, national levee safety guidelines 

that— 

(A) are available for common, uniform use by all øFederal, State, tribal, and local agencies¿ Federal, State, regional, local, and tribal agencies; 

(B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and 

(C) provide for adaptation to local, regional, or watershed conditions. 

(2) REQUIREMENT.—The policies, procedures, standards, and 

criteria under paragraph (1)(B) shall be developed taking into 

consideration the levee hazard potential classification system 

established under subsection (d). 

(3) INCORPORATION.—The guidelines shall address, to the 

maximum extent practicable— 

(A) the activities and practices carried out by øState, 

local, and tribal governments¿ State, regional, local, and 

tribal governments, and the private sector to safely build, 

regulate, operate, and maintain levees; and 

(B) Federal activities that facilitate State, regional, or 

tribal efforts to develop and implement effective State, regional, or tribal programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed 

floodplain management, and public education and training 

programs. 

(4) CONSIDERATION BY FEDERAL AGENCIES.—To the maximum extent practicable, all Federal agencies shall consider 

the levee safety guidelines in carrying out activities relating to 

the management of levees. 

(5) PUBLIC COMMENT.—Prior to finalizing the guidelines 

under this subsection, the Secretary shall— 

(A) issue draft guidelines for public comment, including 

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propriate stakeholders¿ States, regional districts, Indian 

tribes, non-Federal interests, and other appropriate stakeholders; and 

(B) consider any comments received in the development 

of final guidelines. 

(d) HAZARD POTENTIAL CLASSIFICATION SYSTEM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a hazard 

potential classification system for use under the levee safety 

initiative and participating programs. 

(2) REVISION.—The Secretary shall review and, as necessary, 

revise the hazard potential classification system not less frequently than once every 5 years. 

(3) CONSISTENCY.—The hazard potential classification system 

established pursuant to this subsection shall be consistent with 

and incorporated into the levee safety action classification tool 

developed by the Corps of Engineers. 

(e) TECHNICAL ASSISTANCE AND MATERIALS.— 

(1) ESTABLISHMENT.—The Secretary, in consultation with the 

Administrator, shall provide technical assistance and training 

to promote levee safety and assist øStates, communities, and 

levee owners¿ States, regional districts, Indian tribes, communities, and levee owners in— 

(A) developing levee safety programs; 

(B) identifying and reducing flood risks associated with 

levees; 

(C) identifying local actions that may be carried out to 

reduce flood risks in leveed areas; and 

(D) rehabilitating, improving, replacing, reconfiguring, 

modifying, and removing levees and levee systems. 

(2) ELIGIBILITY.—To be eligible to receive technical assistance under this subsection, a State shall— 

(A) be in the process of establishing or have in effect a 

State levee safety program under which a State levee safety agency, in accordance with State law, carries out the 

guidelines established under subsection (c)(1); and 

(B) allocate sufficient funds in the budget of that State 

to carry out that State levee safety program. 

(3) WORK PLANS.—The Secretary shall enter into an agreement with each State receiving technical assistance under this 

subsection to develop a work plan necessary for the State levee 

safety program of that State to reach a level of program performance that meets the guidelines established under subsection (c)(1). 

(f) PUBLIC EDUCATION AND AWARENESS.— 

(1) IN GENERAL.—The Secretary, in coordination with the Administrator, shall carry out public education and awareness efforts relating to the levee safety initiative. 

(2) CONTENTS.—In carrying out the efforts under paragraph 

(1), the Secretary and the Administrator shall— 

(A) educate individuals living in leveed areas regarding 

the risks of living in those areas; and 

(B) promote consistency in the transmission of information regarding levees among Federal agencies and regarding risk communication at the State and local levels. 


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(g) øSTATE AND TRIBAL¿ STATE, REGIONAL, AND TRIBAL LEVEE

SAFETY PROGRAM.— (1) GUIDELINES.— (A) IN GENERAL.—Not later than ø1 year after the date 

of enactment of this subsection¿ 1 year after the date of enactment of the Water Resources Development Act of 2016, in consultation with the Administrator, the Secretary shall 

issue guidelines that establish the minimum components 

necessary for recognition of a øState or tribal¿ State, regional, or tribal levee safety program as a participating 

program. 

(B) GUIDELINE CONTENTS.—The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating øState and Indian tribe¿ State, 

regional district, and Indian tribe to certify to the Secretary that the øState or Indian tribe¿ State, regional district, or Indian tribe, as applicable— 

(i) has the authority to participate in the levee safety initiative; 

(ii) can receive funds under this title; 

(iii) has adopted any levee safety guidelines developed under this title; 

(iv) will carry out levee inspections; 

(v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to 

be necessary relating to levees; 

(vi) will carry out public education and awareness 

activities consistent with the efforts carried out under 

subsection (f); and 

(vii) will collect and share information regarding the 

location and condition of levees, including for inclusion 

in the national levee database. 

(C) PUBLIC COMMENT.—Prior to finalizing the guidelines 

under this paragraph, the Secretary shall— 

(i) issue draft guidelines for public comment; and 

(ii) consider any comments received in the development of final guidelines. 

(2) ASSISTANCE TO øSTATES¿ STATES, REGIONAL DISTRICTS, AND INDIAN TRIBES.— 

(A) ESTABLISHMENT.—The Administrator may provide 

assistance, subject to the availability of funding specified 

in appropriations Acts for Federal Emergency Management Agency activities pursuant to this title and subject to 

amounts available under subparagraph (E), to øStates and 

Indian tribes¿ States, regional districts, and Indian tribes 

in establishing participating programs, conducting levee 

inventories, and improving levee safety programs in accordance with subparagraph (B). 

(B) REQUIREMENTS.—To be eligible to receive assistance 

under this section, a øState or Indian tribe¿ State, regional 

district, or Indian tribe shall— 

(i) meet the requirements of a participating program 

established by the guidelines issued under paragraph 

(1); 


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(ii) use not less than 25 percent of any amounts received to identify and assess non-Federal ølevees within the State¿ levees within the State or regional district or on land of the Indian tribe; 

(iii) submit to the Secretary and Administrator any 

information collected by the øState or Indian tribe¿ 

State, regional district, or Indian tribe in carrying out 

this subsection for inclusion in the national levee safety database; and 

(iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency 

Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.). 

(C) MEASURES TO ASSESS EFFECTIVENESS.— 

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

date of enactment of this subsection, the Administrator shall implement quantifiable performance measures and metrics to assess the effectiveness of the assistance provided in accordance with subparagraph 

(A). 

(ii) CONSIDERATIONS.—In assessing the effectiveness 

of assistance under clause (i), the Administrator shall 

consider the degree to which the øState or tribal¿ 

State, regional, or tribal program— 

(I) ensures that human lives and property that 

are protected by new and existing levees are safe; 

(II) encourages the use of appropriate engineering policies, procedures, and technical practices 

for levee site investigation, design, construction, 

operation and maintenance, inspection, assessment, and emergency preparedness; 

(III) develops and supports public education and 

awareness projects to increase public acceptance 

and support of levee safety programs and provide 

information; 

(IV) builds public awareness of the residual 

risks associated with living in levee protected 

areas; and 

(V) develops technical assistance materials, 

seminars, and guidelines to improve the security 

of levees of the United States. 

(D) MAINTENANCE OF EFFORT.—Technical assistance or 

grants may not be provided to a State under this subsection during a fiscal year unless the State enters into an 

agreement with the Administrator to ensure that the State 

will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that equal or exceed the average annual level of such expenditures for the 

State for the 2 fiscal years preceding that fiscal year. 

(E) AUTHORIZATION OF APPROPRIATIONS.— 

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section $25,000,000 for each of fiscal years 2015 

through 2019. 

(ii) ALLOCATION.—For each fiscal year, amounts 

made available under this subparagraph shall be allocated among the øStates and Indian tribes¿ States, regional districts, and Indian tribes as follows: 

(I) 1⁄3 among øStates and Indian tribes¿ States, 

regional districts, and Indian tribes that qualify 

for assistance under this subsection. 

(II) 2⁄3 among øStates and Indian tribes¿ States, 

regional districts, and Indian tribes that qualify 

for assistance under this subsection, to each such 

øState or Indian tribe¿ State, regional district, or 

Indian tribe in the proportion that— 

(aa) the ømiles of levees in the State¿ miles 

of levees in the State or regional district or on 

the land of the Indian tribe that are listed on 

the inventory of levees; bears to 

(bb) the ømiles of levees in all States¿ miles 

of levees in all States and regional districts 

and on the land of all Indian tribes that are 

in the national levee database. 

(iii) MAXIMUM AMOUNT OF ALLOCATION.—The 

amounts allocated to a øState or Indian tribe¿ State, 

regional district, or Indian tribe under this subparagraph shall not exceed 50 percent of the reasonable 

cost of implementing the øState or tribal¿ State, regional, or tribal levee safety program. 

(F) PROHIBITION.—No amounts made available to the 

Administrator under this title shall be used for levee construction, rehabilitation, repair, operations, or maintenance. 

(h) LEVEE REHABILITATION ASSISTANCE PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall provide assistance 

to øStates, Indian tribes, and local governments¿ States, regional districts, Indian tribes, and local governments relating 

to addressing flood mitigation activities that result in an overall reduction in flood risk. 

(2) REQUIREMENTS.—To be eligible to receive assistance 

under this subsection, a øState, Indian tribe, or local government¿ State, regional district, Indian tribe, or local government 

shall— 

(A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs; 

(B) have in place a hazard mitigation plan that— 

(i) includes all levee risks; and 

(ii) complies with the Disaster Mitigation Act of 

2000 (Public Law 106–390; 114 Stat. 1552); 

(C) submit to the Secretary an application at such time, 

in such manner, and containing such information as the 

Secretary may require; 

(D) commit to provide normal operation and maintenance of the project for the 50 year-period following completion of rehabilitation; and 


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(E) comply with such minimum eligibility requirements 

as the Secretary, in consultation with the committee, may 

establish to ensure that each owner and operator of a levee 

under a participating øState or tribal¿ State, regional, or 

tribal levee safety program— 

(i) acts in accordance with the guidelines developed 

under subsection (c); and 

(ii) carries out activities relating to the public in the 

leveed area in accordance with the hazard mitigation 

plan described in subparagraph (B). 

(3) FLOODPLAIN MANAGEMENT PLANS.— (A) IN GENERAL.—Not later than 1 year after the date of 

execution of a project agreement for assistance under this 

subsection, a øState, Indian tribe, or local government¿ 

State, regional district, Indian tribe, or local government 

shall prepare a floodplain management plan in accordance 

with the guidelines under subparagraph (D) to reduce the 

impacts of future flood events in each applicable leveed 

area. 

(B) INCLUSIONS.—A plan under subparagraph (A) shall 

address— 

(i) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area; 

(ii) plans for flood fighting and evacuation; and 

(iii) public education and awareness of flood risks. 

(C) IMPLEMENTATION.—Not later than 1 year after the 

date of completion of construction of the applicable project, 

a floodplain management plan prepared under subparagraph (A) shall be implemented. 

(D) GUIDELINES.—Not later than ø180 days after the 

date of enactment of this subsection¿ 180 days after the 

date of enactment of the Water Resources Development Act 

of 2016, the Secretary, in consultation with the Administrator, shall develop such guidelines for the preparation of 

floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate. 

(E) TECHNICAL SUPPORT.—The Secretary may provide 

technical support for the development and implementation 

of floodplain management plans prepared under this paragraph. 

(4) USE OF FUNDS.— 

(A) IN GENERAL.—Assistance provided under this subsection may be used— 

(i) for any rehabilitation activity to maximize overall 

risk reduction associated with a levee under a participating øState or tribal¿ State, regional, or tribal levee 

safety program; and 

(ii) only for a levee that is not federally operated 

and maintained. 

(B) PROHIBITION.—Assistance provided under this subsection shall not be used— 

(i) to perform routine operation or maintenance for 

a levee; or 


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(ii) to make any modification to a levee that does not 

result in an improvement to public safety. 

(5) NO PROPRIETARY INTEREST.—A contract for assistance 

provided under this subsection shall not be considered to confer any proprietary interest on the United States. 

(6) COST SHARE.—The maximum Federal share of the cost of 

any assistance provided under this subsection shall be 65 percent. 

(7) PROJECT LIMIT.—The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000. 

(8) LIMITATION.—A project shall not receive Federal assistance under this subsection more than 1 time. 

(9) FEDERAL INTEREST.—For a project that is not a project eligible for rehabilitation assistance under section 5 of the Act of 

August 18, 1941 (33 U.S.C. 701n), the Secretary shall determine that the proposed rehabilitation is in the Federal interest 

prior to providing assistance for such rehabilitation. 

(10) OTHER LAWS.—Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of 

the Corps of Engineers. 

(i) EFFECT OF SECTION.—Nothing in this section— 

(1) affects the requirement under section 100226(b)(2) of 

Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942); or 

(2) confers any regulatory authority on— 

(A) the Secretary; or 

(B) the Administrator, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). 

SEC. 9006. REPORTS. 

(a) STATE OF LEVEES.— 

(1) IN GENERAL.—Not later than ø1 year after the date of enactment of this subsection¿ 1 year after the date of enactment 

of the Water Resources Development Act of 2016, and biennially 

thereafter, the Secretary in coordination with the committee, 

shall submit to Congress and make publicly available a report 

describing the state of levees in the United States and the effectiveness of the levee safety initiative, including— 

(A) progress achieved in implementing the levee safety 

initiative; 

(B) øState and tribal¿ State, regional, and tribal participation in the levee safety initiative; 

(C) recommendations to improve coordination of levee 

safety, floodplain management, and environmental protection concerns, including— 

(i) identifying and evaluating opportunities to coordinate public safety, floodplain management, and 

environmental protection activities relating to levees; 

and 

(ii) evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and 


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(D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety. 

(2) INCLUSION.—Each report under paragraph (1) shall include a report of the committee that describes the independent 

recommendations of the committee for the implementation of 

the levee safety initiative. 

(b) NATIONAL DAM AND LEVEE SAFETY PROGRAM.—Not later than 

3 years after the date of enactment of this subsection, to the maximum extent practicable, the Secretary and the Administrator, in 

coordination with the committee, shall submit to Congress and 

make publicly available a report that includes recommendations regarding the advisability and feasibility of, and potential approaches 

for, establishing a joint national dam and levee safety program. 

(c) ALIGNMENT OF FEDERAL PROGRAMS RELATING TO LEVEES.— 

Not later than ø2 years after the date of enactment of this subsection¿ 2 years after the date of enactment of the Water Resources 

Development Act of 2016, the Comptroller General of the United 

States shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to øState, tribal, 

and local¿ State, regional, tribal, and local governments and individuals and entities— 

(1) to promote shared responsibility for levee safety; 

(2) to encourage the development of strong øState and tribal¿ State, regional, and tribal levee safety programs; 

(3) to better align the levee safety initiative with other Federal flood risk management programs; and 

(4) to promote increased levee safety through other Federal 

programs providing assistance to øState and local¿ State, regional, tribal, and local governments. 

(d) LIABILITY FOR CERTAIN LEVEE ENGINEERING PROJECTS.—Not 

later than ø1 year after the date of enactment of this subsection¿ 

1 year after the date of enactment of the Water Resources Development Act of 2016, the Secretary shall submit to Congress and make 

publicly available a report that includes recommendations that 

identify and address any legal liability associated with levee engineering projects that prevent— 

(1) levee owners from obtaining needed levee engineering 

services; or 

(2) development and implementation of a øState or tribal¿ 

State, regional, or tribal levee safety program. 

* * * * * * * 

SECTION 156 OF THE WATER RESOURCES 

DEVELOPMENT ACT OF 1976 

SEC. 156. 

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

Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project 

where such nourishment has been authorized for a limited period 

for such additional period as he determines necessary but in no 

event shall such additional period extend beyond the fiftieth year 


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which begins after the date of initiation of construction of such 

project. 

(b) REVIEW.—Notwithstanding subsection (a), the Secretary shall, 

at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 15 additional 

years beyond the maximum period described in subsection (a). 

(c) PLAN FOR REDUCING RISK TO PEOPLE AND PROPERTY.— (1) IN GENERAL.—As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during 

the life of the project. 

(2) INCLUSION OF PLAN IN RECOMMENDATION TO CONGRESS.— The Secretary shall include the plan described in subsection (a) 

in the recommendations to Congress described in subsection 

(d). 

(d) REPORT TO CONGRESS.—Upon completion of the review described in subsection (b), the Secretary shall— 

(1) submit to the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and 

(2) include in the subsequent annual report to Congress required under section 7001 of the Water Resources Reform and 

Development Act of 2014, any recommendations that require 

specific congressional authorization. 

(e) SPECIAL RULE.—Notwithstanding any other provision of this 

section, for any existing authorized water resources development 

project for which the maximum period for nourishment described 

in subsection (a) will expire within the 5 year-period beginning on 

the date of enactment of the Water Resources Reform and Development Act of 2014, that project shall remain eligible for nourishment for an additional ø3¿ 6 years after the expiration of such period. 

SECTION 5 OF THE ACT OF JUNE 22, 1936 

AN ACT Authorizing the construction of certain public works on rivers and harbors 

for flood control, and for other purposes. 

FLOOD CONTROL ACT OF 1936

SEC. 5. That pursuant to the policy outlined in sections 1 and 3, 

the following works of improvement, for the benefit of navigation 

and the control of destructive flood waters and other purposes, are 

hereby adopted and authorized to be prosecuted, in order of their 

emergency as may be designated by the President, under the direction of the Secretary of War and supervision of the Chief of Engineers in accordance with the plans in the respective reports and 

records hereinafter designated: Provided, That penstocks or other 

similar facilities, adapted to possible future use in the development 

of adequate electric power may be installed in any dam herein authorized when approved by the Secretary of War upon the recommendation of the Chief of Engineers. Provided further, That the 

Secretary of War is authorized to receive from States and political 

subdivisions thereof and other non-Federal interests, such funds as 


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may be contributed by them for work, which includes planning and 

design, to be expended in connection with funds appropriated by 

the United States for any authorized water resources development 

study or project, including a project for navigation on the inland 

waterways, whenever such work and expenditure may be considered by the Secretary of War, on recommendation of the Chief of 

Engineers, as advantageous in the public interest, and the plans 

for any reservoir project may, in the discretion of the Secretary of 

War, on recommendation of the Chief of Engineers, be modified to 

provide additional storage capacity for domestic water supply or 

other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that 

the local agencies agree to utilize such additional storage capacity 

in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from 

a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to 

support recreational activities at or in the vicinity of the project, 

at no cost to the Federal Government, if the Secretary determines 

that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes 

of the project: Provided further, That the Secretary is authorized to 

receive and expend funds from a State or a political subdivision 

thereof, and other non-Federal interests, to formulate, review, or revise operational documents for any reservoir for which the Secretary 

is authorized to prescribe regulations for the use of storage allocated 

for flood risk management or navigation pursuant to section 7 of the 

Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 709): 

Provided further, That when contributions made by States and political subdivisions thereof and other non-Federal interests, are in 

excess of the actual cost of the work contemplated and properly 

chargeable to such contributions, such excess contributions may, 

with the approval of the Secretary of War, be returned to the proper representatives of the contributing interests: Provided further, 

That the term ‘‘States’’ means the several States, the District of Columbia, the commonwealths, territories, and possessions of the 

United States, and Federally recognized Indian tribes: Provided 

further, That the term ‘‘non-Federal interest’’ has the meaning 

given that term in section 221 of the Flood Control Act of 1970 (42 

U.S.C. 1962d–5b). 

SECTION 301 OF THE WATER SUPPLY ACT OF 1958 

SEC. 301. (a) It is hereby declared to be the policy of the Congress to recognize the primary responsibilities of the States and 

local interests in developing water supplies for domestic, municipal, 

industrial, and other purposes and that the Federal Government 

should participate and cooperate with States and local interests in 

developing such water supplies in connection with the construction, 

maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects. 

(b) In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation 


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to impound water for present or anticipated future demand or need 

for municipal or industrial water, and the reasonable value thereof 

may be taken into account in estimating the economic value of the 

entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the 

project shall share equitably in the benefits of multiple purpose 

construction, as determined by the Secretary of the Army or the 

Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including 

water supply provisions for present demand is initiated, State or 

local interests shall agree to pay for the cost of such provisions in 

accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to 

anticipated future demands, and, (2) for Bureau of Reclamation 

projects, not to exceed 30 per centum of the total estimated cost of 

any project may be allocated to anticipated future demands where 

State or local interests give reasonable assurances, and there is 

reasonable evidence, that such demands for the use of such storage 

will be made within a period of time which will permit paying out 

the costs allocated to water supply within the life of the project: 

And provided further, That for Corps of Engineers projects, the 

Secretary of the Army may permit the full non-Federal contribution 

to be made, without interest, during construction of the project, or, 

with interest, over a period of not more than thirty years from the 

date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau 

of Reclamation projects, the entire amount of the construction 

costs, including interest during construction, allocated to water 

supply shall be repaid within the life of the project but in no event 

to exceed fifty years after the project is first used for the storage 

of water for water supply purposes, except that (1) no payment 

need be made with respect to storage for future water supply until 

such supply is first used, and (2) no interest shall be charged on 

such cost until such supply is first used, but in no case shall the 

interest-free period exceed ten years. For Corps of Engineers 

projects, all annual operation, maintenance, and replacement costs 

for municipal and industrial water supply storage under the provisions of this section shall be reimbursed from State or local interests on an annual basis. For Corps of Engineers projects, any repayment by a State or local interest shall be made with interest 

at a rate to be determined by the Secretary of the Treasury, taking 

into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to 

maturity comparable to the reimbursement period, during the 

month preceding the fiscal year in which costs for the construction 

of the project are first incurred (or, when a recalculation is made), 

plus a premium of one-eighth of one percentage point for transaction costs. For Bureau of Reclamation projects, the interest rate 

used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary 

of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest 

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lic obligations, which are neither due nor callable for redemption 

for fifteen years from date of issue. The provisions of this subsection insofar as they relate to the Bureau of Reclamation and the 

Secretary of the Interior shall be alternative to and not a substitute for the provisions of the Reclamation Projects Act of 1939 

(53 Stat. 1187) relating to the same subject. 

(c) RELEASE OF FUTURE WATER STORAGE.— 

(1) ESTABLISHMENT OF 10-YEAR PLANS FOR THE UTILIZATION

OF FUTURE STORAGE.— 

(A) IN GENERAL.—For the period beginning 180 days 

after the date of enactment of this paragraph and ending 

on January 1, 2016, the Secretary may accept from a State 

or local interest a plan for the utilization of allocated 

water storage for future use under this Act. 

(B) CONTENTS.—A plan submitted under subparagraph 

(A) shall include— 

(i) a 10-year timetable for the conversion of future 

use storage to present use; and 

(ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted 

to the State or local interest on the date of enactment 

of this paragraph. 

(2) FUTURE WATER STORAGE.—For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph 

(1) may request from the Secretary a release to the United 

States of any right of the State or local interest to future water 

storage under this Act that was allocated for future use water 

supply prior to November 17, 1986. 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—Not later than 180 days after receiving 

a request under paragraph (2), the Secretary shall provide 

to the applicable State or local interest a written decision 

on whether the Secretary recommends releasing future 

water storage rights. 

(B) RECOMMENDATION.—If the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted 

under section 7001 of the Water Resources Reform and Development Act of 2014. 

(4) SAVINGS CLAUSE.—Nothing in this subsection authorizes 

the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress. 

(d) The provisions of this section shall not be construed to modify 

the provisions of section 1 and section 8 of the Flood Control Act 

of 1944 (58 Stat. 887), as amended and extended, or the provisions 

of section 8 of the Reclamation Act of 1902 (32 Stat. 390). 

(e) Modifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage as provided in 

subsection (b), which would seriously affect the purposes for which 

the project was authorized, surveyed, planned, or constructed, or 

which would involve major structural or operational changes shall 


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be made only upon the approval of Congress as now provided by 

law. 

ø(f) The Committees of jurisdiction are very concerned about the 

operation of projects in the Apalachicola-Chattahoochee-Flint River 

System and the Alabama-Coosa-Tallapoosa River System, and further, the Committees of jurisdiction recognize that this ongoing 

water resources dispute raises serious concerns related to the authority of the Secretary of the Army to allocate substantial storage 

at projects to provide local water supply pursuant to the Water 

Supply Act of 1958 absent congressional approval. Interstate water 

disputes of this nature are more properly addressed through interstate water agreements that take into consideration the concerns 

of all affected States including impacts to other authorized uses of 

the projects, water supply for communities and major cities in the 

region, water quality, freshwater flows to communities, rivers, 

lakes, estuaries, and bays located downstream of projects, agricultural uses, economic development, and other appropriate concerns. 

To that end, the Committees of jurisdiction strongly urge the Governors of the affected States to reach agreement on an interstate 

water compact as soon as possible, and we pledge our commitment 

to work with the affected States to ensure prompt consideration 

and approval of any such agreement. Absent such action, the Committees of jurisdiction should consider appropriate legislation to address these matters including any necessary clarifications to the 

Water Supply Act of 1958 or other law. This subsection does not 

alter existing rights or obligations under law.¿ 

ACT OF AUGUST 18, 1941 

AN ACT Authorizing the construction of certain public works on rivers and harbors 

for flood control, and for other purposes. 

SEC. 5. (a)(1) That there is authorized an emergency fund to be 

expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or 

restoration of any flood control work threatened or destroyed by 

flood, including the strengthening, raising, extending, or other 

modification thereof as may be necessary in the discretion of the 

Chief of Engineers for the adequate functioning of the work for 

flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in 

implementation of nonstructural alternatives to the repair or restoration of such flood control work øif requested¿ after consultation 

with the non-Federal sponsor and if requested and agreed to by the 

non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in 

the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and 

property; in the repair and restoration of any federally authorized 

hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary 

nature to the design level of protection when, in the discretion of 

the Chief of Engineers, such repair and restoration is warranted 

for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of 

Engineers may include modifications to the structure or project to 


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104 

address major deficiencies or implement nonstructural alternatives 

to the repair or restoration of the structure øif requested¿ after 

consultation with the non-Federal sponsor and if requested and 

agreed to by the non-Federal sponsor. The emergency fund may 

also be expended for emergency dredging for restoration of authorized project depths for Federal navigable channels and waterways 

made necessary by flood, drought, earthquake, or other natural disasters. In any case in which the Chief of Engineers is otherwise 

performing work under this section in an area for which the Governor of the affected State has requested a determination that an 

emergency exists or a declaration that a major disaster exists 

under the Disaster Relief and Emergency Assistance Act, the Chief 

of Engineers is further authorized to perform on public and private 

lands and waters for a period of ten days following the Governor’s 

request any emergency work made necessary by such emergency or 

disaster which is essential for the preservation of life and property, 

including, but not limited to, channel clearance, emergency shore 

protection, clearance and removal of debris and wreckage endangering public health and safety, and temporary restoration of essential public facilities and services. The Chief of Engineers, in the 

exercise of his discretion, is further authorized to provide emergency supplies of clean water, on such terms as he determines to 

be advisable, to any locality which he finds is confronted with a 

source of contaminated water causing or likely to cause a substantial threat to the public health and welfare of the inhabitants of 

the locality. The appropriation of such moneys for the initial establishment of this fund and for its replenishment on an annual basis, 

is authorized: Provided, That pending the appropriation of sums to 

such emergency fund, the Secretary of the Army may allot, from 

existing flood-control appropriations, such sums as may be necessary for the immediate prosecution of the work herein authorized, such appropriations to be reimbursed from the appropriation 

herein authorized when made. The Chief of Engineers is authorized, in the prosecution of work in connection with rescue operations, or in conducting other flood emergency work, to acquire on 

a rental basis such motor vehicles, including passenger cars and 

buses, as in his discretion are deemed necessary. 

(2) In preparing a cost and benefit feasibility assessment for any 

emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for 

the protection of— 

(A) residential establishments; 

(B) commercial establishments, including the protection of 

inventory; and 

(C) agricultural establishments, including the protection of 

crops. 

(b)(1) The Secretary, upon a written request for assistance under 

this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that (A) as a result of the drought such farmer, rancher, or 

political subdivision has an inadequate supply of water, (B) an adequate supply of water can be made available to such farmer, rancher, or political subdivision through the construction of a well, and 

(C) as a result of the drought such well could not be constructed 

by a private business, the Secretary, subject to paragraph (3) of 


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105 

this subsection, may enter into an agreement with such farmer, 

rancher, or political subdivision for the construction of such well. 

(2) The Secretary, upon a written request for assistance under 

this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that as a result of the drought such farmer, rancher, or political subdivision has an inadequate supply of water and water 

cannot be obtained by such farmer, rancher, or political subdivision, the Secretary may transport water to such farmer, rancher, 

or political subdivision by methods which include, but are not limited to, small-diameter emergency water lines and tank trucks, 

until such time as the Secretary determines that an adequate supply of water is available to such farmer, rancher, or political subdivision. 

(3)(A) Any agreement entered into by the Secretary pursuant to 

paragraph (1) of this subsection shall require the farmer, rancher, 

or political subdivision for whom the well is constructed to pay to 

the United States the reasonable cost of such construction, with interest, over such number of years, not to exceed thirty, as the Secretary deems appropriate. The rate of interest shall be that rate 

which the Secretary determines would apply if the amount to be 

repaid was a loan made pursuant to section 7(b)(2) of the Small 

Business Act. 

(B) The Secretary shall not construct any well pursuant to this 

subsection unless the farmer, rancher, or political subdivision for 

whom the well is being constructed has obtained, prior to construction, all necessary State and local permits. 

(4) The Federal share for the transportation of water pursuant 

to paragraph (2) of this subsection shall be 100 per centum. 

(5) For purposes of this subsection— 

(A) the term ‘‘construction’’ includes construction, reconstruction, or repair; 

(B) the term ‘‘distressed area’’ means an area which the Secretary determines due to drought conditions has an inadequate 

water supply which is causing, or is likely to cause, a substantial threat to the health and welfare of the inhabitants of the 

area including threat of damage or loss of property; 

(C) the term ‘‘political subdivision’’ means a city, town, borough, county, parish, district, association, or other public body 

created by or pursuant to State law and having jurisdiction 

over the water supply of such public body; 

(D) the term ‘‘reasonable cost’’ means the lesser of (i) the cost 

to the Secretary of constructing a well pursuant to this subsection exclusive of the cost of transporting equipment used in 

the construction of wells, or (ii) the cost to a private business 

of constructing such well; 

(E) the term ‘‘Secretary’’ means the Secretary of the Army, 

acting through the Chief of Engineers; and 

(F) the term ‘‘State’’ means a State, the District of Columbia, 

the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 

American Samoa, and the Trust Territory of the Pacific Islands. 

(c) LEVEE OWNERS MANUAL.— 

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

enactment of this subsection, in accordance with chapter 5 of 


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106 

title 5, United States Code, the Secretary of the Army shall 

prepare a manual describing the maintenance and upkeep responsibilities that the Corps of Engineers requires of a nonFederal interest in order for the non-Federal interest to receive 

Federal assistance under this section. The Secretary shall provide a copy of the manual at no cost to each non-Federal interest that is eligible to receive Federal assistance under this section. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $1,000,000 to carry out this subsection. 

(3) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) MAINTENANCE AND UPKEEP.—The term ‘‘maintenance 

and upkeep’’ means all maintenance and general upkeep of 

a levee performed on a regular and consistent basis that 

is not repair and rehabilitation. 

(B) REPAIR AND REHABILITATION.—The term ‘‘repair and 

rehabilitation’’— 

(i) means the repair or rebuilding of a levee or other 

flood control structure, after the structure has been 

damaged by a flood, to the level of protection provided 

by the structure before the flood; but 

(ii) does not include— 

(I) any improvement to the structure; or 

(II) repair or rebuilding described in clause (i) if, 

in the normal course of usage, the structure becomes structurally unsound and is no longer fit to 

provide the level of protection for which the structure was designed. 

* * * * * * * 

ESTUARY RESTORATION ACT OF 2000 

* * * * * * * 

TITLE I—ESTUARY RESTORATION 

* * * * * * * 

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM. 

(a) ESTABLISHMENT.—There is established an estuary habitat restoration program under which the Secretary may carry out estuary 

habitat restoration projects and provide technical assistance 

through the award of contracts and cooperative agreements in accordance with the requirements of this title. 

(b) ORIGIN OF PROJECTS.—A proposed estuary habitat restoration 

project shall originate from a non-Federal interest consistent with 

State or local laws. 

(c) SELECTION OF PROJECTS.— (1) IN GENERAL.—The Secretary shall select estuary habitat 

restoration projects from a list of project proposals submitted 

by the Estuary Habitat Restoration Council under section 

105(b). 


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(2) REQUIRED ELEMENTS.—Each estuary habitat restoration 

project selected by the Secretary must— 

(A) address restoration needs identified in an estuary 

habitat restoration plan; 

(B) be consistent with the estuary habitat restoration 

strategy developed under section 106; 

(C) include a monitoring plan that is consistent with 

standards for monitoring developed under section 107 to 

ensure that short-term and long-term restoration goals are 

achieved; and 

(D) include satisfactory assurance from the non-Federal 

interests proposing the project that the non-Federal interests will have adequate personnel, funding, and authority 

to carry out items of local cooperation and properly maintain the project. 

(3) FACTORS FOR SELECTION OF PROJECTS.—In selecting an 

estuary habitat restoration project, the Secretary shall consider 

the following factors: 

(A) Whether the project is part of an approved Federal 

or State estuary management or habitat restoration plan. 

(B) The technical feasibility of the project. 

(C) The scientific merit of the project. 

(D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local 

government agencies. 

(E) Whether the project fosters public-private partnerships and uses Federal resources to encourage increased 

private sector involvement, including consideration of the 

amount of private funds or in-kind contributions for an estuary habitat restoration activity. 

(F) Whether the project is cost-effective. 

(G) Whether the State in which the non-Federal interest 

is proposing the project has a dedicated source of funding 

to acquire or restore estuary habitat, natural areas, and 

open spaces for the benefit of estuary habitat restoration 

or protection. 

(H) Other factors that the Secretary determines to be 

reasonable and necessary for consideration. 

(4) PRIORITY.—In selecting estuary habitat restoration 

projects to be carried out under this title, the Secretary shall 

give priority consideration to a project if, in addition to meriting selection based on the factors under paragraph (3)— 

(A) the project occurs within a watershed in which there 

is a program being carried out that addresses sources of 

pollution and other activities that otherwise would re-impair the restored habitat; or 

(B) the project includes pilot testing of or a demonstration of an innovative technology or approach having the 

potential for improved cost-effectiveness in estuary habitat 

restoration. 

(d) COST SHARING.— (1) FEDERAL SHARE.— (A) IN GENERAL.—Except as provided in paragraph (2) 

and subsection (e)(2), the Federal share of the cost of an 

estuary habitat restoration project (other than the cost of 


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operation and maintenance of the project) carried out 

under this title shall not exceed 65 percent of such cost. 

(B) MONITORING.— (i) COSTS.—The costs of monitoring an estuary habitat restoration project funded under this title may be 

included in the total cost of the estuary habitat restoration project. 

(ii) GOALS.—The goals of the monitoring shall be— 

(I) to measure the effectiveness of the restoration project; and 

(II) to allow adaptive management to ensure 

project success. 

(2) INNOVATIVE TECHNOLOGY COSTS.—The Federal share of 

the incremental additional cost of including in a project pilot 

testing of or a demonstration of an innovative technology or approach described in subsection (c)(4)(B) shall be 85 percent. 

(3) NON-FEDERAL SHARE.—The non-Federal share of the cost 

of an estuary habitat restoration project carried out under this 

title shall include lands, easements, rights-of-way, and relocations and may include services (including monitoring), or any 

other form of in-kind contribution determined by the Secretary 

to be an appropriate contribution equivalent to the monetary 

amount required for the non-Federal share of the activity. 

(4) OPERATION AND MAINTENANCE.—The non-Federal interests shall be responsible for all costs associated with operating, 

maintaining, replacing, repairing, and rehabilitating all 

projects carried out under this section. 

(e) INTERIM ACTIONS.— (1) IN GENERAL.—Pending completion of the estuary habitat 

restoration strategy to be developed under section 106, the Secretary may take interim actions to carry out an estuary habitat 

restoration activity. 

(2) FEDERAL SHARE.—The Federal share of the cost of an estuary habitat restoration activity before the completion of the 

estuary habitat restoration strategy shall not exceed 25 percent of such cost. 

(f) COOPERATION OF NON-FEDERAL INTERESTS.— (1) IN GENERAL.—The Secretary may not carry out an estuary habitat restoration project until a non-Federal interest has 

entered into a written agreement with the Secretary in which 

the non-Federal interest agrees to— 

(A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines 

appropriate under subsection (d)(3); and 

(B) provide for long-term maintenance and monitoring of 

the project. 

(2) NONGOVERNMENTAL ORGANIZATIONS.—Notwithstanding 

section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

1962d-5b(b)), for any project to be undertaken under this title, 

the Secretary, in consultation and coordination with appropriate State and local governmental agencies and Indian 

tribes, may allow a nongovernmental organization to serve as 

the non-Federal interest for the project. 

(3) PROJECT AGREEMENTS.—For a project carried out under 

this title, the requirements of section 103(j)(1) of the Water ReVerDate Sep 11 2014 05:47 Sep 23, 2016 Jkt 059006 PO 00000 Frm 00108 Fmt 6659 Sfmt 6603 E:\HR\OC\HR785P1.XXX HR785P1

SSpencer on DSK4SPTVN1PROD with REPORTS
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sources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be 

fulfilled by a nongovernmental organization serving as the nonFederal interest for the project pursuant to paragraph (2). 

(g) DELEGATION OF PROJECT IMPLEMENTATION.— (1) IN GENERAL.—In carrying out this title, the Secretary 

may delegate project implementation to another Federal department or agency on a reimbursable basis if the Secretary, 

upon the recommendation of the Council, determines such delegation is appropriate. 

(2) SMALL PROJECTS.— (A) SMALL PROJECT DEFINED.—In this paragraph, the 

term ‘‘small project’’ means a project carried out under this 

title with an estimated Federal cost of less than 

$1,000,000. 

(B) DELEGATION OF PROJECT IMPLEMENTATION.—In carrying out this section, the Secretary, on recommendation of 

the Council, may delegate implementation of a small 

project to— 

(i) the Secretary of the Interior (acting through the 

Director of the United States Fish and Wildlife Service); 

(ii) the Under Secretary for Oceans and Atmosphere 

of the Department of Commerce; 

(iii) the Administrator of the Environmental Protection Agency; or 

(iv) the Secretary of Agriculture. 

(C) FUNDING.—A small project delegated to the head of 

a Federal department or agency under this paragraph may 

be carried out using funds appropriated to the department 

or agency under section 109(a)(1) or other funds available 

to the department or agency. 

(D) AGREEMENTS.—The head of a Federal department or 

agency to which a small project is delegated under this 

paragraph shall enter into an agreement with the nonFederal interest for the project generally in conformance 

with the criteria in subsections (d) and (e). Cooperative 

agreements may be used for any delegated project to allow 

the non-Federal interest to carry out the project on behalf 

of the Federal agency. 

* * * * * * * 

SEC. 109. FUNDING. 

(a) AUTHORIZATION OF APPROPRIATIONS.— 

(1) ESTUARY HABITAT RESTORATION PROJECTS.—There is authorized to be appropriated for carrying out and providing 

technical assistance for estuary habitat restoration projects— 

(A) to the Secretary, $25,000,000 for each of fiscal years 

2008 through ø2012¿ 2021; 

(B) to the Secretary of the Interior (acting through the 

Director of the United States Fish and Wildlife Service), 

$2,500,000 for each of fiscal years 2008 through ø2012¿ 

2021; 

(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through ø2012¿ 2021; 


SSpencer on DSK4SPTVN1PROD with REPORTS
110 

(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 

through ø2012¿ 2021; and 

(E) to the Secretary of Agriculture, $2,500,000 for each 

of fiscal years 2008 through ø2012¿ 2021. Such sums shall remain available until expended. 

(2) MONITORING.—There is authorized to be appropriated to 

the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out 

under this title and other information compiled under section 

107, $1,500,000 for each of fiscal years 2001 through ø2012¿ 

2021. Such sums shall remain available until expended. 

(b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF THE COUNCIL.— 

Not to exceed 3 percent of the amounts appropriated for a fiscal 

year under subsection (a)(1) or $1,500,000, whichever is greater, 

may be used by the Secretary for administration and operation of 

the Council. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1974 

* * * * * * * 

SEC. 22. (a) FEDERAL STATE COOPERATION.— (1) COMPREHENSIVE PLANS.—The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate 

with any State øor other non-Federal interest¿, group of 

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

of States in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems 

located within the boundaries of such State or group of States, 

including plans to comprehensively address water resources 

challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans. 

(2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—At the request of a governmental 

agency or non-Federal interest, the Secretary may provide 

technical assistance to such agency or non-Federal interest 

in managing water resources. 

(B) TYPES OF ASSISTANCE.—Technical assistance under 

this paragraph may include provision and integration of 

hydrologic, economic, and environmental data and analyses. 

(b) FEES.— 

(1) ESTABLISHMENANT AND COLLECTION.—For the purpose of 

recovering 50 percent of the total cost of providing assistance 

pursuant to subsection (a), the Secretary of the Army is authorized to establish appropriate fees, as determined by the 

Secretary, and to collect such fees from States and other nonFederal public bodies to whom assistance is provided under 

subsection (a). 


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111 

(2) CONTRIBUTED FUNDS.—The Secretary may accept and expend funds in excess of the fees established under paragraph 

(1) that are provided by a State or other non-Federal interest 

for assistance under this section. 

(3) IN-KIND SERVICES.—The non-Federal contribution for 

preparation of a plan subject to the cost sharing program 

under this subsection may be made by the provision of services, materials, supplies, or other in-kind services necessary to 

prepare the plan. 

(4) DEPOSIT AND USE.—Fees collected under this 

subsectionshall be deposited into the account in the Treasury 

of theUnited States entitled, ‘‘Contributions and Advances, 

Rivers and Harbors, Corps of Engineers (8862)’’ and shall be 

available untilexpended to carry out this section. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) FEDERAL AND STATE COOPERATION.—There is authorized 

to be appropriated not to exceed $30,000,000 annually to carry 

out subsection (a)(1), except that not more than $5,000,000 in 

Federal funds shall be expended in any one year in any one 

State. The Secretary may allow 2 or more States to combine all 

or a portion of the funds that the Secretary makes available to 

the States in carrying out subsection (a)(1). 

(2) TECHNICAL ASSISTANCE.—There is authorized to be appropriated $15,000,000 annually to carry out subsection (a)(2), of 

which not more than $2,000,000 annually may be used by the 

Secretary to enter into cooperative agreements with nonprofit 

organizations to provide assistance to rural and small communities. 

(d) ANNUAL SUBMISSION OF PROPOSED ACTIVITIES.—Concurrent 

with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal 

year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under 

subsection (a)(1) for that fiscal year. 

(e) For the purposes of this section, the term ‘‘State’’ means 

theseveral States of the United States, Indian tribes, the Commonwealth of PuertoRico, Guam, American Samoa, the Virgin Islands, 

the Commonwealthof the Northern Marianas, and the Trust Territory of thePacific Islands. 

FLOOD CONTROL ACT OF 1970 

SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS. 

(a) COOPERATION OF NON-FEDERAL INTEREST.— (1) IN GENERAL.—After December 31, 1970, the construction 

of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the 

Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal 

interest has entered into a written partnership agreement with 

the Secretary (or, where appropriate, the district engineer for 


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112 

the district in which the project will be carried out) under 

which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or 

the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary 

determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000. 

(2) LIQUIDATED DAMAGES.—A partnership agreement described in paragraph (1) may include a provision for liquidated 

damages in the event of a failure of one or more parties to perform. 

(3) OBLIGATION OF FUTURE APPROPRIATIONS.—In any partnership agreement described in paragraph (1) and entered into by 

a State, or a body politic of the State which derives its powers 

from the State constitution, or a governmental entity created 

by the State legislature, the agreement may reflect that it does 

not obligate future appropriations for such performance and 

payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the 

State or a political subdivision of the State. 

(4) CREDIT FOR IN-KIND CONTRIBUTIONS.— (A) IN GENERAL.—A partnership agreement described in 

paragraph (1) may provide with respect to a project that 

the Secretary shall credit toward the non-Federal share of 

the cost of the project, including a project implemented 

without specific authorization in law or a project under an 

environmental infrastructure assistance program, the 

value of in-kind contributions made by the non-Federal interest, including— 

(i) the costs of planning (including data collection), 

design, management, mitigation, construction, and 

construction services that are provided by the nonFederal interest for implementation of the project; 

(ii) the value of materials or services provided before 

execution of the partnership agreement, including efforts on constructed elements incorporated into the 

project; and 

(iii) the value of materials and services provided 

after execution of the partnership agreement. 

(B) CONDITION.—The Secretary may credit an in-kind 

contribution under subparagraph (A) only if the Secretary 

determines that the material or service provided as an inkind contribution is integral to the project. 

(C) WORK PERFORMED BEFORE PARTNERSHIP AGREEMENT.— 

(i) CONSTRUCTION.— 

(I) IN GENERAL.—In any case in which the nonFederal interest is to receive credit under subparagraph (A) for the cost of construction carried 

out by the non-Federal interest before execution of 

a partnership agreement and that construction 

has not been carried out as of November 8, 2007, 

the Secretary and the non-Federal interest shall 


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enter into an agreement under which the non-Federal interest shall carry out such work and shall 

do so prior to the non-Federal interest initiating 

construction or issuing a written notice to proceed 

for the construction. 

(II) ELIGIBILITY.—Construction that is carried 

out after the execution of an agreement to carry 

out work described in subclause (I) and any design 

activities that are required for that construction, 

even if the design activity is carried out prior to 

the execution of the agreement to carry out work, 

shall be eligible for credit. 

(ii) PLANNING.— 

(I) IN GENERAL.—In any case in which the nonFederal interest is to receive credit under subparagraph (A) for the cost of planning carried out 

by the non-Federal interest before execution of a 

feasibility cost-sharing agreement, the Secretary 

and the non-Federal interest shall enter into an 

agreement under which the non-Federal interest 

shall carry out such work and shall do so prior to 

the non-Federal interest initiating that planning. 

(II) ELIGIBILITY.—Planning that is carried out 

by the non-Federal interest after the execution of 

an agreement to carry out work described in subclause (I) shall be eligible for credit. 

(D) LIMITATIONS.—Credit authorized under this paragraph for a project— 

(i) shall not exceed the non-Federal share of the cost 

of the project; 

(ii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction 

of the project under sections 101(a)(2) and 103(a)(1)(A) 

of the Water Resources Development Act of 1986 (33 

U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of the 

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

2211; 33 U.S.C. 2213); and 

(iii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction 

of the project under sections 101 and 103 of the Water 

Resources Development Act of 1986 (33 U.S.C. 2211; 

33 U.S.C. 2213); and 

(iv) shall not exceed the actual and reasonable costs 

of the materials, services, or other things provided by 

the non-Federal interest, as determined by the Secretary. 

(E) ANALYSIS OF COSTS AND BENEFITS.—In the evaluation 

of the costs and benefits of a project, the Secretary shall 

not consider construction carried out by a non-Federal interest under this subsection as part of the future without 

project condition. 

(F) TRANSFER OF CREDIT BETWEEN SEPARABLE ELEMENTS

OF A PROJECT.—Credit for in-kind contributions provided 

by a non-Federal interest that are in excess of the nonFederal cost share for an authorized separable element of 


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a project may be applied toward the non-Federal cost 

share for a different authorized separable element of the 

same project. 

(G) APPLICATION OF CREDIT.— 

(i) IN GENERAL.—To the extent that credit for inkind contributions, as limited by subparagraph (D), 

and credit for required land, easements, rights-of-way, 

dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other 

than a navigation project, the Secretary, subject to the 

availability of funds, shall enter into a reimbursement 

agreement with the non-Federal interest, which shall 

be in addition to a partnership agreement under subparagraph (A), to reimburse the difference to the nonFederal interest. 

(ii) PRIORITY.—If appropriated funds are insufficient 

to cover the full cost of all requested reimbursement 

agreements under clause (i), the Secretary shall enter 

into reimbursement agreements in the order in which 

requests for such agreements are received. 

(H) APPLICABILITY.— 

(i) IN GENERAL.—This paragraph shall apply to 

water resources projects authorized after November 

16, 1986, including projects initiated after November 

16, 1986, without specific authorization in law, and to 

water resources projects authorized prior to the date of 

enactment of the Water Resources Development Act of 

1986 (Public Law 99–662), if correction of design deficiencies is necessary. 

(ii) AUTHORIZATION AS ADDITION TO OTHER

AUTHORIZATIONS.—The authority of the Secretary to provide credit for in-kind contributions pursuant to this paragraph shall be in 

addition to any other authorization to provide 

credit for in-kind contributions and shall not 

be construed as a limitation on such other authorization. The Secretary shall apply the provisions of this paragraph, in lieu of provisions 

under other crediting authority, only if so requested by the non-Federal interest. 

(b) DEFINITION OF NON-FEDERAL INTEREST.—The term ‘‘non-Federal interest’’ means— 

(1) a legally constituted public body (including a federally 

recognized Indian tribe and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation); or 

(2) a nonprofit entity with the consent of the affected local 

government, 

that has full authority and capability to perform the terms of its 

agreement and to pay damages, if necessary, in the event of failure 

to perform. 

(c) Every agreement entered into pursuant to this section shall 

beenforcible in the appropriate district court of the United States. 


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115 

(d) After commencement of construction of a project, the Chief 

ofEngineers may undertake performance of those items of 

cooperationnecessary to the functioning of the project for its purposes, if he hasfirst notified the non-Federal interest of its failure 

to perform theterms of its agreement and has given such interest 

a reasonable timeafter such notification to so perform. 

(e) DELEGATION OF AUTHORITY.—Not later than June 30, 2008, 

the Secretary shall issue policies and guidelines for partnership 

agreements that delegate to the district engineers, at a minimum— 

(1) the authority to approve any policy in a partnership 

agreement that has appeared in an agreement previously approved by the Secretary; 

(2) the authority to approve any policy in a partnership 

agreement the specific terms of which are dictated by law or 

by a final feasibility study, final environmental impact statement, or other final decision document for a water resources 

project; 

(3) the authority to approve any partnership agreement that 

complies with the policies and guidelines issued by the Secretary; and 

(4) the authority to sign any partnership agreement for any 

water resources project unless, within 30 days of the date of 

authorization of the project, the Secretary notifies the district 

engineer in which the project will be carried out that the Secretary wishes to retain the prerogative to sign the partnership 

agreement for that project. 

(f) REPORT TO CONGRESS.—Not later than 2 years after the date 

of enactment of this subsection, and every year thereafter, the Secretary shall submit to Congress a report detailing the following: 

(1) The number of partnership agreements signed by district 

engineers and the number of partnership agreements signed by 

the Secretary. 

(2) For any partnership agreement signed by the Secretary, 

an explanation of why delegation to the district engineer was 

not appropriate. 

(g) PUBLIC AVAILABILITY.—Not later than 120 days after the date 

of enactment of this subsection, the Chief of Engineers shall— 

(1) ensure that each district engineer has made available to 

the public, including on the Internet, all partnership agreements entered into under this section within the preceding 10 

years and all partnership agreements for water resources 

projects currently being carried out in that district; and 

(2) make each partnership agreement entered into after such 

date of enactment available to the public, including on the 

Internet, not later than 7 days after the date on which such 

agreement is entered into. 

(h) This section shall not apply to any project the construction 

ofwhich was commenced before January 1,1972. 

ACT OF DECEMBER 22, 1944 

AN ACT Authorizing the construction of certain public works on rivers and harbors 

for flood control, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, In connection with 


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the exercise of jurisdiction over the rivers of the Nation through 

the construction of works of improvement, for navigation or flood 

control, as herein authorized, it is declared to be the policy of the 

Congress to recognize the interests and rights of the States in determining the development of the watersheds within their borders 

and likewise their interests and rights in water utilization and control, as herein authorized to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the 

waters of the Nation’s rivers; to facilitate the consideration of 

projects on a basis of comprehensive and coordinated development; 

and to limit the authorization and construction of navigation works 

to those in which a substantial benefit to navigation will be realized therefrom and which can be operated consistently with appropriate and economic use of the waters of such rivers by other users. 

In conformity with this policy: 

(a) Plans, proposals, or reports of the Chief of Engineers, Department of the Army, for any works of improvement for navigation or 

flood control not heretofore or herein authorized, shall be submitted 

to the Congress only upon compliance with the provisions of this 

paragraph (a). Investigations which form the basis of any such 

plans, proposals, or reports shall be conducted in such a manner 

as to give to the affected State or States, during the course of the 

investigations, information developed by the investigations and also 

opportunity for consultation regarding plans and proposals, and, to 

the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in 

whole or part are concerned with the use or control of waters arising west of the ninety-seventh meridian, the Chief of Engineers 

shall give to the Secretary of the Interior, during the course of the 

investigations, information developed by the investigations and also 

opportunity for consultation regarding plans and proposals, and to 

the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. The relations of the Chief 

of Engineers with any State under this paragraph (a) shall be with 

the Governor of the State or such official or agency of the State as 

the Governor may designate. The term ‘‘affected State or States’’ 

shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within 

the drainage basin involved and situated in a State lying wholly or 

in part west of the ninety-eighth meridian; and such of those which 

are east of the ninety-eighth meridian as, in the judgment of the 

Chief of Engineers, will be substantially affected. Such plans, proposals, or reports and related investigations shall be made to the 

end, among other things, of facilitating the coordination of plans for 

the construction and operation of the proposed works with other 

plans involving the waters which would be used or controlled by 

such proposed works. Each report submitting any such plans or 

proposals to the Congress shall set out therein, among other 

things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, submitted by 

the affected States and by the Secretary of the Interior. The Chief 

of Engineers shall transmit a copy of his proposed report to each 

affected State, and, in case the plans or proposals covered by the 

report are concerned with the use or control of waters which rise 

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retary of the Interior. Within 30 days from the date of receipt of 

said proposed report, the written views and recommendations of 

each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of the Army shall 

transmit to the Congress, with such comments and recommendations as he deems appropriate, the proposed report together with 

the submitted views and recommendations of affected States and of 

the Secretary of the Interior. The Secretary of the Army may prepare and make said transmittal any time following said 30-day period. The letter of transmittal and its attachments shall be printed 

as a House or Senate document and shall be made publicly available. 

(b) The use for navigation, in connection with the operation and 

maintenance of such works herein authorized for construction, of 

waters arising in States lying wholly or partly west of the ninetyeighth meridian shall be only such use as does not conflict with 

any beneficial consumptive use, present or future, in States lying 

wholly or partly west of the ninety-eighth meridian, of such waters 

for domestic, municipal, stock water, irrigation, mining, or industrial purposes. 

(c) The Secretary of the Interior, in making investigations of and 

reports on works for irrigation and purposes incidental thereto 

shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of the Army, be subject to the same provisions regarding investigations, plans, proposals, and reports as prescribed in paragraph (a) of this section 

for the Chief of Engineers and the Secretary of the Army. In the 

event a submission of views and recommendations, made by an affected State or by the Secretary of the Army pursuant to said provisions, sets forth objections to the plans or proposals covered by 

the report of the Secretary of the Interior, the proposed works shall 

not be deemed authorized except upon approval by an Act of Congress; and section 9 (a) of the Reclamation Project Act of 1939 (53 

Stat. 1187) and subsection 3 (a) of the Act of August 11, 1939 (53 

Stat. 1418), as amended, are hereby amended accordingly. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1992 

* * * * * * * 

TITLE II—GENERALLY APPLICABLE 

PROVISIONS 

* * * * * * * 

SEC. 213. USE OF DOMESTIC PRODUCTS. 

(a) COMPLIANCE WITH BUY AMERICAN ACT.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary shall ensure that procurements with funds appropriated to carry out this Act are conducted in compliance with 

sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

10a–l0c), popularly known as the ‘‘Buy American Act’’. 


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(2) LIMITATION ON APPLICABILITY.—This subsection shall 

apply only to procurements made for which— 

(A) amounts are authorized by this Act to be made available; and 

(B) solicitations for bids are issued after the date of the 

enactment of this Act. 

(3) REPORTS.—The Secretary shall report to Congress on procurements covered under this subsection of products that are 

not domestic products. 

(4) ANNUAL REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.— 

(A) IN GENERAL.—Not later than 90 days after the last 

day of each fiscal year, the Secretary shall submit to Congress a report on the amount of acquisitions in such fiscal 

year made by the Corps of Engineers for civil works 

projects from entities that manufactured the articles, materials, or supplies outside of the United States. 

(B) CONTENTS.—The report required under subparagraph 

(A) shall indicate, for each acquisition— 

(i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the 

United States; and 

(ii) a summary of the total procurement funds spent 

on goods manufactured in the United States and the 

total procurement funds spent on goods manufactured 

outside of the United States. 

(C) PUBLIC AVAILABILITY.—Not later than 30 days after 

the submission of a report under subparagraph (A), the 

Secretary shall make such report publicly available on the 

agency’s Web site. 

(b) DEFINITIONS.—For the purposes of this section, the term 

′′domestic product′′ means a product— 

(1) that is manufactured or produced in the United States; 

and 

(2) at least 50 percent of the cost of the articles, materials, 

or supplies of which are mined, produced, or manufactured in 

the United States. 

* * * * * * * 

TITLE IV—INFRASTRUCTURE TECHNOLOGY, RESEARCH 

AND DEVELOPMENT 

SEC. 401. INTERNATIONAL OUTREACH PROGRAM. 

ø(a) IN GENERAL.—The Secretary is authorized to engage in activities to inform the United States maritime industry and port authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, 

both inland and deep draft. Such activities may include— 

ø(1) development, monitoring, assessment, and dissemination 

of information about foreign water transportation and port facilities that could significantly improve water transportation in 

the United States; 

ø(2) research, development, training, and other forms of technology transfer and exchange; and 


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ø(3) offering technical services which cannot be readily obtained in the private sector to be incorporated in the proposals 

of port authorities or other water transportation developers if 

the costs for assistance will be recovered under the terms of 

each project.¿ 

(a) AUTHORIZATION.— (1) IN GENERAL.—The Secretary may engage in activities to 

inform the United States of technological innovations abroad 

that could significantly improve water resources development in 

the United States. 

(2) INCLUSIONS.—Activities under paragraph (1) may include— 

(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects 

that could significantly improve water resources development in the United States; 

(B) research, development, training, and other forms of 

technology transfer and exchange; and 

(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered 

under the terms of each project. 

(b) COOPERATION.—The Secretary may carry out the provisions of 

this section in cooperation with Federal departments and agencies, 

State and local agencies, authorities, institutions, corporations 

(profit or nonprofit), foreign governments, or other organizations. 

(c) FUNDING.—The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity 

or organization according to cost-sharing agreements proscribed by 

the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1988 

* * * * * * * 

SEC. 38. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE 

DELAWARE RIVER. 

(a) AREA TO BE DECLARED NON-NAVIGABLE; PUBLIC INTEREST.— 

Unless the Secretary finds, after consultation with local and 

regionalpublic officials (including local and regional public planning 

organizations), that the proposed projects in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below,are 

not in the public interest then, subject to subsections (b) and (c) of 

this section, those portions of the Delaware River, bounded 

anddescribed as follows, are declared to be non-navigable waters of 

theUnited States: 

(1) LIBERTY LANDING.—[Omitted] 

(2) MARINA TOWERS AND WORLD TRADE CENTER-PIER 25

NORTH.—[Omitted] 

(3) MARINE TRADE CENTER-PIER 24 NORTH.—[Omitted] 

(4) NATIONAL SUGAR COMPANY ‘‘SUGAR HOUSE’’.—[Omitted] 

(5) RIVERCENTER.—[Omitted] 


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(b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENT.—The 

declaration under subsection (a) shall apply only to those parts of 

the areas described in subsection (a) of this section which are or 

will be bulk headed and filled or otherwise occupied by permanent 

structures, including marina facilities. All such work is subject to 

all applicable Federal statutes and regulations, including, but not 

necessarily limited to, sections 9 and 10 of the Act of March 3, 1899 

(30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the 

River and Harbors Appropriation Act of 1899, section 404 of the 

Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969. 

(c) EXPIRATION DATE.—If, 20 years from the date of the enactment of this Act, any area or part thereof described in subsection 

(a) ø(except 30 years from such date of enactment, in the case of 

the area or any part thereof described in subsection (a)(5))¿ is not 

bulk headed or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out 

in subsection (b) of this section, or if work in connection with any 

activity permitted in subsection (b) is not commenced within 5 

years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire. Notwithstanding the preceding sentence, the declaration of nonnavigability 

for the area described in subsection (a)(5), or any part thereof, shall 

not expire. 

* * * * * * * 


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