3147 
publicly available (including on a publicly available 
website). 
(g) LEVEE SYSTEM DEFINED.—In this section, the 
term ‘‘levee system’’ has the meaning given that term in 
section 9002(9) of the Water Resources Development Act of 
2007 (33 U.S.C. 3301). 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000, to remain available until expended. 
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY. 
The National Dam Safety Program Act (33 U.S.C. 467 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INVENTORY.—The term ‘inventory’ means 
the national low-head dam inventory developed under 
subsection (b)(1)(A). 
‘‘(2) LOW-HEAD DAM.—The term ‘low-head dam’ 
means a river-wide artificial barrier that generally 
spans a stream channel, blocking the waterway and 
creating a backup of water behind the barrier, with 
a drop off over the wall of not less than 6 inches and 
not more than 25 feet. 
‘‘(b) NATIONAL LOW-HEAD DAM INVENTORY.— 
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‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary of the Army, in consultation with the heads of 
appropriate Federal and State agencies, shall— 
‘‘(A) develop an inventory of low-head dams 
in the United States that includes— 
‘‘(i) the location, ownership, descrip-
tion, current use, condition, height, and 
length of each low-head dam; 
‘‘(ii) any information on public safety 
conditions at each low-head dam; 
‘‘(iii) public safety information on the 
dangers of low-head dams; 
‘‘(iv) a directory of financial and tech-
nical assistance resources available to re-
duce safety hazards and fish passage bar-
riers at low-head dams; and 
‘‘(v) any other relevant information 
concerning low-head dams; and 
‘‘(B) submit the inventory to the Committee 
on Environment and Public Works of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives. 
‘‘(2) DATA.—In carrying out this subsection, the 
Secretary shall— 
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‘‘(A) coordinate with Federal and State 
agencies and other relevant entities; and 
‘‘(B) use data provided to the Secretary by 
those agencies and entities. 
‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall 
make the inventory publicly available, including on a 
publicly available website. 
‘‘(4) UPDATES.—The Secretary, in consultation 
with the heads of appropriate Federal and State 
agencies, shall maintain and periodically publish up-
dates to the inventory. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $30,000,000. 
‘‘(d) CLARIFICATION.—Nothing in this section provides 
authority to the Secretary to carry out an activity, with 
respect to a low-head dam, that is not explicitly authorized 
under this section.’’. 
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGI-
NEERS FACILITIES. 
Section 1008 of the Water Resources Reform and De-
velopment Act of 2014 (33 U.S.C. 2321b) is amended— 
(1) in subsection (b)(1), by inserting ‘‘and to 
meet the requirements of subsection (b)’’ after 
‘‘projects’’; 
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(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) IMPLEMENTATION
OF POLICY.—The Secretary 
shall— 
‘‘(1) ensure that the policy described in sub-
section (a) is implemented nationwide in an efficient, 
consistent, and coordinated manner; and 
‘‘(2) assess opportunities— 
‘‘(A) to increase the development of hydro-
electric power at existing water resources devel-
opment projects of the Corps of Engineers with 
hydroelectric facilities; and 
‘‘(B) to develop new hydroelectric power at 
existing nonpowered water resources development 
projects of the Corps of Engineers.’’. 
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RE-
SOURCES DEVELOPMENT PROJECTS. 
(a) IN GENERAL.—In carrying out military training 
activities or otherwise fulfilling military training require-
ments, units or members of a reserve component of the 
Armed Forces may perform services and furnish supplies 
in support of a water resources development project or pro-
gram of the Corps of Engineers without reimbursement. 
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(b) EXCEPTION.—This section shall not apply to any 
member of a reserve component of the Armed Forces who 
is employed by the Corps of Engineers on a full-time basis. 
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN 
OFFICERS FROM APPROPRIATION FOR IM-
PROVEMENTS. 
Section 36 of the Act of August 10, 1956 (33 U.S.C. 
583a), is amended— 
(1) by striking ‘‘Regular officers of the Corps of 
Engineers of the Army, and reserve officers of the 
Army who are assigned to the Corps of Engineers,’’ 
and inserting the following: 
‘‘(a) IN GENERAL.—The personnel described in sub-
section (b)’’; and 
(2) by adding at the end the following: 
‘‘(b) PERSONNEL DESCRIBED.—The personnel referred 
to in subsection (a) are the following: 
‘‘(1) Regular officers of the Corps of Engineers of 
the Army. 
‘‘(2) The following members of the Army who are 
assigned to the Corps of Engineers: 
‘‘(A) Reserve component officers. 
‘‘(B) Warrant officers (whether regular or 
reserve component). 
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‘‘(C) Enlisted members (whether regular or 
reserve component).’’. 
SEC. 8126. MAINTENANCE DREDGING PERMITS. 
(a) IN GENERAL.—The Secretary shall, to the max-
imum extent practicable, prioritize the reissuance of any 
regional general permit for maintenance dredging under 
section 404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344) that expired prior to May 1, 2021. 
(b) SAVINGS PROVISION.—Nothing in this section af-
fects any obligation to comply with the provisions of any 
Federal or State environmental law, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.); and 
(3) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
SEC. 8127. ENVIRONMENTAL DREDGING. 
(a) IN GENERAL.—In carrying out the following 
projects, the Secretary shall, to the maximum extent prac-
ticable, coordinate efforts with the applicable non-Federal 
interest, the Administrator of the Environmental Protection 
Agency, and the heads of other Federal, State, and regional 
agencies responsible for the remediation of contaminated 
sediments: 
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(1) The project for ecosystem restoration, South 
Fork of the South Branch of the Chicago River, Bub-
bly Creek, Illinois, authorized by section 401(5) of the 
Water Resources Development Act of 2020 (134 Stat. 
2740). 
(2) The project for navigation, Columbia and 
Lower Willamette Rivers, Oregon and Washington, 
authorized by section 101 of the River and Harbor 
Act of 1962 (76 Stat. 1177), in the vicinity of the 
Albina Turning Basin, River Mile 10, and the Post 
Office Bar, Portland Harbor, River Mile 2. 
(3) The project for aquatic ecosystem restoration, 
Mahoning River, Ohio, being carried out under sec-
tion 206 of the Water Resources Development Act of 
1996 (33 U.S.C. 2330). 
(4) The project for navigation, South Branch of 
the Chicago River, Cook County, Illinois, in the vicin-
ity of Collateral Channel. 
(5) The projects carried out under the Com-
prehensive Everglades Restoration Plan, as authorized 
by or pursuant to section 601 of the Water Resources 
Development Act of 2000 (114 Stat. 2680; 132 Stat. 
3786), in the vicinity of Lake Okeechobee. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this section, the Secretary 
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and the Administrator of the Environmental Protection 
Agency shall jointly submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate a report on efforts to remove or remediate con-
taminated sediments associated with the projects identified 
in subsection (a), including, if applicable, any specific rec-
ommendations for actions or agreements necessary to un-
dertake such work. 
(c) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to affect the rights 
and responsibilities of any person under the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.). 
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC 
DISPOSAL FACILITIES. 
(a) AUTHORITY.—The Secretary is authorized to con-
duct assessments of the availability of confined aquatic dis-
posal facilities for the disposal of contaminated dredged ma-
terial. 
(b) INFORMATION AND COMMENT.—In conducting an 
assessment under this section, the Secretary shall— 
(1) solicit information from stakeholders on po-
tential projects that may require disposal of contami-
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nated sediments in a confined aquatic disposal facil-
ity; 
(2) solicit information from the applicable divi-
sion of the Corps of Engineers on the need for con-
fined aquatic disposal facilities; and 
(3) provide an opportunity for public comment. 
(c) NEW ENGLAND DISTRICT REGION ASSESSMENT.— 
In carrying out subsection (a), the Secretary shall prioritize 
conducting an assessment of the availability of confined 
aquatic disposal facilities in the New England District re-
gion for the disposal of contaminated dredged material in 
such region. 
(d) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on 
the results of any assessments conducted under this section, 
including any recommendations of the Secretary for the 
construction of new confined aquatic disposal facilities or 
expanded capacity for confined aquatic disposal facilities. 
(e) DEFINITION.—In this section, the term ‘‘New Eng-
land District region’’ means the area located within the 
boundaries of the New England District in the North Atlan-
tic Division of the Corps of Engineers. 
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SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT. 
(a) IN GENERAL.—Section 156 of the Water Resources 
Development Act of 1976 (42 U.S.C. 1962d–5f) is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘15’’ and 
inserting ‘‘50’’; and 
(B) in paragraph (2), by striking ‘‘15’’; and 
(2) in subsection (e)— 
(A) by striking ‘‘10-year period’’ and in-
serting ‘‘16-year period’’; and 
(B) by striking ‘‘6 years’’ and inserting ‘‘12 
years’’. 
(b) INDIAN RIVER INLET SAND BYPASS PLANT.—For 
purposes of the project for hurricane-flood protection and 
beach erosion control at Indian River Inlet, Delaware, com-
monly known as the ‘‘Indian River Inlet Sand Bypass 
Plant’’, authorized by section 869 of the Water Resources 
Development Act of 1986 (100 Stat. 4182), a study carried 
out under section 156(b) of the Water Resources Develop-
ment Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider 
as an alternative for periodic nourishment continued reim-
bursement of the Federal share of the cost to the non-Federal 
interest for the project to operate and maintain the sand 
bypass plant. 
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SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MAN-
AGEMENT PLANS. 
(a) STRATEGIC
PLAN
ON
BENEFICIAL
USE
OF 
DREDGED MATERIAL.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, 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 strategic plan that identifies opportunities 
and challenges relating to furthering the policy of the 
United States to maximize the beneficial use of suit-
able dredged material obtained from the construction 
or operation and maintenance of water resources de-
velopment projects, as described in section 125(a)(1) 
of the Water Resources Development Act of 2020 (33 
U.S.C. 2326g). 
(2) CONSULTATION.—In developing the strategic 
plan under paragraph (1), the Secretary shall— 
(A) consult with relevant Federal agencies 
involved in the beneficial use of dredged mate-
rial; 
(B) solicit and consider input from State 
and local governments and Indian Tribes, while 
seeking to ensure a geographic diversity of input 
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from the various Corps of Engineers divisions; 
and 
(C) consider input received from other 
stakeholders involved in beneficial use of dredged 
material. 
(3) INCLUSION.—The Secretary shall include in 
the strategic plan developed under paragraph (1)— 
(A) identification of any specific barriers 
and conflicts that the Secretary determines im-
pede the maximization of beneficial use of 
dredged material at the Federal, State, and local 
level, and any recommendations of the Secretary 
to address such barriers and conflicts; 
(B) identification of specific measures to 
improve interagency and Federal, State, local, 
and Tribal communications and coordination to 
improve implementation of section 125(a) of the 
Water Resources Development Act of 2020 (33 
U.S.C. 2326g); and 
(C) identification of methods to prioritize 
the use of dredged material to benefit water re-
sources development projects in areas experi-
encing vulnerabilities to coastal land loss. 
(b) DREDGED MATERIAL MANAGEMENT PLANS FOR 
HARBORS IN THE STATE OF OHIO.— 
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(1) IN GENERAL.— 
(A) FORMULATION OF PLAN.—In developing 
each dredged material management plan for a 
federally authorized harbor in the State of Ohio, 
including any such plan under development on 
the date of enactment of this Act, each District 
Commander shall include, as a constraint on the 
formulation of the base plan and any alter-
natives, a prohibition consistent with section 105 
of the Energy and Water Development and Re-
lated Agencies Appropriations Act, 2022 (Public 
Law 117–103; 136 Stat. 217) on the use of funds 
for open-lake disposal of dredged material. 
(B) MAXIMIZATION OF BENEFICIAL USE.— 
Each dredged material management plan for a 
federally authorized harbor in the State of Ohio, 
including any such dredged material manage-
ment plan under development on the date of en-
actment of this Act, shall maximize the beneficial 
use of dredged material under the base plan and 
under section 204(d) of the Water Resources De-
velopment Act of 1992 (33 U.S.C. 2326(d)). 
(2) SAVINGS PROVISION.—Nothing in this sub-
section prohibits the use of funds for open-lake dis-
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posal of dredged material if such use is not otherwise 
prohibited by law. 
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAIN-
TENANCE OF SMALL, REMOTE, AND SUBSIST-
ENCE HARBORS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall develop 
specific criteria for the annual evaluation and ranking of 
maintenance dredging requirements for small harbors and 
remote and subsistence harbors, taking into account the fol-
lowing: 
(1) The contribution of a harbor to the local and 
regional economy. 
(2) The extent to which a harbor has deteriorated 
since the last cycle of maintenance dredging. 
(3) Public safety concerns. 
(b) INCLUSION IN GUIDANCE.—The Secretary shall in-
clude the criteria developed under subsection (a) in the an-
nual Civil Works Direct Program Development Policy 
Guidance of the Secretary. 
(c) REPORT TO CONGRESS.—The Secretary shall in-
clude in each biennial report submitted under section 
210(e)(3) of the Water Resources Development Act of 1986 
(33 U.S.C. 2238(e)(3)) a ranking of projects in accordance 
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with the criteria developed under subsection (a) of this sec-
tion. 
(d) DEFINITIONS.—In this section: 
(1) REMOTE AND SUBSISTENCE HARBOR.—The 
term ‘‘remote and subsistence harbor’’ means a harbor 
with respect to which section 2006 of the Water Re-
sources Development Act of 2007 (33 U.S.C. 2242) 
applies, as determined by the Secretary. 
(2) SMALL HARBOR.—The term ‘‘small harbor’’ 
includes an emerging harbor, as such term is defined 
in section 210 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238). 
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED 
COMMUNITY HARBORS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations designated by statute as being for the purpose of 
carrying out this section, the Secretary may carry out 
projects for underserved community harbors for purposes of 
sustaining water-dependent commercial and recreational 
activities at such harbors. 
(b) BENEFICIAL USE.— 
(1) JUSTIFICATION.—The Secretary may carry 
out a project under this section involving a disposal 
option for the beneficial use of dredged material that 
is not the least cost disposal option if the Secretary 
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determines that the incremental cost of the disposal 
option is reasonable pursuant to the standard de-
scribed in section 204(d)(1) of the Water Resources 
Development Act of 1992 (33 U.S.C. 2326(d)(1)). 
(2) COST SHARE.—The non-Federal share of the 
incremental cost of a project carried out under this 
section involving a disposal option for the beneficial 
use of dredged material that is not the least cost dis-
posal option shall be determined as provided under 
subsections (a) through (d) of section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213). 
(c) PRIORITIZATION.—The Secretary shall prioritize 
carrying out projects using funds made available under this 
section based on an assessment of— 
(1) the local or regional economic benefits of the 
project; 
(2) the environmental benefits of the project, in-
cluding the benefits to the aquatic environment to be 
derived from the creation of wetland and control of 
shoreline erosion; and 
(3) other social effects of the project, including 
protection against loss of life and contributions to 
local or regional cultural heritage. 
(d) CLARIFICATION.—The Secretary shall not require 
the non-Federal interest for a project carried out under this 
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section to perform additional operation and maintenance 
activities at the beneficial use placement site or the disposal 
site for such project as a condition of receiving assistance 
under this section. 
(e) FEDERAL PARTICIPATION LIMIT.—The Federal 
share of the cost of a project under this section shall not 
exceed $10,000,000. 
(f) STATUTORY CONSTRUCTION.—Projects carried out 
under this section shall be in addition to operation and 
maintenance activities otherwise carried out by the Sec-
retary for underserved community harbors using funds ap-
propriated pursuant to section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238) or section 102(a) 
of the Water Resources Development Act of 2020 (33 U.S.C. 
2238 note). 
(g) DEFINITIONS.—In this section: 
(1) PROJECT.—The term ‘‘project’’ means a sin-
gle cycle of maintenance dredging of an underserved 
community harbor and any associated placement of 
dredged material at a beneficial use placement site or 
disposal site. 
(2) UNDERSERVED
COMMUNITY
HARBOR.—The 
term ‘‘underserved community harbor’’ means an 
emerging harbor (as defined in section 210(f) of the 
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Water Resources Development Act of 1986 (33 U.S.C. 
2238(f))) for which— 
(A) no Federal funds have been obligated for 
maintenance dredging in the current fiscal year 
or in any of the 4 preceding fiscal years; and 
(B) State and local investments in infra-
structure have been made during any of the 4 
preceding fiscal years. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $50,000,000 from 
the General Fund of the Treasury for each of fiscal 
years 2023 through 2026, to be deposited into the 
‘‘CORPS
OF
ENGINEERS—CIVIL—OPERATION
AND 
MAINTENANCE’’ account. 
(2) SPECIAL RULE.—Not less than 35 percent of 
the amounts made available to carry out this section 
for each fiscal year shall be used for projects involving 
the beneficial use of dredged material. 
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT 
PROGRAM. 
(a) IN GENERAL.—The Secretary is authorized to es-
tablish a pilot program (referred to in this section as the 
‘‘pilot program’’) to conduct a multiyear demonstration 
program to award contracts with a duration of up to 5 
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years for dredging projects on inland waterways of the 
United States described in section 206 of the Inland Water-
ways Revenue Act of 1978 (33 U.S.C. 1804). 
(b) PURPOSES.—The purposes of the pilot program 
shall be to— 
(1) increase the reliability, availability, and effi-
ciency of federally owned and federally operated in-
land waterways projects; 
(2) decrease operational risks across the inland 
waterways system; and 
(3) provide cost savings by combining work 
across multiple projects across different accounts of 
the Corps of Engineers. 
(c) DEMONSTRATION.— 
(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, award contracts for 
projects under subsection (a) that combine work for 
construction and operation and maintenance. 
(2) PROJECTS.—In awarding contracts under 
paragraph (1), the Secretary shall consider projects 
that— 
(A) improve navigation reliability on in-
land waterways that are accessible year-round; 
(B) increase freight capacity on inland wa-
terways; and 
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(C) have the potential to enhance the avail-
ability of containerized cargo on inland water-
ways. 
(d) SAVINGS CLAUSE.—Nothing in this section affects 
the responsibility of the Secretary with respect to the con-
struction and operation and maintenance of projects on the 
inland waterways system. 
(e) REPORT TO CONGRESS.—Not later than 1 year 
after the date on which the first contract is awarded pursu-
ant to the pilot program, 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 evaluates, with 
respect to the pilot program and any contracts awarded 
under the pilot program— 
(1) cost-effectiveness; 
(2) reliability and performance; 
(3) cost savings attributable to mobilization and 
demobilization of dredge equipment; and 
(4) response times to address navigational im-
pediments. 
(f) SUNSET.—The authority of the Secretary to enter 
into contracts pursuant to the pilot program shall expire 
on the date that is 10 years after the date of enactment 
of this Act. 
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SEC. 8134. NEPA REPORTING. 
(a) DEFINITIONS.—In this section: 
(1) CATEGORICAL EXCLUSION.—The term ‘‘cat-
egorical exclusion’’ has the meaning given the term in 
section 1508.1 of title 40, Code of Federal Regulations 
(or a successor regulation). 
(2) ENVIRONMENTAL
ASSESSMENT.—The term 
‘‘environmental assessment’’ has the meaning given 
the term in section 1508.1 of title 40, Code of Federal 
Regulations (or a successor regulation). 
(3) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘‘environmental impact statement’’ means a de-
tailed written statement required under section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
(4) FINDING OF NO SIGNIFICANT IMPACT.—The 
term ‘‘finding of no significant impact’’ has the 
meaning given the term in section 1508.1 of title 40, 
Code of Federal Regulations (or a successor regula-
tion). 
(5) PROJECT STUDY.—The term ‘‘project study’’ 
means a feasibility study for a project carried out 
pursuant to section 905 of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2282) for which a cat-
egorical exclusion may apply, or an environmental 
assessment or an environmental impact statement is 
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required, pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) REPORTS.— 
(1) NEPA DATA.— 
(A) IN
GENERAL.—The Secretary shall 
carry out a process to track, and annually sub-
mit 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 containing the infor-
mation described in subparagraph (B). 
(B) INFORMATION DESCRIBED.—The infor-
mation referred to in subparagraph (A) is, with 
respect to the Corps of Engineers— 
(i) the number of project studies for 
which a categorical exclusion was used dur-
ing the reporting period; 
(ii) the number of project studies for 
which the decision to use a categorical ex-
clusion, to prepare an environmental assess-
ment, or to prepare an environmental im-
pact statement is pending on the date on 
which the report is submitted; 
(iii) the number of project studies for 
which an environmental assessment was 
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3169 
issued during the reporting period, broken 
down by whether a finding of no significant 
impact, if applicable, was based on mitiga-
tion; 
(iv) the length of time the Corps of En-
gineers took to complete each environmental 
assessment described in clause (iii); 
(v) the number of project studies pend-
ing on the date on which the report is sub-
mitted for which an environmental assess-
ment is being drafted; 
(vi) the number of project studies for 
which an environmental impact statement 
was issued during the reporting period; 
(vii) the length of time the Corps of 
Engineers took to complete each environ-
mental impact statement described in clause 
(vi); and 
(viii) the number of project studies 
pending on the date on which the report is 
submitted for which an environmental im-
pact statement is being drafted. 
(2) PUBLIC
ACCESS
TO
NEPA
REPORTS.—The 
Secretary shall make each annual report required 
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3170 
under paragraph (1) publicly available (including on 
a publicly available website). 
SEC. 8135. FUNDING TO PROCESS PERMITS. 
Section 214(a)(2) of the Water Resources Development 
Act of 2000 (33 U.S.C. 2352(a)(2)) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(B) MITIGATION BANK INSTRUMENT PROC-
ESSING.—An activity carried out by the Sec-
retary to expedite evaluation of a permit de-
scribed in subparagraph (A) may include the 
evaluation of an instrument for a mitigation 
bank if— 
‘‘(i) the non-Federal public entity, 
public-utility company, natural gas com-
pany, or railroad carrier applying for the 
permit described in that subparagraph is 
the sponsor of the mitigation bank; and 
‘‘(ii) expediting evaluation of the in-
strument is necessary to expedite evaluation 
of the permit described in that subpara-
graph.’’. 
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