I 
114TH CONGRESS 
2D SESSION 
H. R. 5303 
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 23, 2016 
Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GIBBS, and Mrs. NAPOLITANO) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Natural Resources, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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 2016’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Sense of Congress regarding Water Resources Development Acts. 
Sec. 102. Training and employment for veterans and members of Armed Forces 
in curation and historic preservation. 
Sec. 103. Youth service and conservation corps organizations. 
Sec. 104. Navigation safety. 
Sec. 105. Emerging harbors. 
Sec. 106. Federal breakwaters and jetties. 
Sec. 107. Donor ports and energy transfer ports. 
Sec. 108. Use of Harbor Maintenance Trust Fund to support navigation. 
Sec. 109. Beneficial use of dredged material. 
Sec. 110. Reservoir sediment. 
Sec. 111. Contributed funds for reservoir operations. 
Sec. 112. Water supply conservation. 
Sec. 113. Interstate compacts. 
Sec. 114. Nonstructural alternatives. 
Sec. 115. Operation and maintenance of environmental protection and restora-
tion and aquatic ecosystem restoration projects. 
Sec. 116. Estuary restoration. 
Sec. 117. Great Lakes fishery and ecosystem restoration. 
Sec. 118. Corps of Engineers operation of unmanned aircraft systems. 
Sec. 119. Federal dredge fleet. 
Sec. 120. Corps of Engineers assets. 
Sec. 121. Funding to process permits. 
Sec. 122. Credit in lieu of reimbursement. 
Sec. 123. Clarification of contributions during emergency events. 
Sec. 124. Study of water resources development projects by non-Federal inter-
ests. 
Sec. 125. Non-Federal construction of authorized flood damage reduction 
projects. 
Sec. 126. Multistate activities. 
Sec. 127. Regional participation assurance for levee safety activities. 
Sec. 128. Participation of non-Federal interests. 
Sec. 129. Indian tribes. 
Sec. 130. Dissemination of information on the annual report process. 
Sec. 131. Scope of projects. 
Sec. 132. Preliminary feasibility study activities. 
Sec. 133. Post-authorization change reports. 
Sec. 134. Maintenance dredging data. 
Sec. 135. Electronic submission and tracking of permit applications. 
Sec. 136. Data transparency. 
Sec. 137. Backlog prevention. 
Sec. 138. Quality control. 
Sec. 139. Budget development and prioritization. 
TITLE II—STUDIES 
Sec. 201. Authorization of proposed feasibility studies. 
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Sec. 202. Expedited completion of reports for certain projects. 
TITLE III—DEAUTHORIZATIONS AND RELATED PROVISIONS 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Valdez, Alaska. 
Sec. 303. Los Angeles County Drainage Area, Los Angeles County, California. 
Sec. 304. Sutter Basin, California. 
Sec. 305. Essex River, Massachusetts. 
Sec. 306. Port of Cascade Locks, Oregon. 
Sec. 307. Central Delaware River, Philadelphia, Pennsylvania. 
Sec. 308. Rivercenter, Philadelphia, Pennsylvania. 
Sec. 309. Joe Pool Lake, Texas. 
Sec. 310. Salt Creek, Graham, Texas. 
Sec. 311. Texas City Ship Channel, Texas City, Texas. 
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 ACTS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Corps of Engineers constructs projects 
for the purposes of navigation, flood control, beach 
erosion control and shoreline protection, hydro-
electric power, recreation, water supply, environ-
mental protection, restoration, and enhancement, 
and fish and wildlife mitigation. 
(2) The Corps of Engineers is the primary Fed-
eral provider of outdoor recreation in the United 
States. 
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(3) The Corps of Engineers owns and operates 
more than 600 dams. 
(4) The Corps of Engineers operates and main-
tains 12,000 miles of commercial inland navigation 
channels. 
(5) The Corps of Engineers dredges more than 
200,000,000 cubic yards of construction and mainte-
nance dredge material annually. 
(6) The Corps of Engineers maintains 926 
coastal, Great Lakes, and inland harbors. 
(7) The Corps of Engineers restores, creates, 
enhances, or preserves tens of thousands of acres of 
wetlands annually under the Corps’ Regulatory Pro-
gram. 
(8) The Corps of Engineers provides a total 
water supply storage capacity of 329,200,000 acre- 
feet in major Corps lakes. 
(9) The Corps of Engineers owns and operates 
24 percent of United States hydropower capacity or 
3 percent of the total electric capacity of the United 
States. 
(10) The Corps of Engineers supports Army 
and Air Force installations. 
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(11) The Corps of Engineers provides technical 
and construction support to more than 100 coun-
tries. 
(12) The Corps of Engineers manages an Army 
military construction program that carried out ap-
proximately 
$44,600,000,000 
in 
construction 
projects (the largest construction effort since World 
War II) between 2006 and 2013. 
(13) The Corps of Engineers researches and de-
velops technologies to protect the environment and 
enhance quality of life in the United States. 
(14) The legislation for authorizing Corps of 
Engineers projects is the Water Resources Develop-
ment Act and, between 1986 and 2000, Congress 
typically enacted an authorization bill every 2 years. 
(15) Since 2000, only 3 Water Resources De-
velopment Acts have been enacted. 
(16) In 2014, the Water Resources Reform and 
Development Act of 2014 was enacted, which accel-
erated the infrastructure project delivery process, 
fostered fiscal responsibility, and strengthened water 
transportation networks to promote the competitive-
ness, prosperity, and economic growth of the United 
States. 
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(17) Section 1001 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282c) requires typical Corps of Engineers project 
feasibility studies to be completed in 3 years. 
(18) Section 7001 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282d) requires the Corps of Engineers to submit 
annually a Report to Congress on Future Water Re-
sources Development, which ensures projects and ac-
tivities proposed at the local, regional, and State lev-
els are considered for authorization. 
(19) Passing Water Resources Development 
Acts on a routine basis enables Congress to exercise 
oversight, ensures the Corps of Engineers maintains 
an appropriately sized portfolio, prevents project 
backlog, and keeps United States infrastructure 
competitive. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the missions of the Corps of Engineers are 
a unique function that benefits all Americans; 
(2) water resources development projects are 
critical to maintaining economic prosperity, national 
security, and environmental protection; 
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(3) Congress has required timely delivery of 
project and study authorization proposals from non- 
Federal project sponsors and the Corps of Engi-
neers; and 
(4) Congress should consider a Water Re-
sources Development Act at least once every Con-
gress. 
SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS 
AND 
MEMBERS 
OF 
ARMED 
FORCES 
IN 
CURATION AND HISTORIC PRESERVATION. 
Using available funds, the Secretary, acting through 
the Chief of Engineers, shall carry out a Veterans’ 
Curation Program to train and hire veterans and members 
of the Armed Forces to assist the Secretary in carrying 
out curation and historic preservation activities. 
SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS OR-
GANIZATIONS. 
Section 213 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2339) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS 
ORGANIZATIONS.—The Secretary shall, to the maximum 
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extent practicable, enter into cooperative agreements with 
qualified youth service and conservation corps organiza-
tions for services relating to projects under the jurisdiction 
of the Secretary and shall do so in a manner that ensures 
the maximum participation and opportunities for such or-
ganizations.’’. 
SEC. 104. NAVIGATION SAFETY. 
The Secretary shall use section 5 of the Act of March 
4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to 
carry out navigation safety activities at those projects eli-
gible for operation and maintenance under section 204(f) 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2232(f)). 
SEC. 105. EMERGING HARBORS. 
Section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) is amended— 
(1) in subsection (c)(3) by striking ‘‘for each of 
fiscal years 2015 through 2022’’ and inserting ‘‘for 
each fiscal year’’; and 
(2) in subsection (d)(1)(A)— 
(A) in the matter preceding clause (i) by 
striking ‘‘For each of fiscal years 2015 through 
2024’’ and inserting ‘‘For each fiscal year’’; 
(B) in clause (i) by striking ‘‘90’’ and in-
serting ‘‘Not more than 90’’; and 
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(C) in clause (ii) by striking ‘‘10’’ and in-
serting ‘‘At least 10’’. 
SEC. 106. FEDERAL BREAKWATERS AND JETTIES. 
(a) IN GENERAL.—The Secretary shall, at Federal 
expense, establish an inventory and conduct an assessment 
of the general structural condition of all Federal break-
waters and jetties protecting harbors and inland harbors 
within the United States. 
(b) CONTENTS.—The inventory and assessment car-
ried out under subsection (a) shall include— 
(1) compiling location information for all Fed-
eral breakwaters and jetties protecting harbors and 
inland harbors within the United States; 
(2) determining the general structural condition 
of each breakwater and jetty; 
(3) analyzing the potential risks to navigational 
safety, and the impact on the periodic maintenance 
dredging needs of protected harbors and inland har-
bors, resulting from the general structural condition 
of each breakwater and jetty; and 
(4) estimating the costs, for each breakwater 
and jetty, to restore or maintain the breakwater or 
jetty to authorized levels and the total of all such 
costs. 
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(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
submit to Congress a report on the results of the inventory 
and assessment carried out under subsection (a). 
SEC. 107. DONOR PORTS AND ENERGY TRANSFER PORTS. 
Section 2106(a)(2)(B) of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2238c(a)(2)(B)) is amended by striking ‘‘$15,000,000’’ 
and inserting ‘‘$5,000,000’’. 
SEC. 108. USE OF HARBOR MAINTENANCE TRUST FUND TO 
SUPPORT NAVIGATION. 
(a) AVAILABILITY OF AMOUNTS.—Section 210 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2238) is amended— 
(1) in the section heading by striking ‘‘Author-
ization of appropriations’’ and inserting ‘‘Funding 
for harbor navigation’’; 
(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 
2027 AND THEREAFTER.— 
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‘‘(1) USE
OF
FUNDS.—In addition to the 
amounts appropriated under subsections (a) and (b), 
there shall be available to the Secretary, out of the 
Harbor Maintenance Trust Fund, without further 
appropriation, for fiscal year 2027 and each fiscal 
year thereafter, such sums as may be necessary to 
carry out the purposes of subsection (a)(2). 
‘‘(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this subsection shall remain 
available until expended.’’. 
(b) CONFORMING AMENDMENTS.—Section 210 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2238) 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 
‘‘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)’’. 
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SEC. 109. BENEFICIAL USE OF DREDGED MATERIAL. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall establish 
a pilot program to carry out projects for the beneficial 
use of dredged material, including projects for the pur-
poses of— 
(1) reducing storm damage to property and in-
frastructure; 
(2) promoting public safety; 
(3) protecting, restoring, and creating aquatic 
ecosystem habitats; 
(4) stabilizing stream systems and enhancing 
shorelines; 
(5) promoting recreation; and 
(6) supporting risk management adaptation 
strategies. 
(b) PROJECT SELECTION.—In carrying out the pilot 
program, the Secretary shall— 
(1) identify for inclusion in the pilot program 
and carry out 10 projects for the beneficial use of 
dredged material; 
(2) consult with relevant State agencies in se-
lecting projects; and 
(3) select projects solely on the basis of— 
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(A) the environmental, economic, and so-
cial benefits of the projects, including monetary 
and nonmonetary benefits; and 
(B) the need for a diversity of project 
types and geographical project locations. 
(c) REGIONAL BENEFICIAL USE TEAMS.— 
(1) IN
GENERAL.—In carrying out the pilot 
program, the Secretary shall establish regional bene-
ficial use teams to identify and assist in the imple-
mentation of projects under the pilot program. 
(2) COMPOSITION.— 
(A) LEADERSHIP.—For each regional ben-
eficial use team established under paragraph 
(1), the Secretary shall appoint the Commander 
of the relevant division of the Corps of Engi-
neers to serve as the head of the team. 
(B) MEMBERSHIP.—The membership of 
each regional beneficial use team shall in-
clude— 
(i) representatives of relevant Corps 
of Engineers districts and divisions; 
(ii) representatives of relevant State 
and local agencies; and 
(iii) representatives of Federal agen-
cies and such other entities as the Sec-
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retary determines appropriate, consistent 
with the purposes of this section. 
(d) CONSIDERATIONS.—The Secretary shall carry out 
the pilot program in a manner that— 
(1) maximizes the beneficial placement of 
dredged material from Federal and non-Federal 
navigation channels; 
(2) incorporates, to the maximum extent prac-
ticable, 2 or more Federal navigation, flood control, 
storm damage reduction, or environmental restora-
tion projects; 
(3) coordinates the mobilization of dredges and 
related equipment, including through the use of such 
efficiencies in contracting and environmental permit-
ting as can be implemented under existing laws and 
regulations; 
(4) fosters Federal, State, and local collabora-
tion; 
(5) implements best practices to maximize the 
beneficial use of dredged sand and other sediments; 
and 
(6) ensures that the use of dredged material is 
consistent with all applicable environmental laws. 
(e) COST SHARING.—Projects carried out under this 
section shall be subject to the cost sharing requirements 
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applicable to projects carried out under section 204 of the 
Water Resources Development Act of 1992 (33 U.S.C. 
2326). 
(f) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and annually thereafter, the Sec-
retary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report that includes— 
(1) a description of the projects selected to be 
carried out under the pilot program; 
(2) documentation supporting each of the 
projects selected; 
(3) the findings of regional beneficial use teams 
regarding project selection; and 
(4) any recommendations of the Secretary or 
regional beneficial use teams with respect to the 
pilot program. 
(g) TERMINATION.—The pilot program shall termi-
nate after completion of the 10 projects carried out pursu-
ant to subsection (b)(1). 
(h) EXEMPTION FROM OTHER STANDARDS.—The 
projects carried out under this section shall be carried out 
notwithstanding the definition of the term ‘‘Federal stand-
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ard’’ in section 335.7 of title 33, Code of Federal Regula-
tions. 
(i) CLARIFICATION.—Section 156(e) of the Water 
Resources Development Act of 1976 (42 U.S.C. 1962d– 
5f(e)) is amended by striking ‘‘3’’ and inserting ‘‘6’’. 
SEC. 110. RESERVOIR SEDIMENT. 
(a) IN GENERAL.—Section 215 of the Water Re-
sources Development Act of 2000 (33 U.S.C. 2326c) is 
amended to read as follows: 
‘‘SEC. 215. RESERVOIR SEDIMENT. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Water Resources Develop-
ment Act of 2016 and after providing public notice, the 
Secretary shall establish, using available funds, a pilot 
program to accept services provided by a non-Federal in-
terest or commercial entity for removal of sediment cap-
tured behind a dam owned or operated by the United 
States and under the jurisdiction of the Secretary for the 
purpose of restoring the authorized storage capacity of the 
project concerned. 
‘‘(b) REQUIREMENTS.—In carrying out this section, 
the Secretary shall— 
‘‘(1) review the services of the non-Federal in-
terest or commercial entity to ensure that the serv-
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ices are consistent with the authorized purposes of 
the project concerned; 
‘‘(2) ensure that the non-Federal interest or 
commercial entity will indemnify the United States 
for, or has entered into an agreement approved by 
the Secretary to address, any adverse impact to the 
dam as a result of such services; 
‘‘(3) require the non-Federal interest or com-
mercial entity, prior to initiating the services and 
upon completion of the services, to conduct sediment 
surveys to determine the pre- and post-services sedi-
ment profile and sediment quality; and 
‘‘(4) limit the number of dams for which serv-
ices are accepted to 10. 
‘‘(c) LIMITATION.— 
‘‘(1) IN GENERAL.—The Secretary may not ac-
cept services under subsection (a) if the Secretary, 
after consultation with the Chief of Engineers, de-
termines that accepting the services is not advan-
tageous to the United States. 
‘‘(2) REPORT TO CONGRESS.—If the Secretary 
makes a determination under paragraph (1), the 
Secretary shall provide to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
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Public Works of the Senate written notice describing 
the reasoning for the determination. 
‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In ex-
change for providing services under subsection (a), a non- 
Federal interest or commercial entity is authorized to re-
tain, use, recycle, sell, or otherwise dispose of any sedi-
ment removed in connection with the services and the 
Corps of Engineers may not seek any compensation for 
the value of the sediment. 
‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to ac-
cepting services provided by a non-Federal interest or 
commercial entity under this section, the Secretary shall 
provide 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 
written notice of the acceptance of the services. 
‘‘(f) REPORT TO CONGRESS.—Upon completion of 
services at the 10 dams allowed under subsection (b)(4), 
the Secretary shall make publicly available and submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report docu-
menting the results of the services.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Water Resources Development Act 
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of 2000 is amended by striking the item relating to section 
215 and inserting the following: 
‘‘215. Reservoir sediment.’’. 
SEC. 111. CONTRIBUTED FUNDS FOR RESERVOIR OPER-
ATIONS. 
Section 5 of the Act of June 22, 1936 (49 Stat. 1572, 
chapter 688; 33 U.S.C. 701h), is amended by inserting 
after ‘‘authorized purposes of the project:’’ the following: 
‘‘Provided further, That the Secretary is authorized to re-
ceive and expend funds from a State or a political subdivi-
sion thereof, and other non-Federal interests, to formu-
late, review, or revise operational documents for any res-
ervoir for which the Secretary is authorized to prescribe 
regulations for the use of storage allocated for flood risk 
management or navigation pursuant to section 7 of the 
Act of December 22, 1944 (58 Stat. 890, chapter 665; 
33 U.S.C. 709):’’. 
SEC. 112. WATER SUPPLY CONSERVATION. 
(a) IN GENERAL.—In a State in which a drought 
emergency has been declared or was in effect during the 
1-year period ending on the date of enactment of this Act, 
the Secretary is authorized— 
(1) to conduct an evaluation for purposes of ap-
proving water supply conservation measures that are 
consistent with the authorized purposes of water re-
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sources development projects under the jurisdiction 
of the Secretary; and 
(2) to enter into agreements with non-Federal 
interests to carry out the conservation measures ap-
proved by such evaluations. 
(b) ELIGIBILITY.—Water supply conservation meas-
ures evaluated under subsection (a) may include the fol-
lowing: 
(1) Storm water capture. 
(2) Releases for ground water replenishment or 
aquifer storage and recovery. 
(3) Releases to augment water supply at an-
other Federal or non-Federal storage facility. 
(4) Other conservation measures that enhance 
usage of a Corps of Engineers project for water sup-
ply. 
(c) COSTS.—A non-Federal interest shall pay only the 
separable costs associated with the evaluation, implemen-
tation, operation, and maintenance of an approved water 
supply conservation measure, which payments may be ac-
cepted and expended by the Corps of Engineers to cover 
such costs. 
(d) STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to modify or alter the obligations 
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of a non-Federal interest under existing or future agree-
ments for— 
(1) water supply storage pursuant to section 
301 of the Water Supply Act of 1958 (43 U.S.C. 
390b); or 
(2) surplus water use pursuant to section 6 of 
the Act of December 22, 1944 (58 Stat. 890, chap-
ter 665; 33 U.S.C. 708). 
(e) LIMITATIONS.—Nothing in this section— 
(1) affects, modifies, or changes the authorized 
purposes of a Corps of Engineers project; 
(2) affects existing Corps of Engineers authori-
ties, including its authorities with respect to naviga-
tion, flood damage reduction, and environmental 
protection and restoration; 
(3) affects the Corps of Engineers ability to 
provide for temporary deviations; 
(4) affects the application of a cost-share re-
quirement under section 101, 102, or 103 of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2211, 2212, and 2213); 
(5) supersedes or modifies any written agree-
ment between the Federal Government and a non- 
Federal interest that is in effect on the date of en-
actment of this Act; 
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(6) supersedes or modifies any amendment to 
an existing multistate water control plan, including 
those water control plans along the Missouri River 
and those water control plans in the Apalachicola- 
Chattahoochee-Flint and Alabama-Coosa-Tallapoosa 
basins; 
(7) affects any water right in existence on the 
date of enactment of this Act; or 
(8) preempts or affects any State water law or 
interstate compact governing water. 
SEC. 113. INTERSTATE COMPACTS. 
Section 301 of the Water Supply Act of 1958 (43 
U.S.C. 390b) is amended by striking subsection (f). 
SEC. 114. NONSTRUCTURAL ALTERNATIVES. 
Section 5(a)(1) of the Act of August 18, 1941 (55 
Stat. 650, chapter 377; 33 U.S.C. 701n(a)(1)), is amend-
ed by striking ‘‘if requested’’ each place that it appears 
and inserting ‘‘after consultation with the non-Federal 
sponsor and if requested and agreed to’’. 
SEC. 115. OPERATION AND MAINTENANCE OF ENVIRON-
MENTAL PROTECTION AND RESTORATION 
AND 
AQUATIC 
ECOSYSTEM 
RESTORATION 
PROJECTS. 
(a) NON-FEDERAL OBLIGATIONS.—Notwithstanding 
section 103(j) of the Water Resources Development Act 
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of 1986 (33 U.S.C. 2213(j)), a non-Federal interest is re-
leased from any obligation to operate and maintain the 
nonstructural and nonmechanical components of a water 
resources development project carried out for the purposes 
of environmental protection and restoration or aquatic 
ecosystem restoration, including a project carried out 
under section 206 of the Water Resources Development 
Act of 1996 (33 U.S.C. 2330) or section 1135 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2309a), if the Secretary determines that— 
(1) the 50-year period that began on the date 
on which project construction was completed has 
concluded; or 
(2) the criteria identified in the guidance issued 
under subsection (c) have been met with respect to 
the project. 
(b) FEDERAL OBLIGATIONS.—The Secretary is not 
responsible for the operation or maintenance of any 
project with respect to which a non-Federal interest is re-
leased from obligations under subsection (a). 
(c) GUIDANCE.—In consultation with non-Federal in-
terests, and not later than 1 year after the date of enact-
ment of this Act, the Secretary shall issue guidance that 
identifies criteria for determining, using the best available 
science, when the purpose of a project for environmental 
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protection and restoration or aquatic ecosystem restora-
tion has been achieved, including criteria for determining 
when a project has resulted in the return of the project 
location to a condition where natural hydrologic and eco-
logical functions are the predominant factors in the condi-
tion, functionality, and durability of the location. 
SEC. 116. ESTUARY RESTORATION. 
(a) PARTICIPATION OF NON-FEDERAL INTERESTS.— 
Section 104(f) of the Estuary Restoration Act of 2000 (33 
U.S.C. 2903(f)) is amended by adding at the end the fol-
lowing: 
‘‘(3) PROJECT
AGREEMENTS.—For a project 
carried out under this title, the requirements of sec-
tion 103(j)(1) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled 
by a nongovernmental organization serving as the 
non-Federal interest for the project pursuant to 
paragraph (2).’’. 
(b) EXTENSION.—Section 109(a) of the Estuary Res-
toration Act of 2000 (33 U.S.C. 2908(a)) is amended by 
striking ‘‘2012’’ each place it appears and inserting 
‘‘2021’’. 
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SEC. 117. GREAT LAKES FISHERY AND ECOSYSTEM RES-
TORATION. 
Section 506(g) of the Water Resources Development 
Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed. 
SEC. 118. CORPS OF ENGINEERS OPERATION OF UN-
MANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—The Secretary shall designate an 
individual, within the headquarters office of the Corps of 
Engineers, who shall serve as the coordinator and prin-
cipal approving official for developing the process and pro-
cedures by which the Corps of Engineers— 
(1) operates and maintains small unmanned 
aircraft (as defined in section 331 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 
40101 note)) systems in support of civil works and 
emergency response missions of the Corps of Engi-
neers; and 
(2) acquires, applies for, and receives any nec-
essary Federal Aviation Administration authoriza-
tions for such operations and systems. 
(b) REQUIREMENTS.—A small unmanned aircraft 
system acquired, operated, or maintained for carrying out 
the missions specified in subsection (a) shall be operated 
in accordance with regulations of the Federal Aviation Ad-
ministration as a civil aircraft or public aircraft, at the 
discretion of the Secretary, and shall be exempt from regu-
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lations of the Department of Defense, including the De-
partment of the Army, governing such system. 
(c) LIMITATION.—A small unmanned aircraft system 
acquired, operated, or maintained by the Corps of Engi-
neers is excluded from use by the Department of Defense, 
including the Department of the Army, for any mission 
of the Department of Defense other than a mission speci-
fied in subsection (a). 
SEC. 119. FEDERAL DREDGE FLEET. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the costs and benefits of 
expanding, reducing, or maintaining the current configu-
ration with respect to the size and makeup of the federally 
owned hopper dredge fleet. 
(b) FACTORS.—In carrying out the study, the Comp-
troller General shall evaluate— 
(1) the current and anticipated configuration 
and capacity of the Federal and private hopper 
dredge fleet; 
(2) the current and anticipated trends for the 
volume and type of dredge work required over the 
next 10 years, and the alignment of the size of the 
existing Federal and private hopper dredge fleet 
with future dredging needs; 
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(3) available historic data on the costs, effi-
ciency, and time required to initiate and complete 
dredging work carried out by Federal and private 
hopper dredge fleets, respectively; 
(4) whether the requirements of section 3 of the 
Act of August 11, 1888 (25 Stat. 423, chapter 860; 
33 U.S.C. 622), have any demonstrable impacts on 
the factors identified in paragraphs (1) through (3), 
and whether such requirements are most economical 
and advantageous to the United States; and 
(5) other factors that the Comptroller General 
determines are necessary to evaluate whether it is 
economical and advantageous to the United States 
to expand, reduce, or maintain the current configu-
ration of the federally owned hopper dredge fleet. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
SEC. 120. CORPS OF ENGINEERS ASSETS. 
Section 6002 of the Water Resources Reform and De-
velopment Act of 2014 (Public Law 113–121; 128 Stat. 
1349) is amended— 
(1) in subsection (a) by striking ‘‘the date of 
enactment of this Act’’ and inserting ‘‘the date of 
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enactment of the Water Resources Development Act 
of 2016’’; and 
(2) in subsection (b) by adding at the end the 
following: 
‘‘(6) The extent to which the property has eco-
nomic, cultural, historic, or recreational significance, 
or impacts at the national, State, or local level.’’. 
SEC. 121. 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 (1) by adding at the end the 
following: 
‘‘(C) RAILROAD CARRIER.—The term ‘rail-
road carrier’ has the meaning given the term in 
section 20102 of title 49, United States Code.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘or natural gas company’’ 
and inserting ‘‘, natural gas company, or rail-
road carrier’’; and 
(B) by striking ‘‘or company’’ and insert-
ing ‘‘, company, or carrier’’; 
(3) by striking paragraph (3); 
(4) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
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(5) in paragraph (4) (as so redesignated) by 
striking ‘‘and natural gas companies’’ and inserting 
‘‘, natural gas companies, and railroad carriers’’. 
SEC. 122. CREDIT IN LIEU OF REIMBURSEMENT. 
Section 1022 of the Water Resources Reform and De-
velopment Act of 2014 (33 U.S.C. 2225) is amended— 
(1) in subsection (a) by striking ‘‘that has been 
constructed by a non-Federal interest under section 
211 of the Water Resources Development Act of 
1996 (33 U.S.C. 701b-13) before the date of enact-
ment of this Act’’ and inserting ‘‘for which a written 
agreement with the Corps of Engineers for construc-
tion was finalized on or before December 31, 2014, 
under section 211 of the Water Resources Develop-
ment Act of 1996 (33 U.S.C. 701b–13)’’; and 
(2) in subsection (b) by striking ‘‘share of the 
cost of the non-Federal interest of carrying out 
other flood damage reduction projects or studies’’ 
and inserting ‘‘non-Federal share of the cost of car-
rying out other water resources development projects 
or studies of the non-Federal interest’’. 
SEC. 123. CLARIFICATION OF CONTRIBUTIONS DURING 
EMERGENCY EVENTS. 
Section 1024(a) of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2325a) is amended 
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by inserting after ‘‘emergency’’ the following: ‘‘, or that 
has had or may have an equipment failure (including a 
failure caused by a lack of or deferred maintenance),’’. 
SEC. 124. 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 by adding at the 
end the following: 
‘‘(e) TECHNICAL ASSISTANCE.—At the request of a 
non-Federal interest, the Secretary may provide to the 
non-Federal interest technical assistance relating to any 
aspect of a feasibility study if the non-Federal interest 
contracts with the Secretary to pay all costs of providing 
such technical assistance.’’. 
SEC. 125. NON-FEDERAL CONSTRUCTION OF AUTHORIZED 
FLOOD DAMAGE REDUCTION PROJECTS. 
Section 204(d) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2232(d)) is amended by adding 
at the end the following: 
‘‘(5) DISCRETE SEGMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
authorize credit or reimbursement under this 
subsection for a discrete segment of a flood 
damage reduction project, or separable element 
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thereof, before final completion of the project or 
separable element if— 
‘‘(i) except as provided in clause (ii), 
the Secretary determines that the discrete 
segment satisfies the requirements of para-
graphs (1) through (4) in the same man-
ner as the project or separable element; 
and 
‘‘(ii) 
notwithstanding 
paragraph 
(1)(A)(ii), the Secretary determines, before 
the approval of the plans under paragraph 
(1)(A)(i), that the discrete segment is tech-
nically feasible and environmentally accept-
able. 
‘‘(B) DETERMINATION.—Credit or reim-
bursement may not be made available to a non- 
Federal interest pursuant to this paragraph 
until the Secretary determines that— 
‘‘(i) the construction of the discrete 
segment for which credit or reimbursement 
is requested is complete; and 
‘‘(ii) the construction is consistent 
with the authorization of the applicable 
flood damage reduction project, or sepa-
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rable element thereof, and the plans ap-
proved under paragraph (1)(A)(i). 
‘‘(C) WRITTEN AGREEMENT.— 
‘‘(i) IN
GENERAL.—As part of the 
written agreement required under para-
graph (1)(A)(iii), a non-Federal interest to 
be eligible for credit or reimbursement 
under this paragraph shall— 
‘‘(I) identify any discrete seg-
ment that the non-Federal interest 
may carry out; and 
‘‘(II) agree to the completion of 
the flood damage reduction project, or 
separable element thereof, with re-
spect to which the discrete segment is 
a part and establish a timeframe for 
such completion. 
‘‘(ii) REMITTANCE.—If a non-Federal 
interest fails to complete a flood damage 
reduction project, or separable element 
thereof, that it agreed to complete under 
clause (i)(II), the non-Federal interest 
shall remit any credits or reimbursements 
received under this paragraph for a dis-
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crete segment of such project or separable 
element. 
‘‘(D) DISCRETE
SEGMENT
DEFINED.—In 
this paragraph, the term ‘discrete segment’ 
means a physical portion of a flood damage re-
duction project, or separable element thereof— 
‘‘(i) described by a non-Federal inter-
est in a written agreement required under 
paragraph (1)(A)(iii); and 
‘‘(ii) that the non-Federal interest can 
operate and maintain, independently and 
without creating a hazard, in advance of 
final completion of the flood damage reduc-
tion project, or separable element there-
of.’’. 
SEC. 126. MULTISTATE ACTIVITIES. 
Section 22 of the Water Resources Development Act 
of 1974 (42 U.S.C. 1962d–16) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘or other non-Federal in-
terest’’ and inserting ‘‘, group of States, or 
non-Federal interest’’; 
(B) by inserting ‘‘or group of States’’ after 
‘‘working with a State’’; and 
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(C) by inserting ‘‘or group of States’’ after 
‘‘boundaries of such State’’; and 
(2) in subsection (c)(1) by adding at the end 
the following: ‘‘The Secretary may allow 2 or more 
States to combine all or a portion of the funds that 
the Secretary makes available to the States in car-
rying out subsection (a)(1).’’. 
SEC. 127. REGIONAL PARTICIPATION ASSURANCE FOR 
LEVEE SAFETY ACTIVITIES. 
(a) NATIONAL LEVEE SAFETY PROGRAM.—Section 
9002 of the Water Resources Development Act of 2007 
(33 U.S.C. 3301) is amended— 
(1) in paragraph (11) by striking ‘‘State or In-
dian tribe’’ and inserting ‘‘State, regional district, or 
Indian tribe’’; 
(2) by redesignating paragraphs (12) through 
(16) as paragraphs (13) through (17), respectively; 
and 
(3) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) REGIONAL
DISTRICT.—The term ‘re-
gional district’ means a subdivision of a State gov-
ernment, or a subdivision of multiple State govern-
ments, that is authorized to acquire, construct, oper-
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ate, and maintain projects for the purpose of flood 
damage reduction.’’. 
(b) INVENTORY AND INSPECTION OF LEVEES.—Sec-
tion 9004 of the Water Resources Development Act of 
2007 (33 U.S.C. 3303) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘one year 
after the date of enactment of this Act’’ and in-
serting ‘‘1 year after the date of enactment of 
the Water Resources Development Act of 
2016’’; 
(B) in paragraph (2)(A) by striking 
‘‘States, Indian tribes, Federal agencies, and 
other entities’’ and inserting ‘‘States, regional 
districts, Indian tribes, Federal agencies, and 
other entities’’; and 
(C) in paragraph (3)— 
(i) in the heading for subparagraph 
(A) by striking ‘‘FEDERAL, STATE, AND 
LOCAL’’ and inserting ‘‘FEDERAL, STATE, 
REGIONAL, TRIBAL, AND LOCAL’’; and 
(ii) in subparagraph (A) by striking 
‘‘Federal, State, and local’’ and inserting 
‘‘Federal, State, regional, tribal, and 
local’’; and 
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(2) in subsection (c)— 
(A) in paragraph (4)— 
(i) in the paragraph heading by strik-
ing ‘‘STATE
AND
TRIBAL’’ and inserting 
‘‘STATE, REGIONAL, AND TRIBAL’’; and 
(ii) by striking ‘‘State or Indian tribe’’ 
each place it appears and inserting ‘‘State, 
regional district, or Indian tribe’’; and 
(B) in paragraph (5)— 
(i) by striking ‘‘State or Indian tribe’’ 
and inserting ‘‘State, regional district, or 
Indian tribe’’; and 
(ii) by striking ‘‘chief executive of the 
tribal government’’ and inserting ‘‘chief ex-
ecutive of the regional district or tribal 
government’’. 
(c) LEVEE SAFETY INITIATIVE.—Section 9005 of the 
Water Resources Development Act of 2007 (33 U.S.C. 
3303a) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘1 year after the 
date of enactment of this subsection’’ 
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and inserting ‘‘1 year after the date of 
enactment of the Water Resources 
Development Act of 2016’’; and 
(II) by striking ‘‘State, local, and 
tribal governments and organizations’’ 
and inserting ‘‘State, regional, local, 
and tribal governments and organiza-
tions’’; and 
(ii) in subparagraph (A) by striking 
‘‘Federal, State, tribal, and local agencies’’ 
and inserting ‘‘Federal, State, regional, 
local, and tribal agencies’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘State, local, and tribal governments’’ and 
inserting ‘‘State, regional, local, and tribal 
governments’’; and 
(ii) in subparagraph (B) by inserting 
‘‘regional, or tribal’’ after ‘‘State’’ each 
place it appears; and 
(C) in paragraph (5)(A) by striking 
‘‘States, non-Federal interests, and other ap-
propriate stakeholders’’ and inserting ‘‘States, 
regional districts, Indian tribes, non-Federal in-
terests, and other appropriate stakeholders’’; 
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(2) in subsection (e)(1) in the matter preceding 
subparagraph (A) by striking ‘‘States, communities, 
and levee owners’’ and inserting ‘‘States, regional 
governments, Indian tribes, communities, and levee 
owners’’; 
(3) in subsection (g)— 
(A) in the subsection heading by striking 
‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, 
REGIONAL, AND TRIBAL’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘1 year after the 
date of enactment of this subsection’’ 
and inserting ‘‘1 year after the date of 
enactment of the Water Resources 
Development Act of 2016’’; and 
(II) by striking ‘‘State or tribal’’ 
and inserting ‘‘State, regional, or trib-
al’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘State and Indian 
tribe’’ and inserting ‘‘State, regional 
district, and Indian tribe’’; and 
(II) by striking ‘‘State or Indian 
tribe’’ each place it appears and in-
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serting ‘‘State, regional district, or In-
dian tribe’’; and 
(C) in paragraph (2)— 
(i) in the paragraph heading by strik-
ing ‘‘STATES’’ and inserting ‘‘STATES, RE-
GIONAL DISTRICTS, AND INDIAN TRIBES’’; 
(ii) in subparagraph (A) by striking 
‘‘States and Indian tribes’’ and inserting 
‘‘States, regional districts, and Indian 
tribes’’; 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i) by striking ‘‘State or Indian tribe’’ 
and inserting ‘‘State, regional district, 
or Indian tribe’’; 
(II) in clause (ii) by striking 
‘‘levees within the State’’ and insert-
ing ‘‘levees within the State or re-
gional district’’; and 
(III) in clause (iii) by striking 
‘‘State or Indian tribe’’ and inserting 
‘‘State, regional district, or Indian 
tribe’’; 
(iv) in subparagraph (C)(ii) in the 
matter preceding subclause (I) by striking 
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‘‘State or tribal’’ and inserting ‘‘State, re-
gional, or tribal’’; and 
(v) in subparagraph (E)— 
(I) by striking ‘‘States and In-
dian tribes’’ each place it appears and 
inserting ‘‘States, regional districts, 
and Indian tribes’’; 
(II) in clause (ii)(II)— 
(aa) in the matter preceding 
item (aa) by striking ‘‘State or 
Indian 
tribe’’ 
and 
inserting 
‘‘State, regional district, or In-
dian tribe’’; 
(bb) in item (aa) by striking 
‘‘miles of levees in the State’’ and 
inserting ‘‘miles of levees in the 
State or regional district’’; and 
(cc) in item (bb) by striking 
‘‘miles of levees in all States’’ 
and inserting ‘‘miles of levees in 
all States and regional districts’’; 
and 
(III) in clause (iii)— 
(aa) by striking ‘‘State or 
Indian 
tribe’’ 
and 
inserting 
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‘‘State, regional district, or In-
dian tribe’’; and 
(bb) by striking ‘‘State or 
tribal’’ and inserting ‘‘State, re-
gional, or tribal’’; and 
(4) in subsection (h)— 
(A) in paragraph (1) by striking ‘‘States, 
Indian tribes, and local governments’’ and in-
serting ‘‘States, regional districts, Indian tribes, 
and local governments’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘State, Indian tribe, 
or local government’’ and inserting ‘‘State, 
regional district, Indian tribe, or local gov-
ernment’’; and 
(ii) in subparagraph (E) in the matter 
preceding clause (i) by striking ‘‘State or 
tribal’’ and inserting ‘‘State, regional, or 
tribal’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘State, Indian tribe, or local government’’ 
and inserting ‘‘State, regional district, In-
dian tribe, or local government’’; and 
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(ii) in subparagraph (D) by striking 
‘‘180 days after the date of enactment of 
this subsection’’ and inserting ‘‘180 days 
after the date of enactment of the Water 
Resources Development Act of 2016’’; and 
(D) in paragraph (4)(A)(i) by striking 
‘‘State or tribal’’ and inserting ‘‘State, regional, 
or tribal’’. 
(d) REPORTS.—Section 9006 of the Water Resources 
Development Act of 2007 (33 U.S.C. 3303b) is amend-
ed— 
(1) in subsection (a)(1)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘1 year after the date of enact-
ment of this subsection’’ and inserting ‘‘1 year 
after the date of enactment of the Water Re-
sources Development Act of 2016’’; and 
(B) in subparagraph (B) by striking 
‘‘State and tribal’’ and inserting ‘‘State, re-
gional, and tribal’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘2 years after the date 
of enactment of this subsection’’ and in-
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serting ‘‘2 years after the date of enact-
ment of the Water Resources Development 
Act of 2016’’; and 
(ii) by striking ‘‘State, tribal, and 
local’’ and inserting ‘‘State, regional, trib-
al, and local’’; 
(B) in paragraph (2) by striking ‘‘State 
and tribal’’ and inserting ‘‘State, regional, and 
tribal’’; and 
(C) in paragraph (4) by striking ‘‘State 
and local’’ and inserting ‘‘State, regional, tribal, 
and local’’; and 
(3) in subsection (d)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘1 year after the date of enactment 
of this subsection’’ and inserting ‘‘1 year after 
the date of enactment of the Water Resources 
Development Act of 2016’’; and 
(B) in paragraph (2) by striking ‘‘State or 
tribal’’ and inserting ‘‘State, regional, or trib-
al’’. 
SEC. 128. PARTICIPATION OF NON-FEDERAL INTERESTS. 
Section 221(b)(1) of the Flood Control Act of 1970 
(42 U.S.C. 1962d–5b(b)(1)) is amended by inserting 
‘‘and, as defined in section 3 of the Alaska Native Claims 
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Settlement Act (43 U.S.C. 1602), a Native village, Re-
gional Corporation, and Village Corporation’’ after ‘‘In-
dian tribe’’. 
SEC. 129. INDIAN TRIBES. 
Section 1156 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2310) is amended— 
(1) in the section heading by inserting ‘‘AND 
INDIAN TRIBES’’ after ‘‘TERRITORIES’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘projects in American’’ and 
inserting ‘‘projects— 
‘‘(1) in American’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) for a federally recognized Indian tribe.’’. 
SEC. 130. DISSEMINATION OF INFORMATION ON THE AN-
NUAL REPORT PROCESS. 
(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 
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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 
the criteria for inclusion established under sec-
tion 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. 
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(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— 
(1) develop and disseminate technical assistance 
materials, seminars, and guidance on the annual 
process as it relates to non-Federal interests; 
(2) issue guidance for non-Federal interests to 
assist such interests in developing proposals for 
water resources development projects that satisfy the 
requirements of section 7001; and 
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(3) 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. 131. SCOPE OF PROJECTS. 
Section 7001(f) of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2282d(f)) is amend-
ed by adding at the end the following: 
‘‘(5) 
WATER
RESOURCES
DEVELOPMENT 
PROJECT.—The term ‘water resources development 
project’ includes a project under an environmental 
infrastructure assistance program.’’. 
SEC. 132. PRELIMINARY FEASIBILITY STUDY ACTIVITIES. 
At the request of a non-Federal interest with respect 
to a proposed water resources development project, the 
Secretary shall meet with the non-Federal interest, prior 
to initiating a feasibility study relating to the proposed 
project, to review a preliminary analysis of the Federal 
interest in the proposed project and the costs, benefits, 
and environmental impacts of the proposed project, includ-
ing an estimate of the costs of preparing a feasibility re-
port. 
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SEC. 133. POST-AUTHORIZATION CHANGE REPORTS. 
(a) IN GENERAL.—The completion of a post-author-
ization change report prepared by the Corps of Engineers 
for a water resources development project— 
(1) may not be delayed as a result of consider-
ation being given to changes in policy or priority 
with respect to project consideration; and 
(2) shall be submitted, upon completion, to— 
(A) the Committee on Environment and 
Public Works of the Senate; and 
(B) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
(b) COMPLETION REVIEW.—With respect to a post- 
authorization change report subject to review by the Sec-
retary, the Secretary shall, not later than 120 days after 
the date of completion of such report— 
(1) review the report; and 
(2) provide to Congress any recommendations 
of the Secretary regarding modification of the appli-
cable water resources development project. 
(c) PRIOR REPORTS.—Not later than 120 days after 
the date of enactment of this Act, with respect to any post- 
authorization change report that was completed prior to 
the date of enactment of this Act and is subject to a review 
by the Secretary that has yet to be completed, the Sec-
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retary shall complete review of, and provide recommenda-
tions to Congress with respect to, the report. 
(d) POST-AUTHORIZATION CHANGE REPORT INCLU-
SIONS.—In this section, the term ‘‘post-authorization 
change report’’ includes— 
(1) a general reevaluation report; 
(2) a limited reevaluation report; and 
(3) any other report that recommends the modi-
fication of an authorized water resources develop-
ment project. 
SEC. 134. MAINTENANCE DREDGING DATA. 
(a) IN GENERAL.—The Secretary shall establish, 
maintain, and make publicly available a database on main-
tenance dredging carried out by the Secretary, which shall 
include information on maintenance dredging carried out 
by Federal and non-Federal vessels. 
(b) SCOPE.—The Secretary shall include in the data-
base maintained under subsection (a), for each mainte-
nance dredging project and contract, data on— 
(1) the volume of dredged material removed; 
(2) the initial cost estimate of the Corps of En-
gineers; 
(3) the total cost; 
(4) the party and vessel carrying out the work; 
and 
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(5) the number of private contractor bids re-
ceived and the bid amounts, including bids that did 
not win the final contract award. 
SEC. 135. ELECTRONIC SUBMISSION AND TRACKING OF 
PERMIT APPLICATIONS. 
(a) IN GENERAL.—Section 2040 of the Water Re-
sources Development Act of 2007 (33 U.S.C. 2345) is 
amended to read as follows: 
‘‘SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF 
PERMIT APPLICATIONS. 
‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
search, develop, and implement an electronic system 
to allow the electronic preparation and submission of 
applications for permits and requests for jurisdic-
tional determinations under the jurisdiction of the 
Secretary. 
‘‘(2) INCLUSION.—The electronic system re-
quired under paragraph (1) shall address— 
‘‘(A) applications for standard individual 
permits; 
‘‘(B) applications for letters of permission; 
‘‘(C) joint applications with States for 
State and Federal permits; 
‘‘(D) applications for emergency permits; 
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‘‘(E) applications or requests for jurisdic-
tional determinations; and 
‘‘(F) preconstruction notification submis-
sions, when required for a nationwide or other 
general permit. 
‘‘(3) IMPROVING
EXISTING
DATA
SYSTEMS.— 
The Secretary shall seek to incorporate the elec-
tronic system required under paragraph (1) into ex-
isting systems and databases of the Corps of Engi-
neers to the maximum extent practicable. 
‘‘(4) PROTECTION OF INFORMATION.—The elec-
tronic system required under paragraph (1) shall 
provide for the protection of personal, private, privi-
leged, confidential, and proprietary information, and 
information the disclosure of which is otherwise pro-
hibited by law. 
‘‘(b) SYSTEM REQUIREMENTS.—The electronic sys-
tem required under subsection (a) shall— 
‘‘(1) enable an applicant or requestor to pre-
pare electronically an application for a permit or re-
quest; 
‘‘(2) enable an applicant or requestor to submit 
to the Secretary, by email or other means through 
the Internet, the completed application form or re-
quest; 
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‘‘(3) enable an applicant or requestor to submit 
to the Secretary, by email or other means through 
the Internet, data and other information in support 
of the permit application or request; 
‘‘(4) provide an online interactive guide to pro-
vide assistance to an applicant or requestor at any 
time while filling out the permit application or re-
quest; and 
‘‘(5) enable an applicant or requestor (or a des-
ignated agent) to track the status of a permit appli-
cation or request in a manner that will— 
‘‘(A) allow the applicant or requester to 
determine whether the application is pending or 
final and the disposition of the request; 
‘‘(B) allow the applicant or requester to re-
search previously submitted permit applications 
and requests within a given geographic area 
and the results of such applications or requests; 
and 
‘‘(C) allow identification and display of the 
location of the activities subject to a permit or 
request through a map-based interface. 
‘‘(c) DOCUMENTATION.—All permit decisions and ju-
risdictional determinations made by the Secretary shall be 
in writing and include documentation supporting the basis 
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for the decision or determination. The Secretary shall pre-
scribe means for documenting all decisions or determina-
tions to be made by the Secretary. 
‘‘(d) RECORD OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain, for a minimum of 5 years, a record of all per-
mit decisions and jurisdictional determinations made 
by the Secretary, including documentation sup-
porting the basis of the decisions and determina-
tions. 
‘‘(2) ARCHIVING OF INFORMATION.—The Sec-
retary shall explore and implement an appropriate 
mechanism for archiving records of permit decisions 
and jurisdictional determinations, including docu-
mentation supporting the basis of the decisions and 
determinations, after the 5-year maintenance period 
described in paragraph (1). 
‘‘(e) AVAILABILITY OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
the records of all permit decisions and jurisdictional 
determinations made by the Secretary available to 
the public for review and reproduction. 
‘‘(2) PROTECTION OF INFORMATION.—The Sec-
retary shall provide for the protection of personal, 
private, privileged, confidential, and proprietary in-
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formation, and information the disclosure of which is 
prohibited by law, which may be excluded from dis-
closure. 
‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLE-
MENTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement, to the maximum extent practicable, 
the electronic system required under subsection (a) 
not later than 2 years after the date of enactment 
of the Water Resources Development Act of 2016. 
‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE-
MENTATION.—Not later than 180 days after the ex-
piration of the deadline under paragraph (1), the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works of the Senate a report describing the 
measures implemented and barriers faced in car-
rying out this section. 
‘‘(g) APPLICABILITY.—The requirements described in 
subsections (c), (d), and (e) shall apply to permit applica-
tions and requests for jurisdictional determinations sub-
mitted to the Secretary after the date of enactment of the 
Water Resources Development Act of 2016. 
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‘‘(h) LIMITATION.—This section shall not preclude 
the submission to the Secretary, acting through the Chief 
of Engineers, of a physical copy of a permit application 
or a request for a jurisdictional determination.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Water Resources Development Act 
of 2007 is amended by striking the item relating to section 
2040 and inserting the following: 
‘‘Sec. 2040. Electronic submission and tracking of permit applications.’’. 
SEC. 136. DATA TRANSPARENCY. 
Section 2017 of the Water Resources Development 
Act of 2007 (33 U.S.C. 2342) is amended to read as fol-
lows: 
‘‘SEC. 2017. ACCESS TO WATER RESOURCE DATA. 
‘‘(a) IN GENERAL.—Using available funds, the Sec-
retary shall make publicly available, including on the 
Internet, all data in the custody of the Corps of Engineers 
on— 
‘‘(1) the planning, design, construction, oper-
ation, and maintenance of water resources develop-
ment projects; and 
‘‘(2) water quality and water management of 
projects owned, operated, or managed by the Corps 
of Engineers. 
‘‘(b) LIMITATION.—Nothing in this section may be 
construed to compel or authorize the disclosure of data 
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or other information determined by the Secretary to be 
confidential information, privileged information, law en-
forcement information, national security information, in-
frastructure security information, personal information, or 
information the disclosure of which is otherwise prohibited 
by law. 
‘‘(c) TIMING.—The Secretary shall ensure that data 
is made publicly available under subsection (a) as quickly 
as practicable after the data is generated by the Corps 
of Engineers. 
‘‘(d) PARTNERSHIPS.—In carrying out this section, 
the Secretary may develop partnerships, including through 
cooperative agreements, with State, tribal, and local gov-
ernments and other Federal agencies.’’. 
SEC. 137. 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 7-year period be-
ginning on the date of enactment of this Act unless 
funds have been obligated for construction of such 
project during that period. 
(2) IDENTIFICATION OF PROJECTS.—Not later 
than 60 days after the expiration of the 7-year pe-
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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 
to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives, and make 
available to the public, a report that contains— 
(1) a list of any water resources development 
projects authorized by this Act for which construc-
tion has not been completed during that period; 
(2) a description of the reasons the projects 
were not completed; 
(3) a schedule for the completion of the projects 
based on expected levels of appropriations; and 
(4) a 5-year and 10-year projection of construc-
tion backlog and any recommendations to Congress 
regarding how to mitigate current problems and the 
backlog. 
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SEC. 138. QUALITY CONTROL. 
(a) IN GENERAL.—Paragraph (a) of the first section 
of the Act of December 22, 1944 (58 Stat. 888, chapter 
665; 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and 
shall be made publicly available’’ before the period at the 
end. 
(b) PROJECT ADMINISTRATION.—Section 2041(b)(1) 
of the Water Resources Development Act of 2007 (33 
U.S.C. 2346(b)(1)) is amended by inserting ‘‘final post- 
authorization change report,’’ after ‘‘final reevaluation re-
port,’’. 
SEC. 139. BUDGET DEVELOPMENT AND PRIORITIZATION. 
(a) IN GENERAL.—In conjunction with the Presi-
dent’s budget submission to Congress with respect to fiscal 
year 2018 under section 1105(a) of title 31, United States 
Code, and biennially thereafter in conjunction with the 
President’s budget submission, the Secretary shall submit 
to the Committee on Environment and Public Works and 
the Committee on Appropriations of the Senate and the 
Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representa-
tives a report that describes— 
(1) the metrics used in developing the civil 
works budget for the applicable fiscal year; 
(2) the metrics used in developing each business 
line in the civil works budget; and 
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(3) how projects are prioritized in the applica-
ble budget submission, including how the Secretary 
determines those projects for which construction ini-
tiation is recommended. 
(b) NOTIFICATION.— 
(1) REQUIREMENT.—If the Secretary proposes 
a covered revised budget estimate, the Secretary 
shall notify, in writing, each Member of Congress 
representing a congressional district affected by the 
study, project, or activity subject to the revised esti-
mate. 
(2) COVERED REVISED BUDGET ESTIMATE DE-
FINED.—In this subsection, the term ‘‘covered re-
vised budget estimate’’ means a budget estimate for 
a water resources development study, project, or ac-
tivity that differs from the estimate most recently 
specified for that study, project, or activity in a 
budget of the President submitted under section 
1105(a) of title 31, United States Code. 
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 
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