IB 

Union Calendar No. 613 

114TH CONGRESS 

2D SESSION H. R. 5303 

[Report No. 114–785] 

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 

SEPTEMBER 22, 2016 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

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

SEPTEMBER 22, 2016 

The Committee on Natural Resources discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on May 23, 2016] 


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A BILL 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 

TITLE I—GENERAL PROVISIONS 

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

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

in curation and historic preservation. 

Sec. 103. Youth service and conservation corps organizations. 

Sec. 104. Navigation safety. 

Sec. 105. Emerging harbors. 

Sec. 106. Federal breakwaters and jetties. 

Sec. 107. Donor ports and energy transfer ports. 

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

Sec. 109. Remote and subsistence harbors. 

Sec. 110. Beneficial use of dredged material. 

Sec. 111. Reservoir sediment. 

Sec. 112. Contributed funds for reservoir operations. 

Sec. 113. Water supply conservation. 

Sec. 114. Interstate compacts. 

Sec. 115. Nonstructural alternatives. 

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

Sec. 117. Estuary restoration. 

Sec. 118. Great Lakes fishery and ecosystem restoration. 

Sec. 119. Agreements. 

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

Sec. 121. Federal dredge fleet. 

Sec. 122. Corps of Engineers assets. 

Sec. 123. Funding to process permits. 

Sec. 124. Credit in lieu of reimbursement. 

Sec. 125. Clarification of contributions during emergency events. 

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

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

Sec. 128. Multistate activities. 

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

Sec. 130. Participation of non-Federal interests. 

Sec. 131. Indian tribes. 

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

Sec. 133. Scope of projects. 


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Sec. 134. Preliminary feasibility study activities. 

Sec. 135. Post-authorization change reports. 

Sec. 136. Maintenance dredging data. 

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

Sec. 138. Data transparency. 

Sec. 139. Backlog prevention. 

Sec. 140. Quality control. 

Sec. 141. Budget development and prioritization. 

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

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

Sec. 144. Integrated water resources planning. 

Sec. 145. Evaluation of project partnership agreements. 

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

Sec. 147. Arctic deep draft port development partnerships. 

Sec. 148. International outreach program. 

Sec. 149. Comprehensive study. 

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

Sec. 151. Alternative projects to maintenance dredging. 

Sec. 152. Fish hatcheries. 

Sec. 153. Environmental banks. 

TITLE II—STUDIES 

Sec. 201. Authorization of proposed feasibility studies. 

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

TITLE III—DEAUTHORIZATIONS AND RELATED PROVISIONS 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Valdez, Alaska. 

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

Sec. 304. Sutter Basin, California. 

Sec. 305. Essex River, Massachusetts. 

Sec. 306. Port of Cascade Locks, Oregon. 

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

Sec. 308. Huntingdon County, Pennsylvania. 

Sec. 309. Rivercenter, Philadelphia, Pennsylvania. 

Sec. 310. Joe Pool Lake, Texas. 

Sec. 311. Salt Creek, Graham, Texas. 

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

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

1 SEC. 2. SECRETARY DEFINED. 

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

3 of the Army. 


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1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. SENSE OF CONGRESS REGARDING WATER RE3 SOURCES DEVELOPMENT ACTS. 

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

5 (1) The Corps of Engineers constructs projects 

6 for the purposes of navigation, flood control, beach 

7 erosion control and shoreline protection, hydroelectric 

8 power, recreation, water supply, environmental pro9 tection, restoration, and enhancement, and fish and 

10 wildlife mitigation. 

11 (2) The Corps of Engineers is the primary Fed12 eral provider of outdoor recreation in the United 

13 States. 

14 (3) The Corps of Engineers owns and operates 

15 more than 600 dams. 

16 (4) The Corps of Engineers operates and main17 tains 12,000 miles of commercial inland navigation 

18 channels. 

19 (5) The Corps of Engineers manages the dredg20 ing of more than 200,000,000 cubic yards of construc21 tion and maintenance dredge material annually. 

22 (6) The Corps of Engineers maintains 926 coast23 al, Great Lakes, and inland harbors. 


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1 (7) The Corps of Engineers restores, creates, en2 hances, or preserves tens of thousands of acres of wet3 lands annually under the Corps’ Regulatory Program. 

4 (8) The Corps of Engineers provides a total 

5 water supply storage capacity of 329,200,000 acre-feet 

6 in major Corps lakes. 

7 (9) The Corps of Engineers owns and operates 24 

8 percent of United States hydropower capacity or 3 

9 percent of the total electric capacity of the United 

10 States. 

11 (10) The Corps of Engineers supports Army and 

12 Air Force installations. 

13 (11) The Corps of Engineers provides technical 

14 and construction support to more than 100 countries. 

15 (12) The Corps of Engineers manages an Army 

16 military construction program that carried out ap17 proximately $44,600,000,000 in construction projects 

18 (the largest construction effort since World War II) 

19 between 2006 and 2013. 

20 (13) The Corps of Engineers researches and de21 velops technologies to protect the environment and en22 hance quality of life in the United States. 

23 (14) The legislation for authorizing Corps of En24 gineers projects is the Water Resources Development 


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1 Act and, between 1986 and 2000, Congress typically 

2 enacted an authorization bill every 2 years. 

3 (15) Since 2000, only 3 Water Resources Devel4 opment Acts have been enacted. 

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

6 Development Act of 2014 was enacted, which acceler7 ated the infrastructure project delivery process, fos8 tered fiscal responsibility, and strengthened water 

9 transportation networks to promote the competitive10 ness, prosperity, and economic growth of the United 

11 States. 

12 (17) Section 1001 of the Water Resources Reform 

13 and Development Act of 2014 (33 U.S.C. 2282c) re14 quires typical Corps of Engineers project feasibility 

15 studies to be completed in 3 years. 

16 (18) Section 7001 of the Water Resources Reform 

17 and Development Act of 2014 (33 U.S.C. 2282d) re18 quires the Corps of Engineers to submit annually a 

19 Report to Congress on Future Water Resources Devel20 opment, which ensures projects and activities pro21 posed at the local, regional, and State levels are con22 sidered for authorization. 

23 (19) Passing Water Resources Development Acts 

24 on a routine basis enables Congress to exercise over25 sight, ensures the Corps of Engineers maintains an 


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1 appropriately sized portfolio, prevents project backlog, 

2 and keeps United States infrastructure competitive. 

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

4 that— 

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

6 Engineers are a unique function that benefits all 

7 Americans; 

8 (2) water resources development projects are crit9 ical to maintaining economic prosperity, national se10 curity, and environmental protection; 

11 (3) Congress has required timely delivery of 

12 project and study authorization proposals from non13 Federal project sponsors and the Corps of Engineers; 

14 and 

15 (4) Congress should consider a Water Resources 

16 Development Act at least once every Congress. 

17 SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS AND 

18 MEMBERS OF ARMED FORCES IN CURATION 

19 AND HISTORIC PRESERVATION. 

20 Using available funds, the Secretary, acting through 

21 the Chief of Engineers, shall carry out a Veterans’ Curation 

22 Program to train and hire veterans and members of the 

23 Armed Forces to assist the Secretary in carrying out 

24 curation and historic preservation activities. 


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1 SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS OR2 GANIZATIONS. 

3 Section 213 of the Water Resources Development Act 

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

5 (1) by redesignating subsection (c) as subsection 

6 (d); and 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS OR10 GANIZATIONS.—The Secretary shall, to the maximum extent 

11 practicable, enter into cooperative agreements with quali12 fied youth service and conservation corps organizations for 

13 services relating to projects under the jurisdiction of the 

14 Secretary and shall do so in a manner that ensures the 

15 maximum participation and opportunities for such organi16 zations.’’. 

17 SEC. 104. NAVIGATION SAFETY. 

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

19 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to 

20 carry out navigation safety activities at those projects eligi21 ble for operation and maintenance under section 204(f) of 

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

23 2232(f)). 

24 SEC. 105. EMERGING HARBORS. 

25 Section 210 of the Water Resources Development Act 

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


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

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

3 each fiscal year’’; and 

4 (2) in subsection (d)(1)(A)— 

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

6 striking ‘‘For each of fiscal years 2015 through 

7 2024’’ and inserting ‘‘For each fiscal year’’; 

8 (B) in clause (i) by striking ‘‘90’’ and in9 serting ‘‘Not more than 90’’; and 

10 (C) in clause (ii) by striking ‘‘10’’ and in11 serting ‘‘At least 10’’. 

12 SEC. 106. FEDERAL BREAKWATERS AND JETTIES. 

13 (a) IN GENERAL.—The Secretary shall, at Federal ex14 pense, establish an inventory and conduct an assessment 

15 of the general structural condition of all Federal break16 waters and jetties protecting harbors and inland harbors 

17 within the United States. 

18 (b) CONTENTS.—The inventory and assessment carried 

19 out under subsection (a) shall include— 

20 (1) compiling location information for all Fed21 eral breakwaters and jetties protecting harbors and 

22 inland harbors within the United States; 

23 (2) determining the general structural condition 

24 of each breakwater and jetty; 


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1 (3) analyzing the potential risks to navigational 

2 safety, and the impact on the periodic maintenance 

3 dredging needs of protected harbors and inland har4 bors, resulting from the general structural condition 

5 of each breakwater and jetty; and 

6 (4) estimating the costs, for each breakwater and 

7 jetty, to restore or maintain the breakwater or jetty 

8 to authorized levels and the total of all such costs. 

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

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

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

12 and assessment carried out under subsection (a). 

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

14 Section 2106(a)(2)(B) of the Water Resources Reform 

15 and Development Act of 2014 (33 U.S.C. 2238c(a)(2)(B)) 

16 is amended by striking ‘‘$15,000,000’’ and inserting 

17 ‘‘$5,000,000’’. 

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

19 SUPPORT NAVIGATION. 

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

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

22 is amended— 

23 (1) in the section heading by striking ‘‘Author24 ization of appropriations’’ and inserting ‘‘Funding 

25 for harbor navigation’’; 


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

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

3 and 

4 (3) by inserting after subsection (b) the fol5 lowing: 

6 ‘‘(c) USE OF COLLECTED FUNDS IN FISCAL YEAR 2027 

7 AND THEREAFTER.— 

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

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

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

11 Harbor Maintenance Trust Fund, without further ap12 propriation, for fiscal year 2027 and each fiscal year 

13 thereafter, such sums as may be necessary to carry 

14 out the purposes of subsection (a)(2). 

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

16 made available under this subsection shall remain 

17 available until expended.’’. 

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

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

20 is further amended— 

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

22 subsection (a)(2) of this section) by striking ‘‘sub23 section (e)’’ and inserting ‘‘subsection (f)’’; 

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

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1 section (c)(2)(A)’’ and inserting ‘‘subsection 

2 (d)(2)(A)’’; and 

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

4 subsection (a)(2) of this section) by striking ‘‘sub5 section (d)(2)’’ and inserting ‘‘subsection (e)(2)’’. 

6 SEC. 109. REMOTE AND SUBSISTENCE HARBORS. 

7 Section 2006 of the Water Resources Development Act 

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

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

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

11 community that is located in the region that is served 

12 by the project and that will rely on the project,’’ after 

13 ‘‘community’’; and 

14 (2) in subsection (b)— 

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

16 communities that are located in the region to be 

17 served by the project and that will rely on the 

18 project’’ after ‘‘community’’; 

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

20 population’’ and inserting ‘‘regional population 

21 to be served by the project’’; and 

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


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1 served by the project and that will rely on the 

2 project’’. 

3 SEC. 110. BENEFICIAL USE OF DREDGED MATERIAL. 

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

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

6 a pilot program to carry out projects for the beneficial use 

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

8 (1) reducing storm damage to property and in9 frastructure; 

10 (2) promoting public safety; 

11 (3) protecting, restoring, and creating aquatic 

12 ecosystem habitats; 

13 (4) stabilizing stream systems and enhancing 

14 shorelines; 

15 (5) promoting recreation; and 

16 (6) supporting risk management adaptation 

17 strategies. 

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

19 program, the Secretary shall— 

20 (1) identify for inclusion in the pilot program 

21 and carry out 10 projects for the beneficial use of 

22 dredged material; 

23 (2) consult with relevant State agencies in select24 ing projects; and 

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


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1 (A) the environmental, economic, and social 

2 benefits of the projects, including monetary and 

3 nonmonetary benefits; and 

4 (B) the need for a diversity of project types 

5 and geographical project locations. 

6 (c) REGIONAL BENEFICIAL USE TEAMS.— 

7 (1) IN GENERAL.—In carrying out the pilot pro8 gram, the Secretary shall establish regional beneficial 

9 use teams to identify and assist in the implementa10 tion of projects under the pilot program. 

11 (2) COMPOSITION.— 

12 (A) LEADERSHIP.—For each regional bene13 ficial use team established under paragraph (1), 

14 the Secretary shall appoint the Commander of 

15 the relevant division of the Corps of Engineers to 

16 serve as the head of the team. 

17 (B) MEMBERSHIP.—The membership of 

18 each regional beneficial use team shall include— 

19 (i) representatives of relevant Corps of 

20 Engineers districts and divisions; 

21 (ii) representatives of relevant State 

22 and local agencies; and 

23 (iii) representatives of Federal agencies 

24 and such other entities as the Secretary deVerDate Sep 11 2014 23:30 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H5303.RH H5303

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1 termines appropriate, consistent with the 

2 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 navi7 gation channels; 

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

10 storm damage reduction, or environmental restoration 

11 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 

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1 plicable to projects carried out under section 204 of the 

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

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

4 enactment of this Act, and annually thereafter, the Sec5 retary shall submit to the Committee on Environment and 

6 Public Works of the Senate and the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 a report that includes— 

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

10 carried out under the pilot program; 

11 (2) documentation supporting each of the 

12 projects selected; 

13 (3) the findings of regional beneficial use teams 

14 regarding project selection; and 

15 (4) any recommendations of the Secretary or re16 gional beneficial use teams with respect to the pilot 

17 program. 

18 (g) TERMINATION.—The pilot program shall terminate 

19 after completion of the 10 projects carried out pursuant to 

20 subsection (b)(1). 

21 (h) EXEMPTION FROM OTHER STANDARDS.—The 

22 projects carried out under this section shall be carried out 

23 notwithstanding the definition of the term ‘‘Federal stand24 ard’’ in section 335.7 of title 33, Code of Federal Regula25 tions. 


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1 (i) CLARIFICATION.—Section 156(e) of the Water Re2 sources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) 

3 is amended by striking ‘‘3’’ and inserting ‘‘6’’. 

4 SEC. 111. RESERVOIR SEDIMENT. 

5 (a) IN GENERAL.—Section 215 of the Water Resources 

6 Development Act of 2000 (33 U.S.C. 2326c) is amended to 

7 read as follows: 

8 ‘‘SEC. 215. RESERVOIR SEDIMENT. 

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

10 date of enactment of the Water Resources Development Act 

11 of 2016 and after providing public notice, the Secretary 

12 shall establish, using available funds, a pilot program to 

13 accept services provided by a non-Federal interest or com14 mercial entity for removal of sediment captured behind a 

15 dam owned or operated by the United States and under 

16 the jurisdiction of the Secretary for the purpose of restoring 

17 the authorized storage capacity of the project concerned. 

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

19 the Secretary shall— 

20 ‘‘(1) review the services of the non-Federal inter21 est or commercial entity to ensure that the services 

22 are consistent with the authorized purposes of the 

23 project concerned; 

24 ‘‘(2) ensure that the non-Federal interest or com25 mercial entity will indemnify the United States for, 


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1 or has entered into an agreement approved by the 

2 Secretary to address, any adverse impact to the dam 

3 as a result of such services; 

4 ‘‘(3) require the non-Federal interest or commer5 cial entity, prior to initiating the services and upon 

6 completion of the services, to conduct sediment sur7 veys to determine the pre- and post-services sediment 

8 profile and sediment quality; and 

9 ‘‘(4) limit the number of dams for which services 

10 are accepted to 10. 

11 ‘‘(c) LIMITATION.— 

12 ‘‘(1) IN GENERAL.—The Secretary may not ac13 cept services under subsection (a) if the Secretary, 

14 after consultation with the Chief of Engineers, deter15 mines that accepting the services is not advantageous 

16 to the United States. 

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

18 makes a determination under paragraph (1), the Sec19 retary shall provide to the Committee on Transpor20 tation and Infrastructure of the House of Representa21 tives and the Committee on Environment and Public 

22 Works of the Senate written notice describing the rea23 soning for the determination. 

24 ‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In ex25 change for providing services under subsection (a), a nonVerDate Sep 11 2014 23:30 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H5303.RH H5303

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1 Federal interest or commercial entity is authorized to re2 tain, use, recycle, sell, or otherwise dispose of any sediment 

3 removed in connection with the services and the Corps of 

4 Engineers may not seek any compensation for the value of 

5 the sediment. 

6 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to accept7 ing services provided by a non-Federal interest or commer8 cial entity under this section, the Secretary shall provide 

9 to the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate written notice of 

12 the acceptance of the services. 

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

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

15 Secretary shall make publicly available and submit to the 

16 Committee on Transportation and Infrastructure of the 

17 House of Representatives and the Committee on Environ18 ment and Public Works of the Senate a report documenting 

19 the results of the services.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1(b) of the Water Resources Development Act of 2000 

22 is amended by striking the item relating to section 215 and 

23 inserting the following: 

‘‘Sec. 215. Reservoir sediment.’’. 


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1 SEC. 112. CONTRIBUTED FUNDS FOR RESERVOIR OPER2 ATIONS. 

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

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

5 ‘‘authorized purposes of the project:’’ the following: ‘‘Pro6 vided further, That the Secretary is authorized to receive 

7 and expend funds from a State or a political subdivision 

8 thereof, and other non-Federal interests, to formulate, re9 view, or revise operational documents for any reservoir for 

10 which the Secretary is authorized to prescribe regulations 

11 for the use of storage allocated for flood risk management 

12 or navigation pursuant to section 7 of the Act of December 

13 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 709):’’. 

14 SEC. 113. WATER SUPPLY CONSERVATION. 

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

16 emergency has been declared or was in effect during the 1- 

17 year period ending on the date of enactment of this Act, 

18 the Secretary is authorized— 

19 (1) to conduct an evaluation for purposes of ap20 proving water supply conservation measures that are 

21 consistent with the authorized purposes of water re22 sources development projects under the jurisdiction of 

23 the Secretary; and 

24 (2) to enter into written agreements pursuant to 

25 section 221 of the Flood Control Act of 1970 (42 

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


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1 out the conservation measures approved by such eval2 uations. 

3 (b) ELIGIBILITY.—Water supply conservation meas4 ures evaluated under subsection (a) may include the fol5 lowing: 

6 (1) Storm water capture. 

7 (2) Releases for ground water replenishment or 

8 aquifer storage and recovery. 

9 (3) Releases to augment water supply at another 

10 Federal or non-Federal storage facility. 

11 (4) Other conservation measures that enhance 

12 usage of a Corps of Engineers project for water sup13 ply. 

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

15 separable costs associated with the evaluation, implementa16 tion, operation, and maintenance of an approved water 

17 supply conservation measure, which payments may be ac18 cepted and expended by the Corps of Engineers to cover such 

19 costs. 

20 (d) STATUTORY CONSTRUCTION.—Nothing in this sec21 tion may be construed to modify or alter the obligations 

22 of a non-Federal interest under existing or future agree23 ments for— 


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1 (1) water supply storage pursuant to section 301 

2 of the Water Supply Act of 1958 (43 U.S.C. 390b); 

3 or 

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

5 the Act of December 22, 1944 (58 Stat. 890, chapter 

6 665; 33 U.S.C. 708). 

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

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

9 purposes of a Corps of Engineers project; 

10 (2) affects existing Corps of Engineers authori11 ties, including its authorities with respect to naviga12 tion, flood damage reduction, and environmental pro13 tection and restoration; 

14 (3) affects the Corps of Engineers ability to pro15 vide for temporary deviations; 

16 (4) affects the application of a cost-share require17 ment under section 101, 102, or 103 of the Water Re18 sources Development Act of 1986 (33 U.S.C. 2211, 

19 2212, and 2213); 

20 (5) supersedes or modifies any written agreement 

21 between the Federal Government and a non-Federal 

22 interest that is in effect on the date of enactment of 

23 this Act; 

24 (6) supersedes or modifies any amendment to an 

25 existing multistate water control plan, including those 


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1 water control plans along the Missouri River and 

2 those water control plans in the Apalachicola-Chat3 tahoochee-Flint and Alabama-Coosa-Tallapoosa ba4 sins; 

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

6 date of enactment of this Act; or 

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

8 interstate compact governing water. 

9 SEC. 114. INTERSTATE COMPACTS. 

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

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

12 SEC. 115. NONSTRUCTURAL ALTERNATIVES. 

13 Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 

14 650, chapter 377; 33 U.S.C. 701n(a)(1)), is amended by 

15 striking ‘‘if requested’’ each place it appears and inserting 

16 ‘‘after consultation with the non-Federal sponsor and if re17 quested and agreed to’’. 

18 SEC. 116. OPERATION AND MAINTENANCE OF ENVIRON19 MENTAL PROTECTION AND RESTORATION 

20 AND AQUATIC ECOSYSTEM RESTORATION 

21 PROJECTS. 

22 (a) NON-FEDERAL OBLIGATIONS.—Notwithstanding 

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

24 1986 (33 U.S.C. 2213(j)), a non-Federal interest is released 

25 from any obligation to operate and maintain the nonVerDate Sep 11 2014 23:30 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H5303.RH H5303

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1 structural and nonmechanical components of a water re2 sources development project carried out for the purposes of 

3 environmental protection and restoration or aquatic eco4 system restoration, including a project carried out under 

5 section 206 of the Water Resources Development Act of 1996 

6 (33 U.S.C. 2330) or section 1135 of the Water Resources 

7 Development Act of 1986 (33 U.S.C. 2309a), if the Sec8 retary determines that— 

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

10 which project construction was completed has con11 cluded; or 

12 (2) the criteria identified in the guidance issued 

13 under subsection (c) have been met with respect to the 

14 project. 

15 (b) FEDERAL OBLIGATIONS.—The Secretary is not re16 sponsible for the operation or maintenance of any compo17 nents of a project with respect to which a non-Federal inter18 est is released from obligations under subsection (a). 

19 (c) GUIDANCE.—In consultation with non-Federal in20 terests, and not later than 1 year after the date of enactment 

21 of this Act, the Secretary shall issue guidance that identifies 

22 criteria for determining, using the best available science, 

23 when the purpose of a project for environmental protection 

24 and restoration or aquatic ecosystem restoration has been 

25 achieved, including criteria for determining when a project 


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1 has resulted in the return of the project location to a condi2 tion where natural hydrologic and ecological functions are 

3 the predominant factors in the condition, functionality, and 

4 durability of the location. 

5 SEC. 117. ESTUARY RESTORATION. 

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

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

8 U.S.C. 2903(f)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(3) PROJECT AGREEMENTS.—For a project car11 ried out under this title, the requirements of section 

12 103(j)(1) of the Water Resources Development Act of 

13 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled by a 

14 nongovernmental organization serving as the non15 Federal interest for the project pursuant to paragraph 

16 (2).’’. 

17 (b) EXTENSION.—Section 109(a) of the Estuary Res18 toration Act of 2000 (33 U.S.C. 2908(a)) is amended by 

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

20 ‘‘2021’’. 

21 SEC. 118. GREAT LAKES FISHERY AND ECOSYSTEM RES22 TORATION. 

23 Section 506(g) of the Water Resources Development Act 

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


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1 SEC. 119. AGREEMENTS. 

2 Section 2036(c) of the Water Resources Development 

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

4 SEC. 120. CORPS OF ENGINEERS OPERATION OF UN5 MANNED AIRCRAFT SYSTEMS. 

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

7 individual, within the headquarters office of the Corps of 

8 Engineers, who shall serve as the coordinator and principal 

9 approving official for developing the process and procedures 

10 by which the Corps of Engineers— 

11 (1) operates and maintains small unmanned 

12 aircraft (as defined in section 331 of the FAA Mod13 ernization and Reform Act of 2012 (49 U.S.C. 40101 

14 note)) systems in support of civil works and emer15 gency response missions of the Corps of Engineers; 

16 and 

17 (2) acquires, applies for, and receives any nec18 essary Federal Aviation Administration authoriza19 tions for such operations and systems. 

20 (b) REQUIREMENTS.—A small unmanned aircraft sys21 tem acquired, operated, or maintained for carrying out the 

22 missions specified in subsection (a) shall be operated in ac23 cordance with regulations of the Federal Aviation Adminis24 tration as a civil aircraft or public aircraft, at the discre25 tion of the Secretary, and shall be exempt from regulations 


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1 of the Department of Defense, including the Department of 

2 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 of 

7 the Department of Defense other than a mission specified 

8 in subsection (a). 

9 SEC. 121. 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 configura13 tion 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 next 

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

23 Federal and private hopper dredge fleet with future 

24 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; 33 

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

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

9 whether such requirements are most economical and 

10 advantageous to the United States; and 

11 (5) other factors that the Comptroller General de12 termines are necessary to evaluate whether it is eco13 nomical and advantageous to the United States to ex14 pand, reduce, or maintain the current configuration 

15 of the federally owned hopper dredge fleet. 

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

17 enactment of this Act, the Comptroller General shall submit 

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

19 SEC. 122. 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— 

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1 ment of the Water Resources Development Act of 

2 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. 123. 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 inserting 

21 ‘‘, 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. 124. 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 1996 

10 (33 U.S.C. 701b-13) before the date of enactment of 

11 this Act’’ and inserting ‘‘for which a written agree12 ment with the Corps of Engineers for construction 

13 was finalized on or before December 31, 2014, under 

14 section 211 of the Water Resources Development Act 

15 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 other 

18 flood damage reduction projects or studies’’ and in19 serting ‘‘non-Federal share of the cost of carrying out 

20 other water resources development projects or studies 

21 of the non-Federal interest’’. 

22 SEC. 125. 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(a)) is amended 


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

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

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

4 SEC. 126. 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 end 

8 the following: 

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

10 non-Federal interest, the Secretary may provide to the non11 Federal interest technical assistance relating to any aspect 

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

13 with the Secretary to pay all costs of providing such tech14 nical assistance.’’. 

15 SEC. 127. 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 at 

19 the end the following: 

20 ‘‘(5) DISCRETE SEGMENTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary may au22 thorize credit or reimbursement under this sub23 section for a discrete segment of a flood damage 

24 reduction project, or separable element thereof, 


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1 before final completion of the project or separable 

2 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 manner 

7 as the project or separable element; and 

8 ‘‘(ii) notwithstanding paragraph 

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

10 the approval of the plans under paragraph 

11 (1)(A)(i), that the discrete segment is tech12 nically feasible and environmentally accept13 able. 

14 ‘‘(B) DETERMINATION.—Credit or reim15 bursement may not be made available to a non16 Federal interest pursuant to this paragraph 

17 until the Secretary determines that— 

18 ‘‘(i) the construction of the discrete seg19 ment for which credit or reimbursement is 

20 requested is complete; and 

21 ‘‘(ii) the construction is consistent with 

22 the authorization of the applicable flood 

23 damage reduction project, or separable ele24 ment thereof, and the plans approved under 

25 paragraph (1)(A)(i). 


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1 ‘‘(C) WRITTEN AGREEMENT.— 

2 ‘‘(i) IN GENERAL.—As part of the writ3 ten agreement required under paragraph 

4 (1)(A)(iii), a non-Federal interest to be eli5 gible for credit or reimbursement under this 

6 paragraph shall— 

7 ‘‘(I) identify any discrete segment 

8 that the non-Federal interest may 

9 carry out; and 

10 ‘‘(II) agree to the completion of 

11 the flood damage reduction project, or 

12 separable element thereof, with respect 

13 to which the discrete segment is a part 

14 and establish a timeframe for such 

15 completion. 

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

17 interest fails to complete a flood damage re18 duction project, or separable element thereof, 

19 that it agreed to complete under clause 

20 (i)(II), the non-Federal interest shall remit 

21 any reimbursements received under this 

22 paragraph for a discrete segment of such 

23 project or separable element. 

24 ‘‘(D) DISCRETE SEGMENT DEFINED.—In 

25 this paragraph, the term ‘discrete segment’ 


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1 means a physical portion of a flood damage re2 duction project, or separable element thereof— 

3 ‘‘(i) described by a non-Federal inter4 est in a written agreement required under 

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

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

7 operate and maintain, independently and 

8 without creating a hazard, in advance of 

9 final completion of the flood damage reduc10 tion project, or separable element thereof.’’. 

11 SEC. 128. MULTISTATE ACTIVITIES. 

12 Section 22 of the Water Resources Development Act of 

13 1974 (42 U.S.C. 1962d–16) is amended— 

14 (1) in subsection (a)(1)— 

15 (A) by striking ‘‘or other non-Federal inter16 est’’ and inserting ‘‘, group of States, or non17 Federal interest’’; 

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

19 ‘‘working with a State’’; and 

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

21 ‘‘boundaries of such State’’; and 

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

23 following: ‘‘The Secretary may allow 2 or more States 

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1 retary makes available to the States in carrying out 

2 subsection (a)(1).’’. 

3 SEC. 129. REGIONAL PARTICIPATION ASSURANCE FOR 

4 LEVEE SAFETY ACTIVITIES. 

5 (a) NATIONAL LEVEE SAFETY PROGRAM.—Section 

6 9002 of the Water Resources Development Act of 2007 (33 

7 U.S.C. 3301) is amended— 

8 (1) in paragraph (11) by striking ‘‘State or In9 dian tribe’’ and inserting ‘‘State, regional district, or 

10 Indian tribe’’; 

11 (2) by redesignating paragraphs (12) through 

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

13 and 

14 (3) by inserting after paragraph (11) the fol15 lowing: 

16 ‘‘(12) REGIONAL DISTRICT.—The term ‘regional 

17 district’ means a subdivision of a State government, 

18 or a subdivision of multiple State governments, that 

19 is authorized to acquire, construct, operate, and 

20 maintain projects for the purpose of flood damage re21 duction.’’. 

22 (b) INVENTORY AND INSPECTION OF LEVEES.—Section 

23 9004 of the Water Resources Development Act of 2007 (33 

24 U.S.C. 3303) is amended— 

25 (1) in subsection (a)— 


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

2 after the date of enactment of this Act’’ and in3 serting ‘‘1 year after the date of enactment of the 

4 Water Resources Development Act of 2016’’; 

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

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

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

8 districts, Indian tribes, Federal agencies, and 

9 other entities’’; and 

10 (C) in paragraph (3)— 

11 (i) in the heading for subparagraph 

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

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

14 REGIONAL, TRIBAL, AND LOCAL’’; and 

15 (ii) in subparagraph (A) by striking 

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

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

18 and 

19 (2) in subsection (c)— 

20 (A) in paragraph (4)— 

21 (i) in the paragraph heading by strik22 ing ‘‘STATE AND TRIBAL’’ and inserting 

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


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

2 each place it appears and inserting ‘‘State, 

3 regional district, or Indian tribe’’; and 

4 (B) in paragraph (5)— 

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

6 and inserting ‘‘State, regional district, or 

7 Indian tribe’’; and 

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

9 tribal government’’ and inserting ‘‘chief ex10 ecutive of the regional district or tribal gov11 ernment’’. 

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

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

14 3303a) is amended— 

15 (1) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) in the matter preceding subpara18 graph (A)— 

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

20 date of enactment of this subsection’’ 

21 and inserting ‘‘1 year after the date of 

22 enactment of the Water Resources De23 velopment Act of 2016’’; and 

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

25 tribal governments and organizations’’ 


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1 and inserting ‘‘State, regional, local, 

2 and tribal governments and organiza3 tions’’; and 

4 (ii) in subparagraph (A) by striking 

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

6 and inserting ‘‘Federal, State, regional, 

7 local, and tribal agencies’’; 

8 (B) in paragraph (3)— 

9 (i) in subparagraph (A) by striking 

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

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

12 governments’’; and 

13 (ii) in subparagraph (B) by inserting 

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

15 place it appears; and 

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

17 ‘‘States, non-Federal interests, and other appro18 priate stakeholders’’ and inserting ‘‘States, re19 gional districts, Indian tribes, non-Federal inter20 ests, and other appropriate stakeholders’’; 

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

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

23 and levee owners’’ and inserting ‘‘States, regional dis24 tricts, Indian tribes, communities, and levee owners’’; 

25 (3) in subsection (g)— 


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1 (A) in the subsection heading by striking 

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

3 REGIONAL, AND TRIBAL’’; 

4 (B) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘1 year after the 

7 date of enactment of this subsection’’ 

8 and inserting ‘‘1 year after the date of 

9 enactment of the Water Resources De10 velopment Act of 2016’’; and 

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

12 and inserting ‘‘State, regional, or trib13 al’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘State and Indian 

16 tribe’’ and inserting ‘‘State, regional 

17 district, and Indian tribe’’; and 

18 (II) by striking ‘‘State or Indian 

19 tribe’’ and inserting ‘‘State, regional 

20 district, or Indian tribe’’; and 

21 (C) in paragraph (2)— 

22 (i) in the paragraph heading by strik23 ing ‘‘STATES’’ and inserting ‘‘STATES, RE24 GIONAL DISTRICTS, AND INDIAN TRIBES’’; 


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1 (ii) in subparagraph (A) by striking 

2 ‘‘States and Indian tribes’’ and inserting 

3 ‘‘States, regional districts, and Indian 

4 tribes’’; 

5 (iii) in subparagraph (B)— 

6 (I) in the matter preceding clause 

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

8 and inserting ‘‘State, regional district, 

9 or Indian tribe’’; 

10 (II) in clause (ii) by striking 

11 ‘‘levees within the State’’ and inserting 

12 ‘‘levees within the State or regional 

13 district’’; and 

14 (III) in clause (iii) by striking 

15 ‘‘State or Indian tribe’’ and inserting 

16 ‘‘State, regional district, or Indian 

17 tribe’’; 

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

19 matter preceding subclause (I) by striking 

20 ‘‘State or tribal’’ and inserting ‘‘State, re21 gional, or tribal’’; and 

22 (v) in subparagraph (E)— 

23 (I) by striking ‘‘States and In24 dian tribes’’ each place it appears and 


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1 inserting ‘‘States, regional districts, 

2 and Indian tribes’’; 

3 (II) in clause (ii)(II)— 

4 (aa) in the matter preceding 

5 item (aa) by striking ‘‘State or 

6 Indian tribe’’ and inserting 

7 ‘‘State, regional district, or In8 dian tribe’’; 

9 (bb) in item (aa) by striking 

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

11 inserting ‘‘miles of levees in the 

12 State or regional district’’; and 

13 (cc) in item (bb) by striking 

14 ‘‘miles of levees in all States’’ and 

15 inserting ‘‘miles of levees in all 

16 States and regional districts’’; 

17 and 

18 (III) in clause (iii)— 

19 (aa) by striking ‘‘State or 

20 Indian tribe’’ and inserting 

21 ‘‘State, regional district, or In22 dian tribe’’; and 

23 (bb) by striking ‘‘State or 

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


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1 (4) in subsection (h)— 

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

3 Indian tribes, and local governments’’ and in4 serting ‘‘States, regional districts, Indian tribes, 

5 and local governments’’; 

6 (B) in paragraph (2)— 

7 (i) in the matter preceding subpara8 graph (A) by striking ‘‘State, Indian tribe, 

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

10 regional district, Indian tribe, or local gov11 ernment’’; and 

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

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

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

15 tribal’’; 

16 (C) in paragraph (3)— 

17 (i) in subparagraph (A) by striking 

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

19 and inserting ‘‘State, regional district, In20 dian tribe, or local government’’; and 

21 (ii) in subparagraph (D) by striking 

22 ‘‘180 days after the date of enactment of 

23 this subsection’’ and inserting ‘‘180 days 

24 after the date of enactment of the Water Re25 sources Development Act of 2016’’; and 


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

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

3 or tribal’’. 

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

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

6 (1) in subsection (a)(1)— 

7 (A) in the matter preceding subparagraph 

8 (A) by striking ‘‘1 year after the date of enact9 ment of this subsection’’ and inserting ‘‘1 year 

10 after the date of enactment of the Water Re11 sources Development Act of 2016’’; and 

12 (B) in subparagraph (B) by striking ‘‘State 

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

14 tribal’’; 

15 (2) in subsection (c)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

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

19 of enactment of this subsection’’ and insert20 ing ‘‘2 years after the date of enactment of 

21 the Water Resources Development Act of 

22 2016’’; and 

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

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

25 and local’’; 


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

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

3 tribal’’; and 

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

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

6 and local’’; and 

7 (3) in subsection (d)— 

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

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

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

11 the date of enactment of the Water Resources De12 velopment Act of 2016’’; and 

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

14 tribal’’ and inserting ‘‘State, regional, or tribal’’. 

15 SEC. 130. PARTICIPATION OF NON-FEDERAL INTERESTS. 

16 Section 221(b)(1) of the Flood Control Act of 1970 (42 

17 U.S.C. 1962d–5b(b)(1)) is amended by inserting ‘‘and, as 

18 defined in section 3 of the Alaska Native Claims Settlement 

19 Act (43 U.S.C. 1602), a Native village, Regional Corpora20 tion, and Village Corporation’’ after ‘‘Indian tribe’’. 

21 SEC. 131. INDIAN TRIBES. 

22 Section 1156 of the Water Resources Development Act 

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

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

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


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1 (2) in subsection (a)— 

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

3 inserting ‘‘projects— 

4 ‘‘(1) in American’’; 

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

6 inserting ‘‘; and’’; and 

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

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

9 SEC. 132. DISSEMINATION OF INFORMATION ON THE AN10 NUAL REPORT PROCESS. 

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

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

13 prioritizing, and authorizing vital water resources in14 frastructure activities throughout the United States. 

15 (2) The Water Resources Reform and Develop16 ment Act of 2014 (Public Law 113–121) established 

17 a new and transparent process to review and 

18 prioritize the water resources development activities of 

19 the Corps of Engineers with strong congressional over20 sight. 

21 (3) Section 7001 of the Water Resources Reform 

22 and Development Act of 2014 (33 U.S.C. 2282d) re23 quires the Secretary to develop and submit to Con24 gress each year a Report to Congress on Future Water 


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1 Resources Development and, as part of the annual re2 port process, to— 

3 (A) publish a notice in the Federal Register 

4 that requests from non-Federal interests proposed 

5 feasibility studies and proposed modifications to 

6 authorized water resources development projects 

7 and feasibility studies for inclusion in the re8 port; and 

9 (B) review the proposals submitted and in10 clude in the report those proposed feasibility 

11 studies and proposed modifications that meet the 

12 criteria for inclusion established under section 

13 7001. 

14 (4) Congress will use the information provided 

15 in the annual Report to Congress on Future Water 

16 Resources Development to determine authorization 

17 needs and priorities for purposes of water resources 

18 development legislation. 

19 (5) To ensure that Congress can gain a thorough 

20 understanding of the water resources development 

21 needs and priorities of the United States, it is impor22 tant that the Secretary take sufficient steps to ensure 

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

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1 retary’s annual request for proposals in order for such 

2 proposals to be eligible for consideration by Congress. 

3 (b) DISSEMINATION OF PROCESS INFORMATION.—The 

4 Secretary shall develop, support, and implement education 

5 and awareness efforts for non-Federal interests with respect 

6 to the annual Report to Congress on Future Water Re7 sources Development required under section 7001 of the 

8 Water Resources Reform and Development Act of 2014 (33 

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

10 (1) develop and disseminate technical assistance 

11 materials, seminars, and guidance on the annual 

12 process as it relates to non-Federal interests; 

13 (2) provide written notice to previous and poten14 tial non-Federal interests and local elected officials on 

15 the annual process and on opportunities to address 

16 local water resources challenges through the missions 

17 and authorities of the Corps of Engineers; 

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

19 assist such interests in developing proposals for water 

20 resources development projects that satisfy the require21 ments of section 7001; and 

22 (4) provide, at the request of a non-Federal in23 terest, assistance with researching and identifying ex24 isting project authorizations and Corps of Engineers 

25 decision documents. 


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1 SEC. 133. SCOPE OF PROJECTS. 

2 Section 7001(f) of the Water Resources Reform and De3 velopment Act of 2014 (33 U.S.C. 2282d(f)) is amended by 

4 adding at the end the following: 

5 ‘‘(5) WATER RESOURCES DEVELOPMENT

6 PROJECT.—The term ‘water resources development 

7 project’ includes a project under an environmental in8 frastructure assistance program.’’. 

9 SEC. 134. PRELIMINARY FEASIBILITY STUDY ACTIVITIES. 

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

11 to a proposed water resources development project, the Sec12 retary shall meet with the non-Federal interest, prior to ini13 tiating a feasibility study relating to the proposed project, 

14 to review a preliminary analysis of the Federal interest in 

15 the proposed project and the costs, benefits, and environ16 mental impacts of the proposed project, including an esti17 mate of the costs of preparing a feasibility report. 

18 SEC. 135. POST-AUTHORIZATION CHANGE REPORTS. 

19 (a) IN GENERAL.—The completion of a post-authoriza20 tion change report prepared by the Corps of Engineers for 

21 a water resources development project— 

22 (1) may not be delayed as a result of consider23 ation being given to changes in policy or priority 

24 with respect to project consideration; and 

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


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1 (A) the Committee on Environment and 

2 Public Works of the Senate; and 

3 (B) the Committee on Transportation and 

4 Infrastructure of the House of Representatives. 

5 (b) COMPLETION REVIEW.—With respect to a post-au6 thorization change report subject to review by the Secretary, 

7 the Secretary shall, not later than 120 days after the date 

8 of completion of such report— 

9 (1) review the report; and 

10 (2) provide to Congress any recommendations of 

11 the Secretary regarding modification of the applicable 

12 water resources development project. 

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

14 the date of enactment of this Act, with respect to any post15 authorization change report that was completed prior to the 

16 date of enactment of this Act and is subject to a review 

17 by the Secretary that has yet to be completed, the Secretary 

18 shall complete review of, and provide recommendations to 

19 Congress with respect to, the report. 

20 (d) POST-AUTHORIZATION CHANGE REPORT INCLU21 SIONS.—In this section, the term ‘‘post-authorization 

22 change report’’ includes— 

23 (1) a general reevaluation report; 

24 (2) a limited reevaluation report; and 


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1 (3) any other report that recommends the modi2 fication of an authorized water resources development 

3 project. 

4 SEC. 136. MAINTENANCE DREDGING DATA. 

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

6 maintain, and make publicly available a database on 

7 maintenance dredging carried out by the Secretary, which 

8 shall include information on maintenance dredging carried 

9 out by Federal and non-Federal vessels. 

10 (b) SCOPE.—The Secretary shall include in the data11 base maintained under subsection (a), for each maintenance 

12 dredging project and contract, data on— 

13 (1) the volume of dredged material removed; 

14 (2) the initial cost estimate of the Corps of Engi15 neers; 

16 (3) the total cost; 

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

18 and 

19 (5) the number of private contractor bids re20 ceived and the bid amounts, including bids that did 

21 not win the final contract award. 


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1 SEC. 137. ELECTRONIC SUBMISSION AND TRACKING OF 

2 PERMIT APPLICATIONS. 

3 (a) IN GENERAL.—Section 2040 of the Water Re4 sources Development Act of 2007 (33 U.S.C. 2345) is 

5 amended to read as follows: 

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

7 PERMIT APPLICATIONS. 

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

9 ‘‘(1) IN GENERAL.—The Secretary shall research, 

10 develop, and implement an electronic system to allow 

11 the electronic preparation and submission of applica12 tions for permits and requests for jurisdictional deter13 minations under the jurisdiction of the Secretary. 

14 ‘‘(2) INCLUSION.—The electronic system required 

15 under paragraph (1) shall address— 

16 ‘‘(A) applications for standard individual 

17 permits; 

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

19 ‘‘(C) joint applications with States for 

20 State and Federal permits; 

21 ‘‘(D) applications for emergency permits; 

22 ‘‘(E) applications or requests for jurisdic23 tional determinations; and 

24 ‘‘(F) preconstruction notification submis25 sions, when required for a nationwide or other 

26 general permit. 


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1 ‘‘(3) IMPROVING EXISTING DATA SYSTEMS.—The 

2 Secretary shall seek to incorporate the electronic sys3 tem required under paragraph (1) into existing sys4 tems and databases of the Corps of Engineers to the 

5 maximum extent practicable. 

6 ‘‘(4) PROTECTION OF INFORMATION.—The elec7 tronic system required under paragraph (1) shall pro8 vide for the protection of personal, private, privileged, 

9 confidential, and proprietary information, and infor10 mation the disclosure of which is otherwise prohibited 

11 by law. 

12 ‘‘(b) SYSTEM REQUIREMENTS.—The electronic system 

13 required under subsection (a) shall— 

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

15 electronically an application for a permit or request; 

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

17 to the Secretary, by email or other means through the 

18 Internet, the completed application form or request; 

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

20 to the Secretary, by email or other means through the 

21 Internet, data and other information in support of 

22 the permit application or request; 

23 ‘‘(4) provide an online interactive guide to pro24 vide assistance to an applicant or requester at any 


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1 time while filling out the permit application or re2 quest; and 

3 ‘‘(5) enable an applicant or requester (or a des4 ignated agent) to track the status of a permit applica5 tion or request in a manner that will— 

6 ‘‘(A) allow the applicant or requester to de7 termine whether the application is pending or 

8 final and the disposition of the request; 

9 ‘‘(B) allow the applicant or requester to re10 search previously submitted permit applications 

11 and requests within a given geographic area and 

12 the results of such applications or requests; and 

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

14 location of the activities subject to a permit or 

15 request through a map-based interface. 

16 ‘‘(c) DOCUMENTATION.—All permit decisions and ju17 risdictional determinations made by the Secretary shall be 

18 in writing and include documentation supporting the basis 

19 for the decision or determination. The Secretary shall pre20 scribe means for documenting all decisions or determina21 tions to be made by the Secretary. 

22 ‘‘(d) RECORD OF DETERMINATIONS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall main24 tain, for a minimum of 5 years, a record of all per25 mit decisions and jurisdictional determinations made 


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1 by the Secretary, including documentation supporting 

2 the basis of the decisions and determinations. 

3 ‘‘(2) ARCHIVING OF INFORMATION.—The Sec4 retary shall explore and implement an appropriate 

5 mechanism for archiving records of permit decisions 

6 and jurisdictional determinations, including docu7 mentation supporting the basis of the decisions and 

8 determinations, after the 5-year maintenance period 

9 described in paragraph (1). 

10 ‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

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

12 records of all permit decisions and jurisdictional de13 terminations made by the Secretary available to the 

14 public for review and reproduction. 

15 ‘‘(2) PROTECTION OF INFORMATION.—The Sec16 retary shall provide for the protection of personal, 

17 private, privileged, confidential, and proprietary in18 formation, and information the disclosure of which is 

19 prohibited by law, which may be excluded from dis20 closure. 

21 ‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMEN22 TATION.— 

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

24 and implement, to the maximum extent practicable, 

25 the electronic system required under subsection (a) 


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1 not later than 2 years after the date of enactment of 

2 the Water Resources Development Act of 2016. 

3 ‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE4 MENTATION.—Not later than 180 days after the expi5 ration of the deadline under paragraph (1), the Sec6 retary shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representa8 tives and the Committee on Environment and Public 

9 Works of the Senate a report describing the measures 

10 implemented and barriers faced in carrying out this 

11 section. 

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

13 subsections (c), (d), and (e) shall apply to permit applica14 tions and requests for jurisdictional determinations sub15 mitted to the Secretary after the date of enactment of the 

16 Water Resources Development Act of 2016. 

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

18 submission to the Secretary, acting through the Chief of En19 gineers, of a physical copy of a permit application or a 

20 request for a jurisdictional determination.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of the Water Resources Development Act of 2007 

23 is amended by striking the item relating to section 2040 

24 and inserting the following: 

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


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1 SEC. 138. DATA TRANSPARENCY. 

2 Section 2017 of the Water Resources Development Act 

3 of 2007 (33 U.S.C. 2342) is amended to read as follows: 

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

5 ‘‘(a) IN GENERAL.—Using available funds, the Sec6 retary shall make publicly available, including on the Inter7 net, all data in the custody of the Corps of Engineers on— 

8 ‘‘(1) the planning, design, construction, oper9 ation, and maintenance of water resources develop10 ment projects; and 

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

12 projects owned, operated, or managed by the Corps of 

13 Engineers. 

14 ‘‘(b) LIMITATION.—Nothing in this section may be con15 strued to compel or authorize the disclosure of data or other 

16 information determined by the Secretary to be confidential 

17 information, privileged information, law enforcement infor18 mation, national security information, infrastructure secu19 rity information, personal information, or information the 

20 disclosure of which is otherwise prohibited by law. 

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

22 made publicly available under subsection (a) as quickly as 

23 practicable after the data is generated by the Corps of Engi24 neers. 

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

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1 operative agreements, with State, tribal, and local govern2 ments and other Federal agencies.’’. 

3 SEC. 139. BACKLOG PREVENTION. 

4 (a) PROJECT DEAUTHORIZATION.— 

5 (1) IN GENERAL.—A water resources develop6 ment project, or separable element of such a project, 

7 authorized for construction by this Act shall not be 

8 authorized after the last day of the 7-year period be9 ginning on the date of enactment of this Act unless 

10 funds have been obligated for construction of such 

11 project during that period. 

12 (2) IDENTIFICATION OF PROJECTS.—Not later 

13 than 60 days after the expiration of the 7-year period 

14 referred to in paragraph (1), the Secretary shall sub15 mit to the Committee on Environment and Public 

16 Works of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Representa18 tives a report that identifies the projects deauthorized 

19 under paragraph (1). 

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

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

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

23 to the Committee on Environment and Public Works of the 

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

3 (1) a list of any water resources development 

4 projects authorized by this Act for which construction 

5 has not been completed during that period; 

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

7 not completed; 

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

9 based on expected levels of appropriations; and 

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

12 regarding how to mitigate current problems and the 

13 backlog. 

14 SEC. 140. QUALITY CONTROL. 

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

16 of the Act of December 22, 1944 (58 Stat. 888, chapter 665; 

17 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and shall 

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

19 (b) PROJECT ADMINISTRATION.—Section 2041(b)(1) of 

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

21 2346(b)(1)) is amended by inserting ‘‘final post-authoriza22 tion change report,’’ after ‘‘final reevaluation report,’’. 

23 SEC. 141. BUDGET DEVELOPMENT AND PRIORITIZATION. 

24 (a) IN GENERAL.—In conjunction with the President’s 

25 budget submission to Congress with respect to fiscal year 


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

2 and biennially thereafter in conjunction with the Presi3 dent’s budget submission, the Secretary shall submit to the 

4 Committee on Environment and Public Works and the 

5 Committee on Appropriations of the Senate and the Com6 mittee on Transportation and Infrastructure and the Com7 mittee on Appropriations of the House of Representatives 

8 a report that describes— 

9 (1) the metrics used in developing the civil works 

10 budget for the applicable fiscal year; 

11 (2) the metrics used in developing each business 

12 line in the civil works budget; and 

13 (3) how projects are prioritized in the applicable 

14 budget submission, including how the Secretary deter15 mines those projects for which construction initiation 

16 is recommended. 

17 (b) NOTIFICATION.— 

18 (1) REQUIREMENT.—If the Secretary proposes a 

19 covered revised budget estimate, the Secretary shall 

20 notify, in writing, each Member of Congress rep21 resenting a congressional district affected by the 

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

24 (2) COVERED REVISED BUDGET ESTIMATE DE25 FINED.—In this subsection, the term ‘‘covered revised 


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1 budget estimate’’ means a budget estimate for a water 

2 resources development study, project, or activity that 

3 differs from the estimate most recently specified for 

4 that study, project, or activity in a budget of the 

5 President submitted under section 1105(a) of title 31, 

6 United States Code. 

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

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

9 biennially thereafter, the Secretary shall submit to the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Environment and 

12 Public Works of the Senate a report on the use of natural 

13 and nature-based features in water resources development 

14 projects, including flood risk reduction, coastal resiliency, 

15 and ecosystem restoration projects. 

16 (b) CONTENTS.—The report shall include, at a min17 imum, the following: 

18 (1) An assessment of the observed and potential 

19 impacts of the use of natural and nature-based fea20 tures on the cost and effectiveness of water resources 

21 development projects and any co-benefits resulting 

22 from the use of such features. 

23 (2) A description of any statutory, fiscal, or reg24 ulatory barrier to the appropriate consideration and 


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1 use of natural and nature-based features in carrying 

2 out water resources development projects. 

3 SEC. 143. ANNUAL REPORT ON PURCHASE OF FOREIGN 

4 MANUFACTURED ARTICLES. 

5 Section 213(a) of the Water Resources Development 

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

7 amended by adding at the end the following: 

8 ‘‘(4) ANNUAL REPORT ON PURCHASE OF FOREIGN

9 MANUFACTURED ARTICLES.— 

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

11 after the last day of each fiscal year, the Sec12 retary shall submit to Congress a report on the 

13 amount of acquisitions in such fiscal year made 

14 by the Corps of Engineers for civil works projects 

15 from entities that manufactured the articles, ma16 terials, or supplies outside of the United States. 

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

18 under subparagraph (A) shall indicate, for each 

19 acquisition— 

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

21 materials, or supplies purchased that were 

22 manufactured outside of the United States; 

23 and 

24 ‘‘(ii) a summary of the total procure25 ment funds spent on goods manufactured in 


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1 the United States and the total procurement 

2 funds spent on goods manufactured outside 

3 of the United States. 

4 ‘‘(C) PUBLIC AVAILABILITY.—Not later than 

5 30 days after the submission of a report under 

6 subparagraph (A), the Secretary shall make such 

7 report publicly available on the agency’s Web 

8 site.’’. 

9 SEC. 144. INTEGRATED WATER RESOURCES PLANNING. 

10 In carrying out a feasibility study for a water re11 sources development project, the Secretary shall coordinate 

12 with communities in the watershed covered by such study 

13 to determine if a local or regional water management plan 

14 exists or is under development for the purposes of 

15 stormwater management, water quality improvement, aqui16 fer recharge, or water reuse. If such a local or regional 

17 water management plan exists for the watershed, the Sec18 retary shall, in cooperation with the non-Federal sponsor 

19 for the plan and affected local public entities, avoid ad20 versely affecting the purposes of the plan and, where fea21 sible, incorporate the purposes of the plan into the Sec22 retary’s feasibility study. 


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1 SEC. 145. EVALUATION OF PROJECT PARTNERSHIP AGREE2 MENTS. 

3 To the maximum extent practicable, the Secretary 

4 shall prioritize and complete the activities required of the 

5 Secretary under section 1013 of the Water Resources Reform 

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

7 Stat. 1218). 

8 SEC. 146. ADDITIONAL MEASURES AT DONOR PORTS AND 

9 ENERGY TRANSFER PORTS. 

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

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

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

14 Regulations’’; and 

15 (2) in subsection (f)— 

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

17 and inserting ‘‘2020’’; and 

18 (B) in paragraph (3)— 

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

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

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

22 and inserting ‘‘2021 through 2025’’. 

23 SEC. 147. ARCTIC DEEP DRAFT PORT DEVELOPMENT PART24 NERSHIPS. 

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


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

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

3 villages, Regional Corporations, and Village Corpora4 tions (as those terms are defined in section 3 of the 

5 Alaska Native Claims Settlement Act (43 U.S.C. 

6 1602))’’; 

7 (2) by redesignating subsection (d) as subsection 

8 (e); and 

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

11 ‘‘(d) CONSIDERATION OF NATIONAL SECURITY INTER12 ESTS.—In carrying out a study of the feasibility of an Arc13 tic deep draft port, the Secretary shall consult with the Sec14 retary of Homeland Security and the Secretary of Defense 

15 to identify national security benefits associated with the 

16 Arctic deep draft port.’’. 

17 SEC. 148. INTERNATIONAL OUTREACH PROGRAM. 

18 Section 401(a) of the Water Resources Development 

19 Act of 1992 (33 U.S.C. 2329(a)) is amended to read as fol20 lows: 

21 ‘‘(a) AUTHORIZATION.— 

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

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


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1 improve water resources development in the United 

2 States. 

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

4 (1) may include— 

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

6 and dissemination of information about foreign 

7 water resources projects that could significantly 

8 improve water resources development in the 

9 United States; 

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

11 other forms of technology transfer and exchange; 

12 and 

13 ‘‘(C) offering technical services that cannot 

14 be readily obtained in the private sector to be in15 corporated into water resources projects if the 

16 costs for assistance will be recovered under the 

17 terms of each project.’’. 

18 SEC. 149. COMPREHENSIVE STUDY. 

19 (a) IN GENERAL.—The Secretary shall conduct a com20 prehensive study on the flood risks for vulnerable coastal 

21 populations in areas within the boundaries of the South 

22 Atlantic Division of the Corps of Engineers. 

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


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1 (1) activities that warrant additional analysis 

2 by the Corps of Engineers; and 

3 (2) institutional and other barriers to providing 

4 protection to the vulnerable coastal populations. 

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

6 study in coordination with appropriate Federal agencies 

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

8 with related plans. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

11 section. 

12 SEC. 150. ALTERNATIVE MODELS FOR MANAGING INLAND 

13 WATERWAYS TRUST FUND. 

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

15 States shall conduct a study to analyze alternative models 

16 for managing the Inland Waterways Trust Fund, including 

17 the management of— 

18 (1) project schedules for projects receiving assist19 ance from the fund; and 

20 (2) expenditures from the fund. 

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

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


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1 (c) CONSIDERATIONS.—In assessing costs and benefits 

2 under subsection (b), the Comptroller General shall con3 sider, among other factors— 

4 (1) the benefits to the taxpayer; 

5 (2) the impact on project delivery; and 

6 (3) the impact on jobs. 

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

8 enactment of this Act, the Comptroller General shall submit 

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

10 SEC. 151. ALTERNATIVE PROJECTS TO MAINTENANCE 

11 DREDGING. 

12 The Secretary may enter into agreements to assume 

13 the operation and maintenance costs of an alternative 

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

16 the channel. 

17 SEC. 152. FISH HATCHERIES. 

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

20 the purpose of restoring a population of fish species located 

21 in the region surrounding the fish hatchery that is listed 

22 as a threatened species or an endangered species under the 

23 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

24 or a similar State law. 


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

2 other than the Department of Defense, or a group of non3 Federal entities or such Federal agencies shall be responsible 

4 for 100 percent of the costs associated with managing a fish 

5 hatchery for the purpose described in subsection (a) that 

6 are not authorized as of the date of enactment of this Act 

7 for the fish hatchery. 

8 SEC. 153. ENVIRONMENTAL BANKS. 

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

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

11 Gulf Coast Ecosystem Restoration Council, with the concur12 rence of two-thirds of the Council, shall issue such regula13 tions as are necessary for the establishment of procedures 

14 and processes for the use, maintenance, and oversight of en15 vironmental banks for purposes of mitigating adverse envi16 ronmental impacts sustained by construction or other ac17 tivities as required by law or regulation. 

18 (b) REQUIREMENTS.—The regulations issued pursuant 

19 to subsection (a) shall— 

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

22 an environmental banking instrument; 

23 (2) provide a mechanism for the transfer of envi24 ronmental credits; 


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1 (3) provide for priority certification to environ2 mental banks that enhance the resilience of coastal re3 sources to inundation and coastal erosion, including 

4 the restoration of resources within the scope of a 

5 project authorized for construction; 

6 (4) ensure certification is given only to banks 

7 with secured adequate financial assurance and appro8 priate legally enforceable protection for restored lands 

9 or resources; 

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

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

15 (7) establish criteria for the operation and moni16 toring of environmental banks; and 

17 (8) establish a framework whereby the purchase 

18 of credit from an environmental bank may be used to 

19 offset or satisfy past, current, or future adverse envi20 ronmental impacts or liability under law to wetlands, 

21 water, wildlife, or other natural resources. 

22 (c) CONSIDERATION.—In developing the regulations 

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

24 into consideration habitat equivalency analysis. 


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1 (d) MODIFICATIONS.—The Chairperson may modify or 

2 update the regulations issued pursuant to this section, sub3 ject to appropriate consultation and public participation, 

4 provided that two-thirds of the Gulf Coast Ecosystem Res5 toration Council approves the modification or update. 

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

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

8 project increment, or projects for purposes of restoring, cre9 ating, enhancing, or preserving natural resources in a des10 ignated site to provide for credits to offset adverse environ11 mental impacts. 

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

13 (1) affects the requirements of section 906 of the 

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

15 2283); or 

16 (2) affects the obligations or requirements of any 

17 Federal environmental law. 

18 TITLE II—STUDIES 

19 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

20 STUDIES. 

21 The Secretary is authorized to conduct a feasibility 

22 study for the following projects for water resources develop23 ment and conservation and other purposes, as identified in 

24 the reports titled ‘‘Report to Congress on Future Water Re25 sources Development’’ submitted to Congress on January 


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1 29, 2015, and January 29, 2016, respectively, pursuant to 

2 section 7001 of the Water Resources Reform and Develop3 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

4 by Congress: 

5 (1) OUACHITA-BLACK RIVERS, ARKANSAS AND

6 LOUISIANA.—Project for navigation, Ouachita-Black 

7 Rivers, Arkansas and Louisiana. 

8 (2) CACHE CREEK SETTLING BASIN, CALI9 FORNIA.—Project for flood damage reduction and eco10 system restoration, Cache Creek Settling Basin, Cali11 fornia. 

12 (3) COYOTE VALLEY DAM, CALIFORNIA.—Project 

13 for flood damage reduction, environmental restora14 tion, and water supply, Coyote Valley Dam, Cali15 fornia. 

16 (4) DEL ROSA CHANNEL, CITY OF SAN

17 BERNARDINO, CALIFORNIA.—Project for flood damage 

18 reduction and ecosystem restoration, Del Rosa Chan19 nel, city of San Bernardino, California. 

20 (5) MERCED COUNTY STREAMS, CALIFORNIA.— 

21 Project for flood damage reduction, Merced County 

22 Streams, California. 

23 (6) MISSION-ZANJA CHANNEL, CITIES OF SAN

24 BERNARDINO AND REDLANDS, CALIFORNIA.—Project 

25 for flood damage reduction and ecosystem restoration, 


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1 Mission-Zanja Channel, cities of San Bernardino and 

2 Redlands, California. 

3 (7) SOBOBA INDIAN RESERVATION, CALI4 FORNIA.—Project for flood damage reduction, Soboba 

5 Indian Reservation, California. 

6 (8) INDIAN RIVER INLET, DELAWARE.—Project 

7 for hurricane and storm damage reduction, Indian 

8 River Inlet, Delaware. 

9 (9) LEWES BEACH, DELAWARE.—Project for hur10 ricane and storm damage reduction, Lewes Beach, 

11 Delaware. 

12 (10) MISPILLION COMPLEX, KENT AND SUSSEX

13 COUNTIES, DELAWARE.—Project for hurricane and 

14 storm damage reduction, Mispillion Complex, Kent 

15 and Sussex Counties, Delaware. 

16 (11) DAYTONA BEACH, FLORIDA.—Project for 

17 flood damage reduction, Daytona Beach, Florida. 

18 (12) BRUNSWICK HARBOR, GEORGIA.—Project for 

19 navigation, Brunswick Harbor, Georgia. 

20 (13) DUBUQUE, IOWA.—Project for flood damage 

21 reduction, Dubuque, Iowa. 

22 (14) ST. TAMMANY PARISH, LOUISIANA.—Project 

23 for flood damage reduction and ecosystem restoration, 

24 St. Tammany Parish, Louisiana. 


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1 (15) CATTARAUGUS CREEK, NEW YORK.—Project 

2 for flood damage reduction, Cattaraugus Creek, New 

3 York. 

4 (16) CAYUGA INLET, ITHACA, NEW YORK.— 

5 Project for navigation and flood damage reduction, 

6 Cayuga Inlet, Ithaca, New York. 

7 (17) DELAWARE RIVER BASIN, NEW YORK, NEW

8 JERSEY, PENNSYLVANIA, AND DELAWARE.—Projects 

9 for flood control, Delaware River Basin, New York, 

10 New Jersey, Pennsylvania, and Delaware, authorized 

11 by section 408 of the Act of July 24, 1946 (60 Stat. 

12 644, chapter 596), and section 203 of the Flood Con13 trol Act of 1962 (76 Stat. 1182), to review operations 

14 of the projects to enhance opportunities for ecosystem 

15 restoration and water supply. 

16 (18) SILVER CREEK, HANOVER, NEW YORK.— 

17 Project for flood damage reduction and ecosystem res18 toration, Silver Creek, Hanover, New York. 

19 (19) TULSA AND WEST TULSA LEVEES, TULSA, 

20 OKLAHOMA.—Project for flood damage reduction, 

21 Tulsa and West Tulsa Levees, Tulsa, Oklahoma. 

22 (20) STONYCREEK AND LITTLE CONEMAUGH RIV23 ERS, PENNSYLVANIA.—Project for flood damage reduc24 tion and recreation, Stonycreek and Little 

25 Conemaugh Rivers, Pennsylvania. 


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

2 Project for ecosystem restoration, Tioga-Hammond 

3 Lake, Pennsylvania. 

4 (22) BRAZOS RIVER, FORT BEND COUNTY, 

5 TEXAS.—Project for flood damage reduction in the vi6 cinity of the Brazos River, Fort Bend County, Texas. 

7 (23) CHACON CREEK, CITY OF LAREDO, TEXAS.— 

8 Project for flood damage reduction, ecosystem restora9 tion, and recreation, Chacon Creek, city of Laredo, 

10 Texas. 

11 (24) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— 

12 Project for navigation, Corpus Christi Ship Channel, 

13 Texas. 

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

15 damage reduction, city of El Paso, Texas. 

16 (26) GULF INTRACOASTAL WATERWAY, BRAZORIA

17 AND MATAGORDA COUNTIES, TEXAS.—Project for 

18 navigation and hurricane and storm damage reduc19 tion, Gulf Intracoastal Waterway, Brazoria and 

20 Matagorda Counties, Texas. 

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

22 navigation, Port of Bay City, Texas. 

23 (28) CHINCOTEAGUE ISLAND, VIRGINIA.—Project 

24 for hurricane and storm damage reduction, navigaVerDate Sep 11 2014 23:30 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H5303.RH H5303

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1 tion, and ecosystem restoration, Chincoteague Island, 

2 Virginia. 

3 (29) BURLEY CREEK WATERSHED, KITSAP COUN4 TY, WASHINGTON.—Project for flood damage reduction 

5 and ecosystem restoration, Burley Creek Watershed, 

6 Kitsap County, Washington. 

7 SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CER8 TAIN PROJECTS. 

9 (a) FEASIBILITY REPORTS.—The Secretary shall expe10 dite the completion of a feasibility study for each of the 

11 following projects, and if the Secretary determines that the 

12 project is justified in a completed report, may proceed di13 rectly to preconstruction planning, engineering, and design 

14 of the project: 

15 (1) Project for flood risk management, Little Col16 orado River at Winslow, Navajo County, Arizona. 

17 (2) Project for flood risk management, Lower 

18 San Joaquin River, California. In carrying out the 

19 feasibility study for the project, the Secretary shall 

20 include Reclamation District 17 as part of the study. 

21 (3) Project for flood risk management and eco22 system restoration, Sacramento River Flood Control 

23 System, California. 

24 (4) Project for hurricane and storm damage risk 

25 reduction, Ft. Pierce, Florida. 


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1 (5) Project for flood risk management, Des 

2 Moines and Raccoon Rivers, Iowa. 

3 (6) Project for navigation, Mississippi River 

4 Ship Channel, Louisiana. 

5 (7) Project for flood risk management, North 

6 Branch Ecorse Creek, Wayne County, Michigan. 

7 (8) Project for flood risk management, Rahway 

8 River Basin (Upper Basin), New Jersey. 

9 (9) 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 each of 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 risk 

17 reduction, New Hanover County, North Carolina. 

18 TITLE III—DEAUTHORIZATIONS 

19 AND RELATED PROVISIONS 

20 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

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

22 (1) to identify $5,000,000,000 in water resources 

23 development projects authorized by Congress that are 

24 no longer viable for construction due to— 

25 (A) a lack of local support; 


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1 (B) a lack of available Federal or non-Fed2 eral resources; or 

3 (C) an authorizing purpose that is no 

4 longer relevant or feasible; 

5 (2) to create an expedited and definitive process 

6 for Congress to deauthorize water resources develop7 ment projects that are no longer viable for construc8 tion; and 

9 (3) to allow the continued authorization of water 

10 resources development projects that are viable for con11 struction. 

12 (b) INTERIM DEAUTHORIZATION LIST.— 

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

14 an interim deauthorization list that identifies— 

15 (A) each water resources development 

16 project, or separable element of a project, author17 ized for construction before November 8, 2007, 

18 for which— 

19 (i) planning, design, or construction 

20 was not initiated before the date of enact21 ment of this Act; or 

22 (ii) planning, design, or construction 

23 was initiated before the date of enactment of 

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

25 non-Federal, were obligated for planning, 


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1 design, or construction of the project or sep2 arable element of the project during the cur3 rent fiscal year or any of the 6 preceding 

4 fiscal years; and 

5 (B) each project or separable element identi6 fied and included on a list to Congress for de7 authorization pursuant to section 1001(b)(2) of 

8 the Water Resources Development Act of 1986 

9 (33 U.S.C. 579a(b)(2)). 

10 (2) PUBLIC COMMENT AND CONSULTATION.— 

11 (A) IN GENERAL.—The Secretary shall so12 licit comments from the public and the Gov13 ernors of each applicable State on the interim 

14 deauthorization list developed under paragraph 

15 (1). 

16 (B) COMMENT PERIOD.—The public com17 ment period shall be 90 days. 

18 (3) SUBMISSION TO CONGRESS; PUBLICATION.— 

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

20 the comment period under paragraph (2), the Sec21 retary shall— 

22 (A) submit a revised interim deauthoriza23 tion list to the Committee on Environment and 

24 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 deauthoriza4 tion list in the Federal Register. 

5 (c) FINAL DEAUTHORIZATION LIST.— 

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

7 final deauthorization list of water resources develop8 ment projects, or separable elements of projects, from 

9 the revised interim deauthorization list described in 

10 subsection (b)(3). 

11 (2) DEAUTHORIZATION AMOUNT.— 

12 (A) PROPOSED FINAL LIST.—The Secretary 

13 shall prepare a proposed final deauthorization 

14 list of projects and separable elements of projects 

15 that have, in the aggregate, an estimated Federal 

16 cost to complete that is at least $5,000,000,000. 

17 (B) DETERMINATION OF FEDERAL COST TO

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

19 the Federal cost to complete shall take into ac20 count any allowances authorized by section 902 

21 of the Water Resources Development Act of 1986 

22 (33 U.S.C. 2280), as applied to the most recent 

23 project schedule and cost estimate. 

24 (3) IDENTIFICATION OF PROJECTS.— 

25 (A) SEQUENCING OF PROJECTS.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 identify projects and separable elements of 

3 projects for inclusion on the proposed final 

4 deauthorization list according to the order 

5 in which the projects and separable elements 

6 of the projects were authorized, beginning 

7 with the earliest authorized projects and 

8 separable elements of projects and ending 

9 with the latest project or separable element 

10 of a project necessary to meet the aggregate 

11 amount under paragraph (2). 

12 (ii) FACTORS TO CONSIDER.—The Sec13 retary may identify projects and separable 

14 elements of projects in an order other than 

15 that established by clause (i) if the Sec16 retary determines, on a case-by-case basis, 

17 that a project or separable element of a 

18 project is critical for interests of the United 

19 States, based on the possible impact of the 

20 project or separable element of the project 

21 on public health and safety, the national 

22 economy, or the environment. 

23 (iii) CONSIDERATION OF PUBLIC COM24 MENTS.—In making determinations under 


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1 clause (ii), the Secretary shall consider any 

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

3 (B) APPENDIX.—The Secretary shall in4 clude as part of the proposed final deauthoriza5 tion list an appendix that— 

6 (i) identifies each project or separable 

7 element of a project on the interim de8 authorization list developed under sub9 section (b) that is not included on the pro10 posed final deauthorization list; and 

11 (ii) describes the reasons why the 

12 project or separable element is not included 

13 on the proposed final list. 

14 (4) PUBLIC COMMENT AND CONSULTATION.— 

15 (A) IN GENERAL.—The Secretary shall so16 licit comments from the public and the Governor 

17 of each applicable State on the proposed final de18 authorization list and appendix developed under 

19 paragraphs (2) and (3). 

20 (B) COMMENT PERIOD.—The public com21 ment period shall be 90 days. 

22 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

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

24 of the close of the comment period under paragraph 

25 (4), the Secretary shall— 


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1 (A) submit a final deauthorization list and 

2 an appendix to the final deauthorization list in 

3 a report to the Committee on Environment and 

4 Public Works of the Senate and the Committee 

5 on Transportation and Infrastructure of the 

6 House of Representatives; and 

7 (B) publish the final deauthorization list 

8 and the appendix to the final deauthorization 

9 list in the Federal Register. 

10 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

12 180-day period beginning on the date of submission 

13 of the final deauthorization list and appendix under 

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

15 project identified in the final deauthorization list is 

16 hereby deauthorized, unless Congress passes a joint 

17 resolution disapproving the final deauthorization list 

18 prior to the end of such period. 

19 (2) NON-FEDERAL CONTRIBUTIONS.— 

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

21 element of a project identified in the final de22 authorization list under subsection (c) shall not 

23 be deauthorized under this subsection if, before 

24 the expiration of the 180-day period referred to 

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


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1 the project or separable element of the project 

2 provides sufficient funds to complete the project 

3 or separable element of the project. 

4 (B) TREATMENT OF PROJECTS.—Notwith5 standing subparagraph (A), each project and 

6 separable element of a project identified in the 

7 final deauthorization list shall be treated as de8 authorized for purposes of the aggregate de9 authorization amount specified in subsection 

10 (c)(2). 

11 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

12 project or separable element of a project identified in 

13 the appendix to the final deauthorization list shall re14 main subject to future deauthorization by Congress. 

15 (e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS

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

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

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

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

20 the project or separable element received funding for a post21 authorization study during the current fiscal year or any 

22 of the 6 preceding fiscal years. 

23 (f) GENERAL PROVISIONS.— 

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

25 definitions apply: 


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1 (A) POST-AUTHORIZATION STUDY.—The 

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

3 (i) a feasibility report developed under 

4 section 905 of the Water Resources Develop5 ment Act of 1986 (33 U.S.C. 2282); 

6 (ii) a feasibility study, as defined in 

7 section 105(d) of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2215(d)); or 

9 (iii) a review conducted under section 

10 216 of the Flood Control Act of 1970 (33 

11 U.S.C. 549a), including an initial ap12 praisal that— 

13 (I) demonstrates a Federal inter14 est; and 

15 (II) requires additional analysis 

16 for the project or separable element. 

17 (B) WATER RESOURCES DEVELOPMENT

18 PROJECT.—The term ‘‘water resources develop19 ment project’’ includes an environmental infra20 structure assistance project or program of the 

21 Corps of Engineers. 

22 (2) TREATMENT OF PROJECT MODIFICATIONS.— 

23 For purposes of this section, if an authorized water 

24 resources development project or separable element of 

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


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1 the date of the authorization of the project or sepa2 rable element shall be deemed to be the date of the 

3 most recent such modification. 

4 SEC. 302. VALDEZ, ALASKA. 

5 (a) IN GENERAL.—Subject to subsection (b), the por6 tion of the project for navigation, Valdez, Alaska, identified 

7 as Tract G, Harbor Subdivision, shall not be subject to 

8 navigational servitude beginning on the date of enactment 

9 of this Act. 

10 (b) ENTRY BY FEDERAL GOVERNMENT.—The Federal 

11 Government may enter upon the property referred to in sub12 section (a) to carry out any required operation and mainte13 nance of the general navigation features of the project re14 ferred to in subsection (a). 

15 SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS AN16 GELES COUNTY, CALIFORNIA. 

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

18 (1) prioritize the updating of the Water Control 

19 Manuals for control structures in the Los Angeles 

20 County Drainage Area, Los Angeles County, Cali21 fornia, authorized by section 101(b) of the Water Re22 sources Development Act of 1990 (Public Law 101– 

23 640; 104 Stat. 4611); and 


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1 (2) integrate and incorporate into the project 

2 seasonal operations for water conservation and water 

3 supply. 

4 (b) PARTICIPATION.—The update referred to in sub5 section (a) shall be done in coordination with all appro6 priate Federal agencies, elected officials, and members of 

7 the public. 

8 SEC. 304. SUTTER BASIN, CALIFORNIA. 

9 (a) IN GENERAL.—The separable element constituting 

10 the locally preferred plan increment reflected in the report 

11 of the Chief of Engineers dated March 12, 2014, and author12 ized for construction in item 8 of the table contained in 

13 section 7002(2) of the Water Resources Reform and Develop14 ment Act of 2014 (Public Law 113–121; 128 Stat. 1366) 

15 is no longer authorized beginning on the date of enactment 

16 of this Act. 

17 (b) SAVINGS PROVISIONS.—The deauthorization under 

18 subsection (a) does not affect— 

19 (1) the national economic development plan sep20 arable element reflected in the report of the Chief of 

21 Engineers dated March 12, 2014, and authorized for 

22 construction in item 8 of the table contained in sec23 tion 7002(2) of the Water Resources Reform and De24 velopment Act of 2014 (Public Law 113–121; 128 

25 Stat. 1366); or 


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1 (2) previous authorizations providing for the 

2 Sacramento River and major and minor tributaries 

3 project, including— 

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

5 (39 Stat. 949, chapter 144); 

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

7 1944 (58 Stat. 900, chapter 665); 

8 (C) section 204 of the Flood Control Act of 

9 1950 (64 Stat. 177, chapter 188); and 

10 (D) any other Acts relating to the author11 ization for the Sacramento River and major and 

12 minor tributaries project along the Feather River 

13 right bank between levee stationing 1483+33 

14 and levee stationing 2368+00. 

15 SEC. 305. ESSEX RIVER, MASSACHUSETTS. 

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

17 for navigation, Essex River, Massachusetts, authorized by 

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

19 modified by the Act of March 3, 1899 (30 Stat. 1121, chap20 ter 425), and the Act of March 2, 1907 (34 Stat. 1073, chap21 ter 2509), that do not lie within the areas described in sub22 section (b) are no longer authorized beginning on the date 

23 of enactment of this Act. 

24 (b) DESCRIPTION OF PROJECT AREAS.—The areas de25 scribed in this subsection are as follows: Beginning at a 


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1 point N3056139.82 E851780.21, thence southwesterly about 

2 156.88 feet to a point N3055997.75 E851713.67; thence 

3 southwesterly about 64.59 feet to a point N3055959.37 

4 E851661.72; thence southwesterly about 145.14 feet to a 

5 point N3055887.10 E851535.85; thence southwesterly about 

6 204.91 feet to a point N3055855.12 E851333.45; thence 

7 northwesterly about 423.50 feet to a point N3055976.70 

8 E850927.78; thence northwesterly about 58.77 feet to a 

9 point N3056002.99 E850875.21; thence northwesterly about 

10 240.57 feet to a point N3056232.82 E850804.14; thence 

11 northwesterly about 203.60 feet to a point N3056435.41 

12 E850783.93; thence northwesterly about 78.63 feet to a 

13 point N3056499.63 E850738.56; thence northwesterly about 

14 60.00 feet to a point N3056526.30 E850684.81; thence 

15 southwesterly about 85.56 feet to a point N3056523.33 

16 E850599.31; thence southwesterly about 36.20 feet to a 

17 point N3056512.37 E850564.81; thence southwesterly about 

18 80.10 feet to a point N3056467.08 E850498.74; thence 

19 southwesterly about 169.05 feet to a point N3056334.36 

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

21 point N3056354.38 E850349.83; thence northeasterly about 

22 83.71 feet to a point N3056436.35 E850366.84; thence 

23 northeasterly about 212.38 feet to a point N3056548.70 

24 E850547.07; thence northeasterly about 47.60 feet to a point 

25 N3056563.12 E850592.43; thence northeasterly about 


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1 101.16 feet to a point N3056566.62 E850693.53; thence 

2 southeasterly about 80.22 feet to a point N3056530.97 

3 E850765.40; thence southeasterly about 99.29 feet to a point 

4 N3056449.88 E850822.69; thence southeasterly about 

5 210.12 feet to a point N3056240.79 E850843.54; thence 

6 southeasterly about 219.46 feet to a point N3056031.13 

7 E850908.38; thence southeasterly about 38.23 feet to a point 

8 N3056014.02 E850942.57; thence southeasterly about 

9 410.93 feet to a point N3055896.06 E851336.21; thence 

10 northeasterly about 188.43 feet to a point N3055925.46 

11 E851522.33; thence northeasterly about 135.47 feet to a 

12 point N3055992.91 E851639.80; thence northeasterly about 

13 52.15 feet to a point N3056023.90 E851681.75; thence 

14 northeasterly about 91.57 feet to a point N3056106.82 

15 E851720.59. 

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

17 (a) EXTINGUISHMENT OF PORTIONS OF EXISTING

18 FLOWAGE EASEMENT.—With respect to the properties de19 scribed in subsection (b), beginning on the date of enact20 ment of this Act, the flowage easements described in sub21 section (c) are extinguished above elevation 82.2 feet 

22 (NGVD29), the ordinary high water line. 

23 (b) AFFECTED PROPERTIES.—The properties described 

24 in this subsection, as recorded in Hood River County, Or25 egon, are as follows: 


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

2 Locks Business Park’’ subdivision, Instrument Num3 ber 2014–00436. 

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

5 Partition, Plat Number 2008–25P. 

6 (c) FLOWAGE EASEMENTS.—The flowage easements de7 scribed in this subsection are identified as Tracts 302E– 

8 1 and 304E–1 on the easement deeds recorded as instru9 ments in Hood River County, Oregon, and described as fol10 lows: 

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

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

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

14 the United States (302E–1–Perpetual Flowage Ease15 ment from 10/5/37, 10/5/36, and 10/3/36; previously 

16 acquired as Tracts OH–36 and OH–41 and a portion 

17 of Tract OH–47). 

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

19 recorded October 17, 1936, book 25, page 476 (Records 

20 of Hood River County, Oregon), in favor of the 

21 United States, affecting that portion below the 94-foot 

22 contour line above main sea level (304 E1–Perpetual 

23 Flowage Easement from 8/10/37 and 10/3/36; pre24 viously acquired as Tract OH–042 and a portion of 

25 Tract OH–47). 


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1 (d) FEDERAL LIABILITIES; CULTURAL, ENVIRON2 MENTAL, AND OTHER REGULATORY REVIEWS.— 

3 (1) FEDERAL LIABILITY.—The United States 

4 shall not be liable for any injury caused by the extin5 guishment of an easement under this section. 

6 (2) CULTURAL AND ENVIRONMENTAL REGU7 LATORY ACTIONS.—Nothing in this section establishes 

8 any cultural or environmental regulation relating to 

9 the properties described in subsection (b). 

10 (e) EFFECT ON OTHER RIGHTS.—Nothing in this sec11 tion affects any remaining right or interest of the Corps 

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

13 SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, 

14 PENNSYLVANIA. 

15 (a) AREA TO BE DECLARED NONNAVIGABLE.—Subject 

16 to subsection (c), unless the Secretary finds, after consulta17 tion with local and regional public officials (including local 

18 and regional public planning organizations), that there are 

19 substantive objections, those portions of the Delaware River, 

20 bounded by the former bulkhead and pierhead lines that 

21 were established by the Secretary of War and successors and 

22 described as follows, are declared to be nonnavigable waters 

23 of the United States: 

24 (1) Piers 70 South through 38 South, encom25 passing an area bounded by the southern line of 


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1 Moore Street extended to the northern line of Cath2 erine Street extended, including the following piers: 

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

4 40, and 38. 

5 (2) Piers 24 North through 72 North, encom6 passing an area bounded by the southern line of Cal7 lowhill Street extended to the northern line of East 

8 Fletcher Street extended, including the following 

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

10 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and 

11 Rivercenter. 

12 (b) PUBLIC INTEREST DETERMINATION.—The Sec13 retary shall make the public interest determination under 

14 subsection (a) separately for each proposed project to be un15 dertaken within the boundaries described in subsection (a), 

16 using reasonable discretion, not later than 150 days after 

17 the date of submission of appropriate plans for the proposed 

18 project. 

19 (c) LIMITS ON APPLICABILITY; REGULATORY RE20 QUIREMENTS.—The declaration under subsection (a) shall 

21 apply only to those parts of the areas described in sub22 section (a) that are or will be bulkheaded and filled or other23 wise occupied by permanent structures, including marina 

24 and recreation facilities. All such work is subject to all ap25 plicable Federal statutes and regulations, including sections 


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1 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151, chap2 ter 425; 33 U.S.C. 401 and 403), section 404 of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1344), and the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

5 et seq.). 

6 SEC. 308. HUNTINGDON COUNTY, PENNSYLVANIA. 

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

8 (1) prioritize the updating of the Master Plan 

9 for the Juniata River and tributaries project, Hun10 tingdon County, Pennsylvania, authorized by section 

11 203 of the Flood Control Act of 1962 (Public Law 87– 

12 874; 76 Stat. 1182); and 

13 (2) ensure that alternatives for additional recre14 ation access and development at the project are fully 

15 assessed, evaluated, and incorporated as a part of the 

16 update. 

17 (b) PARTICIPATION.—The update referred to in sub18 section (a) shall be done in coordination with all appro19 priate Federal agencies, elected officials, and members of 

20 the public. 

21 SEC. 309. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

22 Section 38(c) of the Water Resources Development Act 

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


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

2 of enactment, in the case of the area or any part 

3 thereof described in subsection (a)(5))’’; and 

4 (2) by adding at the end the following: ‘‘Notwith5 standing the preceding sentence, the declaration of 

6 nonnavigability for the area described in subsection 

7 (a)(5), or any part thereof, shall not expire.’’. 

8 SEC. 310. JOE POOL LAKE, TEXAS. 

9 The Secretary shall accept from the Trinity River Au10 thority of Texas, if received by September 30, 2016, 

11 $31,233,401 as payment in full of amounts owed to the 

12 United States, including any accrued interest, for the ap13 proximately 61,747.1 acre-feet of water supply storage space 

14 in Joe Pool Lake, Texas (previously known as Lakeview 

15 Lake), for which payment has not commenced under Article 

16 5.a. (relating to project investment costs) of contract num17 ber DACW63–76–C–0106, as of the date of enactment of 

18 this Act. 

19 SEC. 311. SALT CREEK, GRAHAM, TEXAS. 

20 (a) IN GENERAL.—The project for flood control, envi21 ronmental restoration, and recreation, Salt Creek, Graham, 

22 Texas, authorized by section 101(a)(30) of the Water Re23 sources Development Act of 1999 (Public Law 106–53; 113 

24 Stat. 278), is no longer authorized as a Federal project be25 ginning on the date of enactment of this Act. 


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1 (b) CERTAIN PROJECT-RELATED CLAIMS.—The non2 Federal interest for the project shall hold and save the 

3 United States harmless from any claim that has arisen, or 

4 that may arise, in connection with the project. 

5 (c) TRANSFER.—The Secretary is authorized to trans6 fer any land acquired by the Federal Government for the 

7 project on behalf of the non-Federal interest that remains 

8 in Federal ownership on or after the date of enactment of 

9 this Act to the non-Federal interest. 

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

11 land transferred under subsection (c) ceases to be owned by 

12 the public, all right, title, and interest in and to the land 

13 and improvements thereon shall revert, at the discretion of 

14 the Secretary, to the United States. 

15 SEC. 312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

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

17 Channel, Texas City, Texas, described in subsection (b) 

18 shall not be subject to navigational servitude beginning on 

19 the date of enactment of this Act. 

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

21 Channel described in this subsection is a tract or parcel 

22 containing 393.53 acres (17,142,111 square feet) of land sit23 uated in the City of Texas City Survey, Abstract Number 

24 681, and State of Texas Submerged Lands Tracts 98A and 


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1 99A, Galveston County, Texas, said 393.53 acre tract being 

2 more particularly described as follows: 

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

4 fill along Galveston Bay with the most northerly east 

5 survey line of said City of Texas City Survey, Ab6 stract No. 681, the same being a called 375.75 acre 

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

8 Texas City and recorded in Volume 1941, Page 750 

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

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

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

12 Texas City Dike along the east side of Bay Street 

13 bears North 56° 14′ 32′′ West, a distance of 6,045.31 

14 feet and from which a found U.S. Army Corps of En15 gineers Brass Cap stamped ‘‘R 4–2’’ set in the top of 

16 the Texas City Dike along the east side of Bay Street 

17 bears North 49° 13′ 20′′ West, a distance of 6,693.64 

18 feet. 

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

20 98A and 99A and along the edge of fill along said 

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

22 distances: 

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

24 298.08 feet to an angle point of the tract herein 

25 described. 


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

2 170.58 feet to an angle point of the tract herein 

3 described. 

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

5 802.34 feet to an angle point of the tract herein 

6 described. 

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

8 869.68 feet to a point for the beginning of a non9 tangent curve to the right. 

10 (E) Easterly along said non-tangent curve 

11 to the right having a radius of 736.80 feet, a cen12 tral angle of 24° 55′ 59′′, a chord of South 68° 

13 47′ 35′′ East – 318.10 feet, and an arc length of 

14 320.63 feet to a point for the beginning of a non15 tangent curve to the left. 

16 (F) Easterly along said non-tangent curve 

17 to the left having a radius of 373.30 feet, a cen18 tral angle of 31° 57′ 42′′, a chord of South 66° 

19 10′ 42′′ East – 205.55 feet, and an arc length of 

20 208.24 feet to a point for the beginning of a non21 tangent curve to the right. 

22 (G) Easterly along said non-tangent curve 

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

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

25 81° 56′ 20′′ East – 558.04 feet, and an arc 


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1 length of 558.07 feet to a point for the beginning 

2 of a compound curve to the right and the north3 easterly corner of the tract herein described. 

4 (H) Southerly along said compound curve 

5 to the right and the easterly line of the tract 

6 herein described, having a radius of 1,425.00 

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

8 South 14° 20′ 15′′ East – 2,614.94 feet, and an 

9 arc length of 3,311.15 feet to a point on a line 

10 lying 125.00 feet northerly of and parallel with 

11 the centerline of an existing levee for the south12 easterly corner of the tract herein described. 

13 (3) Thence, continuing over and across said 

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

15 125.00 feet northerly of, parallel, and concentric with 

16 the centerline of said existing levee, the following 

17 twelve (12) courses and distances: 

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

19 840.90 feet to an angle point of the tract herein 

20 described. 

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

22 976.66 feet to an angle point of the tract herein 

23 described. 


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

2 1,757.03 feet to a point for the beginning of a 

3 tangent curve to the left. 

4 (D) Southwesterly, along said tangent curve 

5 to the left having a radius of 185.00 feet, a cen6 tral angle of 82° 27′ 32′′, a chord of South 62° 

7 01′ 41′′ West – 243.86 feet, and an arc length of 

8 266.25 feet to a point for the beginning of a com9 pound curve to the left. 

10 (E) Southerly, along said compound curve 

11 to the left having a radius of 4,535.58 feet, a cen12 tral angle of 11° 06′ 58′′, a chord of South 15° 

13 14′ 26′′ West – 878.59 feet, and an arc length of 

14 879.97 feet to an angle point of the tract herein 

15 described. 

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

17 146.03 feet to an angle point of the tract herein 

18 described. 

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

20 194.42 feet to an angle point of the tract herein 

21 described. 

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

23 789.69 feet to an angle point of the tract herein 

24 described. 


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

2 161.01 feet to an angle point of the tract herein 

3 described. 

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

5 144.66 feet to a point for the beginning of a tan6 gent curve to the right. 

7 (K) Westerly, along said tangent curve to 

8 the right having a radius of 310.00 feet, a cen9 tral angle of 59° 50′ 28′′, a chord of South 72° 

10 42′ 24′′ West – 309.26 feet, and an arc length of 

11 323.77 feet to an angle point of the tract herein 

12 described. 

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

14 591.41 feet to the intersection of said parallel 

15 line with the edge of fill adjacent to the easterly 

16 edge of the Texas City Turning Basin for the 

17 southwesterly corner of the tract herein described, 

18 from which a found U.S. Army Corps of Engi19 neers Brass Cap stamped ‘‘SWAN 2’’ set in the 

20 top of a concrete column set flush in the ground 

21 along the north bank of Swan Lake bears South 

22 20° 51′ 58′′ West, a distance of 4,862.67 feet. 

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

24 City Survey and along the edge of fill adjacent to the 


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1 easterly edge of said Texas City Turning Basin, the 

2 following eighteen (18) courses and distances: 

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

4 57.40 feet to an angle point of the tract herein 

5 described. 

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

7 161.85 feet to an angle point of the tract herein 

8 described. 

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

10 297.75 feet to an angle point of the tract herein 

11 described. 

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

13 71.33 feet to an angle point of the tract herein 

14 described. 

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

16 122.45 feet to an angle point of the tract herein 

17 described. 

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

19 46.02 feet to an angle point of the tract herein 

20 described. 

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

22 219.78 feet to an angle point of the tract herein 

23 described. 


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

2 104.89 feet to an angle point of the tract herein 

3 described. 

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

5 72.94 feet to an angle point of the tract herein 

6 described. 

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

8 78.89 feet to an angle point of the tract herein 

9 described. 

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

11 182.79 feet to an angle point of the tract herein 

12 described. 

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

14 105.74 feet to an angle point of the tract herein 

15 described. 

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

17 184.50 feet to an angle point of the tract herein 

18 described. 

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

20 102.23 feet to an angle point of the tract herein 

21 described. 

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

23 213.45 feet to an angle point of the tract herein 

24 described. 


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

2 336.45 feet to a point for the beginning of a non3 tangent curve to the left. 

4 (Q) Northerly along said non-tangent curve 

5 to the left having a radius of 896.08 feet, a cen6 tral angle of 14° 00′ 05′′, a chord of North 09° 

7 36′ 03′′ West – 218.43 feet, and an arc length of 

8 218.97 feet to a point for the beginning of a non9 tangent curve to the right. 

10 (R) Northerly along said non-tangent curve 

11 to the right having a radius of 483.33 feet, a cen12 tral angle of 19° 13′ 34′′, a chord of North 13° 

13 52′ 03′′ East – 161.43 feet, and an arc length of 

14 162.18 feet to a point for the northwesterly cor15 ner of the tract herein described. 

16 (5) Thence, continuing over and across said City 

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

18 said Galveston Bay, the following fifteen (15) courses 

19 and distances: 

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

21 189.03 feet to an angle point of the tract herein 

22 described. 

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

24 174.16 feet to a point for the beginning of a non25 tangent curve to the right. 


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1 (C) Northeasterly along said non-tangent 

2 curve to the right having a radius of 202.01 feet, 

3 a central angle of 25° 53′ 37′′, a chord of North 

4 33° 14′ 58′′ East – 90.52 feet, and an arc length 

5 of 91.29 feet to a point for the beginning of a 

6 non-tangent curve to the left. 

7 (D) Northeasterly along said non-tangent 

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

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

10 48° 02′ 53′′ East – 187.90 feet, and an arc 

11 length of 189.21 feet to a point for the beginning 

12 of a non-tangent curve to the right. 

13 (E) Northeasterly along said non-tangent 

14 curve to the right having a radius of 768.99 feet, 

15 a central angle of 16° 24′ 19′′, a chord of North 

16 43° 01′ 40′′ East – 219.43 feet, and an arc 

17 length of 220.18 feet to an angle point of the 

18 tract herein described. 

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

20 126.41 feet to an angle point of the tract herein 

21 described. 

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

23 128.28 feet to a point for the beginning of a non24 tangent curve to the right. 


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1 (H) Northerly along said non-tangent curve 

2 to the right having a radius of 151.96 feet, a cen3 tral angle of 68° 36′ 31′′, a chord of North 57° 

4 59′ 42′′ East – 171.29 feet, and an arc length of 

5 181.96 feet to a point for the most northerly cor6 ner of the tract herein described. 

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

8 131.60 feet to an angle point of the tract herein 

9 described. 

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

11 86.58 feet to an angle point of the tract herein 

12 described. 

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

14 69.62 feet to an angle point of the tract herein 

15 described. 

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

17 149.00 feet to an angle point of the tract herein 

18 described. 

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

20 353.77 feet to a point for the beginning of a non21 tangent curve to the left. 

22 (N) Easterly along said non-tangent curve 

23 to the left having a radius of 253.99 feet, a cen24 tral angle of 98° 53′ 23′′, a chord of South 83° 

25 28′ 51′′ East – 385.96 feet, and an arc length of 


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1 438.38 feet to an angle point of the tract herein 

2 described. 

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

4 321.52 feet to the point of beginning and con5 taining 393.53 acres (17,142,111 square feet) of 

6 land. 

7 TITLE IV—WATER RESOURCES 

8 INFRASTRUCTURE 

9 SEC. 401. PROJECT AUTHORIZATIONS. 

10 The following projects for water resources development 

11 and conservation and other purposes, as identified in the 

12 reports titled ‘‘Report to Congress on Future Water Re13 sources Development’’ submitted to Congress on January 

14 29, 2015, and January 29, 2016, respectively, pursuant to 

15 section 7001 of the Water Resources Reform and Develop16 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

17 by Congress, are authorized to be carried out by the Sec18 retary substantially in accordance with the plans, and sub19 ject to the conditions, described in the respective reports des20 ignated in this section: 

21 (1) NAVIGATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. TX Brazos Island 

Harbor 

Nov. 3, 2014 Federal: $116,116,000 

Non-Federal: $88,471,000 

Total: $204,587,000 

2. LA Calcasieu Lock Dec. 2, 2014 Total: $16,700,000 (to be derived 1⁄2 from the general 

fund of the Treasury and 

1⁄2 from the Inland Waterways Trust Fund) 

3. NH, 

ME 

Portsmouth Harbor and 

Piscataqua 

River 

Feb. 8, 2015 Federal: $15,580,000 

Non-Federal: $5,190,000 

Total: $20,770,000 

4. FL Port Everglades Jun. 25, 

2015 

Federal: $220,200,000 

Non-Federal: $102,500,000 

Total: $322,700,000 

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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

2. MO, 

KS 

Armourdale and 

Central Industrial District 

Levee Units, 

Missouri River 

and Tributaries 

at Kansas Citys 

Jan. 27, 

2015 

Federal: $207,036,000 

Non-Federal: $111,481,000 

Total: $318,517,000 

3. KS City of Manhattan Apr. 30, 

2015 

Federal: $15,440,100 

Non-Federal: $8,313,900 

Total: $23,754,000 

4. TN Mill Creek Oct. 16, 2015 Federal: $17,759,000 

Non-Federal: $10,745,000 

Total: $28,504,000 

5. KS Upper Turkey 

Creek Basin 

Dec. 22, 

2015 

Federal: $24,584,000 

Non-Federal: $13,238,000 

Total: $37,822,000 

6. NC Princeville Feb. 23, 

2016 

Federal: $14,001,000 

Non-Federal: $7,539,000 

Total: $21,540,000 

7. CA American River 

Common Features 

Apr. 26, 

2016 

Federal: $876,478,000 

Non-Federal: $689,272,000 

Total: $1,565,750,000 

8. CA West Sacramento Apr. 26, 

2016 

Federal: $776,517,000 

Non-Federal: $414,011,000 

Total: $1,190,528,000. 

1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. SC Colleton County Sep. 5, 2014 Initial Federal: $13,733,850 

Initial Non-Federal: 

$7,395,150 

Initial Total: $21,129,000 

Renourishment Federal: 

$16,371,000 

Renourishment Non-Federal: 

$16,371,000 

Renourishment Total: 

$32,742,000 

2. FL Flagler County Dec. 23, 

2014 

Initial Federal: $9,218,300 

Initial Non-Federal: 

$4,963,700 

Initial Total: $14,182,000 

Renourishment Federal: 

$15,390,000 

Renourishment Non-Federal: 

$15,390,000 

Renourishment Total: 

$30,780,000 

3. NC Carteret County Dec. 23, 

2014 

Initial Federal: $24,263,000 

Initial Non-Federal: 

$13,064,000 

Initial Total: $37,327,000 

Renourishment Federal: 

$114,728,000 

Renourishment Non-Federal: 

$114,728,000 

Renourishment Total: 

$229,456,000 

4. NJ Hereford Inlet to 

Cape May Inlet, 

Cape May 

County 

Jan. 23, 

2015 

Initial Federal: $14,040,000 

Initial Non-Federal: 

$7,560,000 

Initial Total: $21,600,000 

Renourishment Federal: 

$41,215,000 

Renourishment Non-Federal: 

$41,215,000 

Renourishment Total: 

$82,430,000 

5. LA West Shore Lake 

Pontchartrain 

Jun. 12, 

2015 

Federal: $466,760,000 

Non-Federal: $251,330,000 

Total: $718,090,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

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.— 

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. 

2 (5) FLOOD RISK MANAGEMENT AND ECOSYSTEM

3 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. 

4 (6) FLOOD RISK MANAGEMENT, ECOSYSTEM RES5 TORATION, AND RECREATION.— 


emcdonald on DSK9F6TC42PROD with BILLS
112 

•HR 5303 RH

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. 

1 (7) ECOSYSTEM RESTORATION AND RECRE2 ATION.— 

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. 

3 (8) DEAUTHORIZATIONS, MODIFICATIONS, AND

4 OTHER PROJECTS.— 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

1. TX Upper Trinity 

River 

May 21, 

2008 

Federal: $526,500,000 

Non-Federal: $283,500,000 

Total: $810,000,000 

2. KY Green River Locks 

and Dams 3, 4, 

5, 6 and Barren 

River Lock and 

Dam 1 Disposition 

Apr. 30, 

2015 

Federal: $0 

Non-Federal: $0 

Total: $0 

3. KS Turkey Creek 

Basin 

May 13, 

2016 

Federal: $97,067,750 

Non-Federal: $55,465,250 

Total: $152,533,000 


emcdonald on DSK9F6TC42PROD with BILLS
113 

•HR 5303 RH

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

4. KY Ohio River Shoreline May 13, 

2016 

Federal: $20,309,900 

Non-Federal: $10,936,100 

Total: $31,246,000. 

5. MO Blue River Basin May 13, 

2016 

Federal: $34,860,000 

Non-Federal: $11,620,000 

Total: $46,480,000 


emcdonald on DSK9F6TC42PROD with BILLS
Union Calendar No. 613 

114TH CONGRESS 

2D SESSION H. R. 5303 

[Report No. 114–785] 

A BILL 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conSEPTEMBER 22, 2016 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

SEPTEMBER 22, 2016 

The Committee on Natural Resources discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


emcdonald on DSK9F6TC42PROD with BILLS