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SEC. 161. REVIEW OF BENEFITS. 
When reviewing requests for repair or restoration of 
a flood risk management project under the authority of 
section 5(a)(1) of the Act of August 18, 1941, (33 U.S.C. 
701n(a)(1)), the Army Corps of Engineers is authorized 
to consider all benefits to the public that may accrue from 
the proposed rehabilitation work, including, flood risk 
management, navigation, recreation, and ecosystem res-
toration. 
SEC. 162. FEDERAL COST LIMITATION OF ECOSYSTEM RES-
TORATION COSTS FOR CERTAIN PROJECTS. 
Section 506(c) of the Water Resources Development 
Act of 2000 is amended by adding at the end the fol-
lowing: 
‘‘(5) A project carried out pursuant to this sub-
section may include compatible recreation features 
as determined by the Secretary, except that the Fed-
eral cost of such features may not exceed 10 percent 
of the ecosystem restoration costs of the project.’’. 
SEC. 163. LOCAL FLOOD PROTECTION WORKS. 
(1) IN GENERAL.—Permission for alterations by 
a non-Federal interest to a Federal levee, floodwall, 
or flood risk management channel project and asso-
ciated features may be granted by a District Engi-
neer of the Department of the Army or an author-
ized representative. 
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(2) TIMELY APPROVAL OF PERMITS.—On the 
date that is 120 days after the date on which the 
Secretary receives an application for a permit pursu-
ant to section 14 of the Act of March 3, 1899 (com-
monly known as the ‘‘Rivers and Harbors Appro-
priation Act of 1899’’) (33 U.S.C. 408), the applica-
tion shall be approved if— 
(A) the Secretary has not made a deter-
mination on the approval or disapproval of the 
application; and 
(B) the plans detailed in the application 
were prepared and certified by a professional 
engineer licensed by the State in which the 
project is located. 
SEC. 164. FLOOD MITIGATION AND RIVERINE RESTORA-
TION PROGRAM. 
The Secretary shall expedite carrying out the projects 
listed under paragraphs (29) through (33) of section 
212(e) of the Water Resources Development Act of 1999 
(33 U.S.C. 2332(e)) and is authorized to proceed to con-
struction on such any such project if the Chief of Engi-
neers determines the project is feasible. 
SEC. 165. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary— 
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(1) shall include a 60-day public comment pe-
riod for a Table Rock Lake Master Plan and Table 
Rock Lake Shoreline Management Plan revision; 
and 
(2) shall not finalize a revision for the Table 
Rock Lake Master Plan and Table Rock Lake 
Shoreline Management Plan during the 5-year pe-
riod beginning on the date of enactment of this Act. 
(b) SHORELINE USE PERMITS.—During the period 
described in subsection (a)(2), the Secretary shall lift or 
suspend the moratorium on the issuance of new, and modi-
fications to existing, shoreline use permits based on the 
existing Table Rock Lake Master Plan and Table Rock 
Lake Shoreline Management Plan. 
(c) STUDY.— 
(1) IN GENERAL.—The Secretary shall— 
(A) carry out a study on the need to revise 
permit fees relating to Table Rock Lake to bet-
ter reflect the cost of issuing those fees and 
achieve cost savings; and 
(B) submit to Congress a report on the re-
sults of the study described in subparagraph 
(A). 
(2) REQUIREMENT.—The Secretary shall com-
plete the study under paragraph (1)(A) before 
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adopting any revision to the Table Rock Lake Shore-
line Management Plan. 
SEC. 166. ADJUSTMENT TO COST BENEFIT RATIO. 
For any navigation project carried out by the Army 
Corps of Engineers with non-Federal funds, the Secretary 
may, after completion of any portion of the authorized 
project, adjust the authorized benefit cost ratio. 
SEC. 167. LAND TRANSFER AND TRUST LAND FOR THE 
MUSCOGEE (CREEK) NATION. 
(a) TRANSFER.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and for the consideration described in subsection (c), 
the Secretary shall transfer to the Secretary of the 
Interior the land described in subsection (b) to be 
held in trust for the benefit of the Muscogee (Creek) 
Nation. 
(2) CONDITIONS.—The land transfer under this 
subsection shall be subject to the following condi-
tions: 
(A) The transfer— 
(i) shall not interfere with the Corps 
of Engineers operation of the Eufaula 
Lake Project or any other authorized civil 
works projects; and 
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(ii) shall be subject to such other 
terms and conditions as the Secretary de-
termines to be necessary and appropriate 
to ensure the continued operation of the 
Eufaula Lake Project or any other author-
ized civil works project. 
(B) The Secretary shall retain the right to 
inundate with water the land transferred to the 
Secretary of the Interior under this subsection, 
as necessary to carry out an authorized purpose 
of the Eufaula Lake Project or any other civil 
works project. 
(C) No gaming activities may be conducted 
on the land transferred under this subsection. 
(b) LAND DESCRIPTION.— 
(1) IN GENERAL.—The land to be transferred 
pursuant to subsection (a) is the approximately 
18.38 acres of land located in the Northwest Quar-
ter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., 
McIntosh County, Oklahoma, generally depicted as 
‘‘USACE’’ on the map entitled ‘‘Muscogee (Creek) 
Nation Proposed Land Acquisition’’ and dated Octo-
ber 16, 2014. 
(2) SURVEY.—The exact acreage and legal de-
scription of the land to be transferred under sub-
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section (a) shall be determined by a survey satisfac-
tory to the Secretary and the Secretary of the Inte-
rior. 
(c) CONSIDERATION.—The Muscogee (Creek) Nation 
shall pay— 
(1) to the Secretary an amount that is equal to 
the fair market value of the land transferred under 
subsection (a), as determined by the Secretary, 
which funds may be accepted and expended by the 
Secretary; and 
(2) all costs and administrative expenses associ-
ated with the transfer of land under subsection (a), 
including the costs of— 
(A) the survey under subsection (b)(2); 
(B) compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(C) any coordination necessary with re-
spect to requirements related to endangered 
species, cultural resources, clean water, and 
clean air. 
SEC. 168. LAKE KEMP, TEXAS. 
Section 3149(a) of the Water Resources Development 
Act of 2007 is amended— 
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(1) by striking ‘‘2020’’ and inserting ‘‘2025’’; 
and 
(2) by striking ‘‘this Act’’ and inserting ‘‘the 
Water Resources Development Act of 2016’’. 
SEC. 169. COASTAL TEXAS ECOSYSTEM PROTECTION AND 
RESTORATION, TEXAS. 
In carrying out the comprehensive planning author-
ized by section 4091 of the Water Resources Development 
Act of 2007 (Public Law 110–114; 121 Stat. 1187), the 
Secretary shall consider studies, data, and information de-
veloped by the Gulf Coast Community Protection and Re-
covery District to expedite completion of the plan. 
SEC. 170. CORPS LEVEES THAT AFFECT COMMUNITY- 
OWNED LEVEES. 
Where Federally owned and operated levees increase 
flood risk and compromise the accreditation of commu-
nity-owned local flood protection systems, it shall be the 
policy of the Corps of Engineers to act expeditiously with 
actions required to authorize, fund, identify, and imple-
ment improvements to reduce and negate negative impacts 
to community-owned flood protection system accredita-
tion. 
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SEC. 171. CORROSION PREVENTION. 
Section 1033 of the Water Resources Reform and De-
velopment Act of 2014 (33 U.S.C. 2350) is amended by 
adding at the end the following: 
‘‘(d) REPORT.—Not later than 1 year after the date 
of enactment of this subsection, and annually thereafter, 
the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives a report on the corrosion prevention ac-
tivities encouraged under this section that includes— 
‘‘(1) a description of the actions the Secretary 
has taken to implement this section; and 
‘‘(2) a description of the projects utilizing cor-
rosion prevention activities, including which activi-
ties were undertaken.’’. 
SEC. 172. NORTH ATLANTIC COASTAL REGION. 
Section 4009 of the Water Resources Reform and De-
velopment Act of 2014 (Public Law 113–121; 128 Stat. 
1316) is amended— 
(1) in subsection (a) by striking ‘‘a study to de-
termine the feasibility of carrying out projects’’ and 
inserting ‘‘a comprehensive assessment and manage-
ment plan’’; 
(2) in subsection (b)— 
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(A) in the subsection heading by striking 
‘‘STUDY’’ and inserting ‘‘ASSESSMENT
AND 
PLAN’’; and 
(B) in the matter preceding paragraph (1), 
by striking ‘‘study’’ and inserting ‘‘assessment 
and plan’’; and 
(3) in subsection (c)(1) by striking ‘‘study’’ and 
inserting ‘‘assessment and plan’’. 
SEC. 173. ACQUISITION OF BEACH FILL. 
Section 935 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2299) is amended by striking ‘‘if such 
materials are not available from domestic sources for envi-
ronmental or economic reasons’’. 
SEC. 174. PRIORITIZATION OF CERTAIN PROJECTS. 
The Secretary shall give priority to a project for flood 
risk management if— 
(1) there is an executed project partnership 
agreement for the project; and 
(2) the project is located in an area— 
(A) in which there has been a loss of life 
due to flood events; and 
(B) with respect to which the President 
has declared that a major disaster or emergency 
exists under section 401 of the Robert T. Staf-
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ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170). 
SEC. 175. WATERCRAFT INSPECTION STATIONS. 
Section 104 of the River and Harbor Act of 1958 
(33 U.S.C. 610) is amended— 
(1) in subsection (d)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary may establish, operate, and main-
tain new or existing watercraft inspection stations to 
protect the Columbia River Basin to be located in 
the States of Idaho, Montana, Oregon, and Wash-
ington at locations, as determined by the Secretary 
in consultation with such States with the highest 
likelihood of preventing the spread of aquatic 
invasive species at reservoirs operated and main-
tained by the Secretary. The Secretary shall also as-
sist the States referred to in this paragraph with 
rapid response of any Quagga or Zebra mussel infes-
tation.’’. 
(B) in paragraph (3) by inserting ‘‘Gov-
ernors of the’’ before ‘‘States’’; and 
(2) in subsection (e) by striking paragraph (3) 
and inserting the following: 
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‘‘(3) assist the States in early detection of 
Quagga and Zebra mussels;’’. 
SEC. 176. GULF COAST OYSTER BED RECOVERY ASSESS-
MENT. 
(a) DEFINITIONS.—In this section: 
(1) GULF
STATES.—The term ‘‘Gulf States’’ 
means each of the States of Alabama, Florida, Lou-
isiana, Mississippi, and Texas. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(b) GULF COAST OYSTER BED RECOVERY ASSESS-
MENT.—The Secretary, in coordination with the Gulf 
States, shall conduct an assessment relating to the recov-
ery of oyster beds on the coast of Gulf States that were 
damaged by events including— 
(1) Hurricane Katrina in 2005; 
(2) the Deepwater Horizon oil spill in 2010; 
and 
(3) floods in 2011 and 2016. 
(c) INCLUSION.—The assessment conducted under 
subsection (b) shall address the beneficial use of dredged 
material in providing substrate for oyster bed develop-
ment. 
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(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report on the 
assessment conducted under subsection (b). 
SEC. 177. WATER INFRASTRUCTURE FINANCE AND INNOVA-
TION. 
(a) PROJECTS ELIGIBLE FOR ASSISTANCE.—Section 
5026(6) of the Water Infrastructure Finance and Innova-
tion Act of 2014 (33 U.S.C. 3905(6)) is amended by strik-
ing ‘‘or a water recycling project’’ and inserting ‘‘a water 
recycling project, or a project of the Corps of Engineers 
to provide alternative water supplies to reduce aquifer de-
pletion’’. 
(b) CREDIT.—Section 5029(b) of the Water Infra-
structure Finance and Innovation Act of 2014 (33 U.S.C. 
3908(b)) is amended by adding at the end the following: 
‘‘(10) CREDIT.—With respect to a project of 
the Corps of Engineers to provide alternative water 
supplies to reduce aquifer depletion, any eligible 
project costs incurred and the value of any integral 
in-kind contributions made before receipt of assist-
ance under this subtitle shall be credited toward the 
51 percent of project costs to be provided by sources 
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of funding other than a secured loan under this sub-
title (as described in paragraph (2)(A)).’’. 
SEC. 178. FLOOD MITIGATION AND RIERINE RESTORATION 
PROGRAM. 
The Secretary shall expedite carrying out the project 
for flood risk management, Brays Bayou, Texas, author-
ized by item 6 in section 211(f) of the Water Resources 
Development Act of 1996 (Public Law 104–303). 
SEC. 179. INITIATING WORK ON SEPARABLE ELEMENTS. 
With respect to a water resources development 
project that has received construction funds in the pre-
vious 6-year period, for purposes of initiating work on a 
separable element of the project— 
(1) no new start or new investment decision 
shall be required; and 
(2) the work shall be treated as ongoing work. 
SEC. 180. LOWER BOIS D’ARC CREEK RESERVOIR PROJECT, 
FANNIN COUNTY, TEXAS. 
(a) FINALIZATION REQUIRED.—Not later than Sep-
tember 30, 2017, the Secretary shall finalize all permit 
decisions and publish all decision documents related to the 
construction of, impoundment of water in, and operation 
of, the Lower Bois d’Arc Creek Reservoir Project, includ-
ing any associated water transmission facilities, by the 
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North Texas Municipal Water District in Fannin County, 
Texas. 
(b) INTERIM REPORT.—Not later than June 30, 
2017, the Secretary shall report to Congress on the status 
of the permit decisions and related documents described 
in subsection (a) and whether or not the Secretary antici-
pates being able to meet the deadline established in such 
subsection, including, if applicable, a justification of why 
the Secretary may fail to meet such deadline. 
SEC. 181. CONSIDERATION OF USE OF NATURAL AND NA-
TURE-BASED FEATURE. 
In carrying out the design, construction, mainte-
nance, repair, and rehabilitation of development projects, 
including flood risk reduction, coastal resiliency, and eco-
system restoration projects, the Secretary shall ensure 
that appropriate consideration is given to the use of nat-
ural and nature-based features. 
SEC. 182. RECREATIONAL ACCESS. 
Section 1035 of the Water Resources Reform and De-
velopment Act of 2014 (Public Law 113–121; 128 Stat. 
1234) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) RECREATIONAL ACCESS.—The Secretary shall 
allow the use of a floating cabin on waters under the juris-
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diction of the Secretary in the Cumberland River basin 
if— 
‘‘(1) the floating cabin— 
‘‘(A) is in compliance with, and maintained 
by the owner to satisfy the requirements of, 
regulations for recreational vessels, including 
health and safety standards, issued under chap-
ter 43 of title 46, United States Code, and sec-
tion 312 of the Federal Water Pollution Control 
Act (33 U.S.C. 1322); and 
‘‘(B) is located at a marina leased by the 
Corps of Engineers; and 
‘‘(2) the Secretary has authorized the use of 
recreational vessels on such waters.’’; and 
(2) by adding at the end the following: 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
may be construed to authorize the Secretary to im-
pose requirements on a floating cabin or on any fa-
cility that serves a floating cabin, including marinas 
or docks located on waters under the jurisdiction of 
the Secretary in the Cumberland River basin, that 
are different or more stringent than the require-
ments imposed on all recreational vessels authorized 
to use such waters. 
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‘‘(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) VESSEL.—The term ‘vessel’ has the 
meaning given that term in section 3 of title 1, 
United States Code. 
‘‘(B) REQUIREMENT.—The term ‘require-
ment’ includes a requirement imposed through 
the utilization of guidance.’’. 
SEC. 183. NO WAKE ZONES FOR VESSELS. 
(a) IN GENERAL.—The Secretary shall work with 
State and local officials to establish a no wake zone for 
vessels in a covered navigation channel if— 
(1) State or local law enforcement officers have 
documented that there exist safety hazards that are 
a direct result of excessive wakes in the channel; 
(2) a State law has been enacted to establish a 
no wake zone for the channel or waters adjacent to 
the channel; and 
(3) the no wake zone complies with any rec-
ommendation made by the Commandant of the 
Coast Guard to ensure the safety of vessels oper-
ating in the zone and the safety of the passengers 
and crew aboard such vessels. 
(b) EXCEPTION.—A no wake zone established pursu-
ant to this section shall not apply to the operation of a 
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towing vessel, as defined in section 2101 of title 46, 
United States Code. 
(c) COVERED NAVIGATION CHANNEL.—In this sec-
tion, the term ‘‘covered navigation channel’’ means a navi-
gation channel that— 
(1) is federally marked or maintained; 
(2) is part of the Atlantic Intracoastal Water-
way; and 
(3) is adjacent to a marina. 
SEC. 184. ICE JAM PREVENTION AND MITIGATION. 
(a) IN GENERAL.—The Secretary may carry out 
projects under section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s), including planning, design, con-
struction, and monitoring of structural and nonstructural 
technologies and measures for preventing and mitigating 
flood damages associated with ice jams. 
(b) INCLUSION.—The projects described in sub-
section (a) may include the development and demonstra-
tion of cost-effective technologies and designs developed in 
consultation with— 
(1) the Cold Regions Research and Engineering 
Laboratory of the Corps of Engineers; 
(2) universities; 
(3) Federal, State, and local agencies; and 
(4) private organizations. 
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SEC. 185. TRIBAL CONSULTATION. 
(a) REVIEW.—Not later than 60 days after the date 
of enactment of this Act, the Secretary shall begin a re-
view of the policies, regulations, and guidance related to 
conducting meaningful consultation with Indian tribes re-
garding Corps of Engineers flood control, environmental 
restoration, and other projects or requiring the Corps of 
Engineers to approve a permit that may have an impact 
on tribal cultural or natural resources. 
(b) CONTENTS.—The review required under sub-
section (a) shall examine and assess the following: 
(1) How tribal consultation rules apply to the 
permitting process, especially for projects not on 
tribal lands but which may still be continguous to 
such lands or affect tribal cultural and natural re-
sources. 
(2) How the Corps of Engineers defines mean-
ingful consultation. 
(3) Whether the current process adequately 
considers tribal interests including environmental, 
social, health and well-being of tribal members. 
(4) How the Corps of Engineers informs tribes 
that it will not consider concerns or alternatives 
raised during the consultation process. 
(5) How the Corps of Engineers determines a 
project’s impact on tribal communities including the 
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Corps ability to protect cultural and natural re-
sources such as water. 
(6) The specific situations by which tribes have 
access to high level Corps of Engineers officials such 
as the Assistant Secretary of the Army (Civil 
Works) and the Chief of Engineers to dispute or 
otherwise direct concerns about pending Corps of 
Engineers projects or permits, including examples of 
instances in which the Corps of Engineers provided 
such access as part of its consultation with a tribe 
regarding a particular project. 
(7) The role of headquarters in overseeing trib-
al consultation being done at the District and Divi-
sion levels. 
(8) The effectiveness of the dispute resolution 
process that has been developed to elevate tribal con-
cerns to higher levels of Corps of Engineers over-
sight and review. 
(9) Whether the Corps should undertake a rule-
making process related to its tribal consultation poli-
cies and procedures. 
(c) CONSULTATION.—In completing the review re-
quired under subsection (a), the Secretary shall provide 
for public and private meetings with Indian tribes and 
other stakeholders. 
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(d) REPORT.—Not later than 1 year after beginning 
the review under subsection (a), the Secretary shall submit 
to Congress, and publish in the Federal Register, a report 
on— 
(1) the results of the review; 
(2) any proposed changes to the tribal consulta-
tion policies determined necessary as a result of the 
review; and 
(3) if the Secretary determines that no changes 
to the tribal consultation policies are necessary, the 
justification for such determination. 
SEC. 186. STRUCTURAL HEALTH MONITORING. 
(a) IN GENERAL.—The Secretary shall design and 
develop a structural health monitoring program to assess 
and improve the condition of infrastructure constructed 
and maintained by the Corps of Engineers, including re-
search, design, and development of systems and frame-
works for— 
(1) response to flood and earthquake events; 
(2) pre-disaster mitigation measures; 
(3) lengthening the useful life of the infrastruc-
ture; and 
(4) identifying risks due to sea level rise. 
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(b) CONSULTATION AND CONSIDERATION.—In devel-
oping the program under subsection (a), the Secretary 
shall— 
(1) consult with academic and other experts; 
and 
(2) consider models for maintenance and repair 
information, the development of degradation models 
for real-time measurements and environmental in-
puts, and research on qualitative inspection data as 
surrogate sensors. 
SEC. 
187. 
EXPEDITED 
COMPLETION 
OF 
AUTHORIZED 
PROJECT FOR FLOOD CONTROL. 
The Secretary shall expedite the completion of the 
project for flood control, Chicagoland Underflow Plan, Illi-
nois, phase 2, as authorized by section 3(a)(5) of the 
Water Resources Development Act of 1988 (Public Law 
100–676; 102 Stat. 4013) and modified by section 319 
of the Water Resources Development Act of 1996 (Public 
Law 104–303; 110 Stat. 3715) and section 501 of the 
Water Resources Development Act of 1999 (Public Law 
106–53; 113 Stat. 334). 
SEC. 188. CAMERON COUNTY, TEXAS. 
(a) RELEASE.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall execute and 
file in the appropriate office a deed of release, amended 
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HR 5303 RDS
(I) South 42° 47′ 10″ West, a distance of 
161.01 feet to an angle point of the tract herein 
described. 
(J) South 42° 47′ 10″ West, a distance of 
144.66 feet to a point for the beginning of a 
tangent curve to the right. 
(K) Westerly, along said tangent curve to 
the right having a radius of 310.00 feet, a cen-
tral angle of 59° 50′ 28″, a chord of South 72° 
42′ 24″ West – 309.26 feet, and an arc length 
of 323.77 feet to an angle point of the tract 
herein described. 
(L) North 77° 22′ 21″ West, a distance of 
591.41 feet to the intersection of said parallel 
line with the edge of fill adjacent to the easterly 
edge of the Texas City Turning Basin for the 
southwesterly corner of the tract herein de-
scribed, from which a found U.S. Army Corps 
of Engineers Brass Cap stamped ‘‘SWAN 2’’ 
set in the top of a concrete column set flush in 
the ground along the north bank of Swan Lake 
bears South 20° 51′ 58″ West, a distance of 
4,862.67 feet. 
(4) Thence, over and across said City of Texas 
City Survey and along the edge of fill adjacent to 
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