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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”.
(2)
removed Composition—
(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.
(2)
added Composition—
(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).

Sec. 119 Agreements

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.

Sec. 131 Indian tribes

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.
(b)
added Notification—
(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.
(f)
General provisions—
(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.