SEC. 1001. Short Title.
This title may be cited as the “Water Resources Development Act of 2016”.
Title I — Water Resources Development
TITLE I Water Resources Development
SEC. 1002. Secretary Defined.
In this title, the term “Secretary” means the Secretary of the Army.
Subtitle A General Provisions
SEC. 1101. Youth Service and Conservation Corps Organizations.
Section 213 of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
“(c) Youth Service and Conservation Corps Organizations.—The Secretary, to the maximum extent practicable, shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations.”
SEC. 1102. Navigation Safety.
The Secretary shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety activities at those projects eligible for operation and maintenance under section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)).
SEC. 1103. Emerging Harbors.
Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—
in subsection (c)(3) by striking “ for each of fiscal years 2015 through 2022” and inserting “ for each fiscal year”; and
by striking subsection (d)(1)(A) and inserting the following:
“(A) In general.—For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects.”
SEC. 1104. Federal Breakwaters and Jetties.
In General.— The Secretary, at Federal expense, shall establish an inventory and conduct an assessment of the general structural condition of all Federal breakwaters and jetties protecting harbors and inland harbors within the United States.
Contents.— The inventory and assessment carried out under subsection (a) shall include—
compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within the United States;
determining the general structural condition of each breakwater and jetty;
analyzing the potential risks to navigational safety, and the impact on the periodic maintenance dredging needs of protected harbors and inland harbors, resulting from the general structural condition of each breakwater and jetty; and
estimating the costs, for each breakwater and jetty, to restore or maintain the breakwater or jetty to authorized levels and the total of all such costs.
Report to Congress.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the inventory and assessment carried out under subsection (a).
SEC. 1105. Remote and Subsistence Harbors.
Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—
in subsection (a)(3) by inserting “ in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “ community”; and
in subsection (b)—
in paragraph (1) by inserting “ and communities that are located in the region to be served by the project and that will rely on the project” after “ community”;
in paragraph (4) by striking “ local population” and inserting “ regional population to be served by the project”; and
in paragraph (5) by striking “ community” and inserting “ local community and communities that are located in the region to be served by the project and that will rely on the project”.
SEC. 1106. Alternative Projects to Maintenance Dredging.
The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.
SEC. 1107. Great Lakes Navigation System.
Section 210(d)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding clause (i) by striking “ For each of fiscal years 2015 through 2024” and inserting “ For each fiscal year”.
SEC. 1108. Funding for Harbor Maintenance Programs.
Section 2101 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238b) is amended—
in subsection (b)(1), in the matter preceding subparagraph (A), by striking “ The target total” and inserting “ Except as provided in subsection (c), the target total”;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
“(c) Exception.—If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—
“(1) 103 percent of the total budget resources appropriated for the previous fiscal year; or
“(2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.”
SEC. 1109. Maintenance of Harbors of Refuge.
The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.
SEC. 1110. Donor Ports and Energy Transfer Ports.
Section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) is amended—
in subsection (a)—
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
by inserting after paragraph (1) the following:
“(2) Discretionary cargo.—The term ‘discretionary cargo’ means maritime cargo for which the United States port of unlading is different than the United States port of entry.”
in paragraph (3) (as redesignated)—
by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately;
in the matter preceding clause (i) (as redesignated) by striking “ The term” and inserting the following:
“(A) In general.—The term”
; and
by adding at the end the following:
“(B) Calculation.—For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.”
in paragraph (5)(A) (as redesignated), by striking “ Code of Federal Regulation” and inserting “ Code of Federal Regulations”; and
by adding at the end the following:
“(8) Medium-sized donor port.—The term ‘medium-sized donor port’ means a port—
“(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
“(B) at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986;
“(C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and
“(D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal year 2012.”
in subsection (b)—
in paragraph (1), by striking “ donor ports” and inserting “ donor ports, medium-sized donor ports,”; and
in paragraph (2)—
in subparagraph (A), by striking “ and” at the end; and
by striking subparagraph (B) and inserting the following:
“(B) shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and
“(C) for donor ports and medium-sized donor ports—
“(i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and
“(ii) 50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port.”
in subsection (c)—
in the matter preceding paragraph (1), by striking “ donor port” and inserting “ donor port, a medium-sized donor port,”; and
in paragraph (1)—
by striking “ or shippers transporting cargo”;
by striking “ U.S. Customs and Border Protection” and inserting “ the Secretary”; and
by striking “ amount of harbor maintenance taxes collected” and inserting “ value of discretionary cargo”;
by striking subsection (d) and inserting the following:
“(d) Administration of Payments.—
“(1) In general.—If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is—
“(A) shipped through the port; and
“(B) most at risk of diversion to seaports outside of the United States.
“(2) Requirement.—The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers.”
in subsection (f)—
in paragraph (1) by striking “ 2018” and inserting “ 2020”;
by striking paragraph (2) and inserting the following:
“(2) Division between donor ports, medium-sized donor ports, and energy transfer ports.—For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to—
“(A) donor ports and medium-sized donor ports; and
“(B) energy transfer ports.”
; and
in paragraph (3)—
by striking “ 2015 through 2018” and inserting “ 2016 through 2020”; and
by striking “ 2019 through 2022” and inserting “ 2021 through 2025”; and
by adding at the end the following:
“(g) Savings Clause.—Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46, United States Code.”
SEC. 1111. Harbor Deepening.
Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended—
in the matter preceding subparagraph (A) by striking “ the date of enactment of this Act” and inserting “ the date of enactment of the Water Resources Reform and Development Act of 2014 (Public Law 113–121)”;
in subparagraph (B) by striking “ 45 feet” and inserting “ 50 feet”; and
in subparagraph (C) by striking “ 45 feet” and inserting “ 50 feet”.
SEC. 1112. Implementation Guidance.
Section 2102 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1273) is amended by adding at the end the following:
“(d) Guidance.—Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016, the Secretary shall publish on the website of the Corps of Engineers guidance on the implementation of this section and the amendments made by this section.”
SEC. 1113. Non-Federal Interest Dredging Authority.
In General.— The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions.
Cost Limitations.— Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.
Agreement.— Before initiating maintenance activities under this section, a non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary.
Provision of Equipment.— In carrying out maintenance activities under this section, a non-Federal interest shall—
provide equipment at no cost to the Federal Government; and
hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
Reimbursement Eligibility Limitations.— Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—
the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or
the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.
Audit.— Not earlier than 5 years after the date of enactment of this Act, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—
improved reliability and safety for navigation; and
cost savings to the Federal Government.
Termination of Authority.— The authority of the Secretary under this section terminates on the date that is 10 years after the date of enactment of this Act.
SEC. 1114. Transportation Cost Savings.
Section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) is amended—
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following:
“(B) Additional requirement.—In the first report submitted under subparagraph (A) following the date of enactment of the Water Resources Development Act of 2016, the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2), on a project-by-project basis.”
SEC. 1115. Reservoir Sediment.
In General.— Section 215 of the Water Resources Development Act of 2000 (33 U.S.C. 2326c) is amended to read as follows:
“SEC. 215. RESERVOIR SEDIMENT.
“(a) In General.—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016 and after providing public notice, the Secretary shall establish, using available funds, a pilot program to accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.
“(b) Requirements.—In carrying out this section, the Secretary shall—
“(1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
“(2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services;
“(3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality; and
“(4) limit the number of dams for which services are accepted to 10.
“(c) Limitation.—
“(1) In general.—The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
“(2) Report to congress.—If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
“(d) Disposition of Removed Sediment.—In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.
“(e) Congressional Notification.—Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.
“(f) Report to Congress.—Upon completion of services at the 10 dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report documenting the results of the services.”
Clerical Amendment.— The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking the item relating to section 215 and inserting the following:
“Sec. 215. Reservoir sediment.”.
SEC. 1116. Water Supply Conservation.
In General.— In a State in which a drought emergency has been declared or was in effect during the 1-year period ending on the date of enactment of this Act, the Secretary is authorized—
to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and
to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with non-Federal interests to carry out the conservation measures approved by such evaluations.
Eligibility.— Water supply conservation measures evaluated under subsection (a) may include the following:
Stormwater capture.
Releases for ground water replenishment or aquifer storage and recovery.
Releases to augment water supply at another Federal or non-Federal storage facility.
Other conservation measures that enhance usage of a Corps of Engineers project for water supply.
Costs.— A non-Federal interest shall pay only the separable costs associated with the evaluation, implementation, operation, and maintenance of an approved water supply conservation measure, which payments may be accepted and expended by the Corps of Engineers to cover such costs.
Statutory Construction.— Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for—
water supply storage pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); or
surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
Limitations.— Nothing in this section—
affects, modifies, or changes the authorized purposes of a Corps of Engineers project;
affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration;
affects the Corps of Engineers ability to provide for temporary deviations;
affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);
supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;
supersedes or modifies any amendment to an existing multistate water control plan, including those water control plans along the Missouri River and those water control plans in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa basins;
affects any water right in existence on the date of enactment of this Act; or
preempts or affects any State water law or interstate compact governing water.
SEC. 1117. Drought Emergencies.
Authorized Activities.— With respect to a State in which a drought emergency is in effect on the date of enactment of this Act, or was in effect at any time during the 1-year period ending on such date of enactment, and upon the request of the Governor of the State, the Secretary is authorized to—
prioritize the updating of the water control manuals for control structures under the jurisdiction of the Secretary that are located in the State; and
incorporate into the update seasonal operations for water conservation and water supply for such control structures.
Coordination.— The Secretary shall carry out the update under subsection (a) in coordination with all appropriate Federal agencies, elected officials, and members of the public.
Statutory Construction.— Nothing in this section affects, modifies, or changes the authorized purposes of a Corps of Engineers project, or affects the applicability of section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
SEC. 1118. Leveraging Federal Infrastructure for Increased Water Supply.
In General.— At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—
modification of the project;
modification of how the project is managed; or
accessing water released from the project.
Proposals Included.— A proposal under subsection (a) may include—
increasing the storage capacity of the project;
diversion of water released or withdrawn from the project—
to recharge groundwater;
to aquifer storage and recovery; or
to any other storage facility;
construction of facilities for delivery of water from pumping stations constructed by the Secretary;
construction of facilities to access water; and
a combination of the activities described in paragraphs (1) through (4).
Exclusions.— This section shall not apply to a proposal that—
reallocates existing water supply or hydropower storage; or
reduces water available for any authorized project purpose.
Other Federal Projects.— In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.
Review Process.—
Notice.— On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army.
Public participation.— In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—
affected States;
power marketing administrations, in the case of reservoirs with Federal hydropower projects;
entities responsible for operation and maintenance costs;
any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;
entities that the State determines hold rights under State law to the use of water from the project; and
units of local government with flood risk reduction responsibilities downstream of the project.
Authorities.— A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—
the specific authorization for the water resources development project;
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a);
section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); and
section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
Limitations.— The Secretary shall not approve a proposal submitted under subsection (a) that—
is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army;
interferes with an authorized purpose of the project;
adversely impacts contractual rights to water or storage at the reservoir;
adversely impacts legal rights to water under State law, as determined by an affected State;
increases costs for any entity other than the entity that submitted the proposal; or
if a project is subject to section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress.
Cost Share.—
In general.— Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government.
Planning assistance to states.— In the case of a proposal from an entity authorized to receive assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a).
Operation and maintenance costs.—
In general.— Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal.
Certain water supply storage projects.— For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
Voluntary contributions.— An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a).
Contributed Funds.— The Secretary may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a).
Assistance.— On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance.
Exclusion.— This section shall not apply to reservoirs in—
the Upper Missouri River;
the Apalachicola-Chattahoochee-Flint river system;
the Alabama-Coosa-Tallapoosa river system; and
the Stones River.
Effect of Section.— Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.
SEC. 1119. Indian Tribes.
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—
in the section heading by inserting “ and indian tribes” after “ territories”; and
in subsection (a)—
by striking “ projects in American” and inserting
“(1) in American”
by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(2) for any Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).”
SEC. 1120. Tribal Consultation Reports.
Review.— 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 the following:
Not later than 30 days after the date of enactment of this Act, all reports of the Corps of Engineers developed pursuant to its Tribal Consultation Policy, dated November 2012, and submitted to the Office of Management and Budget before the date of enactment of this Act.
Not later than 30 days after the date of the submission to the Committees under paragraph (1), all reports of the Corps of Engineers developed pursuant to its Tribal Consultation Policy, dated November 2012, or successor policy, and submitted to the Office of Management and Budget after the date of enactment of this Act.
Not later than 1 year after the date of enactment of this Act, a report that describes the results of a review by the Secretary of existing policies, regulations, and guidance related to consultation with Indian tribes on water resources development projects or other activities that require the approval of, or the issuance of a permit by, the Secretary and that may have an impact on tribal cultural or natural resources.
Consultation.— In completing the review under subsection (a)(3), the Secretary shall provide for public and private meetings with Indian tribes and other stakeholders.
No Delays.— During the review required under subsection (a)(3), the Secretary shall ensure that—
all existing tribal consultation policies, regulations, and guidance continue to be implemented; and
the review does not affect an approval or issuance of a permit required by the Secretary.
SEC. 1121. Tribal Partnership Program.
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—
in subsection (b)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “ the Secretary” and all that follows through “ projects” and inserting “ the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects,”;
in paragraph (2) by striking “ (2) Matters to be studied.—A study” and inserting the following:
“(2) Authorized activities.—An activity”
; and
by adding at the end the following:
“(3) Feasibility study and reports.—
“(A) In general.—On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1).
“(B) Recommendation.—A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project.
“(4) Design and construction.—
“(A) In general.—The Secretary may carry out the design and construction of a water resources development project described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project is not more than $10,000,000.
“(B) Specific authorization.—If the Federal share of the cost of a project described in subparagraph (A) is more than $10,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.”
in subsection (c)—
in paragraph (1) by striking “ studies” and inserting “ an activity”; and
in paragraph (2)(B) by striking “ carrying out projects studied” and inserting “ an activity conducted”; and
in subsection (d)—
in paragraph (1)(A) by striking “ a study” and inserting “ an activity conducted”; and
by striking paragraph (2) and inserting the following:
“(2) Credit.—The Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest.
“(3) Sovereign immunity.—The Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection.
“(4) Water resources development projects.—
“(A) In general.—The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent.
“(B) Other costs.—The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 101 and 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2213) and shared in the same percentages as the purposes to which the costs are assigned.
“(5) Water-related planning activities.—
“(A) In general.—The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent.
“(B) Other costs.—The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 50 percent.”
SEC. 1122. Beneficial Use of Dredged Material.
In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program to carry out projects for the beneficial use of dredged material, including projects for the purposes of—
reducing storm damage to property and infrastructure;
promoting public safety;
protecting, restoring, and creating aquatic ecosystem habitats;
stabilizing stream systems and enhancing shorelines;
promoting recreation;
supporting risk management adaptation strategies; and
reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—
construction or fill material;
civic improvement objectives; and
other innovative uses and placement alternatives that produce public economic or environmental benefits.
Project Selection.— In carrying out the pilot program, the Secretary shall—
identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material;
consult with relevant State agencies in selecting projects; and
select projects solely on the basis of—
the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and
the need for a diversity of project types and geographical project locations.
Regional Beneficial Use Teams.—
In general.— In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program.
Composition.—
Leadership.— For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.
Membership.— The membership of each regional beneficial use team shall include—
representatives of relevant Corps of Engineers districts and divisions;
representatives of relevant State and local agencies; and
representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.
Considerations.— The Secretary shall carry out the pilot program in a manner that—
maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;
incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;
coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;
fosters Federal, State, and local collaboration;
implements best practices to maximize the beneficial use of dredged sand and other sediments; and
ensures that the use of dredged material is consistent with all applicable environmental laws.
Cost Sharing.—
In general.— Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).
Additional costs.— Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities.
Report.— Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
a description of the projects selected to be carried out under the pilot program;
documentation supporting each of the projects selected;
the findings of regional beneficial use teams regarding project selection; and
any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.
Termination.— The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1).
Exemption From Other Standards.— The projects carried out under this section shall be carried out notwithstanding the definition of the term “Federal standard” in section 335.7 of title 33, Code of Federal Regulations.
Regional Sediment Management.— Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—
in subsection (a)(1)—
by striking “ For sediment” and inserting the following:
“(A) Sediment from federal water resources projects.—For sediment”
; and
by adding at the end the following:
“(B) Sediment from other federal sources and non-federal sources.—For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.”
; and
in subsection (d) by adding at the end the following:
“(3) Special rule.—Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.
“(4) Disposal at non-federal cost.—The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 103(d)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).”
Clarification.— Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking “ 3” and inserting “ 6”.
SEC. 1123. Great Lakes Fishery and Ecosystem Restoration.
Section 506(g) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed.
SEC. 1124. Corps of Engineers Operation of Unmanned Aircraft Systems.
In General.— The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—
operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) systems in support of civil works and emergency response missions of the Corps of Engineers; and
acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.
Requirements.— A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system.
Limitation.— A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a).
SEC. 1125. Funding to Process Permits.
Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
in paragraph (1) by adding at the end the following:
“(C) Railroad carrier.—The term ‘railroad carrier’ has the meaning given the term in section 20102 of title 49, United States Code.”
in paragraph (2)—
by striking “ or natural gas company” and inserting “ , natural gas company, or railroad carrier”; and
by striking “ or company” and inserting “ , company, or carrier”;
in paragraph (3)—
by striking “ or natural gas company” and inserting “ , natural gas company, or railroad carrier”; and
by striking “ 7 years” and inserting “ 10 years”; and
in paragraph (5) by striking “ and natural gas companies” and inserting “ , natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws”.
SEC. 1126. Study of Water Resources Development Projects by Non-Federal Interests.
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended by adding at the end the following:
“(e) Technical Assistance.—At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.”
SEC. 1127. Non-Federal Construction of Authorized Flood Damage Reduction Projects.
Section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(d)) is amended by adding at the end the following:
“(5) Discrete segments.—
“(A) In general.—The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if—
“(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
“(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable.
“(B) Determination.—Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
“(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and
“(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).
“(C) Written agreement.—
“(i) In general.—As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
“(I) identify any discrete segment that the non-Federal interest may carry out; and
“(II) agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
“(ii) Remittance.—If a non-Federal interest fails to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element.
“(D) Discrete segment defined.—In this paragraph, the term ‘discrete segment’ means a physical portion of a flood damage reduction project, or separable element thereof—
“(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
“(ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof.”
SEC. 1128. Multistate Activities.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—
in subsection (a)(1)—
by striking “ or other non-Federal interest” and inserting “ , group of States, or non-Federal interest”;
by inserting “ or group of States” after “ working with a State”; and
by inserting “ or group of States” after “ boundaries of such State”; and
in subsection (c)(1) by adding at the end the following: “ The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1).”.
SEC. 1129. Planning Assistance to States.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended by adding at the end the following:
“(f) Special Rule.—The cost-share for assistance under this section provided to Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands shall be as provided under section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310).”
SEC. 1130. Regional Participation Assurance for Levee Safety Activities.
National Levee Safety Program.— Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended—
in paragraph (11) by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”;
by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and
by inserting after paragraph (11) the following:
“(12) Regional district.—The term ‘regional district’ means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.”
Inventory and Inspection of Levees.— Section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) is amended—
in subsection (a)—
in paragraph (1) by striking “ one year after the date of enactment of this Act” and inserting “ 1 year after the date of enactment of the Water Resources Development Act of 2016”;
in paragraph (2)(A) by striking “ States, Indian tribes, Federal agencies, and other entities” and inserting “ States, regional districts, Indian tribes, Federal agencies, and other entities”; and
in paragraph (3)—
in the heading for subparagraph (A) by striking “ federal, state, and local” and inserting “ federal, state, regional, tribal, and local”; and
in subparagraph (A) by striking “ Federal, State, and local” and inserting “ Federal, State, regional, tribal, and local”; and
in subsection (c)—
in paragraph (4)—
in the paragraph heading by striking “ State and tribal” and inserting “ State, regional, and tribal”; and
by striking “ State or Indian tribe” each place it appears and inserting “ State, regional district, or Indian tribe”; and
in paragraph (5)—
by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”; and
by striking “ chief executive of the tribal government” and inserting “ chief executive of the regional district or tribal government”.
Levee Safety Initiative.— Section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a) is amended—
in subsection (c)—
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “ 1 year after the date of enactment of this subsection” and inserting “ 1 year after the date of enactment of the Water Resources Development Act of 2016”; and
by striking “ State, local, and tribal governments and organizations” and inserting “ State, regional, local, and tribal governments and organizations”; and
in subparagraph (A) by striking “ Federal, State, tribal, and local agencies” and inserting “ Federal, State, regional, local, and tribal agencies”;
in paragraph (3)—
in subparagraph (A) by striking “ State, local, and tribal governments,” and inserting “ State, regional, local, and tribal governments”; and
in subparagraph (B) by inserting “ , regional, or tribal” after “ State” each place it appears; and
in paragraph (5)(A) by striking “ States, non-Federal interests, and other appropriate stakeholders” and inserting “ States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders”;
in subsection (e)(1) in the matter preceding subparagraph (A) by striking “ States, communities, and levee owners” and inserting “ States, regional districts, Indian tribes, communities, and levee owners”;
in subsection (g)—
in the subsection heading by striking “ State and Tribal” and inserting “ State, Regional, and Tribal”;
in paragraph (1)—
in subparagraph (A)—
by striking “ 1 year after the date of enactment of this subsection” and inserting “ 1 year after the date of enactment of the Water Resources Development Act of 2016”; and
by striking “ State or tribal” and inserting “ State, regional, or tribal”; and
in subparagraph (B)—
by striking “ State and Indian tribe” and inserting “ State, regional district, and Indian tribe”; and
by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”; and
in paragraph (2)—
in the paragraph heading by striking “ states” and inserting “ states, regional districts, and indian tribes”;
in subparagraph (A) by striking “ States and Indian tribes” and inserting “ States, regional districts, and Indian tribes”;
in subparagraph (B)—
in the matter preceding clause (i) by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”;
in clause (ii) by striking “ levees within the State” and inserting “ levees within the State or regional district”; and
in clause (iii) by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”;
in subparagraph (C)(ii) in the matter preceding subclause (I) by striking “ State or tribal” and inserting “ State, regional, or tribal”; and
in subparagraph (E)—
by striking “ States and Indian tribes” each place it appears and inserting “ States, regional districts, and Indian tribes”;
in clause (ii)(II)—
in the matter preceding item (aa) by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”;
in item (aa) by striking “ miles of levees in the State” and inserting “ miles of levees in the State or regional district”; and
in item (bb) by striking “ miles of levees in all States” and inserting “ miles of levees in all States and regional districts”; and
in clause (iii)—
by striking “ State or Indian tribe” and inserting “ State, regional district, or Indian tribe”; and
by striking “ State or tribal” and inserting “ State, regional, or tribal”; and
in subsection (h)—
in paragraph (1) by striking “ States, Indian tribes, and local governments” and inserting “ States, regional districts, Indian tribes, and local governments”;
in paragraph (2)—
in the matter preceding subparagraph (A) by striking “ State, Indian tribe, or local government” and inserting “ State, regional district, Indian tribe, or local government”; and
in subparagraph (E) in the matter preceding clause (i) by striking “ State or tribal” and inserting “ State, regional, or tribal”;
in paragraph (3)—
in subparagraph (A) by striking “ State, Indian tribe, or local government” and inserting “ State, regional district, Indian tribe, or local government”; and
in subparagraph (D) by striking “ 180 days after the date of enactment of this subsection” and inserting “ 180 days after the date of enactment of the Water Resources Development Act of 2016”; and
in paragraph (4)(A)(i) by striking “ State or tribal” and inserting “ State, regional, or tribal”.
in subsection (a)(1)—
in the matter preceding subparagraph (A) by striking “ 1 year after the date of enactment of this subsection” and inserting “ 1 year after the date of enactment of the Water Resources Development Act of 2016”; and
in subparagraph (B) by striking “ State and tribal” and inserting “ State, regional, and tribal”;
in subsection (c)—
in the matter preceding paragraph (1)—
by striking “ 2 years after the date of enactment of this subsection” and inserting “ 2 years after the date of enactment of the Water Resources Development Act of 2016”; and
by striking “ State, tribal, and local” and inserting “ State, regional, tribal, and local”;
in paragraph (2) by striking “ State and tribal” and inserting “ State, regional, and tribal”; and
in paragraph (4) by striking “ State and local” and inserting “ State, regional, tribal, and local”; and
in subsection (d)—
in the matter preceding paragraph (1) by striking “ 1 year after the date of enactment of this subsection” and inserting “ 1 year after the date of enactment of the Water Resources Development Act of 2016”; and
in paragraph (2) by striking “ State or tribal” and inserting “ State, regional, or tribal”.
SEC. 1131. Participation of Non-Federal Interests.
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting “ and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation” after “ Indian tribe”.
SEC. 1132. Post-Authorization Change Reports.
In General.— The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
shall be submitted, upon completion, to—
the Committee on Environment and Public Works of the Senate; and
the Committee on Transportation and Infrastructure of the House of Representatives.
Completion Review.— With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
review the report; and
provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
Prior Reports.— Not later than 120 days after the date of enactment of this Act, with respect to any post-authorization change report that was completed prior to the date of enactment of this Act and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
Post-Authorization Change Report Inclusions.— In this section, the term “post-authorization change report” includes—
a general reevaluation report;
a limited reevaluation report; and
any other report that recommends the modification of an authorized water resources development project.
SEC. 1133. Maintenance Dredging Data.
In General.— The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
Scope.— The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—
the volume of dredged material removed;
the initial cost estimate of the Corps of Engineers;
the total cost;
the party and vessel carrying out the work; and
the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
SEC. 1134. Electronic Submission and Tracking of Permit Applications.
In General.— Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended to read as follows:
“SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
“(a) Development of Electronic System.—
“(1) In general.—The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.
“(2) Inclusion.—The electronic system required under paragraph (1) shall address—
“(A) applications for standard individual permits;
“(B) applications for letters of permission;
“(C) joint applications with States for State and Federal permits;
“(D) applications for emergency permits;
“(E) applications or requests for jurisdictional determinations; and
“(F) preconstruction notification submissions, when required for a nationwide or other general permit.
“(3) Improving existing data systems.—The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.
“(4) Protection of information.—The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.
“(b) System Requirements.—The electronic system required under subsection (a) shall—
“(1) enable an applicant or requester to prepare electronically an application for a permit or request;
“(2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
“(3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;
“(4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
“(5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
“(A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
“(B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
“(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
“(c) Documentation.—All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.
“(d) Record of Determinations.—
“(1) In general.—The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination.
“(2) Archiving of information.—The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).
“(e) Availability of Determinations.—
“(1) In general.—The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction.
“(2) Protection of information.—The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.
“(f) Deadline for Electronic System Implementation.—
“(1) In general.—The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after the date of enactment of the Water Resources Development Act of 2016.
“(2) Report on electronic system implementation.—Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section.
“(g) Applicability.—The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016.
“(h) Limitation.—This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination.”
Clerical Amendment.— The table of contents in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2040 and inserting the following:
“Sec. 2040. Electronic submission and tracking of permit applications.”.
SEC. 1135. Data Transparency.
Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) is amended to read as follows:
“SEC. 2017. ACCESS TO WATER RESOURCE DATA.
“(a) In General.—Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
“(1) the planning, design, construction, operation, and maintenance of water resources development projects; and
“(2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
“(b) Limitation.—Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
“(c) Timing.—The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers.
“(d) Partnerships.—In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.”
SEC. 1136. Quality Control.
In General.— Paragraph (a) of the first section of the Act of December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701–1(a)), is amended by inserting “ and shall be made publicly available” before the period at the end of the last sentence.
Project Administration.— Section 2041(b)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by inserting “ final post-authorization change report,” after “ final reevaluation report,”.
SEC. 1137. Report on Purchase of Foreign Manufactured Articles.
Section 213(a) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4831) is amended by adding at the end the following:
“(4) Report on purchase of foreign manufactured articles.—
“(A) In general.—In the first annual report submitted to Congress after the date of enactment of this paragraph in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall include a report on the amount of acquisitions in the prior fiscal year made by the Corps of Engineers for civil works projects from entities that manufactured the articles, materials, or supplies outside of the United States.
“(B) Contents.—The report required under subparagraph (A) shall indicate, for each category of acquisition—
“(i) the dollar value of articles, materials, and supplies purchased that were manufactured outside of the United States; and
“(ii) a summary of the total procurement funds spent on goods manufactured in the United States and the total procurement funds spent on goods manufactured outside of the United States.
“(C) Public availability.—Not later than 30 days after the submission of the report required under subparagraph (A), the Secretary shall make such report publicly available, including on the Internet.”
SEC. 1138. International Outreach Program.
Section 401(a) of the Water Resources Development Act of 1992 (33 U.S.C. 2329(a)) is amended to read as follows:
“(a) Authorization.—
“(1) In general.—The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.
“(2) Inclusions.—Activities under paragraph (1) may include—
“(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
“(B) research, development, training, and other forms of technology transfer and exchange; and
“(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.”
SEC. 1139. Dam Safety Repair Projects.
The Secretary shall issue guidance—
on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art design or construction criteria deemed necessary for safety purposes applies to a dam safety repair project;
to assist district offices of the Corps of Engineers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and
to assist the Corps of Engineers in communicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safety repair projects.
SEC. 1140. Federal Cost Limitation for Certain Projects.
Section 506(c) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(c)) is amended by adding at the end the following:
“(5) Recreation features.—A project carried out pursuant to this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features may not exceed 10 percent of the Federal ecosystem restoration costs of the project.”
SEC. 1141. Lake Kemp, Texas.
SEC. 1142. Corrosion Prevention.
Section 1033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350) is amended by adding at the end the following:
“(d) Report.—In the first annual report submitted to Congress after the date of enactment of this subsection in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall report on the corrosion prevention activities encouraged under this section, including—
“(1) a description of the actions the Secretary has taken to implement this section; and
“(2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.”
SEC. 1143. Sediment Sources.
In General.— The Secretary is authorized to undertake a study of the economic and noneconomic costs, benefits, and impacts of acquiring by purchase, exchange, or otherwise sediment from domestic and nondomestic sources for shoreline protection.
Report.— Upon completion of the study, the Secretary shall report to Congress on the availability, benefits, and impacts, of using domestic and nondomestic sources of sediment for shoreline protection.
SEC. 1144. Prioritization of Certain Projects.
The Secretary shall give priority to a project for flood risk management if—
there is an executed project partnership agreement for the project; and
the project is located in an area—
with respect to which—
there has been a loss of life due to flood events; and
the President has declared that a major disaster or emergency exists under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or
that is at significant risk for catastrophic flooding.
SEC. 1145. Gulf Coast Oyster Bed Recovery Assessment.
Gulf States Defined.— In this section, the term “Gulf States” means each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
Gulf Coast Oyster Bed Recovery Assessment.— The Secretary, in coordination with the Gulf States, shall conduct an assessment relating to the recovery of oyster beds on the coasts of the Gulf States that were damaged by events, including—
Hurricane Katrina in 2005;
the Deepwater Horizon oil spill in 2010; and
floods in 2011 and 2016.
Inclusion.— The assessment conducted under subsection (b) shall address the beneficial use of dredged material in providing substrate for oyster bed development.
Report.— Not later than 180 days after 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 a report on the assessment conducted under subsection (b).
SEC. 1146. Initiating Work on Separable Elements.
With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project—
no new start or new investment decision shall be required; and
the work shall be treated as ongoing work.
SEC. 1147. Lower Bois D’arc Creek Reservoir Project, Fannin County, Texas.
Finalization Required.— The Secretary shall ensure that environmental decisions and reviews related to the construction of, impoundment of water in, and operation of the Lower Bois d’Arc Creek Reservoir Project, including any associated water transmission facilities, by the North Texas Municipal Water District in Fannin County, Texas, are made on an expeditious basis using the fastest applicable process.
Interim Report.— Not later than June 30, 2017, the Secretary shall report to Congress on the implementation of subsection (a).
SEC. 1148. Recreational Access at Corps of Engineers Reservoirs.
Section 1035 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended—
by striking subsection (b) and inserting the following:
“(b) Recreational Access.—The Secretary shall allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if—
“(1) the floating cabin—
“(A) is in compliance with, and maintained by the owner to satisfy the requirements of, regulations for recreational vessels, including health and safety standards, issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322); and
“(B) is located at a marina leased by the Corps of Engineers; and
“(2) the Secretary has authorized the use of recreational vessels on such waters.”
; and
by adding at the end the following:
“(c) Limitation on Statutory Construction.—
“(1) In general.—Nothing in this section may be construed to authorize the Secretary to impose requirements on a floating cabin or on any facility that serves a floating cabin, including marinas or docks located on waters under the jurisdiction of the Secretary in the Cumberland River basin, that are different or more stringent than the requirements imposed on all recreational vessels authorized to use such waters.
“(2) Definitions.—In this subsection, the following definitions apply:
“(A) Vessel.—The term ‘vessel’ has the meaning given that term in section 3 of title 1, United States Code.
“(B) Requirement.—The term ‘requirement’ includes a requirement imposed through the utilization of guidance.”
SEC. 1149. No Wake Zones in Navigation Channels.
In General.— At the request of a State or local official, the Secretary, in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (b), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by recreational vessels identified by such official, while maintaining the navigability of the channel.
Considerations.— In identifying measures under subsection (a) with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether—
State or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from recreational vessels present in the channel;
the Secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and
the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels.
Covered Navigation Channel Defined.— In this section, the term “covered navigation channel” means a navigation channel that—
is federally marked or maintained;
is part of the Atlantic Intracoastal Waterway; and
is adjacent to a marina.
Savings Clause.— Nothing in this section shall be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable laws or regulations governing the safe navigation of a vessel.
SEC. 1150. Ice Jam Prevention and Mitigation.
In General.— The Secretary may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing and mitigating flood damages associated with ice jams.
Inclusion.— The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
universities;
Federal, State, and local agencies; and
private organizations.
Pilot Program.—
In general.— During fiscal years 2017 through 2022, the Secretary shall identify and carry out not fewer than 10 projects under this section to demonstrate technologies and designs developed in accordance with this section.
Project selection.— The Secretary shall ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast.
SEC. 1151. Structural Health Monitoring.
In General.— The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—
response to flood and earthquake events;
predisaster mitigation measures;
lengthening the useful life of the infrastructure; and
identifying risks due to sea level rise.
Consultation and Considerations.— In developing the program under subsection (a), the Secretary shall—
consult with academic and other experts; and
consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.
SEC. 1152. Kennewick Man.
Definitions.— In this section, the following definitions apply:
Claimant tribes.— The term “claimant tribes” means the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum Band of Priest Rapids.
Department.— The term “Department” means the Washington State Department of Archaeology and Historic Preservation.
Human remains.— The term “human remains” means the human remains that—
are known as Kennewick Man or the Ancient One, which includes the projectile point lodged in the right ilium bone, as well as any residue from previous sampling and studies; and
are part of archaeological collection number 45BN495.
Transfer.— Notwithstanding any other provision of Federal law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Chief of Engineers, shall transfer the human remains to the Department, on the condition that the Department, acting through the State Historic Preservation Officer, disposes of the human remains and repatriates the human remains to the claimant tribes.
Terms and Conditions.— The transfer shall be subject to the following terms and conditions:
The release of the human remains to the claimant tribes is contingent upon the claimant tribes following the Department’s requirements in the Revised Code of Washington.
The claimant tribes verify to the Department their agreement on the final burial place of the human remains.
The claimant tribes verify to the Department their agreement that the human remains will be buried in the State of Washington.
The claimant tribes verify to the Department their agreement that the Department will take legal custody of the human remains upon the transfer by the Secretary.
Cost.— The Corps of Engineers shall be responsible for any costs associated with the transfer.
Limitations.—
In general.— The transfer shall be limited solely to the human remains portion of the archaeological collection.
Secretary.— The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection (b) after the date of the transfer.
SEC. 1153. Authority to Accept and Use Materials and Services.
Section 1024 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2325a) is amended—
by striking subsection (a) and inserting the following:
“(a) In General.—Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—
“(1) there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and
“(2) acceptance of the materials and services or funds is in the public interest.”
by redesignating subsection (c) as subsection (d);
by inserting after subsection (b) the following:
“(c) Additional Requirements.—
“(1) Applicable laws and regulations.—The Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary.
“(2) Supplementary services.—The Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations.”
; and
in subsection (d) (as redesignated by paragraph (2)) in the matter preceding paragraph (1)—
by striking “ Not later than 60 days after initiating an activity under this section,” and inserting “ Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section,”; and
by striking “ a report” and inserting “ an annual report”.
SEC. 1154. Munitions Disposal.
Section 1027 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 426e–2) is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting “ , at full Federal expense,” after “ The Secretary may”; and
in subsection (b) by striking “ funded” and inserting “ reimbursed”.
SEC. 1155. Management of Recreation Facilities.
Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
“(c) User Fees.—
“(1) Collection of fees.—
“(A) In general.—The Secretary may allow a non-Federal public entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by that entity or the Department of the Army.
“(B) Use of visitor reservation services.—A non-Federal public entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and conditions as the Secretary determines to be appropriate.
“(2) Use of fees.—A non-Federal public entity that collects user fees under paragraph (1)—
“(A) may retain up to 100 percent of the fees collected, as determined by the Secretary; and
“(B) notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any retained amount for operation, maintenance, and management activities at the recreation site at which the fee is collected.
“(3) Terms and conditions.—The authority of a non-Federal public entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States.”
SEC. 1156. Structures and Facilities Constructed by Secretary.
In General.— Section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), is amended—
by striking “ That it shall not be lawful” and inserting the following:
“(a) Prohibitions and Permissions.—It shall not be lawful”
; and
by adding at the end the following:
“(b) Concurrent Review.—
“(1) NEPA review.—
“(A) In general.—In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), review and approval of the activity under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act.
“(B) Corps of engineers as a cooperating agency.—If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—
“(i) participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and
“(ii) adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under—
“(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
“(II) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
“(2) Reviews by secretary.—In any case in which the Secretary must approve an action under this section and under another authority, including sections 9 and 10 of this Act, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the Secretary shall—
“(A) coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and
“(B) adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the Secretary, is current and applicable.
“(3) Contributed funds.—The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States.
“(c) Timely Review.—
“(1) Complete application.—On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete.
“(2) Decision.—On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall—
“(A) make a decision on the application; or
“(B) provide a schedule to the applicant identifying when the Secretary will make a decision on the application.
“(3) Notification to congress.—In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review.”
Guidance.— Section 1007 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the end the following:
“(f) Guidance.—
“(1) In general.—Not later than 120 days after the date of enactment of this subsection, the Secretary shall issue guidance on the implementation of this section.
“(2) Incorporation.—In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), the Secretary shall incorporate the requirements under this section.
“(g) Prioritization.—The Secretary shall prioritize and complete the activities required of the Secretary under this section.”
SEC. 1157. Project Completion.
Completion of Projects and Programs.—
In general.— For any project or program of assistance authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835), the Secretary is authorized to carry out the project to completion if—
as of the date of enactment of this Act, the project has received more than $4,000,000 in Federal appropriations and those appropriations equal an amount that is greater than 80 percent of the authorized amount;
as of the date of enactment of this Act, significant progress has been demonstrated toward completion of the project or segments of the project but the project is not complete; and
the benefits of the Federal investment will not be realized without completion of the project.
Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for fiscal years 2017 through 2021.
Modification of Projects or Programs of Assistance.— Section 7001(f) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(f)) is amended by adding at the end the following:
“(5) Water resources development project.—The term ‘water resources development project’ includes a project under an environmental infrastructure assistance program if authorized before the date of enactment of the Water Resources Development Act of 2016.”
SEC. 1158. New England District Headquarters.
In General.— Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not otherwise obligated, the Secretary may—
design, renovate, and construct additions to 2 buildings located on Hanscom Air Force Base in Bedford, Massachusetts, for the headquarters of the New England District of the Corps of Engineers; and
carry out such construction and infrastructure improvements as are required to support the headquarters of the New England District of the Corps of Engineers, including any necessary demolition of the existing infrastructure.
Requirement.— In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.
SEC. 1159. Buffalo District Headquarters.
In General.— Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not otherwise obligated, the Secretary may—
design and construct a new building in Buffalo, New York, for the headquarters of the Buffalo District of the Corps of Engineers; and
carry out such construction and infrastructure improvements as are required to support the headquarters and related installations and facilities of the Buffalo District of the Corps of Engineers, including any necessary demolition or renovation of the existing infrastructure.
Requirement.— In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.
SEC. 1160. Future Facility Investment.
The first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), is amended—
by striking “ For establishment of a revolving fund” and inserting the following:
“(a) Revolving Fund.—For establishment of a revolving fund”
; and
by adding at the end the following:
“(b) Prohibition.—
“(1) In general.—No funds may be expended or obligated from the revolving fund described in subsection (a) to newly construct, or perform a major renovation on, a building for use by the Corps of Engineers unless specifically authorized by law.
“(2) Statutory construction.—Nothing in this subsection may be construed to—
“(A) change any authority provided under subchapter I of chapter 169 of title 10; or
“(B) change the use of funds under subsection (a) for purposes other than those described in paragraph (1).
“(c) Transmission to Congress of Prospectus.—To secure consideration for an authorization under subsection (b), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on Environment and Public Works of the Senate a prospectus of the proposed construction or major renovation of a building that includes—
“(1) a brief description of the building;
“(2) the location of the building;
“(3) an estimate of the maximum cost to be provided by the revolving fund for the building to be constructed or renovated;
“(4) the total size of the building after the proposed construction or major renovation;
“(5) the number of personnel proposed to be housed in the building after the construction or major renovation;
“(6) a statement that other suitable space owned by the Federal Government is not available;
“(7) a statement of rents and other housing costs currently being paid for the tenants proposed to be housed in the building; and
“(8) the size of the building currently housing the tenants proposed to be housed in the building.
“(d) Provision of Building Project Surveys.—
“(1) In general.—If requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives, the Secretary shall create a building project survey for the construction or major renovation of a building described in subsection (b).
“(2) Report.—Within a reasonable time after creating a building project survey under paragraph (1), the Secretary shall submit to Congress a report on the survey that includes the information required to be included in a prospectus under subsection (c).
“(e) Major Renovation Defined.—In this section, the term ‘major renovation’ means a renovation or alteration of a building for use by the Corps of Engineers with a total expenditure of more than $20,000,000.”
SEC. 1161. Completion of Ecosystem Restoration Projects.
Section 2039 of the Water Resources Development Act of 2007 (33 U.S.C. 2330a) is amended by adding at the end the following:
“(d) Inclusions.—A monitoring plan under subsection (b) shall include a description of—
“(1) the types and number of restoration activities to be conducted;
“(2) the physical action to be undertaken to achieve the restoration objectives of the project;
“(3) the functions and values that will result from the restoration plan; and
“(4) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.
“(e) Conclusion of Operation and Maintenance Responsibility.—The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).
“(f) Federal Obligations.—The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (e).”
SEC. 1162. Fish and Wildlife Mitigation.
Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
in subsection (h)—
in paragraph (4)—
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
“(D) include measures to protect or restore habitat connectivity;”
in paragraph (6)(C) by striking “ impacts” and inserting “ impacts, including impacts to habitat connectivity”; and
by striking paragraph (11) and inserting the following:
“(11) Effect.—Nothing in this subsection—
“(A) requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or
“(B) affects the mitigation responsibilities of the Secretary under any other provision of law.”
; and
by adding at the end the following:
“(j) Use of Funds.—
“(1) In general.—The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section.
“(2) Notification.—Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate.
“(k) Measures.—The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity.”
SEC. 1163. Wetlands Mitigation.
Section 2036(c) of the Water Resources Development Act of 2007 (33 U.S.C. 2317b) is amended to read as follows:
“(c) Mitigation Banks and In-Lieu Fee Arrangements.—
“(1) In general.—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016, the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.
“(2) Requirements.—All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—
“(A) the applicable mitigation bank—
“(i) has an approved mitigation banking instrument; and
“(ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and
“(B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.
“(3) Effect.—Nothing in this subsection—
“(A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or
“(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.”
SEC. 1164. Debris Removal.
Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 19; 33 U.S.C. 603a), is amended—
by striking “ $1,000,000” and inserting “ $5,000,000”;
by striking “ accumulated snags and other debris” and inserting “ accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel”; and
by striking “ or flood control” and inserting “ , flood control, or recreation”.
SEC. 1165. Disposition Studies.
In General.— In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary shall consider the extent to which the property concerned has economic, cultural, historic, or recreational significance or impacts at the national, State, or local level.
Completion of Assessment and Inventory.— Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349).
SEC. 1166. Transfer of Excess Credit.
Section 1020(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223(a)) is amended—
by striking the subsection designation and heading and all that follows through “ Subject to subsection (b)” and inserting the following:
“(a) Application of Credit.—
“(1) In general.—Subject to subsection (b)”
; and
by adding at the end the following:
“(2) Application prior to completion of project.—On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.”
SEC. 1167. Hurricane and Storm Damage Reduction.
Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking “ $5,000,000” and inserting “ $10,000,000”.
SEC. 1168. Fish Hatcheries.
In General.— Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a similar State law.
Costs.— A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Federal agencies shall be responsible for 100 percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of the date of enactment of this Act for the fish hatchery.
SEC. 1169. Shore Damage Prevention or Mitigation.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is amended—
in subsection (b) by striking “ measures” and all that follows through “ project” and inserting “ measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project”; and
by adding at the end the following:
“(e) Reimbursement for Feasibility Studies.—Beginning on the date of enactment of this subsection, in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).”
SEC. 1170. Enhancing Lake Recreation Opportunities.
Section 3134 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1142) is amended by striking subsection (e).
SEC. 1171. Credit in Lieu of Reimbursement.
Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended—
in subsection (a) by striking “ that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) before the date of enactment of this Act” and inserting “ for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) (as it existed before the repeal made by section 1014(c)(3))”; and
in subsection (b) by striking “ share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies” and inserting “ non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest”.
SEC. 1172. Easements for Electric, Telephone, or Broadband Service Facilities.
Definition of Water Resources Development Project.— In this section, the term “water resources development project” means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations).
No Consideration for Easements.— The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
Administrative Expenses.— Nothing in this section affects the authority of the Secretary under section 2695 of title 10, United States Code, or under section 9701 of title 31, United State Code, to collect funds to cover reasonable administrative expenses incurred by the Secretary.
SEC. 1173. Study on Performance of Innovative Materials.
Innovative Material Defined.— In this section, the term “innovative material”, with respect to a water resources development project, includes high performance concrete formulations, geosynthetic materials, advanced alloys and metals, reinforced polymer composites, including any coatings or other corrosion prevention methods used in conjunction with such materials, and any other material, as determined by the Secretary.
Study.—
In general.— The Secretary shall offer to enter into a contract with the Transportation Research Board of the National Academy of Sciences—
to develop a proposal to study the use and performance of innovative materials in water resources development projects carried out by the Corps of Engineers; and
after the opportunity for public comment provided in accordance with subsection (c), to carry out the study proposed under subparagraph (A).
Contents.— The study under paragraph (1) shall identify—
the conditions that result in degradation of water resources infrastructure;
the capabilities of innovative materials in reducing degradation;
any statutory, fiscal, regulatory, or other barriers to the expanded successful use of innovative materials;
recommendations on including performance-based requirements for the incorporation of innovative materials into the Unified Facilities Guide Specifications;
recommendations on how greater use of innovative materials could increase performance of an asset of the Corps of Engineers in relation to extended service life;
additional ways in which greater use of innovative materials could empower the Corps of Engineers to accomplish the goals of the Strategic Plan for Civil Works of the Corps of Engineers; and
recommendations on any further research needed to improve the capabilities of innovative materials in achieving extended service life and reduced maintenance costs in water resources development infrastructure.
Public Comment.— After developing the study proposal under subsection (b)(1)(A) and before carrying out the study under subsection (b)(1)(B), the Secretary shall provide an opportunity for public comment on the study proposal.
Consultation.— In carrying out the study under subsection (b)(1), the Secretary, at a minimum, shall consult with relevant experts on engineering, environmental, and industry considerations.
Report to Congress.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (b)(1).
SEC. 1174. Conversion of Surplus Water Agreements.
For the purposes of section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose and provided for the complete payment of the actual investment costs of storage to be used, and that purpose is no longer authorized as of the date of enactment of this section, the Secretary shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same payment terms incorporated in the agreement.
SEC. 1175. Projects Funded by the Inland Waterways Trust Fund.
Beginning on June 10, 2014, and ending on the date of the completion of the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) shall not apply to any project authorized to receive funding from the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986.
SEC. 1176. Rehabilitation Assistance.
Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n), is amended—
in subsection (a) by adding at the end the following:
“(3) Nonstructural alternatives defined.—In this subsection, the term ‘nonstructural alternatives’ includes efforts to restore or protect natural resources, including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk.”
; and
by adding at the end the following:
“(d) Increased Level of Protection.—In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Chief of Engineers may increase the level of protection above the level to which the system was designed, or, if the repair or restoration includes repair or restoration of a pumping station, increase the capacity of a pump, if—
“(1) the Chief of Engineers determines the improvements are in the public interest, including consideration of whether—
“(A) the authority under this section has been used more than once at the same location;
“(B) there is an opportunity to decrease significantly the risk of loss of life and property damage; or
“(C) there is an opportunity to decrease total life cycle rehabilitation costs for the project; and
“(2) the non-Federal sponsor agrees to pay the difference between the cost of repair or restoration to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-Federal sponsor.
“(e) Notice.—The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a).”
SEC. 1177. Rehabilitation of Corps of Engineers Constructed Dams.
In General.— If the Secretary determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b).
Eligible Dams.— A dam eligible for assistance under this section is a dam—
that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;
for which construction was completed before 1940;
that is classified as “high hazard potential” by the State dam safety agency of the State in which the dam is located; and
that is operated by a non-Federal entity.
Cost Sharing.— Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all land, easements, rights-of-way, and necessary relocations.
Agreements.— Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary—
to pay the non-Federal share of the costs of construction under subsection (c); and
to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.
Cost Limitation.— The Secretary shall not expend more than $10,000,000 for a project at any single dam under this section.
Funding.— There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2017 through 2026.
SEC. 1178. Columbia River.
Ecosystem Restoration.— Section 536(g) of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2662; 128 Stat. 1314) is amended by striking “ $50,000,000” and inserting “ $75,000,000”.
Watercraft Inspection Stations.— Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—
in subsection (d)—
by striking paragraph (1) and inserting the following:
“(1) In general.—In carrying out this section, the Secretary may establish, operate, and maintain new or existing watercraft inspection stations to protect the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary in consultation with such States, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.”
; and
in paragraph (3)(A) by inserting “ Governors of the” before “ States”; and
in subsection (e) by striking paragraph (3) and inserting the following:
“(3) assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and”
Tribal Assistance.—
Assistance authorized.—
In general.— Upon the request of the Secretary of the Interior, the Secretary may provide assistance on land transferred by the Department of the Army to the Department of the Interior pursuant to title IV of Public Law 100–581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; 114 Stat. 2679; 118 Stat. 544) to Indian tribes displaced as a result of the construction of the Bonneville Dam, Oregon.
Clarification.—
In general.— The Secretary is authorized to provide the assistance described in subparagraph (A) based on information known or studies undertaken by the Secretary prior to the date of enactment of this subsection.
Additional studies.— To the extent that the Secretary determines necessary, the Secretary is authorized to undertake additional studies to further examine any impacts to Indian tribes identified in subparagraph (A) beyond any information or studies identified under clause (i), except that the Secretary is authorized to provide the assistance described in subparagraph (A) based solely on information known or studies undertaken by the Secretary prior to the date of enactment of this subsection.
Study of impacts of john day dam, oregon.— The Secretary shall—
conduct a study to determine the number of Indian tribes displaced by the construction of the John Day Dam, Oregon; and
recommend to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a plan to provide assistance to Indian tribes displaced as a result of the construction of the John Day Dam, Oregon.
SEC. 1179. Missouri River.
Reservoir Sediment Management.—
Definition of sediment management plan.— In this subsection, the term “sediment management plan” means a plan for preventing sediment from reducing water storage capacity at a reservoir and increasing water storage capacity through sediment removal at a reservoir.
Upper missouri river basin pilot program.— The Secretary shall carry out a pilot program for the development and implementation of sediment management plans for reservoirs owned and operated by the Secretary in the Upper Missouri River Basin, on request by project beneficiaries.
Plan elements.— A sediment management plan under paragraph (2) shall—
provide opportunities for project beneficiaries and other stakeholders to participate in sediment management decisions;
evaluate the volume of sediment in a reservoir and impacts on storage capacity;
identify preliminary sediment management options, including sediment dikes and dredging;
identify constraints;
assess technical feasibility, economic justification, and environmental impacts;
identify beneficial uses for sediment; and
to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment.
Cost share.— The beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the plan and such cost shall be allocated among the beneficiaries in accordance with the benefits to be received.
Contributed funds.— The Secretary may accept funds from non-Federal interests and other Federal agencies to develop and implement a sediment management plan under this subsection.
Guidance.— The Secretary shall use the knowledge gained through the development and implementation of sediment management plans under paragraph (2) to develop guidance for sediment management at other reservoirs.
Partnership with secretary of the interior.—
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 may apply to reservoirs managed or owned by the Bureau of Reclamation on execution of a memorandum of agreement between the Secretary and the Secretary of the Interior establishing the framework for a partnership and the terms and conditions for sharing expertise and resources.
Lead agency.— The Secretary that has primary jurisdiction over a reservoir shall take the lead in developing and implementing a sediment management plan for that reservoir.
Other authorities not affected.— Nothing in this subsection affects sediment management or the share of costs paid by Federal and non-Federal interests relating to sediment management under any other provision of law (including regulations).
Snowpack and Drought Monitoring.— Section 4003(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1310) is amended by adding at the end the following:
“(5) Lead agency.—The Corps of Engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph (1).”
SEC. 1180. Chesapeake Bay Oyster Restoration.
Section 704(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)(1)) is amended by striking “ $60,000,000” and inserting “ $100,000,000”.
SEC. 1181. Salton Sea, California.
In General.— Section 3032 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1113) is amended—
in the section heading by inserting “ program” after “ restoration”;
in subsection (b)—
in the subsection heading by striking “ Pilot Projects” and inserting “ Program”;
in paragraph (1)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by inserting before subparagraph (B) (as so redesignated) the following:
“(A) Establishment.—The Secretary shall carry out a program to implement projects to restore the Salton Sea in accordance with this section.”
in subparagraph (B) (as redesignated by clause (i)) by striking “ the pilot”; and
in subparagraph (C)(i) (as redesignated by clause (i))—
in the matter preceding subclause (I), by striking “ the pilot projects referred to in subparagraph (A)” and inserting “ the projects referred to in subparagraph (B)”;
in subclause (I) by inserting “ , Salton Sea Authority, or other non-Federal interest” before the semicolon; and
in subclause (II) by striking “ pilot”;
in paragraph (2), in the matter preceding subparagraph (A), by striking “ pilot”; and
in paragraph (3)—
by striking “ pilot” each place it appears; and
by inserting “ , Salton Sea Authority, or other non-Federal interest” after “ State”; and
in subsection (c) by striking “ pilot”.
Clerical Amendment.— The table of contents in section 1(b) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) is amended by striking the item relating to section 3032 and inserting the following:
“3032. Salton Sea restoration program, California.”.
SEC. 1182. Adjustment.
Section 219(f) of the Water Resources Development Act of 1992 (Public Law 102–580) is amended—
in paragraph (25) (113 Stat. 336)—
by inserting “ Berkeley,” before “ Calhoun,”; and
by striking “ Orangeberg, and Sumter” and inserting “ and Orangeberg”; and
in paragraph (78) (121 Stat. 1258)—
in the paragraph heading by striking “ St. clair county,” and inserting “ St. clair county, blount county, and cullman county,”; and
by striking “ St. Clair County,” and inserting “ St. Clair County, Blount County, and Cullman County,”.
SEC. 1183. Coastal Engineering.
In General.— Section 4014(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is amended—
in paragraph (1) by inserting “ Indian tribes,” after “ nonprofit organizations,”;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following:
“(3) give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and the beneficial reuse of dredged materials;”
Interagency Coordination on Coastal Resilience.—
In general.— The Secretary shall convene an interagency working group on resilience to extreme weather, which will coordinate research, data, and Federal investments related to sea level rise, resiliency, and vulnerability to extreme weather, including coastal resilience.
Consultation.— The interagency working group convened under paragraph (1) shall participate in any activity carried out by an organization authorized by a State to study and issue recommendations on how to address the impacts on Federal assets of recurrent flooding and sea level rise, including providing consultation regarding policies, programs, studies, plans, and best practices relating to recurrent flooding and sea level rise in areas with significant Federal assets.
Regional Assessments.—
In general.— The Secretary may conduct regional assessments of coastal and back bay protection and of Federal and State policies and programs related to coastal water resources, including—
an assessment of the probability and the extent of coastal flooding and erosion, including back bay and estuarine flooding;
recommendations for policies and other measures related to regional Federal, State, local, and private participation in shoreline and back bay protection projects;
an evaluation of the performance of existing Federal coastal storm damage reduction, ecosystem restoration, and navigation projects, including recommendations for the improvement of those projects; and
recommendations for the demonstration of methodologies for resilience through the use of natural and nature-based infrastructure approaches, as appropriate.
Cooperation.— In carrying out paragraph (1), the Secretary shall cooperate with—
heads of appropriate Federal agencies;
States that have approved coastal management programs and appropriate agencies of those States;
local governments; and
the private sector.
Streamlining.— In carrying out this section, the Secretary shall—
to the maximum extent practicable, use existing research done by Federal, State, regional, local, and private entities to eliminate redundancies and related costs;
receive from any of the entities described in subsection (c)(2)—
contributed funds; or
research that may be eligible for credit as work-in-kind under applicable Federal law; and
enable each District or combination of Districts of the Corps of Engineers that jointly participate in carrying out an assessment under this section to consider regionally appropriate engineering, biological, ecological, social, economic, and other factors in carrying out the assessment.
Reports.— The Secretary shall submit in the 2019 annual report submitted to Congress in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)) all reports and recommendations prepared under this section, together with any necessary supporting documentation.
SEC. 1184. Consideration of Measures.
Definitions.— In this section, the following definitions apply:
Natural feature.— The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
Nature-based feature.— The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction in coastal areas by acting in concert with natural processes.
Requirement.— In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—
natural features;
nature-based features;
nonstructural measures; and
structural measures.
Report to Congress.—
In general.— Not later than February 1, 2020, and 5 and 10 years 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 on the implementation of subsection (b).
Contents.— The report under paragraph (1) shall include, at a minimum, the following:
A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.
SEC. 1185. Table Rock Lake, Arkansas and Missouri.
In General.— Notwithstanding any other provision of law, the Secretary—
shall include a 60-day public comment period for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan revision; and
shall finalize the revision for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan during the 2-year period beginning on the date of enactment of this Act.
Shoreline Use Permits.— During the period described in subsection (a)(2), the Secretary shall lift or suspend the moratorium on the issuance of new, and modifications to existing, shoreline use permits based on the existing Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan.
Oversight Committee.—
In general.— Not later than 120 days after the date of enactment of this Act, the Secretary shall establish an oversight committee (referred to in this subsection as the “Committee”).
Purposes.— The purposes of the Committee shall be—
to review any permit to be issued under the existing Table Rock Lake Master Plan at the recommendation of the District Engineer; and
to advise the District Engineer on revisions to the new Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan.
Membership.— The membership of the Committee shall not exceed 6 members and shall include—
not more than 1 representative each from the State of Missouri and the State of Arkansas;
not more than 1 representative each from local economic development organizations with jurisdiction over Table Rock Lake; and
not more than 1 representative each representing the boating and conservation interests of Table Rock Lake.
Study.— The Secretary shall—
carry out a study on the need to revise permit fees relating to Table Rock Lake to better reflect the cost of issuing those permits and achieve cost savings;
submit to Congress a report on the results of the study described in subparagraph (A); and
begin implementation of a new permit fee structure based on the findings of the study described in subparagraph (A).
SEC. 1186. Rural Western Water.
Section 595 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 383; 128 Stat. 1316) is amended—
by redesignating subsection (h) as subsection (i);
by inserting after subsection (g) the following:
“(h) Eligibility.—
“(1) In general.—Assistance under this section shall be made available to all eligible States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities.
“(2) Selection of projects.—In selecting projects for assistance under this section, the Secretary shall give priority to a project located in an eligible State or local entity for which the project sponsor is prepared to—
“(A) execute a new or amended project cooperation agreement; and
“(B) commence promptly after the date of enactment of the Water Resources Development Act of 2016.
“(3) Rural projects.—The Secretary shall consider a project authorized under this section and an environmental infrastructure project authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835) for new starts on the same basis as any other similarly funded project.”
; and
in subsection (i) (as redesignated by paragraph (1)) by striking “ which shall—” and all that follows through “ remain” and inserting “ to remain”.
SEC. 1187. Interstate Compacts.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (f).
SEC. 1188. Sense of Congress.
It is the sense of Congress that—
State water quality standards that impact the disposal of dredged material should be developed collaboratively, with input from all relevant stakeholders;
open-water disposal of dredged material should be reduced to the maximum extent practicable; and
where practicable, the preference is for disputes between States related to the disposal of dredged material and the protection of water quality to be resolved between the States in accordance with regional plans and with the involvement of regional bodies.
SEC. 1189. Dredged Material Disposal.
Disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (or successor regulations)) if the disposal violates applicable State water quality standards approved by the Administrator of the Environmental Protection Agency under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).
Subtitle B Studies
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 January 29, 2015, and January 29, 2016, 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:
Ouachita-black rivers, arkansas and louisiana.— Project for navigation, Ouachita-Black Rivers, Arkansas and Louisiana.
Cache creek settling basin, california.— Project for flood damage reduction and ecosystem restoration, Cache Creek Settling Basin, California.
Coyote valley dam, california.— Project for flood control, water conservation, and related purposes, Russian River Basin, California, authorized by the River and Harbor Act of 1950 (64 Stat. 177), to modify the Coyote Valley Dam to add environmental restoration as a project purpose and to increase water supply and improve reservoir operations.
Del rosa channel, city of san bernardino, california.— Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California.
Merced county streams, california.— Project for flood damage reduction, Merced County Streams, California.
Mission-zanja channel, cities of san bernardino and redlands, california.— Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and Redlands, California.
Soboba indian reservation, california.— Project for flood damage reduction, Soboba Indian Reservation, California.
Indian river inlet, delaware.— Project for hurricane and storm damage reduction, Indian River Inlet, Delaware.
Lewes beach, delaware.— Project for hurricane and storm damage reduction, Lewes Beach, Delaware.
Mispillion complex, kent and sussex counties, delaware.— Project for hurricane and storm damage reduction, Mispillion Complex, Kent and Sussex Counties, Delaware.
Daytona beach, florida.— Project for flood damage reduction, Daytona Beach, Florida.
Brunswick harbor, georgia.— Project for navigation, Brunswick Harbor, Georgia.
Dubuque, iowa.— Project for flood damage reduction, Dubuque, Iowa.
St. tammany parish, louisiana.— Project for flood damage reduction and ecosystem restoration, St. Tammany Parish, Louisiana.
Cattaraugus creek, new york.— Project for flood damage reduction, Cattaraugus Creek, New York.
Cayuga inlet, ithaca, new york.— Project for navigation and flood damage reduction, Cayuga Inlet, Ithaca, New York.
Delaware river basin, new york, new jersey, pennsylvania, and delaware.— Projects for flood control, Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, authorized by section 408 of the Act of July 24, 1946 (60 Stat. 644, chapter 596), and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), to review operations of the projects to enhance opportunities for ecosystem restoration and water supply.
Silver creek, hanover, new york.— Project for flood damage reduction and ecosystem restoration, Silver Creek, Hanover, New York.
Stonycreek and little conemaugh rivers, pennsylvania.— Project for flood damage reduction and recreation, Stonycreek and Little Conemaugh Rivers, Pennsylvania.
Tioga-hammond lake, pennsylvania.— Project for ecosystem restoration, Tioga-Hammond Lake, Pennsylvania.
Brazos river, fort bend county, texas.— Project for flood damage reduction in the vicinity of the Brazos River, Fort Bend County, Texas.
Chacon creek, city of laredo, texas.— Project for flood damage reduction, ecosystem restoration, and recreation, Chacon Creek, city of Laredo, Texas.
Corpus christi ship channel, texas.— Project for navigation, Corpus Christi Ship Channel, Texas.
City of el paso, texas.— Project for flood damage reduction, city of El Paso, Texas.
Gulf intracoastal waterway, brazoria and matagorda counties, texas.— Project for navigation and hurricane and storm damage reduction, Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas.
Port of bay city, texas.— Project for navigation, Port of Bay City, Texas.
Chincoteague island, virginia.— Project for hurricane and storm damage reduction, navigation, and ecosystem restoration, Chincoteague Island, Virginia.
Burley creek watershed, kitsap county, washington.— Project for flood damage reduction and ecosystem restoration, Burley Creek Watershed, Kitsap County, Washington.
Savannah river below augusta, georgia.— Project for ecosystem restoration, water supply, recreation, and flood control, Savannah River below Augusta, Georgia.
Johnstown, pennsylvania.— Project for flood damage reduction, Johnstown, Pennsylvania.
SEC. 1202. Additional Studies.
Tulsa and West Tulsa, Arkansas River, Oklahoma.—
In general.— The Secretary shall conduct a study to determine the feasibility of modifying the projects for flood risk management, Tulsa and West Tulsa, Oklahoma, authorized by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377).
Requirements.— In carrying out the study under paragraph (1), the Secretary shall address project deficiencies, uncertainties, and significant data gaps, including material, construction, and subsurface, which render the project at risk of overtopping, breaching, or system failure.
Prioritization to address significant risks.— In any case in which a levee or levee system (as defined in section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301)) is classified as Class I or II under the levee safety action classification tool developed by the Corps of Engineers, the Secretary shall expedite the project for budget consideration.
Cincinnati, Ohio.—
Review.— The Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and the Ohio Riverfront Study, Cincinnati, Ohio, dated August 2002, to determine the feasibility of carrying out flood risk reduction, ecosystem restoration, and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) as a second phase of that project.
Authorization.— The project authorized under section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) is modified to authorize the Secretary to undertake the additional flood risk reduction and ecosystem restoration components described in paragraph (1), at a total cost of $30,000,000, if the Secretary determines that the additional flood risk reduction, ecosystem restoration, and recreation components, considered together, are feasible.
Arctic Deep Draft Port Development Partnerships.— Section 2105 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2243) is amended—
by striking “ (25 U.S.C. 450b))” each place it appears and inserting “ (25 U.S.C. 5304)) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)”;
in subsection (d) by striking “ the Secretary of Homeland Security” and inserting “ the Secretary of the department in which the Coast Guard is operating”; and
by adding at the end the following:
“(e) Consideration of National Security Interests.—In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—
“(1) shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) associated with an Arctic deep draft port;
“(2) shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and
“(3) may consider such benefits in determining whether an Arctic deep draft port is feasible.”
Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana.— The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section 201(a) of the Harbor Development and Navigation Improvement Act of 1986 (Public Law 99–662; 100 Stat. 4090), to deepen the channel approaches and the associated area on the left descending bank of the Mississippi River between mile 98.3 and mile 100.6 Above Head of Passes (AHP) to a depth equal to the Channel.
SEC. 1203. North Atlantic Coastal Region.
Section 4009 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1316) is amended—
in subsection (a) by striking “ conduct a study to determine the feasibility of carrying out projects” and inserting “ carry out a comprehensive assessment and management plan”;
in subsection (b)—
in the subsection heading by striking “ Study” and inserting “ Assessment and Plan”; and
in the matter preceding paragraph (1) by striking “ study” and inserting “ assessment and plan”; and
in subsection (c)(1) by striking “ study” and inserting “ assessment and plan”.
SEC. 1204. South Atlantic Coastal Study.
In General.— The Secretary shall conduct a study of the coastal areas located within the geographical boundaries of the South Atlantic Division of the Corps of Engineers to identify the risks and vulnerabilities of those areas to increased hurricane and storm damage as a result of sea level rise.
Requirements.— In carrying out the study under subsection (a), the Secretary shall—
conduct a comprehensive analysis of current hurricane and storm damage reduction measures with an emphasis on regional sediment management practices to sustainably maintain or enhance current levels of storm protection;
identify risks and coastal vulnerabilities in the areas affected by sea level rise;
recommend measures to address the vulnerabilities described in paragraph (2); and
develop a long-term strategy for—
addressing increased hurricane and storm damages that result from rising sea levels; and
identifying opportunities to enhance resiliency, increase sustainability, and lower risks in—
populated areas;
areas of concentrated economic development; and
areas with vulnerable environmental resources.
Report.— Not later than 4 years after 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 a report recommending specific and detailed actions to address the risks and vulnerabilities of the areas described in subsection (a) due to increased hurricane and storm damage as a result of sea level rise.
SEC. 1205. Texas Coastal Area.
In carrying out the comprehensive plan authorized by section 4091 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1187), the Secretary shall consider studies, data, and information developed by the Gulf Coast Community Protection and Recovery District to expedite completion of the plan.
SEC. 1206. Upper Mississippi and Illinois Rivers.
In General.— The Secretary shall conduct a study of the riverine areas located within the Upper Mississippi River and Illinois River basins to identify the risks and vulnerabilities of those areas to increased flood damages.
Requirements.— In carrying out the study under subsection (a), the Secretary shall—
conduct a comprehensive analysis of flood risk management measures to maintain or enhance current levels of protection;
identify risks and vulnerabilities in the areas affected by flooding;
recommend specific measures and actions to address the risks and vulnerabilities described in paragraph (2);
coordinate with the heads of other appropriate Federal agencies, the Governors of the States within the Upper Mississippi and Illinois River basins, the appropriate levee and drainage districts, nonprofit organizations, and other interested parties;
develop basinwide hydrologic models for the Upper Mississippi River System and improve analytical methods needed to produce scientifically based recommendations for improvements to flood risk management; and
develop a long-term strategy for—
addressing increased flood damages; and
identifying opportunities to enhance resiliency, increase sustainability, and lower risks in—
populated areas;
areas of concentrated economic development; and
areas with vulnerable environmental resources.
Report.— Not later than 4 years after 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 publicly available a report describing the results of the study conducted under subsection (b).
SEC. 1207. Kanawha River Basin.
The Secretary shall conduct studies to determine the feasibility of implementing projects for flood risk management, ecosystem restoration, navigation, water supply, recreation, and other water resource related purposes within the Kanawha River Basin, West Virginia, Virginia, and North Carolina.
Subtitle C Deauthorizations, Modifications, and Related Provisions
SEC. 1301. Deauthorization of Inactive Projects.
Purposes.— The purposes of this section are—
to identify $10,000,000,000 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; and
each project or separable element identified and included on a list to Congress for deauthorization pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
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 $10,000,000,000.
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.
Repeal.— Subsection (a) and subsections (c) through (f) of section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) are repealed.
SEC. 1302. Backlog Prevention.
Project Deauthorization.—
In general.— A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 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 separable element during that period; or
the authorization contained in this Act has been modified by a subsequent Act of Congress.
Identification of projects.— Not later than 60 days after the expiration of the 10-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1).
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 during that period;
a description of the reasons the projects were not completed;
a schedule for the completion of the projects based on expected levels of appropriations; and
a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.
SEC. 1303. Valdez, Alaska.
In General.— Subject to subsection (b), the portion of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigational servitude beginning on the date of enactment of this Act.
Entry by Federal Government.— The Federal Government may enter upon the property referred to in subsection (a) to carry out any required operation and maintenance of the general navigation features of the project referred to in subsection (a).
SEC. 1304. Los Angeles County Drainage Area, Los Angeles County, California.
In General.— The Secretary shall—
prioritize the updating of the water control manuals for control structures for the project for flood control, Los Angeles County Drainage Area, Los Angeles County, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4611); and
integrate and incorporate into the project seasonal operations for water conservation and water supply.
Participation.— The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public.
SEC. 1305. Sutter Basin, California.
In General.— The separable element constituting the locally preferred plan increment reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366) is no longer authorized beginning on the date of enactment of this Act.
Savings Provisions.— The deauthorization under subsection (a) does not affect—
the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366); or
previous authorizations providing for the Sacramento River and major and minor tributaries project, including—
section 2 of the Act of March 1, 1917 (39 Stat. 949, chapter 144);
section 10 of the Act of December 22, 1944 (58 Stat. 900, chapter 665);
section 204 of the Flood Control Act of 1950 (64 Stat. 177, chapter 188); and
any other Acts relating to the authorization for the Sacramento River and major and minor tributaries project along the Feather River right bank between levee stationing 1483+33 and levee stationing 2368+00.
SEC. 1306. Essex River, Massachusetts.
Deauthorization.— The portions of the project for navigation, Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30 Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the areas described in subsection (b) are no longer authorized beginning on the date of enactment of this Act.
Description of Project Areas.— The areas described in this subsection are as follows: Beginning at a point N3056139.82 E851780.21, thence southwesterly about 156.88 feet to a point N3055997.75 E851713.67; thence southwesterly about 64.59 feet to a point N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to a point N3055976.70 E850927.78; thence northwesterly about 58.77 feet to a point N3056002.99 E850875.21; thence northwesterly about 240.57 feet to a point N3056232.82 E850804.14; thence northwesterly about 203.60 feet to a point N3056435.41 E850783.93; thence northwesterly about 78.63 feet to a point N3056499.63 E850738.56; thence northwesterly about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly about 85.56 feet to a point N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet to a point N3056334.36 E850394.03; thence northwesterly about 48.52 feet to a point N3056354.38 E850349.83; thence northeasterly about 83.71 feet to a point N3056436.35 E850366.84; thence northeasterly about 212.38 feet to a point N3056548.70 E850547.07; thence northeasterly about 47.60 feet to a point N3056563.12 E850592.43; thence northeasterly about 101.16 feet to a point N3056566.62 E850693.53; thence southeasterly about 80.22 feet to a point N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a point N3056031.13 E850908.38; thence southeasterly about 38.23 feet to a point N3056014.02 E850942.57; thence southeasterly about 410.93 feet to a point N3055896.06 E851336.21; thence northeasterly about 188.43 feet to a point N3055925.46 E851522.33; thence northeasterly about 135.47 feet to a point N3055992.91 E851639.80; thence northeasterly about 52.15 feet to a point N3056023.90 E851681.75; thence northeasterly about 91.57 feet to a point N3056106.82 E851720.59.
SEC. 1307. Port of Cascade Locks, Oregon.
Extinguishment of Portions of Existing Flowage Easement.— With respect to the properties described in subsection (b), beginning on the date of enactment of this Act, the flowage easements described in subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the ordinary high water line.
Affected Properties.— The properties described in this subsection, as recorded in Hood River County, Oregon, are as follows:
Lots 3, 4, 5, and 7 of the “Port of Cascade Locks Business Park” subdivision, Instrument Number 2014–00436.
Parcels 1, 2, and 3 of Hood River County Partition, Plat Number 2008–25P.
Flowage Easements.— The flowage easements described in this subsection are identified as Tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, and described as follows:
A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25, page 531 (Records of Hood River County, Oregon), in favor of the United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; previously acquired as Tracts OH–36 and OH–41 and a portion of Tract OH–47).
A flowage easement dated October 5, 1936, recorded October 17, 1936, book 25, page 476 (Records of Hood River County, Oregon), in favor of the United States, affecting that portion below the 94-foot contour line above main sea level (304 E1–Perpetual Flowage Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH–042 and a portion of Tract OH–47).
Federal Liabilities; Cultural, Environmental, and Other Regulatory Reviews.—
Federal liability.— The United States shall not be liable for any injury caused by the extinguishment of an easement under this section.
Cultural and environmental regulatory actions.— Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (b).
Effect on Other Rights.— Nothing in this section affects any remaining right or interest of the Corps of Engineers in the properties described in subsection (b).
SEC. 1308. Central Delaware River, Philadelphia, Pennsylvania.
Area To Be Declared Nonnavigable.— Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:
Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.
Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.
Public Interest Determination.— The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.
Limits on Applicability.— The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.
SEC. 1309. Huntingdon County, Pennsylvania.
In General.— The Secretary shall—
prioritize the updating of the master plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182); and
ensure that alternatives for additional recreation access and development at the project are fully assessed, evaluated, and incorporated as a part of the update.
Participation.— The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public.
Inventory.— In carrying out the update under subsection (a), the Secretary shall include an inventory of those lands that are not necessary to carry out the authorized purposes of the project.
SEC. 1310. Rivercenter, Philadelphia, Pennsylvania.
Section 38(c) of the Water Resources Development Act of 1988 (33 U.S.C. 59j–1(c)) is amended—
by striking “ (except 30 years from such date of enactment, in the case of the area or any part thereof described in subsection (a)(5))”; and
by adding at the end the following: “ Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.”.
SEC. 1311. Salt Creek, Graham, Texas.
In General.— The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 278), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Certain Project-Related Claims.— The non-Federal interest for the project shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project.
Transfer.— The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal interest.
Reversion.— If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to the land and improvements thereon shall revert, at the discretion of the Secretary, to the United States.
SEC. 1312. Texas City Ship Channel, Texas City, Texas.
In General.— The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act.
Description.— The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows:
Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–3” set in the top of the Texas City Dike along the east side of Bay Street bears North 56° 14’ 32” West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped “R 4–2” set in the top of the Texas City Dike along the east side of Bay Street bears North 49° 13’ 20” West, a distance of 6,693.64 feet.
Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following 8 courses and distances:
South 75° 49’ 13” East, a distance of 298.08 feet to an angle point of the tract herein described.
South 81° 16’ 26” East, a distance of 170.58 feet to an angle point of the tract herein described.
South 79° 20’ 31” East, a distance of 802.34 feet to an angle point of the tract herein described.
South 75° 57’ 32” East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right.
Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24° 55’ 59”, a chord of South 68° 47’ 35” East – 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left.
Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31° 57’ 42”, a chord of South 66° 10’ 42” East – 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right.
Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02° 04’ 10”, a chord of South 81° 56’ 20” East – 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described.
Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133° 08’ 00”, a chord of South 14° 20’ 15” East – 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described.
Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following 12 courses and distances:
North 78° 01’ 58” West, a distance of 840.90 feet to an angle point of the tract herein described.
North 76° 58’ 35” West, a distance of 976.66 feet to an angle point of the tract herein described.
North 76° 44’ 33” West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left.
Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82° 27’ 32”, a chord of South 62° 01’ 41” West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left.
Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11° 06’ 58”, a chord of South 15° 14’ 26” West – 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described.
South 64° 37’ 11” West, a distance of 146.03 feet to an angle point of the tract herein described.
South 67° 08’ 21” West, a distance of 194.42 feet to an angle point of the tract herein described.
North 34° 48’ 22” West, a distance of 789.69 feet to an angle point of the tract herein described.
South 42° 47’ 10” West, a distance of 161.01 feet to an angle point of the tract herein described.
South 42° 47’ 10” West, a distance of 144.66 feet to a point for the beginning of a tangent curve to the right.
Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central angle of 59° 50’ 28”, a chord of South 72° 42’ 24” West – 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract herein described.
North 77° 22’ 21” West, a distance of 591.41 feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the Texas City Turning Basin for the southwesterly corner of the tract herein described, from which a found U.S. Army Corps of Engineers Brass Cap stamped “SWAN 2” set in the top of a concrete column set flush in the ground along the north bank of Swan Lake bears South 20° 51’ 58” West, a distance of 4,862.67 feet.
Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following 18 courses and distances:
North 01° 34’ 19” East, a distance of 57.40 feet to an angle point of the tract herein described.
North 05° 02’ 13” West, a distance of 161.85 feet to an angle point of the tract herein described.
North 06° 01’ 56” East, a distance of 297.75 feet to an angle point of the tract herein described.
North 06° 18’ 07” West, a distance of 71.33 feet to an angle point of the tract herein described.
North 07° 21’ 09” West, a distance of 122.45 feet to an angle point of the tract herein described.
North 26° 41’ 15” West, a distance of 46.02 feet to an angle point of the tract herein described.
North 01° 31’ 59” West, a distance of 219.78 feet to an angle point of the tract herein described.
North 15° 54’ 07” West, a distance of 104.89 feet to an angle point of the tract herein described.
North 04° 00’ 34” East, a distance of 72.94 feet to an angle point of the tract herein described.
North 06° 46’ 38” West, a distance of 78.89 feet to an angle point of the tract herein described.
North 12° 07’ 59” West, a distance of 182.79 feet to an angle point of the tract herein described.
North 20° 50’ 47” West, a distance of 105.74 feet to an angle point of the tract herein described.
North 02° 02’ 04” West, a distance of 184.50 feet to an angle point of the tract herein described.
North 08° 07’ 11” East, a distance of 102.23 feet to an angle point of the tract herein described.
North 08° 16’ 00” West, a distance of 213.45 feet to an angle point of the tract herein described.
North 03° 15’ 16” West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left.
Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14° 00’ 05”, a chord of North 09° 36’ 03” West – 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right.
Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19° 13’ 34”, a chord of North 13° 52’ 03” East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described.
Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following 15 courses and distances:
North 30° 45’ 02” East, a distance of 189.03 feet to an angle point of the tract herein described.
North 34° 20’ 49” East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right.
Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53’ 37”, a chord of North 33° 14’ 58” East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left.
Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23° 23’ 57”, a chord of North 48° 02’ 53” East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right.
Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24’ 19”, a chord of North 43° 01’ 40” East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described.
North 38° 56’ 50” East, a distance of 126.41 feet to an angle point of the tract herein described.
North 42° 59’ 50” East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right.
Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68° 36’ 31”, a chord of North 57° 59’ 42” East – 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described.
South 77° 14’ 49” East, a distance of 131.60 feet to an angle point of the tract herein described.
South 84° 44’ 18” East, a distance of 86.58 feet to an angle point of the tract herein described.
South 58° 14’ 45” East, a distance of 69.62 feet to an angle point of the tract herein described.
South 49° 44’ 51” East, a distance of 149.00 feet to an angle point of the tract herein described.
South 44° 47’ 21” East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left.
Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98° 53’ 23”, a chord of South 83° 28’ 51” East – 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described.
South 75° 49’ 13” East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.
SEC. 1313. Stonington Harbour, Connecticut.
The portion of the project for navigation, Stonington Harbour, Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288, chapter 73), that consists of the inner stone breakwater that begins at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 degrees west 166.79’ to a point N. 682,165.05, E. 1,231,212.94, running north 69.209 degrees west 380.89’ to a point N. 682,300.25, E. 1,230,856.86, is no longer authorized as a Federal project beginning on the date of enactment of this Act.
SEC. 1314. Red River Below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana.
The portion of the project for flood control with respect to the Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596), consisting of the portion of the West Agurs Levee that begins at lat. 32° 32’ 50.86” N., by long. 93° 46’ 16.82” W., and ends at lat. 32° 31’ 22.79” N., by long. 93° 45’ 2.47” W., is no longer authorized beginning on the date of enactment of this Act.
SEC. 1315. Green River and Barren River, Kentucky.
In General.— Beginning on the date of enactment of this Act, commercial navigation at the locks and dams identified in the report of the Chief of Engineers entitled “Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky” and dated April 30, 2015, shall no longer be authorized, and the land and improvements associated with the locks and dams shall be disposed of—
consistent with this section; and
subject to such terms and conditions as the Secretary determines to be necessary and appropriate in the public interest.
Disposition.—
Green river lock and dam 3.— The Secretary shall convey to the Rochester Dam Regional Water Commission all right, title, and interest of the United States in and to the land associated with Green River Lock and Dam 3, located in Ohio County and Muhlenberg County, Kentucky, together with any improvements on the land.
Green river lock and dam 4.— The Secretary shall convey to Butler County, Kentucky, all right, title, and interest of the United States in and to the land associated with Green River Lock and Dam 4, located in Butler County, Kentucky, together with any improvements on the land.
Green river lock and dam 5.— The Secretary shall convey to the State of Kentucky, a political subdivision of the State of Kentucky, or a nonprofit, nongovernmental organization all right, title, and interest of the United States in and to the land associated with Green River Lock and Dam 5, located in Edmonson County, Kentucky, together with any improvements on the land, for the purposes of—
removing Lock and Dam 5 from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Green river lock and dam 6.—
In general.— The Secretary shall transfer to the Secretary of the Interior administrative jurisdiction over the portion of the land associated with Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the left descending bank of the Green River, together with any improvements on the land, for inclusion in Mammoth Cave National Park.
Transfer to the state of kentucky.— The Secretary shall convey to the State of Kentucky all right, title, and interest of the United States in and to the portion of the land associated with Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the right descending bank of the Green River, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of—
removing Lock and Dam 6 from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Barren river lock and dam 1.— The Secretary shall convey to the State of Kentucky, all right, title, and interest of the United States in and to the land associated with Barren River Lock and Dam 1, located in Warren County, Kentucky, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of—
removing Lock and Dam 1 from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Conditions.—
In general.— The exact acreage and legal description of any land to be disposed of, transferred, or conveyed under this section shall be determined by a survey satisfactory to the Secretary.
Quitclaim deed.— A conveyance under paragraph (1), (2), (4), or (5) of subsection (b) shall be accomplished by quitclaim deed and without consideration.
Administrative costs.— The Secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this section, including the costs of a survey carried out under paragraph (1).
Reversion.— If the Secretary determines that the land conveyed under this section is not used by a non-Federal entity for a purpose that is consistent with the purpose of the conveyance, all right, title, and interest in and to the land, including any improvements on the land, shall revert, at the discretion of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the land.
SEC. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.
The project for navigation at Hannibal Small Boat Harbor on the Mississippi River, Hannibal, Missouri, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188), is no longer authorized beginning on the date of enactment of this Act, and any maintenance requirements associated with the project are terminated.
SEC. 1317. Land Transfer and Trust Land for Muscogee (creek) Nation.
Transfer.—
In general.— Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Muscogee (Creek) Nation.
Conditions.— The land transfer under this subsection shall be subject to the following conditions:
The transfer—
shall not interfere with the Corps of Engineers operation of the Eufaula Lake Project or any other authorized civil works project; and
shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Eufaula Lake Project or any other authorized civil works project.
The Secretary shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this subsection as necessary to carry out an authorized purpose of the Eufaula Lake Project or any other civil works project.
No gaming activities may be conducted on the land transferred under this subsection.
Land Description.—
In general.— The land to be transferred pursuant to subsection (a) is the approximately 18.38 acres of land located in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., McIntosh County, Oklahoma, generally depicted as “USACE” on the map entitled “Muscogee (Creek) Nation Proposed Land Acquisition” and dated October 16, 2014.
Survey.— The exact acreage and legal description of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.
Consideration.— The Muscogee (Creek) Nation shall pay—
to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and
all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of—
the survey under subsection (b)(2);
compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air.
SEC. 1318. Cameron County, Texas.
Release.— As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument effectuating the release of the interests of the United States in certain tracts of land located in Cameron County, Texas, as described in subsection (d).
Additional Terms and Conditions.— The Secretary may require that any release under this section be subject to such additional terms and conditions as the Secretary considers appropriate and necessary to protect the interests of the United States.
Costs of Conveyance.— The Brownsville Navigation District shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the releases.
Description.— The Secretary shall release all or portions of the interests in the following tracts as determined by a survey to be paid for by the Brownsville Navigation District, that is satisfactory to the Secretary:
Tract No. 1: Being 1,277.80 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated September 22, 1932, and recorded at Volume 238, pages 578 through 580, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 361.03 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, and further save and except approximately 165.56 Acres for the existing Dredged Material Placement Area No. 4A1.
Tract No. 2: Being 842.28 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 6, 1938, and recorded at Volume 281, pages 486 through 488, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 178.15 Acres comprised of a strip 562 feet in width, being the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, further save and except approximately 76.95 Acres for the existing Dredged Material Placement Area No. 4A1, and further save and except approximately 74.40 Acres for the existing Dredged Material Placement Area No. 4B1.
Tract No. 3: Being 362.00 Acres as conveyed by the Manufacturing and Distributing University to the United States of America by instrument dated March 3, 1936, and recorded at Volume “R”, page 123, in the Miscellaneous Deed Records of Cameron County, Texas, to be released and abandoned in its entirety.
Tract No. 4: Being 9.48 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated January 23, 1939, and recorded at Volume 293, pages 115 through 118, in the Deed Records of Cameron County, Texas (said 9.48 Acres are identified in said instrument as the “Second Tract”), to be released and abandoned in its entirety, save and except approximately 1.97 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, plus 5.0 feet.
Tract No. 5: Being 10.91 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, by instrument dated March 6, 1939, and recorded at Volume 293, pages 113 through 115, in the Deed Records of Cameron County, Texas (said 10.91 Acres are identified in said instrument as “Third Tract”), to be released and abandoned in its entirety, save and except approximately 0.36 Acre, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.
Tract No. 9: Being 552.82 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 6, 1938, and recorded at Volume 281, pages 483 through 486, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 84.59 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.
Tract No. 10: Being 325.02 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 7, 1935, and recorded at Volume 281, pages 476 through 483, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 76.81 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.
Tract No. 11: Being 8.85 Acres in as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated January 23, 1939, and recorded at Volume 293, Pages 115 through 118, in the Deed Records of Cameron County, Texas (said 8.85 Acres are identified in said instrument as the “First Tract”), to be released and abandoned in its entirety, save and except approximately 0.30 Acres, comprised of the area within the project known as Brazos Island Harbor Deepening, plus 5.0 feet.
Tract No. A100E: Being 13.63 Acres in as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated September 30, 1947, and recorded at Volume 427, page 1 through 4 in the Deed Records of Cameron County, to be released and abandoned in its entirety, save and except approximately 6.60 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the existing project known as Brazos Island Harbor, plus 5.0 feet.
Tract No. 122E: Being 31.4 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated December 11, 1963 and recorded at Volume 756, page 393 in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 4.18 Acres in Share 31 of the Espiritu Santo Grant in Cameron County, Texas, and further save and except approximately 2.04 Acres in Share 7 of the San Martin Grant in Cameron County, Texas, being portions of the area designated by the U.S. Army Corps of Engineers as required for the current project known as Brazos Island Harbor, plus 5.0 feet.
SEC. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Definitions.— In this section, the following definitions apply:
New savannah bluff lock and dam.— The term “New Savannah Bluff Lock and Dam” means—
the lock and dam at New Savannah Bluff, Savannah River, Georgia and South Carolina; and
the appurtenant features to the lock and dam, including—
the adjacent approximately 50-acre park and recreation area with improvements made under the project for navigation, Savannah River below Augusta, Georgia, authorized by the first section of the Act of July 3, 1930 (46 Stat. 924), and the first section of the Act of August 30, 1935 (49 Stat. 1032); and
other land that is part of the project and that the Secretary determines to be appropriate for conveyance under this section.
Project.— The term “Project” means the project for navigation, Savannah Harbor expansion, Georgia, authorized by section 7002(1) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1364).
Deauthorization.—
In general.— Effective beginning on the date of enactment of this Act—
the New Savannah Bluff Lock and Dam is deauthorized; and
notwithstanding section 348(l)(2)(B) of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 Stat. 2763A–228) (as in effect on the day before the date of enactment of this Act) or any other provision of law, the New Savannah Bluff Lock and Dam shall not be conveyed to the city of North Augusta and Aiken County, South Carolina, or any other non-Federal entity.
Repeal.— Section 348 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 Stat. 2763A–228) is amended—
by striking subsection (l); and
by redesignating subsections (m) and (n) as subsections (l) and (m), respectively.
Project Modifications.—
In general.— Notwithstanding any other provision of law, the Project is modified to include, as the Secretary determines to be necessary—
repair of the lock wall of the New Savannah Bluff Lock and Dam and modification of the structure such that the structure is able—
to maintain the pool for navigation, water supply, and recreational activities, as in existence on the date of enactment of this Act; and
to allow safe passage over the structure to historic spawning grounds of shortnose sturgeon, Atlantic sturgeon, and other migratory fish; or
construction at an appropriate location across the Savannah River of a structure that is able to maintain the pool for water supply and recreational activities, as in existence on the date of enactment of this Act; and
removal of the New Savannah Bluff Lock and Dam on completion of construction of the structure; and
conveyance by the Secretary to Augusta-Richmond County, Georgia, of the park and recreation area adjacent to the New Savannah Bluff Lock and Dam, without consideration.
Non-federal cost share.— The Federal share of the cost of any Project feature constructed pursuant to paragraph (1) shall be not greater than the share as provided by section 7002(1) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1364) for the most cost-effective fish passage structure.
Operation and maintenance costs.— The Federal share of the costs of operation and maintenance of any Project feature constructed pursuant to paragraph (1) shall be consistent with the cost sharing of the Project as provided by law.
SEC. 1320. Hamilton City, California.
Section 1001(8) of the Water Resources Development Act of 2007 (121 Stat. 1050) is modified to authorize the Secretary to construct the project at a total cost of $91,000,000, with an estimated Federal cost of $59,735,061 and an estimated non-Federal cost of $31,264,939.
SEC. 1321. Conveyances.
Pearl River, Mississippi and Louisiana.—
In general.— The project for navigation, Pearl River, Mississippi and Louisiana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and section 101 of the River and Harbor Act of 1966 (Public Law 89–789; 80 Stat. 1405), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Transfer.—
In general.— Subject to subparagraphs (B) and (C), the Secretary is authorized to convey to a State or local interest, without consideration, all right, title, and interest of the United States in and to—
any land in which the Federal Government has a property interest for the project described in paragraph (1); and
improvements to the land described in clause (i).
Responsibility for costs.— The transferee shall be responsible for the payment of all costs and administrative expenses associated with any transfer carried out pursuant to subparagraph (A), including costs associated with any land survey required to determine the exact acreage and legal description of the land and improvements to be transferred.
Other terms and conditions.— A transfer under subparagraph (A) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States.
Reversion.— If the Secretary determines that the land and improvements conveyed under paragraph (2) cease to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States.
Sardis Lake, Mississippi.—
In general.— The Secretary is authorized to convey to the lessee, at full fair market value, all right, title, and interest of the United Sates in and to the property identified in the leases numbered DACW38–1–15–7, DACW38–1–15–33, DACW38–1–15–34, and DACW38–1–15–38, subject to such terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States.
Easement and restrictive covenant.— The conveyance under paragraph (1) shall include—
a restrictive covenant to require the approval of the Secretary for any substantial change in the use of the property; and
a flowage easement.
Pensacola Dam and Reservoir, Grand River, Oklahoma.—
In general.— Notwithstanding the Act of June 28, 1938 (52 Stat. 1215, chapter 795), as amended by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwithstanding section 3 of the Act of July 31, 1946 (60 Stat. 744, chapter 710), the Secretary shall convey, by quitclaim deed and without consideration, to the Grand River Dam Authority, an agency of the State of Oklahoma, for flood control purposes, all right, title, and interest of the United States in and to real property under the administrative jurisdiction of the Secretary acquired in connection with the Pensacola Dam project, together with any improvements on the property.
Flood control purposes.— If any interest in the real property described in paragraph (1) ceases to be managed for flood control or other public purposes and is conveyed to a nonpublic entity, the transferee, as part of the conveyance, shall pay to the United States the fair market value for the interest.
No effect.— Nothing in this subsection—
amends, modifies, or repeals any existing authority vested in the Federal Energy Regulatory Commission; or
amends, modifies, or repeals any authority of the Secretary or the Chief of Engineers pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709).
Joe Pool Lake, Texas.— The Secretary shall accept from the Trinity River Authority of Texas, if received on or before December 31, 2016, $31,344,841 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a (relating to project investment costs) of contract number DACW63–76–C–0106 as of the date of enactment of this Act.
SEC. 1322. Expedited Consideration.
In General.— Section 1011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2341a) is amended—
in subsection (a)—
in paragraph (1)(C) by inserting “ restore or” before “ prevent the loss”; and
in paragraph (2)—
in the matter preceding subparagraph (A), by striking “ the date of enactment of this Act” and inserting “ the date of enactment of the Water Resources Development Act of 2016”; and
in subparagraph (A)(ii) by striking “ that—” and all that follows through “ limited reevaluation report”; and
in subsection (b)—
in paragraph (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
in the matter preceding subparagraph (A) (as so redesignated) by striking “ For” and inserting the following:
“(1) In general.—For”
; and
by adding at the end the following:
“(2) Expedited consideration of currently authorized programmatic authorities.—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016, 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 contains—
“(A) a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—
“(i) were authorized or modified in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or any subsequent Act; and
“(ii) that meet the criteria described in paragraph (1); and
“(B) a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.”
Expedited Consideration.—
Expedited completion of flood damage reduction and flood risk management projects.— For authorized projects with a primary purpose of flood damage reduction and flood risk management, the Secretary shall provide priority funding for and expedite the completion of the following projects:
Chicagoland Underflow Plan, Illinois, including stage 2 of the McCook Reservoir, as authorized by section 3(a)(5) of the Water Resources Development Act of 1988 (Public Law 100–676; 102 Stat. 4013) and modified by section 319 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3715) and section 501(b) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 334).
Cedar River, Cedar Rapids, Iowa, as authorized by section 7002(2)(3) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366).
Comite River, Louisiana, authorized as part of the project for flood control, Amite River and Tributaries, Louisiana, by section 101(11) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4802) and modified by section 301(b)(5) of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3709) and section 371 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 321).
Amite River and Tributaries, Louisiana, East Baton Rouge Parish Watershed, as authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 277) and modified by section 116 of title I of division D of Public Law 108–7 (117 Stat. 140) and section 3074 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1124).
The projects described in paragraphs (29) through (33) of section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e)).
Expedited completion of feasibility studies.— The Secretary shall give priority funding and expedite completion of the reports for the following projects, and, if the Secretary determines that a project is justified in the completed report, proceed directly to project preconstruction, engineering, and design in accordance with section 910 of the Water Resources Development Act of 1986 (33 U.S.C. 2287):
The project for navigation, St. George Harbor, Alaska.
The project for flood risk management, Rahway River Basin, New Jersey.
The Hudson-Raritan Estuary Comprehensive Restoration Project.
The project for navigation, Mobile Harbor, Alabama.
The project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona.
The project for flood risk management, Lower San Joaquin River, California. In carrying out the feasibility study for the project, the Secretary shall include Reclamation District 17 as part of the study.
The project for flood risk management and ecosystem restoration, Sacramento River Flood Control System, California.
The project for hurricane and storm damage risk reduction, Ft. Pierce, Florida.
The project for flood risk management, Des Moines and Raccoon Rivers, Iowa.
The project for navigation, Mississippi River Ship Channel, Louisiana.
The project for flood risk management, North Branch Ecorse Creek, Wayne County, Michigan.
Expedited completion of post-authorization change report.— The Secretary shall provide priority funding for, and expedite completion of, a post-authorization change report for the project for hurricane and storm damage risk reduction, New Hanover County, North Carolina.
Completion of projects under construction by non-federal interests.— The Secretary shall expedite review and decision on recommendations for the following projects for flood damage reduction and flood risk management:
Pearl River Basin, Mississippi, authorized by section 401(e)(3) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4132), as modified by section 3104 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1134), submitted to the Secretary under 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 (Public Law 113–121; 128 Stat. 1193)).
Brays Bayou, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4610), as modified by section 211(f)(6) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(f)(6)) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1193)).
Subtitle 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 January 29, 2015, and January 29, 2016, 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 designated in this section:
Navigation.—
| A. State | B.Name | C.Date ofReport ofChief of Engineers | D.EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. TX | Brazos Island Harbor | Nov. 3, 2014 | Federal: $121,023,000 | Non-Federal: $89,453,000 | Total: $210,476,000 |
| 2. LA | Calcasieu Lock | Dec. 2, 2014 | Total: $17,432,000 (to be derived ½ from the general fund of the Treasury and ½ from the Inland Waterways Trust Fund) | ||
| 3. NH, ME | Portsmouth Harbor and Piscataqua River | Feb. 8, 2015 | Federal: $16,015,000 | Non-Federal: $5,338,000 | Total: $21,353,000 |
| 4. FL | Port Everglades | Jun. 25, 2015 | Federal: $229,770,000 | Non-Federal: $107,233,000 | Total: $337,003,000 |
| 5. AK | Little Diomede Harbor | Aug. 10, 2015 | Federal: $26,394,000 | Non-Federal: $2,933,000 | Total: $29,327,000 |
| 6. SC | Charleston Harbor | Sep. 8, 2015 | Federal: $231,239,000 | Non-Federal: $271,454,000 | Total: $502,693,000 |
| 7. AK | Craig Harbor | Mar. 16, 2016 | Federal: $29,456,000 | Non-Federal: $3,299,000 | Total: $32,755,000 |
| 8. PA | Upper Ohio | Sep. 12, 2016 | Total: $2,691,600,000 (to be derived ½ from the general fund of the Treasury and ½ from the Inland Waterways Trust Fund). |
Flood risk management.—
| A. State | B. Name | C.Date ofReport ofChief of Engineers | D.EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. TX | Leon Creek Watershed | Jun. 30, 2014 | Federal: $22,145,000 | Non-Federal: $11,925,000 | Total: $34,070,000 |
| 2. MO, KS | Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas Citys | Jan. 27, 2015 | Federal: $213,271,500 | Non-Federal: $114,838,500 | Total: $328,110,000 |
| 3. KS | City of Manhattan | Apr. 30, 2015 | Federal: $16,151,000 | Non-Federal: $8,697,000 | Total: $24,848,000 |
| 4. TN | Mill Creek | Oct. 16, 2015 | Federal: $17,950,000 | Non-Federal: $10,860,000 | Total: $28,810,000 |
| 5. KS | Upper Turkey Creek Basin | Dec. 22, 2015 | Federal: $25,610,000 | Non-Federal: $13,790,000 | Total: $39,400,000 |
| 6. NC | Princeville | Feb. 23, 2016 | Federal: $14,080,000 | Non-Federal: $7,582,000 | Total: $21,662,000 |
| 7. CA | American River Common Features | Apr. 26, 2016 | Federal: $890,046,900 | Non-Federal: $705,714,100 | Total: $1,595,761,000 |
| 8. CA | West Sacramento | Apr. 26, 2016 | Federal: $788,861,000 | Non-Federal: $424,772,000 | Total: $1,213,633,000. |
Hurricane and storm damage risk reduction.—
| A. State | B.Name | C.Date ofReport ofChief ofEngineers | D.Estimated InitialCosts andEstimatedRenourishmentCosts | |||||
|---|---|---|---|---|---|---|---|---|
| 1. SC | Colleton County | Sep. 5, 2014 | Initial Federal: $14,448,000 | Initial Non-Federal: $7,780,000 | Initial Total: $22,228,000 | Renourishment Federal: $17,491,000 | Renourishment Non-Federal: $17,491,000 | Renourishment Total: $34,982,000 |
| 2. FL | Flagler County | Dec. 23, 2014 | Initial Federal: $9,561,000 | Initial Non-Federal: $5,149,000 | Initial Total: $14,710,000 | Renourishment Federal: $15,814,000 | Renourishment Non-Federal: $15,815,000 | Renourishment Total: $31,629,000 |
| 3. NC | Carteret County | Dec. 23, 2014 | Initial Federal: $25,468,000 | Initial Non-Federal: $13,714,000 | Initial Total: $39,182,000 | Renourishment Federal: $120,428,000 | Renourishment Non-Federal: $120,429,000 | Renourishment Total: $240,857,000 |
| 4. NJ | Hereford Inlet to Cape May Inlet, Cape May County | Jan. 23, 2015 | Initial Federal: $14,823,000 | Initial Non-Federal: $7,981,000 | Initial Total: $22,804,000 | Renourishment Federal: $43,501,000 | Renourishment Non-Federal: $43,501,000 | Renourishment Total: $87,002,000 |
| 5. LA | West Shore Lake Pontchartrain | Jun. 12, 2015 | Federal: $483,496,650 | Non-Federal: $260,344,350 | Total: $743,841,000 | |||
| 6. CA | San Diego County | Apr. 26, 2016 | Initial Federal: $20,953,000 | Initial Non-Federal: $11,282,000 | Initial Total: $32,235,000 | Renourishment Federal: $70,785,000 | Renourishment Non-Federal: $70,785,000 | Renourishment Total: $141,570,000. |
Ecosystem restoration.—
| A. State | B.Name | C.Date ofReport of Chief of Engineers | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. FL | Central Everglades | Dec. 23, 2014 | Federal: $993,131,000 | Non-Federal: $991,544,000 | Total: $1,984,675,000 |
| 2. WA | Skokomish River | Dec. 14, 2015 | Federal: $13,168,000 | Non-Federal: $7,091,000 | Total: $20,259,000 |
| 3. WA | Puget Sound | Sep. 16, 2016 | Federal: $300,009,000 | Non-Federal: $161,543,000 | Total: $461,552,000. |
Flood risk management and ecosystem restoration.—
| A. State | B.Name | C.Date ofReport of Chief of Engineers | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. IL, WI | Upper Des Plaines River and Tributaries | Jun. 8, 2015 | Federal: $204,860,000 | Non-Federal: $110,642,000 | Total: $315,502,000. |
Flood risk management, ecosystem restoration, and recreation.—
| A. State | B.Name | C.Date ofReport of Chief of Engineers | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. CA | South San Francisco Bay Shoreline | Dec. 18, 2015 | Federal: $70,511,000 | Non-Federal: $106,689,000 | Total: $177,200,000. |
Ecosystem restoration and recreation.—
| A. State | B.Name | C.Date ofReport of Chief of Engineers | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. OR | Willamette River | Dec. 14, 2015 | Federal: $19,531,000 | Non-Federal: $10,845,000 | Total: $30,376,000 |
| 2. CA | Los Angeles River | Dec. 18, 2015 | Federal: $373,413,500 | Non-Federal: $1,046,893,500 | Total: $1,420,307,000. |
Hurricane and storm damage risk reduction and ecosystem restoration.—
| A. State | B.Name | C.Date ofReport of Chief of Engineers | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. LA | Southwest Coastal Louisiana | Jul. 29, 2016 | Federal: $2,054,386,100 | Non-Federal: $1,106,207,900 | Total: $3,160,594,000. |
Modifications and other projects.—
| A. State | B.Name | C.Date ofDecision Document | D. EstimatedCosts | ||
|---|---|---|---|---|---|
| 1. TX | Upper Trinity River | May 21, 2008 | Federal: $526,500,000 | Non-Federal: $283,500,000 | Total: $810,000,000 |
| 2. KS, MO | Turkey Creek Basin | May 13, 2016 | Federal: $101,491,650 | Non-Federal: $54,649,350 | Total: $156,141,000 |
| 3. KY | Ohio River Shoreline | May 13, 2016 | Federal: $20,309,900 | Non-Federal: $10,936,100 | Total: $31,246,000 |
| 4. MO | Blue River Basin | May 13, 2016 | Federal: $36,326,250 | Non-Federal: $12,108,750 | Total: $48,435,000 |
| 5. FL | Picayune Strand | Jul. 15, 2016 | Federal: $313,166,000 | Non-Federal: $313,166,000 | Total: $626,332,000 |
| 6. MO | Swope Park Industrial Area, Blue River | Jul. 15, 2016 | Federal: $21,033,350 | Non-Federal: $11,325,650 | Total: $32,359,000 |
| 7. AZ | Rio de Flag, Flagstaff | Sep. 21, 2016 | Federal: $66,844,900 | Non-Federal: $36,039,100 | Total: $102,884,000 |
| 8. TX | Houston Ship Channel | Nov. 4, 2016 | Federal: $381,773,000 | Non-Federal: $127,425,000 | Total: $509,198,000. |
SEC. 1402. Special Rules.
Mill Creek.— The portion of the project for flood risk management, Mill Creek, Tennessee, authorized by section 1401(2) of this Act that consists of measures within the Mill Creek basin shall be carried out pursuant to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Los Angeles River.— The Secretary shall carry out the project for ecosystem restoration and recreation, Los Angeles River, California, authorized by section 1401(7) of this Act substantially in accordance with terms and conditions described in the Report of the Chief of Engineers, dated December 18, 2015, including, notwithstanding section 2008(c) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the recommended cost share.
Upper Trinity River.— Not more than $5,500,000 may be expended to carry out recreation features of the Upper Trinity River project, Texas, authorized by section 1401(9) of this Act.