II 
Calendar No. 488 
115TH CONGRESS 
2D SESSION 
H. R. 8 
IN THE SENATE OF THE UNITED STATES 
JUNE 11, 2018 
Received 
JUNE 26, 2018 
Read twice and placed on the calendar 
AN ACT 
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. 
Sec. 2. Secretary defined. 
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TITLE I—GENERAL PROVISIONS 
Sec. 101. Sense of Congress regarding water resources development bills. 
Sec. 102. Assessment of harbors and inland harbors. 
Sec. 103. Levee safety initiative reauthorization. 
Sec. 104. Dam safety. 
Sec. 105. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 106. Forecast-informed reservoir operations. 
Sec. 107. Identification of nonpowered dams for hydropower development. 
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. Technical assistance for regional coalitions. 
Sec. 124. Advanced funds for water resources development studies and projects. 
Sec. 125. Funding to process permits. 
Sec. 126. Study on economic and budgetary analyses. 
Sec. 127. Study of corrosion management at Corps of Engineers projects. 
Sec. 128. Costs in excess of Federal participation limit. 
Sec. 129. Report on innovative materials. 
Sec. 130. Study on Corps of Engineers. 
Sec. 131. GAO study. 
Sec. 132. GAO report on Alaska Native village relocation efforts due to flooding 
and erosion threats. 
Sec. 133. Study and report on expediting certain waiver processes. 
Sec. 134. Corps of Engineers continuing authorities program. 
Sec. 135. Credit or reimbursement. 
Sec. 136. Lake Okeechobee regulation schedule review. 
Sec. 137. Missouri River. 
Sec. 138. Access to real estate data. 
Sec. 139. Aquatic invasive species research. 
Sec. 140. Harmful algal bloom technology demonstration. 
Sec. 141. Bubbly Creek, Chicago ecosystem restoration. 
Sec. 142. Operation and maintenance of navigation and hydroelectric facilities. 
Sec. 143. Hurricane and storm damage reduction. 
Sec. 144. Post-disaster watershed assessments in the territories of the United 
States. 
Sec. 145. Old River control structure, Louisiana. 
Sec. 146. Dredge pilot program. 
Sec. 147. Disposition of projects. 
Sec. 148. Sense of Congress. 
Sec. 149. Community engagement. 
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Sec. 150. Operation and maintenance of existing infrastructure. 
Sec. 151. Clarification for integral determination. 
Sec. 152. Cost share payment for certain projects. 
Sec. 153. Locks on Allegheny River. 
Sec. 154. Assistance relating to water supply. 
Sec. 155. Noise pollution abatement and mitigation. 
Sec. 156. Property acquisition. 
Sec. 157. Sense of Congress on navigation safety. 
Sec. 158. Cost and benefit feasibility assessment. 
Sec. 159. Study on Stormwater Runoff Requirements. 
Sec. 160. Sense of Congress relating to Puerto Rico. 
Sec. 161. Dredged material management plans. 
Sec. 162. Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers 
Project, Illinois. 
Sec. 163. Sense of Congress encouraging non-Federal dredged material place-
ment sponsors. 
Sec. 164. Project completion for disaster areas. 
Sec. 165. Inclusion of project or facility in Corps of Engineers workplan. 
Sec. 166. Mississippi River and Tributaries Project. 
Sec. 167. Maintenance of high risk flood control projects. 
Sec. 168. Contributed funds for non-Federal reservoir operations. 
Sec. 169. Corps of Engineers continuing authorities program. 
TITLE II—STUDIES 
Sec. 201. Authorization of proposed feasibility studies. 
Sec. 202. Additional studies. 
Sec. 203. Expedited completion of reports for certain projects. 
Sec. 204. Plymouth Harbor, Massachusetts. 
Sec. 205. Brandon Road study. 
Sec. 206. Houston and Coastal Texas. 
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. 
Sec. 310. Yuba River Basin, California. 
Sec. 311. Boston harbor reserved channel deauthorizations. 
Sec. 312. Continued authorization of certain projects. 
Sec. 313. Puget sound nearshore ecosystem restoration. 
Sec. 314. Land conveyance. 
Sec. 315. Cedar River, Cedar Rapids, Iowa. 
Sec. 316. Corps of Engineers bridge repair and divestiture program for New 
England evacuation routes. 
Sec. 317. Port of Whitman County. 
Sec. 318. Hampton Harbor, New Hampshire, navigation improvement project. 
Sec. 319. Portsmouth Harbor and Piscataqua River. 
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TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Project authorizations. 
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. ASSESSMENT OF HARBORS AND INLAND HAR-
BORS. 
Section 210(e) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238) is amended— 
(1) in paragraph (1), by striking ‘‘shall assess 
the’’ and inserting ‘‘shall assess, and issue a report 
to Congress on, the’’; and 
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(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).’’. 
SEC. 103. 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. 104. 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’’. 
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SEC. 105. REHABILITATION OF CORPS OF ENGINEERS CON-
STRUCTED DAMS. 
Section 1177 of the Water Resources Development 
Act of 2016 (33 U.S.C. 467f–2 note) is amended— 
(1) in subsection (e), by striking ‘‘$10,000,000’’ 
and inserting ‘‘$40,000,000’’; and 
(2) in subsection (f), by striking ‘‘$10,000,000’’ 
and inserting ‘‘$40,000,000’’. 
SEC. 106. 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 
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; 
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(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. 107. IDENTIFICATION OF NONPOWERED DAMS FOR 
HYDROPOWER DEVELOPMENT. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this section, the Secretary shall 
develop a list of existing nonpowered dams owned and op-
erated by the Corps of Engineers that have the greatest 
potential for hydropower development. 
(b) CONSIDERATIONS.—In developing the list under 
subsection (a), the Secretary may consider the following: 
(1) The compatibility of hydropower generation 
with existing purposes of the dam. 
(2) The proximity of the dam to existing trans-
mission resources. 
(3) The existence of studies to characterize en-
vironmental, cultural, and historic resources relating 
to the dam. 
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(4) Whether hydropower is an authorized pur-
pose of the dam. 
(c) AVAILABILITY.—The Secretary shall provide the 
list developed under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate, and make such list available to 
the public. 
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 
‘‘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 
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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, water stor-
age, or water reuse. 
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— 
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(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 
(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; 
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(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 
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 ‘‘a 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-
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ing ‘‘an Indian tribe, as defined in section 4(e) of the In-
dian 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-
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-
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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: 
(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. 
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(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 
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 
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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— 
(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 
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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 
(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-
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(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— 
‘‘(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)— 
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(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; 
‘‘(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— 
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(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: 
‘‘(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)) 
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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 
of Defense to a new or existing agency or subagency 
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— 
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(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; 
(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; and 
(C) the effect of the frequency of rotations 
of senior leaders of the Corps of Engineers and 
how such frequency affects the function of the 
district. 
(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-
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. 
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(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 nongovernmental organiza-
tions; 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-
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. 
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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) of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2201 note) is 
amended— 
(1) in paragraph (3)(A)(i)— 
(A) in the matter preceding subclause 
(I)— 
(i) by striking ‘‘15’’ and inserting 
‘‘20’’; and 
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(ii) by striking ‘‘prior to the date of 
enactment of this Act’’; 
(B) in subclause (I)— 
(i) in the matter preceding item (aa), 
by inserting ‘‘that have been authorized for 
construction prior to the date of enactment 
of this Act and’’ after ‘‘not more than 12 
projects’’; and 
(ii) in item (bb), by striking ‘‘; and’’ 
and inserting a semicolon; 
(C) in subclause (II)— 
(i) by inserting ‘‘that have been au-
thorized for construction prior to the date 
of enactment of this Act and’’ after ‘‘not 
more than 3 projects’’; and 
(ii) by striking the semicolon and in-
serting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(III) not more than 5 projects 
that have been authorized for con-
struction, but did not receive the au-
thorization prior to the date of enact-
ment of this Act;’’; and 
(2) in subsection (b)(8) by striking ‘‘2015 
through 2019’’ and inserting ‘‘2019 through 2023’’. 
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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 
‘‘(C) any conditions the Secretary may re-
quire for construction of the project. 
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‘‘(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 shall 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 
eligible for credit under subsection (d) or reimburse-
ment. 
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‘‘(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.—For a project de-
scribed in subsection (a)(1) or subsection 
(a)(3), or a separable element thereof, with re-
spect to which a written agreement described in 
subparagraph (B) has been entered into, a non- 
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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 significant new cir-
cumstances or information relevant to environ-
mental concerns or compliance have arisen since 
development 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. 
‘‘(C) 
CERTIFICATIONS.—Notwithstanding 
subparagraph (A), if a non-Federal interest car-
rying out a project under this section would, in 
the absence of a written agreement entered into 
under this paragraph, be required to obtain a 
certification from a State under Federal law to 
carry out the project, such certification shall 
still be required if a written agreement is en-
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