I 

114TH CONGRESS 

2D SESSION H. R. 5303 

To provide for improvements to the rivers and harbors of the United States, 

to provide for the conservation and development of water and related 

resources, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2016 

Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GIBBS, and Mrs. NAPOLITANO) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committee on 

Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 

TITLE I—GENERAL PROVISIONS 

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

Sec. 102. Training and employment for veterans and members of Armed Forces 

in curation and historic preservation. 

Sec. 103. Youth service and conservation corps organizations. 

Sec. 104. Navigation safety. 

Sec. 105. Emerging harbors. 

Sec. 106. Federal breakwaters and jetties. 

Sec. 107. Donor ports and energy transfer ports. 

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

Sec. 109. Beneficial use of dredged material. 

Sec. 110. Reservoir sediment. 

Sec. 111. Contributed funds for reservoir operations. 

Sec. 112. Water supply conservation. 

Sec. 113. Interstate compacts. 

Sec. 114. Nonstructural alternatives. 

Sec. 115. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects. 

Sec. 116. Estuary restoration. 

Sec. 117. Great Lakes fishery and ecosystem restoration. 

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. 

Sec. 138. Quality control. 

Sec. 139. Budget development and prioritization. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 


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

TITLE III—DEAUTHORIZATIONS AND RELATED PROVISIONS 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Valdez, Alaska. 

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

Sec. 304. Sutter Basin, California. 

Sec. 305. Essex River, Massachusetts. 

Sec. 306. Port of Cascade Locks, Oregon. 

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

Sec. 308. Rivercenter, Philadelphia, Pennsylvania. 

Sec. 309. Joe Pool Lake, Texas. 

Sec. 310. Salt Creek, Graham, Texas. 

Sec. 311. Texas City Ship Channel, Texas City, Texas. 

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 

10 erosion control and shoreline protection, hydro11 electric power, recreation, water supply, environ12 mental protection, restoration, and enhancement, 

13 and fish and wildlife mitigation. 

14 (2) The Corps of Engineers is the primary Fed15 eral provider of outdoor recreation in the United 

16 States. 


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1 (3) The Corps of Engineers owns and operates 

2 more than 600 dams. 

3 (4) The Corps of Engineers operates and main4 tains 12,000 miles of commercial inland navigation 

5 channels. 

6 (5) The Corps of Engineers dredges more than 

7 200,000,000 cubic yards of construction and mainte8 nance dredge material annually. 

9 (6) The Corps of Engineers maintains 926 

10 coastal, Great Lakes, and inland harbors. 

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

12 enhances, or preserves tens of thousands of acres of 

13 wetlands annually under the Corps’ Regulatory Pro14 gram. 

15 (8) The Corps of Engineers provides a total 

16 water supply storage capacity of 329,200,000 acre17 feet in major Corps lakes. 

18 (9) The Corps of Engineers owns and operates 

19 24 percent of United States hydropower capacity or 

20 3 percent of the total electric capacity of the United 

21 States. 

22 (10) The Corps of Engineers supports Army 

23 and Air Force installations. 


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1 (11) The Corps of Engineers provides technical 

2 and construction support to more than 100 coun3 tries. 

4 (12) The Corps of Engineers manages an Army 

5 military construction program that carried out ap6 proximately $44,600,000,000 in construction 

7 projects (the largest construction effort since World 

8 War II) between 2006 and 2013. 

9 (13) The Corps of Engineers researches and de10 velops technologies to protect the environment and 

11 enhance quality of life in the United States. 

12 (14) The legislation for authorizing Corps of 

13 Engineers projects is the Water Resources Develop14 ment Act and, between 1986 and 2000, Congress 

15 typically enacted an authorization bill every 2 years. 

16 (15) Since 2000, only 3 Water Resources De17 velopment Acts have been enacted. 

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

19 Development Act of 2014 was enacted, which accel20 erated the infrastructure project delivery process, 

21 fostered fiscal responsibility, and strengthened water 

22 transportation networks to promote the competitive23 ness, prosperity, and economic growth of the United 

24 States. 


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1 (17) Section 1001 of the Water Resources Re2 form and Development Act of 2014 (33 U.S.C. 

3 2282c) requires typical Corps of Engineers project 

4 feasibility studies to be completed in 3 years. 

5 (18) Section 7001 of the Water Resources Re6 form and Development Act of 2014 (33 U.S.C. 

7 2282d) requires the Corps of Engineers to submit 

8 annually a Report to Congress on Future Water Re9 sources Development, which ensures projects and ac10 tivities proposed at the local, regional, and State lev11 els are considered for authorization. 

12 (19) Passing Water Resources Development 

13 Acts on a routine basis enables Congress to exercise 

14 oversight, ensures the Corps of Engineers maintains 

15 an appropriately sized portfolio, prevents project 

16 backlog, and keeps United States infrastructure 

17 competitive. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the missions of the Corps of Engineers are 

21 a unique function that benefits all Americans; 

22 (2) water resources development projects are 

23 critical to maintaining economic prosperity, national 

24 security, and environmental protection; 


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1 (3) Congress has required timely delivery of 

2 project and study authorization proposals from non3 Federal project sponsors and the Corps of Engi4 neers; and 

5 (4) Congress should consider a Water Re6 sources Development Act at least once every Con7 gress. 

8 SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS 

9 AND MEMBERS OF ARMED FORCES IN 

10 CURATION AND HISTORIC PRESERVATION. 

11 Using available funds, the Secretary, acting through 

12 the Chief of Engineers, shall carry out a Veterans’ 

13 Curation Program to train and hire veterans and members 

14 of the Armed Forces to assist the Secretary in carrying 

15 out curation and historic preservation activities. 

16 SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS OR17 GANIZATIONS. 

18 Section 213 of the Water Resources Development Act 

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

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS

25 ORGANIZATIONS.—The Secretary shall, to the maximum 


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1 extent practicable, enter into cooperative agreements with 

2 qualified youth service and conservation corps organiza3 tions for services relating to projects under the jurisdiction 

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

5 the maximum participation and opportunities for such or6 ganizations.’’. 

7 SEC. 104. NAVIGATION SAFETY. 

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

9 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to 

10 carry out navigation safety activities at those projects eli11 gible for operation and maintenance under section 204(f) 

12 of the Water Resources Development Act of 1986 (33 

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

14 SEC. 105. EMERGING HARBORS. 

15 Section 210 of the Water Resources Development Act 

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

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

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

19 each fiscal year’’; and 

20 (2) in subsection (d)(1)(A)— 

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

22 striking ‘‘For each of fiscal years 2015 through 

23 2024’’ and inserting ‘‘For each fiscal year’’; 

24 (B) in clause (i) by striking ‘‘90’’ and in25 serting ‘‘Not more than 90’’; and 


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1 (C) in clause (ii) by striking ‘‘10’’ and in2 serting ‘‘At least 10’’. 

3 SEC. 106. FEDERAL BREAKWATERS AND JETTIES. 

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

5 expense, establish an inventory and conduct an assessment 

6 of the general structural condition of all Federal break7 waters and jetties protecting harbors and inland harbors 

8 within the United States. 

9 (b) CONTENTS.—The inventory and assessment car10 ried out under subsection (a) shall include— 

11 (1) compiling location information for all Fed12 eral breakwaters and jetties protecting harbors and 

13 inland harbors within the United States; 

14 (2) determining the general structural condition 

15 of each breakwater and jetty; 

16 (3) analyzing the potential risks to navigational 

17 safety, and the impact on the periodic maintenance 

18 dredging needs of protected harbors and inland har19 bors, resulting from the general structural condition 

20 of each breakwater and jetty; and 

21 (4) estimating the costs, for each breakwater 

22 and jetty, to restore or maintain the breakwater or 

23 jetty to authorized levels and the total of all such 

24 costs. 


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

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

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

4 and assessment carried out under subsection (a). 

5 SEC. 107. DONOR PORTS AND ENERGY TRANSFER PORTS. 

6 Section 2106(a)(2)(B) of the Water Resources Re7 form and Development Act of 2014 (33 U.S.C. 

8 2238c(a)(2)(B)) is amended by striking ‘‘$15,000,000’’ 

9 and inserting ‘‘$5,000,000’’. 

10 SEC. 108. USE OF HARBOR MAINTENANCE TRUST FUND TO 

11 SUPPORT NAVIGATION. 

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

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

14 2238) is amended— 

15 (1) in the section heading by striking ‘‘Author16 ization of appropriations’’ and inserting ‘‘Funding 

17 for harbor navigation’’; 

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

19 and (f) as subsections (d), (e), (f), and (g), respec20 tively; and 

21 (3) by inserting after subsection (b) the fol22 lowing: 

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

24 2027 AND THEREAFTER.— 


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

2 amounts appropriated under subsections (a) and (b), 

3 there shall be available to the Secretary, out of the 

4 Harbor Maintenance Trust Fund, without further 

5 appropriation, for fiscal year 2027 and each fiscal 

6 year thereafter, such sums as may be necessary to 

7 carry out the purposes of subsection (a)(2). 

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

9 made available under this subsection shall remain 

10 available until expended.’’. 

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

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

13 2238) is further amended— 

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

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

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

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

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

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

20 (d)(2)(A)’’; and 

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

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

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

24 (e)(2)’’. 


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1 SEC. 109. 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; and 

15 (6) supporting risk management adaptation 

16 strategies. 

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

18 program, the Secretary shall— 

19 (1) identify for inclusion in the pilot program 

20 and carry out 10 projects for the beneficial use of 

21 dredged material; 

22 (2) consult with relevant State agencies in se23 lecting projects; and 

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


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1 (A) the environmental, economic, and so2 cial benefits of the projects, including monetary 

3 and nonmonetary benefits; and 

4 (B) the need for a diversity of project 

5 types and geographical project locations. 

6 (c) REGIONAL BENEFICIAL USE TEAMS.— 

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

8 program, the Secretary shall establish regional bene9 ficial use teams to identify and assist in the imple10 mentation of projects under the pilot program. 

11 (2) COMPOSITION.— 

12 (A) LEADERSHIP.—For each regional ben13 eficial use team established under paragraph 

14 (1), the Secretary shall appoint the Commander 

15 of the relevant division of the Corps of Engi16 neers to serve as the head of the team. 

17 (B) MEMBERSHIP.—The membership of 

18 each regional beneficial use team shall in19 clude— 

20 (i) representatives of relevant Corps 

21 of Engineers districts and divisions; 

22 (ii) representatives of relevant State 

23 and local agencies; and 

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1 retary determines appropriate, consistent 

2 with the purposes of this section. 

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

4 the pilot program in a manner that— 

5 (1) maximizes the beneficial placement of 

6 dredged material from Federal and non-Federal 

7 navigation channels; 

8 (2) incorporates, to the maximum extent prac9 ticable, 2 or more Federal navigation, flood control, 

10 storm damage reduction, or environmental restora11 tion projects; 

12 (3) coordinates the mobilization of dredges and 

13 related equipment, including through the use of such 

14 efficiencies in contracting and environmental permit15 ting as can be implemented under existing laws and 

16 regulations; 

17 (4) fosters Federal, State, and local collabora18 tion; 

19 (5) implements best practices to maximize the 

20 beneficial use of dredged sand and other sediments; 

21 and 

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

23 consistent with all applicable environmental laws. 

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

25 section shall be subject to the cost sharing requirements 


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1 applicable to projects carried out under section 204 of the 

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

3 2326). 

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

5 of enactment of this Act, and annually thereafter, the Sec6 retary shall submit to the Committee on Environment and 

7 Public Works of the Senate and the Committee on Trans8 portation and Infrastructure of the House of Representa9 tives a report that includes— 

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

11 carried out under the pilot program; 

12 (2) documentation supporting each of the 

13 projects selected; 

14 (3) the findings of regional beneficial use teams 

15 regarding project selection; and 

16 (4) any recommendations of the Secretary or 

17 regional beneficial use teams with respect to the 

18 pilot program. 

19 (g) TERMINATION.—The pilot program shall termi20 nate after completion of the 10 projects carried out pursu21 ant to subsection (b)(1). 

22 (h) EXEMPTION FROM OTHER STANDARDS.—The 

23 projects carried out under this section shall be carried out 

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1 ard’’ in section 335.7 of title 33, Code of Federal Regula2 tions. 

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

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

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

6 SEC. 110. RESERVOIR SEDIMENT. 

7 (a) IN GENERAL.—Section 215 of the Water Re8 sources Development Act of 2000 (33 U.S.C. 2326c) is 

9 amended to read as follows: 

10 ‘‘SEC. 215. RESERVOIR SEDIMENT. 

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

12 the date of enactment of the Water Resources Develop13 ment Act of 2016 and after providing public notice, the 

14 Secretary shall establish, using available funds, a pilot 

15 program to accept services provided by a non-Federal in16 terest or commercial entity for removal of sediment cap17 tured behind a dam owned or operated by the United 

18 States and under the jurisdiction of the Secretary for the 

19 purpose of restoring the authorized storage capacity of the 

20 project concerned. 

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

22 the Secretary shall— 

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1 ices are consistent with the authorized purposes of 

2 the project concerned; 

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

4 commercial entity will indemnify the United States 

5 for, or has entered into an agreement approved by 

6 the Secretary to address, any adverse impact to the 

7 dam as a result of such services; 

8 ‘‘(3) require the non-Federal interest or com9 mercial entity, prior to initiating the services and 

10 upon completion of the services, to conduct sediment 

11 surveys to determine the pre- and post-services sedi12 ment profile and sediment quality; and 

13 ‘‘(4) limit the number of dams for which serv14 ices are accepted to 10. 

15 ‘‘(c) LIMITATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary may not ac17 cept services under subsection (a) if the Secretary, 

18 after consultation with the Chief of Engineers, de19 termines that accepting the services is not advan20 tageous to the United States. 

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

22 makes a determination under paragraph (1), the 

23 Secretary shall provide to the Committee on Trans24 portation and Infrastructure of the House of Rep25 resentatives and the Committee on Environment and 


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1 Public Works of the Senate written notice describing 

2 the reasoning for the determination. 

3 ‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In ex4 change for providing services under subsection (a), a non5 Federal interest or commercial entity is authorized to re6 tain, use, recycle, sell, or otherwise dispose of any sedi7 ment removed in connection with the services and the 

8 Corps of Engineers may not seek any compensation for 

9 the value of the sediment. 

10 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to ac11 cepting services provided by a non-Federal interest or 

12 commercial entity under this section, the Secretary shall 

13 provide to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Environment and Public Works of the Senate 

16 written notice of the acceptance of the services. 

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

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

19 the Secretary shall make publicly available and submit to 

20 the Committee on Transportation and Infrastructure of 

21 the House of Representatives and the Committee on Envi22 ronment and Public Works of the Senate a report docu23 menting the results of the services.’’. 

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

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


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

2 215 and inserting the following: 

‘‘215. Reservoir sediment.’’. 

3 SEC. 111. CONTRIBUTED FUNDS FOR RESERVOIR OPER4 ATIONS. 

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

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

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

8 ‘‘Provided further, That the Secretary is authorized to re9 ceive and expend funds from a State or a political subdivi10 sion thereof, and other non-Federal interests, to formu11 late, review, or revise operational documents for any res12 ervoir for which the Secretary is authorized to prescribe 

13 regulations for the use of storage allocated for flood risk 

14 management or navigation pursuant to section 7 of the 

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

16 33 U.S.C. 709):’’. 

17 SEC. 112. WATER SUPPLY CONSERVATION. 

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

19 emergency has been declared or was in effect during the 

20 1-year period ending on the date of enactment of this Act, 

21 the Secretary is authorized— 

22 (1) to conduct an evaluation for purposes of ap23 proving water supply conservation measures that are 

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1 sources development projects under the jurisdiction 

2 of the Secretary; and 

3 (2) to enter into agreements with non-Federal 

4 interests to carry out the conservation measures ap5 proved by such evaluations. 

6 (b) ELIGIBILITY.—Water supply conservation meas7 ures evaluated under subsection (a) may include the fol8 lowing: 

9 (1) Storm water capture. 

10 (2) Releases for ground water replenishment or 

11 aquifer storage and recovery. 

12 (3) Releases to augment water supply at an13 other Federal or non-Federal storage facility. 

14 (4) Other conservation measures that enhance 

15 usage of a Corps of Engineers project for water sup16 ply. 

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

18 separable costs associated with the evaluation, implemen19 tation, operation, and maintenance of an approved water 

20 supply conservation measure, which payments may be ac21 cepted and expended by the Corps of Engineers to cover 

22 such costs. 

23 (d) STATUTORY CONSTRUCTION.—Nothing in this 

24 section may be construed to modify or alter the obligations 


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1 of a non-Federal interest under existing or future agree2 ments for— 

3 (1) water supply storage pursuant to section 

4 301 of the Water Supply Act of 1958 (43 U.S.C. 

5 390b); or 

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

7 the Act of December 22, 1944 (58 Stat. 890, chap8 ter 665; 33 U.S.C. 708). 

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

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

11 purposes of a Corps of Engineers project; 

12 (2) affects existing Corps of Engineers authori13 ties, including its authorities with respect to naviga14 tion, flood damage reduction, and environmental 

15 protection and restoration; 

16 (3) affects the Corps of Engineers ability to 

17 provide for temporary deviations; 

18 (4) affects the application of a cost-share re19 quirement under section 101, 102, or 103 of the 

20 Water Resources Development Act of 1986 (33 

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

22 (5) supersedes or modifies any written agree23 ment between the Federal Government and a non24 Federal interest that is in effect on the date of en25 actment of this Act; 


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1 (6) supersedes or modifies any amendment to 

2 an existing multistate water control plan, including 

3 those water control plans along the Missouri River 

4 and those water control plans in the Apalachicola5 Chattahoochee-Flint and Alabama-Coosa-Tallapoosa 

6 basins; 

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

8 date of enactment of this Act; or 

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

10 interstate compact governing water. 

11 SEC. 113. INTERSTATE COMPACTS. 

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

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

14 SEC. 114. NONSTRUCTURAL ALTERNATIVES. 

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

16 Stat. 650, chapter 377; 33 U.S.C. 701n(a)(1)), is amend17 ed by striking ‘‘if requested’’ each place that it appears 

18 and inserting ‘‘after consultation with the non-Federal 

19 sponsor and if requested and agreed to’’. 

20 SEC. 115. OPERATION AND MAINTENANCE OF ENVIRON21 MENTAL PROTECTION AND RESTORATION 

22 AND AQUATIC ECOSYSTEM RESTORATION 

23 PROJECTS. 

24 (a) NON-FEDERAL OBLIGATIONS.—Notwithstanding 

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


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1 of 1986 (33 U.S.C. 2213(j)), a non-Federal interest is re2 leased from any obligation to operate and maintain the 

3 nonstructural and nonmechanical components of a water 

4 resources development project carried out for the purposes 

5 of environmental protection and restoration or aquatic 

6 ecosystem restoration, including a project carried out 

7 under section 206 of the Water Resources Development 

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

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

10 2309a), if the Secretary determines that— 

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

12 on which project construction was completed has 

13 concluded; or 

14 (2) the criteria identified in the guidance issued 

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

16 the project. 

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

18 responsible for the operation or maintenance of any 

19 project with respect to which a non-Federal interest is re20 leased from obligations under subsection (a). 

21 (c) GUIDANCE.—In consultation with non-Federal in22 terests, and not later than 1 year after the date of enact23 ment of this Act, the Secretary shall issue guidance that 

24 identifies criteria for determining, using the best available 

25 science, when the purpose of a project for environmental 


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1 protection and restoration or aquatic ecosystem restora2 tion has been achieved, including criteria for determining 

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

4 location to a condition where natural hydrologic and eco5 logical functions are the predominant factors in the condi6 tion, functionality, and durability of the location. 

7 SEC. 116. ESTUARY RESTORATION. 

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

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

10 U.S.C. 2903(f)) is amended by adding at the end the fol11 lowing: 

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

13 carried out under this title, the requirements of sec14 tion 103(j)(1) of the Water Resources Development 

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

16 by a nongovernmental organization serving as the 

17 non-Federal interest for the project pursuant to 

18 paragraph (2).’’. 

19 (b) EXTENSION.—Section 109(a) of the Estuary Res20 toration Act of 2000 (33 U.S.C. 2908(a)) is amended by 

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

22 ‘‘2021’’. 


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1 SEC. 117. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION. 

3 Section 506(g) of the Water Resources Development 

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

5 SEC. 118. CORPS OF ENGINEERS OPERATION OF UN6 MANNED AIRCRAFT SYSTEMS. 

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

8 individual, within the headquarters office of the Corps of 

9 Engineers, who shall serve as the coordinator and prin10 cipal approving official for developing the process and pro11 cedures by which the Corps of Engineers— 

12 (1) operates and maintains small unmanned 

13 aircraft (as defined in section 331 of the FAA Mod14 ernization and Reform Act of 2012 (49 U.S.C. 

15 40101 note)) systems in support of civil works and 

16 emergency response missions of the Corps of Engi17 neers; and 

18 (2) acquires, applies for, and receives any nec19 essary Federal Aviation Administration authoriza20 tions for such operations and systems. 

21 (b) REQUIREMENTS.—A small unmanned aircraft 

22 system acquired, operated, or maintained for carrying out 

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

24 in accordance with regulations of the Federal Aviation Ad25 ministration as a civil aircraft or public aircraft, at the 

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1 lations of the Department of Defense, including the De2 partment of the Army, governing such system. 

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

4 acquired, operated, or maintained by the Corps of Engi5 neers is excluded from use by the Department of Defense, 

6 including the Department of the Army, for any mission 

7 of the Department of Defense other than a mission speci8 fied in subsection (a). 

9 SEC. 119. FEDERAL DREDGE FLEET. 

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

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

12 expanding, reducing, or maintaining the current configu13 ration with respect to the size and makeup of the federally 

14 owned hopper dredge fleet. 

15 (b) FACTORS.—In carrying out the study, the Comp16 troller General shall evaluate— 

17 (1) the current and anticipated configuration 

18 and capacity of the Federal and private hopper 

19 dredge fleet; 

20 (2) the current and anticipated trends for the 

21 volume and type of dredge work required over the 

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

23 existing Federal and private hopper dredge fleet 

24 with future dredging needs; 


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1 (3) available historic data on the costs, effi2 ciency, and time required to initiate and complete 

3 dredging work carried out by Federal and private 

4 hopper dredge fleets, respectively; 

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

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

7 33 U.S.C. 622), have any demonstrable impacts on 

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

9 and whether such requirements are most economical 

10 and advantageous to the United States; and 

11 (5) other factors that the Comptroller General 

12 determines are necessary to evaluate whether it is 

13 economical and advantageous to the United States 

14 to expand, reduce, or maintain the current configu15 ration of the federally owned hopper dredge fleet. 

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

17 of enactment of this Act, the Comptroller General shall 

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

19 SEC. 120. CORPS OF ENGINEERS ASSETS. 

20 Section 6002 of the Water Resources Reform and De21 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

22 1349) is amended— 

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

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


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1 enactment of the Water Resources Development Act 

2 of 2016’’; and 

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

4 following: 

5 ‘‘(6) The extent to which the property has eco6 nomic, cultural, historic, or recreational significance, 

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

8 SEC. 121. FUNDING TO PROCESS PERMITS. 

9 Section 214(a) of the Water Resources Development 

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

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

12 following: 

13 ‘‘(C) RAILROAD CARRIER.—The term ‘rail14 road carrier’ has the meaning given the term in 

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

16 (2) in paragraph (2)— 

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

18 and inserting ‘‘, natural gas company, or rail19 road carrier’’; and 

20 (B) by striking ‘‘or company’’ and insert21 ing ‘‘, company, or carrier’’; 

22 (3) by striking paragraph (3); 

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

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


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

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

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

4 SEC. 122. CREDIT IN LIEU OF REIMBURSEMENT. 

5 Section 1022 of the Water Resources Reform and De6 velopment Act of 2014 (33 U.S.C. 2225) is amended— 

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

8 constructed by a non-Federal interest under section 

9 211 of the Water Resources Development Act of 

10 1996 (33 U.S.C. 701b-13) before the date of enact11 ment of this Act’’ and inserting ‘‘for which a written 

12 agreement with the Corps of Engineers for construc13 tion was finalized on or before December 31, 2014, 

14 under section 211 of the Water Resources Develop15 ment Act of 1996 (33 U.S.C. 701b–13)’’; and 

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

17 cost of the non-Federal interest of carrying out 

18 other flood damage reduction projects or studies’’ 

19 and inserting ‘‘non-Federal share of the cost of car20 rying out other water resources development projects 

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

22 SEC. 123. CLARIFICATION OF CONTRIBUTIONS DURING 

23 EMERGENCY EVENTS. 

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

25 Development Act of 2014 (33 U.S.C. 2325a) is amended 


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1 by inserting after ‘‘emergency’’ the following: ‘‘, or that 

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

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

4 SEC. 124. STUDY OF WATER RESOURCES DEVELOPMENT 

5 PROJECTS BY NON-FEDERAL INTERESTS. 

6 Section 203 of the Water Resources Development Act 

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

8 end the following: 

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

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

11 non-Federal interest technical assistance relating to any 

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

13 contracts with the Secretary to pay all costs of providing 

14 such technical assistance.’’. 

15 SEC. 125. NON-FEDERAL CONSTRUCTION OF AUTHORIZED 

16 FLOOD DAMAGE REDUCTION PROJECTS. 

17 Section 204(d) of the Water Resources Development 

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

19 at the end the following: 

20 ‘‘(5) DISCRETE SEGMENTS.— 

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

22 authorize credit or reimbursement under this 

23 subsection for a discrete segment of a flood 

24 damage reduction project, or separable element 


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1 thereof, before final completion of the project or 

2 separable element if— 

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

4 the Secretary determines that the discrete 

5 segment satisfies the requirements of para6 graphs (1) through (4) in the same man7 ner as the project or separable element; 

8 and 

9 ‘‘(ii) notwithstanding paragraph 

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

11 the approval of the plans under paragraph 

12 (1)(A)(i), that the discrete segment is tech13 nically feasible and environmentally accept14 able. 

15 ‘‘(B) DETERMINATION.—Credit or reim16 bursement may not be made available to a non17 Federal interest pursuant to this paragraph 

18 until the Secretary determines that— 

19 ‘‘(i) the construction of the discrete 

20 segment for which credit or reimbursement 

21 is requested is complete; and 

22 ‘‘(ii) the construction is consistent 

23 with the authorization of the applicable 

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1 rable element thereof, and the plans ap2 proved under paragraph (1)(A)(i). 

3 ‘‘(C) WRITTEN AGREEMENT.— 

4 ‘‘(i) IN GENERAL.—As part of the 

5 written agreement required under para6 graph (1)(A)(iii), a non-Federal interest to 

7 be eligible for credit or reimbursement 

8 under this paragraph shall— 

9 ‘‘(I) identify any discrete seg10 ment that the non-Federal interest 

11 may carry out; and 

12 ‘‘(II) agree to the completion of 

13 the flood damage reduction project, or 

14 separable element thereof, with re15 spect to which the discrete segment is 

16 a part and establish a timeframe for 

17 such completion. 

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

19 interest fails to complete a flood damage 

20 reduction project, or separable element 

21 thereof, that it agreed to complete under 

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

23 shall remit any credits or reimbursements 

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1 crete segment of such project or separable 

2 element. 

3 ‘‘(D) DISCRETE SEGMENT DEFINED.—In 

4 this paragraph, the term ‘discrete segment’ 

5 means a physical portion of a flood damage re6 duction project, or separable element thereof— 

7 ‘‘(i) described by a non-Federal inter8 est in a written agreement required under 

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

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

11 operate and maintain, independently and 

12 without creating a hazard, in advance of 

13 final completion of the flood damage reduc14 tion project, or separable element there15 of.’’. 

16 SEC. 126. MULTISTATE ACTIVITIES. 

17 Section 22 of the Water Resources Development Act 

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

19 (1) in subsection (a)(1)— 

20 (A) by striking ‘‘or other non-Federal in21 terest’’ and inserting ‘‘, group of States, or 

22 non-Federal interest’’; 

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

24 ‘‘working with a State’’; and 


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

2 ‘‘boundaries of such State’’; and 

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

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

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

6 the Secretary makes available to the States in car7 rying out subsection (a)(1).’’. 

8 SEC. 127. REGIONAL PARTICIPATION ASSURANCE FOR 

9 LEVEE SAFETY ACTIVITIES. 

10 (a) NATIONAL LEVEE SAFETY PROGRAM.—Section 

11 9002 of the Water Resources Development Act of 2007 

12 (33 U.S.C. 3301) is amended— 

13 (1) in paragraph (11) by striking ‘‘State or In14 dian tribe’’ and inserting ‘‘State, regional district, or 

15 Indian tribe’’; 

16 (2) by redesignating paragraphs (12) through 

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

18 and 

19 (3) by inserting after paragraph (11) the fol20 lowing: 

21 ‘‘(12) REGIONAL DISTRICT.—The term ‘re22 gional district’ means a subdivision of a State gov23 ernment, or a subdivision of multiple State govern24 ments, that is authorized to acquire, construct, operVerDate Sep 11 2014 03:05 May 24, 2016 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303

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1 ate, and maintain projects for the purpose of flood 

2 damage reduction.’’. 

3 (b) INVENTORY AND INSPECTION OF LEVEES.—Sec4 tion 9004 of the Water Resources Development Act of 

5 2007 (33 U.S.C. 3303) is amended— 

6 (1) in subsection (a)— 

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

8 after the date of enactment of this Act’’ and in9 serting ‘‘1 year after the date of enactment of 

10 the Water Resources Development Act of 

11 2016’’; 

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

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

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

15 districts, Indian tribes, Federal agencies, and 

16 other entities’’; and 

17 (C) in paragraph (3)— 

18 (i) in the heading for subparagraph 

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

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

21 REGIONAL, TRIBAL, AND LOCAL’’; and 

22 (ii) in subparagraph (A) by striking 

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

24 ‘‘Federal, State, regional, tribal, and 

25 local’’; and 


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1 (2) in subsection (c)— 

2 (A) in paragraph (4)— 

3 (i) in the paragraph heading by strik4 ing ‘‘STATE AND TRIBAL’’ and inserting 

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

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

7 each place it appears and inserting ‘‘State, 

8 regional district, or Indian tribe’’; and 

9 (B) in paragraph (5)— 

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

11 and inserting ‘‘State, regional district, or 

12 Indian tribe’’; and 

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

14 tribal government’’ and inserting ‘‘chief ex15 ecutive of the regional district or tribal 

16 government’’. 

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

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

19 3303a) is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A)— 

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

25 date of enactment of this subsection’’ 


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1 and inserting ‘‘1 year after the date of 

2 enactment of the Water Resources 

3 Development Act of 2016’’; and 

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

5 tribal governments and organizations’’ 

6 and inserting ‘‘State, regional, local, 

7 and tribal governments and organiza8 tions’’; and 

9 (ii) in subparagraph (A) by striking 

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

11 and inserting ‘‘Federal, State, regional, 

12 local, and tribal agencies’’; 

13 (B) in paragraph (3)— 

14 (i) in subparagraph (A) by striking 

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

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

17 governments’’; and 

18 (ii) in subparagraph (B) by inserting 

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

20 place it appears; and 

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

22 ‘‘States, non-Federal interests, and other ap23 propriate stakeholders’’ and inserting ‘‘States, 

24 regional districts, Indian tribes, non-Federal in25 terests, and other appropriate stakeholders’’; 


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

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

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

4 governments, Indian tribes, communities, and levee 

5 owners’’; 

6 (3) in subsection (g)— 

7 (A) in the subsection heading by striking 

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

9 REGIONAL, AND TRIBAL’’; 

10 (B) in paragraph (1)— 

11 (i) in subparagraph (A)— 

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

13 date of enactment of this subsection’’ 

14 and inserting ‘‘1 year after the date of 

15 enactment of the Water Resources 

16 Development Act of 2016’’; and 

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

18 and inserting ‘‘State, regional, or trib19 al’’; and 

20 (ii) in subparagraph (B)— 

21 (I) by striking ‘‘State and Indian 

22 tribe’’ and inserting ‘‘State, regional 

23 district, and Indian tribe’’; and 

24 (II) by striking ‘‘State or Indian 

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1 serting ‘‘State, regional district, or In2 dian tribe’’; and 

3 (C) in paragraph (2)— 

4 (i) in the paragraph heading by strik5 ing ‘‘STATES’’ and inserting ‘‘STATES, RE6 GIONAL DISTRICTS, AND INDIAN TRIBES’’; 

7 (ii) in subparagraph (A) by striking 

8 ‘‘States and Indian tribes’’ and inserting 

9 ‘‘States, regional districts, and Indian 

10 tribes’’; 

11 (iii) in subparagraph (B)— 

12 (I) in the matter preceding clause 

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

14 and inserting ‘‘State, regional district, 

15 or Indian tribe’’; 

16 (II) in clause (ii) by striking 

17 ‘‘levees within the State’’ and insert18 ing ‘‘levees within the State or re19 gional district’’; and 

20 (III) in clause (iii) by striking 

21 ‘‘State or Indian tribe’’ and inserting 

22 ‘‘State, regional district, or Indian 

23 tribe’’; 

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

25 matter preceding subclause (I) by striking 


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1 ‘‘State or tribal’’ and inserting ‘‘State, re2 gional, or tribal’’; and 

3 (v) in subparagraph (E)— 

4 (I) by striking ‘‘States and In5 dian tribes’’ each place it appears and 

6 inserting ‘‘States, regional districts, 

7 and Indian tribes’’; 

8 (II) in clause (ii)(II)— 

9 (aa) in the matter preceding 

10 item (aa) by striking ‘‘State or 

11 Indian tribe’’ and inserting 

12 ‘‘State, regional district, or In13 dian tribe’’; 

14 (bb) in item (aa) by striking 

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

16 inserting ‘‘miles of levees in the 

17 State or regional district’’; and 

18 (cc) in item (bb) by striking 

19 ‘‘miles of levees in all States’’ 

20 and inserting ‘‘miles of levees in 

21 all States and regional districts’’; 

22 and 

23 (III) in clause (iii)— 

24 (aa) by striking ‘‘State or 

25 Indian tribe’’ and inserting 


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1 ‘‘State, regional district, or In2 dian tribe’’; and 

3 (bb) by striking ‘‘State or 

4 tribal’’ and inserting ‘‘State, re5 gional, or tribal’’; and 

6 (4) in subsection (h)— 

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

8 Indian tribes, and local governments’’ and in9 serting ‘‘States, regional districts, Indian tribes, 

10 and local governments’’; 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A) by striking ‘‘State, Indian tribe, 

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

15 regional district, Indian tribe, or local gov16 ernment’’; and 

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

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

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

20 tribal’’; 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (A) by striking 

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

24 and inserting ‘‘State, regional district, In25 dian tribe, or local government’’; and 


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1 (ii) in subparagraph (D) by striking 

2 ‘‘180 days after the date of enactment of 

3 this subsection’’ and inserting ‘‘180 days 

4 after the date of enactment of the Water 

5 Resources Development Act of 2016’’; and 

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

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

8 or tribal’’. 

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

10 Development Act of 2007 (33 U.S.C. 3303b) is amend11 ed— 

12 (1) in subsection (a)(1)— 

13 (A) in the matter preceding subparagraph 

14 (A) by striking ‘‘1 year after the date of enact15 ment of this subsection’’ and inserting ‘‘1 year 

16 after the date of enactment of the Water Re17 sources Development Act of 2016’’; and 

18 (B) in subparagraph (B) by striking 

19 ‘‘State and tribal’’ and inserting ‘‘State, re20 gional, and tribal’’; 

21 (2) in subsection (c)— 

22 (A) in the matter preceding paragraph 

23 (1)— 

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

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1 serting ‘‘2 years after the date of enact2 ment of the Water Resources Development 

3 Act of 2016’’; and 

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

5 local’’ and inserting ‘‘State, regional, trib6 al, and local’’; 

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

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

9 tribal’’; and 

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

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

12 and local’’; and 

13 (3) in subsection (d)— 

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

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

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

17 the date of enactment of the Water Resources 

18 Development Act of 2016’’; and 

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

20 tribal’’ and inserting ‘‘State, regional, or trib21 al’’. 

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

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

24 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting 

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


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1 Settlement Act (43 U.S.C. 1602), a Native village, Re2 gional Corporation, and Village Corporation’’ after ‘‘In3 dian tribe’’. 

4 SEC. 129. INDIAN TRIBES. 

5 Section 1156 of the Water Resources Development 

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

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

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

9 (2) in subsection (a)— 

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

11 inserting ‘‘projects— 

12 ‘‘(1) in American’’; 

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

14 inserting ‘‘; and’’; and 

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

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

17 SEC. 130. DISSEMINATION OF INFORMATION ON THE AN18 NUAL REPORT PROCESS. 

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

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

21 prioritizing, and authorizing vital water resources in22 frastructure activities throughout the United States. 

23 (2) The Water Resources Reform and Develop24 ment Act of 2014 (Public Law 113–121) established 

25 a new and transparent process to review and 


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1 prioritize the water resources development activities 

2 of the Corps of Engineers with strong congressional 

3 oversight. 

4 (3) Section 7001 of the Water Resources Re5 form and Development Act of 2014 (33 U.S.C. 

6 2282d) requires the Secretary to develop and submit 

7 to Congress each year a Report to Congress on Fu8 ture Water Resources Development and, as part of 

9 the annual report process, to— 

10 (A) publish a notice in the Federal Reg11 ister that requests from non-Federal interests 

12 proposed feasibility studies and proposed modi13 fications to authorized water resources develop14 ment projects and feasibility studies for inclu15 sion in the report; and 

16 (B) review the proposals submitted and in17 clude in the report those proposed feasibility 

18 studies and proposed modifications that meet 

19 the criteria for inclusion established under sec20 tion 7001. 

21 (4) Congress will use the information provided 

22 in the annual Report to Congress on Future Water 

23 Resources Development to determine authorization 

24 needs and priorities for purposes of water resources 

25 development legislation. 


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1 (5) To ensure that Congress can gain a thor2 ough understanding of the water resources develop3 ment needs and priorities of the United States, it is 

4 important that the Secretary take sufficient steps to 

5 ensure that non-Federal interests are made aware of 

6 the new annual report process, including the need 

7 for non-Federal interests to submit proposals during 

8 the Secretary’s annual request for proposals in order 

9 for such proposals to be eligible for consideration by 

10 Congress. 

11 (b) DISSEMINATION OF PROCESS INFORMATION.— 

12 The Secretary shall develop, support, and implement edu13 cation and awareness efforts for non-Federal interests 

14 with respect to the annual Report to Congress on Future 

15 Water Resources Development required under section 

16 7001 of the Water Resources Reform and Development 

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

18 (1) develop and disseminate technical assistance 

19 materials, seminars, and guidance on the annual 

20 process as it relates to non-Federal interests; 

21 (2) issue guidance for non-Federal interests to 

22 assist such interests in developing proposals for 

23 water resources development projects that satisfy the 

24 requirements of section 7001; and 


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1 (3) provide, at the request of a non-Federal in2 terest, assistance with researching and identifying 

3 existing project authorizations and Corps of Engi4 neers decision documents. 

5 SEC. 131. SCOPE OF PROJECTS. 

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

7 Development Act of 2014 (33 U.S.C. 2282d(f)) is amend8 ed by adding at the end the following: 

9 ‘‘(5) WATER RESOURCES DEVELOPMENT

10 PROJECT.—The term ‘water resources development 

11 project’ includes a project under an environmental 

12 infrastructure assistance program.’’. 

13 SEC. 132. PRELIMINARY FEASIBILITY STUDY ACTIVITIES. 

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

15 to a proposed water resources development project, the 

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

17 to initiating a feasibility study relating to the proposed 

18 project, to review a preliminary analysis of the Federal 

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

20 and environmental impacts of the proposed project, includ21 ing an estimate of the costs of preparing a feasibility re22 port. 


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1 SEC. 133. POST-AUTHORIZATION CHANGE REPORTS. 

2 (a) IN GENERAL.—The completion of a post-author3 ization change report prepared by the Corps of Engineers 

4 for a water resources development project— 

5 (1) may not be delayed as a result of consider6 ation being given to changes in policy or priority 

7 with respect to project consideration; and 

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

9 (A) the Committee on Environment and 

10 Public Works of the Senate; and 

11 (B) the Committee on Transportation and 

12 Infrastructure of the House of Representatives. 

13 (b) COMPLETION REVIEW.—With respect to a post14 authorization change report subject to review by the Sec15 retary, the Secretary shall, not later than 120 days after 

16 the date of completion of such report— 

17 (1) review the report; and 

18 (2) provide to Congress any recommendations 

19 of the Secretary regarding modification of the appli20 cable water resources development project. 

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

22 the date of enactment of this Act, with respect to any post23 authorization change report that was completed prior to 

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

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1 retary shall complete review of, and provide recommenda2 tions to Congress with respect to, the report. 

3 (d) POST-AUTHORIZATION CHANGE REPORT INCLU4 SIONS.—In this section, the term ‘‘post-authorization 

5 change report’’ includes— 

6 (1) a general reevaluation report; 

7 (2) a limited reevaluation report; and 

8 (3) any other report that recommends the modi9 fication of an authorized water resources develop10 ment project. 

11 SEC. 134. MAINTENANCE DREDGING DATA. 

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

13 maintain, and make publicly available a database on main14 tenance dredging carried out by the Secretary, which shall 

15 include information on maintenance dredging carried out 

16 by Federal and non-Federal vessels. 

17 (b) SCOPE.—The Secretary shall include in the data18 base maintained under subsection (a), for each mainte19 nance dredging project and contract, data on— 

20 (1) the volume of dredged material removed; 

21 (2) the initial cost estimate of the Corps of En22 gineers; 

23 (3) the total cost; 

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

25 and 


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1 (5) the number of private contractor bids re2 ceived and the bid amounts, including bids that did 

3 not win the final contract award. 

4 SEC. 135. ELECTRONIC SUBMISSION AND TRACKING OF 

5 PERMIT APPLICATIONS. 

6 (a) IN GENERAL.—Section 2040 of the Water Re7 sources Development Act of 2007 (33 U.S.C. 2345) is 

8 amended to read as follows: 

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

10 PERMIT APPLICATIONS. 

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

12 ‘‘(1) IN GENERAL.—The Secretary shall re13 search, develop, and implement an electronic system 

14 to allow the electronic preparation and submission of 

15 applications for permits and requests for jurisdic16 tional determinations under the jurisdiction of the 

17 Secretary. 

18 ‘‘(2) INCLUSION.—The electronic system re19 quired under paragraph (1) shall address— 

20 ‘‘(A) applications for standard individual 

21 permits; 

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

23 ‘‘(C) joint applications with States for 

24 State and Federal permits; 

25 ‘‘(D) applications for emergency permits; 


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1 ‘‘(E) applications or requests for jurisdic2 tional determinations; and 

3 ‘‘(F) preconstruction notification submis4 sions, when required for a nationwide or other 

5 general permit. 

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

7 The Secretary shall seek to incorporate the elec8 tronic system required under paragraph (1) into ex9 isting systems and databases of the Corps of Engi10 neers to the maximum extent practicable. 

11 ‘‘(4) PROTECTION OF INFORMATION.—The elec12 tronic system required under paragraph (1) shall 

13 provide for the protection of personal, private, privi14 leged, confidential, and proprietary information, and 

15 information the disclosure of which is otherwise pro16 hibited by law. 

17 ‘‘(b) SYSTEM REQUIREMENTS.—The electronic sys18 tem required under subsection (a) shall— 

19 ‘‘(1) enable an applicant or requestor to pre20 pare electronically an application for a permit or re21 quest; 

22 ‘‘(2) enable an applicant or requestor to submit 

23 to the Secretary, by email or other means through 

24 the Internet, the completed application form or re25 quest; 


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1 ‘‘(3) enable an applicant or requestor to submit 

2 to the Secretary, by email or other means through 

3 the Internet, data and other information in support 

4 of the permit application or request; 

5 ‘‘(4) provide an online interactive guide to pro6 vide assistance to an applicant or requestor at any 

7 time while filling out the permit application or re8 quest; and 

9 ‘‘(5) enable an applicant or requestor (or a des10 ignated agent) to track the status of a permit appli11 cation or request in a manner that will— 

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

13 determine whether the application is pending or 

14 final and the disposition of the request; 

15 ‘‘(B) allow the applicant or requester to re16 search previously submitted permit applications 

17 and requests within a given geographic area 

18 and the results of such applications or requests; 

19 and 

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

21 location of the activities subject to a permit or 

22 request through a map-based interface. 

23 ‘‘(c) DOCUMENTATION.—All permit decisions and ju24 risdictional determinations made by the Secretary shall be 

25 in writing and include documentation supporting the basis 


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1 for the decision or determination. The Secretary shall pre2 scribe means for documenting all decisions or determina3 tions to be made by the Secretary. 

4 ‘‘(d) RECORD OF DETERMINATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall main6 tain, for a minimum of 5 years, a record of all per7 mit decisions and jurisdictional determinations made 

8 by the Secretary, including documentation sup9 porting the basis of the decisions and determina10 tions. 

11 ‘‘(2) ARCHIVING OF INFORMATION.—The Sec12 retary shall explore and implement an appropriate 

13 mechanism for archiving records of permit decisions 

14 and jurisdictional determinations, including docu15 mentation supporting the basis of the decisions and 

16 determinations, after the 5-year maintenance period 

17 described in paragraph (1). 

18 ‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

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

20 the records of all permit decisions and jurisdictional 

21 determinations made by the Secretary available to 

22 the public for review and reproduction. 

23 ‘‘(2) PROTECTION OF INFORMATION.—The Sec24 retary shall provide for the protection of personal, 

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1 formation, and information the disclosure of which is 

2 prohibited by law, which may be excluded from dis3 closure. 

4 ‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLE5 MENTATION.— 

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

7 and implement, to the maximum extent practicable, 

8 the electronic system required under subsection (a) 

9 not later than 2 years after the date of enactment 

10 of the Water Resources Development Act of 2016. 

11 ‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE12 MENTATION.—Not later than 180 days after the ex13 piration of the deadline under paragraph (1), the 

14 Secretary shall submit to the Committee on Trans15 portation and Infrastructure of the House of Rep16 resentatives and the Committee on Environment and 

17 Public Works of the Senate a report describing the 

18 measures implemented and barriers faced in car19 rying out this section. 

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

21 subsections (c), (d), and (e) shall apply to permit applica22 tions and requests for jurisdictional determinations sub23 mitted to the Secretary after the date of enactment of the 

24 Water Resources Development Act of 2016. 


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

2 the submission to the Secretary, acting through the Chief 

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

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

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

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

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

8 2040 and inserting the following: 

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

9 SEC. 136. DATA TRANSPARENCY. 

10 Section 2017 of the Water Resources Development 

11 Act of 2007 (33 U.S.C. 2342) is amended to read as fol12 lows: 

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

14 ‘‘(a) IN GENERAL.—Using available funds, the Sec15 retary shall make publicly available, including on the 

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

17 on— 

18 ‘‘(1) the planning, design, construction, oper19 ation, and maintenance of water resources develop20 ment projects; and 

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

22 projects owned, operated, or managed by the Corps 

23 of Engineers. 

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

25 construed to compel or authorize the disclosure of data 


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1 or other information determined by the Secretary to be 

2 confidential information, privileged information, law en3 forcement information, national security information, in4 frastructure security information, personal information, or 

5 information the disclosure of which is otherwise prohibited 

6 by law. 

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

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

9 as practicable after the data is generated by the Corps 

10 of Engineers. 

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

12 the Secretary may develop partnerships, including through 

13 cooperative agreements, with State, tribal, and local gov14 ernments and other Federal agencies.’’. 

15 SEC. 137. BACKLOG PREVENTION. 

16 (a) PROJECT DEAUTHORIZATION.— 

17 (1) IN GENERAL.—A water resources develop18 ment project, or separable element of such a project, 

19 authorized for construction by this Act shall not be 

20 authorized after the last day of the 7-year period be21 ginning on the date of enactment of this Act unless 

22 funds have been obligated for construction of such 

23 project during that period. 

24 (2) IDENTIFICATION OF PROJECTS.—Not later 

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1 riod referred to in paragraph (1), the Secretary shall 

2 submit to the Committee on Environment and Pub3 lic Works of the Senate and the Committee on 

4 Transportation and Infrastructure of the House of 

5 Representatives a report that identifies the projects 

6 deauthorized under paragraph (1). 

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

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

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

10 to the Committee on Environment and Public Works of 

11 the Senate and the Committee on Transportation and In12 frastructure of the House of Representatives, and make 

13 available to the public, a report that contains— 

14 (1) a list of any water resources development 

15 projects authorized by this Act for which construc16 tion has not been completed during that period; 

17 (2) a description of the reasons the projects 

18 were not completed; 

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

20 based on expected levels of appropriations; and 

21 (4) a 5-year and 10-year projection of construc22 tion backlog and any recommendations to Congress 

23 regarding how to mitigate current problems and the 

24 backlog. 


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1 SEC. 138. QUALITY CONTROL. 

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

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

4 665; 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and 

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

6 end. 

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

8 of the Water Resources Development Act of 2007 (33 

9 U.S.C. 2346(b)(1)) is amended by inserting ‘‘final post10 authorization change report,’’ after ‘‘final reevaluation re11 port,’’. 

12 SEC. 139. BUDGET DEVELOPMENT AND PRIORITIZATION. 

13 (a) IN GENERAL.—In conjunction with the Presi14 dent’s budget submission to Congress with respect to fiscal 

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

16 Code, and biennially thereafter in conjunction with the 

17 President’s budget submission, the Secretary shall submit 

18 to the Committee on Environment and Public Works and 

19 the Committee on Appropriations of the Senate and the 

20 Committee on Transportation and Infrastructure and the 

21 Committee on Appropriations of the House of Representa22 tives a report that describes— 

23 (1) the metrics used in developing the civil 

24 works budget for the applicable fiscal year; 

25 (2) the metrics used in developing each business 

26 line in the civil works budget; and 


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1 (3) how projects are prioritized in the applica2 ble budget submission, including how the Secretary 

3 determines those projects for which construction ini4 tiation is recommended. 

5 (b) NOTIFICATION.— 

6 (1) REQUIREMENT.—If the Secretary proposes 

7 a covered revised budget estimate, the Secretary 

8 shall notify, in writing, each Member of Congress 

9 representing a congressional district affected by the 

10 study, project, or activity subject to the revised esti11 mate. 

12 (2) COVERED REVISED BUDGET ESTIMATE DE13 FINED.—In this subsection, the term ‘‘covered re14 vised budget estimate’’ means a budget estimate for 

15 a water resources development study, project, or ac16 tivity that differs from the estimate most recently 

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

18 budget of the President submitted under section 

19 1105(a) of title 31, United States Code. 

20 TITLE II—STUDIES 

21 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

22 STUDIES. 

23 The Secretary is authorized to conduct a feasibility 

24 study for the following projects for water resources devel25 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) TULSA AND WEST TULSA LEVEES, TULSA, 

23 OKLAHOMA.—Project for flood damage reduction, 

24 Tulsa and West Tulsa Levees, Tulsa, Oklahoma. 


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1 (20) STONYCREEK AND LITTLE CONEMAUGH

2 RIVERS, PENNSYLVANIA.—Project for flood damage 

3 reduction and recreation, Stonycreek and Little 

4 Conemaugh Rivers, Pennsylvania. 

5 (21) TIOGA-HAMMOND LAKE, PENNSYLVANIA.— 

6 Project for ecosystem restoration, Tioga-Hammond 

7 Lake, Pennsylvania. 

8 (22) BRAZOS RIVER, FORT BEND COUNTY, 

9 TEXAS.—Project for flood damage reduction in the 

10 vicinity of the Brazos River, Fort Bend County, 

11 Texas. 

12 (23) CHACON CREEK, CITY OF LAREDO, 

13 TEXAS.—Project for flood damage reduction, eco14 system restoration, and recreation, Chacon Creek, 

15 city of Laredo, Texas. 

16 (24) CORPUS CHRISTI SHIP CHANNEL, 

17 TEXAS.—Project for navigation, Corpus Christi Ship 

18 Channel, Texas. 

19 (25) CITY OF EL PASO, TEXAS.—Project for 

20 flood damage reduction, city of El Paso, Texas. 

21 (26) GULF INTRACOASTAL WATERWAY, 

22 BRAZORIA AND MATAGORDA COUNTIES, TEXAS.— 

23 Project for navigation and hurricane and storm 

24 damage reduction, Gulf Intracoastal Waterway, 

25 Brazoria and Matagorda Counties, Texas. 


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1 (27) PORT OF BAY CITY, TEXAS.—Project for 

2 navigation, Port of Bay City, Texas. 

3 (28) CHINCOTEAGUE ISLAND, VIRGINIA.— 

4 Project for hurricane and storm damage reduction, 

5 navigation, and ecosystem restoration, Chincoteague 

6 Island, Virginia. 

7 (29) BURLEY CREEK WATERSHED, KITSAP

8 COUNTY, WASHINGTON.—Project for flood damage 

9 reduction and ecosystem restoration, Burley Creek 

10 Watershed, Kitsap County, Washington. 

11 SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CER12 TAIN PROJECTS. 

13 (a) FEASIBILITY REPORTS.—The Secretary shall ex14 pedite the completion of a feasibility study for each of the 

15 following projects, and if the Secretary determines that 

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

17 directly to preconstruction planning, engineering, and de18 sign of the project: 

19 (1) Project for flood risk management, Little 

20 Colorado River at Winslow, Navajo County, Arizona. 

21 (2) Project for flood risk management, Lower 

22 San Joaquin River, California. 

23 (3) Project for flood risk management and eco24 system restoration, Sacramento River Flood Control 

25 System, California. 


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1 (4) Project for hurricane and storm damage 

2 risk reduction, Ft. Pierce, Florida. 

3 (5) Project for flood risk management, Des 

4 Moines and Raccoon Rivers, Iowa. 

5 (6) Project for navigation, Mississippi River 

6 Ship Channel, Louisiana. 

7 (7) Project for flood risk management, North 

8 Branch Ecorse Creek, Wayne County, Michigan. 

9 (8) Project for navigation, Upper Ohio River, 

10 Pennsylvania. 

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

12 Secretary shall expedite completion of a post-authorization 

13 change report for the following projects: 

14 (1) Project for flood risk management, Swope 

15 Park Industrial Area, Kansas City, Missouri. 

16 (2) Project for hurricane and storm damage 

17 risk reduction, New Hanover County, North Caro18 lina. 

19 TITLE III—DEAUTHORIZATIONS 

20 AND RELATED PROVISIONS 

21 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

23 (1) to identify $5,000,000,000 in water re24 sources development projects authorized by Congress 

25 that are no longer viable for construction due to— 


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1 (A) a lack of local support; 

2 (B) a lack of available Federal or non-Fed3 eral resources; or 

4 (C) an authorizing purpose that is no 

5 longer relevant or feasible; 

6 (2) to create an expedited and definitive process 

7 for Congress to deauthorize water resources develop8 ment projects that are no longer viable for construc9 tion; and 

10 (3) to allow the continued authorization of 

11 water resources development projects that are viable 

12 for construction. 

13 (b) INTERIM DEAUTHORIZATION LIST.— 

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

15 an interim deauthorization list that identifies— 

16 (A) each water resources development 

17 project, or separable element of a project, au18 thorized for construction before November 8, 

19 2007, for which— 

20 (i) planning, design, or construction 

21 was not initiated before the date of enact22 ment of this Act; or 

23 (ii) planning, design, or construction 

24 was initiated before the date of enactment 

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1 eral or non-Federal, were obligated for 

2 planning, design, or construction of the 

3 project or separable element of the project 

4 during the current fiscal year or any of the 

5 6 preceding fiscal years; and 

6 (B) each project or separable element iden7 tified and included on a list to Congress for de8 authorization pursuant to section 1001(b)(2) of 

9 the Water Resources Development Act of 1986 

10 (33 U.S.C. 579a(b)(2)). 

11 (2) PUBLIC COMMENT AND CONSULTATION.— 

12 (A) IN GENERAL.—The Secretary shall so13 licit comments from the public and the Gov14 ernors of each applicable State on the interim 

15 deauthorization list developed under paragraph 

16 (1). 

17 (B) COMMENT PERIOD.—The public com18 ment period shall be 90 days. 

19 (3) SUBMISSION TO CONGRESS; PUBLICA20 TION.—Not later than 90 days after the date of the 

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

22 the Secretary shall— 

23 (A) submit a revised interim deauthoriza24 tion list to the Committee on Environment and 

25 Public Works of the Senate and the Committee 


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1 on Transportation and Infrastructure of the 

2 House of Representatives; and 

3 (B) publish the revised interim deauthor4 ization list in the Federal Register. 

5 (c) FINAL DEAUTHORIZATION LIST.— 

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

7 a final deauthorization list of water resources devel8 opment projects, or separable elements of projects, 

9 from the revised interim deauthorization list de10 scribed in subsection (b)(3). 

11 (2) DEAUTHORIZATION AMOUNT.— 

12 (A) PROPOSED FINAL LIST.—The Sec13 retary shall prepare a proposed final deauthor14 ization list of projects and separable elements of 

15 projects that have, in the aggregate, an esti16 mated Federal cost to complete that is at least 

17 $5,000,000,000. 

18 (B) DETERMINATION OF FEDERAL COST

19 TO COMPLETE.—For purposes of subparagraph 

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

21 account any allowances authorized by section 

22 902 of the Water Resources Development Act 

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

24 most recent project schedule and cost estimate. 

25 (3) IDENTIFICATION OF PROJECTS.— 


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1 (A) SEQUENCING OF PROJECTS.— 

2 (i) IN GENERAL.—The Secretary shall 

3 identify projects and separable elements of 

4 projects for inclusion on the proposed final 

5 deauthorization list according to the order 

6 in which the projects and separable ele7 ments of the projects were authorized, be8 ginning with the earliest authorized 

9 projects and separable elements of projects 

10 and ending with the latest project or sepa11 rable element of a project necessary to 

12 meet the aggregate amount under para13 graph (2). 

14 (ii) FACTORS TO CONSIDER.—The 

15 Secretary may identify projects and sepa16 rable elements of projects in an order other 

17 than that established by clause (i) if the 

18 Secretary determines, on a case-by-case 

19 basis, that a project or separable element 

20 of a project is critical for interests of the 

21 United States, based on the possible im22 pact of the project or separable element of 

23 the project on public health and safety, the 

24 national economy, or the environment. 


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1 (iii) CONSIDERATION OF PUBLIC COM2 MENTS.—In making determinations under 

3 clause (ii), the Secretary shall consider any 

4 comments received under subsection (b)(3). 

5 (B) APPENDIX.—The Secretary shall in6 clude as part of the proposed final deauthoriza7 tion list an appendix that— 

8 (i) identifies each project or separable 

9 element of a project on the interim de10 authorization list developed under sub11 section (b) that is not included on the pro12 posed final deauthorization list; and 

13 (ii) describes the reasons why the 

14 project or separable element is not in15 cluded on the proposed final list. 

16 (4) PUBLIC COMMENT AND CONSULTATION.— 

17 (A) IN GENERAL.—The Secretary shall so18 licit comments from the public and the Gov19 ernors of each applicable State on the proposed 

20 final deauthorization list and appendix devel21 oped under paragraphs (2) and (3). 

22 (B) COMMENT PERIOD.—The public com23 ment period shall be 90 days. 

24 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

25 PUBLICATION.—Not later than 120 days after the 


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1 date of the close of the comment period under para2 graph (4), the Secretary shall— 

3 (A) submit a final deauthorization list and 

4 an appendix to the final deauthorization list in 

5 a report to the Committee on Environment and 

6 Public Works of the Senate and the Committee 

7 on Transportation and Infrastructure of the 

8 House of Representatives; and 

9 (B) publish the final deauthorization list 

10 and the appendix to the final deauthorization 

11 list in the Federal Register. 

12 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

14 180-day period beginning on the date of submission 

15 of the final deauthorization list and appendix under 

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

17 project identified in the final deauthorization list is 

18 hereby deauthorized, unless Congress passes a joint 

19 resolution disapproving the final deauthorization list 

20 prior to the end of such period. 

21 (2) NON-FEDERAL CONTRIBUTIONS.— 

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

23 element of a project identified in the final de24 authorization list under subsection (c) shall not 

25 be deauthorized under this subsection if, before 


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1 the expiration of the 180-day period referred to 

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

3 the project or separable element of the project 

4 provides sufficient funds to complete the project 

5 or separable element of the project. 

6 (B) TREATMENT OF PROJECTS.—Notwith7 standing subparagraph (A), each project and 

8 separable element of a project identified in the 

9 final deauthorization list shall be treated as de10 authorized for purposes of the aggregate de11 authorization amount specified in subsection 

12 (c)(2). 

13 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

14 project or separable element of a project identified 

15 in the appendix to the final deauthorization list shall 

16 remain subject to future deauthorization by Con17 gress. 

18 (e) SPECIAL RULE FOR PROJECTS RECEIVING

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

20 separable element of a project may not be identified on 

21 the interim deauthorization list developed under sub22 section (b), or the final deauthorization list developed 

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

24 received funding for a post-authorization study during the 

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


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1 (f) GENERAL PROVISIONS.— 

2 (1) DEFINITIONS.—In this section, the fol3 lowing definitions apply: 

4 (A) POST-AUTHORIZATION STUDY.—The 

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

6 (i) a feasibility report developed under 

7 section 905 of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2282); 

9 (ii) a feasibility study, as defined in 

10 section 105(d) of the Water Resources De11 velopment Act of 1986 (33 U.S.C. 

12 2215(d)); or 

13 (iii) a review conducted under section 

14 216 of the Flood Control Act of 1970 (33 

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

16 that— 

17 (I) demonstrates a Federal inter18 est; and 

19 (II) requires additional analysis 

20 for the project or separable element. 

21 (B) WATER RESOURCES DEVELOPMENT

22 PROJECT.—The term ‘‘water resources develop23 ment project’’ includes an environmental infra24 structure assistance project or program of the 

25 Corps of Engineers. 


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1 (2) TREATMENT OF PROJECT MODIFICA2 TIONS.—For purposes of this section, if an author3 ized water resources development project or sepa4 rable element of the project has been modified by an 

5 Act of Congress, the date of the authorization of the 

6 project or separable element shall be deemed to be 

7 the date of the most recent such modification. 

8 SEC. 302. VALDEZ, ALASKA. 

9 (a) IN GENERAL.—Subject to subsection (b), the por10 tion of the project for navigation, Valdez, Alaska, identi11 fied as Tract G, Harbor Subdivision, shall not be subject 

12 to navigational servitude beginning on the date of enact13 ment of this Act. 

14 (b) ENTRY BY FEDERAL GOVERNMENT.—The Fed15 eral Government may enter upon the property referred to 

16 in subsection (a) to carry out any required operation and 

17 maintenance of the general navigation features of the 

18 project referred to in subsection (a). 

19 SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS AN20 GELES COUNTY, CALIFORNIA. 

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

22 (1) prioritize the updating of the Water Control 

23 Manuals for control structures in the Los Angeles 

24 County Drainage Area, Los Angeles County, Cali25 fornia, authorized by section 101(b) of the Water 


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1 Resources Development Act of 1990 (Public Law 

2 101–640; 104 Stat. 4611); and 

3 (2) integrate and incorporate into the project 

4 seasonal operations for water conservation and water 

5 supply. 

6 (b) PARTICIPATION.—The update referred to in sub7 section (a) shall be done in coordination with all appro8 priate Federal agencies, elected officials, and members of 

9 the public. 

10 SEC. 304. SUTTER BASIN, CALIFORNIA. 

11 (a) IN GENERAL.—The separable element consti12 tuting the locally preferred plan increment reflected in the 

13 report of the Chief of Engineers dated March 12, 2014, 

14 and authorized for construction in item 8 of the table con15 tained in section 7002(2) of the Water Resources Reform 

16 and Development Act of 2014 (Public Law 113–121; 128 

17 Stat. 1366) is no longer authorized beginning on the date 

18 of enactment of this Act. 

19 (b) SAVINGS PROVISIONS.—The deauthorization 

20 under subsection (a) does not affect— 

21 (1) the national economic development plan sep22 arable element reflected in the report of the Chief of 

23 Engineers dated March 12, 2014, and authorized for 

24 construction in item 8 of the table contained in sec25 tion 7002(2) of the Water Resources Reform and 


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1 Development Act of 2014 (Public Law 113–121; 

2 128 Stat. 1366); or 

3 (2) previous authorizations providing for the 

4 Sacramento River and major and minor tributaries 

5 project, including— 

6 (A) section 2 of the Act of March 1, 1917 

7 (39 Stat. 949, chapter 144); 

8 (B) section 12 of the Act of December 22, 

9 1944 (58 Stat. 900, chapter 665); 

10 (C) section 204 of the Flood Control Act 

11 of 1950 (64 Stat. 177, chapter 188); and 

12 (D) any other Acts relating to the author13 ization for the Sacramento River and major and 

14 minor tributaries project along the Feather 

15 River right bank between levee stationing 

16 1483+33 and levee stationing 2368+00. 

17 SEC. 305. ESSEX RIVER, MASSACHUSETTS. 

18 (a) DEAUTHORIZATION.—The portions of the project 

19 for navigation, Essex River, Massachusetts, authorized by 

20 the Act of July 13, 1892 (27 Stat. 88, chapter 158), and 

21 modified by the Act of March 3, 1899 (30 Stat. 1121, 

22 chapter 425), and the Act of March 2, 1907 (34 Stat. 

23 1073, chapter 2509), that do not lie within the areas de24 scribed in subsection (b) are no longer authorized begin25 ning on the date of enactment of this Act. 


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1 (b) DESCRIPTION OF PROJECT AREAS.—The areas 

2 described in this subsection are as follows: Beginning at 

3 a point N3056139.82 E851780.21, thence southwesterly 

4 about 156.88 feet to a point N3055997.75 E851713.67; 

5 thence southwesterly about 64.59 feet to a point 

6 N3055959.37 E851661.72; thence southwesterly about 

7 145.14 feet to a point N3055887.10 E851535.85; thence 

8 southwesterly about 204.91 feet to a point N3055855.12 

9 E851333.45; thence northwesterly about 423.50 feet to a 

10 point N3055976.70 E850927.78; thence northwesterly 

11 about 58.77 feet to a point N3056002.99 E850875.21; 

12 thence northwesterly about 240.57 feet to a point 

13 N3056232.82 E850804.14; thence northwesterly about 

14 203.60 feet to a point N3056435.41 E850783.93; thence 

15 northwesterly about 78.63 feet to a point N3056499.63 

16 E850738.56; thence northwesterly about 60.00 feet to a 

17 point N3056526.30 E850684.81; thence southwesterly 

18 about 85.56 feet to a point N3056523.33 E850599.31; 

19 thence southwesterly about 36.20 feet to a point 

20 N3056512.37 E850564.81; thence southwesterly about 

21 80.10 feet to a point N3056467.08 E850498.74; thence 

22 southwesterly about 169.05 feet to a point N3056334.36 

23 E850394.03; thence northwesterly about 48.52 feet to a 

24 point N3056354.38 E850349.83; thence northeasterly 

25 about 83.71 feet to a point N3056436.35 E850366.84; 


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1 thence northeasterly about 212.38 feet to a point 

2 N3056548.70 E850547.07; thence northeasterly about 

3 47.60 feet to a point N3056563.12 E850592.43; thence 

4 northeasterly about 101.16 feet to a point N3056566.62 

5 E850693.53; thence southeasterly about 80.22 feet to a 

6 point N3056530.97 E850765.40; thence southeasterly 

7 about 99.29 feet to a point N3056449.88 E850822.69; 

8 thence southeasterly about 210.12 feet to a point 

9 N3056240.79 E850843.54; thence southeasterly about 

10 219.46 feet to a point N3056031.13 E850908.38; thence 

11 southeasterly about 38.23 feet to a point N3056014.02 

12 E850942.57; thence southeasterly about 410.93 feet to a 

13 point N3055896.06 E851336.21; thence northeasterly 

14 about 188.43 feet to a point N3055925.46 E851522.33; 

15 thence northeasterly about 135.47 feet to a point 

16 N3055992.91 E851639.80; thence northeasterly about 

17 52.15 feet to a point N3056023.90 E851681.75; thence 

18 northeasterly about 91.57 feet to a point N3056106.82 

19 E851720.59. 

20 SEC. 306. PORT OF CASCADE LOCKS, OREGON. 

21 (a) EXTINGUISHMENT OF PORTIONS OF EXISTING

22 FLOWAGE EASEMENT.—With respect to the properties de23 scribed in subsection (b), beginning on the date of enact24 ment of this Act, the flowage easements described in subVerDate Sep 11 2014 03:05 May 24, 2016 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303

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1 section (c) are extinguished above elevation 82.2 feet 

2 (NGVD29), the ordinary high water line. 

3 (b) AFFECTED PROPERTIES.—The properties de4 scribed in this subsection, as recorded in Hood River 

5 County, Oregon, are as follows: 

6 (1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade 

7 Locks Business Park’’ subdivision, Instrument 

8 Number 2014–00436. 

9 (2) Parcels 1, 2, and 3 of Hood River County 

10 Partition, Plat Number 2008–25P. 

11 (c) FLOWAGE EASEMENTS.—The flowage easements 

12 described in this subsection are identified as Tracts 302E– 

13 1 and 304E–1 on the easement deeds recorded as instru14 ments in Hood River County, Oregon, and described as 

15 follows: 

16 (1) A flowage easement dated October 3, 1936, 

17 recorded December 1, 1936, book 25, page 531 

18 (Records of Hood River County, Oregon), in favor of 

19 the United States (302E–1–Perpetual Flowage 

20 Easement from 10/5/37, 10/5/36, and 10/3/36; pre21 viously acquired as Tracts OH–36 and OH–41 and 

22 a portion of Tract OH–47). 

23 (2) A flowage easement dated October 5, 1936, 

24 recorded October 17, 1936, book 25, page 476 

25 (Records of Hood River County, Oregon), in favor of 


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1 the United States, affecting that portion below the 

2 94-foot contour line above main sea level (304 E1– 

3 Perpetual Flowage Easement from 8/10/37 and 10/ 

4 3/36; previously acquired as Tract OH–042 and a 

5 portion of Tract OH–47). 

6 (d) FEDERAL LIABILITIES; CULTURAL, ENVIRON7 MENTAL, AND OTHER REGULATORY REVIEWS.— 

8 (1) FEDERAL LIABILITY.—The United States 

9 shall not be liable for any injury caused by the extin10 guishment of an easement under this section. 

11 (2) CULTURAL AND ENVIRONMENTAL REGU12 LATORY ACTIONS.—Nothing in this section estab13 lishes any cultural or environmental regulation relat14 ing to the properties described in subsection (b). 

15 (e) EFFECT ON OTHER RIGHTS.—Nothing in this 

16 section affects any remaining right or interest of the Corps 

17 of Engineers in the properties described in subsection (b). 

18 SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, 

19 PENNSYLVANIA. 

20 (a) AREA TO BE DECLARED NONNAVIGABLE.—Sub21 ject to subsection (c), unless the Secretary finds, after con22 sultation with local and regional public officials (including 

23 local and regional public planning organizations), that 

24 there are substantive objections, those portions of the 

25 Delaware River, bounded by the former bulkhead and 


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1 pierhead lines that were established by the Secretary of 

2 War and successors and described as follows, are declared 

3 to be nonnavigable waters of the United States: 

4 (1) Piers 70 South through 38 South, encom5 passing an area bounded by the southern line of 

6 Moore Street extended to the northern line of Cath7 erine Street extended, including the following piers: 

8 Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 

9 40, and 38. 

10 (2) Piers 24 North through 72 North, encom11 passing an area bounded by the southern line of Cal12 lowhill Street extended to the northern line of East 

13 Fletcher Street extended, including the following 

14 piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 

15 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and 

16 Rivercenter. 

17 (b) PUBLIC INTEREST DETERMINATION.—The Sec18 retary shall make the public interest determination under 

19 subsection (a) separately for each proposed project to be 

20 undertaken within the boundaries described in subsection 

21 (a), using reasonable discretion, not later than 150 days 

22 after the date of submission of appropriate plans for the 

23 proposed project. 

24 (c) LIMITS ON APPLICABILITY; REGULATORY RE25 QUIREMENTS.—The declaration under subsection (a) shall 


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1 apply only to those parts of the areas described in sub2 section (a) that are or will be bulkheaded and filled or 

3 otherwise occupied by permanent structures, including 

4 marina and recreation facilities. All such work is subject 

5 to all applicable Federal statutes and regulations, includ6 ing sections 9 and 10 of the Act of March 3, 1899 (30 

7 Stat. 1151, chapter 425; 33 U.S.C. 401 and 403), section 

8 404 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1344), and the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.). 

11 SEC. 308. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

12 Section 38(c) of the Water Resources Development 

13 Act of 1988 (33 U.S.C. 59j–1(c)) is amended— 

14 (1) by striking ‘‘(except 30 years from such 

15 date of enactment, in the case of the area or any 

16 part thereof described in subsection (a)(5))’’; and 

17 (2) by adding at the end the following: ‘‘Not18 withstanding the preceding sentence, the declaration 

19 of nonnavigability for the area described in sub20 section (a)(5), or any part thereof, shall not ex21 pire.’’. 

22 SEC. 309. JOE POOL LAKE, TEXAS. 

23 The Secretary shall accept from the Trinity River Au24 thority of Texas, if received by September 30, 2016, 

25 $31,233,401 as payment in full of amounts owed to the 


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1 United States, including any accrued interest, for the ap2 proximately 61,747.1 acre-feet of water supply storage 

3 space in Joe Pool Lake, Texas (previously known as 

4 Lakeview Lake), for which payment has not commenced 

5 under Article 5.a. (relating to project investment costs) 

6 of contract number DACW63–76–C–0106, as of the date 

7 of enactment of this Act. 

8 SEC. 310. SALT CREEK, GRAHAM, TEXAS. 

9 (a) IN GENERAL.—The project for flood control, envi10 ronmental restoration, and recreation, Salt Creek, Gra11 ham, Texas, authorized by section 101(a)(30) of the 

12 Water Resources Development Act of 1999 (Public Law 

13 106–53; 113 Stat. 278), is no longer authorized as a Fed14 eral project beginning on the date of enactment of this 

15 Act. 

16 (b) CERTAIN PROJECT-RELATED CLAIMS.—The non17 Federal interest for the project shall hold and save the 

18 United States harmless from any claim that has arisen, 

19 or that may arise, in connection with the project. 

20 (c) TRANSFER.—The Secretary is authorized to 

21 transfer any land acquired by the Federal Government for 

22 the project on behalf of the non-Federal interest that re23 mains in Federal ownership on or after the date of enact24 ment of this Act to the non-Federal interest. 


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1 (d) REVERSION.—If the Secretary determines that 

2 land transferred under subsection (c) ceases to be owned 

3 by the public, all right, title, and interest in and to the 

4 land and improvements thereon shall revert, at the discre5 tion of the Secretary, to the United States. 

6 SEC. 311. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

7 (a) IN GENERAL.—The portion of the Texas City 

8 Ship Channel, Texas City, Texas, described in subsection 

9 (b) shall not be subject to navigational servitude beginning 

10 on the date of enactment of this Act. 

11 (b) DESCRIPTION.—The portion of the Texas City 

12 Ship Channel described in this subsection is a tract or par13 cel containing 393.53 acres (17,142,111 square feet) of 

14 land situated in the City of Texas City Survey, Abstract 

15 Number 681, and State of Texas Submerged Lands 

16 Tracts 98A and 99A, Galveston County, Texas, said 

17 393.53 acre tract being more particularly described as fol18 lows: 

19 (1) Beginning at the intersection of an edge of 

20 fill along Galveston Bay with the most northerly east 

21 survey line of said City of Texas City Survey, Ab22 stract No. 681, the same being a called 375.75 acre 

23 tract patented by the State of Texas to the City of 

24 Texas City and recorded in Volume 1941, Page 750 

25 of the Galveston County Deed Records (G.C.D.R.), 


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1 from which a found U.S. Army Corps of Engineers 

2 Brass Cap stamped ‘‘R 4–3’’ set in the top of the 

3 Texas City Dike along the east side of Bay Street 

4 bears North 56° 14′ 32′′ West, a distance of 

5 6,045.31 feet and from which a found U.S. Army 

6 Corps of Engineers Brass Cap stamped ‘‘R 4–2’’ set 

7 in the top of the Texas City Dike along the east side 

8 of Bay Street bears North 49° 13′ 20′′ West, a dis9 tance of 6,693.64 feet. 

10 (2) Thence, over and across said State Tracts 

11 98A and 99A and along the edge of fill along said 

12 Galveston Bay, the following eight (8) courses and 

13 distances: 

14 (A) South 75° 49′ 13′′ East, a distance of 

15 298.08 feet to an angle point of the tract herein 

16 described. 

17 (B) South 81° 16′ 26′′ East, a distance of 

18 170.58 feet to an angle point of the tract herein 

19 described. 

20 (C) South 79° 20′ 31′′ East, a distance of 

21 802.34 feet to an angle point of the tract herein 

22 described. 

23 (D) South 75° 57′ 32′′ East, a distance of 

24 869.68 feet to a point for the beginning of a 

25 non-tangent curve to the right. 


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1 (E) Easterly along said non-tangent curve 

2 to the right having a radius of 736.80 feet, a 

3 central angle of 24° 55′ 59′′, a chord of South 

4 68° 47′ 35′′ East – 318.10 feet, and an arc 

5 length of 320.63 feet to a point for the begin6 ning of a non-tangent curve to the left. 

7 (F) Easterly along said non-tangent curve 

8 to the left having a radius of 373.30 feet, a 

9 central angle of 31° 57′ 42′′, a chord of South 

10 66° 10′ 42′′ East – 205.55 feet, and an arc 

11 length of 208.24 feet to a point for the begin12 ning of a non-tangent curve to the right. 

13 (G) Easterly along said non-tangent curve 

14 to the right having a radius of 15,450.89 feet, 

15 a central angle of 02° 04′ 10′′, a chord of South 

16 81° 56′ 20′′ East – 558.04 feet, and an arc 

17 length of 558.07 feet to a point for the begin18 ning of a compound curve to the right and the 

19 northeasterly corner of the tract herein de20 scribed. 

21 (H) Southerly along said compound curve 

22 to the right and the easterly line of the tract 

23 herein described, having a radius of 1,425.00 

24 feet, a central angle of 133° 08′ 00′′, a chord 

25 of South 14° 20′ 15′′ East – 2,614.94 feet, and 


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1 an arc length of 3,311.15 feet to a point on a 

2 line lying 125.00 feet northerly of and parallel 

3 with the centerline of an existing levee for the 

4 southeasterly corner of the tract herein de5 scribed. 

6 (3) Thence, continuing over and across said 

7 State Tracts 98A and 99A and along lines lying 

8 125.00 feet northerly of, parallel, and concentric 

9 with the centerline of said existing levee, the fol10 lowing twelve (12) courses and distances: 

11 (A) North 78° 01′ 58′′ West, a distance of 

12 840.90 feet to an angle point of the tract herein 

13 described. 

14 (B) North 76° 58′ 35′′ West, a distance of 

15 976.66 feet to an angle point of the tract herein 

16 described. 

17 (C) North 76° 44′ 33′′ West, a distance of 

18 1,757.03 feet to a point for the beginning of a 

19 tangent curve to the left. 

20 (D) Southwesterly, along said tangent 

21 curve to the left having a radius of 185.00 feet, 

22 a central angle of 82° 27′ 32′′, a chord of South 

23 62° 01′ 41′′ West – 243.86 feet, and an arc 

24 length of 266.25 feet to a point for the begin25 ning of a compound curve to the left. 


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1 (E) Southerly, along said compound curve 

2 to the left having a radius of 4,535.58 feet, a 

3 central angle of 11° 06′ 58′′, a chord of South 

4 15° 14′ 26′′ West – 878.59 feet, and an arc 

5 length of 879.97 feet to an angle point of the 

6 tract herein described. 

7 (F) South 64° 37′ 11′′ West, a distance of 

8 146.03 feet to an angle point of the tract herein 

9 described. 

10 (G) South 67° 08′ 21′′ West, a distance of 

11 194.42 feet to an angle point of the tract herein 

12 described. 

13 (H) North 34° 48′ 22′′ West, a distance of 

14 789.69 feet to an angle point of the tract herein 

15 described. 

16 (I) South 42° 47′ 10′′ West, a distance of 

17 161.01 feet to an angle point of the tract herein 

18 described. 

19 (J) South 42° 47′ 10′′ West, a distance of 

20 144.66 feet to a point for the beginning of a 

21 tangent curve to the right. 

22 (K) Westerly, along said tangent curve to 

23 the right having a radius of 310.00 feet, a cen24 tral angle of 59° 50′ 28′′, a chord of South 72° 

25 42′ 24′′ West – 309.26 feet, and an arc length 


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1 of 323.77 feet to an angle point of the tract 

2 herein described. 

3 (L) North 77° 22′ 21′′ West, a distance of 

4 591.41 feet to the intersection of said parallel 

5 line with the edge of fill adjacent to the easterly 

6 edge of the Texas City Turning Basin for the 

7 southwesterly corner of the tract herein de8 scribed, from which a found U.S. Army Corps 

9 of Engineers Brass Cap stamped ‘‘SWAN 2’’ 

10 set in the top of a concrete column set flush in 

11 the ground along the north bank of Swan Lake 

12 bears South 20° 51′ 58′′ West, a distance of 

13 4,862.67 feet. 

14 (4) Thence, over and across said City of Texas 

15 City Survey and along the edge of fill adjacent to 

16 the easterly edge of said Texas City Turning Basin, 

17 the following eighteen (18) courses and distances: 

18 (A) North 01° 34′ 19′′ East, a distance of 

19 57.40 feet to an angle point of the tract herein 

20 described. 

21 (B) North 05° 02′ 13′′ West, a distance of 

22 161.85 feet to an angle point of the tract herein 

23 described. 


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1 (C) North 06° 01′ 56′′ East, a distance of 

2 297.75 feet to an angle point of the tract herein 

3 described. 

4 (D) North 06° 18′ 07′′ West, a distance of 

5 71.33 feet to an angle point of the tract herein 

6 described. 

7 (E) North 07° 21′ 09′′ West, a distance of 

8 122.45 feet to an angle point of the tract herein 

9 described. 

10 (F) North 26° 41′ 15′′ West, a distance of 

11 46.02 feet to an angle point of the tract herein 

12 described. 

13 (G) North 01° 31′ 59′′ West, a distance of 

14 219.78 feet to an angle point of the tract herein 

15 described. 

16 (H) North 15° 54′ 07′′ West, a distance of 

17 104.89 feet to an angle point of the tract herein 

18 described. 

19 (I) North 04° 00′ 34′′ East, a distance of 

20 72.94 feet to an angle point of the tract herein 

21 described. 

22 (J) North 06° 46′ 38′′ West, a distance of 

23 78.89 feet to an angle point of the tract herein 

24 described. 


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1 (K) North 12° 07′ 59′′ West, a distance of 

2 182.79 feet to an angle point of the tract herein 

3 described. 

4 (L) North 20° 50′ 47′′ West, a distance of 

5 105.74 feet to an angle point of the tract herein 

6 described. 

7 (M) North 02° 02′ 04′′ West, a distance of 

8 184.50 feet to an angle point of the tract herein 

9 described. 

10 (N) North 08° 07′ 11′′ East, a distance of 

11 102.23 feet to an angle point of the tract herein 

12 described. 

13 (O) North 08° 16′ 00′′ West, a distance of 

14 213.45 feet to an angle point of the tract herein 

15 described. 

16 (P) North 03° 15′ 16′′ West, a distance of 

17 336.45 feet to a point for the beginning of a 

18 non-tangent curve to the left. 

19 (Q) Northerly along said non-tangent 

20 curve to the left having a radius of 896.08 feet, 

21 a central angle of 14° 00′ 05′′, a chord of North 

22 09° 36′ 03′′ West – 218.43 feet, and an arc 

23 length of 218.97 feet to a point for the begin24 ning of a non-tangent curve to the right. 


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1 (R) Northerly along said non-tangent 

2 curve to the right having a radius of 483.33 

3 feet, a central angle of 19° 13′ 34′′, a chord of 

4 North 13° 52′ 03′′ East – 161.43 feet, and an 

5 arc length of 162.18 feet to a point for the 

6 northwesterly corner of the tract herein de7 scribed. 

8 (5) Thence, continuing over and across said 

9 City of Texas City Survey, and along the edge of fill 

10 along said Galveston Bay, the following fifteen (15) 

11 courses and distances: 

12 (A) North 30° 45′ 02′′ East, a distance of 

13 189.03 feet to an angle point of the tract herein 

14 described. 

15 (B) North 34° 20′ 49′′ East, a distance of 

16 174.16 feet to a point for the beginning of a 

17 non-tangent curve to the right. 

18 (C) Northeasterly along said non-tangent 

19 curve to the right having a radius of 202.01 

20 feet, a central angle of 25° 53′ 37′′, a chord of 

21 North 33° 14′ 58′′ East – 90.52 feet, and an 

22 arc length of 91.29 feet to a point for the be23 ginning of a non-tangent curve to the left. 

24 (D) Northeasterly along said non-tangent 

25 curve to the left having a radius of 463.30 feet, 


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1 a central angle of 23° 23′ 57′′, a chord of North 

2 48° 02′ 53′′ East – 187.90 feet, and an arc 

3 length of 189.21 feet to a point for the begin4 ning of a non-tangent curve to the right. 

5 (E) Northeasterly along said non-tangent 

6 curve to the right having a radius of 768.99 

7 feet, a central angle of 16° 24′ 19′′, a chord of 

8 North 43° 01′ 40′′ East – 219.43 feet, and an 

9 arc length of 220.18 feet to an angle point of 

10 the tract herein described. 

11 (F) North 38° 56′ 50′′ East, a distance of 

12 126.41 feet to an angle point of the tract herein 

13 described. 

14 (G) North 42° 59′ 50′′ East, a distance of 

15 128.28 feet to a point for the beginning of a 

16 non-tangent curve to the right. 

17 (H) Northerly along said non-tangent 

18 curve to the right having a radius of 151.96 

19 feet, a central angle of 68° 36′ 31′′, a chord of 

20 North 57° 59′ 42′′ East – 171.29 feet, and an 

21 arc length of 181.96 feet to a point for the 

22 most northerly corner of the tract herein de23 scribed. 


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1 (I) South 77° 14′ 49′′ East, a distance of 

2 131.60 feet to an angle point of the tract herein 

3 described. 

4 (J) South 84° 44′ 18′′ East, a distance of 

5 86.58 feet to an angle point of the tract herein 

6 described. 

7 (K) South 58° 14′ 45′′ East, a distance of 

8 69.62 feet to an angle point of the tract herein 

9 described. 

10 (L) South 49° 44′ 51′′ East, a distance of 

11 149.00 feet to an angle point of the tract herein 

12 described. 

13 (M) South 44° 47′ 21′′ East, a distance of 

14 353.77 feet to a point for the beginning of a 

15 non-tangent curve to the left. 

16 (N) Easterly along said non-tangent curve 

17 to the left having a radius of 253.99 feet, a 

18 central angle of 98° 53′ 23′′, a chord of South 

19 83° 28′ 51′′ East – 385.96 feet, and an arc 

20 length of 438.38 feet to an angle point of the 

21 tract herein described. 

22 (O) South 75° 49′ 13′′ East, a distance of 

23 321.52 feet to the point of beginning and con24 taining 393.53 acres (17,142,111 square feet) 

25 of land. 


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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 March 16, 

2016 

Federal: $29,062,000 

Non-Federal: $3,255,000 

Total: $32,317,000. 

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 

5. KS Upper Turkey 

Creek Basin 

Dec. 22, 

2015 

Federal: $24,584,000 

Non-Federal: $13,238,000 

Total: $37,822,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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. 

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) DEAUTHORIZATIONS, MODIFICATIONS, AND

2 OTHER PROJECTS.— 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

1. TX Upper Trinity 

River 

May 21, 

2008 

Federal: $526,500,000 

Non-Federal: $283,500,000 

Total: $810,000,000 

2. KY Green River Locks 

and Dams 3, 4, 

5, 6 and Barren 

River Lock and 

Dam 1 Disposition 

Apr. 30, 

2015 

Federal: $0 

Non-Federal: $0 

Total: $0 

3. KS Turkey Creek 

Basin 

May 13, 

2016 

Federal: $97,067,750 

Non-Federal: $55,465,250 

Total: $152,533,000 

4. KY Ohio River Shoreline May 13, 

2016 

Federal: $34,860,000 

Non-Federal: $11,620,000 

Total: $46,480,000 

5. MO Blue River Basin May 13, 

2016 

Federal: $20,309,900 

Non-Federal: $10,936,100 

Total: $31,246,000. 

Æ 


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