II 

114TH CONGRESS 

2D SESSION H. R. 5303 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2016 

Received 

AN ACT 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Water Resources Development Act of 2016’’. 

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

5 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. Youth service and conservation corps organizations. 

Sec. 103. Navigation safety. 

Sec. 104. Emerging harbors. 

Sec. 105. Federal breakwaters and jetties. 

Sec. 106. Donor ports and energy transfer ports. 

Sec. 107. Remote and subsistence harbors. 

Sec. 108. Beneficial use of dredged material. 

Sec. 109. Reservoir sediment. 

Sec. 110. Contributed funds for reservoir operations. 

Sec. 111. Water supply conservation. 

Sec. 112. Interstate compacts. 

Sec. 113. Nonstructural alternatives. 

Sec. 114. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects. 

Sec. 115. Estuary restoration. 

Sec. 116. Great Lakes fishery and ecosystem restoration. 

Sec. 117. Agreements. 

Sec. 118. Corps of Engineers operation of unmanned aircraft systems. 

Sec. 119. Federal dredge fleet. 

Sec. 120. Corps of Engineers assets. 

Sec. 121. Funding to process permits. 

Sec. 122. Credit in lieu of reimbursement. 

Sec. 123. Clarification of contributions during emergency events. 

Sec. 124. Study of water resources development projects by non-Federal interests. 

Sec. 125. Non-Federal construction of authorized flood damage reduction 

projects. 

Sec. 126. Multistate activities. 

Sec. 127. Regional participation assurance for levee safety activities. 

Sec. 128. Participation of non-Federal interests. 

Sec. 129. Indian tribes. 

Sec. 130. Dissemination of information on the annual report process. 

Sec. 131. Scope of projects. 

Sec. 132. Preliminary feasibility study activities. 

Sec. 133. Post-authorization change reports. 

Sec. 134. Maintenance dredging data. 

Sec. 135. Electronic submission and tracking of permit applications. 

Sec. 136. Data transparency. 

Sec. 137. Backlog prevention. 


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Sec. 138. Quality control. 

Sec. 139. Budget development and prioritization. 

Sec. 140. Use of natural and nature-based features. 

Sec. 141. Annual report on purchase of foreign manufactured articles. 

Sec. 142. Integrated water resources planning. 

Sec. 143. Evaluation of project partnership agreements. 

Sec. 144. Additional measures at donor ports and energy transfer ports. 

Sec. 145. Arctic deep draft port development partnerships. 

Sec. 146. International outreach program. 

Sec. 147. Comprehensive study. 

Sec. 148. Alternative models for managing Inland Waterways Trust Fund. 

Sec. 149. Alternative projects to maintenance dredging. 

Sec. 150. Fish hatcheries. 

Sec. 151. Environmental banks. 

Sec. 152. Cost share requirement. 

Sec. 153. Public access. 

Sec. 154. Tribal displacement. 

Sec. 155. Drought emergencies. 

Sec. 156. GAO study. 

Sec. 157. Work defined. 

Sec. 158. Authorization of federally maintained tributary channels as part of 

channel system. 

Sec. 159. Dam safety repair projects. 

Sec. 160. Expedited completion of authorized project for flood risk management. 

Sec. 161. Review of Benefits. 

Sec. 162. Federal cost limitation of ecosystem restoration costs for certain 

projects. 

Sec. 163. Local flood protection works. 

Sec. 164. Flood mitigation and riverine restoration program. 

Sec. 165. Table Rock Lake, Arkansas and Missouri. 

Sec. 166. Adjustment to cost benefit ratio. 

Sec. 167. Land transfer and trust land for the Muscogee (Creek) Nation. 

Sec. 168. Lake Kemp, Texas. 

Sec. 169. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 170. Corps levees that affect community-owned levees. 

Sec. 171. Corrosion prevention. 

Sec. 172. North Atlantic Coastal Region. 

Sec. 173. Acquisition of beach fill. 

Sec. 174. Prioritization of certain projects. 

Sec. 175. Watercraft Inspection Stations. 

Sec. 176. Gulf coast oyster bed recovery assessment. 

Sec. 177. Water infrastructure finance and innovation. 

Sec. 178. Flood mitigation and rierine restoration program. 

Sec. 179. Initiating work on separable elements. 

Sec. 180. Lower Bois d’Arc Creek Reservoir Project, Fannin County, Texas. 

Sec. 181. Consideration of use of natural and nature-based feature. 

Sec. 182. Recreational access. 

Sec. 183. No wake zones for vessels. 

Sec. 184. Ice jam prevention and mitigation. 

Sec. 185. Tribal consultation. 

Sec. 186. Structural health monitoring. 

Sec. 187. Expedited completion of authorized project for flood control. 

Sec. 188. Cameron County, Texas. 

Sec. 189. Great Lakes Navigation System. 


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Sec. 190. Kennewick Man. 

Sec. 191. Great Lakes Restoration Initiative. 

Sec. 192. Additional assistance. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 

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

Sec. 203. Tulsa and West Tulsa, Arkansas River, Oklahoma. 

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. 

Sec. 313. Stonington Harbor, Connecticut. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

1 SEC. 2. SECRETARY DEFINED. 

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

4 TITLE I—GENERAL PROVISIONS 

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

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

8 (1) The Corps of Engineers constructs projects 

9 for the purposes of navigation, flood control, beach 

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1 mental protection, restoration, and enhancement, 

2 and fish and wildlife mitigation. 

3 (2) The Corps of Engineers is the primary Fed4 eral provider of outdoor recreation in the United 

5 States. 

6 (3) The Corps of Engineers owns and operates 

7 more than 600 dams. 

8 (4) The Corps of Engineers operates and main9 tains 12,000 miles of commercial inland navigation 

10 channels. 

11 (5) The Corps of Engineers manages the dredg12 ing of more than 200,000,000 cubic yards of con13 struction and maintenance dredge material annually. 

14 (6) The Corps of Engineers maintains 926 

15 coastal, Great Lakes, and inland harbors. 

16 (7) The Corps of Engineers restores, creates, 

17 enhances, or preserves tens of thousands of acres of 

18 wetlands annually under the Corps’ Regulatory Pro19 gram. 

20 (8) The Corps of Engineers provides a total 

21 water supply storage capacity of 329,200,000 acre22 feet in major Corps lakes. 

23 (9) The Corps of Engineers owns and operates 

24 24 percent of United States hydropower capacity or 


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1 3 percent of the total electric capacity of the United 

2 States. 

3 (10) The Corps of Engineers supports Army 

4 and Air Force installations. 

5 (11) The Corps of Engineers provides technical 

6 and construction support to more than 100 coun7 tries. 

8 (12) The Corps of Engineers manages an Army 

9 military construction program that carried out ap10 proximately $44,600,000,000 in construction 

11 projects (the largest construction effort since World 

12 War II) between 2006 and 2013. 

13 (13) The Corps of Engineers researches and de14 velops technologies to protect the environment and 

15 enhance quality of life in the United States. 

16 (14) The legislation for authorizing Corps of 

17 Engineers projects is the Water Resources Develop18 ment Act and, between 1986 and 2000, Congress 

19 typically enacted an authorization bill every 2 years. 

20 (15) Since 2000, only 3 Water Resources De21 velopment Acts have been enacted. 

22 (16) In 2014, the Water Resources Reform and 

23 Development Act of 2014 was enacted, which accel24 erated the infrastructure project delivery process, 

25 fostered fiscal responsibility, and strengthened water 


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1 transportation networks to promote the competitive2 ness, prosperity, and economic growth of the United 

3 States. 

4 (17) Section 1001 of the Water Resources Re5 form and Development Act of 2014 (33 U.S.C. 

6 2282c) requires typical Corps of Engineers project 

7 feasibility studies to be completed in 3 years. 

8 (18) Section 7001 of the Water Resources Re9 form and Development Act of 2014 (33 U.S.C. 

10 2282d) requires the Corps of Engineers to submit 

11 annually a Report to Congress on Future Water Re12 sources Development, which ensures projects and ac13 tivities proposed at the local, regional, and State lev14 els are considered for authorization. 

15 (19) Passing Water Resources Development 

16 Acts on a routine basis enables Congress to exercise 

17 oversight, ensures the Corps of Engineers maintains 

18 an appropriately sized portfolio, prevents project 

19 backlog, and keeps United States infrastructure 

20 competitive. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the missions and authorities of the Corps of 

24 Engineers are a unique function that benefits all 

25 Americans; 


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1 (2) water resources development projects are 

2 critical to maintaining economic prosperity, national 

3 security, and environmental protection; 

4 (3) Congress has required timely delivery of 

5 project and study authorization proposals from non6 Federal project sponsors and the Corps of Engi7 neers; and 

8 (4) Congress should consider a Water Re9 sources Development Act at least once every Con10 gress. 

11 SEC. 102. YOUTH SERVICE AND CONSERVATION CORPS OR12 GANIZATIONS. 

13 Section 213 of the Water Resources Development Act 

14 of 2000 (33 U.S.C. 2339) is amended— 

15 (1) by redesignating subsection (c) as sub16 section (d); and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS

20 ORGANIZATIONS.—The Secretary shall, to the maximum 

21 extent practicable, enter into cooperative agreements with 

22 qualified youth service and conservation corps organiza23 tions for services relating to projects under the jurisdiction 

24 of the Secretary and shall do so in a manner that ensures 


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1 the maximum participation and opportunities for such or2 ganizations.’’. 

3 SEC. 103. NAVIGATION SAFETY. 

4 The Secretary shall use section 5 of the Act of March 

5 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to 

6 carry out navigation safety activities at those projects eli7 gible for operation and maintenance under section 204(f) 

8 of the Water Resources Development Act of 1986 (33 

9 U.S.C. 2232(f)). 

10 SEC. 104. EMERGING HARBORS. 

11 Section 210 of the Water Resources Development Act 

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

13 (1) in subsection (c)(3) by striking ‘‘for each of 

14 fiscal years 2015 through 2022’’ and inserting ‘‘for 

15 each fiscal year’’; and 

16 (2) in subsection (d)(1)(A)— 

17 (A) in the matter preceding clause (i) by 

18 striking ‘‘For each of fiscal years 2015 through 

19 2024’’ and inserting ‘‘For each fiscal year’’; 

20 (B) in clause (i) by striking ‘‘90’’ and in21 serting ‘‘Not more than 90’’; and 

22 (C) in clause (ii) by striking ‘‘10’’ and in23 serting ‘‘At least 10’’. 


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1 SEC. 105. FEDERAL BREAKWATERS AND JETTIES. 

2 (a) IN GENERAL.—The Secretary shall, at Federal 

3 expense, establish an inventory and conduct an assessment 

4 of the general structural condition of all Federal break5 waters and jetties protecting harbors and inland harbors 

6 within the United States. 

7 (b) CONTENTS.—The inventory and assessment car8 ried out under subsection (a) shall include— 

9 (1) compiling location information for all Fed10 eral breakwaters and jetties protecting harbors and 

11 inland harbors within the United States; 

12 (2) determining the general structural condition 

13 of each breakwater and jetty; 

14 (3) analyzing the potential risks to navigational 

15 safety, and the impact on the periodic maintenance 

16 dredging needs of protected harbors and inland har17 bors, resulting from the general structural condition 

18 of each breakwater and jetty; and 

19 (4) estimating the costs, for each breakwater 

20 and jetty, to restore or maintain the breakwater or 

21 jetty to authorized levels and the total of all such 

22 costs. 

23 (c) REPORT TO CONGRESS.—Not later than 1 year 

24 after the date of enactment of this Act, the Secretary shall 

25 submit to Congress a report on the results of the inventory 

26 and assessment carried out under subsection (a). 


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1 SEC. 106. DONOR PORTS AND ENERGY TRANSFER PORTS. 

2 Section 2106(a)(2)(B) of the Water Resources Re3 form and Development Act of 2014 (33 U.S.C. 

4 2238c(a)(2)(B)) is amended by striking ‘‘$15,000,000’’ 

5 and inserting ‘‘$5,000,000’’. 

6 SEC. 107. REMOTE AND SUBSISTENCE HARBORS. 

7 Section 2006 of the Water Resources Development 

8 Act of 2007 (33 U.S.C. 2242) is amended— 

9 (1) in subsection (a)(3) by inserting ‘‘in which 

10 the project is located, or the long-term viability of a 

11 community that is located in the region that is 

12 served by the project and that will rely on the 

13 project,’’ after ‘‘community’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (1) by inserting ‘‘and 

16 communities that are located in the region to be 

17 served by the project and that will rely on the 

18 project’’ after ‘‘community’’; 

19 (B) in paragraph (4) by striking ‘‘local 

20 population’’ and inserting ‘‘regional population 

21 to be served by the project’’; and 

22 (C) in paragraph (5) by striking ‘‘commu23 nity’’ and inserting ‘‘local community and com24 munities that are located in the region to be 

25 served by the project and that will rely on the 

26 project’’. 


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1 SEC. 108. BENEFICIAL USE OF DREDGED MATERIAL. 

2 (a) IN GENERAL.—Not later than 90 days after the 

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

4 a pilot program to carry out projects for the beneficial 

5 use of dredged material, including projects for the pur6 poses of— 

7 (1) reducing storm damage to property and in8 frastructure; 

9 (2) promoting public safety; 

10 (3) protecting, restoring, and creating aquatic 

11 ecosystem habitats; 

12 (4) stabilizing stream systems and enhancing 

13 shorelines; 

14 (5) promoting recreation; 

15 (6) supporting risk management adaptation 

16 strategies; and 

17 (7) reducing the costs of dredging and dredged 

18 material placement or disposal, such as projects that 

19 use dredged material for— 

20 (A) construction or fill material; 

21 (B) civic improvement objectives; and 

22 (C) other innovative uses and placement 

23 alternatives that produce public economic or en24 vironmental benefits. 

25 (b) PROJECT SELECTION.—In carrying out the pilot 

26 program, the Secretary shall— 


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1 (1) identify for inclusion in the pilot program 

2 and carry out 10 projects for the beneficial use of 

3 dredged material; 

4 (2) consult with relevant State agencies in se5 lecting projects; and 

6 (3) select projects solely on the basis of— 

7 (A) the environmental, economic, and so8 cial benefits of the projects, including monetary 

9 and nonmonetary benefits; and 

10 (B) the need for a diversity of project 

11 types and geographical project locations. 

12 (c) REGIONAL BENEFICIAL USE TEAMS.— 

13 (1) IN GENERAL.—In carrying out the pilot 

14 program, the Secretary shall establish regional bene15 ficial use teams to identify and assist in the imple16 mentation of projects under the pilot program. 

17 (2) COMPOSITION.— 

18 (A) LEADERSHIP.—For each regional ben19 eficial use team established under paragraph 

20 (1), the Secretary shall appoint the Commander 

21 of the relevant division of the Corps of Engi22 neers to serve as the head of the team. 

23 (B) MEMBERSHIP.—The membership of 

24 each regional beneficial use team shall in25 clude— 


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1 (i) representatives of relevant Corps 

2 of Engineers districts and divisions; 

3 (ii) representatives of relevant State 

4 and local agencies; and 

5 (iii) representatives of Federal agen6 cies and such other entities as the Sec7 retary determines appropriate, consistent 

8 with the purposes of this section. 

9 (d) CONSIDERATIONS.—The Secretary shall carry out 

10 the pilot program in a manner that— 

11 (1) maximizes the beneficial placement of 

12 dredged material from Federal and non-Federal 

13 navigation channels; 

14 (2) incorporates, to the maximum extent prac15 ticable, 2 or more Federal navigation, flood control, 

16 storm damage reduction, or environmental restora17 tion projects; 

18 (3) coordinates the mobilization of dredges and 

19 related equipment, including through the use of such 

20 efficiencies in contracting and environmental permit21 ting as can be implemented under existing laws and 

22 regulations; 

23 (4) fosters Federal, State, and local collabora24 tion; 


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1 (5) implements best practices to maximize the 

2 beneficial use of dredged sand and other sediments; 

3 and 

4 (6) ensures that the use of dredged material is 

5 consistent with all applicable environmental laws. 

6 (e) COST SHARING.—Projects carried out under this 

7 section shall be subject to the cost-sharing requirements 

8 applicable to projects carried out under section 204 of the 

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

10 2326). 

11 (f) REPORT.—Not later than 2 years after the date 

12 of enactment of this Act, and annually thereafter, the Sec13 retary shall submit to the Committee on Environment and 

14 Public Works of the Senate and the Committee on Trans15 portation and Infrastructure of the House of Representa16 tives a report that includes— 

17 (1) a description of the projects selected to be 

18 carried out under the pilot program; 

19 (2) documentation supporting each of the 

20 projects selected; 

21 (3) the findings of regional beneficial use teams 

22 regarding project selection; and 

23 (4) any recommendations of the Secretary or 

24 regional beneficial use teams with respect to the 

25 pilot program. 


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1 (g) TERMINATION.—The pilot program shall termi2 nate after completion of the 10 projects carried out pursu3 ant to subsection (b)(1). 

4 (h) EXEMPTION FROM OTHER STANDARDS.—The 

5 projects carried out under this section shall be carried out 

6 notwithstanding the definition of the term ‘‘Federal stand7 ard’’ in section 335.7 of title 33, Code of Federal Regula8 tions. 

9 (i) CLARIFICATION.—Section 156(e) of the Water 

10 Resources Development Act of 1976 (42 U.S.C. 1962d– 

11 5f(e)) is amended by striking ‘‘3’’ and inserting ‘‘6’’. 

12 SEC. 109. RESERVOIR SEDIMENT. 

13 (a) IN GENERAL.—Section 215 of the Water Re14 sources Development Act of 2000 (33 U.S.C. 2326c) is 

15 amended to read as follows: 

16 ‘‘SEC. 215. RESERVOIR SEDIMENT. 

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

18 the date of enactment of the Water Resources Develop19 ment Act of 2016 and after providing public notice, the 

20 Secretary shall establish, using available funds, a pilot 

21 program to accept services provided by a non-Federal in22 terest or commercial entity for removal of sediment cap23 tured behind a dam owned or operated by the United 

24 States and under the jurisdiction of the Secretary for the 


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1 purpose of restoring the authorized storage capacity of the 

2 project concerned. 

3 ‘‘(b) REQUIREMENTS.—In carrying out this section, 

4 the Secretary shall— 

5 ‘‘(1) review the services of the non-Federal in6 terest or commercial entity to ensure that the serv7 ices are consistent with the authorized purposes of 

8 the project concerned; 

9 ‘‘(2) ensure that the non-Federal interest or 

10 commercial entity will indemnify the United States 

11 for, or has entered into an agreement approved by 

12 the Secretary to address, any adverse impact to the 

13 dam as a result of such services; 

14 ‘‘(3) require the non-Federal interest or com15 mercial entity, prior to initiating the services and 

16 upon completion of the services, to conduct sediment 

17 surveys to determine the pre- and post-services sedi18 ment profile and sediment quality; and 

19 ‘‘(4) limit the number of dams for which serv20 ices are accepted to 10. 

21 ‘‘(c) LIMITATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary may not ac23 cept services under subsection (a) if the Secretary, 

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1 termines that accepting the services is not advan2 tageous to the United States. 

3 ‘‘(2) REPORT TO CONGRESS.—If the Secretary 

4 makes a determination under paragraph (1), the 

5 Secretary shall provide to the Committee on Trans6 portation and Infrastructure of the House of Rep7 resentatives and the Committee on Environment and 

8 Public Works of the Senate written notice describing 

9 the reasoning for the determination. 

10 ‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In ex11 change for providing services under subsection (a), a non12 Federal interest or commercial entity is authorized to re13 tain, use, recycle, sell, or otherwise dispose of any sedi14 ment removed in connection with the services and the 

15 Corps of Engineers may not seek any compensation for 

16 the value of the sediment. 

17 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to ac18 cepting services provided by a non-Federal interest or 

19 commercial entity under this section, the Secretary shall 

20 provide to the Committee on Transportation and Infra21 structure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate 

23 written notice of the acceptance of the services. 

24 ‘‘(f) REPORT TO CONGRESS.—Upon completion of 

25 services at the 10 dams allowed under subsection (b)(4), 


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1 the Secretary shall make publicly available and submit to 

2 the Committee on Transportation and Infrastructure of 

3 the House of Representatives and the Committee on Envi4 ronment and Public Works of the Senate a report docu5 menting the results of the services.’’. 

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

7 in section 1(b) of the Water Resources Development Act 

8 of 2000 is amended by striking the item relating to section 

9 215 and inserting the following: 

‘‘Sec. 215. Reservoir sediment.’’. 

10 SEC. 110. CONTRIBUTED FUNDS FOR RESERVOIR OPER11 ATIONS. 

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

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

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

15 ‘‘Provided further, That the Secretary is authorized to re16 ceive and expend funds from a State or a political subdivi17 sion thereof, and other non-Federal interests, to formu18 late, review, or revise operational documents for any res19 ervoir for which the Secretary is authorized to prescribe 

20 regulations for the use of storage allocated for flood risk 

21 management or navigation pursuant to section 7 of the 

22 Act of December 22, 1944 (58 Stat. 890, chapter 665; 

23 33 U.S.C. 709):’’. 


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1 SEC. 111. WATER SUPPLY CONSERVATION. 

2 (a) IN GENERAL.—In a State in which a drought 

3 emergency has been declared or was in effect during the 

4 1-year period ending on the date of enactment of this Act, 

5 the Secretary is authorized— 

6 (1) to conduct an evaluation for purposes of ap7 proving water supply conservation measures that are 

8 consistent with the authorized purposes of water re9 sources development projects under the jurisdiction 

10 of the Secretary; and 

11 (2) to enter into written agreements pursuant 

12 to section 221 of the Flood Control Act of 1970 (42 

13 U.S.C. 1962d–5b) with non-Federal interests to 

14 carry out the conservation measures approved by 

15 such evaluations. 

16 (b) ELIGIBILITY.—Water supply conservation meas17 ures evaluated under subsection (a) may include the fol18 lowing: 

19 (1) Storm water capture. 

20 (2) Releases for ground water replenishment or 

21 aquifer storage and recovery. 

22 (3) Releases to augment water supply at an23 other Federal or non-Federal storage facility. 

24 (4) Other conservation measures that enhance 

25 usage of a Corps of Engineers project for water sup26 ply. 


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1 (c) COSTS.—A non-Federal interest shall pay only the 

2 separable costs associated with the evaluation, implemen3 tation, operation, and maintenance of an approved water 

4 supply conservation measure, which payments may be ac5 cepted and expended by the Corps of Engineers to cover 

6 such costs. 

7 (d) STATUTORY CONSTRUCTION.—Nothing in this 

8 section may be construed to modify or alter the obligations 

9 of a non-Federal interest under existing or future agree10 ments for— 

11 (1) water supply storage pursuant to section 

12 301 of the Water Supply Act of 1958 (43 U.S.C. 

13 390b); or 

14 (2) surplus water use pursuant to section 6 of 

15 the Act of December 22, 1944 (58 Stat. 890, chap16 ter 665; 33 U.S.C. 708). 

17 (e) LIMITATIONS.—Nothing in this section— 

18 (1) affects, modifies, or changes the authorized 

19 purposes of a Corps of Engineers project; 

20 (2) affects existing Corps of Engineers authori21 ties, including its authorities with respect to naviga22 tion, flood damage reduction, and environmental 

23 protection and restoration; 

24 (3) affects the Corps of Engineers ability to 

25 provide for temporary deviations; 


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1 (4) affects the application of a cost-share re2 quirement under section 101, 102, or 103 of the 

3 Water Resources Development Act of 1986 (33 

4 U.S.C. 2211, 2212, and 2213); 

5 (5) supersedes or modifies any written agree6 ment between the Federal Government and a non7 Federal interest that is in effect on the date of en8 actment of this Act; 

9 (6) supersedes or modifies any amendment to 

10 an existing multistate water control plan, including 

11 those water control plans along the Missouri River 

12 and those water control plans in the Apalachicola13 Chattahoochee-Flint and Alabama-Coosa-Tallapoosa 

14 basins; 

15 (7) affects any water right in existence on the 

16 date of enactment of this Act; or 

17 (8) preempts or affects any State water law or 

18 interstate compact governing water. 

19 SEC. 112. INTERSTATE COMPACTS. 

20 Section 301 of the Water Supply Act of 1958 (43 

21 U.S.C. 390b) is amended by striking subsection (f). 

22 SEC. 113. NONSTRUCTURAL ALTERNATIVES. 

23 Section 5(a)(1) of the Act of August 18, 1941 (55 

24 Stat. 650, chapter 377; 33 U.S.C. 701n(a)(1)), is amend25 ed by striking ‘‘if requested’’ each place it appears and 


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1 inserting ‘‘after consultation with the non-Federal sponsor 

2 and if requested and agreed to’’. 

3 SEC. 114. OPERATION AND MAINTENANCE OF ENVIRON4 MENTAL PROTECTION AND RESTORATION 

5 AND AQUATIC ECOSYSTEM RESTORATION 

6 PROJECTS. 

7 (a) NON-FEDERAL OBLIGATIONS.—Notwithstanding 

8 section 103(j) of the Water Resources Development Act 

9 of 1986 (33 U.S.C. 2213(j)), a non-Federal interest is re10 leased from any obligation to operate and maintain the 

11 nonstructural and nonmechanical components of a water 

12 resources development project carried out for the purposes 

13 of environmental protection and restoration or aquatic 

14 ecosystem restoration, including a project carried out 

15 under section 206 of the Water Resources Development 

16 Act of 1996 (33 U.S.C. 2330) or section 1135 of the 

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

18 2309a), if the Secretary determines that— 

19 (1) the 50-year period that began on the date 

20 on which project construction was completed has 

21 concluded; or 

22 (2) the criteria identified in the guidance issued 

23 under subsection (c) have been met with respect to 

24 the project. 


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1 (b) FEDERAL OBLIGATIONS.—The Secretary is not 

2 responsible for the operation or maintenance of any com3 ponents of a project with respect to which a non-Federal 

4 interest is released from obligations under subsection (a). 

5 (c) GUIDANCE.—In consultation with non-Federal in6 terests, and not later than 1 year after the date of enact7 ment of this Act, the Secretary shall issue guidance that 

8 identifies criteria for determining, using the best available 

9 science, when the purpose of a project for environmental 

10 protection and restoration or aquatic ecosystem restora11 tion has been achieved, including criteria for determining 

12 when a project has resulted in the return of the project 

13 location to a condition where natural hydrologic and eco14 logical functions are the predominant factors in the condi15 tion, functionality, and durability of the location. 

16 SEC. 115. ESTUARY RESTORATION. 

17 (a) PARTICIPATION OF NON-FEDERAL INTERESTS.— 

18 Section 104(f) of the Estuary Restoration Act of 2000 (33 

19 U.S.C. 2903(f)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(3) PROJECT AGREEMENTS.—For a project 

22 carried out under this title, the requirements of sec23 tion 103(j)(1) of the Water Resources Development 

24 Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled 

25 by a nongovernmental organization serving as the 


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1 non-Federal interest for the project pursuant to 

2 paragraph (2).’’. 

3 (b) EXTENSION.—Section 109(a) of the Estuary Res4 toration Act of 2000 (33 U.S.C. 2908(a)) is amended by 

5 striking ‘‘2012’’ each place it appears and inserting 

6 ‘‘2021’’. 

7 SEC. 116. GREAT LAKES FISHERY AND ECOSYSTEM RES8 TORATION. 

9 Section 506(g) of the Water Resources Development 

10 Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed. 

11 SEC. 117. AGREEMENTS. 

12 Section 2036(c) of the Water Resources Development 

13 Act of 2007 (33 U.S.C. 2317b) is repealed. 

14 SEC. 118. CORPS OF ENGINEERS OPERATION OF UN15 MANNED AIRCRAFT SYSTEMS. 

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

17 individual, within the headquarters office of the Corps of 

18 Engineers, who shall serve as the coordinator and prin19 cipal approving official for developing the process and pro20 cedures by which the Corps of Engineers— 

21 (1) operates and maintains small unmanned 

22 aircraft (as defined in section 331 of the FAA Mod23 ernization and Reform Act of 2012 (49 U.S.C. 

24 40101 note)) systems in support of civil works and 


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1 emergency response missions of the Corps of Engi2 neers; and 

3 (2) acquires, applies for, and receives any nec4 essary Federal Aviation Administration authoriza5 tions for such operations and systems. 

6 (b) REQUIREMENTS.—A small unmanned aircraft 

7 system acquired, operated, or maintained for carrying out 

8 the missions specified in subsection (a) shall be operated 

9 in accordance with regulations of the Federal Aviation Ad10 ministration as a civil aircraft or public aircraft, at the 

11 discretion of the Secretary, and shall be exempt from regu12 lations of the Department of Defense, including the De13 partment of the Army, governing such system. 

14 (c) LIMITATION.—A small unmanned aircraft system 

15 acquired, operated, or maintained by the Corps of Engi16 neers is excluded from use by the Department of Defense, 

17 including the Department of the Army, for any mission 

18 of the Department of Defense other than a mission speci19 fied in subsection (a). 

20 SEC. 119. FEDERAL DREDGE FLEET. 

21 (a) STUDY.—The Comptroller General of the United 

22 States shall conduct a study on the costs and benefits of 

23 expanding, reducing, or maintaining the current configu24 ration with respect to the size and makeup of the federally 

25 owned hopper dredge fleet. 


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1 (b) FACTORS.—In carrying out the study, the Comp2 troller General shall evaluate— 

3 (1) the current and anticipated configuration 

4 and capacity of the Federal and private hopper 

5 dredge fleet; 

6 (2) the current and anticipated trends for the 

7 volume and type of dredge work required over the 

8 next 10 years, and the alignment of the size of the 

9 existing Federal and private hopper dredge fleet 

10 with future dredging needs; 

11 (3) available historic data on the costs, effi12 ciency, and time required to initiate and complete 

13 dredging work carried out by Federal and private 

14 hopper dredge fleets, respectively; 

15 (4) whether the requirements of section 3 of the 

16 Act of August 11, 1888 (25 Stat. 423, chapter 860; 

17 33 U.S.C. 622), have any demonstrable impacts on 

18 the factors identified in paragraphs (1) through (3), 

19 and whether such requirements are most economical 

20 and advantageous to the United States; and 

21 (5) other factors that the Comptroller General 

22 determines are necessary to evaluate whether it is 

23 economical and advantageous to the United States 

24 to expand, reduce, or maintain the current configu25 ration of the federally owned hopper dredge fleet. 


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1 (c) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Comptroller General shall 

3 submit to Congress a report on the results of the study. 

4 SEC. 120. CORPS OF ENGINEERS ASSETS. 

5 Section 6002 of the Water Resources Reform and De6 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

7 1349) is amended— 

8 (1) in subsection (a) by striking ‘‘the date of 

9 enactment of this Act’’ and inserting ‘‘the date of 

10 enactment of the Water Resources Development Act 

11 of 2016’’; and 

12 (2) in subsection (b) by adding at the end the 

13 following: 

14 ‘‘(6) The extent to which the property has eco15 nomic, cultural, historic, or recreational significance, 

16 or impacts at the national, State, or local level.’’. 

17 SEC. 121. FUNDING TO PROCESS PERMITS. 

18 Section 214(a) of the Water Resources Development 

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

20 (1) in paragraph (1) by adding at the end the 

21 following: 

22 ‘‘(C) RAILROAD CARRIER.—The term ‘rail23 road carrier’ has the meaning given the term in 

24 section 20102 of title 49, United States Code.’’; 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘or natural gas company’’ 

2 and inserting ‘‘, natural gas company, or rail3 road carrier’’; and 

4 (B) by striking ‘‘or company’’ and insert5 ing ‘‘, company, or carrier’’; 

6 (3) by striking paragraph (3); 

7 (4) by redesignating paragraphs (4) and (5) as 

8 paragraphs (3) and (4), respectively; and 

9 (5) in paragraph (4) (as so redesignated) by 

10 striking ‘‘and natural gas companies’’ and inserting 

11 ‘‘, natural gas companies, and railroad carriers’’. 

12 SEC. 122. CREDIT IN LIEU OF REIMBURSEMENT. 

13 Section 1022 of the Water Resources Reform and De14 velopment Act of 2014 (33 U.S.C. 2225) is amended— 

15 (1) in subsection (a) by striking ‘‘that has been 

16 constructed by a non-Federal interest under section 

17 211 of the Water Resources Development Act of 

18 1996 (33 U.S.C. 701b–13) before the date of enact19 ment of this Act’’ and inserting ‘‘for which a written 

20 agreement with the Corps of Engineers for construc21 tion was finalized on or before December 31, 2014, 

22 under section 211 of the Water Resources Develop23 ment Act of 1996 (33 U.S.C. 701b–13)’’; and 

24 (2) in subsection (b) by striking ‘‘share of the 

25 cost of the non-Federal interest of carrying out 


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1 other flood damage reduction projects or studies’’ 

2 and inserting ‘‘non-Federal share of the cost of car3 rying out other water resources development projects 

4 or studies of the non-Federal interest’’. 

5 SEC. 123. CLARIFICATION OF CONTRIBUTIONS DURING 

6 EMERGENCY EVENTS. 

7 Section 1024(a) of the Water Resources Reform and 

8 Development Act of 2014 (33 U.S.C. 2325a(a)) is amend9 ed by inserting after ‘‘emergency’’ the following: ‘‘, or that 

10 has had or may have an equipment failure (including a 

11 failure caused by a lack of or deferred maintenance),’’. 

12 SEC. 124. STUDY OF WATER RESOURCES DEVELOPMENT 

13 PROJECTS BY NON-FEDERAL INTERESTS. 

14 Section 203 of the Water Resources Development Act 

15 of 1986 (33 U.S.C. 2231) is amended by adding at the 

16 end the following: 

17 ‘‘(e) TECHNICAL ASSISTANCE.—At the request of a 

18 non-Federal interest, the Secretary may provide to the 

19 non-Federal interest technical assistance relating to any 

20 aspect of a feasibility study if the non-Federal interest 

21 contracts with the Secretary to pay all costs of providing 

22 such technical assistance.’’. 


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1 SEC. 125. NON-FEDERAL CONSTRUCTION OF AUTHORIZED 

2 FLOOD DAMAGE REDUCTION PROJECTS. 

3 Section 204(d) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2232(d)) is amended by adding 

5 at the end the following: 

6 ‘‘(5) DISCRETE SEGMENTS.— 

7 ‘‘(A) IN GENERAL.—The Secretary may 

8 authorize credit or reimbursement under this 

9 subsection for a discrete segment of a flood 

10 damage reduction project, or separable element 

11 thereof, before final completion of the project or 

12 separable element if— 

13 ‘‘(i) except as provided in clause (ii), 

14 the Secretary determines that the discrete 

15 segment satisfies the requirements of para16 graphs (1) through (4) in the same man17 ner as the project or separable element; 

18 and 

19 ‘‘(ii) notwithstanding paragraph 

20 (1)(A)(ii), the Secretary determines, before 

21 the approval of the plans under paragraph 

22 (1)(A)(i), that the discrete segment is tech23 nically feasible and environmentally accept24 able. 

25 ‘‘(B) DETERMINATION.—Credit or reim26 bursement may not be made available to a nonVerDate Sep 11 2014 02:21 Sep 30, 2016 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.RDS H5303

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1 Federal interest pursuant to this paragraph 

2 until the Secretary determines that— 

3 ‘‘(i) the construction of the discrete 

4 segment for which credit or reimbursement 

5 is requested is complete; and 

6 ‘‘(ii) the construction is consistent 

7 with the authorization of the applicable 

8 flood damage reduction project, or sepa9 rable element thereof, and the plans ap10 proved under paragraph (1)(A)(i). 

11 ‘‘(C) WRITTEN AGREEMENT.— 

12 ‘‘(i) IN GENERAL.—As part of the 

13 written agreement required under para14 graph (1)(A)(iii), a non-Federal interest to 

15 be eligible for credit or reimbursement 

16 under this paragraph shall— 

17 ‘‘(I) identify any discrete seg18 ment that the non-Federal interest 

19 may carry out; and 

20 ‘‘(II) agree to the completion of 

21 the flood damage reduction project, or 

22 separable element thereof, with re23 spect to which the discrete segment is 

24 a part and establish a timeframe for 

25 such completion. 


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1 ‘‘(ii) REMITTANCE.—If a non-Federal 

2 interest fails to complete a flood damage 

3 reduction project, or separable element 

4 thereof, that it agreed to complete under 

5 clause (i)(II), the non-Federal interest 

6 shall remit any reimbursements received 

7 under this paragraph for a discrete seg8 ment of such project or separable element. 

9 ‘‘(D) DISCRETE SEGMENT DEFINED.—In 

10 this paragraph, the term ‘discrete segment’ 

11 means a physical portion of a flood damage re12 duction project, or separable element thereof— 

13 ‘‘(i) described by a non-Federal inter14 est in a written agreement required under 

15 paragraph (1)(A)(iii); and 

16 ‘‘(ii) that the non-Federal interest can 

17 operate and maintain, independently and 

18 without creating a hazard, in advance of 

19 final completion of the flood damage reduc20 tion project, or separable element there21 of.’’. 

22 SEC. 126. MULTISTATE ACTIVITIES. 

23 Section 22 of the Water Resources Development Act 

24 of 1974 (42 U.S.C. 1962d–16) is amended— 

25 (1) in subsection (a)(1)— 


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1 (A) by striking ‘‘or other non-Federal in2 terest’’ and inserting ‘‘, group of States, or 

3 non-Federal interest’’; 

4 (B) by inserting ‘‘or group of States’’ after 

5 ‘‘working with a State’’; and 

6 (C) by inserting ‘‘or group of States’’ after 

7 ‘‘boundaries of such State’’; and 

8 (2) in subsection (c)(1) by adding at the end 

9 the following: ‘‘The Secretary may allow 2 or more 

10 States to combine all or a portion of the funds that 

11 the Secretary makes available to the States in car12 rying out subsection (a)(1).’’. 

13 SEC. 127. REGIONAL PARTICIPATION ASSURANCE FOR 

14 LEVEE SAFETY ACTIVITIES. 

15 (a) NATIONAL LEVEE SAFETY PROGRAM.—Section 

16 9002 of the Water Resources Development Act of 2007 

17 (33 U.S.C. 3301) is amended— 

18 (1) in paragraph (11) by striking ‘‘State or In19 dian tribe’’ and inserting ‘‘State, regional district, or 

20 Indian tribe’’; 

21 (2) by redesignating paragraphs (12) through 

22 (16) as paragraphs (13) through (17), respectively; 

23 and 

24 (3) by inserting after paragraph (11) the fol25 lowing: 


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1 ‘‘(12) REGIONAL DISTRICT.—The term ‘re2 gional district’ means a subdivision of a State gov3 ernment, or a subdivision of multiple State govern4 ments, that is authorized to acquire, construct, oper5 ate, and maintain projects for the purpose of flood 

6 damage reduction.’’. 

7 (b) INVENTORY AND INSPECTION OF LEVEES.—Sec8 tion 9004 of the Water Resources Development Act of 

9 2007 (33 U.S.C. 3303) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1) by striking ‘‘one year 

12 after the date of enactment of this Act’’ and in13 serting ‘‘1 year after the date of enactment of 

14 the Water Resources Development Act of 

15 2016’’; 

16 (B) in paragraph (2)(A) by striking 

17 ‘‘States, Indian tribes, Federal agencies, and 

18 other entities’’ and inserting ‘‘States, regional 

19 districts, Indian tribes, Federal agencies, and 

20 other entities’’; and 

21 (C) in paragraph (3)— 

22 (i) in the heading for subparagraph 

23 (A) by striking ‘‘FEDERAL, STATE, AND

24 LOCAL’’ and inserting ‘‘FEDERAL, STATE, 

25 REGIONAL, TRIBAL, AND LOCAL’’; and 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘Federal, State, and local’’ and inserting 

3 ‘‘Federal, State, regional, tribal, and 

4 local’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (4)— 

7 (i) in the paragraph heading by strik8 ing ‘‘STATE AND TRIBAL’’ and inserting 

9 ‘‘STATE, REGIONAL, AND TRIBAL’’; and 

10 (ii) by striking ‘‘State or Indian tribe’’ 

11 each place it appears and inserting ‘‘State, 

12 regional district, or Indian tribe’’; and 

13 (B) in paragraph (5)— 

14 (i) by striking ‘‘State or Indian tribe’’ 

15 and inserting ‘‘State, regional district, or 

16 Indian tribe’’; and 

17 (ii) by striking ‘‘chief executive of the 

18 tribal government’’ and inserting ‘‘chief ex19 ecutive of the regional district or tribal 

20 government’’. 

21 (c) LEVEE SAFETY INITIATIVE.—Section 9005 of the 

22 Water Resources Development Act of 2007 (33 U.S.C. 

23 3303a) is amended— 

24 (1) in subsection (c)— 

25 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘1 year after the 

4 date of enactment of this subsection’’ 

5 and inserting ‘‘1 year after the date of 

6 enactment of the Water Resources 

7 Development Act of 2016’’; and 

8 (II) by striking ‘‘State, local, and 

9 tribal governments and organizations’’ 

10 and inserting ‘‘State, regional, local, 

11 and tribal governments and organiza12 tions’’; and 

13 (ii) in subparagraph (A) by striking 

14 ‘‘Federal, State, tribal, and local agencies’’ 

15 and inserting ‘‘Federal, State, regional, 

16 local, and tribal agencies’’; 

17 (B) in paragraph (3)— 

18 (i) in subparagraph (A) by striking 

19 ‘‘State, local, and tribal governments’’ and 

20 inserting ‘‘State, regional, local, and tribal 

21 governments’’; and 

22 (ii) in subparagraph (B) by inserting 

23 ‘‘, regional, or tribal’’ after ‘‘State’’ each 

24 place it appears; and 


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1 (C) in paragraph (5)(A) by striking 

2 ‘‘States, non-Federal interests, and other ap3 propriate stakeholders’’ and inserting ‘‘States, 

4 regional districts, Indian tribes, non-Federal in5 terests, and other appropriate stakeholders’’; 

6 (2) in subsection (e)(1) in the matter preceding 

7 subparagraph (A) by striking ‘‘States, communities, 

8 and levee owners’’ and inserting ‘‘States, regional 

9 districts, Indian tribes, communities, and levee own10 ers’’; 

11 (3) in subsection (g)— 

12 (A) in the subsection heading by striking 

13 ‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, 

14 REGIONAL, AND TRIBAL’’; 

15 (B) in paragraph (1)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘1 year after the 

18 date of enactment of this subsection’’ 

19 and inserting ‘‘1 year after the date of 

20 enactment of the Water Resources 

21 Development Act of 2016’’; and 

22 (II) by striking ‘‘State or tribal’’ 

23 and inserting ‘‘State, regional, or trib24 al’’; and 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘State and Indian 

2 tribe’’ and inserting ‘‘State, regional 

3 district, and Indian tribe’’; and 

4 (II) by striking ‘‘State or Indian 

5 tribe’’ and inserting ‘‘State, regional 

6 district, or Indian tribe’’; and 

7 (C) in paragraph (2)— 

8 (i) in the paragraph heading by strik9 ing ‘‘STATES’’ and inserting ‘‘STATES, RE10 GIONAL DISTRICTS, AND INDIAN TRIBES’’; 

11 (ii) in subparagraph (A) by striking 

12 ‘‘States and Indian tribes’’ and inserting 

13 ‘‘States, regional districts, and Indian 

14 tribes’’; 

15 (iii) in subparagraph (B)— 

16 (I) in the matter preceding clause 

17 (i) by striking ‘‘State or Indian tribe’’ 

18 and inserting ‘‘State, regional district, 

19 or Indian tribe’’; 

20 (II) in clause (ii) by striking 

21 ‘‘levees within the State’’ and insert22 ing ‘‘levees within the State or re23 gional district’’; and 

24 (III) in clause (iii) by striking 

25 ‘‘State or Indian tribe’’ and inserting 


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1 ‘‘State, regional district, or Indian 

2 tribe’’; 

3 (iv) in subparagraph (C)(ii) in the 

4 matter preceding subclause (I) by striking 

5 ‘‘State or tribal’’ and inserting ‘‘State, re6 gional, or tribal’’; and 

7 (v) in subparagraph (E)— 

8 (I) by striking ‘‘States and In9 dian tribes’’ each place it appears and 

10 inserting ‘‘States, regional districts, 

11 and Indian tribes’’; 

12 (II) in clause (ii)(II)— 

13 (aa) in the matter preceding 

14 item (aa) by striking ‘‘State or 

15 Indian tribe’’ and inserting 

16 ‘‘State, regional district, or In17 dian tribe’’; 

18 (bb) in item (aa) by striking 

19 ‘‘miles of levees in the State’’ and 

20 inserting ‘‘miles of levees in the 

21 State or regional district’’; and 

22 (cc) in item (bb) by striking 

23 ‘‘miles of levees in all States’’ 

24 and inserting ‘‘miles of levees in 


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1 all States and regional districts’’; 

2 and 

3 (III) in clause (iii)— 

4 (aa) by striking ‘‘State or 

5 Indian tribe’’ and inserting 

6 ‘‘State, regional district, or In7 dian tribe’’; and 

8 (bb) by striking ‘‘State or 

9 tribal’’ and inserting ‘‘State, re10 gional, or tribal’’; and 

11 (4) in subsection (h)— 

12 (A) in paragraph (1) by striking ‘‘States, 

13 Indian tribes, and local governments’’ and in14 serting ‘‘States, regional districts, Indian tribes, 

15 and local governments’’; 

16 (B) in paragraph (2)— 

17 (i) in the matter preceding subpara18 graph (A) by striking ‘‘State, Indian tribe, 

19 or local government’’ and inserting ‘‘State, 

20 regional district, Indian tribe, or local gov21 ernment’’; and 

22 (ii) in subparagraph (E) in the matter 

23 preceding clause (i) by striking ‘‘State or 

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

25 tribal’’; 


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1 (C) in paragraph (3)— 

2 (i) in subparagraph (A) by striking 

3 ‘‘State, Indian tribe, or local government’’ 

4 and inserting ‘‘State, regional district, In5 dian tribe, or local government’’; and 

6 (ii) in subparagraph (D) by striking 

7 ‘‘180 days after the date of enactment of 

8 this subsection’’ and inserting ‘‘180 days 

9 after the date of enactment of the Water 

10 Resources Development Act of 2016’’; and 

11 (D) in paragraph (4)(A)(i) by striking 

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

13 or tribal’’. 

14 (d) REPORTS.—Section 9006 of the Water Resources 

15 Development Act of 2007 (33 U.S.C. 3303b) is amend16 ed— 

17 (1) in subsection (a)(1)— 

18 (A) in the matter preceding subparagraph 

19 (A) by striking ‘‘1 year after the date of enact20 ment of this subsection’’ and inserting ‘‘1 year 

21 after the date of enactment of the Water Re22 sources Development Act of 2016’’; and 

23 (B) in subparagraph (B) by striking 

24 ‘‘State and tribal’’ and inserting ‘‘State, re25 gional, and tribal’’; 


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1 (2) in subsection (c)— 

2 (A) in the matter preceding paragraph 

3 (1)— 

4 (i) by striking ‘‘2 years after the date 

5 of enactment of this subsection’’ and in6 serting ‘‘2 years after the date of enact7 ment of the Water Resources Development 

8 Act of 2016’’; and 

9 (ii) by striking ‘‘State, tribal, and 

10 local’’ and inserting ‘‘State, regional, trib11 al, and local’’; 

12 (B) in paragraph (2) by striking ‘‘State 

13 and tribal’’ and inserting ‘‘State, regional, and 

14 tribal’’; and 

15 (C) in paragraph (4) by striking ‘‘State 

16 and local’’ and inserting ‘‘State, regional, tribal, 

17 and local’’; and 

18 (3) in subsection (d)— 

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

20 by striking ‘‘1 year after the date of enactment 

21 of this subsection’’ and inserting ‘‘1 year after 

22 the date of enactment of the Water Resources 

23 Development Act of 2016’’; and 


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1 (B) in paragraph (2) by striking ‘‘State or 

2 tribal’’ and inserting ‘‘State, regional, or trib3 al’’. 

4 SEC. 128. PARTICIPATION OF NON-FEDERAL INTERESTS. 

5 Section 221(b)(1) of the Flood Control Act of 1970 

6 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting 

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

8 Settlement Act (43 U.S.C. 1602), a Native village, Re9 gional Corporation, and Village Corporation’’ after ‘‘In10 dian tribe’’. 

11 SEC. 129. INDIAN TRIBES. 

12 Section 1156 of the Water Resources Development 

13 Act of 1986 (33 U.S.C. 2310) is amended— 

14 (1) in the section heading by inserting ‘‘AND

15 INDIAN TRIBES’’ after ‘‘TERRITORIES’’; and 

16 (2) in subsection (a)— 

17 (A) by striking ‘‘projects in American’’ and 

18 inserting ‘‘projects— 

19 ‘‘(1) in American’’; 

20 (B) by striking the period at the end and 

21 inserting ‘‘; and’’; and 

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

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


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1 SEC. 130. DISSEMINATION OF INFORMATION ON THE AN2 NUAL REPORT PROCESS. 

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

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

5 prioritizing, and authorizing vital water resources in6 frastructure activities throughout the United States. 

7 (2) The Water Resources Reform and Develop8 ment Act of 2014 (Public Law 113–121) established 

9 a new and transparent process to review and 

10 prioritize the water resources development activities 

11 of the Corps of Engineers with strong congressional 

12 oversight. 

13 (3) Section 7001 of the Water Resources Re14 form and Development Act of 2014 (33 U.S.C. 

15 2282d) requires the Secretary to develop and submit 

16 to Congress each year a Report to Congress on Fu17 ture Water Resources Development and, as part of 

18 the annual report process, to— 

19 (A) publish a notice in the Federal Reg20 ister that requests from non-Federal interests 

21 proposed feasibility studies and proposed modi22 fications to authorized water resources develop23 ment projects and feasibility studies for inclu24 sion in the report; and 

25 (B) review the proposals submitted and in26 clude in the report those proposed feasibility 


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1 studies and proposed modifications that meet 

2 the criteria for inclusion established under sec3 tion 7001. 

4 (4) Congress will use the information provided 

5 in the annual Report to Congress on Future Water 

6 Resources Development to determine authorization 

7 needs and priorities for purposes of water resources 

8 development legislation. 

9 (5) To ensure that Congress can gain a thor10 ough understanding of the water resources develop11 ment needs and priorities of the United States, it is 

12 important that the Secretary take sufficient steps to 

13 ensure that non-Federal interests are made aware of 

14 the new annual report process, including the need 

15 for non-Federal interests to submit proposals during 

16 the Secretary’s annual request for proposals in order 

17 for such proposals to be eligible for consideration by 

18 Congress. 

19 (b) DISSEMINATION OF PROCESS INFORMATION.— 

20 The Secretary shall develop, support, and implement edu21 cation and awareness efforts for non-Federal interests 

22 with respect to the annual Report to Congress on Future 

23 Water Resources Development required under section 

24 7001 of the Water Resources Reform and Development 

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


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1 (1) develop and disseminate technical assistance 

2 materials, seminars, and guidance on the annual 

3 process as it relates to non-Federal interests; 

4 (2) provide written notice to previous and po5 tential non-Federal interests and local elected offi6 cials on the annual process and on opportunities to 

7 address local water resources challenges through the 

8 missions and authorities of the Corps of Engineers; 

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

10 assist such interests in developing proposals for 

11 water resources development projects that satisfy the 

12 requirements of section 7001; and 

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

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

17 SEC. 131. SCOPE OF PROJECTS. 

18 Section 7001(f) of the Water Resources Reform and 

19 Development Act of 2014 (33 U.S.C. 2282d(f)) is amend20 ed by adding at the end the following: 

21 ‘‘(5) WATER RESOURCES DEVELOPMENT

22 PROJECT.—The term ‘water resources development 

23 project’ includes a project under an environmental 

24 infrastructure assistance program.’’. 


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1 SEC. 132. PRELIMINARY FEASIBILITY STUDY ACTIVITIES. 

2 At the request of a non-Federal interest with respect 

3 to a proposed water resources development project, the 

4 Secretary shall meet with the non-Federal interest, prior 

5 to initiating a feasibility study relating to the proposed 

6 project, to review a preliminary analysis of the Federal 

7 interest in the proposed project and the costs, benefits, 

8 and environmental impacts of the proposed project, includ9 ing an estimate of the costs of preparing a feasibility re10 port. 

11 SEC. 133. POST-AUTHORIZATION CHANGE REPORTS. 

12 (a) IN GENERAL.—The completion of a post-author13 ization change report prepared by the Corps of Engineers 

14 for a water resources development project— 

15 (1) may not be delayed as a result of consider16 ation being given to changes in policy or priority 

17 with respect to project consideration; and 

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

19 (A) the Committee on Environment and 

20 Public Works of the Senate; and 

21 (B) the Committee on Transportation and 

22 Infrastructure of the House of Representatives. 

23 (b) COMPLETION REVIEW.—With respect to a post24 authorization change report subject to review by the Sec25 retary, the Secretary shall, not later than 120 days after 

26 the date of completion of such report— 


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1 (1) review the report; and 

2 (2) provide to Congress any recommendations 

3 of the Secretary regarding modification of the appli4 cable water resources development project. 

5 (c) PRIOR REPORTS.—Not later than 120 days after 

6 the date of enactment of this Act, with respect to any post7 authorization change report that was completed prior to 

8 the date of enactment of this Act and is subject to a review 

9 by the Secretary that has yet to be completed, the Sec10 retary shall complete review of, and provide recommenda11 tions to Congress with respect to, the report. 

12 (d) POST-AUTHORIZATION CHANGE REPORT INCLU13 SIONS.—In this section, the term ‘‘post-authorization 

14 change report’’ includes— 

15 (1) a general reevaluation report; 

16 (2) a limited reevaluation report; and 

17 (3) any other report that recommends the modi18 fication of an authorized water resources develop19 ment project. 

20 SEC. 134. MAINTENANCE DREDGING DATA. 

21 (a) IN GENERAL.—The Secretary shall establish, 

22 maintain, and make publicly available a database on main23 tenance dredging carried out by the Secretary, which shall 

24 include information on maintenance dredging carried out 

25 by Federal and non-Federal vessels. 


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1 (b) SCOPE.—The Secretary shall include in the data2 base maintained under subsection (a), for each mainte3 nance dredging project and contract, data on— 

4 (1) the volume of dredged material removed; 

5 (2) the initial cost estimate of the Corps of En6 gineers; 

7 (3) the total cost; 

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

9 and 

10 (5) the number of private contractor bids re11 ceived and the bid amounts, including bids that did 

12 not win the final contract award. 

13 SEC. 135. ELECTRONIC SUBMISSION AND TRACKING OF 

14 PERMIT APPLICATIONS. 

15 (a) IN GENERAL.—Section 2040 of the Water Re16 sources Development Act of 2007 (33 U.S.C. 2345) is 

17 amended to read as follows: 

18 ‘‘SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF 

19 PERMIT APPLICATIONS. 

20 ‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall re22 search, develop, and implement an electronic system 

23 to allow the electronic preparation and submission of 

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1 tional determinations under the jurisdiction of the 

2 Secretary. 

3 ‘‘(2) INCLUSION.—The electronic system re4 quired under paragraph (1) shall address— 

5 ‘‘(A) applications for standard individual 

6 permits; 

7 ‘‘(B) applications for letters of permission; 

8 ‘‘(C) joint applications with States for 

9 State and Federal permits; 

10 ‘‘(D) applications for emergency permits; 

11 ‘‘(E) applications or requests for jurisdic12 tional determinations; and 

13 ‘‘(F) preconstruction notification submis14 sions, when required for a nationwide or other 

15 general permit. 

16 ‘‘(3) IMPROVING EXISTING DATA SYSTEMS.— 

17 The Secretary shall seek to incorporate the elec18 tronic system required under paragraph (1) into ex19 isting systems and databases of the Corps of Engi20 neers to the maximum extent practicable. 

21 ‘‘(4) PROTECTION OF INFORMATION.—The elec22 tronic system required under paragraph (1) shall 

23 provide for the protection of personal, private, privi24 leged, confidential, and proprietary information, and 


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1 information the disclosure of which is otherwise pro2 hibited by law. 

3 ‘‘(b) SYSTEM REQUIREMENTS.—The electronic sys4 tem required under subsection (a) shall— 

5 ‘‘(1) enable an applicant or requester to prepare 

6 electronically an application for a permit or request; 

7 ‘‘(2) enable an applicant or requester to submit 

8 to the Secretary, by email or other means through 

9 the Internet, the completed application form or re10 quest; 

11 ‘‘(3) enable an applicant or requester to submit 

12 to the Secretary, by email or other means through 

13 the Internet, data and other information in support 

14 of the permit application or request; 

15 ‘‘(4) provide an online interactive guide to pro16 vide assistance to an applicant or requester at any 

17 time while filling out the permit application or re18 quest; and 

19 ‘‘(5) enable an applicant or requester (or a des20 ignated agent) to track the status of a permit appli21 cation or request in a manner that will— 

22 ‘‘(A) allow the applicant or requester to 

23 determine whether the application is pending or 

24 final and the disposition of the request; 


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1 ‘‘(B) allow the applicant or requester to re2 search previously submitted permit applications 

3 and requests within a given geographic area 

4 and the results of such applications or requests; 

5 and 

6 ‘‘(C) allow identification and display of the 

7 location of the activities subject to a permit or 

8 request through a map-based interface. 

9 ‘‘(c) DOCUMENTATION.—All permit decisions and ju10 risdictional determinations made by the Secretary shall be 

11 in writing and include documentation supporting the basis 

12 for the decision or determination. The Secretary shall pre13 scribe means for documenting all decisions or determina14 tions to be made by the Secretary. 

15 ‘‘(d) RECORD OF DETERMINATIONS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall main17 tain, for a minimum of 5 years, a record of all per18 mit decisions and jurisdictional determinations made 

19 by the Secretary, including documentation sup20 porting the basis of the decisions and determina21 tions. 

22 ‘‘(2) ARCHIVING OF INFORMATION.—The Sec23 retary shall explore and implement an appropriate 

24 mechanism for archiving records of permit decisions 

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1 mentation supporting the basis of the decisions and 

2 determinations, after the 5-year maintenance period 

3 described in paragraph (1). 

4 ‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall make 

6 the records of all permit decisions and jurisdictional 

7 determinations made by the Secretary available to 

8 the public for review and reproduction. 

9 ‘‘(2) PROTECTION OF INFORMATION.—The Sec10 retary shall provide for the protection of personal, 

11 private, privileged, confidential, and proprietary in12 formation, and information the disclosure of which is 

13 prohibited by law, which may be excluded from dis14 closure. 

15 ‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLE16 MENTATION.— 

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

18 and implement, to the maximum extent practicable, 

19 the electronic system required under subsection (a) 

20 not later than 2 years after the date of enactment 

21 of the Water Resources Development Act of 2016. 

22 ‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE23 MENTATION.—Not later than 180 days after the ex24 piration of the deadline under paragraph (1), the 

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1 portation and Infrastructure of the House of Rep2 resentatives and the Committee on Environment and 

3 Public Works of the Senate a report describing the 

4 measures implemented and barriers faced in car5 rying out this section. 

6 ‘‘(g) APPLICABILITY.—The requirements described in 

7 subsections (c), (d), and (e) shall apply to permit applica8 tions and requests for jurisdictional determinations sub9 mitted to the Secretary after the date of enactment of the 

10 Water Resources Development Act of 2016. 

11 ‘‘(h) LIMITATION.—This section shall not preclude 

12 the submission to the Secretary, acting through the Chief 

13 of Engineers, of a physical copy of a permit application 

14 or a request for a jurisdictional determination.’’. 

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

16 in section 1(b) of the Water Resources Development Act 

17 of 2007 is amended by striking the item relating to section 

18 2040 and inserting the following: 

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

19 SEC. 136. DATA TRANSPARENCY. 

20 Section 2017 of the Water Resources Development 

21 Act of 2007 (33 U.S.C. 2342) is amended to read as fol22 lows: 

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

24 ‘‘(a) IN GENERAL.—Using available funds, the Sec25 retary shall make publicly available, including on the 


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1 Internet, all data in the custody of the Corps of Engineers 

2 on— 

3 ‘‘(1) the planning, design, construction, oper4 ation, and maintenance of water resources develop5 ment projects; and 

6 ‘‘(2) water quality and water management of 

7 projects owned, operated, or managed by the Corps 

8 of Engineers. 

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

10 construed to compel or authorize the disclosure of data 

11 or other information determined by the Secretary to be 

12 confidential information, privileged information, law en13 forcement information, national security information, in14 frastructure security information, personal information, or 

15 information the disclosure of which is otherwise prohibited 

16 by law. 

17 ‘‘(c) TIMING.—The Secretary shall ensure that data 

18 is made publicly available under subsection (a) as quickly 

19 as practicable after the data is generated by the Corps 

20 of Engineers. 

21 ‘‘(d) PARTNERSHIPS.—In carrying out this section, 

22 the Secretary may develop partnerships, including through 

23 cooperative agreements, with State, tribal, and local gov24 ernments and other Federal agencies.’’. 


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1 SEC. 137. BACKLOG PREVENTION. 

2 (a) PROJECT DEAUTHORIZATION.— 

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

5 authorized for construction by this Act shall not be 

6 authorized after the last day of the 7-year period be7 ginning on the date of enactment of this Act unless 

8 funds have been obligated for construction of such 

9 project during that period. 

10 (2) IDENTIFICATION OF PROJECTS.—Not later 

11 than 60 days after the expiration of the 7-year pe12 riod referred to in paragraph (1), the Secretary shall 

13 submit to the Committee on Environment and Pub14 lic Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives a report that identifies the projects 

17 deauthorized under paragraph (1). 

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

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

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

21 to the Committee on Environment and Public Works of 

22 the Senate and the Committee on Transportation and In23 frastructure of the House of Representatives, and make 

24 available to the public, a report that contains— 


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1 (1) a list of any water resources development 

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

4 (2) a description of the reasons the projects 

5 were not completed; 

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

7 based on expected levels of appropriations; and 

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

10 regarding how to mitigate current problems and the 

11 backlog. 

12 SEC. 138. QUALITY CONTROL. 

13 (a) IN GENERAL.—Paragraph (a) of the first section 

14 of the Act of December 22, 1944 (58 Stat. 888, chapter 

15 665; 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and 

16 shall be made publicly available’’ before the period at the 

17 end. 

18 (b) PROJECT ADMINISTRATION.—Section 2041(b)(1) 

19 of the Water Resources Development Act of 2007 (33 

20 U.S.C. 2346(b)(1)) is amended by inserting ‘‘final post21 authorization change report,’’ after ‘‘final reevaluation re22 port,’’. 

23 SEC. 139. BUDGET DEVELOPMENT AND PRIORITIZATION. 

24 (a) IN GENERAL.—In conjunction with the Presi25 dent’s budget submission to Congress with respect to fiscal 


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1 year 2018 under section 1105(a) of title 31, United States 

2 Code, and biennially thereafter in conjunction with the 

3 President’s budget submission, the Secretary shall submit 

4 to the Committee on Environment and Public Works and 

5 the Committee on Appropriations of the Senate and the 

6 Committee on Transportation and Infrastructure and the 

7 Committee on Appropriations of the House of Representa8 tives a report that describes— 

9 (1) the metrics used in developing the civil 

10 works budget for the applicable fiscal year; 

11 (2) the metrics used in developing each business 

12 line in the civil works budget; and 

13 (3) how projects are prioritized in the applica14 ble budget submission, including how the Secretary 

15 determines those projects for which construction ini16 tiation is recommended. 

17 (b) NOTIFICATION.— 

18 (1) REQUIREMENT.—If the Secretary proposes 

19 a covered revised budget estimate, the Secretary 

20 shall notify, in writing, each Member of Congress 

21 representing a congressional district affected by the 

22 study, project, or activity subject to the revised esti23 mate. 

24 (2) COVERED REVISED BUDGET ESTIMATE DE25 FINED.—In this subsection, the term ‘‘covered reVerDate Sep 11 2014 02:21 Sep 30, 2016 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.RDS H5303

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1 vised budget estimate’’ means a budget estimate for 

2 a water resources development study, project, or ac3 tivity that differs from the estimate most recently 

4 specified for that study, project, or activity in a 

5 budget of the President submitted under section 

6 1105(a) of title 31, United States Code. 

7 SEC. 140. USE OF NATURAL AND NATURE-BASED FEA8 TURES. 

9 (a) REPORT.—Not later than February 1, 2017, and 

10 biennially thereafter, the Secretary shall submit to the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Environ13 ment and Public Works of the Senate a report on the use 

14 of natural and nature-based features in water resources 

15 development projects, including flood risk reduction, coast16 al resiliency, and ecosystem restoration projects. 

17 (b) CONTENTS.—The report shall include, at a min18 imum, the following: 

19 (1) An assessment of the observed and potential 

20 impacts of the use of natural and nature-based fea21 tures on the cost and effectiveness of water re22 sources development projects and any co-benefits re23 sulting from the use of such features. 

24 (2) A description of any statutory, fiscal, or 

25 regulatory barrier to the appropriate consideration 


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1 and use of natural and nature-based features in car2 rying out water resources development projects. 

3 SEC. 141. ANNUAL REPORT ON PURCHASE OF FOREIGN 

4 MANUFACTURED ARTICLES. 

5 Section 213(a) of the Water Resources Development 

6 Act of 1992 (Public Law 102–580; 106 Stat. 4831) is 

7 amended by adding at the end the following: 

8 ‘‘(4) ANNUAL REPORT ON PURCHASE OF FOR9 EIGN MANUFACTURED ARTICLES.— 

10 ‘‘(A) IN GENERAL.—Not later than 90 

11 days after the last day of each fiscal year, the 

12 Secretary shall submit to Congress a report on 

13 the amount of acquisitions in such fiscal year 

14 made by the Corps of Engineers for civil works 

15 projects from entities that manufactured the ar16 ticles, materials, or supplies outside of the 

17 United States. 

18 ‘‘(B) CONTENTS.—The report required 

19 under subparagraph (A) shall indicate, for each 

20 acquisition— 

21 ‘‘(i) the dollar value of any articles, 

22 materials, or supplies purchased that were 

23 manufactured outside of the United States; 

24 and 


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1 ‘‘(ii) a summary of the total procure2 ment funds spent on goods manufactured 

3 in the United States and the total procure4 ment funds spent on goods manufactured 

5 outside of the United States. 

6 ‘‘(C) PUBLIC AVAILABILITY.—Not later 

7 than 30 days after the submission of a report 

8 under subparagraph (A), the Secretary shall 

9 make such report publicly available on the 

10 agency’s Web site.’’. 

11 SEC. 142. INTEGRATED WATER RESOURCES PLANNING. 

12 In carrying out a feasibility study for a water re13 sources development project, the Secretary shall coordi14 nate with communities in the watershed covered by such 

15 study to determine if a local or regional water manage16 ment plan exists or is under development for the purposes 

17 of stormwater management, water quality improvement, 

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

19 water management plan exists for the watershed, the Sec20 retary shall, in cooperation with the non-Federal sponsor 

21 for the plan and affected local public entities, avoid ad22 versely affecting the purposes of the plan and, where fea23 sible, incorporate the purposes of the plan into the Sec24 retary’s feasibility study. 


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1 SEC. 143. EVALUATION OF PROJECT PARTNERSHIP AGREE2 MENTS. 

3 To the maximum extent practicable, the Secretary 

4 shall prioritize and complete the activities required of the 

5 Secretary under section 1013 of the Water Resources Re6 form and Development Act of 2014 (Public Law 113–121; 

7 128 Stat. 1218). 

8 SEC. 144. ADDITIONAL MEASURES AT DONOR PORTS AND 

9 ENERGY TRANSFER PORTS. 

10 Section 2106 of the Water Resources Reform and De11 velopment Act of 2014 (33 U.S.C. 2238c) is amended— 

12 (1) in subsection (a)(4)(A) by striking ‘‘Code of 

13 Federal Regulation’’ and inserting ‘‘Code of Federal 

14 Regulations’’; and 

15 (2) in subsection (f)— 

16 (A) in paragraph (1) by striking ‘‘2018’’ 

17 and inserting ‘‘2020’’; and 

18 (B) in paragraph (3)— 

19 (i) by striking ‘‘2015 through 2018’’ 

20 and inserting ‘‘2016 through 2020’’; and 

21 (ii) by striking ‘‘2019 through 2022’’ 

22 and inserting ‘‘2021 through 2025’’. 

23 SEC. 145. ARCTIC DEEP DRAFT PORT DEVELOPMENT PART24 NERSHIPS. 

25 Section 2105 of the Water Resources Reform and De26 velopment Act of 2014 (33 U.S.C. 2243) is amended— 


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

2 it appears and inserting ‘‘(25 U.S.C. 450b)) and 

3 Native villages, Regional Corporations, and Village 

4 Corporations (as those terms are defined in section 

5 3 of the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1602))’’; 

7 (2) by redesignating subsection (d) as sub8 section (e); and 

9 (3) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) CONSIDERATION OF NATIONAL SECURITY IN12 TERESTS.—In carrying out a study of the feasibility of 

13 an Arctic deep draft port, the Secretary shall consult with 

14 the Secretary of Homeland Security and the Secretary of 

15 Defense to identify national security benefits associated 

16 with the Arctic deep draft port.’’. 

17 SEC. 146. INTERNATIONAL OUTREACH PROGRAM. 

18 Section 401(a) of the Water Resources Development 

19 Act of 1992 (33 U.S.C. 2329(a)) is amended to read as 

20 follows: 

21 ‘‘(a) AUTHORIZATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary may engage 

23 in activities to inform the United States of techno24 logical innovations abroad that could significantly 


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1 improve water resources development in the United 

2 States. 

3 ‘‘(2) INCLUSIONS.—Activities under paragraph 

4 (1) may include— 

5 ‘‘(A) development, monitoring, assessment, 

6 and dissemination of information about foreign 

7 water resources projects that could significantly 

8 improve water resources development in the 

9 United States; 

10 ‘‘(B) research, development, training, and 

11 other forms of technology transfer and ex12 change; and 

13 ‘‘(C) offering technical services that cannot 

14 be readily obtained in the private sector to be 

15 incorporated into water resources projects if the 

16 costs for assistance will be recovered under the 

17 terms of each project.’’. 

18 SEC. 147. COMPREHENSIVE STUDY. 

19 (a) IN GENERAL.—The Secretary shall conduct a 

20 comprehensive study on the flood risks for vulnerable 

21 coastal populations in areas within the boundaries of the 

22 South Atlantic Division of the Corps of Engineers. 

23 (b) INCLUSIONS.—In carrying out the study, the Sec24 retary shall identify— 


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1 (1) activities that warrant additional analysis 

2 by the Corps of Engineers; and 

3 (2) institutional and other barriers to providing 

4 protection to the vulnerable coastal populations. 

5 (c) COORDINATION.—The Secretary shall conduct the 

6 study in coordination with appropriate Federal agencies 

7 and State, local, and tribal entities to ensure consistency 

8 with related plans. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated $6,000,000 to carry out this 

11 section. 

12 SEC. 148. ALTERNATIVE MODELS FOR MANAGING INLAND 

13 WATERWAYS TRUST FUND. 

14 (a) STUDY.—The Comptroller General of the United 

15 States shall conduct a study to analyze alternative models 

16 for managing the Inland Waterways Trust Fund, includ17 ing the management of— 

18 (1) project schedules for projects receiving as19 sistance from the fund; and 

20 (2) expenditures from the fund. 

21 (b) CONTENTS.—In conducting the study, the Comp22 troller General shall examine, at a minimum, the costs and 

23 benefits of transferring management of the fund to a not24 for-profit corporation or government-owned corporation. 


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1 (c) CONSIDERATIONS.—In assessing costs and bene2 fits under subsection (b), the Comptroller General shall 

3 consider, among other factors— 

4 (1) the benefits to the taxpayer; 

5 (2) the impact on project delivery; and 

6 (3) the impact on jobs. 

7 (d) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Comptroller General shall 

9 submit to Congress a report on the results of the study. 

10 SEC. 149. ALTERNATIVE PROJECTS TO MAINTENANCE 

11 DREDGING. 

12 The Secretary may enter into agreements to assume 

13 the operation and maintenance costs of an alternative 

14 project to maintenance dredging for a channel if the alter15 native project would lower the overall costs of maintaining 

16 the channel. 

17 SEC. 150. FISH HATCHERIES. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, the Secretary may operate a fish hatchery for 

20 the purpose of restoring a population of fish species lo21 cated in the region surrounding the fish hatchery that is 

22 listed as a threatened species or an endangered species 

23 under the Endangered Species Act of 1973 (16 U.S.C. 

24 1531 et seq.) or a similar State law. 


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1 (b) COSTS.—A non-Federal entity, a Federal agency 

2 other than the Department of Defense, or a group of non3 Federal entities or such Federal agencies shall be respon4 sible for 100 percent of the costs associated with man5 aging a fish hatchery for the purpose described in sub6 section (a) that are not authorized as of the date of enact7 ment of this Act for the fish hatchery. 

8 SEC. 151. ENVIRONMENTAL BANKS. 

9 (a) ESTABLISHMENT.—Not later than 180 days after 

10 the date of enactment of this Act, the Chairperson of the 

11 Gulf Coast Ecosystem Restoration Council, with the con12 currence of two-thirds of the Council, shall issue such reg13 ulations as are necessary for the establishment of proce14 dures and processes for the use, maintenance, and over15 sight of environmental banks for purposes of mitigating 

16 adverse environmental impacts sustained by construction 

17 or other activities as required by law or regulation. 

18 (b) REQUIREMENTS.—The regulations issued pursu19 ant to subsection (a) shall— 

20 (1) set forth procedures for certification of envi21 ronmental banks, including criteria for adoption of 

22 an environmental banking instrument; 

23 (2) provide a mechanism for the transfer of en24 vironmental credits; 


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1 (3) provide for priority certification to environ2 mental banks that enhance the resilience of coastal 

3 resources to inundation and coastal erosion, includ4 ing the restoration of resources within the scope of 

5 a project authorized for construction; 

6 (4) ensure certification is given only to banks 

7 with secured adequate financial assurance and ap8 propriate legally enforceable protection for restored 

9 lands or resources; 

10 (5) stipulate conditions under which cross-cred11 iting of environmental services may occur and pro12 vide standards for the conversion of such crediting; 

13 (6) establish performance criteria for environ14 mental banks; 

15 (7) establish criteria for the operation and mon16 itoring of environmental banks; and 

17 (8) establish a framework whereby the purchase 

18 of credit from an environmental bank may be used 

19 to offset or satisfy past, current, or future adverse 

20 environmental impacts or liability under law to wet21 lands, water, wildlife, or other natural resources. 

22 (c) CONSIDERATION.—In developing the regulations 

23 required under subsection (a), the Chairperson shall take 

24 into consideration habitat equivalency analysis. 


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1 (d) MODIFICATIONS.—The Chairperson may modify 

2 or update the regulations issued pursuant to this section, 

3 subject to appropriate consultation and public participa4 tion, provided that two-thirds of the Gulf Coast Ecosystem 

5 Restoration Council approves the modification or update. 

6 (e) DEFINITION OF ENVIRONMENTAL BANK.—In this 

7 section, the term ‘‘environmental bank’’ means a project, 

8 project increment, or projects for purposes of restoring, 

9 creating, enhancing, or preserving natural resources in a 

10 designated site to provide for credits to offset adverse envi11 ronmental impacts. 

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

13 (1) affects the requirements of section 906 of 

14 the Water Resources Development Act of 1986 (33 

15 U.S.C. 2283); or 

16 (2) affects the obligations or requirements of 

17 any Federal environmental law. 

18 SEC. 152. COST SHARE REQUIREMENT. 

19 The Secretary shall carry out the project for eco20 system restoration and recreation, Los Angeles River, 

21 California, as authorized by this Act, substantially in ac22 cordance with the terms and conditions described in the 

23 Report of the Chief of Engineers, dated December 18, 

24 2015, including, notwithstanding section 2008(c) of the 


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1 Water Resources Development Act of 2007 (121 Stat. 

2 1074), the recommended cost sharing. 

3 SEC. 153. PUBLIC ACCESS. 

4 (a) RECREATIONAL ACCESS PERMITTED.—The 

5 Board of Directors of the Tennessee Valley Authority may 

6 approve and allow the construction and use of a floating 

7 cabin on waters under the jurisdiction of the Tennessee 

8 Valley Authority if— 

9 (1) the floating cabin is maintained by the 

10 owner to reasonable health, safety, and environ11 mental standards, as required by the Board of Di12 rectors; and 

13 (2) the Tennessee Valley Authority has author14 ized the use of recreational vessels on such waters. 

15 (b) FEES.—The Board of Directors may levy fees on 

16 the owner of a floating cabin on waters under the jurisdic17 tion of the Tennessee Valley Authority for purposes of en18 suring compliance with subsection (a), so long as such fees 

19 are necessary and reasonable for such purposes. 

20 (c) CONTINUED RECREATIONAL USE.—With respect 

21 to a floating cabin located on waters under the jurisdiction 

22 of the Tennessee Valley Authority on the date of enact23 ment of this Act, the Board of Directors— 

24 (1) may not require the removal of such float25 ing cabin— 


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1 (A) in the case of a floating cabin that was 

2 granted a permit by the Tennessee Valley Au3 thority before the date of enactment of this Act, 

4 for a period of 15 years beginning on such date; 

5 and 

6 (B) in the case of a floating cabin not 

7 granted a permit by the Tennessee Valley Au8 thority before the date of enactment of this Act, 

9 for a period of 5 years beginning on such date; 

10 and 

11 (2) shall approve and allow the use of the float12 ing cabin on waters under the jurisdiction of the 

13 Tennessee Valley Authority at such time, and for 

14 such duration, as the floating cabin meets the re15 quirements of subsection (a) and the owner of such 

16 cabin has paid any fee levied pursuant to subsection 

17 (b). 

18 (d) NEW CONSTRUCTION.—The Tennessee Valley 

19 Authority may establish regulations to prevent the con20 struction of new floating cabins. 

21 (e) FLOATING CABIN DEFINED.—In this section, the 

22 term ‘‘floating cabin’’ means every description of 

23 watercraft or other floating structure primarily designed 

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1 marily designed or used for navigation or transportation 

2 on water. 

3 (f) SAVINGS PROVISION.—Nothing in this section re4 stricts the ability of the Tennessee Valley Authority to en5 force reasonable health, safety, or environmental stand6 ards. 

7 SEC. 154. TRIBAL DISPLACEMENT. 

8 (a) IN GENERAL.—The Comptroller General of the 

9 United States shall conduct a study related to any remain10 ing Federal obligations to Indian people displaced by the 

11 construction of the Bonneville Dam, the Dalles Dam, or 

12 the John Day Dam on the Columbia River in Oregon and 

13 Washington. 

14 (b) FACTORS.—The study shall include— 

15 (1) a determination as to the number and loca16 tion of Indian people displaced by the construction 

17 of the Bonneville Dam, the Dalles Dam, or the John 

18 Day Dam; 

19 (2) a determination of the amounts and types 

20 of assistance provided by the Federal Government to 

21 Indian people displaced by the construction of such 

22 dams to the present; and 

23 (3) a determination of whether and how much 

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1 eral obligations to compensate Indian people dis2 placed by the construction of such dams. 

3 (c) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Comptroller General shall 

5 submit to Congress a report on the results of the study. 

6 SEC. 155. DROUGHT EMERGENCIES. 

7 (a) AUTHORIZED ACTIVITIES.—With respect to a 

8 State in which a drought emergency is in effect on the 

9 date of enactment of this Act, or was in effect at any time 

10 during the 1-year period ending on such date of enact11 ment, and upon the request of the Governor of the State, 

12 the Secretary is authorized to— 

13 (1) prioritize the updating of the water control 

14 manuals for control structures under the jurisdiction 

15 of the Secretary that are located in the State; and 

16 (2) incorporate into the update seasonal oper17 ations for water conservation and water supply for 

18 such control structures. 

19 (b) COORDINATION.—The Secretary shall carry out 

20 the update under subsection (a) in coordination with all 

21 appropriate Federal agencies, elected officials, and mem22 bers of the public. 

23 SEC. 156. GAO STUDY. 

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

25 date of enactment of this Act, the Comptroller General 


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1 of the United States shall submit to the Committee on 

2 Environment and Public Works of the Senate and the 

3 Committee on Transportation and Infrastructure of the 

4 House of Representatives an analysis of the President’s 

5 budget requests for the Corps of Engineers Civil Works 

6 Program for each of fiscal years 2008 through 2017. 

7 (b) CONSIDERATIONS.—The analysis to be submitted 

8 under subsection (a) shall evaluate— 

9 (1) the extent to which there is geographic di10 versity among the projects included in such budget 

11 requests; and 

12 (2) whether the methodologies used by the 

13 Corps of Engineers to calculate benefit-cost ratios 

14 for projects impact the geographic diversity of 

15 projects included in such budget requests. 

16 SEC. 157. WORK DEFINED. 

17 Section 14 of the Act of March 3, 1899 (30 Stat. 

18 1152, chapter 425; 33 U.S.C. 408), is amended— 

19 (1) by striking ‘‘It shall not be lawful’’ and in20 serting the following: 

21 ‘‘(a) IN GENERAL.—It shall not be lawful’’; and 

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

23 ‘‘(b) WORK DEFINED.— 


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1 ‘‘(1) IN GENERAL.—In this section, the term 

2 ‘work’ means engineered structures that serve a par3 ticular function. 

4 ‘‘(2) INCLUSIONS.—In this section, the term 

5 ‘work’ includes only structures of like kind with 

6 those identified in subsection (a). 

7 ‘‘(3) EXCLUSIONS.—In this section, the term 

8 ‘work’ does not include— 

9 ‘‘(A) the river channel as such, whether or 

10 not dredging is necessary to maintain naviga11 tional depths; 

12 ‘‘(B) unimproved real estate; or 

13 ‘‘(C) a particular feature or structure 

14 merely because the feature or structure is 

15 present within a Federal project.’’. 

16 SEC. 158. AUTHORIZATION OF FEDERALLY MAINTAINED 

17 TRIBUTARY CHANNELS AS PART OF CHAN18 NEL SYSTEM. 

19 A project that has been assumed for maintenance by 

20 the Secretary under any authority granted by Congress 

21 shall— 

22 (1) be treated as a project authorized by Con23 gress; and 

24 (2) be planned, operated, managed, or modified 

25 in a manner consistent with authorized projects. 


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1 SEC. 159. DAM SAFETY REPAIR PROJECTS. 

2 The Secretary shall issue guidance— 

3 (1) on the types of circumstances under which 

4 the requirement in section 1203(a) of the Water Re5 sources Development Act of 1986 (33 U.S.C. 

6 467n(a)) relating to state-of-the-art design or con7 struction criteria deemed necessary for safety pur8 poses applies to a dam safety repair project; 

9 (2) to assist district offices of the Corps of En10 gineers in communicating with non-Federal interests 

11 when entering into and implementing cost-sharing 

12 agreements for dam safety repair projects; and 

13 (3) to assist the Corps of Engineers in commu14 nicating with non-Federal interests concerning the 

15 estimated and final cost-share responsibilities of the 

16 non-Federal interests under agreements for dam 

17 safety repair projects. 

18 SEC. 160. EXPEDITED COMPLETION OF AUTHORIZED 

19 PROJECT FOR FLOOD RISK MANAGEMENT. 

20 The Secretary shall expedite the completion of the 

21 project for flood risk management, Cedar River, Cedar 

22 Rapids, Iowa, authorized by item 3 of the table in section 

23 7002(2) of the Water Resources Development Act of 2014 

24 (Public Law 113–121; 128 Stat. 1366). 


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1 SEC. 161. REVIEW OF BENEFITS. 

2 When reviewing requests for repair or restoration of 

3 a flood risk management project under the authority of 

4 section 5(a)(1) of the Act of August 18, 1941, (33 U.S.C. 

5 701n(a)(1)), the Army Corps of Engineers is authorized 

6 to consider all benefits to the public that may accrue from 

7 the proposed rehabilitation work, including, flood risk 

8 management, navigation, recreation, and ecosystem res9 toration. 

10 SEC. 162. FEDERAL COST LIMITATION OF ECOSYSTEM RES11 TORATION COSTS FOR CERTAIN PROJECTS. 

12 Section 506(c) of the Water Resources Development 

13 Act of 2000 is amended by adding at the end the fol14 lowing: 

15 ‘‘(5) A project carried out pursuant to this sub16 section may include compatible recreation features 

17 as determined by the Secretary, except that the Fed18 eral cost of such features may not exceed 10 percent 

19 of the ecosystem restoration costs of the project.’’. 

20 SEC. 163. LOCAL FLOOD PROTECTION WORKS. 

21 (1) IN GENERAL.—Permission for alterations by 

22 a non-Federal interest to a Federal levee, floodwall, 

23 or flood risk management channel project and asso24 ciated features may be granted by a District Engi25 neer of the Department of the Army or an author26 ized representative. 


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1 (2) TIMELY APPROVAL OF PERMITS.—On the 

2 date that is 120 days after the date on which the 

3 Secretary receives an application for a permit pursu4 ant to section 14 of the Act of March 3, 1899 (com5 monly known as the ‘‘Rivers and Harbors Appro6 priation Act of 1899’’) (33 U.S.C. 408), the applica7 tion shall be approved if— 

8 (A) the Secretary has not made a deter9 mination on the approval or disapproval of the 

10 application; and 

11 (B) the plans detailed in the application 

12 were prepared and certified by a professional 

13 engineer licensed by the State in which the 

14 project is located. 

15 SEC. 164. FLOOD MITIGATION AND RIVERINE RESTORA16 TION PROGRAM. 

17 The Secretary shall expedite carrying out the projects 

18 listed under paragraphs (29) through (33) of section 

19 212(e) of the Water Resources Development Act of 1999 

20 (33 U.S.C. 2332(e)) and is authorized to proceed to con21 struction on such any such project if the Chief of Engi22 neers determines the project is feasible. 

23 SEC. 165. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Secretary— 


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1 (1) shall include a 60-day public comment pe2 riod for a Table Rock Lake Master Plan and Table 

3 Rock Lake Shoreline Management Plan revision; 

4 and 

5 (2) shall not finalize a revision for the Table 

6 Rock Lake Master Plan and Table Rock Lake 

7 Shoreline Management Plan during the 5-year pe8 riod beginning on the date of enactment of this Act. 

9 (b) SHORELINE USE PERMITS.—During the period 

10 described in subsection (a)(2), the Secretary shall lift or 

11 suspend the moratorium on the issuance of new, and modi12 fications to existing, shoreline use permits based on the 

13 existing Table Rock Lake Master Plan and Table Rock 

14 Lake Shoreline Management Plan. 

15 (c) STUDY.— 

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

17 (A) carry out a study on the need to revise 

18 permit fees relating to Table Rock Lake to bet19 ter reflect the cost of issuing those fees and 

20 achieve cost savings; and 

21 (B) submit to Congress a report on the re22 sults of the study described in subparagraph 

23 (A). 

24 (2) REQUIREMENT.—The Secretary shall com25 plete the study under paragraph (1)(A) before 


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1 adopting any revision to the Table Rock Lake Shore2 line Management Plan. 

3 SEC. 166. ADJUSTMENT TO COST BENEFIT RATIO. 

4 For any navigation project carried out by the Army 

5 Corps of Engineers with non-Federal funds, the Secretary 

6 may, after completion of any portion of the authorized 

7 project, adjust the authorized benefit cost ratio. 

8 SEC. 167. LAND TRANSFER AND TRUST LAND FOR THE 

9 MUSCOGEE (CREEK) NATION. 

10 (a) TRANSFER.— 

11 (1) IN GENERAL.—Subject to paragraph (2) 

12 and for the consideration described in subsection (c), 

13 the Secretary shall transfer to the Secretary of the 

14 Interior the land described in subsection (b) to be 

15 held in trust for the benefit of the Muscogee (Creek) 

16 Nation. 

17 (2) CONDITIONS.—The land transfer under this 

18 subsection shall be subject to the following condi19 tions: 

20 (A) The transfer— 

21 (i) shall not interfere with the Corps 

22 of Engineers operation of the Eufaula 

23 Lake Project or any other authorized civil 

24 works projects; and 


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1 (ii) shall be subject to such other 

2 terms and conditions as the Secretary de3 termines to be necessary and appropriate 

4 to ensure the continued operation of the 

5 Eufaula Lake Project or any other author6 ized civil works project. 

7 (B) The Secretary shall retain the right to 

8 inundate with water the land transferred to the 

9 Secretary of the Interior under this subsection, 

10 as necessary to carry out an authorized purpose 

11 of the Eufaula Lake Project or any other civil 

12 works project. 

13 (C) No gaming activities may be conducted 

14 on the land transferred under this subsection. 

15 (b) LAND DESCRIPTION.— 

16 (1) IN GENERAL.—The land to be transferred 

17 pursuant to subsection (a) is the approximately 

18 18.38 acres of land located in the Northwest Quar19 ter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., 

20 McIntosh County, Oklahoma, generally depicted as 

21 ‘‘USACE’’ on the map entitled ‘‘Muscogee (Creek) 

22 Nation Proposed Land Acquisition’’ and dated Octo23 ber 16, 2014. 

24 (2) SURVEY.—The exact acreage and legal de25 scription of the land to be transferred under subVerDate Sep 11 2014 02:21 Sep 30, 2016 Jkt 059200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.RDS H5303

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1 section (a) shall be determined by a survey satisfac2 tory to the Secretary and the Secretary of the Inte3 rior. 

4 (c) CONSIDERATION.—The Muscogee (Creek) Nation 

5 shall pay— 

6 (1) to the Secretary an amount that is equal to 

7 the fair market value of the land transferred under 

8 subsection (a), as determined by the Secretary, 

9 which funds may be accepted and expended by the 

10 Secretary; and 

11 (2) all costs and administrative expenses associ12 ated with the transfer of land under subsection (a), 

13 including the costs of— 

14 (A) the survey under subsection (b)(2); 

15 (B) compliance with the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.); and 

18 (C) any coordination necessary with re19 spect to requirements related to endangered 

20 species, cultural resources, clean water, and 

21 clean air. 

22 SEC. 168. LAKE KEMP, TEXAS. 

23 Section 3149(a) of the Water Resources Development 

24 Act of 2007 is amended— 


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1 (1) by striking ‘‘2020’’ and inserting ‘‘2025’’; 

2 and 

3 (2) by striking ‘‘this Act’’ and inserting ‘‘the 

4 Water Resources Development Act of 2016’’. 

5 SEC. 169. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

6 RESTORATION, TEXAS. 

7 In carrying out the comprehensive planning author8 ized by section 4091 of the Water Resources Development 

9 Act of 2007 (Public Law 110–114; 121 Stat. 1187), the 

10 Secretary shall consider studies, data, and information de11 veloped by the Gulf Coast Community Protection and Re12 covery District to expedite completion of the plan. 

13 SEC. 170. CORPS LEVEES THAT AFFECT COMMUNITY14 OWNED LEVEES. 

15 Where Federally owned and operated levees increase 

16 flood risk and compromise the accreditation of commu17 nity-owned local flood protection systems, it shall be the 

18 policy of the Corps of Engineers to act expeditiously with 

19 actions required to authorize, fund, identify, and imple20 ment improvements to reduce and negate negative impacts 

21 to community-owned flood protection system accredita22 tion. 


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1 SEC. 171. CORROSION PREVENTION. 

2 Section 1033 of the Water Resources Reform and De3 velopment Act of 2014 (33 U.S.C. 2350) is amended by 

4 adding at the end the following: 

5 ‘‘(d) REPORT.—Not later than 1 year after the date 

6 of enactment of this subsection, and annually thereafter, 

7 the Secretary shall submit to the Committee on Environ8 ment and Public Works of the Senate and the Committee 

9 on Transportation and Infrastructure of the House of 

10 Representatives a report on the corrosion prevention ac11 tivities encouraged under this section that includes— 

12 ‘‘(1) a description of the actions the Secretary 

13 has taken to implement this section; and 

14 ‘‘(2) a description of the projects utilizing cor15 rosion prevention activities, including which activi16 ties were undertaken.’’. 

17 SEC. 172. NORTH ATLANTIC COASTAL REGION. 

18 Section 4009 of the Water Resources Reform and De19 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

20 1316) is amended— 

21 (1) in subsection (a) by striking ‘‘a study to de22 termine the feasibility of carrying out projects’’ and 

23 inserting ‘‘a comprehensive assessment and manage24 ment plan’’; 

25 (2) in subsection (b)— 


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1 (A) in the subsection heading by striking 

2 ‘‘STUDY’’ and inserting ‘‘ASSESSMENT AND

3 PLAN’’; and 

4 (B) in the matter preceding paragraph (1), 

5 by striking ‘‘study’’ and inserting ‘‘assessment 

6 and plan’’; and 

7 (3) in subsection (c)(1) by striking ‘‘study’’ and 

8 inserting ‘‘assessment and plan’’. 

9 SEC. 173. ACQUISITION OF BEACH FILL. 

10 Section 935 of the Water Resources Development Act 

11 of 1986 (33 U.S.C. 2299) is amended by striking ‘‘if such 

12 materials are not available from domestic sources for envi13 ronmental or economic reasons’’. 

14 SEC. 174. PRIORITIZATION OF CERTAIN PROJECTS. 

15 The Secretary shall give priority to a project for flood 

16 risk management if— 

17 (1) there is an executed project partnership 

18 agreement for the project; and 

19 (2) the project is located in an area— 

20 (A) in which there has been a loss of life 

21 due to flood events; and 

22 (B) with respect to which the President 

23 has declared that a major disaster or emergency 

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1 ford Disaster Relief and Emergency Assistance 

2 Act (42 U.S.C. 5170). 

3 SEC. 175. WATERCRAFT INSPECTION STATIONS. 

4 Section 104 of the River and Harbor Act of 1958 

5 (33 U.S.C. 610) is amended— 

6 (1) in subsection (d)— 

7 (A) by striking paragraph (1) and insert8 ing the following: 

9 ‘‘(1) IN GENERAL.—In carrying out this sec10 tion, the Secretary may establish, operate, and main11 tain new or existing watercraft inspection stations to 

12 protect the Columbia River Basin to be located in 

13 the States of Idaho, Montana, Oregon, and Wash14 ington at locations, as determined by the Secretary 

15 in consultation with such States with the highest 

16 likelihood of preventing the spread of aquatic 

17 invasive species at reservoirs operated and main18 tained by the Secretary. The Secretary shall also as19 sist the States referred to in this paragraph with 

20 rapid response of any Quagga or Zebra mussel infes21 tation.’’. 

22 (B) in paragraph (3) by inserting ‘‘Gov23 ernors of the’’ before ‘‘States’’; and 

24 (2) in subsection (e) by striking paragraph (3) 

25 and inserting the following: 


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1 ‘‘(3) assist the States in early detection of 

2 Quagga and Zebra mussels;’’. 

3 SEC. 176. GULF COAST OYSTER BED RECOVERY ASSESS4 MENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) GULF STATES.—The term ‘‘Gulf States’’ 

7 means each of the States of Alabama, Florida, Lou8 isiana, Mississippi, and Texas. 

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

10 the Secretary of the Army, acting through the Chief 

11 of Engineers. 

12 (b) GULF COAST OYSTER BED RECOVERY ASSESS13 MENT.—The Secretary, in coordination with the Gulf 

14 States, shall conduct an assessment relating to the recov15 ery of oyster beds on the coast of Gulf States that were 

16 damaged by events including— 

17 (1) Hurricane Katrina in 2005; 

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

19 and 

20 (3) floods in 2011 and 2016. 

21 (c) INCLUSION.—The assessment conducted under 

22 subsection (b) shall address the beneficial use of dredged 

23 material in providing substrate for oyster bed develop24 ment. 


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

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

3 the Committee on Environment and Public Works of the 

4 Senate and the Committee on Transportation and Infra5 structure of the House of Representatives a report on the 

6 assessment conducted under subsection (b). 

7 SEC. 177. WATER INFRASTRUCTURE FINANCE AND INNOVA8 TION. 

9 (a) PROJECTS ELIGIBLE FOR ASSISTANCE.—Section 

10 5026(6) of the Water Infrastructure Finance and Innova11 tion Act of 2014 (33 U.S.C. 3905(6)) is amended by strik12 ing ‘‘or a water recycling project’’ and inserting ‘‘a water 

13 recycling project, or a project of the Corps of Engineers 

14 to provide alternative water supplies to reduce aquifer de15 pletion’’. 

16 (b) CREDIT.—Section 5029(b) of the Water Infra17 structure Finance and Innovation Act of 2014 (33 U.S.C. 

18 3908(b)) is amended by adding at the end the following: 

19 ‘‘(10) CREDIT.—With respect to a project of 

20 the Corps of Engineers to provide alternative water 

21 supplies to reduce aquifer depletion, any eligible 

22 project costs incurred and the value of any integral 

23 in-kind contributions made before receipt of assist24 ance under this subtitle shall be credited toward the 

25 51 percent of project costs to be provided by sources 


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1 of funding other than a secured loan under this sub2 title (as described in paragraph (2)(A)).’’. 

3 SEC. 178. FLOOD MITIGATION AND RIERINE RESTORATION 

4 PROGRAM. 

5 The Secretary shall expedite carrying out the project 

6 for flood risk management, Brays Bayou, Texas, author7 ized by item 6 in section 211(f) of the Water Resources 

8 Development Act of 1996 (Public Law 104–303). 

9 SEC. 179. INITIATING WORK ON SEPARABLE ELEMENTS. 

10 With respect to a water resources development 

11 project that has received construction funds in the pre12 vious 6-year period, for purposes of initiating work on a 

13 separable element of the project— 

14 (1) no new start or new investment decision 

15 shall be required; and 

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

17 SEC. 180. LOWER BOIS D’ARC CREEK RESERVOIR PROJECT, 

18 FANNIN COUNTY, TEXAS. 

19 (a) FINALIZATION REQUIRED.—Not later than Sep20 tember 30, 2017, the Secretary shall finalize all permit 

21 decisions and publish all decision documents related to the 

22 construction of, impoundment of water in, and operation 

23 of, the Lower Bois d’Arc Creek Reservoir Project, includ24 ing any associated water transmission facilities, by the 


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1 North Texas Municipal Water District in Fannin County, 

2 Texas. 

3 (b) INTERIM REPORT.—Not later than June 30, 

4 2017, the Secretary shall report to Congress on the status 

5 of the permit decisions and related documents described 

6 in subsection (a) and whether or not the Secretary antici7 pates being able to meet the deadline established in such 

8 subsection, including, if applicable, a justification of why 

9 the Secretary may fail to meet such deadline. 

10 SEC. 181. CONSIDERATION OF USE OF NATURAL AND NA11 TURE-BASED FEATURE. 

12 In carrying out the design, construction, mainte13 nance, repair, and rehabilitation of development projects, 

14 including flood risk reduction, coastal resiliency, and eco15 system restoration projects, the Secretary shall ensure 

16 that appropriate consideration is given to the use of nat17 ural and nature-based features. 

18 SEC. 182. RECREATIONAL ACCESS. 

19 Section 1035 of the Water Resources Reform and De20 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

21 1234) is amended— 

22 (1) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) RECREATIONAL ACCESS.—The Secretary shall 

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1 diction of the Secretary in the Cumberland River basin 

2 if— 

3 ‘‘(1) the floating cabin— 

4 ‘‘(A) is in compliance with, and maintained 

5 by the owner to satisfy the requirements of, 

6 regulations for recreational vessels, including 

7 health and safety standards, issued under chap8 ter 43 of title 46, United States Code, and sec9 tion 312 of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1322); and 

11 ‘‘(B) is located at a marina leased by the 

12 Corps of Engineers; and 

13 ‘‘(2) the Secretary has authorized the use of 

14 recreational vessels on such waters.’’; and 

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

16 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

17 ‘‘(1) IN GENERAL.—Nothing in this section 

18 may be construed to authorize the Secretary to im19 pose requirements on a floating cabin or on any fa20 cility that serves a floating cabin, including marinas 

21 or docks located on waters under the jurisdiction of 

22 the Secretary in the Cumberland River basin, that 

23 are different or more stringent than the require24 ments imposed on all recreational vessels authorized 

25 to use such waters. 


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1 ‘‘(2) DEFINITIONS.—In this subsection, the fol2 lowing definitions apply: 

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

4 meaning given that term in section 3 of title 1, 

5 United States Code. 

6 ‘‘(B) REQUIREMENT.—The term ‘require7 ment’ includes a requirement imposed through 

8 the utilization of guidance.’’. 

9 SEC. 183. NO WAKE ZONES FOR VESSELS. 

10 (a) IN GENERAL.—The Secretary shall work with 

11 State and local officials to establish a no wake zone for 

12 vessels in a covered navigation channel if— 

13 (1) State or local law enforcement officers have 

14 documented that there exist safety hazards that are 

15 a direct result of excessive wakes in the channel; 

16 (2) a State law has been enacted to establish a 

17 no wake zone for the channel or waters adjacent to 

18 the channel; and 

19 (3) the no wake zone complies with any rec20 ommendation made by the Commandant of the 

21 Coast Guard to ensure the safety of vessels oper22 ating in the zone and the safety of the passengers 

23 and crew aboard such vessels. 

24 (b) EXCEPTION.—A no wake zone established pursu25 ant to this section shall not apply to the operation of a 


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1 towing vessel, as defined in section 2101 of title 46, 

2 United States Code. 

3 (c) COVERED NAVIGATION CHANNEL.—In this sec4 tion, the term ‘‘covered navigation channel’’ means a navi5 gation channel that— 

6 (1) is federally marked or maintained; 

7 (2) is part of the Atlantic Intracoastal Water8 way; and 

9 (3) is adjacent to a marina. 

10 SEC. 184. ICE JAM PREVENTION AND MITIGATION. 

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

12 projects under section 205 of the Flood Control Act of 

13 1948 (33 U.S.C. 701s), including planning, design, con14 struction, and monitoring of structural and nonstructural 

15 technologies and measures for preventing and mitigating 

16 flood damages associated with ice jams. 

17 (b) INCLUSION.—The projects described in sub18 section (a) may include the development and demonstra19 tion of cost-effective technologies and designs developed in 

20 consultation with— 

21 (1) the Cold Regions Research and Engineering 

22 Laboratory of the Corps of Engineers; 

23 (2) universities; 

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

25 (4) private organizations. 


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1 SEC. 185. TRIBAL CONSULTATION. 

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

3 of enactment of this Act, the Secretary shall begin a re4 view of the policies, regulations, and guidance related to 

5 conducting meaningful consultation with Indian tribes re6 garding Corps of Engineers flood control, environmental 

7 restoration, and other projects or requiring the Corps of 

8 Engineers to approve a permit that may have an impact 

9 on tribal cultural or natural resources. 

10 (b) CONTENTS.—The review required under sub11 section (a) shall examine and assess the following: 

12 (1) How tribal consultation rules apply to the 

13 permitting process, especially for projects not on 

14 tribal lands but which may still be continguous to 

15 such lands or affect tribal cultural and natural re16 sources. 

17 (2) How the Corps of Engineers defines mean18 ingful consultation. 

19 (3) Whether the current process adequately 

20 considers tribal interests including environmental, 

21 social, health and well-being of tribal members. 

22 (4) How the Corps of Engineers informs tribes 

23 that it will not consider concerns or alternatives 

24 raised during the consultation process. 

25 (5) How the Corps of Engineers determines a 

26 project’s impact on tribal communities including the 


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1 Corps ability to protect cultural and natural re2 sources such as water. 

3 (6) The specific situations by which tribes have 

4 access to high level Corps of Engineers officials such 

5 as the Assistant Secretary of the Army (Civil 

6 Works) and the Chief of Engineers to dispute or 

7 otherwise direct concerns about pending Corps of 

8 Engineers projects or permits, including examples of 

9 instances in which the Corps of Engineers provided 

10 such access as part of its consultation with a tribe 

11 regarding a particular project. 

12 (7) The role of headquarters in overseeing trib13 al consultation being done at the District and Divi14 sion levels. 

15 (8) The effectiveness of the dispute resolution 

16 process that has been developed to elevate tribal con17 cerns to higher levels of Corps of Engineers over18 sight and review. 

19 (9) Whether the Corps should undertake a rule20 making process related to its tribal consultation poli21 cies and procedures. 

22 (c) CONSULTATION.—In completing the review re23 quired under subsection (a), the Secretary shall provide 

24 for public and private meetings with Indian tribes and 

25 other stakeholders. 


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

2 the review under subsection (a), the Secretary shall submit 

3 to Congress, and publish in the Federal Register, a report 

4 on— 

5 (1) the results of the review; 

6 (2) any proposed changes to the tribal consulta7 tion policies determined necessary as a result of the 

8 review; and 

9 (3) if the Secretary determines that no changes 

10 to the tribal consultation policies are necessary, the 

11 justification for such determination. 

12 SEC. 186. STRUCTURAL HEALTH MONITORING. 

13 (a) IN GENERAL.—The Secretary shall design and 

14 develop a structural health monitoring program to assess 

15 and improve the condition of infrastructure constructed 

16 and maintained by the Corps of Engineers, including re17 search, design, and development of systems and frame18 works for— 

19 (1) response to flood and earthquake events; 

20 (2) pre-disaster mitigation measures; 

21 (3) lengthening the useful life of the infrastruc22 ture; and 

23 (4) identifying risks due to sea level rise. 


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1 (b) CONSULTATION AND CONSIDERATION.—In devel2 oping the program under subsection (a), the Secretary 

3 shall— 

4 (1) consult with academic and other experts; 

5 and 

6 (2) consider models for maintenance and repair 

7 information, the development of degradation models 

8 for real-time measurements and environmental in9 puts, and research on qualitative inspection data as 

10 surrogate sensors. 

11 SEC. 187. EXPEDITED COMPLETION OF AUTHORIZED 

12 PROJECT FOR FLOOD CONTROL. 

13 The Secretary shall expedite the completion of the 

14 project for flood control, Chicagoland Underflow Plan, Illi15 nois, phase 2, as authorized by section 3(a)(5) of the 

16 Water Resources Development Act of 1988 (Public Law 

17 100–676; 102 Stat. 4013) and modified by section 319 

18 of the Water Resources Development Act of 1996 (Public 

19 Law 104–303; 110 Stat. 3715) and section 501 of the 

20 Water Resources Development Act of 1999 (Public Law 

21 106–53; 113 Stat. 334). 

22 SEC. 188. CAMERON COUNTY, TEXAS. 

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

24 of enactment of this Act, the Secretary shall execute and 

25 file in the appropriate office a deed of release, amended 


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1 deed, or other appropriate instrument effectuating the re2 lease of the interests of the United States in certain tracts 

3 of land located in Cameron County, Texas, as described 

4 in subsection (e). 

5 (b) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary may require that any release under this section 

7 be subject to such additional terms and conditions as the 

8 Secretary considers appropriate and necessary to protect 

9 the interests of the United States. 

10 (c) COSTS OF CONVEYANCE.—The Brownsville Navi11 gation District shall be responsible for all reasonable and 

12 necessary costs, including real estate transaction and envi13 ronmental documentation costs, associated with the re14 leases. 

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

16 portions of the interests in the following tracts as deter17 mined by a survey to be paid for by the Brownsville Navi18 gation District, that is satisfactory to the Secretary: 

19 (1) Tract No. 1: Being approximately 1,277.80 

20 acres as conveyed by the Brownsville Navigation 

21 District of Cameron County, Texas, to the United 

22 States by instrument dated September 22, 1932, 

23 and recorded at volume 238, pages 578 through 

24 580, in the Deed Records of Cameron County, 


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

2 save and except the approximately 347.40 acres. 

3 (2) Tract No. 2: Being approximately 842.28 

4 acres as condemned by the United States by the 

5 Final Report of Commissioners dated May 6, 1938, 

6 and recorded at volume 281, pages 486 through 

7 488, in the Deed Records of Cameron County, 

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

9 save and except approximately 158.14 acres com10 prised of an approximately 500 ft. wide strip cen11 tered on the centerline of the Brownsville Ship 

12 Channel. 

13 (3) Tract No. 3: Being approximately 362.00 

14 acres as conveyed by the Manufacturing and Distrib15 uting University to the United States by instrument 

16 dated March 3, 1936, and recorded at volume ‘‘R’’, 

17 page 123, in the Miscellaneous Deed Records of 

18 Cameron County, Texas, to be released and aban19 doned in its entirety. 

20 (4) Tract No. 5: Being approximately 10.91 

21 acres as conveyed by the Brownsville Navigation 

22 District of Cameron County, Texas, by instrument 

23 dated March 6, 1939, and recorded at volume 293, 

24 pages 113 through 115, in the Deed Records of 

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1 fied in said instrument as the ‘‘Third Tract’’), to be 

2 partially released as to the land portion of the tract. 

3 (5) Tract No. 9: Being approximately 552.82 

4 acres as condemned by the United States by the 

5 Final Report of Commissioners dated May 6, 1938, 

6 and recorded at volume 281, pages 483 through 

7 486, in the Deed Records of Cameron County, 

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

9 save and except approximately 88.04 acres com10 prised of an approximately 450 ft. wide strip along 

11 the new centerline of the Brownsville Ship Channel. 

12 (6) Tract No. 10: Being approximately 325.02 

13 acres as condemned by the United States by the 

14 Final Report of Commissioners dated May 7, 1935, 

15 and recorded at volume 281, pages 476 through 

16 483, in the Deed Records of Cameron County, 

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

18 save and except approximately 61.58 acres com19 prised of an approximately 500 ft. wide strip cen20 tered on the new centerline of the Brownsville Ship 

21 Channel. 

22 (7) Tract No. 11: Being approximately 8.85 

23 acres as conveyed by the Brownsville Navigation 

24 District of Cameron County, Texas, to the United 

25 States by instrument dated January 23, 1939, and 


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1 recorded at volume 293, pages 115 through 118, in 

2 the Deed Records of Cameron County, Texas (said 

3 8.85 acres are identified in said instrument as the 

4 ‘‘First Tract’’), to be released and abandoned in its 

5 entirety, save and except a narrow area along the 

6 channel. 

7 SEC. 189. GREAT LAKES NAVIGATION SYSTEM. 

8 Section 210(d)(1)(B) of the Water Resources Devel9 opment Act of 1986 (33 U.S.C. 2238(d)(1)(B)) is amend10 ed in the matter preceding clause (i) by striking ‘‘For each 

11 of fiscal years 2015 through 2024’’ and inserting ‘‘For 

12 each fiscal year’’. 

13 SEC. 190. KENNEWICK MAN. 

14 (a) DEFINITIONS.—In this section: 

15 (1) CLAIMANT TRIBES.—The term ‘‘claimant 

16 tribes’’ means the Confederated Tribes of the 

17 Colville Reservation, the Confederated Tribes and 

18 Bands of the Yakama Nation, the Nez Perce Tribe, 

19 the Confederated Tribes of the Umatilla Reserva20 tion, and the Wanapum Band of Priest Rapids. 

21 (2) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Washington State Department of Archae23 ology and Historic Preservation. 

24 (3) HUMAN REMAINS.—The term ‘‘human re25 mains’’ means the human remains that— 


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1 (A) are known as Kennewick Man or the 

2 Ancient One, which includes the projectile point 

3 lodged in the right ilium bone, as well as any 

4 residue from previous sampling and studies; 

5 and 

6 (B) are part of archaeological collection 

7 number 45BN495. 

8 (b) TRANSFER.—Notwithstanding any other provi9 sion of Federal law, including the Native American Graves 

10 Protection and Repatriation Act (25 U.S.C. 3001 et seq.), 

11 or law of the State of Washington, not later than 90 days 

12 after the date of enactment of this Act, the Secretary, act13 ing through the Chief of Engineers, shall transfer the 

14 human remains to the Department, on the condition that 

15 the Department, acting through the State Historic Preser16 vation Officer, disposes of the remains and repatriates the 

17 remains to claimant tribes. 

18 (c) TERMS AND CONDITIONS.—The transfer shall be 

19 subject to the following terms and conditions: 

20 (1) The release of the human remains to the 

21 claimant tribes is contingent upon the claimant 

22 tribes entering into agreement with the Department. 

23 (2) The claimant tribes are in agreement as to 

24 the final burial place of the human remains. 


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1 (3) The claimant tribes are in agreement that 

2 the human remains will be buried in the State of 

3 Washington. 

4 (4) The claimant tribes are in agreement that 

5 the Department will take custody of the human re6 mains upon the transfer by the Secretary. 

7 (d) COST.—The Corps of Engineers shall be respon8 sible for any costs associated with the transfer. 

9 (e) LIMITATIONS.— 

10 (1) IN GENERAL.—The transfer shall be limited 

11 solely to the human remains portion of the archae12 ological collection. 

13 (2) SECRETARY.—The Secretary shall have no 

14 further responsibility for the human remains trans15 ferred pursuant to subsection (b) after the date of 

16 the transfer. 

17 SEC. 191. GREAT LAKES RESTORATION INITIATIVE. 

18 Section 118(c)(7) of the Federal Water Pollution 

19 Control Act (33 U.S.C. 1268(c)(7)) is amended— 

20 (1) by striking subparagraphs (B) and (C) and 

21 inserting the following: 

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

23 Initiative, the Administrator shall prioritize pro24 grams and projects, to be carried out in coordi25 nation with non-Federal partners, that address 


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1 the priority areas described in the Initiative Ac2 tion Plan, including— 

3 ‘‘(i) the remediation of toxic sub4 stances and areas of concern; 

5 ‘‘(ii) the prevention and control of 

6 invasive species and the impacts of invasive 

7 species; 

8 ‘‘(iii) the protection and restoration of 

9 nearshore health and the prevention and 

10 mitigation of nonpoint source pollution; 

11 ‘‘(iv) habitat and wildlife protection 

12 and restoration, including wetlands res13 toration and preservation; and 

14 ‘‘(v) accountability, monitoring, eval15 uation, communication, and partnership 

16 activities. 

17 ‘‘(C) PROJECTS.— 

18 ‘‘(i) IN GENERAL.—In carrying out 

19 the Initiative, the Administrator shall col20 laborate with other Federal partners, in21 cluding the Great Lakes Interagency Task 

22 Force established by Executive Order No. 

23 13340 (69 Fed. Reg. 29043), to select the 

24 best combination of programs and projects 

25 for Great Lakes protection and restoration 


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1 using appropriate principles and criteria, 

2 including whether a program or project 

3 provides— 

4 ‘‘(I) the ability to achieve stra5 tegic and measurable environmental 

6 outcomes that implement the Initia7 tive Action Plan and the Great Lakes 

8 Water Quality Agreement; 

9 ‘‘(II) the feasibility of— 

10 ‘‘(aa) prompt implementa11 tion; 

12 ‘‘(bb) timely achievement of 

13 results; and 

14 ‘‘(cc) resource leveraging; 

15 and 

16 ‘‘(III) the opportunity to improve 

17 interagency, intergovernmental, and 

18 inter-organizational coordination and 

19 collaboration to reduce duplication 

20 and streamline efforts. 

21 ‘‘(ii) OUTREACH.—In selecting the 

22 best combination of programs and projects 

23 for Great Lakes protection and restoration 

24 under clause (i), the Administrator shall 

25 consult with the Great Lakes States and 


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1 Indian tribes and solicit input from other 

2 non-Federal stakeholders. 

3 ‘‘(iii) HARMFUL ALGAL BLOOM COOR4 DINATOR.—The Administrator shall des5 ignate a point person from an appropriate 

6 Federal partner to coordinate, with Fed7 eral partners and Great Lakes States, In8 dian tribes, and other non-Federal stake9 holders, projects and activities under the 

10 Initiative involving harmful algal blooms in 

11 the Great Lakes.’’; 

12 (2) in subparagraph (D)— 

13 (A) by striking clause (i) and inserting the 

14 following: 

15 ‘‘(i) IN GENERAL.—Subject to sub16 paragraph (J)(ii), funds made available to 

17 carry out the Initiative shall be used to 

18 strategically implement— 

19 ‘‘(I) Federal projects; 

20 ‘‘(II) projects carried out in co21 ordination with States, Indian tribes, 

22 municipalities, institutions of higher 

23 education, and other organizations; 

24 and 


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1 ‘‘(III) operations and activities of 

2 the Program Office, including remedi3 ation of sediment contamination in 

4 areas of concern.’’; 

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

6 and inserting ‘‘(J)(i)’’; and 

7 (C) by inserting after clause (ii) the fol8 lowing: 

9 ‘‘(iii) AGREEMENTS WITH NON-FED10 ERAL ENTITIES.— 

11 ‘‘(I) IN GENERAL.—The Admin12 istrator, or the head of any other Fed13 eral department or agency receiving 

14 funds under clause (ii)(I), may make 

15 a grant to, or otherwise enter into an 

16 agreement with, a qualified non-Fed17 eral entity, as determined by the Ad18 ministrator or the applicable head of 

19 the other Federal department or agen20 cy receiving funds, for planning, re21 search, monitoring, outreach, or im22 plementation of a project selected 

23 under subparagraph (C), to support 

24 the Initiative Action Plan or the Great 

25 Lakes Water Quality Agreement. 


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1 ‘‘(II) QUALIFIED NON-FEDERAL

2 ENTITY.—For purposes of this clause, 

3 a qualified non-Federal entity may in4 clude a governmental entity, nonprofit 

5 organization, institution, or indi6 vidual.’’; and 

7 (3) by striking subparagraphs (E) through (G) 

8 and inserting the following: 

9 ‘‘(E) SCOPE.— 

10 ‘‘(i) IN GENERAL.—Projects may be 

11 carried out under the Initiative on multiple 

12 levels, including— 

13 ‘‘(I) locally; 

14 ‘‘(II) Great Lakes-wide; or 

15 ‘‘(III) Great Lakes basin-wide. 

16 ‘‘(ii) LIMITATION.—No funds made 

17 available to carry out the Initiative may be 

18 used for any water infrastructure activity 

19 (other than a green infrastructure project 

20 that improves habitat and other ecosystem 

21 functions in the Great Lakes) for which fi22 nancial assistance is received— 

23 ‘‘(I) from a State water pollution 

24 control revolving fund established 

25 under title VI; 


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1 ‘‘(II) from a State drinking water 

2 revolving loan fund established under 

3 section 1452 of the Safe Drinking 

4 Water Act (42 U.S.C. 300j–12); or 

5 ‘‘(III) pursuant to the Water In6 frastructure Finance and Innovation 

7 Act of 2014 (33 U.S.C. 3901 et seq.). 

8 ‘‘(F) ACTIVITIES BY OTHER FEDERAL

9 AGENCIES.—Each relevant Federal department 

10 or agency shall, to the maximum extent prac11 ticable— 

12 ‘‘(i) maintain the base level of funding 

13 for the Great Lakes activities of that de14 partment or agency without regard to 

15 funding under the Initiative; and 

16 ‘‘(ii) identify new activities and 

17 projects to support the environmental goals 

18 of the Initiative. 

19 ‘‘(G) REVISION OF INITIATIVE ACTION

20 PLAN.— 

21 ‘‘(i) IN GENERAL.—Not less often 

22 than once every 5 years, the Adminis23 trator, in conjunction with the Great Lakes 

24 Interagency Task Force, shall review, and 

25 revise as appropriate, the Initiative Action 


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1 Plan to guide the activities of the Initiative 

2 in addressing the restoration and protec3 tion of the Great Lakes system. 

4 ‘‘(ii) OUTREACH.—In reviewing and 

5 revising the Initiative Action Plan under 

6 clause (i), the Administrator shall consult 

7 with the Great Lakes States and Indian 

8 tribes and solicit input from other non9 Federal stakeholders. 

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

11 Administrator shall— 

12 ‘‘(i) establish and maintain a process 

13 for monitoring and periodically reporting 

14 to the public on the progress made in im15 plementing the Initiative Action Plan; 

16 ‘‘(ii) make information about each 

17 project carried out under the Initiative Ac18 tion Plan available on a public website; and 

19 ‘‘(iii) provide to the House Committee 

20 on Transportation and Infrastructure and 

21 the Senate Committee on Environment and 

22 Public Works a yearly detailed description 

23 of the progress of the Initiative and 

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1 eral departments and agencies under sub2 paragraph (D)(ii). 

3 ‘‘(I) INITIATIVE ACTION PLAN DEFINED.— 

4 In this paragraph, the term ‘Initiative Action 

5 Plan’ means the comprehensive, multi-year ac6 tion plan for the restoration of the Great 

7 Lakes, first developed pursuant to the Joint 

8 Explanatory Statement of the Conference Re9 port accompanying the Department of the Inte10 rior, Environment, and Related Agencies Ap11 propriations Act, 2010 (Public Law 111–88). 

12 ‘‘(J) FUNDING.— 

13 ‘‘(i) IN GENERAL.—There is author14 ized to be appropriated to carry out this 

15 paragraph $300,000,000 for each of fiscal 

16 years 2017 through 2021. 

17 ‘‘(ii) LIMITATION.—Nothing in this 

18 paragraph creates, expands, or amends the 

19 authority of the Administrator to imple20 ment programs or projects under— 

21 ‘‘(I) this section; 

22 ‘‘(II) the Initiative Action Plan; 

23 or 

24 ‘‘(III) the Great Lakes Water 

25 Quality Agreement.’’. 


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1 SEC. 192. ADDITIONAL ASSISTANCE. 

2 Section 219 of the Water Resources Development Act 

3 of 1992 (Public Law 102–580; 106 Stat. 4835) is amend4 ed by adding at the end the following: 

5 ‘‘(g) ADDITIONAL ASSISTANCE.—Notwithstanding 

6 any limitation on project purposes identified in subsections 

7 (c) or (f), or limitation on authorization, the Secretary 

8 may provide additional assistance under subsection (a), 

9 and assistance for construction, to any community identi10 fied in subsection (c) or (f), in any State for which the 

11 President has declared an emergency under the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5121 et seq.), as a result of the presence of 

14 chemical, physical, or biological constituents, including 

15 lead or other contaminants in the eligible system, for the 

16 repair or replacement of public and private infrastructure. 

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

18 purposes under paragraph (g), there is authorized to be 

19 appropriated $170,000,000 to remain available until ex20 pended.’’ 

21 TITLE II—STUDIES 

22 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

23 STUDIES. 

24 The Secretary is authorized to conduct a feasibility 

25 study for the following projects for water resources devel26 opment and conservation and other purposes, as identified 


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

2 Resources Development’’ submitted to Congress on Janu3 ary 29, 2015, and January 29, 2016, respectively, pursu4 ant to section 7001 of the Water Resources Reform and 

5 Development Act of 2014 (33 U.S.C. 2282d) or otherwise 

6 reviewed by Congress: 

7 (1) OUACHITA-BLACK RIVERS, ARKANSAS AND

8 LOUISIANA.—Project for navigation, Ouachita-Black 

9 Rivers, Arkansas and Louisiana. 

10 (2) CACHE CREEK SETTLING BASIN, CALI11 FORNIA.—Project for flood damage reduction and 

12 ecosystem restoration, Cache Creek Settling Basin, 

13 California. 

14 (3) COYOTE VALLEY DAM, CALIFORNIA.— 

15 Project for flood damage reduction, environmental 

16 restoration, and water supply, Coyote Valley Dam, 

17 California. 

18 (4) DEL ROSA CHANNEL, CITY OF SAN

19 BERNARDINO, CALIFORNIA.—Project for flood dam20 age reduction and ecosystem restoration, Del Rosa 

21 Channel, city of San Bernardino, California. 

22 (5) MERCED COUNTY STREAMS, CALIFORNIA.— 

23 Project for flood damage reduction, Merced County 

24 Streams, California. 


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1 (6) MISSION-ZANJA CHANNEL, CITIES OF SAN

2 BERNARDINO AND REDLANDS, CALIFORNIA.—Project 

3 for flood damage reduction and ecosystem restora4 tion, Mission-Zanja Channel, cities of San 

5 Bernardino and Redlands, California. 

6 (7) SOBOBA INDIAN RESERVATION, CALI7 FORNIA.—Project for flood damage reduction, 

8 Soboba Indian Reservation, California. 

9 (8) INDIAN RIVER INLET, DELAWARE.—Project 

10 for hurricane and storm damage reduction, Indian 

11 River Inlet, Delaware. 

12 (9) LEWES BEACH, DELAWARE.—Project for 

13 hurricane and storm damage reduction, Lewes 

14 Beach, Delaware. 

15 (10) MISPILLION COMPLEX, KENT AND SUSSEX

16 COUNTIES, DELAWARE.—Project for hurricane and 

17 storm damage reduction, Mispillion Complex, Kent 

18 and Sussex Counties, Delaware. 

19 (11) DAYTONA BEACH, FLORIDA.—Project for 

20 flood damage reduction, Daytona Beach, Florida. 

21 (12) BRUNSWICK HARBOR, GEORGIA.—Project 

22 for navigation, Brunswick Harbor, Georgia. 

23 (13) DUBUQUE, IOWA.—Project for flood dam24 age reduction, Dubuque, Iowa. 


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1 (14) ST. TAMMANY PARISH, LOUISIANA.— 

2 Project for flood damage reduction and ecosystem 

3 restoration, St. Tammany Parish, Louisiana. 

4 (15) CATTARAUGUS CREEK, NEW YORK.— 

5 Project for flood damage reduction, Cattaraugus 

6 Creek, New York. 

7 (16) CAYUGA INLET, ITHACA, NEW YORK.— 

8 Project for navigation and flood damage reduction, 

9 Cayuga Inlet, Ithaca, New York. 

10 (17) DELAWARE RIVER BASIN, NEW YORK, NEW

11 JERSEY, PENNSYLVANIA, AND DELAWARE.—Projects 

12 for flood control, Delaware River Basin, New York, 

13 New Jersey, Pennsylvania, and Delaware, authorized 

14 by section 408 of the Act of July 24, 1946 (60 Stat. 

15 644, chapter 596), and section 203 of the Flood 

16 Control Act of 1962 (76 Stat. 1182), to review oper17 ations of the projects to enhance opportunities for 

18 ecosystem restoration and water supply. 

19 (18) SILVER CREEK, HANOVER, NEW YORK.— 

20 Project for flood damage reduction and ecosystem 

21 restoration, Silver Creek, Hanover, New York. 

22 (19) STONYCREEK AND LITTLE CONEMAUGH

23 RIVERS, PENNSYLVANIA.—Project for flood damage 

24 reduction and recreation, Stonycreek and Little 

25 Conemaugh Rivers, Pennsylvania. 


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1 (20) TIOGA-HAMMOND LAKE, PENNSYLVANIA.— 

2 Project for ecosystem restoration, Tioga-Hammond 

3 Lake, Pennsylvania. 

4 (21) BRAZOS RIVER, FORT BEND COUNTY, 

5 TEXAS.—Project for flood damage reduction in the 

6 vicinity of the Brazos River, Fort Bend County, 

7 Texas. 

8 (22) CHACON CREEK, CITY OF LAREDO, 

9 TEXAS.—Project for flood damage reduction, eco10 system restoration, and recreation, Chacon Creek, 

11 city of Laredo, Texas. 

12 (23) CORPUS CHRISTI SHIP CHANNEL, 

13 TEXAS.—Project for navigation, Corpus Christi Ship 

14 Channel, Texas. 

15 (24) CITY OF EL PASO, TEXAS.—Project for 

16 flood damage reduction, city of El Paso, Texas. 

17 (25) GULF INTRACOASTAL WATERWAY, 

18 BRAZORIA AND MATAGORDA COUNTIES, TEXAS.— 

19 Project for navigation and hurricane and storm 

20 damage reduction, Gulf Intracoastal Waterway, 

21 Brazoria and Matagorda Counties, Texas. 

22 (26) PORT OF BAY CITY, TEXAS.—Project for 

23 navigation, Port of Bay City, Texas. 

24 (27) CHINCOTEAGUE ISLAND, VIRGINIA.— 

25 Project for hurricane and storm damage reduction, 


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1 navigation, and ecosystem restoration, Chincoteague 

2 Island, Virginia. 

3 (28) BURLEY CREEK WATERSHED, KITSAP

4 COUNTY, WASHINGTON.—Project for flood damage 

5 reduction and ecosystem restoration, Burley Creek 

6 Watershed, Kitsap County, Washington. 

7 SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CER8 TAIN PROJECTS. 

9 (a) FEASIBILITY REPORTS.—The Secretary shall ex10 pedite the completion of a feasibility study for each of the 

11 following projects, and if the Secretary determines that 

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

13 directly to preconstruction planning, engineering, and de14 sign of the project: 

15 (1) Project for flood risk management, Little 

16 Colorado River at Winslow, Navajo County, Arizona. 

17 (2) Project for flood risk management, Lower 

18 San Joaquin River, California. In carrying out the 

19 feasibility study for the project, the Secretary shall 

20 include Reclamation District 17 as part of the study. 

21 (3) Project for flood risk management and eco22 system restoration, Sacramento River Flood Control 

23 System, California. 

24 (4) Project for hurricane and storm damage 

25 risk reduction, Ft. Pierce, Florida. 


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1 (5) Project for flood risk management, Des 

2 Moines and Raccoon Rivers, Iowa. 

3 (6) Project for navigation, Mississippi River 

4 Ship Channel, Louisiana. 

5 (7) Project for flood risk management, North 

6 Branch Ecorse Creek, Wayne County, Michigan. 

7 (8) Project for flood risk management, Rahway 

8 River Basin (Upper Basin), New Jersey. 

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

10 Secretary shall expedite completion of a post-authorization 

11 change report for each of the following projects: 

12 (1) Project for flood damage reduction and en13 vironmental restoration, Hamilton City, California. 

14 (2) Project for hurricane and storm damage 

15 risk reduction, New Hanover County, North Caro16 lina. 

17 SEC. 203. TULSA AND WEST TULSA, ARKANSAS RIVER, 

18 OKLAHOMA. 

19 (1) IN GENERAL.—The Secretary shall conduct 

20 a study to determine the feasibility of modifying the 

21 projects for flood risk management, Tulsa and West 

22 Tulsa, Oklahoma, authorized by section 3 of the Act 

23 of August 18, 1941 (55 Stat. 645; chapter 377). 

24 (2) REQUIREMENTS.— 


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1 (A) IN GENERAL.—In carrying out the 

2 study under paragraph (1), the Secretary shall 

3 address project deficiencies, uncertainties, and 

4 significant data gaps, including material, con5 struction, and subsurface, which render the 

6 project at risk of overtopping, breaching, or sys7 tem failure. 

8 (B) ADDRESSING DEFICIENCIES.—In ad9 dressing deficiencies under subparagraph (A), 

10 the Secretary shall incorporate current design 

11 standards and efficiency improvements, includ12 ing the replacement of mechanical and electrical 

13 components at pumping stations, if the incorpo14 ration does not significantly change the scope, 

15 function, or purpose of the project. 

16 (3) PRIORITIZATION TO ADDRESS SIGNIFICANT

17 RISKS.—In any case in which a levee or levee system 

18 (as defined in section 9002 of the Water Resources 

19 Reform and Development Act of 2007 (33 U.S.C. 

20 3301)) is classified as a Class I or II under the levee 

21 safety action classification tool developed by the 

22 Corps of Engineers, the Secretary shall expedite the 

23 project for budget consideration. 


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1 TITLE III—DEAUTHORIZATIONS 

2 AND RELATED PROVISIONS 

3 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

5 (1) to identify $10,000,000,000 in water re6 sources development projects authorized by Congress 

7 that are no longer viable for construction due to— 

8 (A) a lack of local support; 

9 (B) a lack of available Federal or non-Fed10 eral resources; or 

11 (C) an authorizing purpose that is no 

12 longer relevant or feasible; 

13 (2) to create an expedited and definitive process 

14 for Congress to deauthorize water resources develop15 ment projects that are no longer viable for construc16 tion; and 

17 (3) to allow the continued authorization of 

18 water resources development projects that are viable 

19 for construction. 

20 (b) INTERIM DEAUTHORIZATION LIST.— 

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

22 an interim deauthorization list that identifies— 

23 (A) each water resources development 

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1 thorized for construction before November 8, 

2 2007, for which— 

3 (i) planning, design, or construction 

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

6 (ii) planning, design, or construction 

7 was initiated before the date of enactment 

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

10 planning, design, or construction of the 

11 project or separable element of the project 

12 during the current fiscal year or any of the 

13 6 preceding fiscal years; and 

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

17 the Water Resources Development Act of 1986 

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

19 (2) PUBLIC COMMENT AND CONSULTATION.— 

20 (A) IN GENERAL.—The Secretary shall so21 licit comments from the public and the Gov22 ernors of each applicable State on the interim 

23 deauthorization list developed under paragraph 

24 (1). 


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1 (B) COMMENT PERIOD.—The public com2 ment period shall be 90 days. 

3 (3) SUBMISSION TO CONGRESS; PUBLICA4 TION.—Not later than 90 days after the date of the 

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

6 the Secretary shall— 

7 (A) submit a revised interim deauthoriza8 tion list to the Committee on Environment and 

9 Public Works of the Senate and the Committee 

10 on Transportation and Infrastructure of the 

11 House of Representatives; and 

12 (B) publish the revised interim deauthor13 ization list in the Federal Register. 

14 (c) FINAL DEAUTHORIZATION LIST.— 

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

16 a final deauthorization list of water resources devel17 opment projects, or separable elements of projects, 

18 from the revised interim deauthorization list de19 scribed in subsection (b)(3). 

20 (2) DEAUTHORIZATION AMOUNT.— 

21 (A) PROPOSED FINAL LIST.—The Sec22 retary shall prepare a proposed final deauthor23 ization list of projects and separable elements of 

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1 mated Federal cost to complete that is at least 

2 $10,000,000,000. 

3 (B) DETERMINATION OF FEDERAL COST

4 TO COMPLETE.—For purposes of subparagraph 

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

6 account any allowances authorized by section 

7 902 of the Water Resources Development Act 

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

9 most recent project schedule and cost estimate. 

10 (3) IDENTIFICATION OF PROJECTS.— 

11 (A) SEQUENCING OF PROJECTS.— 

12 (i) IN GENERAL.—The Secretary shall 

13 identify projects and separable elements of 

14 projects for inclusion on the proposed final 

15 deauthorization list according to the order 

16 in which the projects and separable ele17 ments of the projects were authorized, be18 ginning with the earliest authorized 

19 projects and separable elements of projects 

20 and ending with the latest project or sepa21 rable element of a project necessary to 

22 meet the aggregate amount under para23 graph (2). 

24 (ii) FACTORS TO CONSIDER.—The 

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1 rable elements of projects in an order other 

2 than that established by clause (i) if the 

3 Secretary determines, on a case-by-case 

4 basis, that a project or separable element 

5 of a project is critical for interests of the 

6 United States, based on the possible im7 pact of the project or separable element of 

8 the project on public health and safety, the 

9 national economy, or the environment. 

10 (iii) CONSIDERATION OF PUBLIC COM11 MENTS.—In making determinations under 

12 clause (ii), the Secretary shall consider any 

13 comments received under subsection (b)(3). 

14 (B) APPENDIX.—The Secretary shall in15 clude as part of the proposed final deauthoriza16 tion list an appendix that— 

17 (i) identifies each project or separable 

18 element of a project on the interim de19 authorization list developed under sub20 section (b) that is not included on the pro21 posed final deauthorization list; and 

22 (ii) describes the reasons why the 

23 project or separable element is not in24 cluded on the proposed final list. 

25 (4) PUBLIC COMMENT AND CONSULTATION.— 


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1 (A) IN GENERAL.—The Secretary shall so2 licit comments from the public and the Gov3 ernor of each applicable State on the proposed 

4 final deauthorization list and appendix devel5 oped under paragraphs (2) and (3). 

6 (B) COMMENT PERIOD.—The public com7 ment period shall be 90 days. 

8 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

9 PUBLICATION.—Not later than 120 days after the 

10 date of the close of the comment period under para11 graph (4), the Secretary shall— 

12 (A) submit a final deauthorization list and 

13 an appendix to the final deauthorization list in 

14 a report to the Committee on Environment and 

15 Public Works of the Senate and the Committee 

16 on Transportation and Infrastructure of the 

17 House of Representatives; and 

18 (B) publish the final deauthorization list 

19 and the appendix to the final deauthorization 

20 list in the Federal Register. 

21 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

23 180-day period beginning on the date of submission 

24 of the final deauthorization list and appendix under 

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


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1 project identified in the final deauthorization list is 

2 hereby deauthorized, unless Congress passes a joint 

3 resolution disapproving the final deauthorization list 

4 prior to the end of such period. 

5 (2) NON-FEDERAL CONTRIBUTIONS.— 

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

7 element of a project identified in the final de8 authorization list under subsection (c) shall not 

9 be deauthorized under this subsection if, before 

10 the expiration of the 180-day period referred to 

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

12 the project or separable element of the project 

13 provides sufficient funds to complete the project 

14 or separable element of the project. 

15 (B) TREATMENT OF PROJECTS.—Notwith16 standing subparagraph (A), each project and 

17 separable element of a project identified in the 

18 final deauthorization list shall be treated as de19 authorized for purposes of the aggregate de20 authorization amount specified in subsection 

21 (c)(2). 

22 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

23 project or separable element of a project identified 

24 in the appendix to the final deauthorization list shall 


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1 remain subject to future deauthorization by Con2 gress. 

3 (e) SPECIAL RULE FOR PROJECTS RECEIVING

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

5 separable element of a project may not be identified on 

6 the interim deauthorization list developed under sub7 section (b), or the final deauthorization list developed 

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

9 received funding for a post-authorization study during the 

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

11 (f) GENERAL PROVISIONS.— 

12 (1) DEFINITIONS.—In this section, the fol13 lowing definitions apply: 

14 (A) POST-AUTHORIZATION STUDY.—The 

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

16 (i) a feasibility report developed under 

17 section 905 of the Water Resources Devel18 opment Act of 1986 (33 U.S.C. 2282); 

19 (ii) a feasibility study, as defined in 

20 section 105(d) of the Water Resources De21 velopment Act of 1986 (33 U.S.C. 

22 2215(d)); or 

23 (iii) a review conducted under section 

24 216 of the Flood Control Act of 1970 (33 


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

2 that— 

3 (I) demonstrates a Federal inter4 est; and 

5 (II) requires additional analysis 

6 for the project or separable element. 

7 (B) WATER RESOURCES DEVELOPMENT

8 PROJECT.—The term ‘‘water resources develop9 ment project’’ includes an environmental infra10 structure assistance project or program of the 

11 Corps of Engineers. 

12 (2) TREATMENT OF PROJECT MODIFICA13 TIONS.—For purposes of this section, if an author14 ized water resources development project or sepa15 rable element of the project has been modified by an 

16 Act of Congress, the date of the authorization of the 

17 project or separable element shall be deemed to be 

18 the date of the most recent such modification. 

19 SEC. 302. VALDEZ, ALASKA. 

20 (a) IN GENERAL.—Subject to subsection (b), the por21 tion of the project for navigation, Valdez, Alaska, identi22 fied as Tract G, Harbor Subdivision, shall not be subject 

23 to navigational servitude beginning on the date of enact24 ment of this Act. 


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1 (b) ENTRY BY FEDERAL GOVERNMENT.—The Fed2 eral Government may enter upon the property referred to 

3 in subsection (a) to carry out any required operation and 

4 maintenance of the general navigation features of the 

5 project referred to in subsection (a). 

6 SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS AN7 GELES COUNTY, CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary shall— 

9 (1) prioritize the updating of the Water Control 

10 Manuals for control structures in the Los Angeles 

11 County Drainage Area, Los Angeles County, Cali12 fornia, authorized by section 101(b) of the Water 

13 Resources Development Act of 1990 (Public Law 

14 101–640; 104 Stat. 4611); and 

15 (2) integrate and incorporate into the project 

16 seasonal operations for water conservation and water 

17 supply. 

18 (b) PARTICIPATION.—The update referred to in sub19 section (a) shall be done in coordination with all appro20 priate Federal agencies, elected officials, and members of 

21 the public. 

22 SEC. 304. SUTTER BASIN, CALIFORNIA. 

23 (a) IN GENERAL.—The separable element consti24 tuting the locally preferred plan increment reflected in the 

25 report of the Chief of Engineers dated March 12, 2014, 


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1 and authorized for construction in item 8 of the table con2 tained in section 7002(2) of the Water Resources Reform 

3 and Development Act of 2014 (Public Law 113–121; 128 

4 Stat. 1366) is no longer authorized beginning on the date 

5 of enactment of this Act. 

6 (b) SAVINGS PROVISIONS.—The deauthorization 

7 under subsection (a) does not affect— 

8 (1) the national economic development plan sep9 arable element reflected in the report of the Chief of 

10 Engineers dated March 12, 2014, and authorized for 

11 construction in item 8 of the table contained in sec12 tion 7002(2) of the Water Resources Reform and 

13 Development Act of 2014 (Public Law 113–121; 

14 128 Stat. 1366); or 

15 (2) previous authorizations providing for the 

16 Sacramento River and major and minor tributaries 

17 project, including— 

18 (A) section 2 of the Act of March 1, 1917 

19 (39 Stat. 949, chapter 144); 

20 (B) section 12 of the Act of December 22, 

21 1944 (58 Stat. 900, chapter 665); 

22 (C) section 204 of the Flood Control Act 

23 of 1950 (64 Stat. 177, chapter 188); and 

24 (D) any other Acts relating to the author25 ization for the Sacramento River and major and 


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1 minor tributaries project along the Feather 

2 River right bank between levee stationing 

3 1483+33 and levee stationing 2368+00. 

4 SEC. 305. ESSEX RIVER, MASSACHUSETTS. 

5 (a) DEAUTHORIZATION.—The portions of the project 

6 for navigation, Essex River, Massachusetts, authorized by 

7 the Act of July 13, 1892 (27 Stat. 88, chapter 158), and 

8 modified by the Act of March 3, 1899 (30 Stat. 1121, 

9 chapter 425), and the Act of March 2, 1907 (34 Stat. 

10 1073, chapter 2509), that do not lie within the areas de11 scribed in subsection (b) are no longer authorized begin12 ning on the date of enactment of this Act. 

13 (b) DESCRIPTION OF PROJECT AREAS.—The areas 

14 described in this subsection are as follows: Beginning at 

15 a point N3056139.82 E851780.21, thence southwesterly 

16 about 156.88 feet to a point N3055997.75 E851713.67; 

17 thence southwesterly about 64.59 feet to a point 

18 N3055959.37 E851661.72; thence southwesterly about 

19 145.14 feet to a point N3055887.10 E851535.85; thence 

20 southwesterly about 204.91 feet to a point N3055855.12 

21 E851333.45; thence northwesterly about 423.50 feet to a 

22 point N3055976.70 E850927.78; thence northwesterly 

23 about 58.77 feet to a point N3056002.99 E850875.21; 

24 thence northwesterly about 240.57 feet to a point 

25 N3056232.82 E850804.14; thence northwesterly about 


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1 203.60 feet to a point N3056435.41 E850783.93; thence 

2 northwesterly about 78.63 feet to a point N3056499.63 

3 E850738.56; thence northwesterly about 60.00 feet to a 

4 point N3056526.30 E850684.81; thence southwesterly 

5 about 85.56 feet to a point N3056523.33 E850599.31; 

6 thence southwesterly about 36.20 feet to a point 

7 N3056512.37 E850564.81; thence southwesterly about 

8 80.10 feet to a point N3056467.08 E850498.74; thence 

9 southwesterly about 169.05 feet to a point N3056334.36 

10 E850394.03; thence northwesterly about 48.52 feet to a 

11 point N3056354.38 E850349.83; thence northeasterly 

12 about 83.71 feet to a point N3056436.35 E850366.84; 

13 thence northeasterly about 212.38 feet to a point 

14 N3056548.70 E850547.07; thence northeasterly about 

15 47.60 feet to a point N3056563.12 E850592.43; thence 

16 northeasterly about 101.16 feet to a point N3056566.62 

17 E850693.53; thence southeasterly about 80.22 feet to a 

18 point N3056530.97 E850765.40; thence southeasterly 

19 about 99.29 feet to a point N3056449.88 E850822.69; 

20 thence southeasterly about 210.12 feet to a point 

21 N3056240.79 E850843.54; thence southeasterly about 

22 219.46 feet to a point N3056031.13 E850908.38; thence 

23 southeasterly about 38.23 feet to a point N3056014.02 

24 E850942.57; thence southeasterly about 410.93 feet to a 

25 point N3055896.06 E851336.21; thence northeasterly 


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1 about 188.43 feet to a point N3055925.46 E851522.33; 

2 thence northeasterly about 135.47 feet to a point 

3 N3055992.91 E851639.80; thence northeasterly about 

4 52.15 feet to a point N3056023.90 E851681.75; thence 

5 northeasterly about 91.57 feet to a point N3056106.82 

6 E851720.59. 

7 SEC. 306. PORT OF CASCADE LOCKS, OREGON. 

8 (a) EXTINGUISHMENT OF PORTIONS OF EXISTING

9 FLOWAGE EASEMENT.—With respect to the properties de10 scribed in subsection (b), beginning on the date of enact11 ment of this Act, the flowage easements described in sub12 section (c) are extinguished above elevation 82.2 feet 

13 (NGVD29), the ordinary high water line. 

14 (b) AFFECTED PROPERTIES.—The properties de15 scribed in this subsection, as recorded in Hood River 

16 County, Oregon, are as follows: 

17 (1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade 

18 Locks Business Park’’ subdivision, Instrument 

19 Number 2014–00436. 

20 (2) Parcels 1, 2, and 3 of Hood River County 

21 Partition, Plat Number 2008–25P. 

22 (c) FLOWAGE EASEMENTS.—The flowage easements 

23 described in this subsection are identified as Tracts 302E– 

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1 ments in Hood River County, Oregon, and described as 

2 follows: 

3 (1) A flowage easement dated October 3, 1936, 

4 recorded December 1, 1936, book 25, page 531 

5 (Records of Hood River County, Oregon), in favor of 

6 the United States (302E–1–Perpetual Flowage 

7 Easement from 10/5/37, 10/5/36, and 10/3/36; pre8 viously acquired as Tracts OH–36 and OH–41 and 

9 a portion of Tract OH–47). 

10 (2) A flowage easement dated October 5, 1936, 

11 recorded October 17, 1936, book 25, page 476 

12 (Records of Hood River County, Oregon), in favor of 

13 the United States, affecting that portion below the 

14 94-foot contour line above main sea level (304 E1– 

15 Perpetual Flowage Easement from 8/10/37 and 10/ 

16 3/36; previously acquired as Tract OH–042 and a 

17 portion of Tract OH–47). 

18 (d) FEDERAL LIABILITIES; CULTURAL, ENVIRON19 MENTAL, AND OTHER REGULATORY REVIEWS.— 

20 (1) FEDERAL LIABILITY.—The United States 

21 shall not be liable for any injury caused by the extin22 guishment of an easement under this section. 

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1 lishes any cultural or environmental regulation relat2 ing to the properties described in subsection (b). 

3 (e) EFFECT ON OTHER RIGHTS.—Nothing in this 

4 section affects any remaining right or interest of the Corps 

5 of Engineers in the properties described in subsection (b). 

6 SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, 

7 PENNSYLVANIA. 

8 (a) AREA TO BE DECLARED NONNAVIGABLE.—Sub9 ject to subsection (c), unless the Secretary finds, after con10 sultation with local and regional public officials (including 

11 local and regional public planning organizations), that 

12 there are substantive objections, those portions of the 

13 Delaware River, bounded by the former bulkhead and 

14 pierhead lines that were established by the Secretary of 

15 War and successors and described as follows, are declared 

16 to be nonnavigable waters of the United States: 

17 (1) Piers 70 South through 38 South, encom18 passing an area bounded by the southern line of 

19 Moore Street extended to the northern line of Cath20 erine Street extended, including the following piers: 

21 Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 

22 40, and 38. 

23 (2) Piers 24 North through 72 North, encom24 passing an area bounded by the southern line of Cal25 lowhill Street extended to the northern line of East 


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1 Fletcher Street extended, including the following 

2 piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 

3 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and 

4 Rivercenter. 

5 (b) PUBLIC INTEREST DETERMINATION.—The Sec6 retary shall make the public interest determination under 

7 subsection (a) separately for each proposed project to be 

8 undertaken within the boundaries described in subsection 

9 (a), using reasonable discretion, not later than 150 days 

10 after the date of submission of appropriate plans for the 

11 proposed project. 

12 (c) LIMITS ON APPLICABILITY; REGULATORY RE13 QUIREMENTS.—The declaration under subsection (a) shall 

14 apply only to those parts of the areas described in sub15 section (a) that are or will be bulkheaded and filled or 

16 otherwise occupied by permanent structures, including 

17 marina and recreation facilities. All such work is subject 

18 to all applicable Federal statutes and regulations, includ19 ing sections 9 and 10 of the Act of March 3, 1899 (30 

20 Stat. 1151, chapter 425; 33 U.S.C. 401 and 403), section 

21 404 of the Federal Water Pollution Control Act (33 

22 U.S.C. 1344), and the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4321 et seq.). 

24 SEC. 308. HUNTINGDON COUNTY, PENNSYLVANIA. 

25 (a) IN GENERAL.—The Secretary shall— 


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1 (1) prioritize the updating of the Master Plan 

2 for the Juniata River and tributaries project, Hun3 tingdon County, Pennsylvania, authorized by section 

4 203 of the Flood Control Act of 1962 (Public Law 

5 87–874; 76 Stat. 1182); and 

6 (2) ensure that alternatives for additional recre7 ation access and development at the project are fully 

8 assessed, evaluated, and incorporated as a part of 

9 the update. 

10 (b) PARTICIPATION.—The update referred to in sub11 section (a) shall be done in coordination with all appro12 priate Federal agencies, elected officials, and members of 

13 the public. 

14 (c) INVENTORY.—In carrying out the update under 

15 subsection (a), the Secretary shall include an inventory of 

16 those lands that are not necessary to carry out the author17 ized purposes of the project. 

18 SEC. 309. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

19 Section 38(c) of the Water Resources Development 

20 Act of 1988 (33 U.S.C. 59j–1(c)) is amended— 

21 (1) by striking ‘‘(except 30 years from such 

22 date of enactment, in the case of the area or any 

23 part thereof described in subsection (a)(5))’’; and 

24 (2) by adding at the end the following: ‘‘Not25 withstanding the preceding sentence, the declaration 


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1 of nonnavigability for the area described in sub2 section (a)(5), or any part thereof, shall not ex3 pire.’’. 

4 SEC. 310. JOE POOL LAKE, TEXAS. 

5 The Secretary shall accept from the Trinity River Au6 thority of Texas, if received by December 31, 2016, 

7 $31,344,841.65 as payment in full of amounts owed to 

8 the United States, including any accrued interest, for the 

9 approximately 61,747.1 acre-feet of water supply storage 

10 space in Joe Pool Lake, Texas (previously known as 

11 Lakeview Lake), for which payment has not commenced 

12 under Article 5.a. (relating to project investment costs) 

13 of contract number DACW63–76–C–0106, as of the date 

14 of enactment of this Act. 

15 SEC. 311. SALT CREEK, GRAHAM, TEXAS. 

16 (a) IN GENERAL.—The project for flood control, envi17 ronmental restoration, and recreation, Salt Creek, Gra18 ham, Texas, authorized by section 101(a)(30) of the 

19 Water Resources Development Act of 1999 (Public Law 

20 106–53; 113 Stat. 278), is no longer authorized as a Fed21 eral project beginning on the date of enactment of this 

22 Act. 

23 (b) CERTAIN PROJECT-RELATED CLAIMS.—The non24 Federal interest for the project shall hold and save the 


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1 United States harmless from any claim that has arisen, 

2 or that may arise, in connection with the project. 

3 (c) TRANSFER.—The Secretary is authorized to 

4 transfer any land acquired by the Federal Government for 

5 the project on behalf of the non-Federal interest that re6 mains in Federal ownership on or after the date of enact7 ment of this Act to the non-Federal interest. 

8 (d) REVERSION.—If the Secretary determines that 

9 land transferred under subsection (c) ceases to be owned 

10 by the public, all right, title, and interest in and to the 

11 land and improvements thereon shall revert, at the discre12 tion of the Secretary, to the United States. 

13 SEC. 312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

14 (a) IN GENERAL.—The portion of the Texas City 

15 Ship Channel, Texas City, Texas, described in subsection 

16 (b) shall not be subject to navigational servitude beginning 

17 on the date of enactment of this Act. 

18 (b) DESCRIPTION.—The portion of the Texas City 

19 Ship Channel described in this subsection is a tract or par20 cel containing 393.53 acres (17,142,111 square feet) of 

21 land situated in the City of Texas City Survey, Abstract 

22 Number 681, and State of Texas Submerged Lands 

23 Tracts 98A and 99A, Galveston County, Texas, said 

24 393.53 acre tract being more particularly described as fol25 lows: 


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1 (1) Beginning at the intersection of an edge of 

2 fill along Galveston Bay with the most northerly east 

3 survey line of said City of Texas City Survey, Ab4 stract No. 681, the same being a called 375.75 acre 

5 tract patented by the State of Texas to the City of 

6 Texas City and recorded in Volume 1941, Page 750 

7 of the Galveston County Deed Records (G.C.D.R.), 

8 from which a found U.S. Army Corps of Engineers 

9 Brass Cap stamped ‘‘R 4–3’’ set in the top of the 

10 Texas City Dike along the east side of Bay Street 

11 bears North 56° 14′ 32′′ West, a distance of 

12 6,045.31 feet and from which a found U.S. Army 

13 Corps of Engineers Brass Cap stamped ‘‘R 4–2’’ set 

14 in the top of the Texas City Dike along the east side 

15 of Bay Street bears North 49° 13′ 20′′ West, a dis16 tance of 6,693.64 feet. 

17 (2) Thence, over and across said State Tracts 

18 98A and 99A and along the edge of fill along said 

19 Galveston Bay, the following eight (8) courses and 

20 distances: 

21 (A) South 75° 49′ 13′′ East, a distance of 

22 298.08 feet to an angle point of the tract herein 

23 described. 


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1 (B) South 81° 16′ 26′′ East, a distance of 

2 170.58 feet to an angle point of the tract herein 

3 described. 

4 (C) South 79° 20′ 31′′ East, a distance of 

5 802.34 feet to an angle point of the tract herein 

6 described. 

7 (D) South 75° 57′ 32′′ East, a distance of 

8 869.68 feet to a point for the beginning of a 

9 non-tangent curve to the right. 

10 (E) Easterly along said non-tangent curve 

11 to the right having a radius of 736.80 feet, a 

12 central angle of 24° 55′ 59′′, a chord of South 

13 68° 47′ 35′′ East – 318.10 feet, and an arc 

14 length of 320.63 feet to a point for the begin15 ning of a non-tangent curve to the left. 

16 (F) Easterly along said non-tangent curve 

17 to the left having a radius of 373.30 feet, a 

18 central angle of 31° 57′ 42′′, a chord of South 

19 66° 10′ 42′′ East – 205.55 feet, and an arc 

20 length of 208.24 feet to a point for the begin21 ning of a non-tangent curve to the right. 

22 (G) Easterly along said non-tangent curve 

23 to the right having a radius of 15,450.89 feet, 

24 a central angle of 02° 04′ 10′′, a chord of South 

25 81° 56′ 20′′ East – 558.04 feet, and an arc 


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1 length of 558.07 feet to a point for the begin2 ning of a compound curve to the right and the 

3 northeasterly corner of the tract herein de4 scribed. 

5 (H) Southerly along said compound curve 

6 to the right and the easterly line of the tract 

7 herein described, having a radius of 1,425.00 

8 feet, a central angle of 133° 08′ 00′′, a chord 

9 of South 14° 20′ 15′′ East – 2,614.94 feet, and 

10 an arc length of 3,311.15 feet to a point on a 

11 line lying 125.00 feet northerly of and parallel 

12 with the centerline of an existing levee for the 

13 southeasterly corner of the tract herein de14 scribed. 

15 (3) Thence, continuing over and across said 

16 State Tracts 98A and 99A and along lines lying 

17 125.00 feet northerly of, parallel, and concentric 

18 with the centerline of said existing levee, the fol19 lowing twelve (12) courses and distances: 

20 (A) North 78° 01′ 58′′ West, a distance of 

21 840.90 feet to an angle point of the tract herein 

22 described. 

23 (B) North 76° 58′ 35′′ West, a distance of 

24 976.66 feet to an angle point of the tract herein 

25 described. 


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1 (C) North 76° 44′ 33′′ West, a distance of 

2 1,757.03 feet to a point for the beginning of a 

3 tangent curve to the left. 

4 (D) Southwesterly, along said tangent 

5 curve to the left having a radius of 185.00 feet, 

6 a central angle of 82° 27′ 32′′, a chord of South 

7 62° 01′ 41′′ West – 243.86 feet, and an arc 

8 length of 266.25 feet to a point for the begin9 ning of a compound curve to the left. 

10 (E) Southerly, along said compound curve 

11 to the left having a radius of 4,535.58 feet, a 

12 central angle of 11° 06′ 58′′, a chord of South 

13 15° 14′ 26′′ West – 878.59 feet, and an arc 

14 length of 879.97 feet to an angle point of the 

15 tract herein described. 

16 (F) South 64° 37′ 11′′ West, a distance of 

17 146.03 feet to an angle point of the tract herein 

18 described. 

19 (G) South 67° 08′ 21′′ West, a distance of 

20 194.42 feet to an angle point of the tract herein 

21 described. 

22 (H) North 34° 48′ 22′′ West, a distance of 

23 789.69 feet to an angle point of the tract herein 

24 described. 


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1 (I) South 42° 47′ 10′′ West, a distance of 

2 161.01 feet to an angle point of the tract herein 

3 described. 

4 (J) South 42° 47′ 10′′ West, a distance of 

5 144.66 feet to a point for the beginning of a 

6 tangent curve to the right. 

7 (K) Westerly, along said tangent curve to 

8 the right having a radius of 310.00 feet, a cen9 tral angle of 59° 50′ 28′′, a chord of South 72° 

10 42′ 24′′ West – 309.26 feet, and an arc length 

11 of 323.77 feet to an angle point of the tract 

12 herein described. 

13 (L) North 77° 22′ 21′′ West, a distance of 

14 591.41 feet to the intersection of said parallel 

15 line with the edge of fill adjacent to the easterly 

16 edge of the Texas City Turning Basin for the 

17 southwesterly corner of the tract herein de18 scribed, from which a found U.S. Army Corps 

19 of Engineers Brass Cap stamped ‘‘SWAN 2’’ 

20 set in the top of a concrete column set flush in 

21 the ground along the north bank of Swan Lake 

22 bears South 20° 51′ 58′′ West, a distance of 

23 4,862.67 feet. 

24 (4) Thence, over and across said City of Texas 

25 City Survey and along the edge of fill adjacent to 


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1 the easterly edge of said Texas City Turning Basin, 

2 the following eighteen (18) courses and distances: 

3 (A) North 01° 34′ 19′′ East, a distance of 

4 57.40 feet to an angle point of the tract herein 

5 described. 

6 (B) North 05° 02′ 13′′ West, a distance of 

7 161.85 feet to an angle point of the tract herein 

8 described. 

9 (C) North 06° 01′ 56′′ East, a distance of 

10 297.75 feet to an angle point of the tract herein 

11 described. 

12 (D) North 06° 18′ 07′′ West, a distance of 

13 71.33 feet to an angle point of the tract herein 

14 described. 

15 (E) North 07° 21′ 09′′ West, a distance of 

16 122.45 feet to an angle point of the tract herein 

17 described. 

18 (F) North 26° 41′ 15′′ West, a distance of 

19 46.02 feet to an angle point of the tract herein 

20 described. 

21 (G) North 01° 31′ 59′′ West, a distance of 

22 219.78 feet to an angle point of the tract herein 

23 described. 


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1 (H) North 15° 54′ 07′′ West, a distance of 

2 104.89 feet to an angle point of the tract herein 

3 described. 

4 (I) North 04° 00′ 34′′ East, a distance of 

5 72.94 feet to an angle point of the tract herein 

6 described. 

7 (J) North 06° 46′ 38′′ West, a distance of 

8 78.89 feet to an angle point of the tract herein 

9 described. 

10 (K) North 12° 07′ 59′′ West, a distance of 

11 182.79 feet to an angle point of the tract herein 

12 described. 

13 (L) North 20° 50′ 47′′ West, a distance of 

14 105.74 feet to an angle point of the tract herein 

15 described. 

16 (M) North 02° 02′ 04′′ West, a distance of 

17 184.50 feet to an angle point of the tract herein 

18 described. 

19 (N) North 08° 07′ 11′′ East, a distance of 

20 102.23 feet to an angle point of the tract herein 

21 described. 

22 (O) North 08° 16′ 00′′ West, a distance of 

23 213.45 feet to an angle point of the tract herein 

24 described. 


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1 (P) North 03° 15′ 16′′ West, a distance of 

2 336.45 feet to a point for the beginning of a 

3 non-tangent curve to the left. 

4 (Q) Northerly along said non-tangent 

5 curve to the left having a radius of 896.08 feet, 

6 a central angle of 14° 00′ 05′′, a chord of North 

7 09° 36′ 03′′ West – 218.43 feet, and an arc 

8 length of 218.97 feet to a point for the begin9 ning of a non-tangent curve to the right. 

10 (R) Northerly along said non-tangent 

11 curve to the right having a radius of 483.33 

12 feet, a central angle of 19° 13′ 34′′, a chord of 

13 North 13° 52′ 03′′ East – 161.43 feet, and an 

14 arc length of 162.18 feet to a point for the 

15 northwesterly corner of the tract herein de16 scribed. 

17 (5) Thence, continuing over and across said 

18 City of Texas City Survey, and along the edge of fill 

19 along said Galveston Bay, the following fifteen (15) 

20 courses and distances: 

21 (A) North 30° 45′ 02′′ East, a distance of 

22 189.03 feet to an angle point of the tract herein 

23 described. 


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1 (B) North 34° 20′ 49′′ East, a distance of 

2 174.16 feet to a point for the beginning of a 

3 non-tangent curve to the right. 

4 (C) Northeasterly along said non-tangent 

5 curve to the right having a radius of 202.01 

6 feet, a central angle of 25° 53′ 37′′, a chord of 

7 North 33° 14′ 58′′ East – 90.52 feet, and an 

8 arc length of 91.29 feet to a point for the be9 ginning of a non-tangent curve to the left. 

10 (D) Northeasterly along said non-tangent 

11 curve to the left having a radius of 463.30 feet, 

12 a central angle of 23° 23′ 57′′, a chord of North 

13 48° 02′ 53′′ East – 187.90 feet, and an arc 

14 length of 189.21 feet to a point for the begin15 ning of a non-tangent curve to the right. 

16 (E) Northeasterly along said non-tangent 

17 curve to the right having a radius of 768.99 

18 feet, a central angle of 16° 24′ 19′′, a chord of 

19 North 43° 01′ 40′′ East – 219.43 feet, and an 

20 arc length of 220.18 feet to an angle point of 

21 the tract herein described. 

22 (F) North 38° 56′ 50′′ East, a distance of 

23 126.41 feet to an angle point of the tract herein 

24 described. 


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1 (G) North 42° 59′ 50′′ East, a distance of 

2 128.28 feet to a point for the beginning of a 

3 non-tangent curve to the right. 

4 (H) Northerly along said non-tangent 

5 curve to the right having a radius of 151.96 

6 feet, a central angle of 68° 36′ 31′′, a chord of 

7 North 57° 59′ 42′′ East – 171.29 feet, and an 

8 arc length of 181.96 feet to a point for the 

9 most northerly corner of the tract herein de10 scribed. 

11 (I) South 77° 14′ 49′′ East, a distance of 

12 131.60 feet to an angle point of the tract herein 

13 described. 

14 (J) South 84° 44′ 18′′ East, a distance of 

15 86.58 feet to an angle point of the tract herein 

16 described. 

17 (K) South 58° 14′ 45′′ East, a distance of 

18 69.62 feet to an angle point of the tract herein 

19 described. 

20 (L) South 49° 44′ 51′′ East, a distance of 

21 149.00 feet to an angle point of the tract herein 

22 described. 

23 (M) South 44° 47′ 21′′ East, a distance of 

24 353.77 feet to a point for the beginning of a 

25 non-tangent curve to the left. 


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1 (N) Easterly along said non-tangent curve 

2 to the left having a radius of 253.99 feet, a 

3 central angle of 98° 53′ 23′′, a chord of South 

4 83° 28′ 51′′ East – 385.96 feet, and an arc 

5 length of 438.38 feet to an angle point of the 

6 tract herein described. 

7 (O) South 75° 49′ 13′′ East, a distance of 

8 321.52 feet to the point of beginning and con9 taining 393.53 acres (17,142,111 square feet) 

10 of land. 

11 SEC. 313. STONINGTON HARBOR, CONNECTICUT. 

12 The portion of the project for navigation, Stonington 

13 Harbor, Connecticut, authorized by the Act of May 23, 

14 1828 (4 Stat. 288; chapter 73) that consists of the inner 

15 stone breakwater that begins at coordinates N. 

16 682,146.42, E. 1231,378.69, running north 83.587 de17 grees west 166.79’ to a point N. 682,165.05, E. 

18 1,231,212.94, running north 69.209 degrees west 380.89’ 

19 to a point N. 682,300.25, E. 1,230,856.86, is no longer 

20 authorized as a Federal project beginning on the date of 

21 enactment of this Act. 


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1 TITLE IV—WATER RESOURCES 

2 INFRASTRUCTURE 

3 SEC. 401. PROJECT AUTHORIZATIONS. 

4 The following projects for water resources develop5 ment and conservation and other purposes, as identified 

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

7 Resources Development’’ submitted to Congress on Janu8 ary 29, 2015, and January 29, 2016, respectively, pursu9 ant to section 7001 of the Water Resources Reform and 

10 Development Act of 2014 (33 U.S.C. 2282d) or otherwise 

11 reviewed by Congress, are authorized to be carried out by 

12 the Secretary substantially in accordance with the plans, 

13 and subject to the conditions, described in the respective 

14 reports designated in this section: 

15 (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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

4. FL Port Everglades Jun. 25, 

2015 

Federal: $220,200,000 

Non-Federal: $102,500,000 

Total: $322,700,000 

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 Mar. 16, 

2016 

Federal: $29,062,000 

Non-Federal: $3,255,000 

Total: $32,317,000 

8. PA Upper Ohio Sep. 12, 

2016 

Federal: $1,324,235,500 

Non-Federal: $1,324,235,500 

Total: $2,648,471,000 

1 (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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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. 

1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. 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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

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. 

1 (4) ECOSYSTEM RESTORATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

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 

3. WA Puget Sound Sep. 16, 

2016 

Federal: $293,558,000 

Non-Federal: $158,069,000 

Total: $451,627,000 

1 (5) FLOOD RISK MANAGEMENT AND ECO2 SYSTEM RESTORATION.— 

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. 

3 (6) FLOOD RISK MANAGEMENT, ECOSYSTEM

4 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. 

5 (7) ECOSYSTEM RESTORATION AND RECRE6 ATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

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. 

1 (8) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION AND ECOSYSTEM RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. LA Southwest Coastal 

Louisiana 

Jul. 29, 

2016 

Federal: $2,011,280,000 

Non-Federal: $1,082,997,000 

Total: $3,094,277,000 

3 (9) DEAUTHORIZATIONS, MODIFICATIONS, AND

4 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, 

MO 

Turkey Creek 

Basin 

May 13, 

2016 

Federal: $97,067,750 

Non-Federal: $55,465,250 

Total: $152,533,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

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 

6. FL Picayune Strand Jul. 15, 

2016 

Federal: $308,983,500 

Non-Federal: $308,983,500 

Total: $617,967,000 

7. MO Swope Park Industrial Area, 

Blue River 

Jul. 15, 

2016 

Federal: $20,205,250 

Non-Federal: $10,879,750 

Total: $31,085,000 

Passed the House of Representatives September 28, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


SSpencer on DSK4SPTVN1PROD with BILLS