59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–794 

PROVIDING FOR FURTHER CONSIDERATION OF 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; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6094) TO 

PROVIDE FOR A 6-MONTH DELAY IN THE EFFECTIVE DATE OF A RULE 

OF THE DEPARTMENT OF LABOR RELATING TO INCOME THRESHOLDS 

FOR DETERMINING OVERTIME PAY FOR EXECUTIVE, ADMINISTRATIVE, 

PROFESSIONAL, OUTSIDE SALES, AND COMPUTER EMPLOYEES; AND 

PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM SEPTEMBER 

29, 2016, THROUGH NOVEMBER 11, 2016 

SEPTEMBER 27, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. WOODALL, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 897] 

The Committee on Rules, having had under consideration House 

Resolution 897, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for further consideration of H.R. 5303, 

the Water Resources Development Act of 2016, under a structured 

rule. The resolution provides for no further general debate. The 

resolution makes in order only those further amendments printed 

in this report. Each such amendment may be offered only in the 

order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for division of 

the question. The resolution waives all points of order against the 

amendments printed in this report. The resolution provides one 

motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

6094, the Regulatory Relief for Small Businesses, Schools, and 

Nonprofits Act, under a closed rule. The resolution provides one 

hour of debate equally divided and controlled by the chair and 

ranking minority member of the Committee on Education and the 


emcdonald on DSK9F6TC42PROD with HEARING
2 

Workforce. The resolution waives all points of order against consideration of the bill. The resolution provides that the bill shall be 

considered as read. The resolution waives all points of order 

against provisions in the bill. The resolution provides one motion 

to recommit. 

Section 3 of the resolution provides that on any legislative day 

during the period from September 29, 2016, through November 11, 

2016: the Journal of the proceedings of the previous day shall be 

considered as approved; and the Chair may at any time declare the 

House adjourned to meet at a date and time to be announced by 

the Chair in declaring the adjournment. 

Section 4 of the resolution provides that the Speaker may appoint Members to perform the duties of the Chair for the duration 

of the period addressed by section 3. 

Section 5 of the resolution provides that each day during the period addressed by section 3 of the resolution shall not constitute 

calendar days for the purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546). 

Section 6 of the resolution provides that each day during the period addressed by section 3 of the resolution shall not constitute a 

legislative day for purposes of clause 7 of rule XIII (resolutions of 

inquiry). 

Section 7 of the resolution provides that for each day during the 

period addressed by section 3 shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII (motions to 

instruct conferees). 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against the 

amendments to H.R. 5303 printed in this report, the Committee is 

not aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 6094, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 6094, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

SUMMARY OF THE AMENDMENTS TO H.R. 5303 MADE IN ORDER

1. Byrne (AL): Directs the Secretary to coordinate with all Gulf 

States on developing an oyster bed recovery assessment for beds 

that were damaged due to Hurricane Katrina, Deepwater Horizon 

and recent floods, adopting a modified version of the Senate passed 

text. (10 minutes) 

2. Crawford (AR): Clarifies the Water Infrastructure Finance and 

Innovation Act (WIFIA) to make eligible alternative water delivery 

projects aimed at reducing aquifer depletion and makes a technical 

modification that ensures WIFIA financing arrangements take into 

account the total cost of the project. (10 minutes) 

3. Culberson (TX), Green, Al (TX): Directs the Secretary to expedite the Brays Bayou flood mitigation project authorized by item 6 

in section 211(f) of the Water Resources Development Act of 1996. 

(10 minutes) 


emcdonald on DSK9F6TC42PROD with HEARING
3 

4. Farenthold (TX): Provides that no new start or new investment decision shall be required to initiate work on a separable element of an authorized project when contraction of one or more separable elements of that project was initiated previously; it shall be 

considered ongoing work and it should be considered continuation 

of the fully authorized project. (10 minutes) 

5. Johnson, Sam (TX), Sessions (TX), Ratcliffe (TX), Johnson, 

Eddie Bernice (TX): Requires the EPA and Army Corps of Engineers to issue the final federal permit for the Lower Bois d’Arc 

Creek Reservoir Project no later than September 30, 2017. (10 minutes) 

6. Ribble (WI), Nolan (MN), Esty (CT): Provides that in carrying 

out the design, construction, maintenance, repair, and rehabilitation of water resources development projects, including flood risk 

reduction, coastal resiliency, and ecosystem restoration projects, 

the Secretary shall ensure that appropriate consideration is given 

to the use of natural and nature-based features. (10 minutes) 

7. Rogers, Harold (KY): Clarifies that requirements imposed on 

floating cabins used in the Cumberland River Basin cannot be different or more stringent than the requirements imposed on all recreational vessels authorized for use in the Basin. (10 minutes) 

8. Rouzer (NC): Directs the Army Corps of Engineers to work 

with state officials to establish a no wake zone in federal navigation channels when certain criteria are met. (10 minutes) 

9. Meng (NY), Stefanik (NY): Allows the Army Corps of Engineers to pursue projects and technologies that prevent and mitigate 

flood damages associated with ice jams (chunks of ice floating on 

a river that catch on an obstruction such as a bridge piling, rocks 

logs, etc., pile up to form an ice dam, and cause flooding upstream 

from the blockage, and then possibly downstream again when the 

ice finally releases). (10 minutes) 

10. Moore, Gwen (WI): Calls for the Army Corps to conduct a review of its tribal consultation policies and regulations. Provides 

that the Army Corps shall provide for public meetings with Indian 

tribes and other stakeholders and provide a report to Congress on 

the results of the 3 review. (10 minutes) 

11. Peters, Scott (CA): Directs the Secretary to design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained 

by the Corps of Engineers, including research, design, and development of systems and frameworks for response to flood and earthquake events; pre-disaster mitigation measures; lengthening the 

useful life of the infrastructure; and identifying risks due to sea 

level rise. (10 minutes) 

12. Quigley (IL): Expedites the completion of the project for flood 

control, Chicagoland Underflow Plan, Illinois, phase 2. (10 minutes) 

13. Vela (TX), Farenthold (TX): Directs the Secretary of the Army 

to release the interests of the United States in certain tracts of 

land located in Cameron County, Texas, and for other purposes. (10 

minutes) 

14. Huizenga (MI): Makes permanent a set aside of Army Corps 

priority funding for the Great Lakes. (10 minutes) 

15. Joyce (OH): Amends the Clean Water Act to reauthorize the 

Great Lakes Restoration Initiative. (10 minutes) 


emcdonald on DSK9F6TC42PROD with HEARING
4 

16. Bridenstine (OK), Russell (OK): Strengthens language requiring a feasibility study of Tulsa and West Tulsa levees. Prioritizes 

the project if study classifies levee or levee system Class I or Class 

II. (10 minutes) 

17. Courtney (CT): Removes a breakwater in Stonington, Conn. 

as a federally authorized project. (10 minutes) 

18. Newhouse (WA), Heck, Denny (WA), Kilmer (WA), Walden 

(OR): Directs the Chief of Engineers to transfer the human remains 

commonly known as the Kennewick Man or the Ancient One to the 

Washington State Department of Archeology and Historic Preservation, on the condition that the Department disposes of the remains and repatriates the remains to the claimant tribes. (10 minutes) 

19. Kildee (MI), Moolenaar (MI): Authorizes the Secretary to provide additional assistance under section 219 of the Water Resources Development Act of 1992 for certain communities for the 

repair or replacement of public and private infrastructure in any 

State for which the President has declared an emergency under the 

Stafford Act as a result of the presence of chemical, physical, or biological constituents, including lead or other contaminants in the 

eligible system. (10 minutes) 

TEXT OF AMENDMENTS TO H.R. 5303 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BYRNE OF

ALABAMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. GULF COAST OYSTER BED RECOVERY ASSESSMENT. 

(a) DEFINITIONS.—In this section: 

(1) GULF STATES.—The term ‘‘Gulf States’’ means each of the 

States of Alabama, Florida, Louisiana, Mississippi, and Texas. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Army, acting through the Chief of Engineers. 

(b) GULF COAST OYSTER BED RECOVERY ASSESSMENT.—The Secretary, in coordination with the Gulf States, shall conduct an assessment relating to the recovery of oyster beds on the coast of Gulf 

States that were damaged by events including— 

(1) Hurricane Katrina in 2005; 

(2) the Deepwater Horizon oil spill in 2010; and 

(3) floods in 2011 and 2016. 

(c) INCLUSION.—The assessment conducted under subsection (b) 

shall address the beneficial use of dredged material in providing 

substrate for oyster bed development. 

(d) REPORT.—Not later than 180 days after 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 

a report on the assessment conducted under subsection (b). 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRAWFORD

OF ARKANSAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 


emcdonald on DSK9F6TC42PROD with HEARING
5 

SEC. ll. WATER INFRASTRUCTURE FINANCE AND INNOVATION. 

(a) PROJECTS ELIGIBLE FOR ASSISTANCE.—Section 5026(6) of the 

Water Infrastructure Finance and Innovation Act of 2014 (33 

U.S.C. 3905(6)) is amended by striking ‘‘or a water recycling 

project’’ and inserting ‘‘a water recycling project, or a project of the 

Corps of Engineers to provide alternative water supplies to reduce 

aquifer depletion’’. 

(b) CREDIT.—Section 5029(b) of the Water Infrastructure Finance 

and Innovation Act of 2014 (33 U.S.C. 3908(b)) is amended by adding at the end the following: 

‘‘(10) CREDIT.—With respect to a project of the Corps of Engineers to provide alternative water supplies to reduce aquifer 

depletion, any eligible project costs incurred and the value of 

any integral in-kind contributions made before receipt of assistance under this subtitle shall be credited toward the 51 

percent of project costs to be provided by sources of funding 

other than a secured loan under this subtitle (as described in 

paragraph (2)(A)).’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CULBER- SON OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. 1ll. FLOOD MITIGATION AND RIERINE RESTORATION PROGRAM. 

The Secretary shall expedite carrying out the project for flood 

risk management, Brays Bayou, Texas, authorized by item 6 in section 211(f) of the Water Resources Development Act of 1996 (Public 

Law 104–303). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

FARENTHOLD OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title I, add the following: 

SEC. ll. INITIATING WORK ON SEPARABLE ELEMENTS. 

With respect to a water resources development project that has 

received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project— 

(1) no new start or new investment decision shall be required; and 

(2) the work shall be treated as ongoing work. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. 153. LOWER BOIS D’ARC CREEK RESERVOIR PROJECT, FANNIN 

COUNTY, TEXAS. 

(a) FINALIZATION REQUIRED.—Not later than September 30, 2017, 

the Secretary shall finalize all permit decisions and publish all decision documents related to the construction of, impoundment of 

water in, and operation of, the Lower Bois d’Arc Creek Reservoir 

Project, including any associated water transmission facilities, by 


emcdonald on DSK9F6TC42PROD with HEARING
6 

the North Texas Municipal Water District in Fannin County, 

Texas. 

(b) INTERIM REPORT.—Not later than June 30, 2017, the Secretary shall report to Congress on the status of the permit decisions and related documents described in subsection (a) and whether or not the Secretary anticipates being able to meet the deadline 

established in such subsection, including, if applicable, a justification of why the Secretary may fail to meet such deadline. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RIBBLE OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. 1ll. CONSIDERATION OF USE OF NATURAL AND NATURE-BASED 

FEATURE. 

In carrying out the design, construction, maintenance, repair, 

and rehabilitation of development projects, including flood risk reduction, coastal resiliency, and ecosystem restoration projects, the 

Secretary shall ensure that appropriate consideration is given to 

the use of natural and nature-based features. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROGERS OF

KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. RECREATIONAL ACCESS. 

Section 1035 of the Water Resources Reform and Development 

Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) RECREATIONAL ACCESS.—The Secretary shall allow the use of 

a floating cabin on waters under the jurisdiction of the Secretary 

in the Cumberland River basin if— 

‘‘(1) the floating cabin— 

‘‘(A) is in compliance with, and maintained by the owner 

to satisfy the requirements of, regulations for recreational 

vessels, including health and safety standards, issued 

under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act (33 

U.S.C. 1322); and 

‘‘(B) is located at a marina leased by the Corps of Engineers; and 

‘‘(2) the Secretary has authorized the use of recreational vessels on such waters.’’; and 

(2) by adding at the end the following: 

‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

‘‘(1) IN GENERAL.—Nothing in this section may be construed 

to authorize the Secretary to impose requirements on a floating 

cabin or on any facility that serves a floating cabin, including 

marinas or docks located on waters under the jurisdiction of 

the Secretary in the Cumberland River basin, that are different or more stringent than the requirements imposed on all 

recreational vessels authorized to use such waters. 

‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply: 


emcdonald on DSK9F6TC42PROD with HEARING
7 

‘‘(A) VESSEL.—The term ‘vessel’ has the meaning given 

that term in section 3 of title 1, United States Code. 

‘‘(B) REQUIREMENT.—The term ‘requirement’ includes a 

requirement imposed through the utilization of guidance.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROUZER OF

NORTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. NO WAKE ZONES FOR VESSELS. 

(a) IN GENERAL.—The Secretary shall work with State and local 

officials to establish a no wake zone for vessels in a covered navigation channel if— 

(1) State or local law enforcement officers have documented 

that there exist safety hazards that are a direct result of excessive wakes in the channel; 

(2) a State law has been enacted to establish a no wake zone 

for the channel or waters adjacent to the channel; and 

(3) the no wake zone complies with any recommendation 

made by the Commandant of the Coast Guard to ensure the 

safety of vessels operating in the zone and the safety of the 

passengers and crew aboard such vessels. 

(b) EXCEPTION.—A no wake zone established pursuant to this 

section shall not apply to the operation of a towing vessel, as defined in section 2101 of title 46, United States Code. 

(c) COVERED NAVIGATION CHANNEL.—In this section, the term 

‘‘covered navigation channel’’ means a navigation channel that— 

(1) is federally marked or maintained; 

(2) is part of the Atlantic Intracoastal Waterway; and 

(3) is adjacent to a marina. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. lll. ICE JAM PREVENTION AND MITIGATION. 

(a) IN GENERAL.—The Secretary may carry out projects under 

section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural 

and nonstructural technologies and measures for preventing and 

mitigating flood damages associated with ice jams. 

(b) INCLUSION.—The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with— 

(1) the Cold Regions Research and Engineering Laboratory of 

the Corps of Engineers; 

(2) universities; 

(3) Federal, State, and local agencies; and 

(4) private organizations. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE

OF WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 


emcdonald on DSK9F6TC42PROD with HEARING
8 

SEC. lll. TRIBAL CONSULTATION. 

(a) REVIEW.—Not later than 60 days after the date of enactment 

of this Act, the Secretary shall begin a review of the policies, regulations, and guidance related to conducting meaningful consultation with Indian tribes regarding Corps of Engineers flood control, 

environmental restoration, and other projects or requiring the 

Corps of Engineers to approve a permit that may have an impact 

on tribal cultural or natural resources. 

(b) CONTENTS.—The review required under subsection (a) shall 

examine and assess the following: 

(1) How tribal consultation rules apply to the permitting 

process, especially for projects not on tribal lands but which 

may still be continguous to such lands or affect tribal cultural 

and natural resources. 

(2) How the Corps of Engineers defines meaningful consultation. 

(3) Whether the current process adequately considers tribal 

interests including environmental, social, health and well-being 

of tribal members. 

(4) How the Corps of Engineers informs tribes that it will not 

consider concerns or alternatives raised during the consultation process. 

(5) How the Corps of Engineers determines a project’s impact 

on tribal communities including the Corps ability to protect 

cultural and natural resources such as water. 

(6) The specific situations by which tribes have access to 

high level Corps of Engineers officials such as the Assistant 

Secretary of the Army (Civil Works) and the Chief of Engineers 

to dispute or otherwise direct concerns about pending Corps of 

Engineers projects or permits, including examples of instances 

in which the Corps of Engineers provided such access as part 

of its consultation with a tribe regarding a particular project. 

(7) The role of headquarters in overseeing tribal consultation 

being done at the District and Division levels. 

(8) The effectiveness of the dispute resolution process that 

has been developed to elevate tribal concerns to higher levels 

of Corps of Engineers oversight and review. 

(9) Whether the Corps should undertake a rulemaking process related to its tribal consultation policies and procedures. 

(c) CONSULTATION.—In completing the review required under 

subsection (a), the Secretary shall provide for public and private 

meetings with Indian tribes and other stakeholders. 

(d) REPORT.—Not later than 1 year after beginning the review 

under subsection (a), the Secretary shall submit to Congress, and 

publish in the Federal Register, a report on— 

(1) the results of the review; 

(2) any proposed changes to the tribal consultation policies 

determined necessary as a result of the review; and 

(3) if the Secretary determines that no changes to the tribal 

consultation policies are necessary, the justification for such 

determination. 


emcdonald on DSK9F6TC42PROD with HEARING
9 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. lll. STRUCTURAL HEALTH MONITORING. 

(a) IN GENERAL.—The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of 

Engineers, including research, design, and development of systems 

and frameworks for— 

(1) response to flood and earthquake events; 

(2) pre-disaster mitigation measures; 

(3) lengthening the useful life of the infrastructure; and 

(4) identifying risks due to sea level rise. 

(b) CONSULTATION AND CONSIDERATION.—In developing the program under subsection (a), the Secretary shall— 

(1) consult with academic and other experts; and 

(2) consider models for maintenance and repair information, 

the development of degradation models for real-time measurements and environmental inputs, and research on qualitative 

inspection data as surrogate sensors. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. EXPEDITED COMPLETION OF AUTHORIZED PROJECT FOR 

FLOOD CONTROL. 

The Secretary shall expedite the completion of the project for 

flood control, Chicagoland Underflow Plan, Illinois, phase 2, as authorized by section 3(a)(5) of the Water Resources Development Act 

of 1988 (Public Law 100–676; 102 Stat. 4013) and modified by section 319 of the Water Resources Development Act of 1996 (Public 

Law 104–303; 110 Stat. 3715) and section 501 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 

334). 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. CAMERON COUNTY, TEXAS. 

(a) RELEASE.—As soon as practicable after the date of enactment 

of this Act, the Secretary shall execute and file in the appropriate 

office a deed of release, amended deed, or other appropriate instrument effectuating the release of the interests of the United States 

in certain tracts of land located in Cameron County, Texas, as described in subsection (e). 

(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require that any release under this section be subject to such additional terms and conditions as the Secretary considers appropriate 

and necessary to protect the interests of the United States. 

(c) COSTS OF CONVEYANCE.—The Brownsville Navigation District 

shall be responsible for all reasonable and necessary costs, includVerDate Sep 11 2014 06:58 Sep 28, 2016 Jkt 059008 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR794.XXX HR794

emcdonald on DSK9F6TC42PROD with HEARING
10 

ing real estate transaction and environmental documentation costs, 

associated with the releases. 

(d) DESCRIPTION.—The Secretary shall release all or portions of 

the interests in the following tracts as determined by a survey to 

be paid for by the Brownsville Navigation District, that is satisfactory to the Secretary: 

(1) Tract No. 1: Being approximately 1,277.80 acres as conveyed by the Brownsville Navigation District of Cameron 

County, Texas, to the United States by instrument dated September 22, 1932, and recorded at volume 238, pages 578 

through 580, in the Deed Records of Cameron County, Texas, 

to be released and abandoned in its entirety, save and except 

the approximately 347.40 acres. 

(2) Tract No. 2: Being approximately 842.28 acres as condemned by the United States by the Final Report of Commissioners dated May 6, 1938, and recorded at volume 281, pages 

486 through 488, in the Deed Records of Cameron County, 

Texas, to be released and abandoned in its entirety, save and 

except approximately 158.14 acres comprised of an approximately 500 ft. wide strip centered on the centerline of the 

Brownsville Ship Channel. 

(3) Tract No. 3: Being approximately 362.00 acres as conveyed by the Manufacturing and Distributing University to the 

United States by instrument dated March 3, 1936, and recorded at volume ‘‘R’’, page 123, in the Miscellaneous Deed 

Records of Cameron County, Texas, to be released and abandoned in its entirety. 

(4) Tract No. 5: Being approximately 10.91 acres as conveyed 

by the Brownsville Navigation District of Cameron County, 

Texas, by instrument dated March 6, 1939, and recorded at 

volume 293, pages 113 through 115, in the Deed Records of 

Cameron County, Texas (said 10.91 acres are identified in said 

instrument as the ‘‘Third Tract’’), to be partially released as to 

the land portion of the tract. 

(5) Tract No. 9: Being approximately 552.82 acres as condemned by the United States by the Final Report of Commissioners dated May 6, 1938, and recorded at volume 281, pages 

483 through 486, in the Deed Records of Cameron County, 

Texas, to be released and abandoned in its entirety, save and 

except approximately 88.04 acres comprised of an approximately 450 ft. wide strip along the new centerline of the 

Brownsville Ship Channel. 

(6) Tract No. 10: Being approximately 325.02 acres as condemned by the United States by the Final Report of Commissioners dated May 7, 1935, and recorded at volume 281, pages 

476 through 483, in the Deed Records of Cameron County, 

Texas, to be released and abandoned in its entirety, save and 

except approximately 61.58 acres comprised of an approximately 500 ft. wide strip centered on the new centerline of the 

Brownsville Ship Channel. 

(7) Tract No. 11: Being approximately 8.85 acres as conveyed 

by the Brownsville Navigation District of Cameron County, 

Texas, to the United States by instrument dated January 23, 

1939, and recorded at volume 293, pages 115 through 118, in 

the Deed Records of Cameron County, Texas (said 8.85 acres 


emcdonald on DSK9F6TC42PROD with HEARING
11 

are identified in said instrument as the ‘‘First Tract’’), to be released and abandoned in its entirety, save and except a narrow 

area along the channel. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUIZENGA

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. ll. GREAT LAKES NAVIGATION SYSTEM. 

Section 210(d)(1)(B) of the Water Resources Development Act of 

1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding 

clause (i) by striking ‘‘For each of fiscal years 2015 through 2024’’ 

and inserting ‘‘For each fiscal year’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOYCE OF

OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. lll. GREAT LAKES RESTORATION INITIATIVE. 

Section 118(c)(7) of the Federal Water Pollution Control Act (33 

U.S.C. 1268(c)(7)) is amended— 

(1) by striking subparagraphs (B) and (C) and inserting the 

following: 

‘‘(B) FOCUS AREAS.—In carrying out the Initiative, the 

Administrator shall prioritize programs and projects, to be 

carried out in coordination with non-Federal partners, that 

address the priority areas described in the Initiative Action Plan, including— 

‘‘(i) the remediation of toxic substances and areas of 

concern; 

‘‘(ii) the prevention and control of invasive species 

and the impacts of invasive species; 

‘‘(iii) the protection and restoration of nearshore 

health and the prevention and mitigation of nonpoint 

source pollution; 

‘‘(iv) habitat and wildlife protection and restoration, 

including wetlands restoration and preservation; and 

‘‘(v) accountability, monitoring, evaluation, communication, and partnership activities. 

‘‘(C) PROJECTS.— 

‘‘(i) IN GENERAL.—In carrying out the Initiative, the 

Administrator shall collaborate with other Federal 

partners, including the Great Lakes Interagency Task 

Force established by Executive Order No. 13340 (69 

Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides— 

‘‘(I) the ability to achieve strategic and measurable environmental outcomes that implement the 

Initiative Action Plan and the Great Lakes Water 

Quality Agreement; 

‘‘(II) the feasibility of— 

‘‘(aa) prompt implementation; 


emcdonald on DSK9F6TC42PROD with HEARING
12 

‘‘(bb) timely achievement of results; and 

‘‘(cc) resource leveraging; and 

‘‘(III) the opportunity to improve interagency, 

intergovernmental, and inter-organizational coordination and collaboration to reduce duplication 

and streamline efforts. 

‘‘(ii) OUTREACH.—In selecting the best combination 

of programs and projects for Great Lakes protection 

and restoration under clause (i), the Administrator 

shall consult with the Great Lakes States and Indian 

tribes and solicit input from other non-Federal stakeholders. 

‘‘(iii) HARMFUL ALGAL BLOOM COORDINATOR.—The 

Administrator shall designate a point person from an 

appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, 

and other non-Federal stakeholders, projects and activities under the Initiative involving harmful algal 

blooms in the Great Lakes.’’; 

(2) in subparagraph (D)— 

(A) by striking clause (i) and inserting the following: 

‘‘(i) IN GENERAL.—Subject to subparagraph (J)(ii), 

funds made available to carry out the Initiative shall 

be used to strategically implement— 

‘‘(I) Federal projects; 

‘‘(II) projects carried out in coordination with 

States, Indian tribes, municipalities, institutions 

of higher education, and other organizations; and 

‘‘(III) operations and activities of the Program 

Office, including remediation of sediment contamination in areas of concern.’’; 

(B) in clause (ii)(I), by striking ‘‘(G)(i)’’ and inserting 

‘‘(J)(i)’’; and 

(C) by inserting after clause (ii) the following: 

‘‘(iii) AGREEMENTS WITH NON-FEDERAL ENTITIES.— 

‘‘(I) IN GENERAL.—The Administrator, or the 

head of any other Federal department or agency 

receiving funds under clause (ii)(I), may make a 

grant to, or otherwise enter into an agreement 

with, a qualified non-Federal entity, as determined by the Administrator or the applicable head 

of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected 

under subparagraph (C), to support the Initiative 

Action Plan or the Great Lakes Water Quality 

Agreement. 

‘‘(II) QUALIFIED NON-FEDERAL ENTITY.—For purposes of this clause, a qualified non-Federal entity 

may include a governmental entity, nonprofit organization, institution, or individual.’’; and 

(3) by striking subparagraphs (E) through (G) and inserting 

the following: 

‘‘(E) SCOPE.— 


emcdonald on DSK9F6TC42PROD with HEARING
13 

‘‘(i) IN GENERAL.—Projects may be carried out under 

the Initiative on multiple levels, including— 

‘‘(I) locally; 

‘‘(II) Great Lakes-wide; or 

‘‘(III) Great Lakes basin-wide. 

‘‘(ii) LIMITATION.—No funds made available to carry 

out the Initiative may be used for any water infrastructure activity (other than a green infrastructure 

project that improves habitat and other ecosystem 

functions in the Great Lakes) for which financial assistance is received— 

‘‘(I) from a State water pollution control revolving fund established under title VI; 

‘‘(II) from a State drinking water revolving loan 

fund established under section 1452 of the Safe 

Drinking Water Act (42 U.S.C. 300j–12); or 

‘‘(III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 

et seq.). 

‘‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES.—Each relevant Federal department or agency shall, to the maximum extent practicable— 

‘‘(i) maintain the base level of funding for the Great 

Lakes activities of that department or agency without 

regard to funding under the Initiative; and 

‘‘(ii) identify new activities and projects to support 

the environmental goals of the Initiative. 

‘‘(G) REVISION OF INITIATIVE ACTION PLAN.— 

‘‘(i) IN GENERAL.—Not less often than once every 5 

years, the Administrator, in conjunction with the 

Great Lakes Interagency Task Force, shall review, and 

revise as appropriate, the Initiative Action Plan to 

guide the activities of the Initiative in addressing the 

restoration and protection of the Great Lakes system. 

‘‘(ii) OUTREACH.—In reviewing and revising the Initiative Action Plan under clause (i), the Administrator 

shall consult with the Great Lakes States and Indian 

tribes and solicit input from other non-Federal stakeholders. 

‘‘(H) MONITORING AND REPORTING.—The Administrator 

shall— 

‘‘(i) establish and maintain a process for monitoring 

and periodically reporting to the public on the 

progress made in implementing the Initiative Action 

Plan; 

‘‘(ii) make information about each project carried out 

under the Initiative Action Plan available on a public 

website; and 

‘‘(iii) provide to the House Committee on Transportation and Infrastructure and the Senate Committee 

on Environment and Public Works a yearly detailed 

description of the progress of the Initiative and 

amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii). 


emcdonald on DSK9F6TC42PROD with HEARING
14 

‘‘(I) INITIATIVE ACTION PLAN DEFINED.—In this paragraph, the term ‘Initiative Action Plan’ means the comprehensive, multi-year action plan for the restoration of 

the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and 

Related Agencies Appropriations Act, 2010 (Public Law 

111–88). 

‘‘(J) FUNDING.— 

‘‘(i) IN GENERAL.—There is authorized to be appropriated to carry out this paragraph $300,000,000 for 

each of fiscal years 2017 through 2021. 

‘‘(ii) LIMITATION.—Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under— 

‘‘(I) this section; 

‘‘(II) the Initiative Action Plan; or 

‘‘(III) the Great Lakes Water Quality Agreement.’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BRIDENSTINE OF OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 72, strike lines 19 through 21. 

At the end of title II, add the following: 

SEC. 2ll. TULSA AND WEST TULSA, ARKANSAS RIVER, OKLAHOMA. 

(1) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of modifying the projects for flood risk 

management, Tulsa and West Tulsa, Oklahoma, authorized by 

section 3 of the Act of August 18, 1941 (55 Stat. 645; chapter 

377). 

(2) REQUIREMENTS.— 

(A) IN GENERAL.—In carrying out the study under paragraph (1), the Secretary shall address project deficiencies, 

uncertainties, and significant data gaps, including material, construction, and subsurface, which render the project 

at risk of overtopping, breaching, or system failure. 

(B) ADDRESSING DEFICIENCIES.—In addressing deficiencies under subparagraph (A), the Secretary shall incorporate current design standards and efficiency improvements, including the replacement of mechanical and electrical components at pumping stations, if the incorporation 

does not significantly change the scope, function, or purpose of the project. 

(3) PRIORITIZATION TO ADDRESS SIGNIFICANT RISKS.—In any 

case in which a levee or levee system (as defined in section 

9002 of the Water Resources Reform and Development Act of 

2007 (33 U.S.C. 3301)) is classified as a Class I or II under the 

levee safety action classification tool developed by the Corps of 

Engineers, the Secretary shall expedite the project for budget 

consideration. 


emcdonald on DSK9F6TC42PROD with HEARING
15 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COURTNEY OF CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following: 

SEC. lll. STONINGTON HARBOR, CONNECTICUT. 

The portion of the project for navigation, Stonington Harbor, 

Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288; 

chapter 73) that consists of the inner stone breakwater that begins 

at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 

degrees west 166.79’ to a point N. 682,165.05, E. 1,231,212.94, running north 69.209 degrees west 380.89’ to a point N. 682,300.25, E. 

1,230,856.86, is no longer authorized as a Federal project beginning 

on the date of enactment of this Act. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

NEWHOUSE OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of title I, add the following: 

SEC. ll. KENNEWICK MAN. 

(a) DEFINITIONS.—In this section: 

(1) CLAIMANT TRIBES.—The term ‘‘claimant tribes’’ means the 

Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce 

Tribe, the Confederated Tribes of the Umatilla Reservation, 

and the Wanapum Band of Priest Rapids. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the Washington State Department of Archaeology and Historic Preservation. 

(3) HUMAN REMAINS.—The term ‘‘human remains’’ means the 

human remains that— 

(A) are known as Kennewick Man or the Ancient One, 

which includes the projectile point lodged in the right 

ilium bone, as well as any residue from previous sampling 

and studies; and 

(B) are part of archaeological collection number 

45BN495. 

(b) TRANSFER.—Notwithstanding any other provision of Federal 

law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, not later than 90 days after the date of enactment of this 

Act, the Secretary, acting through the Chief of Engineers, shall 

transfer the human remains to the Department, on the condition 

that the Department, acting through the State Historic Preservation Officer, disposes of the remains and repatriates the remains to 

claimant tribes. 

(c) TERMS AND CONDITIONS.—The transfer shall be subject to the 

following terms and conditions: 

(1) The release of the human remains to the claimant tribes 

is contingent upon the claimant tribes entering into agreement 

with the Department. 

(2) The claimant tribes are in agreement as to the final burial place of the human remains. 


emcdonald on DSK9F6TC42PROD with HEARING
16 

(3) The claimant tribes are in agreement that the human remains will be buried in the State of Washington. 

(4) The claimant tribes are in agreement that the Department will take custody of the human remains upon the transfer by the Secretary. 

(d) COST.—The Corps of Engineers shall be responsible for any 

costs associated with the transfer. 

(e) LIMITATIONS.— (1) IN GENERAL.—The transfer shall be limited solely to the 

human remains portion of the archaeological collection. 

(2) SECRETARY.—The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection (b) after the date of the transfer. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILDEE

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. 1ll. ADDITIONAL ASSISTANCE. 

Section 219 of the Water Resources Development Act of 1992 

(Public Law 102–580; 106 Stat. 4835) is amended by adding at the 

end the following: 

‘‘(g) ADDITIONAL ASSISTANCE.—Notwithstanding any limitation 

on project purposes identified in subsections (c) or (f), or limitation 

on authorization, the Secretary may provide additional assistance 

under subsection (a), and assistance for construction, to any community identified in subsection (c) or (f), in any State for which the 

President has declared an emergency under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), as a result of the presence of chemical, physical, or biological 

constituents, including lead or other contaminants in the eligible 

system, for the repair or replacement of public and private infrastructure. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the purposes 

under paragraph (g), there is authorized to be appropriated 

$170,000,000 to remain available until expended.’’ 

Æ 


emcdonald on DSK9F6TC42PROD with HEARING