Sec. 101 Short title
This title may be cited as the “Water Resources Development Act of 2018”.
Title I — Water Resources Development
I Water Resources Development
Sec. 102 Secretary defined
In this title, the term “Secretary” means the Secretary of the Army.
A General Provisions
Sec. 1101 Sense of Congress regarding water resources development bills
It is the sense of Congress that, because the missions of the Corps of Engineers for navigation, flood control, beach erosion control and shoreline protection, hydroelectric power, recreation, water supply, environmental protection, restoration, and enhancement, and fish and wildlife mitigation benefit all Americans, and because water resources development projects are critical to maintaining the country’s economic prosperity, national security, and environmental protection, Congress should consider a water resources development bill not less often than once every Congress.
Sec. 1102 Study of the future of the United States Army Corps of Engineers
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—
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
improving the Corps of Engineers’ project delivery processes, including recommendations for such improvements, taking into account factors including—
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 development projects and perform regulatory obligations;
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
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.
Considerations— The study carried out under subsection (a) shall include consideration of—
effects on the national security of the United States;
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;
emergency and natural disaster response obligations of the Federal Government that are carried out by the Corps of Engineers; and
the ability of the Corps of Engineers to increase efficiency, coordination, transparency, and cost savings of the project delivery process.
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.
Congressional approval— The Secretary may not implement the findings of the study carried out under subsection (a) unless expressly authorized by Congress.
Sec. 1103 Study on economic and budgetary analyses
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—
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
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.
Considerations— The study under subsection (a) shall include—
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;
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;
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;
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;
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;
an analysis of whether or not the Corps of Engineers—
considers cumulative benefits of locally developed projects, including Master Plans approved by the Corps; and
uses the benefits referred to in subparagraph (A) for purposes of benefit-cost analysis for project justification for potential projects within such Master Plans; and
consideration of the report submitted under section 1204, if that report is submitted prior to completion of the study under this section.
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—
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
make a copy of such report available on a publicly accessible website.
Sec. 1104 Dissemination of information
Findings— Congress finds the following:
Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.
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.
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—
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
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.
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.
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.
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—
develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests;
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;
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
provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.
Sec. 1105 Non-Federal engagement and review
Issuance— The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section.
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—
informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
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.
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.
Stakeholder engagement—
Input— The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
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 input and recommendations.
Submission— 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 copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations.
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 the publicly accessible website described in subsection (b)(2).
Definitions— In this section:
Covered provision of law— The term covered provision of law means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which—
the Secretary determines guidance is necessary in order to implement the provision; and
no such guidance has been issued as of the date of enactment of this Act.
Covered water resources development law— The term covered water resources development law means—
the Water Resources Reform and Development Act of 2014;
the Water Resources Development Act of 2016;
this Act; and
any Federal water resources development law enacted after the date of enactment of this Act.
Sec. 1106 Lake Okeechobee regulation schedule review
The Secretary shall expedite completion of the Lake Okeechobee regulation schedule to coincide with the completion of the Herbert Hoover Dike project, and may consider all relevant aspects of the Comprehensive Everglades Restoration Plan described in section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680).
Sec. 1107 Access to real estate data
In general— Using available funds, the Secretary shall make publicly available, including on a publicly accessible website, information on all Federal real estate assets in the United States that are owned, operated, or managed by, or in the custody of, the Corps of Engineers.
Requirements—
In general— The real estate information made available under subsection (a) shall include—
existing standardized real estate plat descriptions of assets described in subsection (a); and
existing geographic information systems and geospatial information associated with such assets.
Collaboration— In making information available under subsection (a), the Secretary shall consult with the Administrator of General Services. Such information may be made available, in whole or in part, in the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287), as determined appropriate by the Administrator of General Services. Nothing in this paragraph shall be construed as requiring the Administrator of General Services to add additional data elements or features to such Federal real property database if such additions are impractical or would add additional costs to such database.
Limitation— Nothing in this section shall compel or authorize the disclosure of data or other information determined by the Secretary to be confidential, privileged, national security information, personal information, or information the disclosure of which is otherwise prohibited by law.
Timing— The Secretary shall ensure that the implementation of subsection (a) occurs as soon as practicable.
Effect on other laws— Nothing in this section shall be construed as modifying, or exempting the Corps of Engineers from, the requirements of the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287).
Sec. 1108 Aquatic invasive species research
In General— As part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the management and eradication of aquatic invasive species, including Asian carp and zebra mussels.
Locations— In carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted by aquatic invasive species, such as the Atlantic, Pacific, and Gulf coasts and the Great Lakes.
Report— Not later than 180 days after the date of enactment of this section, 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 recommending a plan to address the spread and impacts of aquatic invasive species.
Sec. 1109 Harmful algal bloom technology demonstration
In general— The Secretary, acting through the Engineer Research and Development Center, shall implement a 5-year harmful algal bloom technology development demonstration program under the Aquatic Nuisance Research Program. To the extent practicable, the Secretary shall support research that will identify and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and effects of harmful algal blooms in the Nation’s water resources.
Scalability requirement— The Secretary shall ensure that technologies identified, tested, and deployed under the harmful algal bloom technology development demonstration program have the ability to scale up to meet the needs of harmful-algal-bloom-related events.
Sec. 1110 Bubbly Creek, Chicago ecosystem restoration
The Secretary shall enter into a memorandum of understanding with the Administrator of the Environmental Protection Agency to facilitate ecosystem restoration activities at the South Fork of the South Branch of the Chicago River (commonly known as Bubbly Creek).
Sec. 1111 Dredge pilot program
In General— The Secretary is authorized to carry out a pilot program to award contracts with a duration of up to 5 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)).
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 or on a project-by-project basis.
Report to Congress— Not later than 1 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—
cost effectiveness;
reliability and performance;
cost savings attributable to mobilization and demobilization of dredge equipment; and
response times to address navigational impediments.
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. 1112 Hurricane and storm damage protection program
In general— The Secretary is authorized to carry out a pilot program to award single contracts for more than one authorized hurricane and storm damage reduction project in a geographical region, including projects across more than one Corps of Engineers district, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on a project-by-project basis.
Project selection— In carrying out the pilot program under subsection (a), the Secretary shall consult with relevant State agencies in selecting projects.
Criteria— In carrying out the pilot program under subsection (a), the Secretary shall establish criteria and other considerations that—
foster Federal, State, and local collaboration;
evaluate the performance of projects being carried out under a single contract with respect to whether such projects yield any regional or multi-district benefits; and
include other criteria and considerations that the Secretary determines to be appropriate.
Report— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the projects completed under the pilot program carried out under subsection (a).
Authorization of appropriations— There is authorized to be appropriated to carry out this section $75,000,000.
Termination— 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. 1113 Operation and maintenance of existing infrastructure
The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats.
Sec. 1114 Assistance relating to water supply
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. 1115 Property acquisition
In general— In acquiring an interest in land, or requiring a non-Federal interest to acquire an interest in land, the Secretary shall, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, first consider the minimum interest in real property necessary to support the water resources development project for which such interest is acquired.
Determination— In determining an interest in land under subsection (a), the Secretary shall first consider a temporary easement or other interest designed to reduce the overall cost of the water resources development project for which such interest is acquired, reduce the time to complete such project, and minimize conflict with property owners related to such project.
Procedures used in State— In carrying out subsection (a), the Secretary shall consider, with respect to a State, the procedures that the State uses to acquire, or require the acquisition of, interests in land, to the extent that such procedures are generally consistent with the goals of a project or action.
Sec. 1116 Dredged material management plans
In general— For purposes of dredged material management plans initiated after the date of enactment of this Act, the Secretary shall expedite the dredged material management plan process in order that such plans make maximum use of existing information, studies, and innovative dredged material management practices, and avoid any redundant information collection and studies.
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. 1117 Inclusion of project or facility in Corps of Engineers workplan
In general— The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers—
that the Secretary has studied for disposition under an existing authority, including by carrying out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a); and
for which a final report by the Director of Civil Works has been completed.
Notification to Committees— Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Sec. 1118 Geomatic data
In general— The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal interest through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means, in carrying out any authority of the Secretary.
Considerations— In carrying out this section, the Secretary shall ensure that use of information described in subsection (a) meets the data quality and operational requirements of the Secretary.
Savings clause— Nothing in this section—
requires the Secretary to accept information that the Secretary determines does not meet the guidance developed under this section; or
changes the current statutory or regulatory requirements of the Corps of Engineers.
Sec. 1119 Local government reservoir permit review
In general— During the 10-year period after the date of enactment of this section, the Secretary shall expedite review of applications for covered permits, if the permit applicant is a local governmental entity with jurisdiction over an area for which—
any portion of the water resources available to the area served by the local governmental entity is polluted by chemicals used at a formerly used defense site under the jurisdiction of the Department of Defense that is undergoing (or is scheduled to undergo) environmental restoration under chapter 160 of title 10, United States Code; and
mitigation of the pollution described in paragraph (1) is ongoing.
Covered permit defined— In this section, the term covered permit means a permit to be issued by the Secretary to modify a reservoir owned or operated by the Secretary, with respect to which not less than 80 percent of the water rights are held for drinking water supplies, in order to accommodate projected water supply needs of an area with a population of less than 80,000.
Limitations— Nothing in this section affects any obligation to comply with the provisions of any Federal law, including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 1120 Transparency and accountability in cost sharing for water resources development projects
Definition of balance sheet— In this section, the term balance sheet means a document that describes—
the funds provided by each Federal and non-Federal interest for a water resources development project; and
the status of those funds.
Establishment of balance sheet— Each district of the Corps of Engineers shall, using the authority of the Secretary under section 10 of the Water Resources Development Act of 1988 (33 U.S.C. 2315)—
maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and
on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet.
Under-Budget projects— In the case of a water resources development project carried out by the Secretary that is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal interest in accordance with the cost-share requirement applicable to the project.
Sec. 1121 Upper Missouri Mainstem Reservoir water withdrawal intake easement review
In general— During the 10-year period beginning on the date of enactment of this Act, the Secretary shall, to the maximum extent practicable, expedite the review of applications for a covered easement.
Process— In carrying out this section, the Secretary shall develop an application to obtain a covered easement that requires an applicant for a covered easement to submit information that includes—
all permissible locations for the proposed easement;
the corresponding dimensions of the proposed easement;
the methods of installation of the water withdrawal intakes; and
any other information that the Secretary may require to complete the review.
Response— Not later than 30 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall seek to provide to the applicant a written notification that states—
whether the application is complete; and
if the application is not complete, what information is needed for the application to be complete.
Determination— To the maximum extent practicable, not later than 120 days after the date on which the Secretary receives a complete application for a covered easement, the Secretary shall approve or deny the application for the covered easement.
Covered easement defined— In this section, the term covered easement means an easement necessary to access Federal land under the control of the Secretary for the placement of water withdrawal intakes in the Upper Missouri Mainstem Reservoirs that does not otherwise involve the alteration or modification of any structures or facilities located on that Federal land, other than those owned by the non-Federal interest.
Limitations— Nothing in this section affects any obligation to comply with the provisions of any Federal law, including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 1122 Limitation on contract execution
Limitation— For any new covered contract entered into during the period beginning on the date of enactment of this Act and ending on December 31, 2020, any local governmental entity that is a party to a covered contract entered into before such period shall be required to pay not more than 110 percent of the contractual rate per acre-foot in effect under the most recent such covered contract.
Covered contract— In this section, the term covered contract means a contract between a local governmental entity and the Secretary for water supply storage in a nonhydropower lake within the Verdigris River Basin.
Sec. 1123 Certain levee improvements
In general— Notwithstanding section 211 of the Water Resources Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the request of a local government, is authorized to provide technical services, on a reimbursable basis, to the local government to assess the reasons a federally constructed levee owned or operated by the local government is not accredited by the Federal Emergency Management Agency.
Federal levees— In carrying out this section, in a case in which a levee owned and operated by the Secretary is hydraulically tied to a levee described in subsection (a), the Secretary is encouraged to cooperate, to the maximum extent practicable, with the relevant local governmental entities in assessing the reasons the levee described in subsection (a) is not accredited.
Limitation— Nothing in this section—
affects the responsibilities of a local government to operate and maintain its flood control infrastructure; or
obligates the Secretary to expend additional Federal resources on levees owned and operated by the Secretary.
Sec. 1124 Cost-share payment for certain projects
The Secretary shall, subject to the availability of appropriations, 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. 1125 Locks on Allegheny River
Sec. 1126 Purpose and need
Purpose and need statements—
In general— Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—
whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and
in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.
Effect on environmental impact statements— No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until the date on which the District Engineer provides to the applicant a purpose and need statement as required under paragraph (1).
Appeals request— A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project.
Sec. 1127 Prior project authorization
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Sec. 1128 Mississippi River and Tributaries Project
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.
Consultation— In carrying out subsection (a), the Secretary shall provide an opportunity for consultation with affected communities.
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. 1129 Inclusion of Tribal interests in project consultations
Report required— As soon as practicable following the date of enactment of this Act, the Secretary shall submit the report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).
Consultation— The Secretary shall ensure that all existing Tribal consultation policies, regulations, and guidance continue to be implemented, and that consultations with Federal and State agencies and Indian Tribes required for a water resources development project are carried out.
Sec. 1130 Beneficial use of dredged material
Section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note) is amended—
in subsection (b)(1), by striking “10” and inserting “20”; and
in subsection (g), by striking “10” and inserting “20”.
Sec. 1131 Ice jam prevention and mitigation
Section 1150(c) of the Water Resources Development Act of 2016 (33 U.S.C. 701s note) is amended—
in paragraph (1)—
by striking “During fiscal years 2017 through 2022, the Secretary” and inserting “The Secretary”; and
by striking “10 projects” and inserting “20 projects”; and
in paragraph (2)—
by striking “shall ensure” and inserting the following :
“(A) ensure”
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(B) select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act).”
Sec. 1132 Rehabilitation of Corps of Engineers constructed dams
Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note) is amended—
in subsection (e), by striking “$10,000,000” and inserting “$40,000,000”; and
in subsection (f), by striking “$10,000,000” and inserting “$40,000,000”.
Sec. 1133 Columbia River
Bonneville Dam, Oregon—
In general— The Secretary, in consultation with the Secretary of the Interior, shall examine and assess the extent to which Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) have been displaced as a result of the construction of the Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1032) and the first section and section 2(a) of the Act of August 20, 1937 (16 U.S.C. 832, 832a(a)).
Inclusion— The examination and assessment under paragraph (1) may include assessments relating to housing and related facilities.
Assistance— If the Secretary determines, based on the examination and assessment under paragraph (1), that assistance is required or needed, the Secretary may use all existing authorities of the Secretary, including under this Act, to provide assistance to Indians who have been displaced as a result of the construction of the Bonneville Dam, Oregon.
Tribal assistance— Section 1178(c)(1)(A) of the Water Resources Development Act of 2016 (130 Stat. 1675) is amended by striking “Upon the request of the Secretary of the Interior, the Secretary may provide assistance” and inserting “The Secretary, in consultation with the Secretary of the Interior, may provide assistance”.
John Day Dam, Washington and Oregon—
In general— The Secretary, in consultation with the Secretary of the Interior, shall examine and assess the extent to which Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) have been displaced as a result of the construction of the John Day Dam, Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
Inclusion— The examination and assessment under paragraph (1) may include—
assessments relating to housing and related facilities; and
the study required by section 1178(c)(2) of the Water Resources Development Act of 2016 (130 Stat. 1675).
Assistance— If the Secretary determines, based on the examination and assessment under paragraph (1), that assistance is required or needed, the Secretary may use all existing authorities of the Secretary, including under this Act, to provide assistance to Indians who have been displaced as a result of the construction of the John Day Dam, Oregon.
Dalles Dam, Washington and Oregon—
In general— The Secretary, in consultation with the Secretary of the Interior, shall complete and carry out a village development plan for any Indian village submerged 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).
Assistance— The Secretary may acquire land from willing land owners in carrying out a village development plan under paragraph (1).
Requirements— A village development plan completed under paragraph (1) shall include, at a minimum, an estimated cost and tentative schedule for the construction of a replacement village.
Sec. 1134 Missouri River Reservoir sediment management
Section 1179(a) of the Water Resources Development Act of 2016 (130 Stat. 1675) is amended—
by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
by inserting after paragraph (3) the following:
“(4) Prioritization of sediment management plans—In carrying out the pilot project under this subsection, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State lines.”
in paragraph (8) (as so redesignated)—
by redesignating subparagraph (B) as subparagraph (D); and
by striking subparagraph (A) and inserting the following:
“(A) In general—The Secretary shall carry out the pilot program established under this subsection in partnership with the Secretary of the Interior, and the program shall apply to reservoirs managed or owned by the Bureau of Reclamation.
“(B) Memorandum of agreement—For sediment management plans that apply to a reservoir managed or owned by the Bureau of Reclamation under subparagraph (A), the Secretary and the Secretary of the Interior shall execute a memorandum of agreement establishing the framework for a partnership and the terms and conditions for sharing expertise and resources.
“(C) Payments—The Secretary is authorized to accept and expend funds from the Secretary of the Interior to complete any work under this paragraph at a reservoir managed or owned by the Bureau of Reclamation.”
Sec. 1135 Reauthorization of lock operations pilot program
Section 1017(f) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2212 note) is amended by striking “5 years” and inserting “10 years”.
Sec. 1136 Credit or reimbursement
In general— 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 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 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 all or a portion of 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.
“(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.”
Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1022 and inserting the following:
Sec. 1137 Non-Federal implementation pilot program
Section 1043(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note) is amended—
in paragraph (3)(A)(i)—
in the matter preceding subclause (I)—
by striking “15” and inserting “20”; and
by striking “prior to the date of enactment of this Act”;
in subclause (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
in item (bb), by striking “; and” and inserting a semicolon;
in subclause (II)—
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
by striking the semicolon and inserting “; and”; and
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;”
in paragraph (8), by striking “2015 through 2019” and inserting “2019 through 2023”.
Sec. 1138 Surplus water contracts and water storage agreements
Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254) is amended—
in paragraph (1)—
by striking “shall not charge a fee” and inserting the following:
“(A) charge a fee”
by striking “Reservoirs.” and inserting “Reservoirs; or”; and
by adding at the end the following:
“(B) assess a water storage fee with respect to any water storage in the Upper Missouri Mainstem Reservoirs.”
in paragraph (3), by striking “10” and inserting “12”.
Sec. 1139 Post-disaster watershed assessments in territories of the United States
Section 3025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
“(e) Assessments in territories of the United States
“(1) In general—For any major disaster declared in a territory of the United States before the date of enactment of this subsection, all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans.
“(2) Territory defined—In this subsection, the term territory of the United States means an insular area specified in section 1156(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(a)(1)).”
Sec. 1140 Expedited consideration
Section 7004(b)(4) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1374) is amended by striking “December 31, 2018” and inserting “December 31, 2024”.
Sec. 1141 Project studies subject to independent peer review
Section 2034(h)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking “12 years” and inserting “17 years”.
Sec. 1142 Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers Project, Illinois
Section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1121) is amended—
by striking “The Secretary” and inserting the following:
“(1) In general—The Secretary”
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 before any control technologies not included in the Chief's Report are implemented.”
Sec. 1143 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 requirements of subchapter 4 of chapter 31, and chapter 37, of title 40, United States Code.”.
Sec. 1144 Levee safety initiative reauthorization
Title IX of the Water Resources Development Act of 2007 (33 U.S.C. 3301 et seq.) is amended—
in section 9005(g)(2)(E)(i), by striking “2015 through 2019” and inserting “2019 through 2023”; and
in section 9008, by striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.
Sec. 1145 Funding to process permits
Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
in paragraph (4), as so redesignated—
by striking “4 years after the date of enactment of this paragraph” and inserting “December 31, 2022”; and
by striking “carry out a study” and inserting “carry out a followup study”.
Sec. 1146 Reservoir sediment
Section 215 of the Water Resources Development Act of 2000 (33 U.S.C. 2326c) is amended—
in subsection (a)—
by striking “the date of enactment of the Water Resources Development Act of 2016” and inserting “the date of enactment of the Water Resources Development Act of 2018”; and
by striking “shall establish, using available funds, a pilot program to accept” and inserting “shall, using available funds, accept”;
in subsection (b)—
in paragraph (2), by adding “and” at the end;
in paragraph (3), by striking “; and” at the end and inserting a period; and
by striking paragraph (4); and
by striking subsection (f) and inserting the following:
“(f) Report to Congress—Not later than 3 years after the date of enactment of the Water Resources Development Act of 2018, 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 describing the results of the program under this section.”
Sec. 1147 Clarification for integral determination
Section 601(e)(5) of the Water Resources Development Act of 2000 (Public Law 106–541) is amended—
in subparagraph (B)(i)—
in subclause (II), by striking “; or” and inserting a semicolon; and
by inserting after subclause (III) the following:
“(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; or
“(V) the credit is provided for any work carried out by the non-Federal sponsor, as agreed to by the District Commander and non-Federal sponsor in a written agreement (which may include an electronic agreement) prior to such work being carried out by the non-Federal sponsor;”
in subparagraph (B), by amending clause (iii) to read as follows:
“(iii) the Secretary determines that the work performed by the non-Federal sponsor—
“(I) is integral to the project; and
“(II) was carried out in accordance with the requirements of subchapter 4 of chapter 31, and chapter 37, of title 40, United States Code.”
by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; and
by inserting after subparagraph (B) the following:
“(C) Timing—In any case in which the Secretary approves credit under subparagraph (B), in a written agreement (which may include an electronic agreement) with the non-Federal sponsor, the Secretary shall provide such credit for work completed under an agreement that prescribes the terms and conditions for the in-kind contributions.”
Sec. 1148 Beneficial use of dredged sediment
In general— In carrying out a project for the beneficial reuse of sediment to reduce storm damage to property under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) that involves only a single application of sediment, the Secretary may grant a temporary easement necessary to facilitate the placement of sediment, if the Secretary determines that granting a temporary easement is in the interest of the United States.
Limitation— If the Secretary grants a temporary easement under subsection (a) with respect to a project, that project shall no longer be eligible for future placement of sediment under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).
Sec. 1149 Inclusion of alternative measures for aquatic ecosystem restoration
Inclusion of alterative measures for aquatic ecosystem restoration— Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2230) is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
“(e) Use of natural and nature-Based features—In carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in section 1184 of the Water Resources Development Act of 2016, if the Secretary determines that inclusion of such features is consistent with the requirements of subsection (a).”
Amendment to definition— Section 1184(a)(2) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)(2)) is amended by striking “in coastal areas”.
Natural infrastructure— In carrying out a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary shall consider the use of both traditional and natural infrastructure alternatives, alone or in conjunction with each other, if those alternatives are practicable.
Sec. 1150 Regional sediment management
Section 204(a)(1)(A) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(a)(1)(A)) is amended by inserting “including a project authorized for flood control,” after “an authorized Federal water resources project,”.
Sec. 1151 Operation and maintenance of navigation and hydroelectric facilities
in the heading by inserting “navigation and” before “hydroelectric facilities”;
in the first sentence, by striking “Activities currently performed” and inserting the following:
“(a) In general—Activities currently performed”
in subsection (a) (as designated by paragraph (2)), by inserting “navigation or” before “hydroelectric”;
in the second sentence, by striking “This section” and inserting the following:
“(b) Major maintenance contracts allowed—This section”
by adding at the end the following:
“(c) Exclusion—This section does not—
“(1) apply to a navigation facility that was under contract on or before the date of enactment of this subsection with a non-Federal interest to perform operations or maintenance; and
“(2) prohibit the Secretary from contracting out commercial activities after the date of enactment of this subsection at a navigation facility.”
Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is amended by striking the item relating to section 314 and inserting the following:
Sec. 1152 Study of water resources development projects by non-Federal interests
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended—
in subsection (a)(1), by inserting “federally authorized” before “feasibility study”;
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.”
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.
“(5) Savings provision—The provision of technical assistance by the Secretary under paragraph (2)—
“(A) shall not be considered to be an approval or endorsement of the feasibility study; and
“(B) shall not affect the responsibilities of the Secretary under subsections (b) and (c).”
Sec. 1153 Construction of water resources development projects by non-Federal interests
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended—
in subsection (b)—
in paragraph (1), in the matter preceding subparagraph (A), by inserting “federally authorized” before “water resources development project”;
in paragraph (2)(A), by inserting “, except as provided in paragraph (3)” before the semicolon; and
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.
“(4) Data sharing
“(A) In general—If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project.
“(B) Deadline—Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation.
“(C) Limitation—Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information.”
by amending subsection (c) to read as follows:
“(c) Studies and engineering
“(1) In general—When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted.
“(2) No waiver—Nothing in this section may be construed to waive any requirement of section 3142 of title 40, United States Code.
“(3) Limitation—Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d).
“(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.”
in subsection (d)—
in paragraph (3)—
in subparagraph (A), by striking “; and” and inserting a semicolon;
in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.”
in paragraph (5)—
by striking “flood damage reduction” each place it appears and inserting “water resources development”;
in subparagraph (A), by striking “for a discrete segment of a” and inserting “for carrying out a discrete segment of a federally authorized”; and
in subparagraph (D), in the matter preceding clause (i), by inserting “to be carried out” after “project”.
Sec. 1154 Corps budgeting; project deauthorizations; comprehensive backlog report
In general— Section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a) is amended—
by striking the section designator and all that follows through “Any project” and inserting the following:
“1001. Corps budgeting; project deauthorizations; comprehensive backlog report
“(a) Any project”
in subsection (b), by striking paragraphs (3) and (4) and inserting the following:
“(3) Comprehensive construction backlog and operation and maintenance report
“(A) In general—The Secretary, once every 2 years, 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;
“(ii) a complete list of all feasibility studies of the Corps of Engineers that Congress has authorized the Secretary to carry out for which a Report of the Chief of Engineers has not been issued;
“(iii) a complete list of all environmental infrastructure projects authorized by Congress under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835); and
“(iv) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers.
“(B) Required information—The Secretary shall include on each list developed under clause (i), (ii), or (iii) of subparagraph (A) for each feasibility study, project, and separable element on that list—
“(i) the date of authorization of the feasibility study, project, or separable element, including any subsequent modifications to the original authorization;
“(ii) the original budget authority for the feasibility study, project, or separable element;
“(iii) a brief description of the feasibility study, project, or separable element;
“(iv) the estimated date of completion of the feasibility study, project, or separable element, assuming all capability is fully funded;
“(v) the estimated total cost of completion of the feasibility study, project, or separable element;
“(vi) the amount of funds spent on the feasibility study, project, or separable element, including Federal and non-Federal funds;
“(vii) the amount of appropriations estimated to be required in each fiscal year during the period of construction to complete the project or separable element by the date specified under clause (iv);
“(viii) the location of the feasibility study, project, or separable element;
“(ix) a statement from the non-Federal interest for the project or separable element indicating the non-Federal interest’s capability to provide the required local cooperation estimated to be required for the project or separable element in each fiscal year during the period of construction;
“(x) the benefit-cost ratio of the project or separable element, calculated using the discount rate specified by the Office of Management and Budget for purposes of preparing the President’s budget pursuant to chapter 11 of title 31, United States Code;
“(xi) the benefit-cost ratio of the project or separable element, calculated using the discount rate utilized by the Corps of Engineers for water resources development project planning pursuant to section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–17); and
“(xii) the last fiscal year in which the project or separable element incurred obligations.
“(C) Required operation and maintenance information—The Secretary shall include on the list developed under subparagraph (A)(iv), 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.
“(D) Publication
“(i) In general—For fiscal year 2020, and once every 2 years 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 developed under subparagraph (A) to—
“(I) the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives; and
“(II) the Director of the Office of Management and Budget.
“(ii) Public availability—The Secretary shall make a copy of the lists available on a publicly accessible website site in a manner that is downloadable, searchable, and sortable.”
Budgetary evaluation metrics and transparency— Beginning in fiscal year 2020, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works) pursuant to section 1105(a) of title 31, United States Code, the President shall ensure that such budget request—
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
demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in such budget request.
Public participation— In the development of, or any proposed major substantive modification to, a proposed budget for water resources development projects, the Secretary, through each District shall, not less frequently than annually—
provide to non-Federal interests and other interested stakeholders information on the proposed budget for projects or substantive modifications to project budgets within each District’s jurisdiction;
hold multiple public meetings to discuss the budget for projects within each District’s jurisdiction; and
provide to non-Federal interests the opportunity to collaborate with District personnel for projects within each District’s jurisdiction—
to support information sharing; and
to the maximum extent practicable, to share in concept development and decisionmaking to achieve complementary or integrated solutions to problems.
Sec. 1155 Indian Tribes
Cost sharing provisions for territories and Indian Tribes— Section 1156(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(a)(2)) is amended by striking “(as defined” and all that follows through the period at the end and inserting “or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).”.
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 “(including a” and all that follows through “; or” at the end and inserting “(including an Indian tribe and a tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or”.
Sec. 1156 Inflation adjustment of cost-sharing provisions for territories and Indian Tribes
Section 1156(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(b)) is amended by striking “the date of enactment of this subsection” and inserting “the date of enactment of the Water Resources Development Act of 2018”.
Sec. 1157 Corps of Engineers continuing authorities program
Storm and hurricane restoration and impact minimization program— Section 3(c)(1) of the Act of August 13, 1946 (33 U.S.C. 426g(c)(1)) is amended by striking “$30,000,000” and inserting “$37,500,000”.
Small river and harbor improvement projects— Section 107(a) of the River and Harbor Act of 1960 (33 U.S.C. 577(a)) is amended by striking “$50,000,000” and inserting “$62,500,000”.
Shore damage prevention or mitigation— Section 111(c) of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking “$10,000,000” and inserting “$12,500,000”.
Regional sediment management— Section 204(g) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(g)) is amended in the first sentence by striking “$50,000,000” and inserting “$62,500,000”.
Small flood control projects— Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended in the first sentence by striking “$55,000,000” and inserting “$68,750,000”.
Aquatic ecosystem restoration— Section 206(f) of the Water Resources Development Act of 1996 (as redesignated by section 1149) is amended by striking “$50,000,000” and inserting “$62,500,000”.
Project modifications for improvement of environment— Section 1135(h) of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking “$40,000,000” and inserting “$50,000,000”.
Emergency streambank and shoreline protection— Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking “$20,000,000” and inserting “$25,000,000”.
Tribal partnership program— Section 203(b)(4) of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended to read as follows:
“(4) Design and construction
“(A) In general—The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $12,500,000.
“(B) Specific authorization—If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $12,500,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element.”
Sec. 1158 Hurricane and storm damage reduction
Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended—
in subsection (b)—
by striking “Notwithstanding” and inserting the following:
“(1) In general—Notwithstanding”
by adding at the end the following:
“(2) Timing—The 15 additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment.”
in subsection (e), by striking “5 year-period” and inserting “10-year period”.
Sec. 1159 Regional coalitions and higher education
Section 22(a) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(a)) is amended—
by amending paragraph (1) 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.”
by adding at the end the following:
“(3) Institution of higher education—Notwithstanding section 236 of title 10, United States Code, in carrying out this subsection, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.”
Sec. 1160 Emergency response to natural disasters
Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended in the first sentence—
by striking “strengthening, raising, extending, or other modification thereof” and inserting “strengthening, raising, extending, realigning, or other modification thereof”; and
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,”.
Sec. 1161 Cost and benefit feasibility assessment
Cost benefit and special conditions— Section 5(a) of the Act of August 18, 1941 (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) Authority to carry out work—The Chief of Engineers may carry out repair or restoration work described in paragraph (1) that does not produce benefits greater than the cost if—
“(I) the non-Federal sponsor agrees to pay 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
“(II) the Secretary determines that—
“(aa) the damage to the structure was not a result of negligent operation or maintenance; and
“(bb) repair of the project could benefit another Corps project.
“(ii) Treatment of payments—Non-Federal payments pursuant to clause (i) shall be in addition to any non-Federal payments required by the Chief of Engineers that are applicable to the remaining costs of the repair or restoration work.”
Continued eligibility— Notwithstanding a non-Federal flood control work’s status in the Rehabilitation and Inspection Program carried out pursuant to section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 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 such section 5 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 such section 5, as amended by this Act, to pay 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 that—
the damage to the structure was not as a result of negligent operation or maintenance; and
repair of the project could benefit another Corps project.
Sec. 1162 Extended community assistance by the Corps of Engineers
Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), as amended by this Act, is further amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
“(3) Extended assistance—Upon request by a locality receiving assistance under the fourth sentence of paragraph (1), the Secretary shall, subject to the availability of appropriations, enter into an agreement with the locality to provide such assistance beyond the time period otherwise provided for by the Secretary under such sentence.”
Sec. 1163 Dam safety
Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) is amended by striking “2015 through 2019” each place it appears and inserting “2019 through 2023”.
Sec. 1164 Local government water management plans
With the consent of the non-Federal interest for a feasibility study for a water resources development project, the Secretary may enter into a written agreement under section 221(a) of the Flood Control Act of 1970, with a unit of local government in the watershed that has adopted a local or regional water management plan, to allow the unit of local government to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project in order to help achieve the purposes identified in the local or regional water management plan.
Sec. 1165 Structures and facilities constructed by Secretary
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is 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.”
Sec. 1166 Advanced funds for water resources development studies and projects
Contributions by States and political subdivisions for immediate use on authorized flood-Control work; repayment— The Act of October 15, 1940 (33 U.S.C. 701h–1) is amended—
by striking “a flood-control project duly adopted and authorized by law” and inserting “a federally authorized water resources development project,”;
by striking “such work” and inserting “such project”;
by striking “from appropriations which may be provided by Congress for flood-control work” and inserting “if appropriations are provided by Congress for such purpose”; and
by adding at the end the following: “For purposes of this Act, the term State means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))).”.
No adverse effect on processes— In implementing any provision of law that authorizes a non-Federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project (including sections 203 and 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), and the Act of October 15, 1940 (33 U.S.C. 701h–1)), the Secretary shall ensure, to the maximum extent practicable, that the use by a non-Federal interest of such authorities does not adversely affect—
the process or timeline for development and implementation of other water resources development projects by other non-Federal entities that do not use such authorities; or
the process for including such projects in the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code.
Advances by private parties; repayment— Section 11 of the Act of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed.
Sec. 1167 Costs in excess of Federal participation limit
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), as amended by this Act, is further amended by inserting “, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount” before the period at the end.
Sec. 1168 Disposition of projects
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.
Disposition study transparency— The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by—
providing opportunities for public input; and
publishing the final disposition studies.
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, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal.
Sec. 1169 Contributed funds for non-Federal reservoir operations
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended by inserting after “authorized purposes of the project:” the following: “Provided further, That the Secretary is authorized to receive and expend funds from 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 control or navigation pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709):”.
Sec. 1170 Watercraft inspection stations
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—
by amending subsection (b) to read as follows:
“(b) Authorization of appropriations
“(1) In general—There is authorized to be appropriated to carry out this section $110,000,000 for each fiscal year, of which—
“(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i);
“(B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); and
“(C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii).
“(2) Control operations—Any funds made available under paragraph (1) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds.”
in subsection (d)—
by amending paragraph (1) to read as follows:
“(1) In general
“(A) Watercraft inspection stations—In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection stations—
“(i) to protect the Columbia River Basin;
“(ii) to protect the Upper Missouri River Basin; and
“(iii) to protect the Upper Colorado River Basin and the South Platte and Arizona River Basins.
“(B) Locations—The Secretary shall establish watercraft inspection stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary, as determined by the Secretary in consultation with States within the areas described in subparagraph (A).
“(C) Rapid response—The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.”
by amending paragraph (3)(A) to read as follows:
“(A) the Governors of the States within the areas described in each of clauses (i) through (iii) of paragraph (1)(A), as applicable;”
Sec. 1171 Restricted areas at Corps of Engineers dams
Section 2 of the Freedom to Fish Act (Public Law 113–13; 127 Stat. 449, 128 Stat. 1271) is amended by striking “4 years after the date of enactment of the Water Resources Reform and Development Act of 2014” each place it appears and inserting “5 years after the date of enactment of the Water Resources Development Act of 2018”.
Sec. 1172 Coastal erosion
In general— Pursuant to section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall, to the maximum extent practicable, complete operation and maintenance renourishment to mitigate coastal erosion attributed to Federal project structures in the upper northeast United States.
Project selection— In carrying out the work under subsection (a), the Secretary shall—
identify and carry out not more than five projects—
located in any of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, or New York; and
for which a feasibility study has been completed by December 31, 2019, that includes findings that a Federal project structure is interrupting the natural flow of sediment and causing coastal erosion; and
consult with relevant State agencies in selecting projects.
Sec. 1173 Prohibition on surplus water fees, Lake Cumberland Watershed, Kentucky and Tennessee
In general— The Secretary shall not charge a fee for surplus water under a contract entered into pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708), if the contract is for surplus water stored in the Lake Cumberland Watershed, Kentucky and Tennessee.
Termination— The limitation under subsection (a) shall expire on the date that is 2 years after the date of enactment of this Act.
Applicability— Nothing in this section—
affects the authority of the Secretary under section 2695 of title 10, United States Code, to accept funds or to cover the administrative expenses relating to certain real property transactions;
affects the application of section 6 of the Act of December 22, 1944 (33 U.S.C. 708) or section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored outside of the Lake Cumberland Watershed, Kentucky and Tennessee; or
affects the authority of the Secretary to accept funds under section 216(c) of the Water Resources Development Act of 1996 (33 U.S.C. 2321a(c)).
Sec. 1174 Middle Rio Grande peak flow restoration
Restarting of temporary deviation— Subject to subsection (b), the Secretary shall restart the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam, that was initiated in 2009 and terminated in 2013, to continue to evaluate the effects of the deviation.
Approval and consultation— Before restarting the temporary deviation under subsection (a), the Secretary shall, as required under the applicable water control manuals—
first obtain approval from—
Pueblo de Cochiti;
Pueblo of Santa Ana; and
the Rio Grande Compact Commission established by the compact approved by Congress under the Act of May 31, 1939 (53 Stat. 785, chapter 155); and
to the maximum extent practicable, consult with the existing Cochiti Lake Environmental Resources Team, which includes other Federal agencies and landowners in the region.
Sunset— The authority to conduct the temporary deviation described in subsection (a) shall terminate on the date that is 5 years after the date on which the Secretary restarts the temporary deviation under such subsection.
Sec. 1175 Prohibition of administrative fees in implementing Rough River Lake Flowage Easement Encroachment Resolution Plan
Definitions— In this section:
Eligible property owner— The term eligible property owner means the owner of a property—
described in Scenario A, B, C, or D in the Plan; or
that consists of vacant land located above 534 feet mean sea level that is encumbered by a Rough River Lake flowage easement; and
for which the Rough River Lake flowage easement is not required to address backwater effects.
Plan— The term Plan means the Rough River Lake Flowage Easement Encroachment Resolution Plan of the Corps of Engineers, dated January 2017.
Prohibition on assessing administrative fees— Notwithstanding any other provision of law, in carrying out the Plan, the Secretary may not impose on or collect from any eligible property owner any administrative fee, including—
a fee to pay the costs to the Corps of Engineers of processing requests to resolve encroachments under the Plan;
fees for deed drafting and surveying; and
any other administrative cost incurred by the Corps of Engineers in implementing the Plan.
Refund of administrative fees— In the case of an eligible property owner who has paid any administrative fees described in paragraphs (1) through (3) of subsection (b) to the Corps of Engineers, the Corps of Engineers shall refund those fees on request of the eligible property owner.
Savings provision— Nothing in this section affects the responsibility or authority of the Secretary to continue carrying out the Plan, including any work necessary to extinguish the flowage easement of the United States with respect to the property of any eligible property owner.
Sec. 1176 Preconstruction engineering design demonstration program
Definition of environmental impact statement— In this section, the term “environmental impact statement” means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Demonstration program— The Secretary shall establish a demonstration program to allow a project authorized to execute pursuant to section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193)) to begin preconstruction engineering and design on a determination by the Secretary that the project is technically feasible, economically justified, and environmentally acceptable.
Requirements— For each project authorized to begin preconstruction engineering and design under subsection (b)—
the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary; and
the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project.
Secretary review of potential adverse impacts— When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretary’s determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283).
Sunset— The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act.
Savings provision— Nothing in this section supersedes, precludes, or affects any applicable requirements for a project under subsection (b) under—
section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
B Studies and Reports
Sec. 1201 Authorization of proposed feasibility studies
The Secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes, as identified in the reports titled “Report to Congress on Future Water Resources Development” submitted to Congress on March 17, 2017, and February 5, 2018, respectively, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress:
Cave Buttes Dam, Arizona— Project for flood risk management, Phoenix, Arizona.
San Diego River, California— Project for flood risk management, navigation, and ecosystem restoration, San Diego, California.
J. Bennett Johnston Waterway, Louisiana— Project for navigation, J. Bennett Johnston Waterway, Louisiana.
Northshore, Louisiana— Project for flood risk management, St. Tammany Parish, Louisiana.
Ouachita-Black Rivers, Louisiana— Project for navigation, Little River, Louisiana.
Chautauqua Lake, New York— Project for ecosystem restoration and flood risk management, Chautauqua, New York.
Trinity River and Tributaries, Texas— Project for navigation, Liberty, Texas.
West Cell Levee, Texas— Project for flood risk management, Irving, Texas.
Coastal Virginia, Virginia— Project for flood risk management, ecosystem restoration, and navigation, Coastal Virginia.
Tangier Island, Virginia— Project for flood risk management and ecosystem restoration, Tangier Island, Virginia.
Sec. 1202 Additional studies
Lower Mississippi River; Missouri, Kentucky, Tennessee, Arkansas, Mississippi, and Louisiana—
In general— The Secretary is authorized to carry out studies to determine the feasibility of habitat restoration for each of the eight reaches identified as priorities in the report prepared by the Secretary pursuant to section 402 of the Water Resources Development Act of 2000, titled “Lower Mississippi River Resource Assessment; Final Assessment In Response to Section 402 of WRDA 2000” and dated July 2015.
Consultation— The Secretary shall consult with the Lower Mississippi River Conservation Committee during each feasibility study carried out under paragraph (1).
St. Louis Riverfront, Meramec River Basin, Missouri and Illinois—
In general— The Secretary is authorized to carry out studies to determine the feasibility of a project for ecosystem restoration and flood risk management in Madison, St. Clair, and Monroe Counties, Illinois, St. Louis City, and St. Louis, Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, Dent, Washington, Iron, St. Francois, St. Genevieve, Osage, Reynolds, and Texas Counties, Missouri.
Continuation of existing study— Any study carried out under paragraph (1) shall be considered a continuation of the study being carried out under Committee Resolution 2642 of the Committee on Transportation and Infrastructure of the House of Representatives, adopted June 21, 2000.
Sec. 1203 Expedited completion
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:
Project for riverbank stabilization, Selma, Alabama.
Project for ecosystem restoration, Three Mile Creek, Alabama.
Project for navigation, Nome, Alaska.
Project for flood diversion, Seward, Alaska.
Project for flood control, water conservation, and related purposes, Coyote Valley Dam, California.
Project for flood risk management, Lower Cache Creek, California.
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).
Project for flood risk management, South San Francisco, California.
Project for flood risk management and ecosystem restoration, Tijuana River, California.
Project for flood damage reduction, Westminster-East Garden Grove, California.
Project for flood risk management in East Hartford, Connecticut.
Project for flood risk management in Hartford, Connecticut.
Projects under the Comprehensive Flood Mitigation Study for the Delaware River Basin.
Project for ecosystem restoration, Lake Apopka, Florida.
Project for ecosystem restoration, Kansas River Weir, Kansas.
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).
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).
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).
Project for flood damage reduction and ecosystem restoration, St. Tammany Parish, Louisiana.
Project for ecosystem restoration, Warren Glen Dam Removal, Musconetcong River, New Jersey.
Project for flood risk management, Rahway River Basin, New Jersey.
The Hudson-Raritan Estuary Comprehensive Restoration Project, New Jersey and New York.
Project for flood control and water supply, Abiquiu Dam, New Mexico.
Project for reformulation, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, Queens, New York.
Project for navigation, New York-New Jersey Harbor and Tributaries Focus Area.
Project for water resource improvements, Willamette River Basin, Fern Ridge, Oregon.
Project for coastal storm risk management, Pawcatuck River, Rhode Island.
Project for the Rhode Island historical structure flood hazard vulnerability assessment.
Project for coastal storm risk management, Norfolk, Virginia.
Project for navigation, Tacoma Harbor, Washington.
Lower San Joaquin River, California— In expediting completion of the second phase of the Lower San Joaquin River feasibility study under subsection (a)(7), 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.
Hudson-Raritan Estuary Comprehensive Restoration Project, New Jersey and New York— In the case of a recommendation for restoration activities within the Jamaica Bay Unit of the Hudson-Raritan Estuary Comprehensive Restoration Project, New Jersey and New York, under subsection (a)(22), which are to protect property under the jurisdiction of the National Park Service, the Secretary may recommend to Congress that the Secretary accept and expend funds from the National Park Service to carry out such activities.
Post-Authorization change report— The Secretary shall expedite completion of a post-authorization change report for the project for flood risk management, San Luis Rey River Flood Control Protection Project, California.
Huntingdon County, Pennsylvania—
In general— The Secretary shall expedite the updating of the master plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182).
Process— In carrying out subsection (a), the Secretary shall update the master plan in accordance with section 1309(a)(2) of the Water Resources Development Act of 2016 (Public Law 114–322; 130 Stat. 1693).
Upper Missouri River Basin flood and drought monitoring— The Secretary shall expedite activities authorized under section 4003(a) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1311, 130 Stat. 1677).
Project modifications for improvement of environment— For fiscal years 2019 and 2020, the Secretary shall give priority to projects that restore degraded ecosystems through modification of existing flood risk management projects for projects—
authorized under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); and
located within the Upper Missouri River Basin.
Expedited Completion of Certain Projects— It is the sense of Congress that the Secretary should provide funding for, and expedite the completion of, the following projects:
West Haven, Connecticut, as authorized by section 101 of the River and Harbor Act of 1954 (68 Stat. 1254) and section 3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g).
Providence River, Rhode Island, as authorized by the first section of the Act of August 26, 1937 (50 Stat. 845, chapter 832) and section 301 of the River and Harbor Act of 1965 (79 Stat. 1089).
Morganza to the Gulf, Louisiana, as authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1368).
Louisiana Coastal Area, Louisiana, as authorized by section 7002(5) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1369).
Louisiana Coastal Area–Barataria Basin Barrier, Louisiana, as authorized by section 7002(5) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1370).
West Shore Lake Pontchartrain, Louisiana, as authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1712).
Southwest Coastal Louisiana, Louisiana, as authorized by section 1401(8) of the Water Resources Development Act of 2016 (130 Stat. 1715).
West Thompson Lake, Connecticut, as authorized by section 203 of the Flood Control Act of 1960 (74 Stat. 489).
Sec. 1204 GAO study on benefit-cost analysis reforms
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
conduct a study on the benefit-cost procedures of the Secretary and the Director of the Office of Management and Budget (referred to in this section as the “Director”), including—
an examination of the benefits and costs that the Secretary and the Director do and do not include in the benefit-cost calculation, including, at a minimum, local and regional economic benefits; and
a review of the calculation, if any, of navigation benefits used in a benefit-cost calculation for a non-commercial harbor that is used by a State maritime academy (as defined in section 51102 of title 46, United States Code) for military training purposes; and
submit to Congress a report that—
describes the results of the study under paragraph (1); and
includes recommendations for legislative or regulatory changes to improve the benefit-cost analysis procedures of the Secretary and the Director.
Sec. 1205 Harbor Maintenance Trust Fund report
Deadline— Not later than 180 days after enactment of this Act, the Secretary shall submit reports under section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) and section 330 of the Water Resources Development Act of 1992 (26 U.S.C. 9505 note; Public Law 102–580) to the Committee on Transportation and Infrastructure of the House of Representatives and to the Committee on Environment and Public Works of the Senate.
Additional information— For each report described in subsection (a) that is submitted after the date of enactment of this Act, the Secretary shall include, on a project-by-project basis, additional information identifying—
the most recent fiscal year for which operations and maintenance activities have been carried out and the cost of those activities; and
the operations and maintenance activities that were performed through either a recommendation from Congress or unspecified funds made available for ongoing work.
Availability— The Secretary shall make publicly available all reports described in subsection (a) submitted before, on, or after the date of enactment of this Act.
Sec. 1206 Identification of nonpowered dams for hydropower development
In general— Not later than 18 months after the date of enactment of this section, the Secretary shall develop a list of existing nonpowered dams owned and operated by the Corps of Engineers that have the greatest potential for hydropower development.
Considerations— In developing the list under subsection (a), the Secretary may consider the following:
The compatibility of hydropower generation with existing purposes of the dam.
The proximity of the dam to existing transmission resources.
The existence of studies to characterize environmental, cultural, and historic resources relating to the dam.
Whether hydropower is an authorized purpose of the dam.
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. 1207 Study on innovative ports for offshore wind development
Definition of innovative port for offshore wind development— In this section, the term innovative port for offshore wind development includes any federally authorized port or harbor that can accommodate (including through retrofitting)—
the upright assembly of the majority of an offshore wind facility, including the foundation, tower, turbine, blade, and electrical components;
an assembly area, ground-bearing pressure, and overhead clearance for the assembly of offshore wind facility turbines, which each have a capacity of up to 20 megawatts;
a heavy-lift quay and not less than 25 acres of port storage;
innovative offshore wind facility and vessel technologies that allow for the rapid installation of an offshore wind facility; and
any other innovative offshore wind facility technology, as determined by the Secretary.
Study and report—
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
in consultation with the all appropriate Federal agencies, carry out a study of all federally authorized ports and harbors, including in the Mid-Atlantic, Gulf Coast, West Coast, Great Lakes, and New England regions of the United States, to identify—
not less than three suitable federally authorized ports and harbors in those regions that could become innovative ports for offshore wind development;
barriers to the development of innovative ports for offshore wind development;
the Federal and State actions, including dredging and construction of supporting infrastructure, needed to facilitate the development of the federally authorized ports and harbors identified under clause (i) to become innovative ports for offshore wind development; and
recommendations on any further research needed to improve federally authorized ports and harbors in the United States for offshore wind facility development and deployment; and
submit to Congress a report describing the results of the study under subparagraph (A).
Consultation— In carrying out the study under paragraph (1), the Secretary shall consult with, at a minimum—
the Governor of each State in which a port or harbor was identified;
affected port authorities;
units of local government; and
relevant experts in engineering, environment, and industry considerations.
Sec. 1208 Innovative materials and advanced technologies report
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, and similar facilities and organizations relating to the testing, research, development, identification, and recommended uses for innovative materials and advanced technologies, including construction management technologies, in water resources development projects; and
provides recommendations for types of water resources development projects in which innovative materials and advanced technologies should be used.
Sec. 1209 Study and report on expediting certain waiver processes
Not later than 1 year after the date of enactment of this Act, the Secretary shall complete and 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 based on the results of a study on the best options available to the Secretary to implement the waiver process for the non-Federal cost share under section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2851).
Sec. 1210 Report on debris removal
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report that describes—
the extent to which the Secretary has carried out section 3 of the Act of March 2, 1945 (33 U.S.C. 603a); and
how the Secretary has evaluated potential work to be carried out under that section.
Sec. 1211 Corps flood policy within urban areas
Not later than 1 year after the date of enactment of this Act, the Secretary shall 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—
flooding within urban floodplains; and
the Federal policy constraints on the ability of the Secretary to address urban flooding, including the regulations under part 238 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act) (including the limitation under section 238.7(a)(1) of that title that allows the Secretary to provide assistance only where the flood discharge of a stream or waterway within an urban area is greater than 800 cubic feet per second for the 10-percent flood).
Sec. 1212 Feasibility studies for mitigation of damage
Not later than 1 year 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 that identifies—
feasibility studies that are incomplete as of the date of enactment of this Act for a project for mitigation of damage to an area affected by weather or other events for which—
during the 8-year period ending on the date of enactment of this Act—
the Secretary provided emergency response under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n); or
the area received assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
there is significant risk for future similar events (as determined by the Secretary); and
for each feasibility study identified under paragraph (1), impediments to completing the study.
Sec. 1213 Applications of military leasing authorities
Not later than 2 years after the date of enactment of this Act, the Secretary shall—
complete a study on the application of section 2667 of title 10, United States Code, enhanced use leasing authorities, and other military leasing authorities to the civil works program of the Secretary; and
submit to Congress a report on the results of the study under paragraph (1), including a description of the obstacles that must be removed so that the Assistant Secretary of the Army for Civil Works may implement the authorities.
Sec. 1214 Community engagement
Report— Not later than 2 years after the date of enactment of this section, 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 any potential disproportionate and adverse health or environmental effects of programs, policies, and activities of the Corps of Engineers related to water resources development projects on minority communities, low-income communities, rural communities, and Indian Tribes.
Consultation— In preparing the report under subsection (a), the Secretary shall provide public and private meetings with representatives of minority communities, low-income communities, rural communities, and Indian Tribes, as well as representatives of State and local governments, and shall ensure that sufficient meetings are held in different geographic regions of the United States to ensure that a diversity of views are obtained.
Recommendations— The report submitted under subsection (a) shall include—
the identification of any disproportionate and adverse health or environmental effects to the communities and Tribes; and
any recommendations of the Secretary for addressing such effects, including recommended changes to the statutory or regulatory authorities of the Corps of Engineers, or changes to the policies or guidance of the Corps of Engineers.
Sec. 1215 Transparency in administrative expenses
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. 1216 Assessment of harbors and inland harbors
Section 210(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—
in paragraph (1), by striking “shall assess the” and inserting “shall assess, and issue a report to Congress on, the”; and
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).”
Sec. 1217 Maintenance of high-risk flood control projects
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—
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
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.
Report— Not later than 90 days after completion of the assessment under subsection (a), 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 summarizing the results of the assessment.
Sec. 1218 North Atlantic Division report on hurricane barriers and harbors of refuge
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with State and local experts in the North Atlantic Division of the Corps of Engineers, shall submit to 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 durability and resiliency of existing hurricane barriers and harbors of refuge in the North Atlantic Division, giving particular consideration as to how such barriers and harbors will survive and fully serve their planned levels of protection under current, near, and longer term future predicted sea levels, storm surges, and storm strengths.
Sec. 1219 Great Lakes coastal resiliency study
In general— The Secretary shall carry out a comprehensive assessment of the water resources needs of the Great Lakes System under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
Cooperation— In carrying out the assessment pursuant to subsection (a), the Secretary shall cooperate with stakeholders and coordinate with all ongoing programs and projects of the Great Lakes Restoration Initiative under section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268).
Definitions— The term Great Lakes System has the meaning given such term in section 118(a) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)).
Sec. 1220 McMicken Dam, Arizona, and Muddy River, Massachusetts
Report— The Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment on Public Works of the Senate on the status of—
the project at McMicken Dam, Arizona, authorized by section 304 of the Act of August 7, 1953 (67 Stat. 450); and
the project for flood damage reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by section 522 of the Water Resources Development Act of 2000 (114 Stat. 2656).
Requirements— The report under subsection (a) shall include a description of the reasons of the Secretary for deauthorizing the projects described in subsection (a).
Sec. 1221 Table Rock Lake, Arkansas and Missouri
Not later than 120 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 implementation of section 1185(c) of the Water Resources Development Act of 2016 (130 Stat. 1680).
Sec. 1222 Forecast-informed reservoir operations
Report on forecast-Informed reservoir operations— Not later than 1 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.
Contents of report— The Secretary shall include in the report issued under subsection (a)—
an analysis of the use of forecast-informed reservoir operations at Coyote Valley Dam, California;
an assessment of the viability of using forecast-informed reservoir operations at other dams owned or operated by the Secretary;
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
any additional areas for future study of forecast-informed reservoir operations.
Sec. 1223 Cedar River, Iowa
Not later than 90 days after the date of enactment of this Act, the Secretary shall complete and 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 summarizing the path forward and timeline to implement the project for flood risk management at Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366).
Sec. 1224 Old River control structure, Louisiana
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—
flood control;
navigational conditions;
water supply;
ecosystem restoration and ecological productivity; and
hydroelectric production.
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. 1225 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 shall expedite completion of such study and shall produce a report on the Upper St. Anthony Falls Lock and Dam that is separate from any report on any other lock or dam included in such study that includes plans for—
“(1) 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;
“(2) 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; and
“(3) expediting the disposition described in this subsection.
“(e) Contributed funds—The Secretary shall accept and expend funds to carry out the study described in subsection (d) that are contributed by a State or a political subdivision of a State under the Act of October 15, 1940 (33 U.S.C. 701h–1).”
Sec. 1226 Missouri River
IRC report— Not later than 18 months 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 regarding the impacts of interception-rearing complex construction on the navigation, flood control, and other authorized purposes set forth in the Missouri River Master Manual, and on the population recovery of the pallid sturgeon.
No additional IRC construction— Until the report under subsection (a) is submitted, no additional interception-rearing complex construction is authorized.
Sec. 1227 Lower Missouri River bank stabilization and navigation
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 function and reliability of the Lower Missouri River bank stabilization and navigation project, authorized by the first section of the Act of July 25, 1912 (37 Stat. 219, chapter 253).
Considerations and coordination— In developing the report required under subsection (a), the Secretary shall—
consider recommended improvements to the project described in such subsection and current and future flood risks; and
coordinate with State and local governments and affected stakeholders.
Sec. 1228 Coastal Texas study
The Secretary shall expedite the completion of studies for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in the coastal areas of Texas that are identified in the interim report due to be published in 2018 that describes the tentatively selected plan developed in accordance with section 4091 of the Water Resources Development Act of 2007 (121 Stat. 1187).
Sec. 1229 Report on water supply contract, Wright Patman Lake, Texas
Not later than June 30, 2019, 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 status of the implementation of the water supply contract, Department of the Army, Civil Works Contract No. 29–68–A–0130, at Wright Patman Lake, Texas, that—
describes the implementation of that contract at Wright Patman Lake; and
identifies—
the activities that the Secretary expects to be necessary to complete the execution of the contract;
the expected completion date for each activity identified under subparagraph (A); and
the expected date of completion of the execution of the contract.
C Deauthorizations, Modifications, and Related Provisions
Sec. 1301 Deauthorization of inactive projects
Purposes— The purposes of this section are—
to identify $4,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to—
a lack of local support;
a lack of available Federal or non-Federal resources; or
an authorizing purpose that is no longer relevant or feasible;
to create an expedited and definitive process for Congress to deauthorize water resources development projects that are no longer viable for construction; and
to allow the continued authorization of water resources development projects that are viable for construction.
Interim deauthorization list—
In general— The Secretary shall develop an interim deauthorization list that identifies—
each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—
planning, design, or construction was not initiated before the date of enactment of this Act; or
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;
each project or separable element of a project 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
any project or separable element of a project for which the non-Federal sponsor of such project or separable element submits a request for inclusion on the list.
Public comment and consultation—
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).
Comment period— The public comment period shall be 90 days.
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—
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
publish the revised interim deauthorization list in the Federal Register.
Final deauthorization list—
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).
Deauthorization amount—
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 $4,000,000,000.
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.
Identification of projects—
Sequencing of projects—
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).
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.
Consideration of public comments— In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(2).
Appendix— The Secretary shall include as part of the proposed final deauthorization list an appendix that—
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
describes the reasons why the project or separable element is not included on the proposed final list.
Public comment and consultation—
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).
Comment period— The public comment period shall be 90 days.
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—
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
publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register.
Deauthorization; congressional review—
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.
Non-federal contributions—
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.
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).
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.
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.
General provisions—
Definitions— In this section, the following definitions apply:
Post-authorization study— The term post-authorization study means—
a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282);
a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or
a review conducted under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), including an initial appraisal that—
demonstrates a Federal interest; and
requires additional analysis for the project or separable element.
Water resources development project— The term water resources development project includes an environmental infrastructure assistance project or program of the Corps of Engineers.
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. 1302 Backlog prevention
Project deauthorization—
In general— A water resources development project authorized for construction by this Act shall not be authorized after the last day of the 10-year period beginning on the date of enactment of this Act unless—
funds have been obligated for construction of, or a post-authorization study for, such project or such separable element during such period; or
a subsequent Act of Congress modifies the authorization contained in this Act.
Identification of projects— Not later than 60 days after the expiration of the 10-year period described in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1).
Report to Congress— Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make available to the public, a report that contains—
a list of any water resources development projects authorized by this Act for which construction has not been completed;
a description of the reasons each project was not completed;
a schedule for the completion of the projects based on expected levels of appropriations;
a 5-year and 10-year projection of construction backlog; and
any recommendations to Congress regarding how to mitigate the backlog.
Sec. 1303 Project modifications
Consistency with reports— Congress finds that the project modifications described in this section are in accordance with the reports submitted to Congress by the Secretary under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled “Report to Congress on Future Water Resources Development”, or have otherwise been reviewed by Congress.
Modifications—
Harbor/South Bay, California— Section 219(f)(43) of the Water Resources Development Act of 1992 (113 Stat. 337; 114 Stat. 2763A–220) is amended by striking “$35,000,000” and inserting “$70,000,000”.
Lakes Marion and Moultrie, South Carolina— Section 219(f)(25) of the Water Resources Development Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 1677) is amended by striking “$60,000,000” and inserting “$89,550,000”.
Sec. 1304 Lytle and Cajon Creeks, California
That portion of the channel improvement project, Lytle and Cajon Creeks, California, authorized to be carried out as a part of the project for the Santa Ana River Basin, California, by the Act of December 22, 1944 (Chapter 665; 58 Stat. 900) that consists of five earth-filled groins commonly referred to as “the Riverside Avenue groins” is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Sec. 1305 Yuba River Basin, California
In general— The project for flood damage reduction, Yuba River Basin, California, authorized by section 101(a)(10) of the Water Resources Development Act of 1999 (113 Stat. 275) is modified to allow a non-Federal interest to construct a new levee to connect the existing levee with high ground.
Project description— The levee to be constructed shall tie into the existing levee at a point N2186189.2438, E6703908.8657, thence running east and south along a path to be determined to a point N2187849.4328, E6719262.0164.
Cooperation agreement— The Secretary shall execute a conforming amendment to the Memorandum of Understanding Respecting the Sacramento River Flood Control Project with the State of California dated November 30, 1953, that is limited to changing the description of the project to reflect the modification.
No Federal cost—
Review costs— Before construction of the levee described in subsection (b), the Secretary may accept and expend funds received from a non-Federal interest to review the planning, engineering, and design of the levee described in subsection (b) to ensure that such planning, engineering, and design complies with Federal standards.
Non-Federal share— The non-Federal share of the cost of constructing the levee shall be 100 percent.
Sec. 1306 Bridgeport Harbor, Connecticut
That portion of the project for navigation, Bridgeport Harbor, Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 158), and modified by the Act of August 11, 1888 (25 Stat. 401), the Act of March 3, 1899 (30 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), and the Act of July 3, 1930 (46 Stat. 919), and lying upstream of a line commencing at point N627942.09, E879709.18 thence running southwesterly about 125 feet to a point N627832.03, E879649.91 is no longer authorized beginning on the date of enactment of this Act.
Sec. 1307 Delaware River navigation project
Section 1131(3) of the Water Resources Development Act of 1986 (100 Stat. 4246) is amended by striking “ten feet” and inserting “35 feet”.
Sec. 1308 Comprehensive Everglades restoration plan, Central and Southern Florida, Everglades Agricultural Area, Florida
Authorization— Subject to subsection (b), the Secretary is authorized to carry out the project for ecosystem restoration, Central and Southern Florida, Everglades Agricultural Area, Florida, in accordance with section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), as recommended in the addendum to the Central Everglades Planning Project Post Authorization Change Report, Feasibility Study and Draft Environmental Impact Statement prepared by the South Florida Water Management District and dated May 2018, with such modifications as the Secretary considers appropriate.
Requirement—
In general— The project authorized by subsection (a) may be constructed only after the Secretary prepares a report that addresses the concerns, recommendations, and conditions identified by the Secretary in the review assessment titled “Review Assessment of South Florida Water Management District’s Central Everglades Planning Project, Section 203 Post Authorization Change Report, Integrated Feasibility Study and DRAFT Environmental Impact Statement (March 2018, Amended May 2018)” and dated May 2018.
Expedited completion— The Secretary shall expedite the completion of the report under paragraph (1) and shall complete such report not later than 90 days after the date of enactment of this section.
Consultation— In reviewing the report identified in subsection (a), and completing the report identified in subsection (b), the Secretary shall consult with the South Florida Water Management District on any project modifications.
Consideration— Nothing in this section shall be construed to delay the design, construction, and implementation of components and features of the project for ecosystem restoration, Central Everglades, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), that are not directly affected by the project authorized by subsection (a).
Sec. 1309 Kissimmee River restoration, Florida
The Secretary may credit work performed or to be performed by the non-Federal sponsor of the project for ecosystem restoration, Kissimmee River, Florida, authorized by section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802), as an in-kind contribution under section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)), in accordance with the report of the Director of Civil Works relating to the Central and Southern Florida Project, Kissimmee River Restoration Project, dated April 27, 2018, subject to the availability of appropriations for any payments due, if the Secretary determines that the work was carried out in accordance with the requirements of subchapter 4 of chapter 31, and chapter 37, of title 40, United States Code.
Sec. 1310 Levee L–212, Four River Basin, Ocklawaha River, Florida
The portions of the project for flood control and other purposes, Four River Basins, Florida, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), consisting of levee L–212 along the Ocklawaha River, Florida, are no longer authorized beginning on the date of enactment of this Act.
Sec. 1311 Green River and Barren River Locks and Dams, Kentucky
Section 1315 of the Water Resources Development Act of 2016 (130 Stat. 1698) is amended—
in subsection (b)—
in paragraph (3)—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
in the matter preceding clause (i) (as so redesignated), by striking “The Secretary” and inserting the following:
“(A) In general—The Secretary”
by adding at the end the following:
“(B) Use of funds—If the Secretary determines that removal of Lock and Dam 5 or a portion of Lock and Dam 5 is necessary before the conveyance under subparagraph (A), the Secretary—
“(i) shall proceed with that removal; and
“(ii) to carry out that removal—
“(I) may use appropriated funds or accept and use funds contributed by entities described in that subparagraph; and
“(II) may work with entities described in that subparagraph.”
in paragraph (5)—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
in the matter preceding clause (i) (as so redesignated), by striking “The Secretary” and inserting the following:
“(A) In general—The Secretary”
by adding at the end the following:
“(B) Use of funds—If the Secretary determines that removal of Lock and Dam 1 or a portion of Lock and Dam 1 is necessary before the conveyance under subparagraph (A), the Secretary—
“(i) shall proceed with that removal; and
“(ii) to carry out that removal—
“(I) may use appropriated funds or accept and use funds contributed by entities described in that subparagraph; and
“(II) may work with entities described in that subparagraph.”
in subsection (c), by adding at the end the following:
“(5) Removal costs—In carrying out this section, if the Secretary determines that removal of a Lock and Dam (or a portion of a Lock and Dam) described in this section is necessary, any Federal costs of that removal shall be subject to the availability of appropriations.”
Sec. 1312 Cape Arundel Disposal Site, Maine
The Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) shall remain available for use until December 31, 2021.
Sec. 1313 Penobscot River, Maine
Beginning on the date of enactment of this Act, the project for navigation, Penobscot River, Maine, authorized by the River and Harbor Appropriations Acts of July 5, 1884 (23 Stat. 133), August 11, 1888 (25 Stat. 408), July 31, 1892 (27 Stat. 96), and March 2, 1907 (Public Law 59–168; 34 Stat. 1074), is modified as follows:
The portion of the 14-foot deep channel located between Bangor and Brewer, Maine, approximately 135,784 square feet in area, starting at a point with coordinates N410451.89, E913370.08, thence running N34°05’52.6”E about 815.4 feet to a point with coordinates N411127.11, E913827.20, thence running N52°41’55.33”E about 143.06 feet to a point with coordinates N411213.81, E913941.00, thence running N27°04’01”E about 1068.73 feet to a point with coordinates N412165.48, E914427.30, thence running S62°55’59.79”E about 450 feet to a point with coordinates N411960.72, E914828.01, thence running S27°04’01”W about 246.99 feet to a point with coordinates N411740.78, E914715.62, thence running N43°45’41.8”W about 444.66 feet to a point with coordinates N412061.92, E914408.07, thence running S27°04’01”W about 946.62 feet to a point with coordinates N411218.97, E913977.33, thence running S38°21’58.9”W about 978.35 feet to the point of origin, is no longer authorized.
The portion of the 14-foot deep channel, approximately 121,875 square feet in area, starting at a point with coordinates N410670.99, E914168.96, thence running N62°55’59”W about 100 feet to a point with coordinates N410716.49, E914079.92, thence running N27°04’01”E about 1236.13 feet to a point with coordinates N411817.24, E914642.40, thence running S43°45’41.8”E about 105.87 feet to a point with coordinates N411740.78, E914715.62, thence running S27°04’01”W about 1201.37 feet to the point of origin, is redesignated as a 100-foot wide and 14-foot deep anchorage area.
The portion of the 14-foot deep channel, approximately 304,058 square feet in area, starting at a point with coordinates N410761.99. E913990.87, thence running N62°55’59”W about 300.08 feet to a point with coordinates N410898.54, E913723.66, thence running N38°21’58.9”E about 408.69 feet to a point with coordinates N411218.97, E913977.33, thence running N27°04’01”E about 946.62 feet to a point with coordinates N412061.92, E914408.07, thence running S43°45’41.8”E about 232.92 feet to a point with coordinates N411893.70, E914569.17, thence running S27°04’01”W about 1270.9 feet to the point of origin, is redesignated as a 14-foot deep anchorage area of a width varying from 220 to 300.08 feet.
Sec. 1314 Boston harbor reserved channel deauthorizations
40–Foot reserved channel—
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.
Areas described—
First area— The first areas described in this paragraph are—
beginning at a point N2950154.45, E785995.64;
running southwesterly about 1451.63 feet to a point N2950113.83, E784544.58;
running southeasterly about 54.00 feet to a point N2950059.85, E784546.09;
running southwesterly about 1335.82 feet to a point N2950022.48, E783210.79;
running northwesterly about 83.00 feet to a point N2950105.44, E783208.47;
running northeasterly about 2787.45 feet to a point N2950183.44, E785994.83; and
running southeasterly about 29.00 feet to the point described in clause (i).
Second area— The second areas described in this paragraph are—
beginning at a point N2950502.86, E785540.84;
running northeasterly about 46.11 feet to a point N2950504.16, E785586.94;
running southwesterly about 25.67 feet to a point N2950480.84, E785576.18;
running southwesterly to a point N2950414.32, E783199.83;
running northwesterly about 8.00 feet to a point N2950422.32, E783199.60;
running northeasterly about 2342.58 feet to a point N2950487.87, E785541.26; and
running northwesterly about 15.00 feet to the point described in clause (i).
35–Foot reserved channel—
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.
Areas described—
First area— The first areas described in this paragraph are—
beginning at a point N2950143.44, E787532.14;
running southeasterly about 22.21 feet to a point N2950128.91, E787548.93;
running southwesterly about 4,339.42 feet to a point N2950007.48, E783211.21;
running northwesterly about 15.00 feet to a point N2950022.48, E783210.79; and
running northeasterly about 4,323.05 feet to the point described in clause (i).
Second area— The second areas described in this paragraph are—
beginning at a point N2950502.86, E785540.84;
running southeasterly about 15.00 feet to a point N2950487.87, E785541.26;
running southwesterly about 2342.58 feet to a point N2950422.32, E783199.60;
running southeasterly about 8.00 feet to a point N2950414.32, E783199.83;
running southwesterly about 1339.12 feet to a point N2950376.85, E781861.23;
running northwesterly about 23.00 feet to a point N2950399.84, E781860.59; and
running northeasterly about 3681.70 feet to the point described in clause (i).
Sec. 1315 Corps of Engineers bridge repair program for New England evacuation routes
Subject to the availability of appropriations, the Secretary may repair or replace, as necessary, any bridge owned and operated by the Secretary that is—
located in any of the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, or Vermont; and
necessary for evacuation during an extreme weather event, as determined by the Secretary.
Sec. 1316 Plymouth Harbor, Massachusetts
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. 1317 Portsmouth Harbor and Piscataqua River
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).
Sec. 1318 Missouri River and tributaries at Kansas Cities, Missouri and Kansas
The Secretary shall align the schedules of, and maximize complimentary efforts, minimize duplicative practices, and ensure coordination and information sharing with respect to—
the project for flood damage reduction, Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas, authorized by section 1001(28) of the Water Resources Development Act of 2007 (121 Stat. 1054); and
the project for flood risk management, Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas Citys, Missouri and Kansas, authorized by section 1401(2) of the Water Resources Development Act of 2016 (130 Stat. 1710).
Sec. 1319 Hampton Harbor, New Hampshire, navigation improvement project
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. 1320 Passaic River Federal Navigation Channel, New Jersey
Definition of Passaic River navigation project— In this section, the term Passaic River navigation project means the project for the Passaic River Federal navigation channel, New Jersey, described in the document of the New York District of the Corps of Engineers numbered 207075, entitled “Lower Passaic River Commercial Navigation Analysis”, and dated March 2007, as revised in December 2008 and July 2010.
Deauthorization—
In general— The portion of the Passaic River navigation project described in paragraph (2) is deauthorized.
Description of portion— The portion of the Passaic River navigation project referred to in paragraph (1) is the portion from river mile 1.7 to river mile 15.4, as bounded by—
the coordinates of—
West Longitude 074 10.33047" W;
North Latitude 40 51.99988" N;
East Longitude 074 06.05923" W; and
South Latitude 40 43.2217" N; and
the New Jersey State Plane (US Survey Feet, NAD–83), as follows: Upper Left x731 592941.27 y731 739665.34; Upper Right x731 602477.94 y731 740791.62; Lower Left x731 582974.17 y731 692561.62; Lower Right x731 598345.10 y731 691219.09.
Modification—
In general— The depth of the portion of the Passaic River navigation project described in paragraph (2) is modified from 30 feet to 20 feet (using the Mean Lower Low Water datum).
Description of portion— The portion of the Passaic River navigation project referred to in paragraph (1) is the portion from river mile 0.6 to river mile 1.7, as bounded by—
the coordinates of—
West Longitude 074 07.43471" W;
North Latitude 40 44.32682" N;
East Longitude 074 06.61586" W; and
South Latitude 40 42.39342" N; and
the New Jersey State Plane (US Survey Feet, NAD–83), as follows: Upper Left x731 597440.36 y731 691333.92; Upper Right x731 598345.10 y731 691219.09; Lower Left x731 596416.01 y731 685597.99; Lower Right x731 597351.18 y731 685596.08.
Sec. 1321 Fargo-Moorhead Metropolitan Area Diversion Project, North Dakota
Exemption— Subject to subsections (b) and (c), notwithstanding section 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)(B)(ii)), and any regulations promulgated to carry out that section, beginning on the date of enactment of this Act, any property in the State of North Dakota that was acquired through hazard mitigation assistance provided under section 203 of that Act (42 U.S.C. 5133), section 404 of that Act (42 U.S.C. 5170c), or section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), that was subject to any open space deed restriction is exempt from those restrictions to the extent necessary to complete the Fargo-Moorhead Metropolitan Area Diversion Project authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366).
Conditions— As a condition of the exemption under subsection (a)—
no new or additional structure unrelated to the Project may be erected on the property unless the new or additional structure is in compliance with section 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)(B)(ii)); and
any subsequent use of the land on the property that is unrelated to the Project shall comply with that section.
Disaster assistance prohibited— After the date of enactment of this Act, no disaster assistance from any Federal source may be provided with respect to any improvements made on the property referred to in subsection (a).
Savings provision— Nothing in this section affects the responsibility of any entity to comply with all other applicable laws (including regulations) with respect to the properties described in subsection (a).
Sec. 1322 Clatsop County, Oregon
The portions of the project for raising and improving existing levees of Clatsop County Diking District No. 13, in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1590), that are referred to as Christensen No. 1 Dike No. 42 and Christensen No. 2 Levee No. 43 are no longer authorized beginning on the date of enactment of this Act.
Sec. 1323 Svensen Island, Oregon
The project for flood risk management, Svensen Island, Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 180), is no longer authorized beginning on the date of enactment of this Act.
Sec. 1324 West Tennessee Tributaries project, Tennessee
The unconstructed portions of the West Tennessee tributaries project along the Obion and Forked Deer Rivers, Tennessee, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1178), and modified by section 207 of the Flood Control Act of 1966 (80 Stat. 1423), section 3(a) of the Water Resources Development Act of 1974 (88 Stat. 14), and section 183 of the Water Resources Development Act of 1976 (90 Stat. 2940), are no longer authorized beginning on the date of enactment of this Act.
Sec. 1325 Puget Sound nearshore ecosystem restoration
Sec. 1326 Milwaukee Harbor, Milwaukee, Wisconsin
The portion of the project for navigation, Milwaukee Harbor, Milwaukee, Wisconsin, authorized by the first section of the Act of March 3, 1843 (5 Stat. 619; chapter 85), consisting of the navigation channel within the Menomonee River that extends from the 16th Street Bridge upstream to the upper limit of the authorized navigation channel and described as follows is no longer authorized beginning on the date of enactment of this Act:
Beginning at a point in the channel just downstream of the 16th Street Bridge, N383219.703, E2521152.527.
Thence running westerly along the channel about 2,530.2 feet to a point, N383161.314, E2518620.712.
Thence running westerly by southwesterly along the channel about 591.7 feet to a point at the upstream limit of the existing project, N383080.126, E2518036.371.
Thence running northerly along the upstream limit of the existing project about 80.5 feet to a point, N383159.359, E2518025.363.
Thence running easterly by northeasterly along the channel about 551.2 feet to a point, N383235.185, E2518571.108.
Thence running easterly along the channel about 2,578.9 feet to a point, N383294.677, E2521150.798.
Thence running southerly across the channel about 74.3 feet to the point of origin.
Sec. 1327 Project completion for disaster areas
The Secretary shall expeditiously carry out any project for flood risk management or hurricane and storm damage risk reduction authorized as of the date of enactment of this Act to be carried out by the Secretary in Texas, Florida, Georgia, Louisiana, South Carolina, the Commonwealth of Puerto Rico, or the United States Virgin Islands.
Sec. 1328 Federal assistance
In general— In accordance with the requirements of subsection (b), the Secretary is authorized to provide assistance for the operation and maintenance of a flood risk reduction project in the Red River Basin of the North that was constructed, prior to the date of enactment of this Act, under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
Condition— The Secretary may provide the assistance authorized by subsection (a) for a project that, as determined by the Secretary, becomes permanent due to the extended presence of assistance from the Secretary under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
Termination— The authority to provide assistance under this section terminates on the date that is 4 years after the date of enactment of this section.
Sec. 1329 Expedited initiation
Section 1322(b)(2) of the Water Resources Development Act of 2016 (130 Stat. 1707) is amended, in the matter preceding subparagraph (A), by inserting “or, in a case in which a general reevaluation report for the project is required, if such report has been submitted for approval,” after “completed report,”.
Sec. 1330 Project deauthorization and study extensions
Project deauthorizations— Section 6003(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579c(a)) is amended—
by striking “7-year period” each place it appears and inserting “10-year period”; and
by adding at the end the following:
“(3) Calculation—In calculating the time period under paragraph (1), the Secretary shall not include any period of time during which the project is being reviewed and awaiting determination by the Secretary to implement a locally preferred plan for that project under section 1036(a).
“(4) Exception—The Secretary shall not deauthorize any project during the period described in paragraph (3).”
Study extensions— Section 1001(d)(4) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(d)(4)) is amended by striking “7 years” and inserting “10 years”.
Sec. 1331 Conveyances
Cheatham County, Tennessee—
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.
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under 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.
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.
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.
Nashville, Tennessee—
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.
Conveyance agreement— The Secretary shall convey by quitclaim the real property described in paragraph (1) under the terms and conditions mutually satisfactory to the Secretary and the City. The deed shall provide that in the event that 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 assigns 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.
Locks and dams 1 through 4, Kentucky river, Kentucky—
In general— Beginning on the date of enactment of this Act, commercial navigation at Locks and Dams 1 through 4, Kentucky River, Kentucky, shall no longer be authorized, and the land and improvements associated with the locks and dams shall be disposed of consistent with this subsection and in accordance with the report of the Director of Civil Works entitled “Kentucky River Locks and Dams 1, 2, 3, and 4, Disposition Study and Integrated Environmental Assessment” and dated April 20, 2018.
Disposition— The Secretary shall convey to the State of Kentucky (referred to in this section as the “State”), for the use and benefit of the Kentucky River Authority, all right, title, and interest of the United States, together with any improvements on the land, including improvements located in the Kentucky River, in and to—
Lock and Dam 1, located in Carroll County, Kentucky;
Lock and Dam 2, located in Owen and Henry counties, Kentucky;
Lock and Dam 3, located in Owen and Henry counties, Kentucky; and
Lock and Dam 4, located in Franklin County, Kentucky.
Conditions—
Quitclaim deed— The Secretary shall convey the property described in paragraph (2) by quitclaim deed to such State under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
Administrative costs— The Secretary shall be responsible for all administrative costs associated with a conveyance under this subsection, including the costs of any surveys the Secretary determines to be necessary.
Improvements prohibited—
In general— The Secretary may not improve the locks and dams and land and improvements associated with the locks and dams described in this subsection on or after the date of enactment of this Act.
Savings clause— Nothing in subparagraph (A) prohibits the State from improving the locks and dams and the land and improvements associated with the locks and dams described in this subsection on or after the date of conveyance under this subsection.
Savings clause— If the State does not accept the conveyance under this subsection of the land and improvements associated with the locks and dams described in this subsection, the Secretary may dispose of the land and improvements under subchapter III of chapter 5 of title 40, United States Code.
Bainbridge, Georgia—
In General— On the date of enactment of this Act, the Secretary of the Army shall convey to the City of Bainbridge, Georgia, without consideration and subject to subsection (b), all right, title, and interest in and to real property described in subsection (c).
Terms and Conditions—
In general— The conveyance by the United States under this subsection shall be subject to—
the condition that the City of Bainbridge agrees 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
such other terms and conditions as the Secretary determines to be in the interest of the United States.
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.
Property— The property to be conveyed is composed of the following three parcels of land:
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:
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:
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:
Port of Whitman county, Washington—
Definitions— In this subsection:
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.
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.
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.
Deeds—
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.
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.
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.
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.
Fort Dupont, Delaware—
In general— Subject to paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall transfer—
all right, title, and interest in and to a parcel of land known as that part of the Original Acquisition (OADE) Tract that includes the bed and banks of the Delaware Branch Channel on the north side of the Fifth Street Bridge, Delaware City, Delaware, containing approximately 31.6 acres of land, to the Fort DuPont Redevelopment and Preservation Corporation (herein referred to as “the Grantee”); and
all right, title, and interest in and to the Fifth Street Bridge, together with the land known as that part of the Original Acquisition (OADE) Tract that includes the banks and bed of the Delaware Branch Channel, Delaware City, Delaware, containing approximately 0.27 acres of land, to the State of Delaware.
Conditions—
State approval— Before making a transfer under paragraph (1), the Secretary shall ensure that the Governor of Delaware agrees to the transfer.
Toll-free bridge— Before making a transfer under subparagraph (1)(B), the Governor of Delaware shall agree to ensure that no toll is imposed for use of the bridge referred to in that subsection, in accordance with section 109 of the River and Harbor Act of 1950 (33 U.S.C. 534).
Survey— The exact acreage and legal description of the land to be transferred under paragraph (1) shall be determined by a survey satisfactory to the Secretary and the Governor of Delaware.
Costs— Any administrative costs for the transfer under paragraph (1) shall be paid by Fort DuPont Redevelopment and Preservation Corporation, the State of Delaware, or a combination of those entities.
Consideration— The Grantee shall pay to the Secretary an amount that is not less than the fair market value of the land conveyed to the Grantee under this subsection, as determined by the Secretary.
Tuscaloosa, Alabama— As soon as practicable after the date of enactment of this Act, the Secretary of the Army shall convey by quitclaim deed to the City of Tuscaloosa, Alabama, at fair market value, the lands owned by the United States adjacent to the Black Warrior River on the south side below the U.S. Highway 43 bridge, including the south wall of the Old Oliver Lock, and extending to the Corps’ current recreation area, that the Secretary determines are no longer required for operation and maintenance of the Oliver Lock and Dam.
Generally Applicable Provisions—
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.
Applicability of property screening provisions— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
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.
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.
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. 1332 Report on future water resources development
Programmatic modification— Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(a)) is amended—
in subsection (a) by adding at the end the following:
“(4) Programmatic modifications—Any programmatic modification for an environmental infrastructure assistance program.”
in subsection (b)(1) by striking “studies and proposed modifications to authorized water resources development projects and feasibility studies” and inserting “studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program”;
by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
by inserting after subsection (c) the following:
“(d) Programmatic modifications in annual report—The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided.”
by striking subsection (c)(4) and inserting the following:
“(4) Appendix
“(A) In General—The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.
“(B) Limitation—In carrying out the activities described in this section—
“(i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program; and
“(ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.”
Savings clause— 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).
D Water Resources Infrastructure
Sec. 1401 Project authorizations
The following projects for water resources development and conservation and other purposes, as identified in the reports titled “Report to Congress on Future Water Resources Development” submitted to Congress on March 17, 2017, and February 5, 2018, respectively, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section:
Navigation—
Flood risk management—
Hurricane and storm damage risk reduction—
Flood risk management and ecosystem restoration—
Ecosystem restoration—
Modifications and other projects—
Sec. 1402 Special rules
St. Paul Harbor, Alaska— Notwithstanding section 2008(c) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the project for navigation, St. Paul Harbor, authorized by section 101(b)(3) of the Water Resources Development Act of 1996 (110 Stat. 3667), shall be cost-shared substantially in accordance with the costs established by section 105 of the Energy and Water Development Appropriations Act, 2003 (117 Stat. 139).
Española Valley, New Mexico— The Secretary shall carry out the project for flood risk management and ecosystem restoration, Española Valley, Rio Grande and Tributaries, New Mexico, authorized by section 1401(4) of this Act substantially in accordance with terms and conditions described in the Report of the Chief of Engineers, dated May 11, 2018, including, notwithstanding section 2008(c) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the recommended cost share.
Sec. 1403 Norfolk Harbor and Channels, Virginia
In general— The Secretary is authorized to further improve the project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090), substantially in accordance with the plans, and subject to the conditions, described in the Report of the Chief of Engineers dated June 29, 2018.
Thimble Shoal channel widening— The Secretary may carry out additional modifications to the project described in subsection (a) that are identified in the report titled “Report to Congress on Future Water Resources Development” submitted to Congress on February 5, 2018, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
Maximum authorized cost— Notwithstanding section 902(a)(2)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2280(a)(2)(B)), the maximum authorized cost for the project described in subsection (a) shall not be modified for the improvements and modifications authorized by subsections (a) and (b).