H.R. 5303 — what changed
Water Resources Development Act of 2016
From Introduced in House to Reported in House.
38 sections amended and 15 added between Introduced in House and Reported in House.
Sec. 101
Sense of Congress regarding Water Resources 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, hydroelectric power, recreation, water supply, environmental protection, restoration, and enhancement, and fish and wildlife mitigation.
(2)
The Corps of Engineers is the primary Federal provider of outdoor recreation in the United States.
(3)
The Corps of Engineers owns and operates more than 600 dams.
(4)
The Corps of Engineers operates and maintains 12,000 miles of commercial inland navigation channels.
(5)
changed
The Corps of Engineers dredges manages the dredging of more than 200,000,000 cubic yards of construction and maintenance 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 Program.
(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.
(11)
The Corps of Engineers provides technical and construction support to more than 100 countries.
(12)
The Corps of Engineers manages an Army military construction program that carried out approximately $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 develops 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 Development Act and, between 1986 and 2000, Congress typically enacted an authorization bill every 2 years.
(15)
Since 2000, only 3 Water Resources Development Acts have been enacted.
(16)
In 2014, the Water Resources Reform and Development Act of 2014 was enacted, which accelerated the infrastructure project delivery process, fostered fiscal responsibility, and strengthened water transportation networks to promote the competitiveness, prosperity, and economic growth of the United States.
(17)
Section 1001 of the Water Resources Reform 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 Reform 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 Resources Development, which ensures projects and activities proposed at the local, regional, and State levels 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 Congress that—
(1)
changed
the missions and authorities 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;
(3)
Congress has required timely delivery of project and study authorization proposals from non-Federal project sponsors and the Corps of Engineers; and
(4)
Congress should consider a Water Resources Development Act at least once every Congress.
Sec. 109
Remote and subsistence harbors
added
Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—
(a)
removed
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 purposes of—
(1)
removed
reducing storm damage to property and infrastructure;
(2)
removed
promoting public safety;
(3)
removed
protecting, restoring, and creating aquatic ecosystem habitats;
(4)
removed
stabilizing stream systems and enhancing shorelines;
(5)
removed
promoting recreation; and
(6)
removed
supporting risk management adaptation strategies.
(1)
changed
Project selection— In carrying out in subsection (a)(3) by inserting “in which the pilot program, project is located, or the Secretary shall—long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “community”; and
(2)
added
in subsection (b)—
(1)
removed
identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material;
(2)
removed
consult with relevant State agencies in selecting projects; and
(3)
removed
select projects solely on the basis of—
(A)
removed
the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and
(B)
removed
the need for a diversity of project types and geographical project locations.
(c)
removed
Regional beneficial use teams—
(A)
changed
In general— In carrying out the pilot program, in paragraph (1) by inserting “and communities that are located in the Secretary shall establish regional beneficial use teams region to identify and assist in be served by the implementation of projects under project and that will rely on the pilot program.project” after “community”;
(B)
added
in paragraph (4) by striking “local population” and inserting “regional population to be served by the project”; and
(C)
added
in paragraph (5) by striking “community” and inserting “local community and communities that are located in the region to be served by the project and that will rely on the project”.
(A)
removed
Leadership— For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.
(B)
removed
Membership— The membership of each regional beneficial use team shall include—
(i)
removed
representatives of relevant Corps of Engineers districts and divisions;
(ii)
removed
representatives of relevant State and local agencies; and
(iii)
removed
representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.
(d)
removed
Considerations— The Secretary shall carry out the pilot program in a manner that—
(1)
removed
maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;
(2)
removed
incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;
(3)
removed
coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;
(4)
removed
fosters Federal, State, and local collaboration;
(5)
removed
implements best practices to maximize the beneficial use of dredged sand and other sediments; and
(6)
removed
ensures that the use of dredged material is consistent with all applicable environmental laws.
(e)
removed
Cost sharing— Projects carried out under this section shall be subject to the cost sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).
(f)
removed
Report— Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(1)
removed
a description of the projects selected to be carried out under the pilot program;
(2)
removed
documentation supporting each of the projects selected;
(3)
removed
the findings of regional beneficial use teams regarding project selection; and
(4)
removed
any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.
(g)
removed
Termination— The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1).
(h)
removed
Exemption from other standards— The projects carried out under this section shall be carried out notwithstanding the definition of the term Federal standard in section 335.7 of title 33, Code of Federal Regulations.
(i)
removed
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
Beneficial use of dredged material
(a)
changed
In general— Section 215 of Not later than 90 days after the Water Resources Development Act date of 2000 (33 U.S.C. 2326c) is amended enactment of this Act, the Secretary shall establish a pilot program to read as follows:carry out projects for the beneficial use of dredged material, including projects for the purposes of—
(1)
added
reducing storm damage to property and infrastructure;
(2)
added
promoting public safety;
(3)
added
protecting, restoring, and creating aquatic ecosystem habitats;
(4)
added
stabilizing stream systems and enhancing shorelines;
(5)
added
promoting recreation; and
(6)
added
supporting risk management adaptation strategies.
removed
“215. Reservoir sediment
removed
“(a) In general—Not later than 180 days after the date of enactment of the Water Resources Development 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 interest or commercial entity for removal of sediment captured 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.
removed
“(b) Requirements—In carrying out this section, the Secretary shall—
removed
“(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
removed
“(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;
removed
“(3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality; and
removed
“(4) limit the number of dams for which services are accepted to 10.
removed
“(c) Limitation
removed
“(1) In general—The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
removed
“(2) Report to Congress—If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
removed
“(d) Disposition of removed sediment—In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.
removed
“(e) Congressional notification—Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.
removed
“(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 Environment and Public Works of the Senate a report documenting the results of the services.”
(b)
changed
Clerical amendment—Project selection— The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking In carrying out the item relating to section 215 and inserting pilot program, the following:Secretary shall—
(1)
added
identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material;
(2)
added
consult with relevant State agencies in selecting projects; and
(3)
added
select projects solely on the basis of—
(A)
added
the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and
(B)
added
the need for a diversity of project types and geographical project locations.
(c)
added
Regional beneficial use teams—
(1)
added
In general— In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program.
(A)
added
Leadership— For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.
(B)
added
Membership— The membership of each regional beneficial use team shall include—
(i)
added
representatives of relevant Corps of Engineers districts and divisions;
(ii)
added
representatives of relevant State and local agencies; and
(iii)
added
representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.
(d)
added
Considerations— The Secretary shall carry out the pilot program in a manner that—
(1)
added
maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;
(2)
added
incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;
(3)
added
coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;
(4)
added
fosters Federal, State, and local collaboration;
(5)
added
implements best practices to maximize the beneficial use of dredged sand and other sediments; and
(6)
added
ensures that the use of dredged material is consistent with all applicable environmental laws.
(e)
added
Cost sharing— Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).
(f)
added
Report— Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(1)
added
a description of the projects selected to be carried out under the pilot program;
(2)
added
documentation supporting each of the projects selected;
(3)
added
the findings of regional beneficial use teams regarding project selection; and
(4)
added
any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.
(g)
added
Termination— The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1).
(h)
added
Exemption from other standards— The projects carried out under this section shall be carried out notwithstanding the definition of the term Federal standard in section 335.7 of title 33, Code of Federal Regulations.
(i)
added
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. 111
Reservoir sediment
(a)
added
In general— Section 215 of the Water Resources Development Act of 2000 (33 U.S.C. 2326c) is amended to read as follows:
added
“215. Reservoir sediment
added
“(a) In general—Not later than 180 days after the date of enactment of the Water Resources Development 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 interest or commercial entity for removal of sediment captured 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.
added
“(b) Requirements—In carrying out this section, the Secretary shall—
added
“(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
added
“(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;
added
“(3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality; and
added
“(4) limit the number of dams for which services are accepted to 10.
added
“(c) Limitation
added
“(1) In general—The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
added
“(2) Report to Congress—If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
added
“(d) Disposition of removed sediment—In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.
added
“(e) Congressional notification—Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.
added
“(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 Environment and Public Works of the Senate a report documenting the results of the services.”
(b)
added
Clerical amendment— The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking the item relating to section 215 and inserting the following:
removed
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 receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests, to formulate, review, or revise operational documents for any reservoir 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
Contributed funds for reservoir operations
added
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 receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests, to formulate, review, or revise operational documents for any reservoir 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):”.
(a)
removed
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)
removed
to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and
(2)
removed
to enter into agreements with non-Federal interests to carry out the conservation measures approved by such evaluations.
(b)
removed
Eligibility— Water supply conservation measures evaluated under subsection (a) may include the following:
(1)
removed
Storm water capture.
(2)
removed
Releases for ground water replenishment or aquifer storage and recovery.
(3)
removed
Releases to augment water supply at another Federal or non-Federal storage facility.
(4)
removed
Other conservation measures that enhance usage of a Corps of Engineers project for water supply.
(c)
removed
Costs— A non-Federal interest shall pay only the separable costs associated with the evaluation, implementation, operation, and maintenance of an approved water supply conservation measure, which payments may be accepted and expended by the Corps of Engineers to cover such costs.
(d)
removed
Statutory construction— Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for—
(1)
removed
water supply storage pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); or
(2)
removed
surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
(e)
removed
Limitations— Nothing in this section—
(1)
removed
affects, modifies, or changes the authorized purposes of a Corps of Engineers project;
(2)
removed
affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration;
(3)
removed
affects the Corps of Engineers ability to provide for temporary deviations;
(4)
removed
affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);
(5)
removed
supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;
(6)
removed
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)
removed
affects any water right in existence on the date of enactment of this Act; or
(8)
removed
preempts or affects any State water law or interstate compact governing water.
Sec. 113
Water supply conservation
(a)
added
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)
added
to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and
(2)
added
to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with non-Federal interests to carry out the conservation measures approved by such evaluations.
(b)
added
Eligibility— Water supply conservation measures evaluated under subsection (a) may include the following:
(1)
added
Storm water capture.
(2)
added
Releases for ground water replenishment or aquifer storage and recovery.
(3)
added
Releases to augment water supply at another Federal or non-Federal storage facility.
(4)
added
Other conservation measures that enhance usage of a Corps of Engineers project for water supply.
(c)
added
Costs— A non-Federal interest shall pay only the separable costs associated with the evaluation, implementation, operation, and maintenance of an approved water supply conservation measure, which payments may be accepted and expended by the Corps of Engineers to cover such costs.
(d)
added
Statutory construction— Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for—
(1)
added
water supply storage pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); or
(2)
added
surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
(e)
added
Limitations— Nothing in this section—
(1)
added
affects, modifies, or changes the authorized purposes of a Corps of Engineers project;
(2)
added
affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration;
(3)
added
affects the Corps of Engineers ability to provide for temporary deviations;
(4)
added
affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);
(5)
added
supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;
(6)
added
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)
added
affects any water right in existence on the date of enactment of this Act; or
(8)
added
preempts or affects any State water law or interstate compact governing water.
removed
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (f).
Sec. 114
Interstate compacts
changed
Section 5(a)(1) 301 of the Water Supply Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 1958 (43 U.S.C. 701n(a)(1)), 390b) is amended by striking “if requested” each place that it appears and inserting “after consultation with the non-Federal sponsor and if requested and agreed to”.subsection (f).
Sec. 115
Nonstructural alternatives
added
Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)(1)), is amended by striking “if requested” each place it appears and inserting “after consultation with the non-Federal sponsor and if requested and agreed to”.
(a)
removed
Non-Federal obligations— Notwithstanding section 103(j) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(j)), a non-Federal interest is released 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)
removed
the 50-year period that began on the date on which project construction was completed has concluded; or
(2)
removed
the criteria identified in the guidance issued under subsection (c) have been met with respect to the project.
(b)
removed
Federal obligations— The Secretary is not responsible for the operation or maintenance of any project with respect to which a non-Federal interest is released from obligations under subsection (a).
(c)
removed
Guidance— In consultation with non-Federal interests, and not later than 1 year after the date of enactment 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 protection and restoration or aquatic ecosystem restoration 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 ecological functions are the predominant factors in the condition, functionality, and durability of the location.
Sec. 116
Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects
(a)
changed
Participation of non-Federal interests—Non-Federal obligations— Section 104(f) Notwithstanding section 103(j) of the Estuary Restoration Water Resources Development Act of 2000 1986 (33 U.S.C. 2903(f)) 2213(j)), a non-Federal interest is amended by adding at released from any obligation to operate and maintain the end nonstructural and nonmechanical components of a water resources development project carried out for the following: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)
added
the 50-year period that began on the date on which project construction was completed has concluded; or
(2)
added
the criteria identified in the guidance issued under subsection (c) have been met with respect to the project.
removed
“(3) Project agreements—For a project carried out under this title, the requirements of section 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)
changed
Extension—Federal obligations— Section 109(a) of The Secretary is not responsible for the Estuary Restoration Act operation or maintenance of 2000 (33 U.S.C. 2908(a)) any components of a project with respect to which a non-Federal interest is amended by striking “2012” each place it appears and inserting “2021”.released from obligations under subsection (a).
(c)
added
Guidance— In consultation with non-Federal interests, and not later than 1 year after the date of enactment 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 protection and restoration or aquatic ecosystem restoration 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 ecological functions are the predominant factors in the condition, functionality, and durability of the location.
Sec. 117
Estuary restoration
(a)
added
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 following:
added
“(3) Project agreements—For a project carried out under this title, the requirements of section 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)
added
Extension— Section 109(a) of the Estuary Restoration Act of 2000 (33 U.S.C. 2908(a)) is amended by striking “2012” each place it appears and inserting “2021”.
removed
Section 506(g) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed.
Sec. 118
Great Lakes fishery and ecosystem restoration
added
Section 506(g) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed.
(a)
removed
In general— The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—
(1)
removed
operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization 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 Engineers; and
(2)
removed
acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.
(b)
removed
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 Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system.
(c)
removed
Limitation— A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers 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 specified in subsection (a).
added
Section 2036(c) of the Water Resources Development Act of 2007 (33 U.S.C. 2317b) is repealed.
(a)
removed
Study— The Comptroller General of the United States shall conduct a study on the costs and benefits of expanding, reducing, or maintaining the current configuration with respect to the size and makeup of the federally owned hopper dredge fleet.
(b)
removed
Factors— In carrying out the study, the Comptroller General shall evaluate—
(1)
removed
the current and anticipated configuration and capacity of the Federal and private hopper dredge fleet;
(2)
removed
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;
(3)
removed
available historic data on the costs, efficiency, and time required to initiate and complete dredging work carried out by Federal and private hopper dredge fleets, respectively;
(4)
removed
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)
removed
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 configuration of the federally owned hopper dredge fleet.
(c)
removed
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 operation of unmanned aircraft systems
(a)
added
In general— The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—
(1)
added
operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization 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 Engineers; and
(2)
added
acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.
removed
Section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349) is amended—
(b)
changed
Requirements— A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) by striking “the date shall be operated in accordance with regulations of enactment the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of this Act” the Secretary, and inserting “the date shall be exempt from regulations of enactment the Department of Defense, including the Water Resources Development Act Department of 2016”; andthe Army, governing such system.
(c)
changed
Limitation— in subsection (b) A small unmanned aircraft system acquired, operated, or maintained by adding at the end Corps of Engineers is excluded from use by the following:Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a).
removed
“(6) The extent to which the property has economic, cultural, historic, or recreational significance, or impacts at the national, State, or local level.”
Sec. 121
Federal dredge fleet
(a)
added
Study— The Comptroller General of the United States shall conduct a study on the costs and benefits of expanding, reducing, or maintaining the current configuration with respect to the size and makeup of the federally owned hopper dredge fleet.
removed
Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
(b)
changed
Factors— in paragraph (1) by adding at In carrying out the end study, the following:Comptroller General shall evaluate—
(1)
added
the current and anticipated configuration and capacity of the Federal and private hopper dredge fleet;
(2)
added
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;
(3)
added
available historic data on the costs, efficiency, and time required to initiate and complete dredging work carried out by Federal and private hopper dredge fleets, respectively;
(4)
added
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)
added
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 configuration of the federally owned hopper dredge fleet.
removed
“(C) Railroad carrier—The term railroad carrier has the meaning given the term in section 20102 of title 49, United States Code.”
(c)
changed
Report— in paragraph (2)—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.
(A)
removed
by striking “or natural gas company” and inserting “, natural gas company, or railroad carrier”; and
(B)
removed
by striking “or company” and inserting “, company, or carrier”;
(3)
removed
by striking paragraph (3);
(4)
removed
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(5)
removed
in paragraph (4) (as so redesignated) by striking “and natural gas companies” and inserting “, natural gas companies, and railroad carriers”.
Sec. 122
Corps of Engineers assets
changed
Section 1022 6002 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) (Public Law 113–121; 128 Stat. 1349) is amended—
(1)
changed
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 “the date of enactment of this Act” and inserting “for which a written agreement with the Corps “the date of Engineers for construction was finalized on or before December 31, 2014, under section 211 enactment of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13)”; 2016”; and
(2)
changed
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 adding at the cost of carrying out other water resources development projects or studies of end the non-Federal interest”.following:
added
“(6) The extent to which the property has economic, cultural, historic, or recreational significance, or impacts at the national, State, or local level.”
Sec. 123
Funding to process permits
changed
Section 1024(a) 214(a) of the Water Resources Reform and Development Act of 2014 2000 (33 U.S.C. 2325a) 2352(a)) is amended 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),”.amended—
(1)
added
in paragraph (1) by adding at the end the following:
added
“(C) Railroad carrier—The term railroad carrier has the meaning given the term in section 20102 of title 49, United States Code.”
(2)
added
in paragraph (2)—
(A)
added
by striking “or natural gas company” and inserting “, natural gas company, or railroad carrier”; and
(B)
added
by striking “or company” and inserting “, company, or carrier”;
(3)
added
by striking paragraph (3);
(4)
added
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(5)
added
in paragraph (4) (as so redesignated) by striking “and natural gas companies” and inserting “, natural gas companies, and railroad carriers”.
Sec. 124
Credit in lieu of reimbursement
changed
Section 203 1022 of the Water Resources Reform and Development Act of 1986 2014 (33 U.S.C. 2231) 2225) is amended by adding at the end the following:amended—
(1)
added
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 enactment of this Act” and inserting “for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13)”; and
(2)
added
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 carrying out other water resources development projects or studies of the non-Federal interest”.
removed
“(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
Clarification of contributions during emergency events
changed
Section 204(d) 1024(a) of the Water Resources Reform and Development Act of 1986 2014 (33 U.S.C. 2232(d)) 2325a(a)) is amended by adding at the end inserting after “emergency” the following:following: “, or that has had or may have an equipment failure (including a failure caused by a lack of or deferred maintenance),”.
removed
“(5) Discrete segments
removed
“(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 thereof, before final completion of the project or separable element if—
removed
“(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
removed
“(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 technically feasible and environmentally acceptable.
removed
“(B) Determination—Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
removed
“(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and
removed
“(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).
removed
“(C) Written agreement
removed
“(i) In general—As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
removed
“(I) identify any discrete segment that the non-Federal interest may carry out; and
removed
“(II) agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
removed
“(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 discrete segment of such project or separable element.
removed
“(D) Discrete segment defined—In this paragraph, the term discrete segment means a physical portion of a flood damage reduction project, or separable element thereof—
removed
“(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
removed
“(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 reduction project, or separable element thereof.”
Sec. 126
Study of water resources development projects by non-Federal interests
changed
Section 22 203 of the Water Resources Development Act of 1974 (42 1986 (33 U.S.C. 1962d–16) 2231) is amended—amended by adding at the end the following:
added
“(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.”
(1)
removed
in subsection (a)(1)—
(A)
removed
by striking “or other non-Federal interest” and inserting “, group of States, or non-Federal interest”;
(B)
removed
by inserting “or group of States” after “working with a State”; and
(C)
removed
by inserting “or group of States” after “boundaries of such State”; and
(2)
removed
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 carrying out subsection (a)(1).”.
Sec. 127
Non-Federal construction of authorized flood damage reduction projects
added
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:
added
“(5) Discrete segments
added
“(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 thereof, before final completion of the project or separable element if—
added
“(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
added
“(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 technically feasible and environmentally acceptable.
added
“(B) Determination—Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
added
“(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and
added
“(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).
added
“(C) Written agreement
added
“(i) In general—As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
added
“(I) identify any discrete segment that the non-Federal interest may carry out; and
added
“(II) agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
added
“(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 reimbursements received under this paragraph for a discrete segment of such project or separable element.
added
“(D) Discrete segment defined—In this paragraph, the term discrete segment means a physical portion of a flood damage reduction project, or separable element thereof—
added
“(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
added
“(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 reduction project, or separable element thereof.”
(a)
removed
National levee safety program— Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended—
(1)
removed
in paragraph (11) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(2)
removed
by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and
(3)
removed
by inserting after paragraph (11) the following:
removed
“(12) Regional district—The term regional district means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.”
(b)
removed
Inventory and inspection of levees— Section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) is amended—
(1)
removed
in subsection (a)—
(A)
removed
in paragraph (1) by striking “one year after the date of enactment of this Act” and inserting “1 year after the date of enactment of the Water Resources Development Act of 2016”;
(B)
removed
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)
removed
in paragraph (3)—
(i)
removed
in the heading for subparagraph (A) by striking “Federal, State, and local” and inserting “Federal, State, regional, tribal, and local”; and
(ii)
removed
in subparagraph (A) by striking “Federal, State, and local” and inserting “Federal, State, regional, tribal, and local”; and
(2)
removed
in subsection (c)—
(A)
removed
in paragraph (4)—
(i)
removed
in the paragraph heading by striking “State and tribal” and inserting “State, regional, and tribal”; and
(ii)
removed
by striking “State or Indian tribe” each place it appears and inserting “State, regional district, or Indian tribe”; and
(B)
removed
in paragraph (5)—
(i)
removed
by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and
(ii)
removed
by striking “chief executive of the tribal government” and inserting “chief executive of the regional district or tribal government”.
(c)
removed
Levee safety initiative— Section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a) is amended—
(1)
removed
in subsection (c)—
(A)
removed
in paragraph (1)—
(i)
removed
in the matter preceding subparagraph (A)—
(I)
removed
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)
removed
by striking “State, local, and tribal governments and organizations” and inserting “State, regional, local, and tribal governments and organizations”; and
(ii)
removed
in subparagraph (A) by striking “Federal, State, tribal, and local agencies” and inserting “Federal, State, regional, local, and tribal agencies”;
(B)
removed
in paragraph (3)—
(i)
removed
in subparagraph (A) by striking “State, local, and tribal governments” and inserting “State, regional, local, and tribal governments”; and
(ii)
removed
in subparagraph (B) by inserting “regional, or tribal” after “State” each place it appears; and
(C)
removed
in paragraph (5)(A) by striking “States, non-Federal interests, and other appropriate stakeholders” and inserting “States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders”;
(2)
removed
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)
removed
in subsection (g)—
(A)
removed
in the subsection heading by striking “State and Tribal” and inserting “State, Regional, and Tribal”;
(B)
removed
in paragraph (1)—
(i)
removed
in subparagraph (A)—
(I)
removed
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)
removed
by striking “State or tribal” and inserting “State, regional, or tribal”; and
(ii)
removed
in subparagraph (B)—
(I)
removed
by striking “State and Indian tribe” and inserting “State, regional district, and Indian tribe”; and
(II)
removed
by striking “State or Indian tribe” each place it appears and inserting “State, regional district, or Indian tribe”; and
(C)
removed
in paragraph (2)—
(i)
removed
in the paragraph heading by striking “States” and inserting “States, Regional Districts, and Indian Tribes”;
(ii)
removed
in subparagraph (A) by striking “States and Indian tribes” and inserting “States, regional districts, and Indian tribes”;
(iii)
removed
in subparagraph (B)—
(I)
removed
in the matter preceding clause (i) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(II)
removed
in clause (ii) by striking “levees within the State” and inserting “levees within the State or regional district”; and
(III)
removed
in clause (iii) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(iv)
removed
in subparagraph (C)(ii) in the matter preceding subclause (I) by striking “State or tribal” and inserting “State, regional, or tribal”; and
(v)
removed
in subparagraph (E)—
(I)
removed
by striking “States and Indian tribes” each place it appears and inserting “States, regional districts, and Indian tribes”;
(II)
removed
in clause (ii)(II)—
(aa)
removed
in the matter preceding item (aa) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(bb)
removed
in item (aa) by striking “miles of levees in the State” and inserting “miles of levees in the State or regional district”; and
(cc)
removed
in item (bb) by striking “miles of levees in all States” and inserting “miles of levees in all States and regional districts”; and
(III)
removed
in clause (iii)—
(aa)
removed
by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and
(bb)
removed
by striking “State or tribal” and inserting “State, regional, or tribal”; and
(4)
removed
in subsection (h)—
(A)
removed
in paragraph (1) by striking “States, Indian tribes, and local governments” and inserting “States, regional districts, Indian tribes, and local governments”;
(B)
removed
in paragraph (2)—
(i)
removed
in the matter preceding subparagraph (A) by striking “State, Indian tribe, or local government” and inserting “State, regional district, Indian tribe, or local government”; and
(ii)
removed
in subparagraph (E) in the matter preceding clause (i) by striking “State or tribal” and inserting “State, regional, or tribal”;
(C)
removed
in paragraph (3)—
(i)
removed
in subparagraph (A) by striking “State, Indian tribe, or local government” and inserting “State, regional district, Indian tribe, or local government”; and
(ii)
removed
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)
removed
in paragraph (4)(A)(i) by striking “State or tribal” and inserting “State, regional, or tribal”.
(d)
removed
Reports— Section 9006 of the Water Resources Development Act of 2007 (33 U.S.C. 3303b) is amended—
(1)
removed
in subsection (a)(1)—
(A)
removed
in the matter preceding subparagraph (A) 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)
removed
in subparagraph (B) by striking “State and tribal” and inserting “State, regional, and tribal”;
(2)
removed
in subsection (c)—
(A)
removed
in the matter preceding paragraph (1)—
(i)
removed
by striking “2 years after the date of enactment of this subsection” and inserting “2 years after the date of enactment of the Water Resources Development Act of 2016”; and
(ii)
removed
by striking “State, tribal, and local” and inserting “State, regional, tribal, and local”;
(B)
removed
in paragraph (2) by striking “State and tribal” and inserting “State, regional, and tribal”; and
(C)
removed
in paragraph (4) by striking “State and local” and inserting “State, regional, tribal, and local”; and
(3)
removed
in subsection (d)—
(A)
removed
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)
removed
in paragraph (2) by striking “State or tribal” and inserting “State, regional, or tribal”.
Sec. 128
Multistate activities
changed
Section 221(b)(1) 22 of the Flood Control Water Resources Development Act of 1970 1974 (42 U.S.C. 1962d–5b(b)(1)) 1962d–16) is amended by inserting “and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation” after “Indian tribe”.amended—
(1)
added
in subsection (a)(1)—
(A)
added
by striking “or other non-Federal interest” and inserting “, group of States, or non-Federal interest”;
(B)
added
by inserting “or group of States” after “working with a State”; and
(C)
added
by inserting “or group of States” after “boundaries of such State”; and
(2)
added
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 carrying out subsection (a)(1).”.
Sec. 129
Regional participation assurance for levee safety activities
(a)
added
National levee safety program— Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended—
(1)
added
in paragraph (11) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(2)
added
by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and
(3)
added
by inserting after paragraph (11) the following:
added
“(12) Regional district—The term regional district means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.”
removed
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—
(b)
changed
Inventory and inspection of levees— in Section 9004 of the section heading by inserting “and Indian tribes” after “territories”; andWater Resources Development Act of 2007 (33 U.S.C. 3303) is amended—
(1)
renumbered
was (4)
in subsection (a)—
(A)
added
in paragraph (1) by striking “one year after the date of enactment of this Act” and inserting “1 year after the date of enactment of the Water Resources Development Act of 2016”;
(B)
added
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)
added
in paragraph (3)—
(i)
added
in the heading for subparagraph (A) by striking “federal, State, and local” and inserting “federal, State, regional, tribal, and local”; and
(ii)
added
in subparagraph (A) by striking “Federal, State, and local” and inserting “Federal, State, regional, tribal, and local”; and
(2)
added
in subsection (c)—
(A)
added
in paragraph (4)—
(i)
added
in the paragraph heading by striking “State and tribal” and inserting “State, regional, and tribal”; and
(ii)
added
by striking “State or Indian tribe” each place it appears and inserting “State, regional district, or Indian tribe”; and
(B)
added
in paragraph (5)—
(i)
added
by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and
(ii)
added
by striking “chief executive of the tribal government” and inserting “chief executive of the regional district or tribal government”.
(c)
added
Levee safety initiative— Section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a) is amended—
(A)
removed
by striking “projects in American” and inserting
removed
“(1) in American”
(1)
changed
by striking the period at the end and inserting “; and”; andin subsection (c)—
(A)
added
in paragraph (1)—
(i)
added
in the matter preceding subparagraph (A)—
(I)
added
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)
added
by striking “State, local, and tribal governments and organizations” and inserting “State, regional, local, and tribal governments and organizations”; and
(ii)
added
in subparagraph (A) by striking “Federal, State, tribal, and local agencies” and inserting “Federal, State, regional, local, and tribal agencies”;
(B)
added
in paragraph (3)—
(i)
added
in subparagraph (A) by striking “State, local, and tribal governments” and inserting “State, regional, local, and tribal governments”; and
(ii)
added
in subparagraph (B) by inserting “, regional, or tribal” after “State” each place it appears; and
(C)
added
in paragraph (5)(A) by striking “States, non-Federal interests, and other appropriate stakeholders” and inserting “States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders”;
(2)
changed
by adding at the end in subsection (e)(1) in the following:matter preceding subparagraph (A) by striking “States, communities, and levee owners” and inserting “States, regional districts, Indian tribes, communities, and levee owners”;
(3)
added
in subsection (g)—
(A)
added
in the subsection heading by striking “State and Tribal” and inserting “State, Regional, and Tribal”;
(B)
added
in paragraph (1)—
(i)
added
in subparagraph (A)—
(I)
added
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)
added
by striking “State or tribal” and inserting “State, regional, or tribal”; and
(ii)
added
in subparagraph (B)—
(I)
added
by striking “State and Indian tribe” and inserting “State, regional district, and Indian tribe”; and
(II)
added
by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and
(C)
added
in paragraph (2)—
(i)
added
in the paragraph heading by striking “states” and inserting “states, Regional Districts, and Indian Tribes”;
(ii)
added
in subparagraph (A) by striking “States and Indian tribes” and inserting “States, regional districts, and Indian tribes”;
(iii)
added
in subparagraph (B)—
(I)
added
in the matter preceding clause (i) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(II)
added
in clause (ii) by striking “levees within the State” and inserting “levees within the State or regional district”; and
(III)
added
in clause (iii) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(iv)
added
in subparagraph (C)(ii) in the matter preceding subclause (I) by striking “State or tribal” and inserting “State, regional, or tribal”; and
(v)
added
in subparagraph (E)—
(I)
added
by striking “States and Indian tribes” each place it appears and inserting “States, regional districts, and Indian tribes”;
(II)
added
in clause (ii)(II)—
(aa)
added
in the matter preceding item (aa) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”;
(bb)
added
in item (aa) by striking “miles of levees in the State” and inserting “miles of levees in the State or regional district”; and
(cc)
added
in item (bb) by striking “miles of levees in all States” and inserting “miles of levees in all States and regional districts”; and
(III)
added
in clause (iii)—
(aa)
added
by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and
(bb)
added
by striking “State or tribal” and inserting “State, regional, or tribal”; and
(4)
added
in subsection (h)—
(A)
added
in paragraph (1) by striking “States, Indian tribes, and local governments” and inserting “States, regional districts, Indian tribes, and local governments”;
(B)
added
in paragraph (2)—
(i)
added
in the matter preceding subparagraph (A) by striking “State, Indian tribe, or local government” and inserting “State, regional district, Indian tribe, or local government”; and
(ii)
added
in subparagraph (E) in the matter preceding clause (i) by striking “State or tribal” and inserting “State, regional, or tribal”;
(C)
added
in paragraph (3)—
(i)
added
in subparagraph (A) by striking “State, Indian tribe, or local government” and inserting “State, regional district, Indian tribe, or local government”; and
(ii)
added
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)
added
in paragraph (4)(A)(i) by striking “State or tribal” and inserting “State, regional, or tribal”.
(d)
added
Reports— Section 9006 of the Water Resources Development Act of 2007 (33 U.S.C. 3303b) is amended—
(1)
added
in subsection (a)(1)—
(A)
added
in the matter preceding subparagraph (A) 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)
added
in subparagraph (B) by striking “State and tribal” and inserting “State, regional, and tribal”;
(2)
added
in subsection (c)—
(A)
added
in the matter preceding paragraph (1)—
(i)
added
by striking “2 years after the date of enactment of this subsection” and inserting “2 years after the date of enactment of the Water Resources Development Act of 2016”; and
(ii)
added
by striking “State, tribal, and local” and inserting “State, regional, tribal, and local”;
(B)
added
in paragraph (2) by striking “State and tribal” and inserting “State, regional, and tribal”; and
(C)
added
in paragraph (4) by striking “State and local” and inserting “State, regional, tribal, and local”; and
(3)
added
in subsection (d)—
(A)
added
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)
added
in paragraph (2) by striking “State or tribal” and inserting “State, regional, or tribal”.
removed
“(2) for a federally recognized Indian tribe.”
Sec. 130
Participation of non-Federal interests
added
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 Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation” after “Indian tribe”.
(a)
removed
Findings— Congress finds the following:
(1)
removed
Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.
(2)
removed
The Water Resources Reform and Development Act of 2014 (Public Law 113–121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight.
(3)
removed
Section 7001 of the Water Resources Reform 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 Future Water Resources Development and, as part of the annual report process, to—
(A)
removed
publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and
(B)
removed
review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under section 7001.
(4)
removed
Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.
(5)
removed
To ensure that Congress can gain a thorough understanding of the water resources development 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)
removed
Dissemination of process information— The Secretary shall develop, support, and implement education 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)
removed
develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests;
(2)
removed
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
(3)
removed
provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
changed
Section 7001(f) 1156 of the Water Resources Reform and Development Act of 2014 1986 (33 U.S.C. 2282d(f)) 2310) is amended by adding at the end the following:amended—
(1)
added
in the section heading by inserting “and Indian tribes” after “territories”; and
(2)
added
in subsection (a)—
(A)
added
by striking “projects in American” and inserting
added
“(1) in American”
(B)
added
by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following:
added
“(2) for a federally recognized Indian tribe.”
removed
“(5) Water resources development project—The term water resources development project includes a project under an environmental infrastructure assistance program.”
Sec. 132
Dissemination of information on the annual report process
(a)
added
Findings— Congress finds the following:
(1)
added
Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.
(2)
added
The Water Resources Reform and Development Act of 2014 (Public Law 113–121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight.
(3)
added
Section 7001 of the Water Resources Reform 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 Future Water Resources Development and, as part of the annual report process, to—
(A)
added
publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and
(B)
added
review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under section 7001.
(4)
added
Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.
(5)
added
To ensure that Congress can gain a thorough understanding of the water resources development 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)
added
Dissemination of process information— The Secretary shall develop, support, and implement education 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)
added
develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests;
(2)
added
provide written notice to previous and potential non-Federal interests and local elected officials on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers;
(3)
added
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
(4)
added
provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
removed
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, including an estimate of the costs of preparing a feasibility report.
Sec. 133
Scope of projects
added
Section 7001(f) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(f)) is amended by adding at the end the following:
added
“(5) Water resources development project—The term water resources development project includes a project under an environmental infrastructure assistance program.”
(a)
removed
In general— The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
(1)
removed
may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
(2)
removed
shall be submitted, upon completion, to—
(A)
removed
the Committee on Environment and Public Works of the Senate; and
(B)
removed
the Committee on Transportation and Infrastructure of the House of Representatives.
(b)
removed
Completion review— With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
(1)
removed
review the report; and
(2)
removed
provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
(c)
removed
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 Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
(d)
removed
Post-Authorization change report inclusions— In this section, the term post-authorization change report includes—
(1)
removed
a general reevaluation report;
(2)
removed
a limited reevaluation report; and
(3)
removed
any other report that recommends the modification of an authorized water resources development project.
Sec. 134
Preliminary feasibility study activities
added
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, including an estimate of the costs of preparing a feasibility report.
(a)
removed
In general— The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
(b)
removed
Scope— The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, data on—
(1)
removed
the volume of dredged material removed;
(2)
removed
the initial cost estimate of the Corps of Engineers;
(3)
removed
the total cost;
(4)
removed
the party and vessel carrying out the work; and
(5)
removed
the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
Sec. 135
Post-authorization change reports
(a)
changed
In general— Section 2040 The completion of a post-authorization change report prepared by the Water Resources Development Act Corps of 2007 (33 U.S.C. 2345) is amended to read as follows:Engineers for a water resources development project—
(1)
added
may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
(2)
added
shall be submitted, upon completion, to—
(A)
added
the Committee on Environment and Public Works of the Senate; and
(B)
added
the Committee on Transportation and Infrastructure of the House of Representatives.
removed
“2040. Electronic submission and tracking of permit applications
removed
“(a) Development of electronic system
removed
“(1) In general—The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.
removed
“(2) Inclusion—The electronic system required under paragraph (1) shall address—
removed
“(A) applications for standard individual permits;
removed
“(B) applications for letters of permission;
removed
“(C) joint applications with States for State and Federal permits;
removed
“(D) applications for emergency permits;
removed
“(E) applications or requests for jurisdictional determinations; and
removed
“(F) preconstruction notification submissions, when required for a nationwide or other general permit.
removed
“(3) Improving existing data systems—The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.
removed
“(4) Protection of information—The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.
removed
“(b) System requirements—The electronic system required under subsection (a) shall—
removed
“(1) enable an applicant or requestor to prepare electronically an application for a permit or request;
removed
“(2) enable an applicant or requestor to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
removed
“(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;
removed
“(4) provide an online interactive guide to provide assistance to an applicant or requestor at any time while filling out the permit application or request; and
removed
“(5) enable an applicant or requestor (or a designated agent) to track the status of a permit application or request in a manner that will—
removed
“(A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
removed
“(B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
removed
“(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
removed
“(c) Documentation—All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.
removed
“(d) Record of determinations
removed
“(1) In general—The Secretary shall maintain, for a minimum of 5 years, a record of all permit decisions and jurisdictional determinations made by the Secretary, including documentation supporting the basis of the decisions and determinations.
removed
“(2) Archiving of information—The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).
removed
“(e) Availability of determinations
removed
“(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.
removed
“(2) Protection of information—The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.
removed
“(f) Deadline for electronic system implementation
removed
“(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.
removed
“(2) Report on electronic system implementation—Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section.
removed
“(g) Applicability—The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016.
removed
“(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)
changed
Clerical amendment—Completion review— The table of contents in section 1(b) of the Water Resources Development Act of 2007 is amended With respect to a post-authorization change report subject to review by striking the item relating to section 2040 and inserting Secretary, the following:Secretary shall, not later than 120 days after the date of completion of such report—
(1)
added
review the report; and
(2)
added
provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
(c)
added
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 Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
(d)
added
Post-Authorization change report inclusions— In this section, the term post-authorization change report includes—
(1)
added
a general reevaluation report;
(2)
added
a limited reevaluation report; and
(3)
added
any other report that recommends the modification of an authorized water resources development project.
Sec. 136
Maintenance dredging data
(a)
added
In general— The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
(b)
added
Scope— The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, data on—
(1)
added
the volume of dredged material removed;
(2)
added
the initial cost estimate of the Corps of Engineers;
(3)
added
the total cost;
(4)
added
the party and vessel carrying out the work; and
(5)
added
the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
removed
Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) is amended to read as follows:
removed
“2017. Access to water resource data
removed
“(a) In general—Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
removed
“(1) the planning, design, construction, operation, and maintenance of water resources development projects; and
removed
“(2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
removed
“(b) Limitation—Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
removed
“(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.
removed
“(d) Partnerships—In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.”
Sec. 137
Electronic submission and tracking of permit applications
(a)
added
In general— Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended to read as follows:
added
“2040. Electronic submission and tracking of permit applications
added
“(a) Development of electronic system
added
“(1) In general—The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.
added
“(2) Inclusion—The electronic system required under paragraph (1) shall address—
added
“(A) applications for standard individual permits;
added
“(B) applications for letters of permission;
added
“(C) joint applications with States for State and Federal permits;
added
“(D) applications for emergency permits;
added
“(E) applications or requests for jurisdictional determinations; and
added
“(F) preconstruction notification submissions, when required for a nationwide or other general permit.
added
“(3) Improving existing data systems—The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.
added
“(4) Protection of information—The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.
added
“(b) System requirements—The electronic system required under subsection (a) shall—
added
“(1) enable an applicant or requester to prepare electronically an application for a permit or request;
added
“(2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
added
“(3) enable an applicant or requester 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;
added
“(4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
added
“(5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
added
“(A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
added
“(B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
added
“(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
added
“(c) Documentation—All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.
added
“(d) Record of determinations
added
“(1) In general—The Secretary shall maintain, for a minimum of 5 years, a record of all permit decisions and jurisdictional determinations made by the Secretary, including documentation supporting the basis of the decisions and determinations.
added
“(2) Archiving of information—The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).
added
“(e) Availability of determinations
added
“(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.
added
“(2) Protection of information—The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.
added
“(f) Deadline for electronic system implementation
added
“(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.
added
“(2) Report on electronic system implementation—Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section.
added
“(g) Applicability—The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016.
added
“(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.”
(a)
removed
Project deauthorization—
(1)
removed
In general— A water resources development 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 beginning on the date of enactment of this Act unless funds have been obligated for construction of such project during that period.
(2)
removed
Identification of projects— Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1).
(b)
changed
Report to Congress—Clerical amendment— Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment The table of this Act, the Secretary shall submit to the Committee on Environment and Public Works contents in section 1(b) of the Senate and the Committee on Transportation and Infrastructure Water Resources Development Act of 2007 is amended by striking the House of Representatives, and make available item relating to section 2040 and inserting the public, a report that contains—following:
(1)
removed
a list of any water resources development projects authorized by this Act for which construction has not been completed during that period;
(2)
removed
a description of the reasons the projects were not completed;
(3)
removed
a schedule for the completion of the projects based on expected levels of appropriations; and
(4)
removed
a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.
Sec. 138
Data transparency
added
Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) is amended to read as follows:
added
“2017. Access to water resource data
added
“(a) In general—Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
added
“(1) the planning, design, construction, operation, and maintenance of water resources development projects; and
added
“(2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
added
“(b) Limitation—Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
added
“(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.
added
“(d) Partnerships—In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.”
(a)
removed
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)
removed
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 report,”.
Sec. 139
Backlog prevention
(a)
added
Project deauthorization—
(1)
added
In general— A water resources development 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 beginning on the date of enactment of this Act unless funds have been obligated for construction of such project during that period.
(a)
removed
In general— In conjunction with the President'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 Representatives a report that describes—
(2)
changed
Identification of projects— Not later than 60 days after the metrics used expiration of the 7-year period referred to in developing paragraph (1), the civil works budget for Secretary shall submit to the applicable fiscal year;Committee on Environment and Public 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)
added
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 Infrastructure of the House of Representatives, and make available to the public, a report that contains—
(2)
removed
the metrics used in developing each business line in the civil works budget; and
(3)
removed
how projects are prioritized in the applicable budget submission, including how the Secretary determines those projects for which construction initiation is recommended.
(b)
removed
Notification—
(1)
removed
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 estimate.
(1)
changed
Covered revised budget estimate defined— In this subsection, the term covered revised budget estimate means a budget estimate for a list of any water resources development study, project, or activity that differs from the estimate most recently specified projects authorized by this Act for which construction has not been completed during that study, project, or activity in a budget of the President submitted under section 1105(a) of title 31, United States Code.period;
(2)
added
a description of the reasons the projects were not completed;
(3)
added
a schedule for the completion of the projects based on expected levels of appropriations; and
(4)
added
a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.
Sec. 140
Quality control
added
(a)
added
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)
added
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 report,”.
Sec. 141
Budget development and prioritization
added
(a)
added
In general— In conjunction with the President'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 Representatives a report that describes—
(1)
added
the metrics used in developing the civil works budget for the applicable fiscal year;
(2)
added
the metrics used in developing each business line in the civil works budget; and
(3)
added
how projects are prioritized in the applicable budget submission, including how the Secretary determines those projects for which construction initiation is recommended.
(1)
added
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 estimate.
(2)
added
Covered revised budget estimate defined— In this subsection, the term covered revised budget estimate means a budget estimate for a water resources development study, project, or activity 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.
Sec. 142
Use of natural and nature-based features
added
(a)
added
Report— Not later than February 1, 2017, and biennially thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the use of natural and nature-based features in water resources development projects, including flood risk reduction, coastal resiliency, and ecosystem restoration projects.
(b)
added
Contents— The report shall include, at a minimum, the following:
(1)
added
An assessment of the observed and potential impacts of the use of natural and nature-based features on the cost and effectiveness of water resources development projects and any co-benefits resulting from the use of such features.
(2)
added
A description of any statutory, fiscal, or regulatory barrier to the appropriate consideration and use of natural and nature-based features in carrying out water resources development projects.
Sec. 143
Annual report on purchase of foreign manufactured articles
added
added
Section 213(a) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4831) is amended by adding at the end the following:
added
“(4) Annual report on purchase of foreign manufactured articles
added
“(A) In general—Not later than 90 days after the last day of each fiscal year, the Secretary shall submit to Congress a report on the amount of acquisitions in such fiscal year made by the Corps of Engineers for civil works projects from entities that manufactured the articles, materials, or supplies outside of the United States.
added
“(B) Contents—The report required under subparagraph (A) shall indicate, for each acquisition—
added
“(i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; and
added
“(ii) a summary of the total procurement funds spent on goods manufactured in the United States and the total procurement funds spent on goods manufactured outside of the United States.
added
“(C) Public availability—Not later than 30 days after the submission of a report under subparagraph (A), the Secretary shall make such report publicly available on the agency’s Web site.”
Sec. 144
Integrated water resources planning
added
added
In carrying out a feasibility study for a water resources development project, the Secretary shall coordinate with communities in the watershed covered by such study to determine if a local or regional water management plan exists or is under development for the purposes of stormwater management, water quality improvement, aquifer recharge, or water reuse. If such a local or regional water management plan exists for the watershed, the Secretary shall, in cooperation with the non-Federal sponsor for the plan and affected local public entities, avoid adversely affecting the purposes of the plan and, where feasible, incorporate the purposes of the plan into the Secretary’s feasibility study.
Sec. 145
Evaluation of project partnership agreements
added
added
To the maximum extent practicable, the Secretary shall prioritize and complete the activities required of the Secretary under section 1013 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1218).
Sec. 146
Additional measures at donor ports and energy transfer ports
added
added
Section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) is amended—
(1)
added
in subsection (a)(4)(A) by striking “Code of Federal Regulation” and inserting “Code of Federal Regulations”; and
(2)
added
in subsection (f)—
(A)
added
in paragraph (1) by striking “2018” and inserting “2020”; and
(B)
added
in paragraph (3)—
(i)
added
by striking “2015 through 2018” and inserting “2016 through 2020”; and
(ii)
added
by striking “2019 through 2022” and inserting “2021 through 2025”.
Sec. 147
Arctic deep draft port development partnerships
added
added
Section 2105 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2243) is amended—
(1)
added
by striking “(25 U.S.C. 450b))” each place it appears and inserting “(25 U.S.C. 450b)) and Native villages, Regional Corporations, and Village Corporations (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))”;
(2)
added
by redesignating subsection (d) as subsection (e); and
(3)
added
by inserting after subsection (c) the following:
added
“(d) Consideration of national security interests—In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary shall consult with the Secretary of Homeland Security and the Secretary of Defense to identify national security benefits associated with the Arctic deep draft port.”
Sec. 148
International outreach program
added
added
Section 401(a) of the Water Resources Development Act of 1992 (33 U.S.C. 2329(a)) is amended to read as follows:
added
“(a) Authorization
added
“(1) In general—The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.
added
“(2) Inclusions—Activities under paragraph (1) may include—
added
“(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
added
“(B) research, development, training, and other forms of technology transfer and exchange; and
added
“(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.”
Sec. 149
Comprehensive study
added
(a)
added
In general— The Secretary shall conduct a comprehensive study on the flood risks for vulnerable coastal populations in areas within the boundaries of the South Atlantic Division of the Corps of Engineers.
(b)
added
Inclusions— In carrying out the study, the Secretary shall identify—
(1)
added
activities that warrant additional analysis by the Corps of Engineers; and
(2)
added
institutional and other barriers to providing protection to the vulnerable coastal populations.
(c)
added
Coordination— The Secretary shall conduct the study in coordination with appropriate Federal agencies and State, local, and tribal entities to ensure consistency with related plans.
(d)
added
Authorization of appropriations— There is authorized to be appropriated $6,000,000 to carry out this section.
Sec. 150
Alternative models for managing Inland Waterways Trust Fund
added
(a)
added
Study— The Comptroller General of the United States shall conduct a study to analyze alternative models for managing the Inland Waterways Trust Fund, including the management of—
(1)
added
project schedules for projects receiving assistance from the fund; and
(2)
added
expenditures from the fund.
(b)
added
Contents— In conducting the study, the Comptroller General shall examine, at a minimum, the costs and benefits of transferring management of the fund to a not-for-profit corporation or government-owned corporation.
(c)
added
Considerations— In assessing costs and benefits under subsection (b), the Comptroller General shall consider, among other factors—
(1)
added
the benefits to the taxpayer;
(2)
added
the impact on project delivery; and
(3)
added
the impact on jobs.
(d)
added
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. 151
Alternative projects to maintenance dredging
added
added
The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a channel if the alternative project would lower the overall costs of maintaining the channel.
Sec. 152
Fish hatcheries
added
(a)
added
In general— Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a similar State law.
(b)
added
Costs— A non-Federal entity, a Federal agency other than the Department of Defense, or a group of non-Federal entities or such Federal agencies shall be responsible for 100 percent of the costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of the date of enactment of this Act for the fish hatchery.
Sec. 153
Environmental banks
added
(a)
added
Establishment— Not later than 180 days after the date of enactment of this Act, the Chairperson of the Gulf Coast Ecosystem Restoration Council, with the concurrence of two-thirds of the Council, shall issue such regulations as are necessary for the establishment of procedures and processes for the use, maintenance, and oversight of environmental banks for purposes of mitigating adverse environmental impacts sustained by construction or other activities as required by law or regulation.
(b)
added
Requirements— The regulations issued pursuant to subsection (a) shall—
(1)
added
set forth procedures for certification of environmental banks, including criteria for adoption of an environmental banking instrument;
(2)
added
provide a mechanism for the transfer of environmental credits;
(3)
added
provide for priority certification to environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion, including the restoration of resources within the scope of a project authorized for construction;
(4)
added
ensure certification is given only to banks with secured adequate financial assurance and appropriate legally enforceable protection for restored lands or resources;
(5)
added
stipulate conditions under which cross-crediting of environmental services may occur and provide standards for the conversion of such crediting;
(6)
added
establish performance criteria for environmental banks;
(7)
added
establish criteria for the operation and monitoring of environmental banks; and
(8)
added
establish a framework whereby the purchase of credit from an environmental bank may be used to offset or satisfy past, current, or future adverse environmental impacts or liability under law to wetlands, water, wildlife, or other natural resources.
(c)
added
Consideration— In developing the regulations required under subsection (a), the Chairperson shall take into consideration habitat equivalency analysis.
(d)
added
Modifications— The Chairperson may modify or update the regulations issued pursuant to this section, subject to appropriate consultation and public participation, provided that two-thirds of the Gulf Coast Ecosystem Restoration Council approves the modification or update.
(e)
added
Definition of environmental bank— In this section, the term “environmental bank” means a project, project increment, or projects for purposes of restoring, creating, enhancing, or preserving natural resources in a designated site to provide for credits to offset adverse environmental impacts.
(f)
added
Savings clause— Nothing in this section—
(1)
added
affects the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or
(2)
added
affects the obligations or requirements of any Federal environmental law.
Sec. 202
Expedited completion of reports for certain projects
(a)
Feasibility reports— The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1)
Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona.
(2)
changed
Project for flood risk management, Lower San Joaquin River, California.California. In carrying out the feasibility study for the project, the Secretary shall include Reclamation District 17 as part of the study.
(3)
Project for flood risk management and ecosystem restoration, Sacramento River Flood Control System, California.
(4)
Project for hurricane and storm damage risk reduction, Ft. Pierce, Florida.
(5)
Project for flood risk management, Des Moines and Raccoon Rivers, Iowa.
(6)
Project for navigation, Mississippi River Ship Channel, Louisiana.
(7)
Project for flood risk management, North Branch Ecorse Creek, Wayne County, Michigan.
(8)
added
Project for flood risk management, Rahway River Basin (Upper Basin), New Jersey.
(9)
renumbered
was (2)(10)
Project for navigation, Upper Ohio River, Pennsylvania.
(b)
changed
Post-Authorization change reports— The Secretary shall expedite completion of a post-authorization change report for each of the following projects:
(1)
Project for flood risk management, Swope Park Industrial Area, Kansas City, Missouri.
(2)
Project for hurricane and storm damage risk reduction, New Hanover County, North Carolina.
Sec. 301
Deauthorization of inactive projects
(a)
Purposes— The purposes of this section are—
(1)
to identify $5,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to—
(A)
a lack of local support;
(B)
a lack of available Federal or non-Federal resources; or
(C)
an authorizing purpose that is no longer relevant or feasible;
(2)
to create an expedited and definitive process for Congress to deauthorize water resources development projects that are no longer viable for construction; and
(3)
to allow the continued authorization of water resources development projects that are viable for construction.
(b)
Interim deauthorization list—
(1)
In general— The Secretary shall develop an interim deauthorization list that identifies—
(A)
each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—
(i)
planning, design, or construction was not initiated before the date of enactment of this Act; or
(ii)
planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 6 preceding fiscal years; and
(B)
each project or separable element identified and included on a list to Congress for deauthorization pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(2)
Public comment and consultation—
(A)
In general— The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1).
(B)
Comment period— The public comment period shall be 90 days.
(3)
Submission to congress; publication— Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall—
(A)
submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B)
publish the revised interim deauthorization list in the Federal Register.
(c)
Final deauthorization list—
(1)
In general— The Secretary shall develop a final deauthorization list of water resources development projects, or separable elements of projects, from the revised interim deauthorization list described in subsection (b)(3).
(2)
Deauthorization amount—
(A)
Proposed final list— The Secretary shall prepare a proposed final deauthorization list of projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $5,000,000,000.
(B)
Determination of Federal cost to complete— For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), as applied to the most recent project schedule and cost estimate.
(3)
Identification of projects—
(A)
Sequencing of projects—
(i)
In general— The Secretary shall identify projects and separable elements of projects for inclusion on the proposed final deauthorization list according to the order in which the projects and separable elements of the projects were authorized, beginning with the earliest authorized projects and separable elements of projects and ending with the latest project or separable element of a project necessary to meet the aggregate amount under paragraph (2).
(ii)
Factors to consider— The Secretary may identify projects and separable elements of projects in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment.
(iii)
Consideration of public comments— In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(3).
(B)
Appendix— The Secretary shall include as part of the proposed final deauthorization list an appendix that—
(i)
identifies each project or separable element of a project on the interim deauthorization list developed under subsection (b) that is not included on the proposed final deauthorization list; and
(ii)
describes the reasons why the project or separable element is not included on the proposed final list.
(4)
Public comment and consultation—
(A)
changed
In general— The Secretary shall solicit comments from the public and the Governors Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs (2) and (3).
(B)
Comment period— The public comment period shall be 90 days.
(5)
Submission of final list to Congress; publication— Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall—
(A)
submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B)
publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register.
(d)
Deauthorization; congressional review—
(1)
In general— After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a project or separable element of a project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period.
(2)
Non-Federal contributions—
(A)
In general— A project or separable element of a project identified in the final deauthorization list under subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project.
(B)
Treatment of projects— Notwithstanding subparagraph (A), each project and separable element of a project identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection (c)(2).
(3)
Projects identified in appendix— A project or separable element of a project identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress.
(e)
Special rule for projects receiving funds for post-Authorization study— A project or separable element of a project may not be identified on the interim deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 6 preceding fiscal years.
(1)
Definitions— In this section, the following definitions apply:
(A)
Post-authorization study— The term post-authorization study means—
(i)
a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282);
(ii)
a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or
(iii)
a review conducted under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), including an initial appraisal that—
(I)
demonstrates a Federal interest; and
(II)
requires additional analysis for the project or separable element.
(B)
Water resources development project— The term water resources development project includes an environmental infrastructure assistance project or program of the Corps of Engineers.
(2)
Treatment of project modifications— For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.
Sec. 308
Huntingdon County, Pennsylvania
(a)
added
In general— The Secretary shall—
(1)
added
prioritize the updating of the Master Plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182); and
(2)
added
ensure that alternatives for additional recreation access and development at the project are fully assessed, evaluated, and incorporated as a part of the update.
removed
Section 38(c) of the Water Resources Development Act of 1988 (33 U.S.C. 59j–1(c)) is amended—
(b)
changed
Participation— by striking “(except 30 years from such date of enactment, The update referred to in the case subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the area or any part thereof described in subsection (a)(5))”; andpublic.
(2)
removed
by adding at the end the following: “Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.”.
Sec. 309
Rivercenter, Philadelphia, Pennsylvania
changed
The Secretary shall accept from the Trinity River Authority of Texas, if received by September 30, 2016, $31,233,401 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a. (relating to project investment costs) of contract number DACW63–76–C–0106, as Section 38(c) of the date of enactment Water Resources Development Act of this Act.1988 (33 U.S.C. 59j–1(c)) is amended—
(1)
added
by striking “(except 30 years from such date of enactment, in the case of the area or any part thereof described in subsection (a)(5))”; and
(2)
added
by adding at the end the following: “Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.”.
Sec. 310
Joe Pool Lake, Texas
added
The Secretary shall accept from the Trinity River Authority of Texas, if received by September 30, 2016, $31,233,401 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a. (relating to project investment costs) of contract number DACW63–76–C–0106, as of the date of enactment of this Act.
(a)
removed
In general— The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 278), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
(b)
removed
Certain project-Related claims— The non-Federal interest for the project shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project.
(c)
removed
Transfer— The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal interest.
(d)
removed
Reversion— If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to the land and improvements thereon shall revert, at the discretion of the Secretary, to the United States.
Sec. 311
Salt Creek, Graham, Texas
(a)
changed
In general— The portion project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 278), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
(b)
changed
Description—Certain project-Related claims— The portion of non-Federal interest for the Texas City Ship Channel described in this subsection is a tract project shall hold and save the United States harmless from any claim that has arisen, or parcel containing 393.53 acres (17,142,111 square feet) of land situated that may arise, in connection with the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows:project.
(c)
added
Transfer— The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal interest.
(d)
added
Reversion— If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to the land and improvements thereon shall revert, at the discretion of the Secretary, to the United States.
(1)
removed
Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–3” set in the top of the Texas City Dike along the east side of Bay Street bears North 56° 14′ 32″ West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–2” set in the top of the Texas City Dike along the east side of Bay Street bears North 49° 13′ 20″ West, a distance of 6,693.64 feet.
(2)
removed
Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances:
(A)
removed
South 75° 49′ 13″ East, a distance of 298.08 feet to an angle point of the tract herein described.
(B)
removed
South 81° 16′ 26″ East, a distance of 170.58 feet to an angle point of the tract herein described.
(C)
removed
South 79° 20′ 31″ East, a distance of 802.34 feet to an angle point of the tract herein described.
(D)
removed
South 75° 57′ 32″ East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right.
(E)
removed
Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24° 55′ 59″, a chord of South 68° 47′ 35″ East – 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left.
(F)
removed
Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31° 57′ 42″, a chord of South 66° 10′ 42″ East – 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right.
(G)
removed
Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02° 04′ 10″, a chord of South 81° 56′ 20″ East – 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described.
(H)
removed
Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133° 08′ 00″, a chord of South 14° 20′ 15″ East – 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described.
(3)
removed
Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances:
(A)
removed
North 78° 01′ 58″ West, a distance of 840.90 feet to an angle point of the tract herein described.
(B)
removed
North 76° 58′ 35″ West, a distance of 976.66 feet to an angle point of the tract herein described.
(C)
removed
North 76° 44′ 33″ West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left.
(D)
removed
Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82° 27′ 32″, a chord of South 62° 01′ 41″ West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left.
(E)
removed
Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11° 06′ 58″, a chord of South 15° 14′ 26″ West – 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described.
(F)
removed
South 64° 37′ 11″ West, a distance of 146.03 feet to an angle point of the tract herein described.
(G)
removed
South 67° 08′ 21″ West, a distance of 194.42 feet to an angle point of the tract herein described.
(H)
removed
North 34° 48′ 22″ West, a distance of 789.69 feet to an angle point of the tract herein described.
(I)
removed
South 42° 47′ 10″ West, a distance of 161.01 feet to an angle point of the tract herein described.
(J)
removed
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)
removed
Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central 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)
removed
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 described, 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)
removed
Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances:
(A)
removed
North 01° 34′ 19″ East, a distance of 57.40 feet to an angle point of the tract herein described.
(B)
removed
North 05° 02′ 13″ West, a distance of 161.85 feet to an angle point of the tract herein described.
(C)
removed
North 06° 01′ 56″ East, a distance of 297.75 feet to an angle point of the tract herein described.
(D)
removed
North 06° 18′ 07″ West, a distance of 71.33 feet to an angle point of the tract herein described.
(E)
removed
North 07° 21′ 09″ West, a distance of 122.45 feet to an angle point of the tract herein described.
(F)
removed
North 26° 41′ 15″ West, a distance of 46.02 feet to an angle point of the tract herein described.
(G)
removed
North 01° 31′ 59″ West, a distance of 219.78 feet to an angle point of the tract herein described.
(H)
removed
North 15° 54′ 07″ West, a distance of 104.89 feet to an angle point of the tract herein described.
(I)
removed
North 04° 00′ 34″ East, a distance of 72.94 feet to an angle point of the tract herein described.
(J)
removed
North 06° 46′ 38″ West, a distance of 78.89 feet to an angle point of the tract herein described.
(K)
removed
North 12° 07′ 59″ West, a distance of 182.79 feet to an angle point of the tract herein described.
(L)
removed
North 20° 50′ 47″ West, a distance of 105.74 feet to an angle point of the tract herein described.
(M)
removed
North 02° 02′ 04″ West, a distance of 184.50 feet to an angle point of the tract herein described.
(N)
removed
North 08° 07′ 11″ East, a distance of 102.23 feet to an angle point of the tract herein described.
(O)
removed
North 08° 16′ 00″ West, a distance of 213.45 feet to an angle point of the tract herein described.
(P)
removed
North 03° 15′ 16″ West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left.
(Q)
removed
Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14° 00′ 05″, a chord of North 09° 36′ 03″ West – 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right.
(R)
removed
Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19° 13′ 34″, a chord of North 13° 52′ 03″ East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described.
(5)
removed
Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances:
(A)
removed
North 30° 45′ 02″ East, a distance of 189.03 feet to an angle point of the tract herein described.
(B)
removed
North 34° 20′ 49″ East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right.
(C)
removed
Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53′ 37″, a chord of North 33° 14′ 58″ East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left.
(D)
removed
Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23° 23′ 57″, a chord of North 48° 02′ 53″ East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right.
(E)
removed
Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24′ 19″, a chord of North 43° 01′ 40″ East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described.
(F)
removed
North 38° 56′ 50″ East, a distance of 126.41 feet to an angle point of the tract herein described.
(G)
removed
North 42° 59′ 50″ East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right.
(H)
removed
Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68° 36′ 31″, a chord of North 57° 59′ 42″ East – 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described.
(I)
removed
South 77° 14′ 49″ East, a distance of 131.60 feet to an angle point of the tract herein described.
(J)
removed
South 84° 44′ 18″ East, a distance of 86.58 feet to an angle point of the tract herein described.
(K)
removed
South 58° 14′ 45″ East, a distance of 69.62 feet to an angle point of the tract herein described.
(L)
removed
South 49° 44′ 51″ East, a distance of 149.00 feet to an angle point of the tract herein described.
(M)
removed
South 44° 47′ 21″ East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left.
(N)
removed
Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98° 53′ 23″, a chord of South 83° 28′ 51″ East – 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described.
(O)
removed
South 75° 49′ 13″ East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.
Sec. 312
Texas City Ship Channel, Texas City, Texas
added
(a)
added
In general— The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act.
(b)
added
Description— The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows:
(1)
added
Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–3” set in the top of the Texas City Dike along the east side of Bay Street bears North 56° 14′ 32″ West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–2” set in the top of the Texas City Dike along the east side of Bay Street bears North 49° 13′ 20″ West, a distance of 6,693.64 feet.
(2)
added
Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances:
(A)
added
South 75° 49′ 13″ East, a distance of 298.08 feet to an angle point of the tract herein described.
(B)
added
South 81° 16′ 26″ East, a distance of 170.58 feet to an angle point of the tract herein described.
(C)
added
South 79° 20′ 31″ East, a distance of 802.34 feet to an angle point of the tract herein described.
(D)
added
South 75° 57′ 32″ East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right.
(E)
added
Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24° 55′ 59″, a chord of South 68° 47′ 35″ East – 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left.
(F)
added
Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31° 57′ 42″, a chord of South 66° 10′ 42″ East – 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right.
(G)
added
Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02° 04′ 10″, a chord of South 81° 56′ 20″ East – 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described.
(H)
added
Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133° 08′ 00″, a chord of South 14° 20′ 15″ East – 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described.
(3)
added
Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances:
(A)
added
North 78° 01′ 58″ West, a distance of 840.90 feet to an angle point of the tract herein described.
(B)
added
North 76° 58′ 35″ West, a distance of 976.66 feet to an angle point of the tract herein described.
(C)
added
North 76° 44′ 33″ West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left.
(D)
added
Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82° 27′ 32″, a chord of South 62° 01′ 41″ West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left.
(E)
added
Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11° 06′ 58″, a chord of South 15° 14′ 26″ West – 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described.
(F)
added
South 64° 37′ 11″ West, a distance of 146.03 feet to an angle point of the tract herein described.
(G)
added
South 67° 08′ 21″ West, a distance of 194.42 feet to an angle point of the tract herein described.
(H)
added
North 34° 48′ 22″ West, a distance of 789.69 feet to an angle point of the tract herein described.
(I)
added
South 42° 47′ 10″ West, a distance of 161.01 feet to an angle point of the tract herein described.
(J)
added
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)
added
Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central 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)
added
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 described, 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)
added
Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances:
(A)
added
North 01° 34′ 19″ East, a distance of 57.40 feet to an angle point of the tract herein described.
(B)
added
North 05° 02′ 13″ West, a distance of 161.85 feet to an angle point of the tract herein described.
(C)
added
North 06° 01′ 56″ East, a distance of 297.75 feet to an angle point of the tract herein described.
(D)
added
North 06° 18′ 07″ West, a distance of 71.33 feet to an angle point of the tract herein described.
(E)
added
North 07° 21′ 09″ West, a distance of 122.45 feet to an angle point of the tract herein described.
(F)
added
North 26° 41′ 15″ West, a distance of 46.02 feet to an angle point of the tract herein described.
(G)
added
North 01° 31′ 59″ West, a distance of 219.78 feet to an angle point of the tract herein described.
(H)
added
North 15° 54′ 07″ West, a distance of 104.89 feet to an angle point of the tract herein described.
(I)
added
North 04° 00′ 34″ East, a distance of 72.94 feet to an angle point of the tract herein described.
(J)
added
North 06° 46′ 38″ West, a distance of 78.89 feet to an angle point of the tract herein described.
(K)
added
North 12° 07′ 59″ West, a distance of 182.79 feet to an angle point of the tract herein described.
(L)
added
North 20° 50′ 47″ West, a distance of 105.74 feet to an angle point of the tract herein described.
(M)
added
North 02° 02′ 04″ West, a distance of 184.50 feet to an angle point of the tract herein described.
(N)
added
North 08° 07′ 11″ East, a distance of 102.23 feet to an angle point of the tract herein described.
(O)
added
North 08° 16′ 00″ West, a distance of 213.45 feet to an angle point of the tract herein described.
(P)
added
North 03° 15′ 16″ West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left.
(Q)
added
Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14° 00′ 05″, a chord of North 09° 36′ 03″ West – 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right.
(R)
added
Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19° 13′ 34″, a chord of North 13° 52′ 03″ East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described.
(5)
added
Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances:
(A)
added
North 30° 45′ 02″ East, a distance of 189.03 feet to an angle point of the tract herein described.
(B)
added
North 34° 20′ 49″ East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right.
(C)
added
Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53′ 37″, a chord of North 33° 14′ 58″ East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left.
(D)
added
Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23° 23′ 57″, a chord of North 48° 02′ 53″ East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right.
(E)
added
Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24′ 19″, a chord of North 43° 01′ 40″ East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described.
(F)
added
North 38° 56′ 50″ East, a distance of 126.41 feet to an angle point of the tract herein described.
(G)
added
North 42° 59′ 50″ East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right.
(H)
added
Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68° 36′ 31″, a chord of North 57° 59′ 42″ East – 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described.
(I)
added
South 77° 14′ 49″ East, a distance of 131.60 feet to an angle point of the tract herein described.
(J)
added
South 84° 44′ 18″ East, a distance of 86.58 feet to an angle point of the tract herein described.
(K)
added
South 58° 14′ 45″ East, a distance of 69.62 feet to an angle point of the tract herein described.
(L)
added
South 49° 44′ 51″ East, a distance of 149.00 feet to an angle point of the tract herein described.
(M)
added
South 44° 47′ 21″ East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left.
(N)
added
Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98° 53′ 23″, a chord of South 83° 28′ 51″ East – 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described.
(O)
added
South 75° 49′ 13″ East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.