Water Resources Development Act of 2016

To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Development Act of 2016 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. Title I—General Provisions Sec. 101. Sense of Congress regarding Water Resources Development Acts. Sec. 102. Training and employment for veterans and members of Armed Forces in curation and historic preservation. Sec. 103. Youth service and conservation corps organizations. Sec. 104. Navigation safety. Sec. 105. Emerging harbors. Sec. 106. Federal breakwaters and jetties. Sec. 107. Donor ports and energy transfer ports. Sec. 108. Use of Harbor Maintenance Trust Fund to support navigation. Sec. 109. Remote and subsistence harbors. Sec. 110. Beneficial use of dredged material. Sec. 111. Reservoir sediment. Sec. 112. Contributed funds for reservoir operations. Sec. 113. Water supply conservation. Sec. 114. Interstate compacts. Sec. 115. Nonstructural alternatives. Sec. 116. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects. Sec. 117. Estuary restoration. Sec. 118. Great Lakes fishery and ecosystem restoration. Sec. 119. Agreements. Sec. 120. Corps of Engineers operation of unmanned aircraft systems. Sec. 121. Federal dredge fleet. Sec. 122. Corps of Engineers assets. Sec. 123. Funding to process permits. Sec. 124. Credit in lieu of reimbursement. Sec. 125. Clarification of contributions during emergency events. Sec. 126. Study of water resources development projects by non-Federal interests. Sec. 127. Non-Federal construction of authorized flood damage reduction projects. Sec. 128. Multistate activities. Sec. 129. Regional participation assurance for levee safety activities. Sec. 130. Participation of non-Federal interests. Sec. 131. Indian tribes. Sec. 132. Dissemination of information on the annual report process. Sec. 133. Scope of projects. Sec. 134. Preliminary feasibility study activities. Sec. 135. Post-authorization change reports. Sec. 136. Maintenance dredging data. Sec. 137. Electronic submission and tracking of permit applications. Sec. 138. Data transparency. Sec. 139. Backlog prevention. Sec. 140. Quality control. Sec. 141. Budget development and prioritization. Sec. 142. Use of natural and nature-based features. Sec. 143. Annual report on purchase of foreign manufactured articles. Sec. 144. Integrated water resources planning. Sec. 145. Evaluation of project partnership agreements. Sec. 146. Additional measures at donor ports and energy transfer ports. Sec. 147. Arctic deep draft port development partnerships. Sec. 148. International outreach program. Sec. 149. Comprehensive study. Sec. 150. Alternative models for managing Inland Waterways Trust Fund. Sec. 151. Alternative projects to maintenance dredging. Sec. 152. Fish hatcheries. Sec. 153. Environmental banks. Title II—Studies Sec. 201. Authorization of proposed feasibility studies. Sec. 202. Expedited completion of reports for certain projects. Title III—Deauthorizations and Related Provisions Sec. 301. Deauthorization of inactive projects. Sec. 302. Valdez, Alaska. Sec. 303. Los Angeles County Drainage Area, Los Angeles County, California. Sec. 304. Sutter Basin, California. Sec. 305. Essex River, Massachusetts. Sec. 306. Port of Cascade Locks, Oregon. Sec. 307. Central Delaware River, Philadelphia, Pennsylvania. Sec. 308. Huntingdon County, Pennsylvania. Sec. 309. Rivercenter, Philadelphia, Pennsylvania. Sec. 310. Joe Pool Lake, Texas. Sec. 311. Salt Creek, Graham, Texas. Sec. 312. Texas City Ship Channel, Texas City, Texas. Title IV—Water Resources Infrastructure Sec. 401. Project authorizations. 2. Secretary defined In this Act, the term Secretary I General Provisions 101. Sense of Congress regarding Water Resources Development Acts (a) Findings Congress finds the following: (1) The Corps of Engineers constructs projects for the purposes of navigation, flood control, beach erosion control and shoreline protection, hydroelectric power, recreation, water supply, environmental protection, restoration, and enhancement, and fish and wildlife mitigation. (2) The Corps of Engineers is the primary Federal provider of outdoor recreation in the United States. (3) The Corps of Engineers owns and operates more than 600 dams. (4) The Corps of Engineers operates and maintains 12,000 miles of commercial inland navigation channels. (5) The Corps of Engineers manages the dredging of more than 200,000,000 cubic yards of construction and maintenance dredge material annually. (6) The Corps of Engineers maintains 926 coastal, Great Lakes, and inland harbors. (7) The Corps of Engineers restores, creates, enhances, or preserves tens of thousands of acres of wetlands annually under the Corps’ Regulatory Program. (8) The Corps of Engineers provides a total water supply storage capacity of 329,200,000 acre-feet in major Corps lakes. (9) The Corps of Engineers owns and operates 24 percent of United States hydropower capacity or 3 percent of the total electric capacity of the United States. (10) The Corps of Engineers supports Army and Air Force installations. (11) The Corps of Engineers provides technical and construction support to more than 100 countries. (12) The Corps of Engineers manages an Army military construction program that carried out approximately $44,600,000,000 in construction projects (the largest construction effort since World War II) between 2006 and 2013. (13) The Corps of Engineers researches and develops technologies to protect the environment and enhance quality of life in the United States. (14) The legislation for authorizing Corps of Engineers projects is the Water Resources Development Act and, between 1986 and 2000, Congress typically enacted an authorization bill every 2 years. (15) Since 2000, only 3 Water Resources Development Acts have been enacted. (16) In 2014, the Water Resources Reform and Development Act of 2014 was enacted, which accelerated the infrastructure project delivery process, fostered fiscal responsibility, and strengthened water transportation networks to promote the competitiveness, prosperity, and economic growth of the United States. (17) Section 1001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c (18) Section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (19) Passing Water Resources Development Acts on a routine basis enables Congress to exercise oversight, ensures the Corps of Engineers maintains an appropriately sized portfolio, prevents project backlog, and keeps United States infrastructure competitive. (b) Sense of Congress It is the sense of Congress that— (1) the missions and authorities of the Corps of Engineers are a unique function that benefits all Americans; (2) water resources development projects are critical to maintaining economic prosperity, national security, and environmental protection; (3) Congress has required timely delivery of project and study authorization proposals from non-Federal project sponsors and the Corps of Engineers; and (4) Congress should consider a Water Resources Development Act at least once every Congress. 102. Training and employment for veterans and members of Armed Forces in curation and historic preservation Using available funds, the Secretary, acting through the Chief of Engineers, shall carry out a Veterans' Curation Program to train and hire veterans and members of the Armed Forces to assist the Secretary in carrying out curation and historic preservation activities. 103. Youth service and conservation corps organizations Section 213 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2339 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Youth service and conservation corps organizations The Secretary shall, to the maximum extent practicable, enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations. . 104. Navigation safety The Secretary shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562 33 U.S.C. 2232(f) 105. Emerging harbors Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 (1) in subsection (c)(3) by striking for each of fiscal years 2015 through 2022 for each fiscal year (2) in subsection (d)(1)(A)— (A) in the matter preceding clause (i) by striking For each of fiscal years 2015 through 2024 For each fiscal year (B) in clause (i) by striking 90 Not more than 90 (C) in clause (ii) by striking 10 At least 10 106. Federal breakwaters and jetties (a) In general The Secretary shall, at Federal expense, establish an inventory and conduct an assessment of the general structural condition of all Federal breakwaters and jetties protecting harbors and inland harbors within the United States. (b) Contents The inventory and assessment carried out under subsection (a) shall include— (1) compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within the United States; (2) determining the general structural condition of each breakwater and jetty; (3) analyzing the potential risks to navigational safety, and the impact on the periodic maintenance dredging needs of protected harbors and inland harbors, resulting from the general structural condition of each breakwater and jetty; and (4) estimating the costs, for each breakwater and jetty, to restore or maintain the breakwater or jetty to authorized levels and the total of all such costs. (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the inventory and assessment carried out under subsection (a). 107. Donor ports and energy transfer ports Section 2106(a)(2)(B) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c(a)(2)(B) $15,000,000 $5,000,000 108. Use of Harbor Maintenance Trust Fund to support navigation (a) Availability of amounts Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 (1) in the section heading by striking Authorization of appropriations Funding for harbor navigation (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and (3) by inserting after subsection (b) the following: (c) Use of collected funds in fiscal year 2027 and thereafter (1) Use of funds In addition to the amounts appropriated under subsections (a) and (b), there shall be available to the Secretary, out of the Harbor Maintenance Trust Fund, without further appropriation, for fiscal year 2027 and each fiscal year thereafter, such sums as may be necessary to carry out the purposes of subsection (a)(2). (2) Availability of amounts Amounts made available under this subsection shall remain available until expended. . (b) Conforming amendments Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 (1) in subsection (d)(2)(A)(i) (as redesignated by subsection (a)(2) of this section) by striking subsection (e) subsection (f) (2) in subsection (e)(3)(B)(i) (as redesignated by subsection (a)(2) of this section) by striking subsection (c)(2)(A) subsection (d)(2)(A) (3) in subsection (f)(2)(A)(ii) (as redesignated by subsection (a)(2) of this section) by striking subsection (d)(2) subsection (e)(2) 109. Remote and subsistence harbors Section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 (1) in subsection (a)(3) by inserting in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, community (2) in subsection (b)— (A) in paragraph (1) by inserting and communities that are located in the region to be served by the project and that will rely on the project community (B) in paragraph (4) by striking local population regional population to be served by the project (C) in paragraph (5) by striking community local community and communities that are located in the region to be served by the project and that will rely on the project 110. Beneficial use of dredged material (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program to carry out projects for the beneficial use of dredged material, including projects for the purposes of— (1) reducing storm damage to property and infrastructure; (2) promoting public safety; (3) protecting, restoring, and creating aquatic ecosystem habitats; (4) stabilizing stream systems and enhancing shorelines; (5) promoting recreation; and (6) supporting risk management adaptation strategies. (b) Project selection In carrying out the pilot program, the Secretary shall— (1) identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material; (2) consult with relevant State agencies in selecting projects; and (3) select projects solely on the basis of— (A) the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and (B) the need for a diversity of project types and geographical project locations. (c) Regional beneficial use teams (1) In general In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program. (2) Composition (A) Leadership For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team. (B) Membership The membership of each regional beneficial use team shall include— (i) representatives of relevant Corps of Engineers districts and divisions; (ii) representatives of relevant State and local agencies; and (iii) representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section. (d) Considerations The Secretary shall carry out the pilot program in a manner that— (1) maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels; (2) incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects; (3) coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations; (4) fosters Federal, State, and local collaboration; (5) implements best practices to maximize the beneficial use of dredged sand and other sediments; and (6) ensures that the use of dredged material is consistent with all applicable environmental laws. (e) Cost sharing Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (f) Report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of the projects selected to be carried out under the pilot program; (2) documentation supporting each of the projects selected; (3) the findings of regional beneficial use teams regarding project selection; and (4) any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program. (g) Termination The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1). (h) Exemption from other standards The projects carried out under this section shall be carried out notwithstanding the definition of the term Federal standard (i) Clarification Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking 3 6 111. Reservoir sediment (a) In general Section 215 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2326c 215. Reservoir sediment (a) In general Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016 and after providing public notice, the Secretary shall establish, using available funds, a pilot program to accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned. (b) Requirements In carrying out this section, the Secretary shall— (1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned; (2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; (3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality; and (4) limit the number of dams for which services are accepted to 10. (c) Limitation (1) In general The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States. (2) Report to Congress If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination. (d) Disposition of removed sediment In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment. (e) Congressional notification Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services. (f) Report to Congress Upon completion of services at the 10 dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report documenting the results of the services. . (b) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking the item relating to section 215 and inserting the following: Sec. 215. Reservoir sediment. . 112. Contributed funds for reservoir operations Section 5 of the Act of June 22, 1936 (49 Stat. 1572, chapter 688; 33 U.S.C. 701h authorized purposes of the project: Provided further, 33 U.S.C. 709 113. Water supply conservation (a) In general In a State in which a drought emergency has been declared or was in effect during the 1-year period ending on the date of enactment of this Act, the Secretary is authorized— (1) to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and (2) to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b (b) Eligibility Water supply conservation measures evaluated under subsection (a) may include the following: (1) Storm water capture. (2) Releases for ground water replenishment or aquifer storage and recovery. (3) Releases to augment water supply at another Federal or non-Federal storage facility. (4) Other conservation measures that enhance usage of a Corps of Engineers project for water supply. (c) Costs A non-Federal interest shall pay only the separable costs associated with the evaluation, implementation, operation, and maintenance of an approved water supply conservation measure, which payments may be accepted and expended by the Corps of Engineers to cover such costs. (d) Statutory construction Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for— (1) water supply storage pursuant to section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b (2) surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708 (e) Limitations Nothing in this section— (1) affects, modifies, or changes the authorized purposes of a Corps of Engineers project; (2) affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration; (3) affects the Corps of Engineers ability to provide for temporary deviations; (4) affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 (5) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; (6) supersedes or modifies any amendment to an existing multistate water control plan, including those water control plans along the Missouri River and those water control plans in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa basins; (7) affects any water right in existence on the date of enactment of this Act; or (8) preempts or affects any State water law or interstate compact governing water. 114. Interstate compacts Section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b 115. Nonstructural alternatives Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)(1) if requested after consultation with the non-Federal sponsor and if requested and agreed to 116. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects (a) Non-Federal obligations Notwithstanding section 103(j) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(j) 33 U.S.C. 2330 33 U.S.C. 2309a (1) the 50-year period that began on the date on which project construction was completed has concluded; or (2) the criteria identified in the guidance issued under subsection (c) have been met with respect to the project. (b) Federal obligations The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (a). (c) Guidance In consultation with non-Federal interests, and not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance that identifies criteria for determining, using the best available science, when the purpose of a project for environmental protection and restoration or aquatic ecosystem restoration has been achieved, including criteria for determining when a project has resulted in the return of the project location to a condition where natural hydrologic and ecological functions are the predominant factors in the condition, functionality, and durability of the location. 117. Estuary restoration (a) Participation of non-Federal interests Section 104(f) of the Estuary Restoration Act of 2000 ( 33 U.S.C. 2903(f) (3) Project agreements For a project carried out under this title, the requirements of section 103(j)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(j)(1) . (b) Extension Section 109(a) of the Estuary Restoration Act of 2000 ( 33 U.S.C. 2908(a) 2012 2021 118. Great Lakes fishery and ecosystem restoration Section 506(g) of the Water Resources Development Act of 2000 ( 42 U.S.C. 1962d–22(g) 119. Agreements Section 2036(c) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2317b 120. Corps of Engineers operation of unmanned aircraft systems (a) In general The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers— (1) operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 (2) acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems. (b) Requirements A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system. (c) Limitation A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a). 121. Federal dredge fleet (a) Study The Comptroller General of the United States shall conduct a study on the costs and benefits of expanding, reducing, or maintaining the current configuration with respect to the size and makeup of the federally owned hopper dredge fleet. (b) Factors In carrying out the study, the Comptroller General shall evaluate— (1) the current and anticipated configuration and capacity of the Federal and private hopper dredge fleet; (2) the current and anticipated trends for the volume and type of dredge work required over the next 10 years, and the alignment of the size of the existing Federal and private hopper dredge fleet with future dredging needs; (3) available historic data on the costs, efficiency, and time required to initiate and complete dredging work carried out by Federal and private hopper dredge fleets, respectively; (4) whether the requirements of section 3 of the Act of August 11, 1888 (25 Stat. 423, chapter 860; 33 U.S.C. 622 (5) other factors that the Comptroller General determines are necessary to evaluate whether it is economical and advantageous to the United States to expand, reduce, or maintain the current configuration of the federally owned hopper dredge fleet. (c) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 122. Corps of Engineers assets Section 6002 of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 (1) in subsection (a) by striking the date of enactment of this Act the date of enactment of the Water Resources Development Act of 2016 (2) in subsection (b) by adding at the end the following: (6) The extent to which the property has economic, cultural, historic, or recreational significance, or impacts at the national, State, or local level. . 123. Funding to process permits Section 214(a) of the Water Resources Development Act of 2000 ( 33 U.S.C. 2352(a) (1) in paragraph (1) by adding at the end the following: (C) Railroad carrier The term railroad carrier ; (2) in paragraph (2)— (A) by striking or natural gas company , natural gas company, or railroad carrier (B) by striking or company , company, or carrier (3) by striking paragraph (3); (4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (5) in paragraph (4) (as so redesignated) by striking and natural gas companies , natural gas companies, and railroad carriers 124. Credit in lieu of reimbursement Section 1022 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2225 (1) in subsection (a) by striking that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b-13 for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 (2) in subsection (b) by striking share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest 125. Clarification of contributions during emergency events Section 1024(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2325a(a) emergency , or that has had or may have an equipment failure (including a failure caused by a lack of or deferred maintenance), 126. Study of water resources development projects by non-Federal interests Section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 (e) Technical assistance At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance. . 127. Non-Federal construction of authorized flood damage reduction projects Section 204(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(d) (5) Discrete segments (A) In general The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if— (i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and (ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. (B) Determination Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that— (i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and (ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i). (C) Written agreement (i) In general As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall— (I) identify any discrete segment that the non-Federal interest may carry out; and (II) agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. (ii) Remittance If a non-Federal interest fails to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. (D) Discrete segment defined In this paragraph, the term discrete segment (i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof. . 128. Multistate activities Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 (1) in subsection (a)(1)— (A) by striking or other non-Federal interest , group of States, or non-Federal interest (B) by inserting or group of States working with a State (C) by inserting or group of States boundaries of such State (2) in subsection (c)(1) by adding at the end the following: The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1). 129. Regional participation assurance for levee safety activities (a) National levee safety program Section 9002 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301 (1) in paragraph (11) by striking State or Indian tribe State, regional district, or Indian tribe (2) by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and (3) by inserting after paragraph (11) the following: (12) Regional district The term regional district . (b) Inventory and inspection of levees Section 9004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303 (1) in subsection (a)— (A) in paragraph (1) by striking one year after the date of enactment of this Act 1 year after the date of enactment of the Water Resources Development Act of 2016 (B) in paragraph (2)(A) by striking States, Indian tribes, Federal agencies, and other entities States, regional districts, Indian tribes, Federal agencies, and other entities (C) in paragraph (3)— (i) in the heading for subparagraph (A) by striking federal, State, and local federal, State, regional, tribal, and local (ii) in subparagraph (A) by striking Federal, State, and local Federal, State, regional, tribal, and local (2) in subsection (c)— (A) in paragraph (4)— (i) in the paragraph heading by striking State and tribal State, regional, and tribal (ii) by striking State or Indian tribe State, regional district, or Indian tribe (B) in paragraph (5)— (i) by striking State or Indian tribe State, regional district, or Indian tribe (ii) by striking chief executive of the tribal government chief executive of the regional district or tribal government (c) Levee safety initiative Section 9005 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303a (1) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking 1 year after the date of enactment of this subsection 1 year after the date of enactment of the Water Resources Development Act of 2016 (II) by striking State, local, and tribal governments and organizations State, regional, local, and tribal governments and organizations (ii) in subparagraph (A) by striking Federal, State, tribal, and local agencies Federal, State, regional, local, and tribal agencies (B) in paragraph (3)— (i) in subparagraph (A) by striking State, local, and tribal governments State, regional, local, and tribal governments (ii) in subparagraph (B) by inserting , regional, or tribal State (C) in paragraph (5)(A) by striking States, non-Federal interests, and other appropriate stakeholders States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders (2) in subsection (e)(1) in the matter preceding subparagraph (A) by striking States, communities, and levee owners States, regional districts, Indian tribes, communities, and levee owners (3) in subsection (g)— (A) in the subsection heading by striking State and Tribal State, Regional, and Tribal (B) in paragraph (1)— (i) in subparagraph (A)— (I) by striking 1 year after the date of enactment of this subsection 1 year after the date of enactment of the Water Resources Development Act of 2016 (II) by striking State or tribal State, regional, or tribal (ii) in subparagraph (B)— (I) by striking State and Indian tribe State, regional district, and Indian tribe (II) by striking State or Indian tribe State, regional district, or Indian tribe (C) in paragraph (2)— (i) in the paragraph heading by striking states states, Regional Districts, and Indian Tribes (ii) in subparagraph (A) by striking States and Indian tribes States, regional districts, and Indian tribes (iii) in subparagraph (B)— (I) in the matter preceding clause (i) by striking State or Indian tribe State, regional district, or Indian tribe (II) in clause (ii) by striking levees within the State levees within the State or regional district (III) in clause (iii) by striking State or Indian tribe State, regional district, or Indian tribe (iv) in subparagraph (C)(ii) in the matter preceding subclause (I) by striking State or tribal State, regional, or tribal (v) in subparagraph (E)— (I) by striking States and Indian tribes States, regional districts, and Indian tribes (II) in clause (ii)(II)— (aa) in the matter preceding item (aa) by striking State or Indian tribe State, regional district, or Indian tribe (bb) in item (aa) by striking miles of levees in the State miles of levees in the State or regional district (cc) in item (bb) by striking miles of levees in all States miles of levees in all States and regional districts (III) in clause (iii)— (aa) by striking State or Indian tribe State, regional district, or Indian tribe (bb) by striking State or tribal State, regional, or tribal (4) in subsection (h)— (A) in paragraph (1) by striking States, Indian tribes, and local governments States, regional districts, Indian tribes, and local governments (B) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking State, Indian tribe, or local government State, regional district, Indian tribe, or local government (ii) in subparagraph (E) in the matter preceding clause (i) by striking State or tribal State, regional, or tribal (C) in paragraph (3)— (i) in subparagraph (A) by striking State, Indian tribe, or local government State, regional district, Indian tribe, or local government (ii) in subparagraph (D) by striking 180 days after the date of enactment of this subsection 180 days after the date of enactment of the Water Resources Development Act of 2016 (D) in paragraph (4)(A)(i) by striking State or tribal State, regional, or tribal (d) Reports Section 9006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303b (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A) by striking 1 year after the date of enactment of this subsection 1 year after the date of enactment of the Water Resources Development Act of 2016 (B) in subparagraph (B) by striking State and tribal State, regional, and tribal (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking 2 years after the date of enactment of this subsection 2 years after the date of enactment of the Water Resources Development Act of 2016 (ii) by striking State, tribal, and local State, regional, tribal, and local (B) in paragraph (2) by striking State and tribal State, regional, and tribal (C) in paragraph (4) by striking State and local State, regional, tribal, and local (3) in subsection (d)— (A) in the matter preceding paragraph (1) by striking 1 year after the date of enactment of this subsection 1 year after the date of enactment of the Water Resources Development Act of 2016 (B) in paragraph (2) by striking State or tribal State, regional, or tribal 130. Participation of non-Federal interests Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting and, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 Indian tribe 131. Indian tribes Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 (1) in the section heading by inserting and Indian tribes territories (2) in subsection (a)— (A) by striking projects in American projects— (1) in American ; (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (2) for a federally recognized Indian tribe. . 132. Dissemination of information on the annual report process (a) Findings Congress finds the following: (1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States. (2) The Water Resources Reform and Development Act of 2014 ( Public Law 113–121 (3) Section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and (B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under section 7001. (4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation. (5) To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress. (b) Dissemination of process information The Secretary shall develop, support, and implement education and awareness efforts for non-Federal interests with respect to the annual Report to Congress on Future Water Resources Development required under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (1) develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests; (2) provide written notice to previous and potential non-Federal interests and local elected officials on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers; (3) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of section 7001; and (4) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents. 133. Scope of projects Section 7001(f) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d(f) (5) Water resources development project The term water resources development project . 134. Preliminary feasibility study activities At the request of a non-Federal interest with respect to a proposed water resources development project, the Secretary shall meet with the non-Federal interest, prior to initiating a feasibility study relating to the proposed project, to review a preliminary analysis of the Federal interest in the proposed project and the costs, benefits, and environmental impacts of the proposed project, including an estimate of the costs of preparing a feasibility report. 135. Post-authorization change reports (a) In general The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project— (1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and (2) shall be submitted, upon completion, to— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Completion review With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report— (1) review the report; and (2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project. (c) Prior reports Not later than 120 days after the date of enactment of this Act, with respect to any post-authorization change report that was completed prior to the date of enactment of this Act and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report. (d) Post-Authorization change report inclusions In this section, the term post-authorization change report (1) a general reevaluation report; (2) a limited reevaluation report; and (3) any other report that recommends the modification of an authorized water resources development project. 136. Maintenance dredging data (a) In general The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels. (b) Scope The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, data on— (1) the volume of dredged material removed; (2) the initial cost estimate of the Corps of Engineers; (3) the total cost; (4) the party and vessel carrying out the work; and (5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award. 137. Electronic submission and tracking of permit applications (a) In general Section 2040 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2345 2040. Electronic submission and tracking of permit applications (a) Development of electronic system (1) In general The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary. (2) Inclusion The electronic system required under paragraph (1) shall address— (A) applications for standard individual permits; (B) applications for letters of permission; (C) joint applications with States for State and Federal permits; (D) applications for emergency permits; (E) applications or requests for jurisdictional determinations; and (F) preconstruction notification submissions, when required for a nationwide or other general permit. (3) Improving existing data systems The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable. (4) Protection of information The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law. (b) System requirements The electronic system required under subsection (a) shall— (1) enable an applicant or requester to prepare electronically an application for a permit or request; (2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request; (3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request; (4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and (5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will— (A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request; (B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and (C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface. (c) Documentation All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary. (d) Record of determinations (1) In general The Secretary shall maintain, for a minimum of 5 years, a record of all permit decisions and jurisdictional determinations made by the Secretary, including documentation supporting the basis of the decisions and determinations. (2) Archiving of information The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1). (e) Availability of determinations (1) In general The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction. (2) Protection of information The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure. (f) Deadline for electronic system implementation (1) In general The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after the date of enactment of the Water Resources Development Act of 2016. (2) Report on electronic system implementation Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section. (g) Applicability The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016. (h) Limitation This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination. . (b) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2040 and inserting the following: Sec. 2040. Electronic submission and tracking of permit applications. . 138. Data transparency Section 2017 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2342 2017. Access to water resource data (a) In general Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on— (1) the planning, design, construction, operation, and maintenance of water resources development projects; and (2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers. (b) Limitation Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law. (c) Timing The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers. (d) Partnerships In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies. . 139. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless funds have been obligated for construction of such project during that period. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make available to the public, a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; (3) a schedule for the completion of the projects based on expected levels of appropriations; and (4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog. 140. Quality control (a) In general Paragraph (a) of the first section of the Act of December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701–1(a) and shall be made publicly available (b) Project administration Section 2041(b)(1) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2346(b)(1) final post-authorization change report, final reevaluation report, 141. Budget development and prioritization (a) In general In conjunction with the President's budget submission to Congress with respect to fiscal year 2018 under section 1105(a) of title 31, United States Code, and biennially thereafter in conjunction with the President’s budget submission, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that describes— (1) the metrics used in developing the civil works budget for the applicable fiscal year; (2) the metrics used in developing each business line in the civil works budget; and (3) how projects are prioritized in the applicable budget submission, including how the Secretary determines those projects for which construction initiation is recommended. (b) Notification (1) Requirement If the Secretary proposes a covered revised budget estimate, the Secretary shall notify, in writing, each Member of Congress representing a congressional district affected by the study, project, or activity subject to the revised estimate. (2) Covered revised budget estimate defined In this subsection, the term covered revised budget estimate 142. Use of natural and nature-based features (a) Report Not later than February 1, 2017, and biennially thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the use of natural and nature-based features in water resources development projects, including flood risk reduction, coastal resiliency, and ecosystem restoration projects. (b) Contents The report shall include, at a minimum, the following: (1) An assessment of the observed and potential impacts of the use of natural and nature-based features on the cost and effectiveness of water resources development projects and any co-benefits resulting from the use of such features. (2) A description of any statutory, fiscal, or regulatory barrier to the appropriate consideration and use of natural and nature-based features in carrying out water resources development projects. 143. Annual report on purchase of foreign manufactured articles Section 213(a) of the Water Resources Development Act of 1992 ( Public Law 102–580 (4) Annual report on purchase of foreign manufactured articles (A) In general Not later than 90 days after the last day of each fiscal year, the Secretary shall submit to Congress a report on the amount of acquisitions in such fiscal year made by the Corps of Engineers for civil works projects from entities that manufactured the articles, materials, or supplies outside of the United States. (B) Contents The report required under subparagraph (A) shall indicate, for each acquisition— (i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; and (ii) a summary of the total procurement funds spent on goods manufactured in the United States and the total procurement funds spent on goods manufactured outside of the United States. (C) Public availability Not later than 30 days after the submission of a report under subparagraph (A), the Secretary shall make such report publicly available on the agency’s Web site. . 144. Integrated water resources planning In carrying out a feasibility study for a water resources development project, the Secretary shall coordinate with communities in the watershed covered by such study to determine if a local or regional water management plan exists or is under development for the purposes of stormwater management, water quality improvement, aquifer recharge, or water reuse. If such a local or regional water management plan exists for the watershed, the Secretary shall, in cooperation with the non-Federal sponsor for the plan and affected local public entities, avoid adversely affecting the purposes of the plan and, where feasible, incorporate the purposes of the plan into the Secretary’s feasibility study. 145. Evaluation of project partnership agreements To the maximum extent practicable, the Secretary shall prioritize and complete the activities required of the Secretary under section 1013 of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 146. Additional measures at donor ports and energy transfer ports Section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c (1) in subsection (a)(4)(A) by striking Code of Federal Regulation Code of Federal Regulations (2) in subsection (f)— (A) in paragraph (1) by striking 2018 2020 (B) in paragraph (3)— (i) by striking 2015 through 2018 2016 through 2020 (ii) by striking 2019 through 2022 2021 through 2025 147. Arctic deep draft port development partnerships Section 2105 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2243 (1) by striking ( 25 U.S.C. 450b ( 25 U.S.C. 450b 43 U.S.C. 1602 (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: (d) Consideration of national security interests In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary shall consult with the Secretary of Homeland Security and the Secretary of Defense to identify national security benefits associated with the Arctic deep draft port. . 148. International outreach program Section 401(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2329(a) (a) Authorization (1) In general The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States. (2) Inclusions Activities under paragraph (1) may include— (A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States; (B) research, development, training, and other forms of technology transfer and exchange; and (C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project. . 149. Comprehensive study (a) In general The Secretary shall conduct a comprehensive study on the flood risks for vulnerable coastal populations in areas within the boundaries of the South Atlantic Division of the Corps of Engineers. (b) Inclusions In carrying out the study, the Secretary shall identify— (1) activities that warrant additional analysis by the Corps of Engineers; and (2) institutional and other barriers to providing protection to the vulnerable coastal populations. (c) Coordination The Secretary shall conduct the study in coordination with appropriate Federal agencies and State, local, and tribal entities to ensure consistency with related plans. (d) Authorization of appropriations There is authorized to be appropriated $6,000,000 to carry out this section. 150. Alternative models for managing Inland Waterways Trust Fund (a) Study The Comptroller General of the United States shall conduct a study to analyze alternative models for managing the Inland Waterways Trust Fund, including the management of— (1) project schedules for projects receiving assistance from the fund; and (2) expenditures from the fund. (b) Contents In conducting the study, the Comptroller General shall examine, at a minimum, the costs and benefits of transferring management of the fund to a not-for-profit corporation or government-owned corporation. (c) Considerations In assessing costs and benefits under subsection (b), the Comptroller General shall consider, among other factors— (1) the benefits to the taxpayer; (2) the impact on project delivery; and (3) the impact on jobs. (d) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 151. Alternative projects to maintenance dredging The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a channel if the alternative project would lower the overall costs of maintaining the channel. 152. Fish hatcheries (a) In general Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (b) Costs A non-Federal entity, a Federal agency other than the Department of Defense, or a group of non-Federal entities or such Federal agencies shall be responsible for 100 percent of the costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of the date of enactment of this Act for the fish hatchery. 153. Environmental banks (a) Establishment Not later than 180 days after the date of enactment of this Act, the Chairperson of the Gulf Coast Ecosystem Restoration Council, with the concurrence of two-thirds of the Council, shall issue such regulations as are necessary for the establishment of procedures and processes for the use, maintenance, and oversight of environmental banks for purposes of mitigating adverse environmental impacts sustained by construction or other activities as required by law or regulation. (b) Requirements The regulations issued pursuant to subsection (a) shall— (1) set forth procedures for certification of environmental banks, including criteria for adoption of an environmental banking instrument; (2) provide a mechanism for the transfer of environmental credits; (3) provide for priority certification to environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion, including the restoration of resources within the scope of a project authorized for construction; (4) ensure certification is given only to banks with secured adequate financial assurance and appropriate legally enforceable protection for restored lands or resources; (5) stipulate conditions under which cross-crediting of environmental services may occur and provide standards for the conversion of such crediting; (6) establish performance criteria for environmental banks; (7) establish criteria for the operation and monitoring of environmental banks; and (8) establish a framework whereby the purchase of credit from an environmental bank may be used to offset or satisfy past, current, or future adverse environmental impacts or liability under law to wetlands, water, wildlife, or other natural resources. (c) Consideration In developing the regulations required under subsection (a), the Chairperson shall take into consideration habitat equivalency analysis. (d) Modifications The Chairperson may modify or update the regulations issued pursuant to this section, subject to appropriate consultation and public participation, provided that two-thirds of the Gulf Coast Ecosystem Restoration Council approves the modification or update. (e) Definition of environmental bank In this section, the term environmental bank (f) Savings clause Nothing in this section— (1) affects the requirements of section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 (2) affects the obligations or requirements of any Federal environmental law. II Studies 201. Authorization of proposed feasibility studies The Secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development 33 U.S.C. 2282d (1) Ouachita-Black Rivers, Arkansas and Louisiana Project for navigation, Ouachita-Black Rivers, Arkansas and Louisiana. (2) Cache Creek Settling Basin, California Project for flood damage reduction and ecosystem restoration, Cache Creek Settling Basin, California. (3) Coyote Valley Dam, California Project for flood damage reduction, environmental restoration, and water supply, Coyote Valley Dam, California. (4) Del Rosa Channel, city of San Bernardino, California Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California. (5) Merced County Streams, California Project for flood damage reduction, Merced County Streams, California. (6) Mission-Zanja Channel, cities of San Bernardino and Redlands, California Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and Redlands, California. (7) Soboba Indian Reservation, California Project for flood damage reduction, Soboba Indian Reservation, California. (8) Indian River Inlet, Delaware Project for hurricane and storm damage reduction, Indian River Inlet, Delaware. (9) Lewes Beach, Delaware Project for hurricane and storm damage reduction, Lewes Beach, Delaware. (10) Mispillion Complex, Kent and Sussex Counties, Delaware Project for hurricane and storm damage reduction, Mispillion Complex, Kent and Sussex Counties, Delaware. (11) Daytona Beach, Florida Project for flood damage reduction, Daytona Beach, Florida. (12) Brunswick Harbor, Georgia Project for navigation, Brunswick Harbor, Georgia. (13) Dubuque, Iowa Project for flood damage reduction, Dubuque, Iowa. (14) St. Tammany Parish, Louisiana Project for flood damage reduction and ecosystem restoration, St. Tammany Parish, Louisiana. (15) Cattaraugus Creek, New York Project for flood damage reduction, Cattaraugus Creek, New York. (16) Cayuga Inlet, Ithaca, New York Project for navigation and flood damage reduction, Cayuga Inlet, Ithaca, New York. (17) Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware Projects for flood control, Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, authorized by section 408 of the Act of July 24, 1946 (60 Stat. 644, chapter 596), and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), to review operations of the projects to enhance opportunities for ecosystem restoration and water supply. (18) Silver Creek, Hanover, New York Project for flood damage reduction and ecosystem restoration, Silver Creek, Hanover, New York. (19) Tulsa and West Tulsa Levees, Tulsa, Oklahoma Project for flood damage reduction, Tulsa and West Tulsa Levees, Tulsa, Oklahoma. (20) Stonycreek and Little Conemaugh Rivers, Pennsylvania Project for flood damage reduction and recreation, Stonycreek and Little Conemaugh Rivers, Pennsylvania. (21) Tioga-Hammond Lake, Pennsylvania Project for ecosystem restoration, Tioga-Hammond Lake, Pennsylvania. (22) Brazos River, Fort Bend County, Texas Project for flood damage reduction in the vicinity of the Brazos River, Fort Bend County, Texas. (23) Chacon Creek, city of Laredo, Texas Project for flood damage reduction, ecosystem restoration, and recreation, Chacon Creek, city of Laredo, Texas. (24) Corpus Christi Ship Channel, Texas Project for navigation, Corpus Christi Ship Channel, Texas. (25) City of El Paso, Texas Project for flood damage reduction, city of El Paso, Texas. (26) Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas Project for navigation and hurricane and storm damage reduction, Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas. (27) Port of Bay City, Texas Project for navigation, Port of Bay City, Texas. (28) Chincoteague Island, Virginia Project for hurricane and storm damage reduction, navigation, and ecosystem restoration, Chincoteague Island, Virginia. (29) Burley Creek Watershed, Kitsap County, Washington Project for flood damage reduction and ecosystem restoration, Burley Creek Watershed, Kitsap County, Washington. 202. Expedited completion of reports for certain projects (a) Feasibility reports The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project: (1) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona. (2) Project for flood risk management, Lower San Joaquin River, California. In carrying out the feasibility study for the project, the Secretary shall include Reclamation District 17 as part of the study. (3) Project for flood risk management and ecosystem restoration, Sacramento River Flood Control System, California. (4) Project for hurricane and storm damage risk reduction, Ft. Pierce, Florida. (5) Project for flood risk management, Des Moines and Raccoon Rivers, Iowa. (6) Project for navigation, Mississippi River Ship Channel, Louisiana. (7) Project for flood risk management, North Branch Ecorse Creek, Wayne County, Michigan. (8) Project for flood risk management, Rahway River Basin (Upper Basin), New Jersey. (9) Project for navigation, Upper Ohio River, Pennsylvania. (b) Post-Authorization change reports The Secretary shall expedite completion of a post-authorization change report for each of the following projects: (1) Project for flood risk management, Swope Park Industrial Area, Kansas City, Missouri. (2) Project for hurricane and storm damage risk reduction, New Hanover County, North Carolina. III Deauthorizations and Related Provisions 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $5,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process for Congress to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Interim deauthorization list (1) In general The Secretary shall develop an interim deauthorization list that identifies— (A) each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which— (i) planning, design, or construction was not initiated before the date of enactment of this Act; or (ii) planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 6 preceding fiscal years; and (B) each project or separable element identified and included on a list to Congress for deauthorization pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 579a(b)(2) (2) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1). (B) Comment period The public comment period shall be 90 days. (3) Submission to congress; publication Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall— (A) submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the revised interim deauthorization list in the Federal Register. (c) Final deauthorization list (1) In general The Secretary shall develop a final deauthorization list of water resources development projects, or separable elements of projects, from the revised interim deauthorization list described in subsection (b)(3). (2) Deauthorization amount (A) Proposed final list The Secretary shall prepare a proposed final deauthorization list of projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $5,000,000,000. (B) Determination of Federal cost to complete For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (3) Identification of projects (A) Sequencing of projects (i) In general The Secretary shall identify projects and separable elements of projects for inclusion on the proposed final deauthorization list according to the order in which the projects and separable elements of the projects were authorized, beginning with the earliest authorized projects and separable elements of projects and ending with the latest project or separable element of a project necessary to meet the aggregate amount under paragraph (2). (ii) Factors to consider The Secretary may identify projects and separable elements of projects in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment. (iii) Consideration of public comments In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(3). (B) Appendix The Secretary shall include as part of the proposed final deauthorization list an appendix that— (i) identifies each project or separable element of a project on the interim deauthorization list developed under subsection (b) that is not included on the proposed final deauthorization list; and (ii) describes the reasons why the project or separable element is not included on the proposed final list. (4) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and the Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs (2) and (3). (B) Comment period The public comment period shall be 90 days. (5) Submission of final list to Congress; publication Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall— (A) submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register. (d) Deauthorization; congressional review (1) In general After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a project or separable element of a project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period. (2) Non-Federal contributions (A) In general A project or separable element of a project identified in the final deauthorization list under subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project. (B) Treatment of projects Notwithstanding subparagraph (A), each project and separable element of a project identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection (c)(2). (3) Projects identified in appendix A project or separable element of a project identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress. (e) Special rule for projects receiving funds for post-Authorization study A project or separable element of a project may not be identified on the interim deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 6 preceding fiscal years. (f) General provisions (1) Definitions In this section, the following definitions apply: (A) Post-authorization study The term post-authorization study (i) a feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 (ii) a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) (iii) a review conducted under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a (I) demonstrates a Federal interest; and (II) requires additional analysis for the project or separable element. (B) Water resources development project The term water resources development project (2) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Valdez, Alaska (a) In general Subject to subsection (b), the portion of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigational servitude beginning on the date of enactment of this Act. (b) Entry by Federal government The Federal Government may enter upon the property referred to in subsection (a) to carry out any required operation and maintenance of the general navigation features of the project referred to in subsection (a). 303. Los Angeles County Drainage Area, Los Angeles County, California (a) In general The Secretary shall— (1) prioritize the updating of the Water Control Manuals for control structures in the Los Angeles County Drainage Area, Los Angeles County, California, authorized by section 101(b) of the Water Resources Development Act of 1990 ( Public Law 101–640 (2) integrate and incorporate into the project seasonal operations for water conservation and water supply. (b) Participation The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public. 304. Sutter Basin, California (a) In general The separable element constituting the locally preferred plan increment reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 (b) Savings provisions The deauthorization under subsection (a) does not affect— (1) the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 (2) previous authorizations providing for the Sacramento River and major and minor tributaries project, including— (A) section 2 of the Act of March 1, 1917 (39 Stat. 949, chapter 144); (B) section 12 of the Act of December 22, 1944 (58 Stat. 900, chapter 665); (C) section 204 of the Flood Control Act of 1950 (64 Stat. 177, chapter 188); and (D) any other Acts relating to the authorization for the Sacramento River and major and minor tributaries project along the Feather River right bank between levee stationing 1483+33 and levee stationing 2368+00. 305. Essex River, Massachusetts (a) Deauthorization The portions of the project for navigation, Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30 Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the areas described in subsection (b) are no longer authorized beginning on the date of enactment of this Act. (b) Description of project areas The areas described in this subsection are as follows: Beginning at a point N3056139.82 E851780.21, thence southwesterly about 156.88 feet to a point N3055997.75 E851713.67; thence southwesterly about 64.59 feet to a point N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to a point N3055976.70 E850927.78; thence northwesterly about 58.77 feet to a point N3056002.99 E850875.21; thence northwesterly about 240.57 feet to a point N3056232.82 E850804.14; thence northwesterly about 203.60 feet to a point N3056435.41 E850783.93; thence northwesterly about 78.63 feet to a point N3056499.63 E850738.56; thence northwesterly about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly about 85.56 feet to a point N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet to a point N3056334.36 E850394.03; thence northwesterly about 48.52 feet to a point N3056354.38 E850349.83; thence northeasterly about 83.71 feet to a point N3056436.35 E850366.84; thence northeasterly about 212.38 feet to a point N3056548.70 E850547.07; thence northeasterly about 47.60 feet to a point N3056563.12 E850592.43; thence northeasterly about 101.16 feet to a point N3056566.62 E850693.53; thence southeasterly about 80.22 feet to a point N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a point N3056031.13 E850908.38; thence southeasterly about 38.23 feet to a point N3056014.02 E850942.57; thence southeasterly about 410.93 feet to a point N3055896.06 E851336.21; thence northeasterly about 188.43 feet to a point N3055925.46 E851522.33; thence northeasterly about 135.47 feet to a point N3055992.91 E851639.80; thence northeasterly about 52.15 feet to a point N3056023.90 E851681.75; thence northeasterly about 91.57 feet to a point N3056106.82 E851720.59. 306. Port of Cascade Locks, Oregon (a) Extinguishment of portions of existing flowage easement With respect to the properties described in subsection (b), beginning on the date of enactment of this Act, the flowage easements described in subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the ordinary high water line. (b) Affected properties The properties described in this subsection, as recorded in Hood River County, Oregon, are as follows: (1) Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park (2) Parcels 1, 2, and 3 of Hood River County Partition, Plat Number 2008–25P. (c) Flowage easements The flowage easements described in this subsection are identified as Tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, and described as follows: (1) A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25, page 531 (Records of Hood River County, Oregon), in favor of the United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; previously acquired as Tracts OH–36 and OH–41 and a portion of Tract OH–47). (2) A flowage easement dated October 5, 1936, recorded October 17, 1936, book 25, page 476 (Records of Hood River County, Oregon), in favor of the United States, affecting that portion below the 94-foot contour line above main sea level (304 E1–Perpetual Flowage Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH–042 and a portion of Tract OH–47). (d) Federal liabilities; cultural, environmental, and other regulatory reviews (1) Federal liability The United States shall not be liable for any injury caused by the extinguishment of an easement under this section. (2) Cultural and environmental regulatory actions Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (b). (e) Effect on other rights Nothing in this section affects any remaining right or interest of the Corps of Engineers in the properties described in subsection (b). 307. Central Delaware River, Philadelphia, Pennsylvania (a) Area To Be declared nonnavigable Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States: (1) Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38. (2) Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter. (b) Public interest determination The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project. (c) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities. All such work is subject to all applicable Federal statutes and regulations, including sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401 and 403), section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 42 U.S.C. 4321 et seq. 308. Huntingdon County, Pennsylvania (a) In general The Secretary shall— (1) prioritize the updating of the Master Plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 ( Public Law 87–874 (2) ensure that alternatives for additional recreation access and development at the project are fully assessed, evaluated, and incorporated as a part of the update. (b) Participation The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public. 309. Rivercenter, Philadelphia, Pennsylvania Section 38(c) of the Water Resources Development Act of 1988 ( 33 U.S.C. 59j–1(c) (1) by striking (except 30 years from such date of enactment, in the case of the area or any part thereof described in subsection (a)(5)) (2) by adding at the end the following: Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire. 310. Joe Pool Lake, Texas The Secretary shall accept from the Trinity River Authority of Texas, if received by September 30, 2016, $31,233,401 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a. (relating to project investment costs) of contract number DACW63–76–C–0106, as of the date of enactment of this Act. 311. Salt Creek, Graham, Texas (a) In general The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 ( Public Law 106–53 (b) Certain project-Related claims The non-Federal interest for the project shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project. (c) Transfer The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal interest. (d) Reversion If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to the land and improvements thereon shall revert, at the discretion of the Secretary, to the United States. 312. Texas City Ship Channel, Texas City, Texas (a) In general The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act. (b) Description The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows: (1) Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped R 4–3 R 4–2 (2) Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances: (A) South 75° 49′ 13″ East, a distance of 298.08 feet to an angle point of the tract herein described. (B) South 81° 16′ 26″ East, a distance of 170.58 feet to an angle point of the tract herein described. (C) South 79° 20′ 31″ East, a distance of 802.34 feet to an angle point of the tract herein described. (D) South 75° 57′ 32″ East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right. (E) Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24° 55′ 59″, a chord of South 68° 47′ 35″ East – 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left. (F) Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31° 57′ 42″, a chord of South 66° 10′ 42″ East – 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right. (G) Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02° 04′ 10″, a chord of South 81° 56′ 20″ East – 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described. (H) Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133° 08′ 00″, a chord of South 14° 20′ 15″ East – 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described. (3) Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances: (A) North 78° 01′ 58″ West, a distance of 840.90 feet to an angle point of the tract herein described. (B) North 76° 58′ 35″ West, a distance of 976.66 feet to an angle point of the tract herein described. (C) North 76° 44′ 33″ West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left. (D) Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82° 27′ 32″, a chord of South 62° 01′ 41″ West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left. (E) Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11° 06′ 58″, a chord of South 15° 14′ 26″ West – 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described. (F) South 64° 37′ 11″ West, a distance of 146.03 feet to an angle point of the tract herein described. (G) South 67° 08′ 21″ West, a distance of 194.42 feet to an angle point of the tract herein described. (H) North 34° 48′ 22″ West, a distance of 789.69 feet to an angle point of the tract herein described. (I) South 42° 47′ 10″ West, a distance of 161.01 feet to an angle point of the tract herein described. (J) South 42° 47′ 10″ West, a distance of 144.66 feet to a point for the beginning of a tangent curve to the right. (K) Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central angle of 59° 50′ 28″, a chord of South 72° 42′ 24″ West – 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract herein described. (L) North 77° 22′ 21″ West, a distance of 591.41 feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the Texas City Turning Basin for the southwesterly corner of the tract herein described, from which a found U.S. Army Corps of Engineers Brass Cap stamped SWAN 2 (4) Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances: (A) North 01° 34′ 19″ East, a distance of 57.40 feet to an angle point of the tract herein described. (B) North 05° 02′ 13″ West, a distance of 161.85 feet to an angle point of the tract herein described. (C) North 06° 01′ 56″ East, a distance of 297.75 feet to an angle point of the tract herein described. (D) North 06° 18′ 07″ West, a distance of 71.33 feet to an angle point of the tract herein described. (E) North 07° 21′ 09″ West, a distance of 122.45 feet to an angle point of the tract herein described. (F) North 26° 41′ 15″ West, a distance of 46.02 feet to an angle point of the tract herein described. (G) North 01° 31′ 59″ West, a distance of 219.78 feet to an angle point of the tract herein described. (H) North 15° 54′ 07″ West, a distance of 104.89 feet to an angle point of the tract herein described. (I) North 04° 00′ 34″ East, a distance of 72.94 feet to an angle point of the tract herein described. (J) North 06° 46′ 38″ West, a distance of 78.89 feet to an angle point of the tract herein described. (K) North 12° 07′ 59″ West, a distance of 182.79 feet to an angle point of the tract herein described. (L) North 20° 50′ 47″ West, a distance of 105.74 feet to an angle point of the tract herein described. (M) North 02° 02′ 04″ West, a distance of 184.50 feet to an angle point of the tract herein described. (N) North 08° 07′ 11″ East, a distance of 102.23 feet to an angle point of the tract herein described. (O) North 08° 16′ 00″ West, a distance of 213.45 feet to an angle point of the tract herein described. (P) North 03° 15′ 16″ West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left. (Q) Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14° 00′ 05″, a chord of North 09° 36′ 03″ West – 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right. (R) Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19° 13′ 34″, a chord of North 13° 52′ 03″ East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described. (5) Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances: (A) North 30° 45′ 02″ East, a distance of 189.03 feet to an angle point of the tract herein described. (B) North 34° 20′ 49″ East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right. (C) Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53′ 37″, a chord of North 33° 14′ 58″ East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left. (D) Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23° 23′ 57″, a chord of North 48° 02′ 53″ East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right. (E) Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24′ 19″, a chord of North 43° 01′ 40″ East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described. (F) North 38° 56′ 50″ East, a distance of 126.41 feet to an angle point of the tract herein described. (G) North 42° 59′ 50″ East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right. (H) Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68° 36′ 31″, a chord of North 57° 59′ 42″ East – 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described. (I) South 77° 14′ 49″ East, a distance of 131.60 feet to an angle point of the tract herein described. (J) South 84° 44′ 18″ East, a distance of 86.58 feet to an angle point of the tract herein described. (K) South 58° 14′ 45″ East, a distance of 69.62 feet to an angle point of the tract herein described. (L) South 49° 44′ 51″ East, a distance of 149.00 feet to an angle point of the tract herein described. (M) South 44° 47′ 21″ East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left. (N) Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98° 53′ 23″, a chord of South 83° 28′ 51″ East – 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described. (O) South 75° 49′ 13″ East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land. IV Water Resources Infrastructure 401. Project authorizations The following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development 33 U.S.C. 2282d (1) Navigation A. State B. C. D. 1. TX Brazos Island Harbor Nov. 3, 2014 Federal: $116,116,000 2. LA Calcasieu Lock Dec. 2, 2014 Total: $16,700,000 (to be derived ½ ½ 3. NH, ME Portsmouth Harbor and Piscataqua River Feb. 8, 2015 Federal: $15,580,000 4. FL Port Everglades Jun. 25, 2015 Federal: $220,200,000 5. AK Little Diomede Harbor Aug. 10, 2015 Federal: $26,015,000 6. SC Charleston Harbor Sep. 8, 2015 Federal: $224,300,000 7. AK Craig Harbor March 16, 2016 Federal: $29,062,000 (2) Flood Risk Management A. State B. C. D. 1. TX Leon Creek Watershed Jun. 30, 2014 Federal: $18,314,000 2. MO, KS Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas Citys Jan. 27, 2015 Federal: $207,036,000 3. KS City of Manhattan Apr. 30, 2015 Federal: $15,440,100 4. TN Mill Creek Oct. 16, 2015 Federal: $17,759,000 5. KS Upper Turkey Creek Basin Dec. 22, 2015 Federal: $24,584,000 6. NC Princeville Feb. 23, 2016 Federal: $14,001,000 7. CA American River Common Features Apr. 26, 2016 Federal: $876,478,000 8. CA West Sacramento Apr. 26, 2016 Federal: $776,517,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. C. D. 1. SC Colleton County Sep. 5, 2014 Initial Federal: $13,733,850 2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,218,300 3. NC Carteret County Dec. 23, 2014 Initial Federal: $24,263,000 4. NJ Hereford Inlet to Cape May Inlet, Cape May County Jan. 23, 2015 Initial Federal: $14,040,000 5. LA West Shore Lake Pontchartrain Jun. 12, 2015 Federal: $466,760,000 6. CA San Diego County Apr. 26, 2016 Initial Federal: $20,166,000 (4) Ecosystem restoration A. State B. C. D. 1. FL Central Everglades Dec. 23, 2014 Federal: $976,375,000 2. WA Skokomish River Dec. 14, 2015 Federal: $12,782,000 (5) Flood risk management and ecosystem restoration A. State B. C. D. 1. IL, WI Upper Des Plaines River and Tributaries Jun. 8, 2015 Federal: $199,393,000 (6) Flood risk management, ecosystem restoration, and recreation A. State B. C. D. 1. CA South San Francisco Bay Shoreline Dec. 18, 2015 Federal: $69,521,000 (7) Ecosystem restoration and recreation A. State B. C. D. 1. OR Willamette River Dec. 14, 2015 Federal: $19,143,000 2. CA Los Angeles River Dec. 18, 2015 Federal: $375,773,000 (8) Deauthorizations, modifications, and other projects A. State B. C. D. 1. TX Upper Trinity River May 21, 2008 Federal: $526,500,000 2. KY Green River Locks and Dams 3, 4, 5, 6 and Barren River Lock and Dam 1 Disposition Apr. 30, 2015 Federal: $0 3. KS Turkey Creek Basin May 13, 2016 Federal: $97,067,750 4. KY Ohio River Shoreline May 13, 2016 Federal: $20,309,900 5. MO Blue River Basin May 13, 2016 Federal: $34,860,000 September 22, 2016 Reported from the Committee on Transportation and Infrastructure September 22, 2016 The Committee on Natural Resources

Summary: Highlights: This bill revises or authorizes U.S. Army Corps of Engineers water resources development projects, feasibility studies, and relationships with nonfederal project sponsors. It establishes a process to deauthorize projects with an aggregate estimated federal cost to complete of at least $10 billion. It sets forth requirements concerning:  harbor operations and maintenance, emerging harbors, donor ports, and energy transfer ports; navigation and flood management projects; reservoir operations and storage allocations; dredging alternatives; floating cabins; dam repair; ice jams; aquifer depletion; aquatic invasive species; and permits to occupy, use, or alter certain public works. The bill reauthorizes estuary habitat restoration projects and the Environmental Protection Agency's Great Lakes Restoration Initiative through FY2021. To assist states, the bill contains provisions for: drought emergencies, regional district flood damage reduction projects, and combined funding in groups of states. Additional funding is authorized for repair or replacement of water infrastructure for authorized communities in states with presidentially declared emergencies based on the presence of chemical, physical, or biological constituents, including lead in an eligible water system. The bill establishes requirements for "no wake" zones in Atlantic Intracoastal Waterway navigation channels, revisions to Table Rock Lake plans, and land in McIntosh County, Oklahoma, to be held in trust for the Muscogee (Creek) Nation. The Gulf Coast Ecosystem Restoration Council must issue regulations for environmental bank preservation projects that provide credits to offset adverse environmental impacts.   The Corps of Engineers' authority to accept funds to expedite permits is expanded to railroad carriers and made permanent for public utilities or natural gas companies. It must designate a principal approving official to coordinate development of unmanned aircraft systems. The Corps may operate a fish hatchery to restore threatened or endangered fish species.  The bill authorizes various navigation, flood risk management, hurricane and storm damage, ecosystem restoration, recreation, or river shoreline projects in Arkansas, California, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Missouri, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and Wisconsin. Full Summary: Water Resources Development Act of 2016 TITLE I--GENERAL PROVISIONS (Sec. 101) This title expresses the sense of Congress that: (1) water resources development projects are critical to maintaining economic prosperity, national security, and environmental protection; (2) Congress has required timely delivery of project and study authorization proposals from nonfederal project sponsors and the Corps of Engineers; and (3) Congress should consider a Water Resources Development Act at least once every Congress. (Sec. 102) The Corps of Engineers must enter cooperative agreements with youth service and conservation corps organizations for services on Corps projects. (Sec. 103) The Corps of Engineers must use its existing channel depths and dimensions authority under the Rivers and Harbors Appropriation Act of 1915 to carry out navigation safety activities at harbor or inland harbor projects eligible for Corps operation and maintenance under the Water Resources Development Act of 1986 (WRDA 1986), including at entrances, bends, sidings, and turning places necessary for the free movement of boats. (Sec. 104) Under WRDA 1986, the Corps of Engineers must use at least 10% (currently, exactly 10%) of the difference between the funds made available for a fiscal year to pay operations and maintenance costs of harbors and inland harbors and the funds that were available for such costs for FY2012 as priority funding for emerging harbor projects that transit less than 1 million tons of cargo annually. Not more than 90% (currently, exactly 90%) of priority funds shall be used for high- and moderate-use harbor projects. These allocations are made permanent. (Sec. 105) The Corps of Engineers must report on its inventory and assessment of the structural condition of federal breakwaters and jetties protecting harbors and inland harbors. (Sec. 106) The bill reduces from $15 million to $5 million the total amount of harbor maintenance taxes for the Harbor Maintenance Trust Fund (HMTF) that a port must collect annually to be considered a donor port that is eligible to receive amounts from the Corps of Engineers for payments to cargo shippers or importers, maintenance dredging and disposal of legacy-contaminated sediment, or environmental remediation. (Sec. 107) The Water Resources Development Act of 2007 (WRDA 2007) is amended to require the Corps of Engineers to consider regional (currently, local) communities when it makes recommendations for harbor and navigation improvements that are not justified solely by national economic development benefits. (Sec. 108) The Corps of Engineers must establish a pilot program to carry out 10 cost-sharing projects for the beneficial use of dredged material. Project selections must be based solely on: (1) environmental, economic, and social benefits; and (2) diversity in project types and geographical locations. The projects are exempt from federal standards that require dredged material disposals representing the least costly alternatives. Regional teams that include local agencies and stakeholders must be established to identify and assist in implementation of projects. (Sec. 109) The Corps of Engineers must establish a pilot program to accept services from nonfederal interests or commercial entities for removal of sediment captured behind up to 10 U.S. dams under Corps jurisdiction for the purpose of restoring authorized storage capacity. The nonfederal interests or commercial entities may sell or otherwise dispose of the removed sediment without compensating the Corps for the sediment's value. (Sec. 110) For reservoirs that the Corps of Engineers is authorized to regulate for the use of storage allocated for flood risk management or navigation, the Corps may receive funds from nonfederal interests to formulate or revise operational documents. (Sec. 111) In a state in which a drought emergency has been declared or was in effect during the year before enactment of this bill, the Corps of Engineers may enter agreements with nonfederal interests to carry out approved water supply conservation measures. (Sec. 112) The bill removes provisions of the Water Supply Act of 1958 concerning Congress's recommendation for an interstate water compact for the operation of projects in the Apalachicola-Chattahoochee-Flint River System and the Alabama-Coosa-Tallapoosa River System. (Sec. 113) For emergency repairs or restoration of flood control works or hurricane or shore protective structures, the Corps of Engineers must consult with nonfederal sponsors on the availability of nonstructural alternatives and obtain the sponsor's agreement before implementation. (Sec. 114) Nonfederal interests are released from any obligation to operate and maintain the nonstructural and nonmechanical components of a project for environmental protection and restoration or aquatic ecosystem restoration if the Corps of Engineers determines that the project's: (1) construction has been complete for 50 years, or (2) purpose has been achieved. The Corps must issue guidance for determining when a project has returned to a condition where natural hydrologic and ecological functions are the predominant factors of the location. (Sec. 115) The Estuary Restoration Act of 2000 is amended to: (1) reauthorize estuary habitat restoration projects through FY2021; and (2) allow nongovernmental organizations to enter the required agreements with the Corps under WRDA 1986 for flood control projects to be initiated only after the nonfederal interests agree to pay all operation, maintenance, replacement, and rehabilitation costs and the nonfederal share of construction costs. (Sec. 116) The bill repeals provisions of the Water Resources Development Act of 2000 concerning the authorization of appropriations for Great Lakes fishery and ecosystem restoration plans and projects. (Sec. 117) The bill repeals provisions of the Water Resources Development Act of 2007 concerning the use of mitigation banks for projects involving wetlands mitigation. (Sec. 118) A Corps of Engineers coordinator and principal approving official must be designated to acquire Federal Aviation Administration authorizations for the Corps to operate small unmanned aircraft systems (drones) to support civil works and emergency response missions. (Sec. 119) The Government Accountability Office (GAO) must report on the costs and benefits of expanding, reducing, or maintaining the federally owned hopper dredge fleet. (Sec. 120) The Corps of Engineers must update its inventory of unneeded properties to consider: (1) economic, cultural, historic, or recreational significance; or (2) impacts at the national, state, or local level. (Sec. 121) The Corps of Engineers may accept funds from a railroad carrier to expedite the evaluation of the carrier's permits for a project under the Corps' jurisdiction. The authority for public utilities or natural gas companies to make contributions for expedited permit processing is made permanent. (Sec. 122) The Corps of Engineers' authority to provide nonfederal interests a credit in lieu of a reimbursement for the estimated federal share of a flood damage reduction project under repealed provisions the Water Resources Development Act of 1996 is extended to projects for which a written agreement with the Corps for construction was finalized on or before December 31, 2014. (Currently, the credit in lieu of reimbursement is limited to projects that have been constructed by a nonfederal interest before the provisions were repealed on June 10, 2014.) The credit may be applied to other water resources development projects or studies of the nonfederal interest. (Sec. 123) The Corps of Engineers' authority to accept materials or services from nonfederal entities to repair, restore, or replace a water resources development project that has been damaged or destroyed as a result of an emergency shall include equipment failures caused by a lack of, or deferred, maintenance. (Sec. 124) The Corps of Engineers may provide technical assistance to nonfederal interests for feasibility studies of a proposed water resources development project if the nonfederal interest contracts to pay the costs of such assistance. (Sec. 125) The Corps of Engineers may authorize credits or reimbursements for discrete segments of a flood reduction project under WRDA 1986 before final completion of the project if the nonfederal interest can independently operate and maintain the segment without creating a hazard in advance of project completion. (Sec. 126) The Corps of Engineers may cooperate with groups of states to prepare comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within their boundaries. States may combine funds that the Corps makes available to them for such purposes. (Sec. 127) State regional districts' flood damage reduction projects are eligible for assistance from: (1) the Federal Emergency Management Agency (FEMA) to establish a levee safety program, and (2) the Corps of Engineers for flood mitigation activities. The national levee database, inventory and review procedures, and safety guidelines must be updated to include regional district participation. (Sec. 128) The categories of "nonfederal interests" under the Flood Control Act of 1970 are expanded to include Alaska native villages, regional corporations, and village corporations among the entities that may enter partnership agreements with the Corps for implementation or construction of water resources projects. (Sec. 129) For federally recognized Indian tribes, local cost-sharing requirements for studies and projects are waived up to a specified amount. (Sec. 130) The Corps of Engineers must provide guidance and technical assistance for nonfederal interests to submit proposals for the Corps' annual report to Congress on the future of water resources development. The Corps must notify previous and potential nonfederal interests and local elected officials about opportunities to address local water resources challenges through the Corps. (Sec. 131) The feasibility reports, proposed feasibility reports, and proposed project modifications for such future development reports may include projects under an environmental infrastructure assistance program. (Sec. 132) At a nonfederal interest's request, the Corps of Engineers shall meet with a nonfederal interest prior to initiating a feasibility study for a proposed project to review a preliminary analysis of costs, benefits, and environmental impacts of the project. (Sec. 133) The Corps of Engineers' post-authorization change reports recommending modifications to authorized projects: (1) may not be delayed by policy or priority change considerations, and (2) must be submitted to Congress upon completion. (Sec. 134) The Corps of Engineers must establish a publicly available database on its dredging projects, including information on maintenance dredging carried out by federal and nonfederal vessels. For each project and contract, the database must include the number of private contractor bids received and the bid amounts. (Sec. 135) The Corps of Engineers' system for electronic submission of permit applications must: (1) allow applicants to prepare permit applications, request jurisdictional determinations, and track their status electronically; and (2) address joint applications for state and federal permits. The Corps must maintain records of all permit decisions and jurisdictional determinations for at least five years and then archive those records. (Sec. 136) The Corps of Engineers must publish data on: (1) the planning, design, construction, operation, and maintenance of water resources development projects; and (2) water quality and water management of projects owned, operated, or managed by the Corps. But disclosure is not authorized for confidential or privileged information, law enforcement or national security information, infrastructure security information, or personal information. (Sec. 137) The bill deauthorizes water resources development projects authorized for construction by this bill if funds have not been obligated for construction during the seven years after its enactment. The Corps of Engineers must identify for Congress any projects so deauthorized. After 12 years, the Corps must submit to Congress: (1) a list of projects authorized by this bill that have not been completed, (2) the reasons the projects were not completed, (3) a schedule for completions based on expected appropriations, and (4) a 5-year and 10-year projection of the construction backlog with recommendations on how to mitigate such backlog. (Sec. 138) Transmittal letters and attachments printed as House or Senate documents for certain proposed reports and recommendations transmitted to Congress for flood control or navigation improvements must be made publicly available. The Corps of Engineers must provide the Library of Congress a copy of each final post-authorization change report for water resources projects. (Sec. 139) The Corps of Engineers must report biennially on the metrics and project priorities used in developing each business line in the civil works budget. If a revised budget estimate is proposed, the Corps must notify each Member of Congress representing a district affected by the project. (Sec. 140) The Corps of Engineers must report biennially on the use of natural and nature-based features in water resources development projects. (Sec. 141) The Corps of Engineers must report annually on the amount of acquisitions it has made for civil works projects from entities that manufactured the articles, materials, or supplies outside of the United States. The report must indicate dollar values and summarize total procurement funds spent on goods manufactured inside versus outside the United States. (Sec. 142) The Corps of Engineers must: (1) work with communities in watersheds covered by feasibility studies for proposed water resources development projects to avoid adversely affecting any local or regional water management plans for stormwater management, water quality improvement, aquifer recharge, or water reuse; and (2) incorporate the purposes of such plans into the Corps of Engineers' feasibility studies. (Sec. 143) The Corps of Engineers must prioritize and complete its activities under the Water Resources Reform and Development Act of 2014 (WRRDA 2014) to: (1) contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving project partnership agreements and templates; and (2) report to Congress with its recommendations for improving those procedures. (Sec. 144) The bill amends WRRDA 2014 to extend through FY2020, or through FY2025 if target total budget resources are met, the authorization for funding to donor ports and energy transfer ports for: (1) payments to cargo importers or shipping transporters, (2) maintenance dredging that benefits commercial navigation at harbors, or (3) environmental remediation related to dredging berths and federal navigation channels. (Sec. 145) The Corps of Engineers must consult with the Department of Homeland Security and the Department of Defense (DOD) to identify national security benefits associated with the development of Arctic deep draft ports. (Sec. 146) The Corps of Engineers' international outreach program is expanded to include informing the United States of technological innovations abroad that could improve any water resources development in the United States, including technology transfers or exchanges. (Under current law, the program is limited to informing the maritime industry and port authorities about innovations that could improve waterborne transportation.) (Sec. 147) The Corps of Engineers must study flood risks for vulnerable coastal populations within the boundaries of the Corps' South Atlantic Division. (Sec. 148) The GAO must analyze alternative models for managing the Inland Waterways Trust Fund and examine the costs and benefits of transferring the fund to a not-for-profit or government-owned corporation. (Sec. 149) The Corps of Engineers may enter agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a channel if the alternative project would lower the overall channel maintenance costs. (Sec. 150) The Corps of Engineers may operate a fish hatchery to restore a population of threatened or endangered fish species. Nonfederal entities or federal agencies other than DOD shall be responsible for costs associated with managing such a fish hatchery that are not authorized as of the enactment of this bill. (Sec. 151) The Gulf Coast Ecosystem Restoration Council must issue regulations for environmental banks (projects to restore, create, enhance, or preserve natural resources in a designated site to provide credits to offset adverse environmental impacts) to mitigate adverse environmental impacts sustained by construction or other activities as required by law or regulation. The regulations must provide criteria for: (1) bank certification and performance; (2) priority for banks that enhance coastal resources to inundation and coastal erosion; and (3) transfers of environmental credits, cross-crediting of environmental services, and the purchase of credits to offset adverse impacts or legal liability. (Sec. 152) The Corps of Engineers must carry out an ecosystem restoration and recreation project for the Los Angeles River in California in accordance with the conditions and recommended cost sharing described in the Report of the Chief of Engineers dated December 18, 2015. (Sec. 153) The Board of Directors of the Tennessee Valley Authority (TVA) may approve and allow the construction and use of a floating cabin (a watercraft or other floating structure primarily designed and used for human habitation or occupation and not primarily designed or used for navigation or transportation on water) on TVA waters if: (1) the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards; and (2) the TVA has authorized the use of recreational vessels on such waters. The TVA board may not require removal of such cabins for a specified period after enactment of this bill and must allow continued use of such cabins that meet recreational access requirements. But the TVA may establish regulations to prevent construction of new floating cabins. (Sec. 154) The GAO must report on the remaining federal obligations to Indian people displaced by the construction of the Bonneville Dam, the Dalles Dam, or the John Day Dam on the Columbia River in Oregon and Washington. (Sec. 155) Upon the request of a governor of a state with a drought emergency during the year leading up to the enactment of this bill, the Corps of Engineers may prioritize updates of water control manuals and incorporate seasonal operations for water conservation and water supply for control structures. (Sec. 156) The GAO must submit an analysis of the President's budget requests for the Corps of Engineers Civil Works Program for each of FY2008-FY2017. It must evaluate whether the Corps of Engineers' benefit-cost ratios impact the geographic diversity of projects included in budget requests. (Sec. 157) For purposes of the prohibition against possessing, using, building upon, altering, or obstructing sea walls, bulkheads, jetties, dikes, levees, wharfs, piers, or other works built by the United States for the preservation or improvement of its navigable waters or to prevent floods, the bill defines "work" as engineered structures that serve a particular function, including only structures of like kind to the structures specifically listed. The definition excludes: (1) river channels, regardless of whether dredging is necessary to maintain navigational depths; (2) unimproved real estate; or (3) the mere presence of a particular feature or structure within a federal project. (Sec. 158) A project that the Corps of Engineers assumes for maintenance under authority granted by Congress shall be: (1) treated as a project authorized by Congress; and (2) planned, operated, managed, or modified consistent with authorized projects. (Sec. 159) The Corps of Engineers must issue guidance for dam safety repair projects to: (1) identify the types of circumstances under which WRDA 1986's requirement relating to state-of-the-art design or construction criteria deemed necessary for safety purposes would apply, (2) assist Corps district offices in communicating with nonfederal interests when entering into and implementing cost-sharing agreements, and (3) assist Corps communications with nonfederal interests concerning their estimated and final cost-share responsibilities. (Sec. 160) The Corps of Engineers must expedite completion of a flood risk management project for Cedar River, Cedar Rapids, Iowa. (Sec. 161) The Corps of Engineers may consider all benefits to the public that may accrue from a proposed rehabilitation work when reviewing requests for expenditures from the emergency fund for repair or restoration of a flood management project. (Sec. 162) The Corps of Engineers' projects to support the fishery, ecosystem, and beneficial uses of the Great Lakes may include compatible recreation features, except that the federal cost of such features may not exceed 10% of the ecosystem restoration costs of the project. (Sec. 163) An Army district engineer or an authorized representative may permit a nonfederal interest's alterations to a federal levee, floodwall, or flood risk management channel project or its associated features. Permit applications seeking the Corps of Engineers' permission to occupy, use, or alter U.S.-built public works for the preservation or improvement of harbor or river navigable waters or to prevent floods shall be approved if: (1) the Corps has not made a determination, and (2) the plan was prepared and certified by a professional engineer licensed by the state in which the project is located. (Sec. 164) The Corps of Engineers must expedite examination and, if feasible, proceed to construction of flood mitigation and restoration projects in the Louisiana parishes of Ascension, East Baton Rouge, Iberville, Livingston, and Pointe Coupee. (Sec. 165) The Corps of Engineers shall not finalize a revision for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan during the five-year period after enactment of this bill and must provide 60 days for public comment on the revision. The moratorium on new or modified shoreline permits based on the existing plans must be suspended during that five-year period. Before adopting a revision to the management plan, the Corps must complete a study on the need to revise Table Rock Lake permit fees to achieve cost savings. The Corps must report the study results to Congress. (Sec. 166) The Corps of Engineers may adjust authorized benefit-cost ratios after the completion of any portion of a navigation project carried out by the Corps with nonfederal funds. (Sec. 167) The Corps of Engineers must transfer specified acres of land in McIntosh County, Oklahoma, to the Department of the Interior to be held in trust for the benefit of the Muscogee (Creek) Nation, on the condition that the transfer does not interfere with other civil works projects. The Corps retains the right to inundate the land with water to carry out the Eufaula Lake project and other civil works projects. Gaming is prohibited on this land. The tribe must pay the fair market value of the land plus transfer costs. (Sec. 168) WRDA 2007 is amended to extend the period during which the Corps of Engineers is prohibited from taking action seeking to remove an improvement (including dwellings) within the flowage easement of Lake Kemp, Texas (below elevation 1159 feet mean sea level), until the earlier of: (1) January 1, 2025, or (2) the transfer of ownership of an improvement occurring after this bill's enactment. (Sec. 169) The Corps of Engineers must consider information developed by the Gulf Coast Community Protection and Recovery District to expedite completion of the comprehensive planning authorized by WRDA 2007 to determine the feasibility of projects for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in Texas coastal areas. (Sec. 170) The Corps of Engineers must expeditiously authorize, fund, identify, and implement improvements to reduce negative impacts to community-owned flood protection system accreditation where federally owned and operated levees increase flood risk and compromise accreditation. (Sec. 171) The Corps of Engineers must report annually on corrosion prevention actions and projects. (Sec. 172) The Corps of Engineers' study to determine the feasibility of projects to restore aquatic ecosystems within the coastal waters of the northeastern United States from Virginia to Maine must be conducted as a comprehensive assessment and management plan. (Sec. 173) The Corps of Engineers may acquire beach fill from nondomestic sources regardless of whether it is available from domestic sources. (Sec. 174) The Corps of Engineers must give priority to flood management projects that have executed project partnership agreements in areas where: (1) there has been loss of life due to flood events, and (2) the President has declared a major disaster or an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 175) The River and Harbor Act of 1958 is amended to allow the Corps of Engineers to establish, operate, and maintain new or existing watercraft inspection stations (currently, the Corps may only establish such stations) to protect the Columbia River Basin in Idaho, Montana, Oregon, and Washington from the spread of aquatic invasive species at Corps-operated and -maintained reservoirs. The Corps must also consult with such states and assist them with rapid response to any Quagga or Zebra mussel infestation. (Sec. 176) The Corps of Engineers must coordinate with Alabama, Florida, Louisiana, Mississippi, and Texas to assess the recovery of Gulf Coast oyster beds damaged by: (1) Hurricane Katrina in 2005, (2) the Deepwater Horizon oil spill in 2010, and (3) floods in 2011 and 2016. (Sec. 177) The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) is amended to make eligible for assistance as a pilot project carried out by the Environmental Protection Agency (EPA) a project of the Corps of Engineers to provide alternative water supplies to reduce aquifer depletion. Any eligible project costs incurred and the value of any integral in-kind contributions made before receipt of such assistance shall be credited toward the 51% of project costs to be provided by sources of funding other than a secured loan. (Sec. 178) The Corps of Engineers must expedite a flood risk management project in Brays Bayou, Texas. (Sec. 179) For initiation of work on a separable element of a water resources development project that has received construction funds in the previous six years: (1) no new start or new investment decision is required, and (2) the work shall be treated as ongoing work. (Sec. 180) The Corps of Engineers must finalize before FY2018 all permit decisions and publish all decision documents related to the construction of, impoundment of water in, and operation of, the Lower Bois d'Arc Creek Reservoir Project, including any associated water transmission facilities, by the North Texas Municipal Water District in Fannin County, Texas. (Sec. 181) The Corps of Engineers must ensure appropriate consideration is given to the use of natural and nature-based features in the design, construction, maintenance, repair, and rehabilitation of development projects. (Sec. 182) The Water Resources Reform and Development Act of 2014 is amended to revise standards for floating cabins with overnight accommodations on Corps of Engineers' waters in the Cumberland River basin. The amended standards may not be construed to authorize the Corps to impose requirements on floating cabins or facilities (including marinas or docks located on such waters) that are different or more stringent than the requirements imposed on all recreational vessels authorized to use such waters. (Sec. 183) The Corps of Engineers must work with state and local officials to establish a no wake zone for vessels in federally marked or maintained Atlantic Intracoastal Waterway navigation channels adjacent to a marina if: (1) documented safety hazards are a direct result of excessive wakes, (2) state law establishes a no wake zone in the channel or adjacent waters, and (3) the no wake zone complies with any Coast Guard recommendations to ensure the safety of vessels and passengers. Towing vessels are exempt from any such no wake zone requirements. (Sec. 184) The Corps of Engineers may carry out small flood control projects under the Flood Control Act of 1948 that are not specifically authorized by Congress, including planning, design, construction, and monitoring of structural and nonstructural technologies to prevent and mitigate flood damages associated with ice jams. (Sec. 185) The Corps of Engineers must review its guidance for consulting with Indian tribes on projects requiring the Corps to approve a permit that may impact tribal cultural or natural resources. The Corps must report on the results of its review, any proposed changes, and its justification if it determines no changes are necessary. (Sec. 186) The Corps of Engineers must develop a structural health monitoring program to assess and improve the condition of Corps infrastructure, including systems and frameworks for: (1) response to floods and earthquakes, (2) pre-disaster mitigation measures, (3) lengthening the useful life of the infrastructure, and (4) identifying risks due to sea level rise. (Sec. 187) The Corps of Engineers must expedite completion of a flood control project for Chicagoland Underflow Plan, Illinois, phase 2. (Sec. 188) The Corps of Engineers must effectuate the release of U.S. interests in certain tracts of land located in Cameron County, Texas, subject to any conditions the Corps may require to protect U.S. interests. The Brownsville Navigation District is responsible for costs associated with the releases. (Sec. 189) The bill makes permanent the Corps of Engineers' authority to use available priority funds (the difference between funds made available for operations and maintenance costs assigned to commercial navigation of harbors under WRDA 1986 each fiscal year and those funds made available for FY2012) for underserved harbors and projects within the Great Lakes Navigation System. (Sec. 190) The Corps of Engineers must transfer the human remains known as Kennewick Man or the Ancient One to the Washington State Department of Archaeology and Historic Preservation to dispose of and repatriate the remains through the State Historic Preservation Officer to the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Reservation, and the Wanapum Band of Priest Rapids. The transfer is conditioned on the tribes' agreement on a final burial place in, and custody of the remains by, the state of Washington. (Sec. 191) The Federal Water Pollution Control Act (commonly known as the Clean Water Act) is amended to revise and reauthorize the EPA's Great Lakes Restoration Initiative (GLRI) for FY2017-FY2021. The EPA must: (1) consult with Great Lakes states and Indian tribes, and solicit input from other nonfederal stakeholders, in selecting GLRI projects; and (2) designate a point person from an appropriate federal partner to coordinate GLRI projects involving harmful algal blooms. GLRI funding is expanded to activities of the Great Lakes National Program Office, including remediation of sediment contamination. The EPA or other federal agencies receiving GLRI funds may make grants to, or enter agreements with, nonfederal entities for planning, research, monitoring, outreach, or implementation of selected projects that support the GLRI and the Great Lakes Water Quality Control Agreement. Projects may be carried out on multiple levels, including locally, without a requirement that the projects be Great Lakes-wide or Great Lakes basin-wide. No funds made available to carry out the GLRI may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received pursuant to WIFIA. The EPA must: (1) review, and revise as appropriate, the GLRI action plan at least every five years; (2) report to the public on progress in implementing the GLRI plan; (3) publish each GLRI project on its website; and (4) provide Congress an annual description of GLRI amounts transferred to participating federal agencies. (Sec. 192) The Water Resources Development Act of 1992 (WRDA 1992) is amended to authorize additional funding for water-related environmental infrastructure and resource protection and development projects, and assistance for construction, to communities identified under WRDA 1992 in states where the President has declared an emergency under the Stafford Act as a result of the presence of chemical, physical, or biological constituents, including lead or other contaminants in the eligible system, for the repair or replacement of public and private infrastructure. TITLE II--STUDIES (Sec. 201) The Corps of Engineers may conduct feasibility studies for the following navigation, flood damage reduction, hurricane and storm damage reduction, ecosystem or environmental restoration, water supply, flood control, and recreation projects: Ouachita-Black Rivers, Arkansas and Louisiana; Cache Creek Settling Basin, California; Coyote Valley Dam, California; Del Rosa Channel, City of San Bernardino, California; Merced County Streams, California; Mission-Zanja Channel, Cities of San Bernardino and Redlands, California; Soboba Indian Reservation, California; Indian River Inlet, Delaware; Lewes Beach, Delaware; Mispillion Complex, Kent and Sussex Counties, Delaware; Daytona Beach, Florida; Brunswick Harbor, Georgia; Dubuque, Iowa; St. Tammany Parish, Louisiana; Cattaraugus Creek, New York; Cayuga Inlet, Ithaca, New York; Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware; Silver Creek, Hanover, New York; Stonycreek and Little Conemaugh Rivers, Pennsylvania; Tioga-Hammond Lake, Pennsylvania; Brazos River, Fort Bend County, Texas; Chacon Creek, City of Laredo, Texas; Corpus Christi Ship Channel, Texas; City of El Paso, Texas; Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas; Port of Bay City, Texas; Chincoteague Island, Virginia; and Burley Creek Watershed, Kitsap County, Washington. (Sec. 202) The Corps of Engineers must expedite feasibility studies for, and if a project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design for, the following flood risk management, ecosystem restoration, hurricane and storm damage risk reduction, and navigation projects: Little Colorado River at Winslow, Navajo County, Arizona; Lower San Joaquin River, California, including Reclamation District 17; Sacramento River Flood Control System, California; Ft. Pierce, Florida; Des Moines and Raccoon Rivers, Iowa; Mississippi River Ship Channel, Louisiana; North Branch Ecorse Creek, Wayne County, Michigan; and Rahway River Basin (Upper Basin), New Jersey. It shall expedite post-authorization change reports for a flood damage reduction and environmental restoration project in Hamilton City, California, and a hurricane and storm damage risk reduction project in New Hanover County, North Carolina. (Sec. 203) The Corps of Engineers must conduct a study to determine the feasibility of modifying projects for flood risk management in Tulsa and West Tulsa, Oklahoma. TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS (Sec. 301) This title establishes a process for the Corps of Engineers to seek comment from the public and states regarding an interim deauthorization list from which the Corps must then prepare a final deauthorization list of projects with an aggregate estimated federal cost to complete that is at least $10 billion. The Corps' interim list must identify: (1) each water resources development project authorized for construction before November 8, 2007, for which planning, design, or construction was not initiated before enactment of this bill or for which planning, design, or construction was initiated but no funds were obligated during the current fiscal year or the preceding six fiscal years; and (2) projects identified on a list under WRDA 1986 that have received no obligations during a specified preceding period of years. A project shall not be deauthorized if: (1) Congress disapproves of such project's deauthorization, or (2) a nonfederal interest provides sufficient funds to complete the project or a separable element of the project. (Sec. 302) Specified portions of a navigation project in Valdez, Alaska, and Texas City Ship Channel, Texas City, Texas, shall not be subject to navigation servitude. (Sec. 303) The Corps of Engineers must prioritize updates to water control manuals for control structures in the Los Angeles County Drainage Area in California. (Sec. 304) The bill deauthorizes specified portions of projects for: Sutter Basin, California; Stonington Harbor, Connecticut; Essex River, Massachusetts; and Salt Creek, Graham, Texas. (Sec. 306) Flowage easements are extinguished for portions of Port of Cascade Locks, Oregon. (Sec. 307) Unless local public officials object, portions of the Delaware River in Philadelphia, Pennsylvania, are declared to be nonnavigable waters of the United States. The declaration of nonnavigability for the Rivercenter portion of the Delaware River (currently, scheduled to expire on November 17, 2018) shall not expire. (Sec. 308) The Corps of Engineers must prioritize the updating of the master plan for the Juniata River and tributaries project in Huntingdon County, Pennsylvania. It must ensure that alternatives for additional recreation access and development are fully assessed and incorporated as a part of the update. The Corps of Engineers may accept from the Trinity River Authority of Texas certain water supply storage space in Joe Pool Lake, Texas. TITLE IV--WATER RESOURCES INFRASTRUCTURE (Sec. 401) This title authorizes and sets forth conditions for: navigation projects in Arkansas, Florida, Louisiana, Maine, New Hampshire, Pennsylvania, South Carolina, and Texas; flood risk management projects in California, Kansas, Missouri, North Carolina, Tennessee, and Texas; hurricane and storm damage risk reduction projects in California, Florida, Louisiana, New Jersey, North Carolina, and South Carolina; ecosystem restoration projects in Florida and Washington; flood risk management and ecosystem restoration projects in Illinois and Wisconsin; flood risk management, ecosystem restoration, and recreation projects in California; ecosystem restoration and recreation projects in California and Oregon; a hurricane and storm damage risk reduction and ecosystem restoration project in Louisiana; deauthorizations, modifications, and other projects in Florida, Kansas, Kentucky, Missouri, and Texas.