I 
115TH CONGRESS 
2D SESSION 
H. R. 8 
To provide for improvements to the rivers and harbors of the United States, 
to provide for the conservation and development of water and related 
resources, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2018 
Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GRAVES of Louisiana, and Mrs. 
NAPOLITANO) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To provide for improvements to the rivers and harbors of 
the United States, to provide for the conservation and 
development of water and related resources, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Water Resources Development Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Secretary defined. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Sense of Congress regarding water resources development bills. 
Sec. 102. Use of Harbor Maintenance Trust Fund to support navigation. 
Sec. 103. Assessment of harbors and inland harbors. 
Sec. 104. Levee safety initiative reauthorization. 
Sec. 105. Dam safety. 
Sec. 106. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 107. Forecast-informed reservoir operations. 
Sec. 108. Emergency response to natural disasters. 
Sec. 109. Integrated water resources planning. 
Sec. 110. Mitigation banks. 
Sec. 111. Indian Tribes. 
Sec. 112. Columbia River. 
Sec. 113. Dissemination of information. 
Sec. 114. Non-Federal engagement and review. 
Sec. 115. Comprehensive backlog report. 
Sec. 116. Structures and facilities constructed by Secretary. 
Sec. 117. Transparency in administrative expenses. 
Sec. 118. Study of the future of the United States Army Corps of Engineers. 
Sec. 119. Acknowledgment of credit. 
Sec. 120. Non-Federal implementation pilot program. 
Sec. 121. Study of water resources development projects by non-Federal inter-
ests. 
Sec. 122. Construction of water resources development projects by non-Federal 
interests. 
Sec. 123. Advanced funds for water resources development studies and projects. 
Sec. 124. Funding to process permits. 
Sec. 125. Study on economic and budgetary analyses. 
TITLE II—STUDIES 
Sec. 201. Authorization of proposed feasibility studies. 
Sec. 202. Additional studies. 
Sec. 203. Expedited completion of reports for certain projects. 
TITLE III—DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED 
PROVISIONS 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Backlog prevention. 
Sec. 303. Project modifications. 
Sec. 304. Milwaukee Harbor, Milwaukee, Wisconsin. 
Sec. 305. Bridgeport Harbor, Connecticut. 
Sec. 306. Conveyances. 
Sec. 307. Clatsop County, Oregon. 
Sec. 308. Kissimmee River Restoration, Central and Southern Florida. 
Sec. 309. Lytle and Cajon Creeks, California. 
TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Project authorizations. 
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SEC. 2. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. SENSE OF CONGRESS REGARDING WATER RE-
SOURCES DEVELOPMENT BILLS. 
It is the sense of Congress that, because the missions 
of the Corps of Engineers for navigation, flood control, 
beach erosion control and shoreline protection, hydro-
electric power, recreation, water supply, environmental 
protection, restoration, and enhancement, and fish and 
wildlife mitigation benefit all Americans, and because 
water resources development projects are critical to main-
taining the country’s economic prosperity, national secu-
rity, and environmental protection, Congress should con-
sider a water resources development bill not less often 
than once every Congress. 
SEC. 102. 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) is amended— 
(1) in the section heading by striking ‘‘AU-
THORIZATION OF APPROPRIATIONS’’ and insert-
ing ‘‘FUNDING FOR HARBOR NAVIGATION’’; 
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(2) by redesignating subsections (c), (d), (e), 
and (f) as subsections (d), (e), (f), and (g), respec-
tively; and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) USE OF COLLECTED FUNDS IN FISCAL YEAR 
2029 AND THEREAFTER.— 
‘‘(1) USE OF FUNDS.—In addition to amounts 
appropriated under subsections (a) and (b), there 
shall be available to the Secretary, out of the Harbor 
Maintenance Trust Fund, without further appropria-
tion, for fiscal year 2029 and each fiscal year there-
after, 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) is further amended— 
(1) in subsection (d)(2)(A)(i) (as redesignated 
by subsection (a)(2) of this section) by striking 
‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 
(2) in subsection (e)(3)(B)(i) (as redesignated 
by subsection (a)(2) of this section) by striking 
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‘‘subsection (c)(2)(A)’’ and inserting ‘‘subsection 
(d)(2)(A)’’; and 
(3) in subsection (f)(2)(A)(ii) (as redesignated 
by subsection (a)(2) of this section) by striking 
‘‘subsection 
(d)(2)’’ 
and 
inserting 
‘‘subsection 
(e)(2)’’. 
SEC. 103. ASSESSMENT OF HARBORS AND INLAND HAR-
BORS. 
Section 210(e) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238(e)) is amended— 
(1) in paragraph (1), by striking ‘‘shall assess 
the’’ and inserting ‘‘shall assess, and issue a report 
to Congress on, the’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) OPPORTUNITIES
FOR
BENEFICIAL 
USE OF DREDGED MATERIALS.—In carrying out 
paragraph (1), the Secretary shall identify po-
tential opportunities for the beneficial use of 
dredged materials obtained from harbors and 
inland harbors referred to in subsection (a)(2), 
including projects eligible under section 1122 of 
the Water Resources Development Act of 2016 
(130 Stat. 1645; 33 U.S.C. 2326 note).’’. 
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SEC. 104. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 
Title IX of the Water Resources Development Act of 
2007 (33 U.S.C. 3301 et seq.) is amended— 
(1) in section 9005(g)(2)(E)(i), by striking 
‘‘2015 through 2019’’ and inserting ‘‘2019 through 
2023’’; and 
(2) in section 9008, by striking ‘‘2015 through 
2019’’ each place it appears and inserting ‘‘2019 
through 2023’’. 
SEC. 105. DAM SAFETY. 
Section 14 of the National Dam Safety Program Act 
(33 U.S.C. 467j) is amended by striking ‘‘2015 through 
2019’’ each place it appears and inserting ‘‘2019 through 
2023’’. 
SEC. 106. REHABILITATION OF CORPS OF ENGINEERS CON-
STRUCTED DAMS. 
Section 1177(e) of the Water Resources Development 
Act of 2016 (33 U.S.C. 467f–2 note) is amended by strik-
ing ‘‘$10,000,000’’ and inserting ‘‘$40,000,000’’. 
SEC. 107. FORECAST-INFORMED RESERVOIR OPERATIONS. 
(a) REPORT ON FORECAST-INFORMED RESERVOIR 
OPERATIONS.—Not later than one year after the date of 
completion of the forecast-informed reservoir operations 
research study pilot program at Coyote Valley Dam, Rus-
sian River Basin, California (authorized by the River and 
Harbor Act of 1950 (64 Stat. 177)), the Secretary shall 
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issue a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate on the results of the study pilot program. 
(b) CONTENTS OF REPORT.—The Secretary shall in-
clude in the report issued under subsection (a)— 
(1) an analysis of the use of forecast-informed 
reservoir operations at Coyote Valley Dam, Cali-
fornia; 
(2) an assessment of the viability of using fore-
cast-informed reservoir operations at other dams 
owned or operated by the Secretary; 
(3) an identification of other dams owned or op-
erated by the Secretary where forecast-informed res-
ervoir operations may assist the Secretary in the op-
timization of future reservoir operations; and 
(4) any additional areas for future study of 
forecast-informed reservoir operations. 
SEC. 108. EMERGENCY RESPONSE TO NATURAL DISASTERS. 
(a) IN GENERAL.—Section 5(a)(1) of the Act of Au-
gust 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the 
first sentence— 
(1) by striking ‘‘strengthening, raising, extend-
ing, or other modification thereof’’ and inserting 
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‘‘strengthening, raising, extending, realigning, or 
other modification thereof’’; and 
(2) by striking ‘‘structure or project damaged 
or destroyed by wind, wave, or water action of other 
than an ordinary nature to the design level of pro-
tection when, in the discretion of the Chief of Engi-
neers,’’ and inserting ‘‘structure or project damaged 
or destroyed by wind, wave, or water action of other 
than an ordinary nature to either the pre-storm level 
or the design level of protection, whichever provides 
greater protection, when, in the discretion of the 
Chief of Engineers,’’. 
(b) DURATION.—Section 156(e) of the Water Re-
sources Development Act of 1976 (42 U.S.C. 1962d– 
5f(e)) is amended by striking ‘‘6 years’’ and inserting ‘‘9 
years’’. 
SEC. 109. INTEGRATED WATER RESOURCES PLANNING. 
In carrying out a water resources development feasi-
bility study, the Secretary shall consult with local govern-
ments in the watershed covered by such study to deter-
mine if local water management plans exist, or are under 
development, for the purposes of stormwater management, 
water quality improvement, aquifer recharge, or water 
reuse. 
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SEC. 110. MITIGATION BANKS. 
(a) DEFINITION OF MITIGATION BANK.—In this sec-
tion, the term ‘‘mitigation bank’’ has the meaning given 
that term in section 332.2 of title 33, Code of Federal 
Regulations. 
(b) GUIDANCE.—The Secretary shall issue guidance 
on the use of mitigation banks to meet requirements for 
water resources development projects in order to update 
mitigation bank credit release schedules to— 
(1) support the goal of achieving efficient per-
mitting and maintaining appropriate environmental 
protections; and 
(2) promote increased transparency in the use 
of mitigation banks. 
(c) REQUIREMENTS.—The guidance issued under 
subsection (b) shall— 
(1) be consistent with— 
(A) part 230 of title 40, Code of Federal 
Regulations; 
(B) section 906 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283); 
(C) part 332 of title 33, Code of Federal 
Regulations; and 
(D) section 314(b) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public 
Law 108–136; 33 U.S.C. 1344 note); and 
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(2) provide for— 
(A) the mitigation bank sponsor to provide 
sufficient financial assurances to ensure a high 
level of confidence that the compensatory miti-
gation project will be successfully completed, in 
accordance with applicable performance stand-
ards, under section 332.3(n) of title 33, Code of 
Federal Regulations; 
(B) the mitigation bank sponsor to reserve 
the share of mitigation bank credits required to 
ensure ecological performance of the mitigation 
bank, in accordance with section 332.8(o) of 
title 33, Code of Federal Regulations; and 
(C) all credits except for the share reserved 
under subparagraph (B) to be available upon 
completion of the construction of the mitigation 
bank. 
SEC. 111. INDIAN TRIBES. 
(a) COST SHARING PROVISIONS FOR THE TERRI-
TORIES AND INDIAN TRIBES.—Section 1156(a)(2) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2310(a)(2)) is amended by striking ‘‘section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5130)’’ and inserting ‘‘section 4(e) of the Indian 
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Self-Determination and Education Assistance Act (25 
U.S.C. 5304(e))’’. 
(b) WRITTEN
AGREEMENT
REQUIREMENT
FOR 
WATER RESOURCES PROJECTS.—Section 221(b)(1) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) 
is amended by striking ‘‘federally recognized Indian tribe 
and, as defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602), a Native village, Re-
gional Corporation, and Village Corporation’’ and insert-
ing ‘‘Indian tribe, as defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 5304(e))’’. 
SEC. 112. COLUMBIA RIVER. 
(a) 
BONNEVILLE
DAM, 
OREGON.—Section 
1178(c)(1)(A) of the Water Resources Development Act 
of 2016 (130 Stat. 1675) is amended by striking ‘‘may 
provide assistance’’ and inserting ‘‘may provide assistance, 
which may include housing and related improvements,’’. 
(b) JOHN DAY DAM, WASHINGTON AND OREGON.— 
(1) IN
GENERAL.—The Secretary shall, not 
later than 180 days after the date of enactment of 
this Act, and in consultation with the Secretary of 
the Interior, conduct a study to determine the extent 
to which Indian Tribes have been displaced as a re-
sult of the construction of the John Day Dam, Co-
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lumbia River, Washington and Oregon, as author-
ized by section 204 of the Flood Control Act of 1950 
(64 Stat. 179), including an assessment of effects 
related to housing and related improvements. 
(2) ADDITIONAL ACTIONS.—If the Secretary de-
termines, based on the study under paragraph (1), 
that assistance is required, the Secretary may use all 
existing authorities of the Secretary to provide as-
sistance, which may include housing and related im-
provements, to Indian Tribes displaced as a result of 
the construction of the John Day Dam, Columbia 
River, Washington and Oregon. 
(3) REPEAL.—Section 1178(c)(2) of the Water 
Resources Development Act of 2016 (130 Stat. 
1675) is repealed. 
(c) THE DALLES DAM, WASHINGTON
AND OR-
EGON.—The Secretary, in consultation with the Secretary 
of the Interior, shall complete a village development plan 
for any Indian Tribe displaced as a result of the construc-
tion of the Dalles Dam, Columbia River, Washington and 
Oregon, as authorized by section 204 of the Flood Control 
Act of 1950 (64 Stat. 179). 
SEC. 113. DISSEMINATION OF INFORMATION. 
(a) FINDINGS.—Congress finds the following: 
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(1) Congress plays a central role in identifying, 
prioritizing, and authorizing vital water resources in-
frastructure activities throughout the United States. 
(2) The Water Resources Reform and Develop-
ment Act of 2014 (Public Law 113–121) established 
a new and transparent process to review and 
prioritize the water resources development activities 
of the Corps of Engineers with strong congressional 
oversight. 
(3) Section 7001 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282d) requires the Secretary to develop and submit 
to Congress each year a Report to Congress on Fu-
ture Water Resources Development and, as part of 
the annual report process, to— 
(A) publish a notice in the Federal Reg-
ister that requests from non-Federal interests 
proposed feasibility studies and proposed modi-
fications to authorized water resources develop-
ment projects and feasibility studies for inclu-
sion in the report; and 
(B) review the proposals submitted and in-
clude in the report those proposed feasibility 
studies and proposed modifications that meet 
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the criteria for inclusion established under such 
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 thor-
ough understanding of the water resources develop-
ment 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 edu-
cation 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), including efforts to— 
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(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 local elected offi-
cials and previous and potential non-Federal inter-
ests 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 such section 7001; and 
(4) provide, at the request of a non-Federal in-
terest, assistance with researching and identifying 
existing project authorizations and Corps of Engi-
neers decision documents. 
SEC. 114. NON-FEDERAL ENGAGEMENT AND REVIEW. 
(a) PUBLIC NOTICE.— 
(1) IN
GENERAL.—Prior to developing and 
issuing any new or revised implementation guidance 
for a covered water resources development law, the 
Secretary shall issue a public notice that— 
(A) informs potentially interested non-Fed-
eral stakeholders of the Secretary’s intent to 
develop and issue such guidance; and 
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(B) provides an opportunity for interested 
non-Federal stakeholders to engage with, and 
provide input and recommendations to, the Sec-
retary on the development and issuance of such 
guidance. 
(2) ISSUANCE OF NOTICE.—The Secretary shall 
issue the notice under paragraph (1) through a post-
ing on a publicly accessible website dedicated to pro-
viding notice on the development and issuance of im-
plementation guidance for a covered water resources 
development law. 
(b) STAKEHOLDER ENGAGEMENT.— 
(1) INPUT.—The Secretary shall allow a min-
imum of 60 days after issuance of the public notice 
under subsection (a) for non-Federal stakeholders to 
provide input and recommendations to the Secretary, 
prior to finalizing implementation guidance for a 
covered water resources development law. 
(2) OUTREACH.—The Secretary may, as appro-
priate (as determined by the Secretary), reach out to 
non-Federal stakeholders and circulate drafts of im-
plementation guidance for a covered water resources 
development law for informal feedback and rec-
ommendations. 
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(c) DEVELOPMENT OF GUIDANCE.—When developing 
implementation guidance for a covered water resources de-
velopment law, the Secretary shall take into consideration 
the input and recommendations received from non-Federal 
stakeholders, and make the final guidance available to the 
public on-line on a publicly accessible website. 
(d) COVERED WATER RESOURCES DEVELOPMENT 
LAW.—In this section, the term ‘‘covered water resources 
development law’’ means— 
(1) the Water Resources Reform and Develop-
ment Act of 2014; 
(2) the Water Resources Development Act of 
2016; 
(3) this Act; and 
(4) any Federal water resources development 
law enacted after the date of enactment of this Act. 
SEC. 115. COMPREHENSIVE BACKLOG REPORT. 
Section 1001(b)(4) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 579a(b)(4)) is amended— 
(1) in the header, by inserting ‘‘AND
OPER-
ATION AND MAINTENANCE’’ after ‘‘BACKLOG’’; 
(2) by amending subparagraph (A) to read as 
follows: 
‘‘(A) IN
GENERAL.—The Secretary shall 
compile and publish— 
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‘‘(i) a complete list of all projects and 
separable elements of projects of the Corps 
of Engineers that are authorized for con-
struction but have not been completed; and 
‘‘(ii) a list of major Federal operation 
and maintenance needs of projects and 
properties under the control of the Corps 
of Engineers.’’; 
(3) in subparagraph (B)— 
(A) in the heading, by inserting ‘‘BACK-
LOG’’ before ‘‘INFORMATION’’; and 
(B) in the matter preceding clause (i), by 
striking ‘‘subparagraph (A)’’ and inserting 
‘‘subparagraph (A)(i)’’; 
(4) by redesignating subparagraph (C) as sub-
paragraph (D) and inserting after subparagraph (B) 
the following: 
‘‘(C) REQUIRED OPERATION AND MAINTE-
NANCE INFORMATION.—The Secretary shall in-
clude on the list developed under subparagraph 
(A)(ii), for each project and property under the 
control of the Corps of Engineers on that list— 
‘‘(i) the authority under which the 
project was authorized or the property was 
acquired by the Corps of Engineers; 
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‘‘(ii) a brief description of the project 
or property; 
‘‘(iii) an estimate of the Federal costs 
to meet the major operation and mainte-
nance needs at the project or property; and 
‘‘(iv) an estimate of unmet or deferred 
operation and maintenance needs at the 
project or property.’’; and 
(5) in subparagraph (D), as so redesignated— 
(A) in clause (i), in the matter preceding 
subclause (I), by striking ‘‘Not later than 1 
year after the date of enactment of this para-
graph, the Secretary shall submit a copy of the 
list’’ and inserting ‘‘For fiscal year 2019, and 
biennially thereafter, in conjunction with the 
President’s annual budget submission to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit a copy 
of the lists’’; and 
(B) in clause (ii), by striking ‘‘list’’ and in-
serting ‘‘lists’’. 
SEC. 116. STRUCTURES AND FACILITIES CONSTRUCTED BY 
SECRETARY. 
Section 14 of the Act of March 3, 1899 (33 U.S.C. 
408) is amended by adding at the end the following: 
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‘‘(d) WORK DEFINED.—For the purposes of this sec-
tion, the term ‘work’ shall not include unimproved real es-
tate owned or operated by the Secretary as part of a water 
resources development project if the Secretary determines 
that modification of such real estate would not affect the 
function and usefulness of the project.’’. 
SEC. 117. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 
Section 1012(b)(1) of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2315a(b)(1)) 
is amended by striking ‘‘The Secretary’’ and inserting 
‘‘Not later than 1 year after the date of enactment of the 
Water Resources Development Act of 2018, the Sec-
retary’’. 
SEC. 118. STUDY OF THE FUTURE OF THE UNITED STATES 
ARMY CORPS OF ENGINEERS. 
(a) IN GENERAL.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to con-
vene a committee of experts to carry out a comprehensive 
study on— 
(1) the ability of the Corps of Engineers to 
carry out its statutory missions and responsibilities, 
and the potential effects of transferring the func-
tions (including regulatory obligations), personnel, 
assets, and civilian staff responsibilities of the Sec-
retary relating to civil works from the Department 
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of Defense to a new or existing agency or sub-agen-
cy of the Federal Government, including how such a 
transfer might affect the Federal Government’s abil-
ity to meet the current statutory missions and re-
sponsibilities of the Corps of Engineers; and 
(2) improving the Corps of Engineers’ project 
delivery processes, including recommendations for 
such improvements, taking into account factors in-
cluding— 
(A) the effect of the annual appropriations 
process on the ability of the Corps of Engineers 
to efficiently secure and carry out contracts for 
water resources projects and perform regulatory 
obligations; and 
(B) the effect that the current Corps of 
Engineers leadership and geographic structure 
at the division and district levels has on its abil-
ity to carry out its missions in a cost-effective 
manner. 
(b) CONSIDERATIONS.—The study carried out under 
subsection (a) shall include consideration of— 
(1) effects on the national security of the 
United States; 
(2) the ability of the Corps of Engineers to 
maintain sufficient engineering capability and capac-
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ity to assist ongoing and future operations of the 
United States Armed Services; and 
(3) emergency and natural disaster response 
obligations of the Federal Government that are car-
ried out by the Corps of Engineers. 
(c) CONSULTATION.—The agreement entered into 
under subsection (a) shall require the National Academy 
to, in carrying out the study, consult with— 
(1) the Department of Defense, including the 
Secretary of the Army and the Assistant Secretary 
of the Army for Civil Works; 
(2) the Department of Transportation; 
(3) the Environmental Protection Agency; 
(4) the Department of Homeland Security; 
(5) the Office of Management and Budget; 
(6) other appropriate Federal agencies; 
(7) professional and non-governmental organi-
zations; and 
(8) the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate. 
(d) SUBMISSION TO CONGRESS.—The Secretary shall 
submit the final report of the National Academy con-
taining the findings of the study carried out under sub-
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section (a) to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
not later than 2 years after the date of enactment of this 
Act. 
SEC. 119. ACKNOWLEDGMENT OF CREDIT. 
Section 7007(a) of the Water Resources Development 
Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended 
by adding at the end the following: ‘‘Notwithstanding sec-
tion 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b(a)(4)(C)(i)), the Secretary may provide 
credit for work carried out during the period beginning 
on November 8, 2007, and ending on the date of enact-
ment of the Water Resources Development Act of 2018 
by the non-Federal interest for a project under this title 
if the Secretary determines that the work is integral to 
the project and was carried out in accordance with the 
laws specified in section 5014(i)(2)(A) of the Water Re-
sources Reform and Development Act of 2014 (128 Stat. 
1331) and all other applicable Federal laws.’’. 
SEC. 120. NON-FEDERAL IMPLEMENTATION PILOT PRO-
GRAM. 
Section 1043(b)(8) of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2201 
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note(b)(8)) is amended by striking ‘‘2015 through 2019’’ 
and inserting ‘‘2019 through 2023’’. 
SEC. 121. 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) is amended— 
(1) in subsection (a)(1), by inserting ‘‘federally 
authorized’’ before ‘‘feasibility study’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) SUBMISSION TO CONGRESS.— 
‘‘(1) REVIEW AND SUBMISSION OF STUDIES TO 
CONGRESS.—Not later than 180 days after the date 
of receipt of a feasibility study of a project under 
subsection (a)(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 re-
port that describes— 
‘‘(A) the results of the Secretary’s review 
of the study under subsection (b), including a 
determination of whether the project is feasible; 
‘‘(B) any recommendations the Secretary 
may have concerning the plan or design of the 
project; and 
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‘‘(C) any conditions the Secretary may re-
quire for construction of the project. 
‘‘(2) LIMITATION.—The completion of the re-
view by the Secretary of a feasibility study that has 
been submitted under subsection (a)(1) may not be 
delayed as a result of consideration being given to 
changes in policy or priority with respect to project 
consideration.’’; and 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e) REVIEW AND TECHNICAL ASSISTANCE.— 
‘‘(1) REVIEW.—The Secretary may accept and 
expend funds provided by non-Federal interests to 
undertake reviews, inspections, certifications, and 
other activities that are the responsibility of the Sec-
retary in carrying out this section. 
‘‘(2) TECHNICAL ASSISTANCE.—At the request 
of a non-Federal interest, the Secretary may provide 
to the non-Federal interest technical assistance re-
lating 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. 
‘‘(3) LIMITATION.—Funds provided by non- 
Federal interests under this subsection shall not be 
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eligible for credit under subsection (d) or reimburse-
ment. 
‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying 
out this section, the Secretary shall ensure that the 
use of funds accepted from a non-Federal interest 
will not affect the impartial decisionmaking of the 
Secretary, either substantively or procedurally.’’. 
SEC. 122. CONSTRUCTION OF WATER RESOURCES DEVEL-
OPMENT PROJECTS BY NON-FEDERAL INTER-
ESTS. 
Section 204 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2232) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘feder-
ally authorized’’ before ‘‘water resources devel-
opment project’’; 
(B) in paragraph (2)(A), by inserting ‘‘, 
except as provided in paragraph (3)’’ before the 
semicolon; and 
(C) by adding at the end the following: 
‘‘(3) PERMIT EXCEPTION.— 
‘‘(A) IN
GENERAL.—With respect to a 
project described in subsection (a)(1) or sub-
section (a)(3), or a separable element thereof, 
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and subject to the execution of a written agree-
ment described in subparagraph (B), a non- 
Federal interest that carries out a project under 
this section shall not be required to obtain any 
Federal permits or approvals that would not be 
required if the Secretary carried out the project 
or separable element unless there are significant 
new circumstances or information relevant to 
environmental concerns or compliance since de-
velopment of the project recommendation 
‘‘(B) WRITTEN
AGREEMENT.—For pur-
poses of this paragraph, a written agreement 
shall provide that the non-Federal interest shall 
comply with the same legal and technical re-
quirements that would apply if the project or 
separable element were carried out by the Sec-
retary, including all mitigation required to off-
set environmental impacts of the project or sep-
arable element as determined by the Secretary’’; 
and 
(2) in subsection (d)(5)— 
(A) by striking ‘‘flood damage reduction’’ 
each place it appears and inserting ‘‘water re-
sources development’’; 
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(B) in subparagraph (A), by striking ‘‘for 
a discrete segment of a’’ and inserting ‘‘for car-
rying out a discrete segment of a federally au-
thorized’’; and 
(C) in subparagraph (D), in the matter 
preceding clause (i), by inserting ‘‘to be carried 
out’’ after ‘‘project’’. 
SEC. 123. ADVANCED FUNDS FOR WATER RESOURCES DE-
VELOPMENT STUDIES AND PROJECTS. 
(a) CONTRIBUTIONS
BY STATES
AND POLITICAL 
SUBDIVISIONS
FOR IMMEDIATE USE
ON AUTHORIZED 
FLOOD-CONTROL WORK; REPAYMENT.—The Act of Octo-
ber 14, 1940 (54 Stat. 1176; 33 U.S.C. 701h–1) is 
amended— 
(1) by striking ‘‘a flood-control project duly 
adopted and authorized by law’’ and inserting ‘‘a 
federally authorized water resources development 
project,’’; 
(2) by striking ‘‘such work’’ and inserting 
‘‘such project’’; 
(3) by striking ‘‘flood-control work’’ and insert-
ing ‘‘such project’’; and 
(4) by adding at the end the following: ‘‘For 
purposes of this Act, the term ‘State’ means the sev-
eral States, the District of Columbia, the common-
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wealths, territories, and possessions of the United 
States, and Indian tribes (as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5304(e))).’’. 
(b) NO ADVERSE EFFECT ON PROCESSES.—In im-
plementing any provision of law that authorizes a non- 
Federal interest to provide, advance, or contribute funds 
to the Secretary for the development or implementation 
of a water resources development project (including sec-
tions 203 and 204 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act 
of June 22, 1936 (33 U.S.C. 701h), and the Act of Octo-
ber 15, 1940 (33 U.S.C. 701h–1)), the Secretary shall en-
sure, to the maximum extent practicable, that the use by 
a non-Federal interest of such authorities does not ad-
versely affect— 
(1) the process or timeline for development and 
implementation of other water resources develop-
ment projects by other non-Federal entities that do 
not use such authorities; or 
(2) the process for including such projects in 
the President’s annual budget submission to Con-
gress under section 1105(a) of title 31, United 
States Code. 
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(c) ADVANCES BY PRIVATE PARTIES; REPAYMENT.— 
Section 11 of the Act of March 3, 1925 (33 U.S.C. 561) 
is repealed. 
SEC. 124. FUNDING TO PROCESS PERMITS. 
Section 214(a) of the Water Resources Development 
Act of 2000 (33 U.S.C. 2352(a)) is amended— 
(1) in paragraph (3), by striking ‘‘10 years’’ 
and inserting ‘‘12 years’’; and 
(2) in paragraph (5)— 
(A) by striking ‘‘4 years after the date of 
enactment of this paragraph’’ and inserting 
‘‘December 31, 2022’’; and 
(B) by striking ‘‘carry out a study’’ and in-
serting ‘‘carry out a follow-up study’’. 
SEC. 125. STUDY ON ECONOMIC AND BUDGETARY ANAL-
YSES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall enter 
into an agreement with the National Academy of Sciences 
to— 
(1) carry out a study on the economic principles 
and analytical methodologies currently used by or 
applied to the Corps of Engineers to formulate, 
evaluate, and budget for water resources develop-
ment projects; and 
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(2) make recommendations to Congress on po-
tential changes to such principles and methodologies 
to improve transparency, return on Federal invest-
ment, cost savings, and prioritization, in the formu-
lation, evaluation, and budgeting of such projects. 
(b) CONSIDERATIONS.—The study under subsection 
(a) shall include— 
(1) an analysis of the current economic prin-
ciples and analytical methodologies used by or ap-
plied to the Corps of Engineers in determining the 
total benefits and total costs during the formulation 
of, and plan selection for, a water resources develop-
ment project; 
(2) an analysis of improvements or alternatives 
to how the Corps of Engineers utilizes the National 
Economic Development, Regional Economic Develop-
ment, Environmental Quality, and Other Social Ef-
fects accounts developed by the Institute for Water 
Resources of the Corps of Engineers in the formula-
tion of, and plan selection for, such projects; 
(3) an analysis of whether such principles and 
methodologies fully account for all of the potential 
benefits of project alternatives, including any reason-
ably associated benefits of such alternatives that are 
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not contrary to law, Federal policy, or sound water 
resources management; 
(4) an analysis of whether such principles and 
methodologies fully account for all of the costs of 
project alternatives, including potential societal 
costs, such as lost ecosystem services, and full life- 
cycle costs for such alternatives; and 
(5) an analysis of the methodologies utilized by 
the Federal Government in setting and applying dis-
count rates for benefit-cost analyses used in the for-
mulation, evaluation, and budgeting of Corps of En-
gineers water resources development projects. 
(c) PUBLICATION.—The agreement entered into 
under subsection (a) shall require the National Academy 
of Sciences to, not later than 30 days after the completion 
of the study— 
(1) submit a report containing the results of 
the study and the recommendations to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives; and 
(2) make a copy of such report available on a 
publicly accessible website. 
(d) SENSE OF CONGRESS ON BUDGETARY EVALUA-
TION METRICS AND TRANSPARENCY.—It is the sense of 
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Congress that the President, in the formulation of the an-
nual budget request for the U.S. Army Corps of Engineers 
(Civil Works), should submit to Congress a budget that— 
(1) aligns the assessment of the potential ben-
efit-cost ratio for budgeting water resources develop-
ment projects with that used by the Corps of Engi-
neers during project plan formulation and evaluation 
pursuant to section 80 of the Water Resources De-
velopment Act of 1974 (42 U.S.C. 1962d–17); and 
(2) demonstrates the transparent criteria and 
metrics utilized by the President in the evaluation 
and selection of water resources development 
projects included in the budget request. 
TITLE II—STUDIES 
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 
STUDIES. 
The Secretary is authorized to conduct a feasibility 
study for the following projects for water resources devel-
opment and conservation and other purposes, as identified 
in the reports titled ‘‘Report to Congress on Future Water 
Resources Development’’ submitted to Congress on March 
17, 2017, and February 5, 2018, respectively, pursuant 
to section 7001 of the Water Resources Reform and Devel-
opment Act of 2014 (33 U.S.C. 2282d) or otherwise re-
viewed by Congress: 
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(1) CAVE BUTTES DAM, ARIZONA.—Project for 
flood risk management, Phoenix, Arizona. 
(2) SAN
DIEGO
RIVER, CALIFORNIA.—Project 
for flood risk management, navigation, and eco-
system restoration, San Diego, California. 
(3) J. BENNETT JOHNSTON WATERWAY, LOU-
ISIANA.—Project for navigation, J. Bennett John-
ston Waterway, Louisiana. 
(4) NORTHSHORE, 
LOUISIANA.—Project for 
flood risk management, St. Tammany Parish, Lou-
isiana. 
(5) OUACHITA-BLACK
RIVERS, LOUISIANA.— 
Project for navigation, Little River, Louisiana. 
(6) CHAUTAUQUA LAKE, NEW YORK.—Project 
for ecosystem restoration and flood risk manage-
ment, Chautauqua, New York. 
(7) 
TRINITY
RIVER
AND
TRIBUTARIES, 
TEXAS.—Project for navigation, Liberty, Texas. 
(8) WEST
CELL
LEVEE, TEXAS.—Project for 
flood risk management, Irving, Texas. 
(9) COASTAL VIRGINIA, VIRGINIA.—Project for 
flood risk management, ecosystem restoration, and 
navigation, Coastal Virginia. 
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(10) TANGIER ISLAND, VIRGINIA.—Project for 
flood risk management and ecosystem restoration, 
Tangier Island, Virginia. 
SEC. 202. ADDITIONAL STUDIES. 
(a) LOWER MISSISSIPPI RIVER; MISSOURI, KEN-
TUCKY, TENNESSEE, ARKANSAS, MISSISSIPPI, AND LOU-
ISIANA.— 
(1) IN GENERAL.—The Secretary is authorized 
to carry out studies to determine the feasibility of 
habitat restoration for each of the eight reaches 
identified as priorities in the report prepared by the 
Secretary pursuant to section 402 of the Water Re-
sources Development Act of 2000, titled ‘‘Lower 
Mississippi River Resource Assessment; Final As-
sessment In Response to Section 402 of WRDA 
2000’’ and dated July 2015. 
(2) CONSULTATION.—The Secretary shall con-
sult with the Lower Mississippi River Conservation 
Committee during each feasibility study carried out 
under paragraph (1). 
(b) ST. LOUIS
RIVERFRONT, MERAMEC
RIVER 
BASIN, MISSOURI AND ILLINOIS.— 
(1) IN GENERAL.—The Secretary is authorized 
to carry out studies to determine the feasibility of a 
project for ecosystem restoration and flood risk man-
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agement in Madison, St. Clair, and Monroe counties, 
Illinois, St. Louis City, and St. Louis, Jefferson, 
Franklin, Gasconade, Maries, Phelps, Crawford, 
Dent, Washington, Iron, St. Francois, St. Genevieve, 
Osage, Reynolds, and Texas counties, Missouri. 
(2) CONTINUATION OF EXISTING STUDY.—Any 
study carried out under paragraph (1) shall be con-
sidered a continuation of the study being carried out 
under Committee Resolution 2642 of the Committee 
on Transportation and Infrastructure of the House 
of Representatives, adopted June 21, 2000. 
SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CER-
TAIN PROJECTS. 
(a) FEASIBILITY REPORTS.—The Secretary shall ex-
pedite 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 de-
sign of the project: 
(1) Project for riverbank stabilization, Selma, 
Alabama. 
(2) Project for ecosystem restoration, Three 
Mile Creek, Alabama. 
(3) Project for flood diversion, Seward, Alaska. 
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(4) Project for flood control, water conserva-
tion, and related purposes, Coyote Valley Dam, Cali-
fornia. 
(5) Project for flood risk management, South 
San Francisco, California. 
(6) Project for flood risk management and eco-
system restoration, Tijuana River, California. 
(7) Project for flood risk management in East 
Hartford, Connecticut. 
(8) Project for flood risk management in Hart-
ford, Connecticut. 
(9) Projects under the Comprehensive Flood 
Mitigation Study for the Delaware River Basin. 
(10) Project for ecosystem restoration, Lake 
Apopka, Florida. 
(11) Project for ecosystem restoration, Kansas 
River Weir, Kansas. 
(12) Project for water resource improvements, 
Willamette River Basin, Fern Ridge, Oregon. 
(13) Project for navigation, Tacoma Harbor, 
Washington. 
(b) POST-AUTHORIZATION CHANGE REPORTS.—The 
Secretary shall expedite completion of a post-authorization 
change report for the following projects: 
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(1) Project for flood risk management, San 
Luis Rey River Flood Control Protection Project, 
California. 
(2) Project for flood risk management, Success 
Reservoir Enlargement Project, California. 
(3) Everglades Agricultural Area Reservoir, 
Central Everglades Planning Project, Florida. 
TITLE III—DEAUTHORIZATIONS, 
MODIFICATIONS, 
AND 
RE-
LATED PROVISIONS 
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to identify $3,000,000,000 in water re-
sources 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-Fed-
eral 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 develop-
ment projects that are no longer viable for construc-
tion; and 
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(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, au-
thorized for construction before November 8, 
2007, for which— 
(i) planning, design, or construction 
was not initiated before the date of enact-
ment of this Act; or 
(ii) planning, design, or construction 
was initiated before the date of enactment 
of this Act, but for which no funds, Fed-
eral 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 iden-
tified and included on a list to Congress for de-
authorization pursuant to section 1001(b)(2) of 
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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 so-
licit comments from the public and the Gov-
ernors of each applicable State on the interim 
deauthorization list developed under paragraph 
(1). 
(B) COMMENT PERIOD.—The public com-
ment period shall be 90 days. 
(3) SUBMISSION
TO
CONGRESS; 
PUBLICA-
TION.—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 deauthoriza-
tion 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 deauthor-
ization list in the Federal Register. 
(c) FINAL DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop 
a final deauthorization list of water resources devel-
opment projects, or separable elements of projects, 
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from the revised interim deauthorization list de-
scribed in subsection (b)(3). 
(2) DEAUTHORIZATION AMOUNT.— 
(A) PROPOSED
FINAL
LIST.—The Sec-
retary shall prepare a proposed final deauthor-
ization list of projects and separable elements of 
projects that have, in the aggregate, an esti-
mated Federal cost to complete that is at least 
$3,000,000,000. 
(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), as applied to the 
most recent project schedule and cost estimate. 
(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 ele-
ments of the projects were authorized, be-
ginning 
with 
the 
earliest 
authorized 
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projects and separable elements of projects 
and ending with the latest project or sepa-
rable element of a project necessary to 
meet the aggregate amount under para-
graph (2)(A). 
(ii) FACTORS
TO
CONSIDER.—The 
Secretary may identify projects and sepa-
rable 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 im-
pact of the project or separable element of 
the project on public health and safety, the 
national economy, or the environment. 
(iii) CONSIDERATION OF PUBLIC COM-
MENTS.—In making determinations under 
clause (ii), the Secretary shall consider any 
comments received under subsection (b)(2). 
(B) APPENDIX.—The Secretary shall in-
clude as part of the proposed final deauthoriza-
tion list an appendix that— 
(i) identifies each project or separable 
element of a project on the interim de-
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authorization list developed under sub-
section (b) that is not included on the pro-
posed final deauthorization list; and 
(ii) describes the reasons why the 
project or separable element is not in-
cluded on the proposed final list. 
(4) PUBLIC COMMENT AND CONSULTATION.— 
(A) IN GENERAL.—The Secretary shall so-
licit comments from the public and the Gov-
ernor of each applicable State on the proposed 
final deauthorization list and appendix devel-
oped under paragraphs (2) and (3). 
(B) COMMENT PERIOD.—The public com-
ment 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 para-
graph (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 
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(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 de-
authorization 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.—Notwith-
standing subparagraph (A), each project and 
separable element of a project identified in the 
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final deauthorization list shall be treated as de-
authorized for purposes of the aggregate de-
authorization amount specified in subsection 
(c)(2)(A). 
(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 Con-
gress. 
(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 sub-
section (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 fol-
lowing definitions apply: 
(A) POST-AUTHORIZATION
STUDY.—The 
term ‘‘post-authorization study’’ means— 
(i) a feasibility report developed under 
section 905 of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2282); 
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(ii) a feasibility study, as defined in 
section 105(d) of the Water Resources De-
velopment 
Act 
of 
1986 
(33 
U.S.C. 
2215(d)); or 
(iii) a review conducted under section 
216 of the Flood Control Act of 1970 (33 
U.S.C. 549a), including an initial appraisal 
that— 
(I) demonstrates a Federal inter-
est; and 
(II) requires additional analysis 
for the project or separable element. 
(B) WATER
RESOURCES
DEVELOPMENT 
PROJECT.—The term ‘‘water resources develop-
ment project’’ includes an environmental infra-
structure assistance project or program of the 
Corps of Engineers. 
(2) 
TREATMENT
OF
PROJECT
MODIFICA-
TIONS.—For purposes of this section, if an author-
ized water resources development project or sepa-
rable 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 modification. 
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SEC. 302. BACKLOG PREVENTION. 
(a) PROJECT DEAUTHORIZATION.— 
(1) IN GENERAL.—A water resources develop-
ment project, or separable element of such a project, 
authorized for construction by this Act shall not be 
authorized after the last day of the 10-year period 
beginning on the date of enactment of this Act un-
less— 
(A) funds have been obligated for construc-
tion of, or a post-authorization study for, such 
project or separable element during that period; 
or 
(B) the authorization contained in this Act 
has been modified by a subsequent Act of Con-
gress. 
(2) IDENTIFICATION OF PROJECTS.—Not later 
than 60 days after the expiration of the 10-year pe-
riod referred to in paragraph (1), the Secretary shall 
submit to the Committee on Environment and Pub-
lic 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 
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