---
kind: "diff"
citation: "H.R. 8"
bill: "115-hr-8"
heading: "Water Resources Development Act of 2018"
from: "rh"
from_label: "Reported in House"
to: "eh"
to_label: "Engrossed in House"
sections_amended: 33
sections_added: 37
sections_removed: 0
url: "https://uscodex.org/bills/115/hr/8/changes/eh"
---
# H.R. 8 — what changed
H.R. 8, Water Resources Development Act of 2018 — 33 sections amended and 37 added between Reported in House and Engrossed in House.
Edits are marked `struck` and `inserted`.
## Sec. 102 Assessment of harbors and inland harbors
- Section 210(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—
- (a) Availability of amounts— Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—
- (1) in the section heading by striking “Authorization of appropriations” and inserting “Funding for harbor navigation”;
- (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and
- (3) by inserting after subsection (b) the following:
- “(c) Use of collected funds in fiscal year 2029 and thereafter
- “(1) Use of funds—In addition to amounts appropriated under subsections (a) and (b), there shall be available to the Secretary, out of the Harbor Maintenance Trust Fund, without further appropriation, for fiscal year 2029 and each fiscal year thereafter, such sums as may be necessary to carry out the purposes of subsection (a)(2).
- “(2) Availability of amounts—Amounts made available under this subsection shall remain available until expended.”
- (1) Conforming amendments— Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is further amended—in paragraph (1), by striking “shall assess the” and inserting “shall assess, and issue a report to Congress on, the”; and
- (2) in paragraph (2), by adding at the end the following:
- “(C) Opportunities for beneficial use of dredged materials—In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note).”
- (1) in subsection (d)(2)(A)(i) (as redesignated by subsection (a)(2) of this section) by striking “subsection (e)” and inserting “subsection (f)”;
- (2) in subsection (e)(3)(B)(i) (as redesignated by subsection (a)(2) of this section) by striking “subsection (c)(2)(A)” and inserting “subsection (d)(2)(A)”; and
- (3) in subsection (f)(2)(A)(ii) (as redesignated by subsection (a)(2) of this section) by striking “subsection (d)(2)” and inserting “subsection (e)(2)”.
## Sec. 103 Levee safety initiative reauthorization
- Subsection (f) of section 210 Title IX of the Water Resources Development Act of 1986 2007 (33 U.S.C. 2238), as redesignated by section 102, 3301 et seq.) is amended—
- (1) in paragraph (1), section 9005(g)(2)(E)(i), by striking “shall assess the” “2015 through 2019” and inserting “shall assess, and issue a report to Congress on, the”; “2019 through 2023”; and
- (2) in paragraph (2), section 9008, by adding at the end the following:striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.
- “(C) Opportunities for beneficial use of dredged materials—In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note).”
## Sec. 104 Dam safety
- Title IX Section 14 of the Water Resources Development National Dam Safety Program Act of 2007 (33 U.S.C. 3301 et seq.) 467j) is amended—amended by striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.
- (1) in section 9005(g)(2)(E)(i), by striking “2015 through 2019” and inserting “2019 through 2023”; and
- (2) in section 9008, by striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.
## Sec. 105 Rehabilitation of Corps of Engineers constructed dams
- Section 14 1177 of the National Dam Safety Program Water Resources Development Act of 2016 (33 U.S.C. 467j) 467f–2 note) is amended by striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.amended—
- (1) in subsection (e), by striking “$10,000,000” and inserting “$40,000,000”; and
- (2) in subsection (f), by striking “$10,000,000” and inserting “$40,000,000”.
## Sec. 106 Forecast-informed reservoir operations
- (a) Report on forecast-Informed reservoir operations— Not later than one year after the date of completion of the forecast-informed reservoir operations research study pilot program at Coyote Valley Dam, Russian River Basin, California (authorized by the River and Harbor Act of 1950 (64 Stat. 177)), the Secretary shall issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the results of the study pilot program.
- Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note) is amended—
- (b) Contents of report— The Secretary shall include in the report issued under subsection (e), by striking “$10,000,000” and inserting “$40,000,000”; and(a)—
- (1) an analysis of the use of forecast-informed reservoir operations at Coyote Valley Dam, California;
- (2) an assessment of the viability of using forecast-informed reservoir operations at other dams owned or operated by the Secretary;
- (3) an identification of other dams owned or operated by the Secretary where forecast-informed reservoir operations may assist the Secretary in the optimization of future reservoir operations; and
- (4) any additional areas for future study of forecast-informed reservoir operations.
- (2) in subsection (f), by striking “$10,000,000” and inserting “$40,000,000”.
## Sec. 107 Identification of nonpowered dams for hydropower development
- (a) Report on forecast-Informed reservoir operations—In general— Not later than one year 18 months after the date of completion of the forecast-informed reservoir operations research study pilot program at Coyote Valley Dam, Russian River Basin, California (authorized by the River and Harbor Act enactment of 1950 (64 Stat. 177)), this section, the Secretary shall issue develop a report to the Committee on Transportation and Infrastructure of the House list of Representatives and the Committee on Environment existing nonpowered dams owned and Public Works of the Senate on operated by the results Corps of Engineers that have the study pilot program.greatest potential for hydropower development.
- (b) Contents of report—Considerations— The Secretary shall include in In developing the report issued list under subsection (a)—(a), the Secretary may consider the following:
- (1) an analysis The compatibility of the use hydropower generation with existing purposes of forecast-informed reservoir operations at Coyote Valley Dam, California;the dam.
- (2) an assessment of the viability The proximity of using forecast-informed reservoir operations at other dams owned or operated by the Secretary;dam to existing transmission resources.
- (3) an identification The existence of other dams owned or operated by the Secretary where forecast-informed reservoir operations may assist the Secretary in studies to characterize environmental, cultural, and historic resources relating to the optimization of future reservoir operations; anddam.
- (4) any additional areas for future study Whether hydropower is an authorized purpose of forecast-informed reservoir operations.the dam.
- (c) Availability— The Secretary shall provide the list developed under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make such list available to the public.
## Sec. 108 Emergency response to natural disasters
- (a) In general— Not later than 18 months after the date of enactment of this section, the Secretary shall develop a list Section 5(a)(1) of existing nonpowered dams owned and operated by the Corps Act of Engineers that have August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the greatest potential for hydropower development.first sentence—
- (1) by striking “strengthening, raising, extending, or other modification thereof” and inserting “strengthening, raising, extending, realigning, or other modification thereof”; and
- (2) by striking “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers,” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater protection, when, in the discretion of the Chief of Engineers,”.
- (b) Considerations—Duration— In developing the list under subsection (a), the Secretary may consider Section 156(e) of the following:Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking “6 years” and inserting “9 years”.
- (1) The compatibility of hydropower generation with existing purposes of the dam.
- (2) The proximity of the dam to existing transmission resources.
- (3) The existence of studies to characterize environmental, cultural, and historic resources relating to the dam.
- (4) Whether hydropower is an authorized purpose of the dam.
- (c) Availability— The Secretary shall provide the list developed under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make such list available to the public.
## Sec. 109 Integrated water resources planning
- In carrying out a water resources development feasibility study, the Secretary shall consult with local governments in the watershed covered by such study to determine if local water management plans exist, or are under development, for the purposes of stormwater management, water quality improvement, aquifer recharge, water storage, or water reuse.
- (a) In general— Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the first sentence—
- (1) by striking “strengthening, raising, extending, or other modification thereof” and inserting “strengthening, raising, extending, realigning, or other modification thereof”; and
- (2) by striking “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers,” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater protection, when, in the discretion of the Chief of Engineers,”.
- (b) Duration— Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking “6 years” and inserting “9 years”.
## Sec. 110 Mitigation banks
- (a) Definition of mitigation bank— In this section, the term mitigation bank has the meaning given that term in section 332.2 of title 33, Code of Federal Regulations.
- (b) Guidance— The Secretary shall issue guidance on the use of mitigation banks to meet requirements for water resources development projects in order to update mitigation bank credit release schedules to—
- (1) support the goal of achieving efficient permitting and maintaining appropriate environmental protections; and
- (2) promote increased transparency in the use of mitigation banks.
- (c) Requirements— The guidance issued under subsection (b) shall—
- (1) be consistent with—
- (A) part 230 of title 40, Code of Federal Regulations;
- (B) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);
- (C) part 332 of title 33, Code of Federal Regulations; and
- (D) section 314(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 33 U.S.C. 1344 note); and
- (2) provide for—
- (A) the mitigation bank sponsor to provide sufficient financial assurances to ensure a high level of confidence that the compensatory mitigation project will be successfully completed, in accordance with applicable performance standards, under section 332.3(n) of title 33, Code of Federal Regulations;
- (B) the mitigation bank sponsor to reserve the share of mitigation bank credits required to ensure ecological performance of the mitigation bank, in accordance with section 332.8(o) of title 33, Code of Federal Regulations; and
- (C) all credits except for the share reserved under subparagraph (B) to be available upon completion of the construction of the mitigation bank.
- In carrying out a water resources development feasibility study, the Secretary shall consult with local governments in the watershed covered by such study to determine if local water management plans exist, or are under development, for the purposes of stormwater management, water quality improvement, aquifer recharge, or water reuse.
## Sec. 111 Indian Tribes
- (a) Definition of mitigation bank—Cost sharing provisions for the territories and Indian Tribes— In this section, Section 1156(a)(2) of the term mitigation bank has Water Resources Development Act of 1986 (33 U.S.C. 2310(a)(2)) is amended by striking “section 102 of the meaning given that term in section 332.2 Federally Recognized Indian Tribe List Act of title 33, Code 1994 (25 U.S.C. 5130)” and inserting “section 4(e) of Federal Regulations.the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))”.
- (b) Guidance—Written agreement requirement for water resources projects— The Secretary shall issue guidance on Section 221(b)(1) of the use Flood Control Act of mitigation banks to meet requirements for water resources development projects 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by striking “a federally recognized Indian tribe and, as defined in order to update mitigation bank credit release schedules to—section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation” and inserting “an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))”.
- (1) support the goal of achieving efficient permitting and maintaining appropriate environmental protections; and
- (2) promote increased transparency in the use of mitigation banks.
- (c) Requirements— The guidance issued under subsection (b) shall—
- (1) be consistent with—
- (A) part 230 of title 40, Code of Federal Regulations;
- (B) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);
- (C) part 332 of title 33, Code of Federal Regulations; and
- (D) section 314(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 33 U.S.C. 1344 note); and
- (2) provide for—
- (A) the mitigation bank sponsor to provide sufficient financial assurances to ensure a high level of confidence that the compensatory mitigation project will be successfully completed, in accordance with applicable performance standards, under section 332.3(n) of title 33, Code of Federal Regulations;
- (B) the mitigation bank sponsor to reserve the share of mitigation bank credits required to ensure ecological performance of the mitigation bank, in accordance with section 332.8(o) of title 33, Code of Federal Regulations; and
- (C) all credits except for the share reserved under subparagraph (B) to be available upon completion of the construction of the mitigation bank.
## Sec. 112 Columbia River
- (a) Cost sharing provisions for the territories and Indian Tribes—Bonneville Dam, Oregon— Section 1156(a)(2) 1178(c)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(a)(2)) 2016 (130 Stat. 1675) is amended by striking “section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)” “may provide assistance” and inserting “section 4(e) of the Indian Self-Determination “may provide assistance, which may include housing and Education Assistance Act (25 U.S.C. 5304(e))”.related improvements,”.
- (b) John Day Dam, Washington and Oregon—
- (1) In general— The Secretary shall, not later than 180 days after the date of enactment of this Act, and in consultation with the Secretary of the Interior, conduct a study to determine the extent to which Indian Tribes have been displaced as a result of the construction of the John Day Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179), including an assessment of effects related to housing and related improvements.
- (2) Additional actions— If the Secretary determines, based on the study under paragraph (1), that assistance is required, the Secretary may use all existing authorities of the Secretary to provide assistance, which may include housing and related improvements, to Indian Tribes displaced as a result of the construction of the John Day Dam, Columbia River, Washington and Oregon.
- (3) Repeal— Section 1178(c)(2) of the Water Resources Development Act of 2016 (130 Stat. 1675) is repealed.
- (c) The Dalles Dam, Washington and Oregon— The Secretary, in consultation with the Secretary of the Interior, shall complete a village development plan for any Indian Tribe displaced as a result of the construction of the Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
- (b) Written agreement requirement for water resources projects— Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by striking “a federally recognized Indian tribe and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation” and inserting “an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))”.
## Sec. 113 Dissemination of information
- (a) Bonneville Dam, Oregon—Findings— Section 1178(c)(1)(A) of Congress finds the Water Resources Development Act of 2016 (130 Stat. 1675) is amended by striking “may provide assistance” and inserting “may provide assistance, which may include housing and related improvements,”.following:
- (1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.
- (2) 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) 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) 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) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001.
- (4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.
- (5) To ensure that Congress can gain a 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) 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—
- (b) John Day Dam, Washington and Oregon— In general— The Secretary shall, not later than 180 days after the date of enactment of this Act, and in consultation with the Secretary of the Interior, conduct a study to determine the extent to which Indian Tribes have been displaced as a result of the construction of the John Day Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179), including an assessment of effects related to housing and related improvements.
- (1) Additional actions— If the Secretary determines, based on the study under paragraph (1), that develop and disseminate technical assistance is required, the Secretary may use all existing authorities of the Secretary to provide assistance, which may include housing materials, seminars, and related improvements, to Indian Tribes displaced as a result of the construction of guidance on the John Day Dam, Columbia River, Washington and Oregon.annual process as it relates to non-Federal interests;
- (2) Repeal— Section 1178(c)(2) provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Water Resources Development Act Corps of 2016 (130 Stat. 1675) is repealed.Engineers;
- (3) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and
- (4) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
- (c) The Dalles Dam, Washington and Oregon— The Secretary, in consultation with the Secretary of the Interior, shall complete a village development plan for any Indian Tribe displaced as a result of the construction of the Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
## Sec. 114 Non-Federal engagement and review
- (a) Public notice—
- (1) In general— Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
- (A) informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
- (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
- (a) Findings— Congress finds the following:
- (2) Issuance of notice— Congress plays The Secretary shall issue the notice under paragraph (1) through a central role in identifying, prioritizing, posting on a publicly accessible website dedicated to providing notice on the development and authorizing vital issuance of implementation guidance for a covered water resources infrastructure activities throughout the United States.development law.
- (b) Stakeholder engagement—
- (1) Input— The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (a) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
- (2) 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) 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) 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) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001.
- (4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.
- (5) To ensure that Congress can gain a 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) 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—
- (2) Outreach— develop and disseminate technical assistance materials, seminars, and guidance on the annual process The Secretary may, as it relates appropriate (as determined by the Secretary), reach out to non-Federal interests;stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal feedback and recommendations.
- (c) Development of guidance— When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on-line on a publicly accessible website.
- (d) Covered water resources development law— In this section, the term covered water resources development law means—
- (1) the Water Resources Reform and Development Act of 2014;
- (2) the Water Resources Development Act of 2016;
- (3) this Act; and
- (4) any Federal water resources development law enacted after the date of enactment of this Act.
- (2) provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers;
- (3) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and
- (4) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
## Sec. 115 Comprehensive backlog report
- Section 1001(b)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(4)) is amended—
- (1) in the header, by inserting “and operation and maintenance” after “backlog”;
- (a) Public notice— In general— Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
- (A) informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
- (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
- (2) Issuance of notice— The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law.
- (b) Stakeholder engagement— Input— The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (a) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
- (2) Outreach— The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal feedback and recommendations.
- (2) Development of guidance— When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available by amending subparagraph (A) to the public on-line on a publicly accessible website.read as follows:
- “(A) In general—The Secretary shall compile and publish—
- “(i) a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed; and
- “(ii) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers.”
- (3) Covered water resources development law— In this section, the term covered water resources development law means—in subparagraph (B)—
- (A) in the heading, by inserting “backlog” before “information”; and
- (B) in the Water Resources Reform matter preceding clause (i), by striking “subparagraph (A)” and Development Act of 2014;inserting “subparagraph (A)(i)”;
- (4) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following:
- “(C) Required operation and maintenance information—The Secretary shall include on the list developed under subparagraph (A)(ii), for each project and property under the control of the Corps of Engineers on that list—
- “(i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers;
- “(ii) a brief description of the project or property;
- “(iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and
- “(iv) an estimate of unmet or deferred operation and maintenance needs at the project or property.”
- (5) in subparagraph (D), as so redesignated—
- (A) in clause (i), in the matter preceding subclause (I), by striking “Not later than 1 year after the date of enactment of this paragraph, the Secretary shall submit a copy of the list” and inserting “For fiscal year 2019, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit a copy of the lists”; and
- (B) in clause (ii), by striking “list” and inserting “lists”.
- (2) the Water Resources Development Act of 2016;
- (3) this Act; and
- (4) any Federal water resources development law enacted after the date of enactment of this Act.
## Sec. 116 Structures and facilities constructed by Secretary
- Section 1001(b)(4) 14 of the Water Resources Development Act of 1986 March 3, 1899 (33 U.S.C. 579a(b)(4)) 408) is amended—amended by adding at the end the following:
- “(d) Work defined—For the purposes of this section, the term work shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project.”
- (1) in the header, by inserting “and operation and maintenance” after “backlog”;
- (2) by amending subparagraph (A) to read as follows:
- “(A) In general—The Secretary shall compile and publish—
- “(i) a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed; and
- “(ii) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers.”
- (3) in subparagraph (B)—
- (A) in the heading, by inserting “backlog” before “information”; and
- (B) in the matter preceding clause (i), by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”;
- (4) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following:
- “(C) Required operation and maintenance information—The Secretary shall include on the list developed under subparagraph (A)(ii), for each project and property under the control of the Corps of Engineers on that list—
- “(i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers;
- “(ii) a brief description of the project or property;
- “(iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and
- “(iv) an estimate of unmet or deferred operation and maintenance needs at the project or property.”
- (5) in subparagraph (D), as so redesignated—
- (A) in clause (i), in the matter preceding subclause (I), by striking “Not later than 1 year after the date of enactment of this paragraph, the Secretary shall submit a copy of the list” and inserting “For fiscal year 2019, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit a copy of the lists”; and
- (B) in clause (ii), by striking “list” and inserting “lists”.
## Sec. 117 Transparency in administrative expenses
- Section 14 1012(b)(1) of the Water Resources Reform and Development Act of March 3, 1899 2014 (33 U.S.C. 408) 2315a(b)(1)) is amended by adding at striking “The Secretary” and inserting “Not later than 1 year after the end date of enactment of the following:Water Resources Development Act of 2018, the Secretary”.
- “(d) Work defined—For the purposes of this section, the term work shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project.”
## Sec. 118 Study of the future of the United States Army Corps of Engineers
- (a) In general— The Secretary shall enter into an agreement with the National Academy of Sciences to convene a committee of experts to carry out a comprehensive study on—
- (1) the ability of the Corps of Engineers to carry out its statutory missions and responsibilities, and the potential effects of transferring the functions (including regulatory obligations), personnel, assets, and civilian staff responsibilities of the Secretary relating to civil works from the Department of Defense to a new or existing agency or subagency of the Federal Government, including how such a transfer might affect the Federal Government’s ability to meet the current statutory missions and responsibilities of the Corps of Engineers; and
- (2) improving the Corps of Engineers’ project delivery processes, including recommendations for such improvements, taking into account factors including—
- (A) the effect of the annual appropriations process on the ability of the Corps of Engineers to efficiently secure and carry out contracts for water resources projects and perform regulatory obligations;
- (B) the effect that the current Corps of Engineers leadership and geographic structure at the division and district levels has on its ability to carry out its missions in a cost-effective manner; and
- (C) the effect of the frequency of rotations of senior leaders of the Corps of Engineers and how such frequency affects the function of the district.
- (b) Considerations— The study carried out under subsection (a) shall include consideration of—
- (1) effects on the national security of the United States;
- (2) the ability of the Corps of Engineers to maintain sufficient engineering capability and capacity to assist ongoing and future operations of the United States armed services; and
- (3) emergency and natural disaster response obligations of the Federal Government that are carried out by the Corps of Engineers.
- (c) Consultation— The agreement entered into under subsection (a) shall require the National Academy to, in carrying out the study, consult with—
- (1) the Department of Defense, including the Secretary of the Army and the Assistant Secretary of the Army for Civil Works;
- (2) the Department of Transportation;
- (3) the Environmental Protection Agency;
- (4) the Department of Homeland Security;
- (5) the Office of Management and Budget;
- (6) other appropriate Federal agencies;
- (7) professional and nongovernmental organizations; and
- (8) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
- (d) Submission to Congress— The Secretary shall submit the final report of the National Academy containing the findings of the study carried out under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate not later than 2 years after the date of enactment of this Act.
- Section 1012(b)(1) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking “The Secretary” and inserting “Not later than 1 year after the date of enactment of the Water Resources Development Act of 2018, the Secretary”.
## Sec. 119 Acknowledgment of credit
- Section 7007(a) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by adding at the end the following: “Notwithstanding section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)), the Secretary may provide credit for work carried out during the period beginning on November 8, 2007, and ending on the date of enactment of the Water Resources Development Act of 2018 by the non-Federal interest for a project under this title if the Secretary determines that the work is integral to the project and was carried out in accordance with the laws specified in section 5014(i)(2)(A) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1331) and all other applicable Federal laws.”.
- (a) In general— The Secretary shall enter into an agreement with the National Academy of Sciences to convene a committee of experts to carry out a comprehensive study on—
- (1) the ability of the Corps of Engineers to carry out its statutory missions and responsibilities, and the potential effects of transferring the functions (including regulatory obligations), personnel, assets, and civilian staff responsibilities of the Secretary relating to civil works from the Department of Defense to a new or existing agency or subagency of the Federal Government, including how such a transfer might affect the Federal Government’s ability to meet the current statutory missions and responsibilities of the Corps of Engineers; and
- (2) improving the Corps of Engineers’ project delivery processes, including recommendations for such improvements, taking into account factors including—
- (A) the effect of the annual appropriations process on the ability of the Corps of Engineers to efficiently secure and carry out contracts for water resources projects and perform regulatory obligations;
- (B) the effect that the current Corps of Engineers leadership and geographic structure at the division and district levels has on its ability to carry out its missions in a cost-effective manner; and
- (C) the effect of the frequency of rotations of senior leaders of the Corps of Engineers and how such frequency affects the function of the district.
- (b) Considerations— The study carried out under subsection (a) shall include consideration of—
- (1) effects on the national security of the United States;
- (2) the ability of the Corps of Engineers to maintain sufficient engineering capability and capacity to assist ongoing and future operations of the United States armed services; and
- (3) emergency and natural disaster response obligations of the Federal Government that are carried out by the Corps of Engineers.
- (c) Consultation— The agreement entered into under subsection (a) shall require the National Academy to, in carrying out the study, consult with—
- (1) the Department of Defense, including the Secretary of the Army and the Assistant Secretary of the Army for Civil Works;
- (2) the Department of Transportation;
- (3) the Environmental Protection Agency;
- (4) the Department of Homeland Security;
- (5) the Office of Management and Budget;
- (6) other appropriate Federal agencies;
- (7) professional and nongovernmental organizations; and
- (8) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
- (d) Submission to Congress— The Secretary shall submit the final report of the National Academy containing the findings of the study carried out under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate not later than 2 years after the date of enactment of this Act.
## Sec. 120 Non-Federal implementation pilot program
- Section 7007(a) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by adding at the end the following: “Notwithstanding section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)), the Secretary may provide credit for work carried out during the period beginning on November 8, 2007, and ending on the date of enactment of the Water Resources Development Act of 2018 by the non-Federal interest for a project under this title if the Secretary determines that the work is integral to the project and was carried out in accordance with the laws specified in section 5014(i)(2)(A) 1043(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1331) and all other applicable Federal laws.”.(33 U.S.C. 2201 note) is amended—
- (1) in paragraph (3)(A)(i)—
- (A) in the matter preceding subclause (I)—
- (i) by striking “15” and inserting “20”; and
- (ii) by striking “prior to the date of enactment of this Act”;
- (B) in subclause (I)—
- (i) in the matter preceding item (aa), by inserting “that have been authorized for construction prior to the date of enactment of this Act and” after “not more than 12 projects”; and
- (ii) in item (bb), by striking “; and” and inserting a semicolon;
- (C) in subclause (II)—
- (i) by inserting “that have been authorized for construction prior to the date of enactment of this Act and” after “not more than 3 projects”; and
- (ii) by striking the semicolon and inserting “; and”; and
- (D) by adding at the end the following:
- “(III) not more than 5 projects that have been authorized for construction, but did not receive the authorization prior to the date of enactment of this Act;”
- (2) in subsection (b)(8) by striking “2015 through 2019” and inserting “2019 through 2023”.
## Sec. 121 Study of water resources development projects by non-Federal interests
- Section 1043(b)(8) 203 of the Water Resources Reform and Development Act of 2014 1986 (33 U.S.C. 2201 note(b)(8)) 2231) is amended by striking “2015 through 2019” and inserting “2019 through 2023”.amended—
- (1) in subsection (a)(1), by inserting “federally authorized” before “feasibility study”;
- (2) by amending subsection (c) to read as follows:
- “(c) Submission to Congress
- “(1) Review and submission of studies to Congress—Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
- “(A) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
- “(B) any recommendations the Secretary may have concerning the plan or design of the project; and
- “(C) any conditions the Secretary may require for construction of the project.
- “(2) Limitation—The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.”
- (3) by amending subsection (e) to read as follows:
- “(e) Review and technical assistance
- “(1) Review—The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section.
- “(2) Technical assistance—At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance 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.
- “(3) Limitation—Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement.
- “(4) Impartial decisionmaking—In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.”
## Sec. 122 Construction of water resources development projects by non-Federal interests
- Section 203 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) 2232) is amended—
- (1) in subsection (a)(1), by inserting “federally authorized” before “feasibility study”;(b)—
- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting “federally authorized” before “water resources development project”;
- (B) in paragraph (2)(A), by inserting “, except as provided in paragraph (3)” before the semicolon; and
- (C) by adding at the end the following:
- “(3) Permit exception
- “(A) In general—For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation.
- “(B) Written agreement—For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary.
- “(C) Certifications—Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph.”
- (2) by amending subsection (c) to read as follows:
- “(c) Submission to CongressStudies and engineering
- “(1) Review and submission of studies to Congress—Not later than 180 days after In general—When requested by an appropriate non-Federal interest, the date of receipt of a feasibility study of a Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under subsection (a)(1), (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary shall submit to furnish the Committee United States funds for the studies, engineering, or technical assistance on Environment and Public Works of construction in the Senate and period during which the Committee studies, engineering, or technical assistance on Transportation and Infrastructure of the House of Representatives a report that describes—construction are being conducted.
- “(A) the results of the Secretary’s review “(2) No waiver—Nothing in this section may be construed to waive any requirement of the study under subsection (b), including a determination section 3142 of whether the project is feasible;title 40, United States Code.
- “(B) any recommendations the Secretary may have concerning the plan “(3) Limitation—Funds provided by non-Federal interests under this subsection shall not be eligible for credit or design of the project; andreimbursement under subsection (d).
- “(C) any conditions the Secretary may require for construction of the project.
- “(2) Limitation—The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.”
- (3) by amending subsection (e) to read as follows:
- “(e) Review and technical assistance
- “(1) Review—The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section.
- “(2) Technical assistance—At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance 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.
- “(3) Limitation—Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement.
- “(4) Impartial decisionmaking—In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.”
- (3) in subsection (d)—
- (A) in paragraph (3)—
- (i) in subparagraph (A), by striking “; and” and inserting a semicolon;
- (ii) in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and
- (iii) by adding at the end the following:
- “(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.”
- (B) in paragraph (5)—
- (i) by striking “flood damage reduction” each place it appears and inserting “water resources development”;
- (ii) in subparagraph (A), by striking “for a discrete segment of a” and inserting “for carrying out a discrete segment of a federally authorized”; and
- (iii) in subparagraph (D), in the matter preceding clause (i), by inserting “to be carried out” after “project”.
## Sec. 123 Technical assistance for regional coalitions
- Section 204 22(a)(1) of the Water Resources Development Act of 1986 (33 1974 (42 U.S.C. 2232) 1962d-16(a)(1)) is amended—amended to read as follows:
- “(1) Comprehensive plans—The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, non-Federal interest working with a State or group of States, or regional coalition of governmental entities in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, or entity, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.”
- (1) in subsection (b)—
- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting “federally authorized” before “water resources development project”;
- (B) in paragraph (2)(A), by inserting “, except as provided in paragraph (3)” before the semicolon; and
- (C) by adding at the end the following:
- “(3) Permit exception
- “(A) In general—For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation.
- “(B) Written agreement—For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary.
- “(C) Certifications—Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph.”
- (2) in subsection (d)—
- (A) in paragraph (3)—
- (i) in subparagraph (A), by striking “; and” and inserting a semicolon;
- (ii) in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and
- (iii) by adding at the end the following:
- “(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.”
- (B) in paragraph (5)—
- (i) by striking “flood damage reduction” each place it appears and inserting “water resources development”;
- (ii) in subparagraph (A), by striking “for a discrete segment of a” and inserting “for carrying out a discrete segment of a federally authorized”; and
- (iii) in subparagraph (D), in the matter preceding clause (i), by inserting “to be carried out” after “project”.
## Sec. 125 Funding to process permits
- Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
- (1) in paragraph (3), by striking “10 years” paragraph (3) and inserting “12 years”; redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
- (2) in paragraph (5)—(4), as so redesignated—
- (A) by striking “4 years after the date of enactment of this paragraph” and inserting “December 31, 2022”; and
- (B) by striking “carry out a study” and inserting “carry out a followup study”.
## Sec. 126 Study on economic and budgetary analyses
- (a) In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to—
- (1) carry out a study on the economic principles and analytical methodologies currently used by or applied to the Corps of Engineers to formulate, evaluate, and budget for water resources development projects; and
- (2) make recommendations to Congress on potential changes to such principles and methodologies to improve transparency, return on Federal investment, cost savings, and prioritization, in the formulation, evaluation, and budgeting of such projects.
- (b) Considerations— The study under subsection (a) shall include—
- (1) an analysis of the current economic principles and analytical methodologies used by or applied to the Corps of Engineers in determining the total benefits and total costs during the formulation of, and plan selection for, a water resources development project;
- (2) an analysis of improvements or alternatives to how the Corps of Engineers utilizes the National Economic Development, Regional Economic Development, Environmental Quality, and Other Social Effects accounts developed by the Institute for Water Resources of the Corps of Engineers in the formulation of, and plan selection for, such projects;
- (3) an analysis of whether such principles and methodologies fully account for all of the potential benefits of project alternatives, including any reasonably associated benefits of such alternatives that are not contrary to law, Federal policy, or sound water resources management;
- (4) an analysis of whether such principles and methodologies fully account for all of the costs of project alternatives, including potential societal costs, such as lost ecosystem services, and full lifecycle costs for such alternatives; andalternatives;
- (5) an analysis of the methodologies utilized by the Federal Government in setting and applying discount rates for benefit-cost analyses used in the formulation, evaluation, and budgeting of Corps of Engineers water resources development projects.projects; and
- (6) an analysis of whether or not the Army Corps of Engineers—
- (A) considers cumulative benefits of locally developed projects, including Master Plans approved by the Corps; and
- (B) uses the benefits referred to in subparagraph (A) for purposes of benefit-cost analysis for project justification for potential projects within such Master Plans.
- (c) Publication— The agreement entered into under subsection (a) shall require the National Academy of Sciences to, not later than 30 days after the completion of the study—
- (1) submit a report containing the results of the study and the recommendations to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
- (2) make a copy of such report available on a publicly accessible website.
- (d) Sense of Congress on budgetary evaluation metrics and transparency— It is the sense of Congress that the President, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works), should submit to Congress a budget that—
- (1) aligns the assessment of the potential benefit-cost ratio for budgeting water resources development projects with that used by the Corps of Engineers during project plan formulation and evaluation pursuant to section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–17); and
- (2) demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in the budget request.
## Sec. 129 Report on innovative materials
- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes activities conducted by the Corps of Engineers at centers of expertise, technology centers, technical centers, research and development centers, universities, and similar facilities and organizations relating to the testing, research, development, identification, and recommended uses for innovative materials in water resources development projects.
## Sec. 130 Study on Corps of Engineers
- Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—
- (1) describes the capacity and preparedness of the Corps of Engineers workforce, including challenges related to diversity, recruitment, retention, retirements, credentialing, professional development, on-the-job training, and other readiness-related gaps in ensuring a fully prepared 21st century Corps of Engineers workforce; andworkforce;
- (2) contains an assessment of the existing technology used by provides recommendations to improve the Corps capacity and preparedness of Engineers, the effects Corps of inefficiencies in the Corps’ current technology usage, and recommendations for improved technology or tools to accomplish its missions and responsibilities.Engineers workforce;
- (3) contains an assessment of the existing technology used by the Corps of Engineers, the effects of inefficiencies in the Corps’ current technology usage, and recommendations for improved technology or tools to accomplish its missions and responsibilities; and
- (4) describes how changes to the navigation industry workforce with which the Corps of Engineers collaborates may affect safety and operations within the navigation industry.
## Sec. 131 GAO study
- (a) In general— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States 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 study of the consideration by the Corps of Engineers of natural features and nature-based features in the study of the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration.
- (b) Considerations— The study under subsection (a) shall include—
- (1) a description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to consider natural features and nature-based features in project feasibility studies;
- (2) an assessment of the costs, benefits, impacts, and trade-offs associated with natural features and nature-based features recommended by the Secretary for flood risk reduction, hurricane and storm damage reduction, reduction (including trough bars, coastal wetlands, and barrier coral reefs), and ecosystem restoration projects, and the effectiveness of those natural features and nature-based features;
- (3) a description of any statutory, fiscal, regulatory, or other policy barriers to the appropriate consideration and use of a full array of natural features and nature-based features; and
- (4) any recommendations for changes to statutory, fiscal, regulatory, or other policies to improve the use of natural features and nature-based features by the Corps of Engineers.
- (c) Definitions— In this section, the terms natural feature and nature-based feature have the meanings given such terms in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a).
## Sec. 135 Credit or reimbursement
- Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended to read as follows:
- “1022. Credit in lieu of or reimbursement
- “(a) Requests for credits—With respect to an authorized flood damage reduction project, or separable element thereof, 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), or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 11 of the Act of March 3, 1925, before the date of enactment of the Water Resources Development Act of 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount.amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
- “(b) Application of credits—At the request of the non-Federal interest, the Secretary may apply such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.”studies.
- “(c) Application of reimbursement—At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.”
## Sec. 138 Access to real estate data
- (a) In general— As soon as is practicable, using available funds, the Secretary shall make publicly available, including on a publicly accessible website, information relating to all real property with respect to which the Corps of Engineers holds an interest. In making such information publicly available, the Secretary shall, to the maximum extent practicable, endeavor to provide such information to all adjoining residential stakeholders of real property to which the Army Corps of Engineers holds an interest therein. The information shall include standardized real estate plat descriptions and geospatial information.
- (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, privileged, national security, or personal information, or information the disclosure of which is otherwise prohibited by law.
## Sec. 145 Old River control structure, Louisiana — added
- (a) In general— Not later than 180 days after the date of enactment of this Act, 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 structure and operations plan for the Old River control structure authorized by the Flood Control Act of 1954 (68 Stat. 1258) based on the best available science, improved monitoring capabilities, and other factors as determined by the Secretary, including consideration of—
- (1) flood control;
- (2) navigational conditions;
- (3) water supply; and
- (4) ecosystem restoration and ecological productivity.
- (b) Public participation— In developing the report required by subsection (a), the Secretary shall provide opportunity for public input and stakeholder engagement, including public meetings.
## Sec. 146 Dredge pilot program — added
- (a) In general— The Secretary is authorized to carry out a pilot program to award contracts with a duration of up to five years for the operation and maintenance of harbors and inland harbors referred to in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)).
- (b) Scope— In carrying out the pilot program under subsection (a), the Secretary may award a contract described in such subsection, which may address one or more harbors or inland harbors in a geographical region, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on an annual basis.
- (c) Report to Congress— Not later than one year after the date on which the first contract is awarded pursuant to the pilot program carried out under subsection (a), the Secretary shall submit to Congress a report evaluating, with respect to the pilot program and any contracts awarded under the pilot program—
- (1) cost effectiveness;
- (2) reliability and performance;
- (3) cost savings attributable to mobilization and demobilization of dredge equipment; and
- (4) response times to address navigational impediments.
- (d) Sunset— The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a) shall expire on the date that is 10 years after the date of enactment of this Act.
## Sec. 147 Disposition of projects — added
- (a) In general— In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), the Secretary shall consider modifications that would improve the overall quality of the environment in the public interest, including removal of the project or separable element of a project.
- (b) Disposition study transparency— The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by—
- (1) providing opportunities for public input; and
- (2) publishing the final disposition studies.
- (c) Removal of infrastructure— For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized to pursue removal of the project or separable element of a project using—
- (1) existing authorities, as considered appropriate by the Secretary; or
- (2) partnerships with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal.
## Sec. 148 Sense of Congress — added
- It is the sense of Congress that the construction of a new lock at the Soo Locks at Sault Ste. Marie, Michigan, is vital to our national economy, national security, and national need for new critical infrastructure.
## Sec. 149 Community engagement — added
- (a) In general— The Corps of Engineers shall make efforts—
- (1) as part of the mission of the Corps, to identify and address with respect to covered communities any disproportionate and adverse health or environmental effects of the Corps’ programs, policies, practices, and activities;
- (2) to promote the meaningful involvement of communities of color in the Corps’ project development and implementation, enforcement efforts, and other activities;
- (3) to provide guidance and technical assistance to covered communities to increase understanding of the Corps’ project planning and management activities, regulations, and policies; and
- (4) to cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.
- (b) Definitions— In this section, the following definitions apply:
- (1) Community of color— The term community of color means a community of individuals who are—
- (A) American Indian or Alaska Native;
- (B) Asian or Pacific Islander;
- (C) Black, not of Hispanic origin; or
- (D) Hispanic.
- (2) Covered community— The term covered community means each of the following:
- (A) A community of color.
- (B) A low-income community.
- (C) A rural community.
- (D) A Tribal and indigenous community.
## Sec. 150 Operation and maintenance of existing infrastructure — added
- The Secretary of the Army shall prioritize the operation and maintenance of existing infrastructure, improve its reliability, and, as necessary, improve its resilience to cyber-related threats.
## Sec. 151 Clarification for integral determination — added
- (a) WRDA 2000— Section 601(e)(5)(B) of the Water Resources Development Act of 2000 (Public Law 106–541) is amended to read as follows:
- “(B) Work—The Secretary may provide credit, including in-kind credit, toward the non-Federal share for the reasonable cost of any work performed in connection with a study, preconstruction engineering and design, or construction that is necessary for the implementation of the Plan if—
- “(i)
- “(I) the credit is provided for work completed during the period of design, as defined in a design agreement between the Secretary and the non-Federal sponsor;
- “(II) the credit is provided for work completed during the period of construction, as defined in a project cooperation agreement for an authorized project between the Secretary and the non-Federal sponsor;
- “(III) the credit is provided for work carried out before the date of the partnership agreement between the Secretary and the non-Federal sponsor, as defined in an agreement between the Secretary and the non-Federal sponsor providing for such credit; or
- “(IV) the credit is provided for work carried out by the non-Federal sponsor in the implementation of an authorized project implementation report, and such work was defined in an agreement between the Secretary and the non-Federal sponsor prior to the execution of such work;
- “(ii) the agreement prescribes the terms and conditions of the credit, including in the case of credit provided under clause (i)(iii) conditions relating to design and construction; and
- “(iii) the Secretary determines that the work performed by the non-Federal sponsor is integral to the project.”
- (b) Timing— Section 601(e)(5) of the Act referred to in subsection (a) is further amended by inserting after subparagraph (B) the following (and redesignating any subparagraphs accordingly):
- “(C) Timing—In any case in which the Secretary approves credit under subparagraph (B), in writing or by electronic agreement with the non-Federal sponsor, the Secretary shall provide such credit for work completed during the period of construction under an agreement that prescribes the terms and conditions for the in-kind contributions not expressly defined.”
## Sec. 152 Cost share payment for certain projects — added
- Not later than September 30 of the first fiscal year following the date of enactment of this Act, the Secretary shall pay the outstanding balance of the Federal cost share for any project carried out under section 593 of the Water Resources Development Act of 1999 (113 Stat. 380).
## Sec. 153 Locks on Allegheny River — added
- The Corps of Engineers may consider, in making funding determinations with respect to the operation and maintenance of locks on the Allegheny River—
- (1) recreational boat traffic levels; and
- (2) related economic benefits.
## Sec. 154 Assistance relating to water supply — added
- The Secretary may provide assistance to municipalities the water supply of which is adversely affected by construction carried out by the Corps of Engineers.
## Sec. 155 Noise pollution abatement and mitigation — added
- Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a report on the potential opportunity for integrating noise abatement and noise mitigation technologies and practices into improvements and operations in harbors and inland harbors.
## Sec. 156 Property acquisition — added
- (a) In general— In requiring or acquiring an interest in land, the Secretary shall, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, prefer the minimum interest in real property necessary to support a project or action.
- (b) Determination— In determining the proper interest in land under subsection (a), the Secretary shall first consider a temporary easement estate or other interest designed to reduce the overall cost, reduce the time, and minimize conflict with property owners related to such action or project.
- (c) Procedures used in State— The Secretary shall consider and attempt to replicate, to the maximum extent practicable and consistent with Federal laws, the procedures that a State has used to acquire interests in land, provided that such procedures are generally consistent with the goals of a project or action.
## Sec. 157 Sense of Congress on navigation safety — added
- It is the sense of Congress that—
- (1) high use Federal navigation projects, including those with numerous deep draft vessel calls per year, should ensure safe 2-way traffic by design vessels recommended by authorized navigation studies; and
- (2) the Secretary should consider the benefits of the safety modification or improvement to commercial navigation in evaluating such modifications or improvements.
## Sec. 158 Cost and benefit feasibility assessment — added
- (a) Cost benefit and special conditions— Section 5(a) of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), as amended by this Act, is further amended by striking paragraph (2) and inserting the following:
- “(2) Cost and benefit feasibility assessment
- “(A) Consideration of benefits—In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of—
- “(i) residential establishments;
- “(ii) commercial establishments, including the protection of inventory; and
- “(iii) agricultural establishments, including the protection of crops.
- “(B) Special conditions
- “(i) The Chief of Engineers may carry out repair or restoration work described in paragraph (1) that does not produce benefits greater than cost, if the non-Federal sponsor agrees to pay, or contribute to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work and the Secretary determines the damage to the structure was not as a result of negligent operation and maintenance, and that repair of the project could benefit other Corps project missions.
- “(ii) Non-Federal payments pursuant to clause (i) shall be in addition to any non-Federal payments required by the Chief of Engineers which are applicable to the remaining costs of the repair or restoration work.”
- (b) Continued eligibility— Notwithstanding a non-Federal flood control work’s status in the Rehabilitation and Inspection Program, any unconstructed emergency project for the non-Federal flood control work that was formulated during the three fiscal years preceding the fiscal year in which this Act was enacted but that was determined to not produce benefits greater than costs shall remain eligible for assistance under Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n) until the last day of the third fiscal year following the fiscal year in which this Act was enacted if the non-Federal sponsor agrees, in accordance with section 5 as amended by subsection (a) of this section, to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work and the Secretary determines the damage to the structure was not as a result of negligent operation and maintenance, and that repair of the project could benefit other Corps project missions.
## Sec. 159 Study on Stormwater Runoff Requirements — added
- (a) In general— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States 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 study on the compliance of projects and properties constructed or renovated by the Corps of Engineers with stormwater runoff requirements.
- (b) Requirements— The study under subsection (a) shall include an analysis of—
- (1) the extent to which the Corps of Engineers has complied with section 439 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17094) for projects and properties constructed or renovated since February 1, 2010;
- (2) the feasibility of the Corps of Engineers to meet the requirement to restore the predevelopment hydrology of properties under the “maximum extent technically feasible” standard created under the Energy Independence and Security Act of 2007;
- (3) potential changes to the Corps of Engineers’ budgeting, planning, design, construction, and maintenance strategies that could increase the agency’s ability to meet the requirement described in paragraph (2);
- (4) potential changes to the guidance described in the Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under section 438 of the Energy Independence and Security Act, issued by the Environmental Protection Agency and dated December 2009, that could increase the Corps of Engineers’ ability to meet the requirement described in paragraph (2).
## Sec. 160 Sense of Congress relating to Puerto Rico — added
- (a) Water resource projects in Puerto Rico— It is the sense of Congress that the Corps of Engineers should proceed with a sense of urgency, and viewing requirements in the most favorable light, in evaluating and programming the actions to be taken to complete current phases, initiate pending phases, and prepare the reports necessary to proceed with the water resources projects necessary for flood control, dam repair, beach erosion control, and harbor navigation improvement in Puerto Rico, as well as for repair and mitigation required by hurricane and severe weather event damages that occurred between September 2017 and March 2018.
- (b) Caño Martin Peña ecosystem restoration project— It is the sense of Congress that the Secretary should advance the project for ecosystem restoration, Caño Martín Peña, San Juan, Puerto Rico.
## Sec. 161 Dredged material management plans — added
- (a) In general— For purposes of dredged material management plans initiated in or after fiscal year 2018, the Secretary shall expedite the dredged material management plan process in order that studies make maximum use of existing information, studies, and innovative dredged material management practices, and avoid any redundant information collection and studies.
- (b) Report— Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on how the Corps of Engineers intends to meet the requirements of subsection (a).
## Sec. 162 Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers Project, Illinois — added
- Section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1121) is amended—
- (1) by striking “The Secretary” and inserting the following:
- “(1) In general—The Secretary”
- (2) by adding at the end the following:
- “(2) Operation and maintenance—Operation and maintenance of any project authorized to be carried out pursuant to the feasibility study identified in paragraph (1) shall be carried out at 80 percent Federal expense and 20 percent non-Federal expense.
- “(3) Consultation—After construction of any project authorized to be carried out pursuant to the feasibility study identified in paragraph (1), the Secretary shall consult with the Governor of the State in which the project is constructed and seek Congressional authority to construct any new technologies not included in the Chief’s Report.”
## Sec. 163 Sense of Congress encouraging non-Federal dredged material placement sponsors — added
- It is the sense of Congress that—
- (1) when a State or subdivision of a State, individually or in partnership with a private partner, develops a reasonable alternative to the Federal standard for dredged material disposal facilities that meets relevant Federal environmental and dredged material placement and disposal requirements in coordination with a Corps of Engineers’ District Office, it should receive preferred consideration by the Secretary; and
- (2) the Secretary is encouraged to consider entering into agreements with non-Federal sponsors for the acquisition, design, construction, management, or operation and maintenance of dredged material disposal facilities, including port facilities, through section 217 of the Water Resources Development Act of 1996.
## Sec. 164 Project completion for disaster areas — added
- The Secretary shall carry out expeditiously projects already authorized by the Army Corps of Engineers to reduce the risk of future floods and hurricanes in Texas, Florida, Georgia, Louisiana, South Carolina, Puerto Rico, and the United States Virgin Islands.
## Sec. 165 Inclusion of project or facility in Corps of Engineers workplan — added
- Any project or facility of the Corps of Engineers studied for disposition for which a final report by the Director of Civil Works has been completed shall, to the maximum extent practicable, be included in the future workplan of the Corps.
## Sec. 166 Mississippi River and Tributaries Project — added
- (a) In general— After any flood event requiring operation or activation of any floodway or backwater feature within the Mississippi River and Tributaries Project through natural overtopping of a Federal levee or artificial crevassing of a Federal levee to relieve pressure on the levees elsewhere in the system, the Secretary shall expeditiously reset and restore the damaged floodway’s levees.
- (b) Mississippi River and Tributaries Project— The term “Mississippi River and Tributaries Project” means the Mississippi River and Tributaries project authorized by the Act of May 15, 1928 (Chap. 569; 45 Stat. 534).
## Sec. 167 Maintenance of high risk flood control projects — added
- (a) Assessment— With respect to each project classified as class III under the Dam Safety Action Classification of the Corps of Engineers for which the Secretary has assumed responsibility for maintenance, as of the date of enactment of this Act, the Secretary shall assess—
- (1) the anticipated effects of the Secretary continuing to be responsible for the maintenance of the project during the period that ends 15 years after the date of enactment of this Act, including the benefits to the State and local community; and
- (2) the anticipated effects of the Secretary not continuing to be responsible for the maintenance of the project during such 15-year period, including the costs to the State and local community.
- (b) Report— Not later than 90 days after completion of the assessment under subsection (a), the Secretary shall submit a report summarizing the results of the assessment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
## Sec. 168 Contributed funds for non-Federal 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, subject to the availability of appropriations, from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal 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. 169 Corps of Engineers continuing authorities program — added
- Section 3(c) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g(c)) is amended—
- (1) in paragraph (1), by striking “$30,000,000” and inserting “$45,000,000”; and
- (2) in paragraph (2)(B), by striking “$10,000,000” and inserting “$15,000,000”.
## Sec. 203 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 riverbank stabilization, Selma, Alabama.
- (2) Project for ecosystem restoration, Three Mile Creek, Alabama.
- (3) Project for navigation, Nome, Alaska.
- (4) Project for flood diversion, Seward, Alaska.
- (5) Project for navigation, Three Rivers, Arkansas.
- (6) Project for flood control, water conservation, and related purposes, Coyote Valley Dam, California.
- (7) Project for flood risk management, Lower Cache Creek, California.
- (8) Project for flood risk management, Lower San Joaquin River, California, as described in section 1322(b)(2)(F) of the Water Resources Development Act of 2016 (130 Stat. 1707) (second phase of feasibility study).
- (9) Project for flood risk management, South San Francisco, California.
- (10) Project for flood risk management and ecosystem restoration, Tijuana River, California.
- (11) Project for flood risk management in East Hartford, Connecticut.
- (12) Project for flood risk management in Hartford, Connecticut.
- (13) Projects under the Comprehensive Flood Mitigation Study for the Delaware River Basin.
- (14) Project for ecosystem restoration, Lake Apopka, Florida.
- (15) Project for ecosystem restoration, Kansas River Weir, Kansas.
- (16) Project for water resource improvements, Willamette River Basin, Fern Ridge, Oregon.
- (17) Project for navigation, San Juan Harbor, Puerto Rico.
- (18) [was (2)(19)] Project for ecosystem restoration, Resacas at Brownsville, Texas.
- (19) [was (2)(20)] Project for navigation, Norfolk Harbor, Virginia.
- (20) [was (2)(21)] Project for coastal storm risk management, Norfolk, Virginia.
- (21) [was (2)(22)] Project for navigation, Tacoma Harbor, Washington.
- (22) Project for flood damage reduction, Westminster-East Garden Grove, California.
- (23) Project for hurricane and storm damage risk reduction and ecosystem restoration, Southwest Coastal Louisiana, Louisiana, authorized by section 1401(8) of the Water Resources Development Act of 2016 (130 Stat. 1715).
- (24) Project for navigation and channel deepening, Baptiste Collette Bayou, Louisiana, under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231).
- (25) Project for navigation and channel deepening, Houma Navigation Canal, Louisiana, under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231).
- (26) Project for navigation and channel deepening, Bayou Lafourche, Louisiana, under section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231).
- (27) Projects under the Great Lakes Mississippi River Interbasin Study Brandon Road Study.
- (28) Project for ecosystem restoration, Warren Glen Dam Removal, Musconetcong River, New Jersey.
- (29) Project for flood control and water supply, Abiquiu Dam, New Mexico.
- (30) Project for reformulation, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, Queens, New York.
- (b) Lower San Joaquin River, California— In expediting completion of the second phase of the Lower San Joaquin River feasibility study under subsection (a)(8), the Secretary shall review and give priority to any plans and designs requested by non-Federal interests and incorporate such plans and designs into the Federal study if the Secretary determines that such plans and designs are consistent with Federal standards.
- (c) Post-authorization change reports— The Secretary shall expedite completion of a post-authorization change report for the following projects:
- (1) Project for flood risk management, San Luis Rey River Flood Control Protection Project, California.
- (2) Project for flood risk management, Success Reservoir Enlargement Project, California.
- (3) Everglades Agricultural Area Reservoir, Central Everglades Planning Project, Florida.
- (4) Project for navigation, Sault Sainte Marie, Michigan.
- (d) Upper Mississippi River protection— Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270) is amended by adding at the end the following:
- “(d) Considerations—In carrying out a disposition study with respect to the Upper St. Anthony Falls Lock and Dam, including a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), the Secretary may not complete shall expedite completion of such study until the Secretary considers, and issues shall produce a report to the Committee on Transportation and Infrastructure of the House of Representatives Upper St. Anthony Falls Lock and the Committee Dam that is separate from any report on Environment and Public Works of the Senate on—any other lock or dam included in such study that includes plans for—
- “(1) the feasibility of carrying out modifications to the Upper St. Anthony Falls Lock and Dam to—
- “(A) preserve and enhance recreational opportunities and the health of the ecosystem; and
- “(B) maintain the benefits to the natural ecosystem and human environment; andenvironment;
- “(2) the preservation a partial disposition of the Upper St. Anthony Falls Lock and Dam facility and surrounding real property that preserves any portion of the Upper St. Anthony Falls Lock and Dam necessary to maintain flood control.”control; and
- “(3) expediting the disposition described in this subsection (d).”
## Sec. 204 Plymouth Harbor, Massachusetts — added
- Not later than December 31, 2019, the Secretary shall expedite and complete the dredging of Plymouth Harbor, Massachusetts, as authorized by the Act of March 4, 1913 (37 Stat. 802, chapter 144) and the Act of September 22, 1922 (42 Stat. 1038, chapter 427).
## Sec. 205 Brandon Road study — added
- The Secretary shall complete a final feasibility report for the Great Lakes Mississippi River Interbasin Study Brandon Road Study, authorized under section 3061(d) of the Water Resources Development Act of 2007 (121 Stat. 1121) and section 1538(b)(1) of MAP–21 (Public Law 112–141; 126 Stat. 586) by the original deadline of February 2019.
## Sec. 206 Houston and Coastal Texas — added
- The Secretary shall expeditiously carry out flood and storm damage reduction studies to reduce the risk of damage from future floods and hurricanes in the Houston and Coastal Texas areas. In carrying out the studies, the Secretary shall leverage existing information and resources.
## Sec. 301 Deauthorization of inactive projects
- (a) Purposes— The purposes of this section are—
- (1) to identify $3,000,000,000 $3,150,000,000 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;
- (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)); and
- (C) any project or separable element for which the non-Federal sponsor of such project or separable element submits a request for inclusion on the list.
- (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 $3,000,000,000.$3,150,000,000.
- (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)(A).
- (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)(2).
- (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) In general— The Secretary shall solicit comments from the public and the 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)(A).
- (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 modification.
## Sec. 306 Conveyances
- (a) Cheatham County, Tennessee—
- (1) Conveyance authorized— The Secretary may convey to Cheatham County, Tennessee (in this subsection referred to as the “Grantee”), all right, title, and interest of the United States in and to the real property in Cheatham County, Tennessee, consisting of approximately 9.19 acres, identified as portions of tracts E–514–1, E–514–2, E–518–1, E–518–2, E–519–1, E–537–1, and E–538, all being part of the Cheatham Lock and Dam project at CRM 158.5, including any improvements thereon.
- (2) Deed— The conveyance of property under this subsection shall be accomplished using a quitclaim deed and upon such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, to include retaining the right to inundate with water any land transferred under this subsection.
- (3) Consideration— The Grantee shall pay to the Secretary an amount that is not less than the fair market value of the land conveyed under this subsection, as determined by the Secretary.
- (4) Subject to existing easements and other interests— The conveyance of property under this section shall be subject to all existing easements, rights-of-way, and leases that are in effect as of the date of the conveyance.
- (b) Nashville, Tennessee—
- (1) Conveyance authorized— The Secretary may convey, without consideration, to the City of Nashville, Tennessee (in this subsection referred to as the “City”), all right, title, and interest of the United States in and to the real property covered by Lease No. DACW62–1–84–149, including any improvements thereon, at the Riverfront Park Recreational Development, consisting of approximately 5 acres, subject to the right of the Secretary to retain any required easements in the property.
- (2) Conveyance agreement— A quit claim deed shall be used to convey real property under this subsection upon the terms and conditions mutually satisfactory to the Secretary and the City. The deed shall provide that in the event the City, its successors, or assigns cease to maintain improvements for recreation included in the conveyance or otherwise utilize the real property conveyed for purposes other than recreation and compatible flood risk management, the City, its successor, or assign shall repay to the United States the Federal share of the cost of constructing the improvements for recreation under the agreement between the United States and the City dated December 8, 1981, increased as necessary to account for inflation.
- (c) Generally applicable provisions—
- (1) [was (4)(2)] Survey to obtain legal description— The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
- (2) [was (4)(3)] Applicability of property screening provisions— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
- (3) [was (4)(4)] Additional terms and conditions— The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States.
- (4) [was (4)(5)] Costs of conveyance— An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
- (5) [was (4)(6)] Liability— An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed.
## Sec. 308 Kissimmee River restoration, Central and Southern Florida
- Subject to a determination by the Secretary that the costs are reasonable and allowable and that the work for which credit is requested was carried out in accordance with Not later than 30 days after the laws specified in section 5014(i)(2)(A) date of the Water Resources Reform and Development Act enactment of 2014 (128 Stat. 1331) and all other applicable Federal laws, this Act, the Secretary may credit toward shall submit to the non-Federal share Committee on Transportation and Infrastructure of the cost House of Representatives and the Kissimmee River project, authorized in section 101(8) Committee on Environment and Public Works of the Water Resources Development Act of 1992 (106 Stat. 4802), Senate a report on the total estimated value of in-kind contributions made by the non-Federal interest with respect to the six following six actions, as described in the final report of the Director of Civil Works on the Central and Southern Florida Project, Kissimmee River Restoration Project, dated April 27, 2018:
- (1) Shady Oaks Fish Camp land preparation.
- (2) Rocks Fish Camp land preparation.
- (3) Levee breaching of Sparks Candler and Bronson Levees.
- (4) Packingham Slough construction related to land acquisition.
- (5) Engineering analysis of River Acres engineering solution.
- (6) Small local levee modifications.
## Sec. 311 Boston harbor reserved channel deauthorizations — added
- (a) 40-foot reserved channel—
- (1) In general— The portions of the project for navigation, Boston Harbor, Massachusetts, authorized by the first section of the Act of October 17, 1940 (54 Stat. 1198, chapter 895) and modified by section 101 of the River and Harbor Act of 1958 (72 Stat. 297), section 101(a)(13) of the Water Resources Development Act of 1990 (104 Stat. 4607), and section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1365) described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act.
- (2) Areas described—
- (A) First area— The first areas described in this paragraph are—
- (i) beginning at a point N. 2950154.45, E. 785995.64;
- (ii) running southwesterly about 1451.63 feet to a point N. 2950113.83, E. 784544.58;
- (iii) running southeasterly about 54.00 feet to a point N. 2950059.85, E. 784546.09;
- (iv) running southwesterly about 1335.82 feet to a point N. 2950022.48, E. 783210.79;
- (v) running northwesterly about 83.00 feet to a point N. 2950105.44, E. 783208.47;
- (vi) running northeasterly about 2787.45 feet to a point N. 2950183.44, E. 785994.83; and
- (vii) running southeasterly about 29.00 feet to the point described in clause (i).
- (B) Second area— The second areas described in this paragraph are—
- (i) beginning at a point N. 2950502.86, E. 785540.84;
- (ii) running northeasterly about 46.11 feet to a point N2950504.16, E785586.94;
- (iii) running southwesterly about 25.67 feet to a point N. 2950480.84, E. 785576.18;
- (iv) running southwesterly to a point N. 2950414.32, E. 783199.83;
- (v) running northwesterly about 8.00 feet to a point N. 2950422.32, E. 783199.60;
- (vi) running northeasterly about 2342.58 feet to a point N. 2950487.87, E. 785541.26; and
- (vii) running northwesterly about 15.00 feet to the point described in clause (i).
- (b) 35-foot reserved channel—
- (1) In general— The portions of the project for navigation, Boston Harbor, Massachusetts, authorized by the first section of the Act of October 17, 1940 (54 Stat. 1198, chapter 895) and modified by section 101 of the River and Harbor Act of 1958 (72 Stat. 297) described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act.
- (2) Areas described—
- (A) First area— The first areas described in this paragraph are—
- (i) beginning at a point N. 2950143.44, E. 787532.14;
- (ii) running southeasterly about 22.21 feet to a point N. 2950128.91, E. 787548.93;
- (iii) running southwesterly about 4,339.42 feet to a point N. 2950007.48, E. 783211.21;
- (iv) running northwesterly about 15.00 feet to a point N. 2950022.48, E. 783210.79; and
- (v) running northeasterly about 4,323.05 feet to the point described in clause (i).
- (B) Second area— The second areas described in this paragraph are—
- (i) beginning at a point N. 2950502.86, E. 785540.84;
- (ii) running southeasterly about 15.00 feet to a point N. 2950487.87, E. 785541.26;
- (iii) running southwesterly about 2342.58 feet to a point N. 2950422.32, E. 783199.60;
- (iv) running southeasterly about 8.00 feet to a point N. 2950414.32, E. 783199.83;
- (v) running southwesterly about 1339.12 feet to a point N. 2950376.85, E. 781861.23;
- (vi) running northwesterly about 23.00 feet to a point N. 2950399.84, E. 781860.59; and
- (vii) running northeasterly about 3681.70 feet to the point described in clause (i).
## Sec. 312 Continued authorization of certain projects — added
- Notwithstanding the third sentence of section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), projects and separable elements of projects identified in the fiscal year 2017 report prepared in accordance with such section and submitted to Congress on December 15, 2016, shall not be deauthorized unless such projects and separable elements meet the requirements of section 1301(b)(1)(A) of the Water Resources Development Act of 2016 (130 Stat. 1687).
## Sec. 313 Puget sound nearshore ecosystem restoration — added
- Section 544(f) of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2675) is amended—
- (1) by striking “$40,000,000” and inserting “$60,000,000”; and
- (2) by striking “$5,000,000” and inserting “$10,000,000”.
## Sec. 314 Land conveyance — added
- (a) In general— On the date of enactment of this Act, the Secretary of the Army shall convey to the City of Bainbridge, Georgia, without monetary consideration and subject to subsection (b), all right, title, and interest in and to real property described in subsection (c).
- (b) Terms and conditions—
- (1) In general— The conveyance by the United States under this subsection shall be subject to—
- (A) the condition that the City of Bainbridge agree to operate, maintain, and manage the property for fish and wildlife, recreation, and environmental purposes at no cost or expense to the United States; and
- (B) such other terms and conditions as the Secretary determines to be in the interest of the United States.
- (2) Reversion— If the Secretary determines that the real property conveyed under paragraph (1) ceases to be held in public ownership or the city ceases to operate, maintain, and manage the real property in accordance with this subsection, all right, title, and interest in and to the property shall revert to the United States, at the option of the Secretary.
- (c) Property— The property to be conveyed is composed of the following 3 parcels of land:
- (1) Parcel 1— All that tract or parcel of land lying and being in Land Lots 226. and 228, Fifteenth Land District, and Land Lots 319, 320, 321, 322, 323 and 358, Twentieth Land District, Decatur County, Georgia, more particularly described as follows:
- (2) Parcel 2— All that tract or parcel of land lying and lying and being in Land Lot 226, Fifteenth Land District, Decatur County, Georgia, more particularly described as follows:
- (3) Parcel 3— All that tract or panel of land lying and being in Land Lot 225, Fifteenth Land District, Decatur County, Georgia, more particularly described as follows:
## Sec. 315 Cedar River, Cedar Rapids, Iowa — added
- The Secretary shall expedite completion of the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Development Act of 2014 (128 Stat. 1366).
## Sec. 316 Corps of Engineers bridge repair and divestiture program for New England evacuation routes — added
- Subject to the availability of appropriations, the Secretary may repair or replace, as necessary, any bridge owned and operated by the Secretary that is—
- (1) located in any of the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont; and
- (2) necessary for evacuation during an extreme weather event.
## Sec. 317 Port of Whitman County — added
- (a) Definitions— In this section:
- (1) Federal land— The term “Federal land” means the approximately 288 acres of land situated in Whitman County, Washington, contained within Tract D of Little Goose Lock and Dam.
- (2) Non-Federal land— The term “non-Federal land” means a tract or tracts of land owned by the Port of Whitman County, Washington, that the Secretary determines, with approval of the Washington Department of Fish and Wildlife and the Secretary of the Interior acting through the Director of the United States Fish and Wildlife Service, equals or exceeds the value of the Federal land both as habitat for fish and wildlife and for recreational opportunities related to fish and wildlife.
- (b) Land exchange— On conveyance by the Port of Whitman County to the United States of all right, title, and interest in and to the non-Federal land, the Secretary of the Army shall convey to the Port of Whitman County all right, title, and interest of the United States in and to the Federal land.
- (c) Deeds—
- (1) Deed to non-Federal land— The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary.
- (2) Deed to Federal land— The Secretary shall convey the Federal land to the Port of Whitman County by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to allow the United States to operate and maintain the Lower Snake River Project and to protect the interests of the United States.
- (d) Cash payment— If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Port of Whitman County shall make a cash payment to the United States reflecting the difference in the appraised fair market values.
- (e) Administrative expenses— The Port of Whitman County shall be responsible for the administrative costs of the transaction in accordance with section 2695 of title 10, United States Code.
- (f) Liability— The Port of Whitman County shall hold the United States harmless from any liability with respect to activities carried out on the Federal land on or after the date of the conveyance.
- (g) Applicability of real property screening provisions— Section 2696 of title 10, United States Code, shall not apply to the conveyance of the Federal land under this section.
- (h) Survey to obtain legal description— The exact acreage and legal description of the Federal land and non-Federal land shall be determined by a survey that is satisfactory to the Secretary.
## Sec. 318 Hampton Harbor, New Hampshire, navigation improvement project — added
- In carrying out the project for navigation, Hampton Harbor, New Hampshire, under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), the Secretary shall use all existing authorities of the Secretary to mitigate severe shoaling.
## Sec. 319 Portsmouth Harbor and Piscataqua River — added
- The Secretary shall expedite the project for navigation for Portsmouth Harbor and the Piscataqua River authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173).