(a) Short title
This Act may be cited as the Water Resources Development Act of 2024.
(b) Table of contents
The table of contents for this Act is as follows:
Section 2. Secretary defined
In this Act, the term Secretary means the Secretary of the Army.
(a) Community project advisor
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a single office to assist non-Federal interests in accessing Federal resources related to water resources development projects, which shall be headed by a community project advisor appointed by the Secretary.
(b) Responsibilities
The community project advisor appointed under this section shall—
(1) provide guidance to potential non-Federal interests on accessing programs, services, and other assistance made available by the Corps of Engineers relating to water resources development projects, including under—
(A) continuing authority programs (as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d));
(B) section 14 of the Act of March 3, 1899 (33 U.S.C. 408);
(C) section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a);
(D) section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16);
(E) section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231);
(F) section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232);
(G) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269);
(H) section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note); and
(I) the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.);
(2) conduct outreach and workshops for potential non-Federal interests to provide information on such assistance, including processes for accessing such assistance; and
(3) identify programs, services, and other assistance made available by other Federal and State agencies relating to water resources development projects for purposes of advising potential non-Federal interests on the best available applicable assistance.
(c) Prioritization
In carrying out activities under this section, to the maximum extent practicable, the community project advisor shall prioritize providing assistance with respect to water resources development projects that will benefit a rural community, a small community, or a community described in the guidance issued by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
(1) Development
In carrying out this section, the Secretary shall develop an online, interactive portal that—
(A) contains information relating to the assistance described in subsection (b); and
(B) can be used by a potential non-Federal interest as a succinct guide to accessing such assistance based on the applicable potential water resources development project.
(2) Availability
The Secretary shall ensure that the portal developed under paragraph (1) is made available in a prominent location on the public-facing website of the headquarters of the Corps of Engineers and of each district and division of the Corps of Engineers.
(a) Real estate plan
The Secretary shall provide to the non-Federal interest for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for construction, operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.
(1) In general
For each authorized water resources development project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Secretary shall identify the minimum interest in the property necessary to carry out the applicable activity.
(2) Determination
In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—
(A) such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and
(B) the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.
(c) Requirement
The non-Federal interest for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under subsection (b).
(d) Annual report
The Secretary shall annually 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 containing—
(1) a summary of all instances in which the Secretary identified under subsection (b) fee simple title as the minimum interest necessary with respect to an activity for which the non-Federal interest requested the use of an interest less than fee simple title; and
(2) with respect to each such instance, a description of the legal requirements that resulted in identifying fee simple title as the minimum interest.
(e) Existing agreements
At the request of a non-Federal interest, an agreement entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) between the Secretary and the non-Federal interest before the date of enactment of this Act may be amended to reflect the requirements of this section.
(a) In general
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking may undertake a federally authorized feasibility study of a proposed water resources development project, or, and inserting the following:
(i) may undertake and submit to the Secretary—
(A) a federally authorized feasibility study of a proposed water resources development project; or
(ii) by striking upon the written approval and inserting the following:
(B) upon the determination
(iii) in subparagraph (B) (as so designated)—
(I) by striking undertake; and
(II) by striking, and submit the study to the Secretary and inserting or constructed by a non-Federal interest pursuant to section 204;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A)—
(I) by striking, as soon as practicable,; and
(II) by striking non-Federal interests to and inserting non-Federal interests that;
(ii) by striking subparagraph (A) and inserting the following:
(A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;
(iii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
(C) provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and
(D) provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.
(iv) ; and
(C) by adding at the end the following:
(3) Determination
If a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project.
(2) in subsection (b)—
(A) in paragraph (3)—
(i) in subparagraph (B), by striking receives a request under this paragraph and inserting receives a study submission under subsection (a) or receives a request under subparagraph (A); and
(ii) by adding at the end the following:
(C) Additional information required
The Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection (a) or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information.
(B) by striking paragraph (4) and inserting the following:
(4) Notification
Upon receipt of a study submission under subsection (a) or receipt of a request under paragraph (3)(A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline.
(B) ; and
(C) in paragraph (5), by striking receiving a request under paragraph (3) and inserting receiving a study submission under subsection (a) or a request under paragraph (3)(A);
(3) in subsection (d)—
(A) by striking If a project and inserting the following:
(1) In general
If a project
(B) by inserting or modification to the project before an amount equal to; and
(C) by adding at the end the following:
(2) Maximum amount
Any credit provided to a non-Federal interest under this subsection may not exceed the maximum Federal cost for a feasibility study initiated by the Secretary under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)).
(C) ; and
(4) by adding at the end the following:
(b) Guidance
Not later than 18 months after the date of enactment of this Act, the Secretary shall update any guidance as necessary to reflect the amendments made by this section.
(c) Implementation
Any non-Federal interest that has entered in a written agreement with the Secretary related to carrying out a feasibility study pursuant to section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) before the date of enactment of this Act may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section.
(a) In general
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended—
(1) in subsection (c)(1)—
(A) by striking an appropriate non-Federal interest and inserting a non-Federal interest carrying out a project, or separable element of a project, under this section;
(B) by striking on construction for any project and inserting for the construction of any project or separable element; and
(C) by inserting, consistent with the authorized cost share for the project, after United States funds;
(2) in subsection (d)—
(A) in paragraph (1)(A), by striking clauses (i) through (iii) and inserting the following:
(i) the non-Federal interest—
(I) enters into a written agreement with the Secretary under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project;
(II) makes any information relevant to carrying out the project available to the Secretary to review; and
(III) identifies features of the project or separable element that are outside the scope of the authorized project; and
(ii) the Secretary—
(I) reviews the plans for construction by the non-Federal interest;
(II) determines the project outputs are consistent with the authorized project and construction would not result in life safety concerns;
(III) determines that the plans comply with applicable Federal laws and regulations; and
(IV) verifies that the construction documents, including supporting information, have been signed by an Engineer of Record; and
(B) in paragraph (3)—
(i) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the following:
(B) the non-Federal interest has obligated or expended funds for the cost of a discrete segment or separable element thereof and has requested reimbursement of the Federal share of the cost of the discrete segment or separable element;
(ii) ; and
(iii) in subparagraph (C) (as so redesignated), by inserting, discrete segment of the project, or separable element of the project, after the project;
(C) in paragraph (5)—
(i) by striking subparagraph (A)(ii) and inserting the following:
(ii) before the review and approval of plans under paragraph (1)(A)(ii), the Secretary makes the determinations required under subclauses (II) and (III) of paragraph (1)(A)(ii) with respect to the discrete segment.
(ii) in subparagraph (B)(ii), by striking plans approved under paragraph (1)(A)(i) and inserting the plans reviewed under paragraph (1)(A)(ii);
(iii) in subparagraph (C)(i), by striking paragraph (1)(A)(iii) and inserting paragraph (1)(A)(i); and
(iv) in subparagraph (D)(i) by striking paragraph (1)(A)(iii) and inserting paragraph (1)(A)(i); and
(D) by adding at the end the following:
(6) Exclusions
The Secretary may not provide credit or reimbursement for—
(A) activities required by the non-Federal interest to initiate design and construction that would otherwise not be required by the Secretary; or
(B) delays incurred by the non-Federal interest resulting in project cost increases.
(D) ; and
(3) by adding at the end the following:
(b) Guidance
Not later than 18 months after the date of enactment of this Act, the Secretary shall update any guidance as necessary to reflect the amendments made by this section.
(c) Implementation
Any non-Federal interest that has entered in a written agreement with the Secretary to carry out a water resources development project pursuant to section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) before the date of enactment of this Act may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section.
Section 106. Review process
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended—
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following:
(1) Consistency
The Secretary shall establish a single office within the Corps of Engineers with the expertise to provide consistent and timely recommendations under subsection (a) for applications for permission submitted pursuant to such subsection.
(2) Preapplication meeting
At the request of a non-Federal entity that is planning on submitting an application for permission pursuant to subsection (a), the Secretary, acting through the office established under paragraph (1), shall meet with the non-Federal entity to—
(A) provide clear, concise, and specific technical requirements for non-Federal entity to use in the development of the application;
(B) recommend the number of design packages to submit for the proposed action, and the stage of development at which to submit such packages; and
(C) identify potential concerns or conflicts with such proposed actions.
(3) Contributed funds
The Secretary may use funds accepted from a non-Federal entity under subsection (b)(3) for purposes of conducting a meeting described in paragraph (2).
(1) ; and
(2) in subsection (d), as so redesignated—
(A) in paragraph (1), by striking the Secretary shall inform and inserting the Secretary, acting through the head of the office established under subsection (c), shall inform; and
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking the Secretary shall and inserting the Secretary, acting through the head of the office established under subsection (c), shall.
(a) Electronic system
Section 2040(a) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(a)) is amended—
(1) in the subsection heading, by striking Development of electronic and inserting Electronic;
(2) by amending paragraph (1) to read as follows:
(1) In general
The Secretary shall implement an electronic system to allow the electronic—
(A) preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary; and
(B) tracking of documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.
(3) in paragraph (2)—
(A) in subparagraph (E), by striking; and and inserting a semicolon;
(B) in subparagraph (F), by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(G) documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.
(C) ; and
(4) by adding at the end the following:
(5) Coordination with other agencies
To the maximum extent practicable, the Secretary shall use the electronic system required under paragraph (1) to enhance interagency coordination in the preparation of documents related to Federal environmental reviews.
(b) System requirements
Section 2040(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(b)) is amended—
(1) in paragraph (4), by striking; and and inserting a semicolon;
(2) in paragraph (5)(C), by striking the period at the end and inserting; and; and
(3) by adding at the end the following:
(6) enable a non-Federal interest for a project to—
(A) submit information related to the preparation of any Federal environmental review document associated with the project; and
(B) track the status of a Federal environmental review associated with the project.
(c) Record retention
Section 2040(d) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(d)) is amended—
(1) in the subsection heading, by striking Record of determinations and inserting Record retention;
(2) in paragraph (1), by inserting, and all Federal environmental review documents included in the electronic system before the period at the end; and
(3) in paragraph (2), by inserting and all Federal environmental review documents included in the electronic system, before after the 5-year.
(d) Availability of records
Section 2040(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(e)) is amended—
(1) in the subsection heading, by striking determinations and inserting records; and
(2) in paragraph (1), by inserting, and all final Federal environmental review documents included in the electronic system, before available to the public.
(e) Deadline for electronic system implementation
Section 2040(f)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(f)(1)) is amended by striking 2 years after the date of enactment of the Water Resources Development Act of 2022 and inserting 1 year after the date of enactment of the Water Resources Development Act of 2024.
(f) Applicability
Section 2040(g) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(g)) is amended by inserting, and the requirements described in subsections (d) and (e) relating to Federal environmental documents shall apply with respect to Federal environmental review documents that are prepared after the date of enactment of the Water Resources Development Act of 2024 before the period at the end.
(1) Consistency
Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended by adding at the end the following:
(i) Consistency with E-NEPA
In carrying out this section, the Secretary shall take into consideration the results of the permitting portal study conducted pursuant to the amendment made by section 321(b) of the Fiscal Responsibility Act of 2023 (137 Stat. 44).
(2) Cooperation
The Secretary shall cooperate with the Council on Environmental Quality in conducting the permitting portal study required pursuant to the amendment made by section 321(b) of the Fiscal Responsibility Act of 2023 (137 Stat. 44).
(h) Conforming amendment
Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended in the section heading by striking permit applications and inserting permit applications and other documents.
(a) In general
Section 1001(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)) is amended—
(1) in paragraph (1), by striking of initiation and inserting on which the Secretary determines the Federal interest for purposes of the report pursuant to section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)); and
(2) in paragraph (2)—
(A) by striking cost of $3,000,000; and and inserting the following:
(A) cost of—
(A) $3,000,000 for a project with an estimated construction cost of less than $500,000,000; and
(A) ; and
(B) by adding at the end the following:
(B) $5,000,000 for a project with an estimated construction cost of greater than or equal to $500,000,000; and
(b) Adjustment
Section 905(b)(2)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)(2)(B)) is amended by striking $200,000 and inserting $300,000.
(c) Conforming amendment
Section 905(b)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)(4)) is amended by striking (A) Timing.— and all that follows through The cost of and inserting The cost of.
(a) In general
Section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)) is amended—
(1) by striking paragraph (2) and inserting the following:
(A) In general
Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual, or any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if—
(i) in coordination with the Secretary, the non-Federal interest develops a systemwide improvement plan that—
(I) identifies any items of deferred or inadequate maintenance and upkeep, including any such items identified by the Secretary or through periodic inspection of the flood control work;
(II) identifies any additional measures, including repair and rehabilitation work, that the Secretary determines necessary to ensure that the flood control work performs as designed and intended; and
(III) includes specific timelines for addressing such items and measures; and
(ii) the Secretary—
(I) determines that the systemwide improvement plan meets the requirements of clause (i); and
(II) determines that the non-Federal interest makes satisfactory progress in meeting the timelines described in clause (i)(III).
(B) Grandfathered encroachments
At the request of the non-Federal interest, the Secretary—
(i) shall review documentation developed by the non-Federal interest showing a covered encroachment does not negatively impact the integrity of the flood control work;
(ii) shall make a written determination with respect to whether removal or modification of such covered encroachment is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work; and
(iii) may not determine that a covered encroachment is a deficiency requiring corrective action unless such action is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work.
(1) ; and
(2) in paragraph (4), by adding at the end the following:
(C) Covered encroachment
The term covered encroachment means a permanent nonproject structure that—
(i) is located inside the boundaries of a flood control work;
(ii) is depicted on construction drawings or operation and maintenance plans for the flood control work that are signed by an engineer of record; and
(iii) is determined, by the Secretary, to be an encroachment of such flood control work.
(b) Conforming amendment
Section 3011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 701n note) is repealed.
(c) Transition
The amendments made by this section shall have no effect on any written agreement signed by the Secretary and a non-Federal interest pursuant to section 5(c)(2) of the Act of August 18, 1941 (as in effect on the day before the date of enactment of this Act) if the non-Federal interest otherwise continues to meet the requirements of section 5(c)(2) as in effect on the day before the date of enactment of this Act.
(d) Participation in preparedness exercises
The Secretary may not condition the eligibility of a non-Federal interest for rehabilitation assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) on the participation of the non-Federal interest in disaster preparedness exercises that are unrelated to necessary repairs, rehabilitation, maintenance, and upkeep of a flood control work.
Section 110. Fish and wildlife mitigation
Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
(1) in subsection (d)—
(A) in paragraph (1)—
(i) by striking After November 17, 1986, the Secretary and inserting The Secretary; and
(ii) by striking shall not submit and all that follows through unless such report contains and inserting may not approve any proposal related to a water resources project unless the Secretary has prepared a report relating to the project that contains;
(B) in paragraph (2)—
(i) by striking The Secretary and inserting the following:
(A) In general
The Secretary
(i) ; and
(ii) by adding at the end the following:
(B) Identification
The Secretary shall consult with the non-Federal interest for a water resources project, and other stakeholders, to the maximum extent practicable—
(i) to identify mitigation implementation practices or accepted assessment methodologies used in the region of the water resources project and incorporate such practices and methodologies into the mitigation plan for such project; and
(ii) to identify projects that have not been constructed, or concepts described in mitigation plans for other water resources projects, that may be used to meet the restoration or mitigation needs of the water resources project.
(ii) ; and
(C) in paragraph (3)(B)(iv)(I), by inserting or a description of the requirements for a third-party mitigation instrument that would be developed in the case that a contract for future delivery of credits will be used after to be used;
(2) in subsection (i)(1)(A)—
(A) in clause (i), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after banks; and
(B) in clause (ii), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after programs; and
(3) by adding at the end the following:
(l) Separable elements
Mitigation of fish and wildlife losses required under this section that is provided in the form of credit shall be considered a separable element of a project without requiring further evaluation.
(m) Transparency
The Secretary shall ensure that—
(1) the mitigation requirements for each water resources project—
(A) are made publicly available (including on a website of the headquarters of the Corps of Engineers); and
(B) include the location of the project, the anticipated schedule for mitigation, the type of mitigation required, the amount of mitigation required, and the remaining mitigation needs;
(2) the mitigation plan for such project is made publicly available, as applicable;
(3) the information described in paragraph (1) is updated regularly; and
(4) carrying out the requirements of this subsection with respect to each water resources project is considered a project expense.
(n) Coordination
To the maximum extent practicable, the Secretary shall ensure that the project delivery team and regulatory team of the Corps of Engineers work in coordination to successfully carry out mitigation efforts.
(a) Construction
Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended by striking 50 feet each place it appears and inserting 55 feet.
(b) Operation and maintenance
Section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by striking 50 feet and inserting 55 feet.
Section 112. Emerging harbors
Not later than 90 days after the date of enactment of this Act, the Secretary shall—
(1) issue guidance for the purpose of carrying out section 210(c)(3)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)(B)); and
(2) develop a mechanism to accept the non-Federal share of funds from a non-Federal interest for maintenance dredging carried out under such section.
Section 113. Remote and subsistence harbors
Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—
(1) in subsection (a), by striking paragraphs (1) through (3) and inserting the following:
(1) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and
(A) over 80 percent of the goods transported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of information provided by the non-Federal interest; or
(B) the long-term viability of the community 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, would be threatened without the harbor and navigation improvement.
(1) ; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking benefits of the project to and inserting benefits of the project to any of; and
(B) in paragraph (4), by striking; and and inserting; or.
Section 114. Additional projects for underserved community harbors
Section 8132 of the Water Resources Development Act of 2022 (33 U.S.C. 2238e) is amended—
(1) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking section based on an assessment of and all that follows through the local or regional economic benefits of the project; and inserting the following:
(A) section—
(1) based on an assessment of—
(A) the local or regional economic benefits of the project;
(B) by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively (and by conforming the margins accordingly);
(C) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting; and; and
(D) by adding at the end the following:
(2) that are located—
(A) in a harbor where passenger and freight service is provided to island communities dependent on that service; or
(B) in a lake, or any related connecting channels, within the United States that is included in the Boundary Waters Treaty of 1909.
(2) in subsection (g)(2), in the matter preceding subparagraph (A), by inserting, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, before for which; and
(3) by adding at the end the following:
(i) Projects for marina or berthing areas
The Secretary may carry out not more than 10 projects under this section that are projects for an underserved community harbor that is a marina or berthing area described in subsection (g)(2).
Section 115. Inland waterways regional dredge pilot program
Section 8133(c) of the Water Resources Development Act of 2022 (136 Stat. 3720) is amended to read as follows:
(c) Projects
In awarding contracts under subsection (a), the Secretary shall consider projects that—
(1) improve navigation reliability on inland waterways that are accessible year-round;
(2) increase freight capacity on inland waterways; and
(3) have the potential to enhance the availability of containerized cargo on inland waterways.
Section 116. Dredged material disposal facility partnerships
Section 217(b) of the Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) is amended—
(1) by amending paragraph (1) to read as follows:
(A) Non-Federal use
The Secretary—
(i) at the request of a non-Federal entity, may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by the non-Federal entity if the Secretary determines that such use will not reduce the availability of the facility for the authorized water resources development project on a channel in the vicinity of the disposal facility;
(ii) at the request of a non-Federal entity, shall permit the non-Federal entity to use a non-Federal disposal facility for the disposal of material dredged by the non-Federal entity, regardless of any connection to a Federal navigation project, if—
(I) permission for such use has been granted by the owner of the non-Federal disposal facility; and
(II) the Secretary determines that the dredged material disposal needs required to maintain, perform authorized deepening, or restore the navigability and functionality of authorized navigation channels in the vicinity of the non-Federal disposal facility for the 20-year period following the date of the request, including all planned and routine dredging operations necessary to maintain such channels for the authorized purposes during such period, can be met by the available gross capacity of other dredged material disposal facilities in the vicinity of the non-Federal disposal facility; and
(iii) shall impose fees to recover capital, operation, and maintenance costs associated with such uses.
(B) Determinations
The Secretary shall—
(i) delegate determinations under clauses (i) and (ii)(II) of subparagraph (A) to the District Commander of the district in which the relevant disposal facility is located; and
(ii) make such determinations not later than 90 days after receiving the applicable request.
(2) in paragraph (2)—
(A) in the paragraph heading, by striking Use of fees and inserting Fees;
(B) by striking Notwithstanding and inserting the following:
(A) Use
Notwithstanding
(B) ; and
(C) by adding at the end the following:
(B) Reduction in amount
In collecting any fee under this subsection, the Secretary shall reduce the amount imposed under paragraph (1)(A)(iii) to account for improvements made to the non-Federal disposal facility by the non-Federal entity to recover the capacity of the non-Federal disposal facility.
(C) ; and
(3) by adding at the end the following:
(A) Requirement
Upon request by the owner of a non-Federal disposal facility, the Secretary shall carry out a disposition study of the non-Federal disposal facility, in accordance with section 1168 of the Water Resources Development Act of 2018 (33 U.S.C. 578b), if—
(i) the Secretary has not used the non-Federal disposal facility for the disposal of dredged material during the 20-year period preceding the date of the request; and
(ii) the Secretary determines that the non-Federal disposal facility is not needed for such use by the Secretary during the 20-year period following the date of the request.
(B) Conclusive presumptions
For purposes of carrying out a disposition study required under subparagraph (A), the Secretary shall—
(i) consider the non-Federal disposal facility to be a separable element of a project; and
(ii) consider a Federal interest in the non-Federal disposal facility to no longer exist.
(4) Definitions
In this subsection:
(A) Gross capacity
The term gross capacity means the total quantity of dredged material that may be placed in a dredged material disposal facility, taking into consideration any additional capacity that can be constructed at the facility.
(B) Non-Federal disposal facility
The term non-Federal disposal facility means a dredged material disposal facility under the jurisdiction of, or managed by, the Secretary that is owned by a non-Federal entity.
(a) Beneficial use of dredged material
Section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note) is amended—
(1) in subsection (a)—
(A) by striking Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program and inserting The Secretary is authorized; and
(B) by striking paragraph (1) and inserting the following:
(1) promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking the pilot program and inserting this section;
(B) by striking paragraph (1) and inserting the following:
(1) identify and carry out projects for the beneficial use of dredged material;
(3) in subsection (c)(1)—
(A) by striking In carrying out the pilot program, the and inserting The; and
(B) by striking under the pilot program and inserting under this section;
(4) in subsection (d), in the matter preceding paragraph (1), by striking the pilot program and inserting this section;
(5) in subsection (f)—
(A) in paragraph (1), by striking the pilot program and inserting this section; and
(B) in paragraph (4), by striking the pilot program and inserting the implementation of this section; and
(6) by striking subsection (g) and redesignating subsection (h) as subsection (g).
(b) Regional sediment management
Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—
(1) in subsection (a)(1), by striking rehabilitation of projects and inserting rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),; and
(2) in subsection (f), by adding at the end the following:
(12) Osceola County, Florida.
(c) Beneficial use of dredged material
Section 125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g) is amended—
(1) by striking It is the policy and inserting the following:
(A) Policy
It is the policy
(1) ; and
(2) by adding at the end the following:
(B) National goal
To the greatest extent practicable, the Secretary shall ensure that not less than 70 percent by tonnage of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.
(d) Maximization of beneficial use in dredged material management plans
Each dredged material management plan for a federally authorized water resources development project, and each regional sediment plan developed under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), including any such plan under development on the date of enactment of this Act, shall—
(1) maximize the beneficial use of suitable dredged material; and
(2) to the maximum extent practicable, prioritize the use of such dredged material in water resources development projects in areas vulnerable to coastal land loss or shoreline erosion.
(e) Transfer of suitable dredged material
The Secretary is authorized to transfer to a non-Federal interest at no cost, for the purpose of beneficial use, suitable dredged material that the Secretary has determined is in excess of the amounts of such material identified as needed for use by the Secretary.
(a) Model development
The Secretary, in collaboration with other Federal and State agencies, National Laboratories, and nonprofit research institutions (including institutions of higher education and centers and laboratories focused on economics or water resources), shall develop, update, and maintain economic, hydraulic, and hydrologic models, including models for compound flooding, for use in the planning, design formulation, modification, and operation of water resources development projects and water resources planning.
(b) Coordination and use of models and data
In carrying out subsection (a), to the extent practicable, the Secretary shall—
(1) work with the non-Federal interest for a water resources development project to identify existing relevant economic, hydraulic, and hydrologic models and data;
(2) utilize, where appropriate, economic, hydraulic, and hydrologic models and data provided to the Secretary by the agencies, laboratories, and institutions described in subsection (a); and
(3) upon written request by a non-Federal interest for a project, provide to the non-Federal interest draft or working economic, hydraulic, and hydrologic models, and any data generated by such models with respect to the project, not later than 30 days after receiving such request; and
(4) in accordance with section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342), make final economic, hydraulic, and hydrologic models, and any data generated by such models, available to the public, as quickly as practicable, but not later than 30 days after receiving a written request for such models or data.
(c) Model outputs
To the extent practicable and appropriate, the Secretary shall incorporate data generated by models developed under this section into the formulation of feasibility studies for, and the operation of, water resources development projects.
(d) Funding
The Secretary is authorized to transfer to other Federal and State agencies, National Laboratories, and nonprofit research institutions, including institutions of higher education, such funds as may be necessary to carry out subsection (a) from amounts available to the Secretary.
(e) In-Kind contribution credit
A partnership agreement entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) may provide, at the request of the non-Federal interest for the applicable project, that the Secretary credit toward the non-Federal share of the cost of the project the value of economic, hydraulic, and hydrologic models required for the project that are developed by the non-Federal interest in accordance with any policies and guidelines applicable to the relevant partnership agreement pursuant to such section.
(f) Review
The Secretary shall review economic, hydraulic, and hydrologic models developed under this section in the same manner as any such models developed under any other authority of the Secretary.
(g) Definitions
In this section:
(1) Compound flooding
The term compound flooding means a flooding event in which two or more flood drivers, such as coastal storm surge-driven flooding and inland rainfall-driven flooding, occur simultaneously or in close succession and the potential adverse effects of the combined flood drivers may be greater than that of the individual flood driver components.
(2) Economic
The term economic, as used in reference to models, means relating to the evaluation of benefits and cost attributable to a project for an economic justification under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2).
(a) In general
In updating a water control manual for any reservoir constructed, owned, or operated by the Secretary, including a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709), the Secretary shall, to the maximum extent practicable, incorporate the use of forecast-informed reservoir operations.
(b) Guidelines
The Secretary, in coordination with relevant Federal and State agencies and non-Federal interests, shall issue clear and concise guidelines for incorporating the use of forecast-informed reservoir operations into water control manuals for reservoirs described in subsection (a).
(1) Requirement
The Secretary shall carry out an assessment of geographically diverse reservoirs described in subsection (a) to determine the viability of using forecast-informed reservoir operations at such reservoirs.
(2) Priority areas
In carrying out the assessment described in paragraph (1), the Secretary shall include an assessment of—
(A) each reservoir located in the South Pacific Division of the Corps of Engineers; and
(B) reservoirs located in each of the Northwestern Division and the South Atlantic Division of the Corps of Engineers.
(3) Consultation
In carrying out this subsection, the Secretary shall consult with relevant Federal and State agencies and non-Federal interests.
Section 120. Updates to certain water control manuals
Section 8109 of the Water Resources Development Act of 2022 (136 Stat. 3702) is amended by inserting or that incorporate the use of forecast-informed reservoir operations into such manuals before the period at the end.
(a) In general
The Secretary shall—
(1) include water supply as a primary mission of the Corps of Engineers in planning, prioritization, designing, constructing, modifying, operating, and maintaining water resources development projects; and
(2) give equal consideration to the water supply mission in the planning, prioritization, designing, constructing, modifying, operating, and maintaining of water resources development projects.
(2) Limitations
Nothing in subsection (a) affects—
(A) any existing authority of the Secretary, including—
(i) authorities of the Secretary with respect to navigation, hydropower, flood control, and environmental protection and restoration;
(ii) the authority of the Secretary under section 6 of the Flood Control Act of 1944 (33 U.S.C. 708); and
(iii) the authority of the Secretary under section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b);
(B) any applications for permits under the jurisdiction of the Secretary, or lawsuits relating to such permits or water resources development projects, pending as of the date of enactment of this Act;
(C) the application of any procedures to assure public notice and an opportunity for public hearing for such permits; or
(D) the authority of a State to manage, use, or allocate the water resources of that State.
(1) Initial report
Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—
(A) the steps taken to comply with subsection (a); and
(B) actions identified by non-Federal interests that may be taken, consistent with existing authorized purposes of the applicable water resources development projects, to—
(i) reallocate storage space in existing water resources development projects for municipal and industrial water supply purposes pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b);
(ii) enter into surplus water supply contracts pursuant to section 6 of the Flood Control Act of 1944 (33 U.S.C. 708);
(iii) modify the operations of an existing water resources development project to produce water supply benefits incidental to, and consistent with, the authorized purposes of the project, including by—
(I) adjusting the timing of releases for other authorized purposes to create opportunities for water supply conservation, use, and storage;
(II) capturing stormwater;
(III) releasing water from storage to replenish aquifer storage and recovery; and
(IV) carrying out other conservation measures that enhance the use of a project for water supply; and
(iv) cooperate with State, regional, and local governments and planning authorities to identify strategies to augment water supply, enhance drought resiliency, promote contingency planning, and assist in the planning and development of alternative water sources.
(2) Final report
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—
(A) identification of—
(i) the steps taken to comply with subsection (a); and
(ii) the specific actions identified under paragraph (1)(B) that were taken; and
(B) an assessment of the results of such steps and actions.
(a) In general
Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate the development of guidance to standardize processes for developing, updating, and tracking real estate administrative fees administered by the Corps of Engineers.
(b) Guidance
In developing guidance under subsection (a), the Secretary shall—
(1) outline standard methodologies to estimate costs for purposes of setting real estate administrative fees;
(2) define the types of activities involved in managing real estate instruments that are included for purposes of setting such fees;
(3) establish cost-tracking procedures to capture data relating to the activities described in paragraph (2) for purposes of setting such fees;
(4) outline a schedule for divisions or districts of the Corps of Engineers to review, and update as appropriate, real estate administrative fees, including specifying what such reviews should entail and the frequency of such reviews; and
(5) provide opportunities for stakeholder input on real estate administrative fees.
(c) Publicly available
The Secretary shall make publicly available on the website of each Corps of Engineers district—
(1) the guidance developed under this section; and
(2) any other relevant information on real estate administrative fees, including lists of real estate instruments requiring such fees, and methodologies used to set such fees.
Section 123. Challenge cost-sharing program for management of recreation facilities
Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—
(1) in subsection (b)—
(A) by striking To implement and inserting the following:
(1) In general
To implement
(B) in paragraph (1) (as so designated), by striking non-Federal public and private entities and inserting non-Federal public entities and private nonprofit entities; and
(C) by adding at the end the following:
(2) Requirements
Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability—
(A) to carry out the terms of the agreement; and
(B) to pay damages, if necessary, in the event of a failure to perform.
(2) by striking subsection (c) and inserting the following:
(A) In general
The Secretary may allow a non-Federal public entity or private nonprofit 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 the non-Federal public entity or private nonprofit entity or the Department of the Army.
(i) In general
A non-Federal public entity or a private nonprofit 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.
(ii) Transfer
The Secretary may transfer, or cause to be transferred by another Federal agency, to a non-Federal public entity or a private nonprofit entity described in subparagraph (A) user fees received by the Secretary or other Federal agency under a visitor reservation service described in clause (i) for recreation facilities and natural resources managed by the non-Federal public entity or private nonprofit entity pursuant to a cooperative agreement entered into under subsection (b).
(A) In general
A non-Federal public entity or private nonprofit entity that collects a user fee under paragraph (1)—
(i) may retain up to 100 percent of the fees collected, as determined by the Secretary; and
(ii) notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any retained amounts for operation, maintenance, and management activities relating to recreation and natural resources at recreation site at which the fee is collected.
(B) Requirements
The use by a non-Federal public entity or private nonprofit entity of user fees collected under paragraph (1)—
(i) shall remain subject to the direction and oversight of the Secretary; and
(ii) shall not affect any existing third-party property interest, lease, or agreement with the Secretary.
(3) Terms and conditions
The authority of a non-Federal public entity or private nonprofit entity under this subsection shall be subject to such terms and conditions as the Secretary determines to be necessary to protect the interests of the United States.
(2) ; and
(3) in subsection (d)—
(A) by striking For purposes and inserting the following:
(1) In general
For purposes
(A) ; and
(B) by striking non-Federal public and private entities. Any funds received by the Secretary under this section and inserting the following:
(B) non-Federal public entities, private nonprofit entities, and other private entities.
(2) Deposit of funds
Any funds received by the Secretary under this subsection
(B) ; and
(4) by adding at the end the following:
(e) Definitions
In this section:
(1) Non-Federal public entity
The term non-Federal public entity means a non-Federal public entity as defined in the memorandum issued by the Corp of Engineers on April 4, 2018, and titled Implementation Guidance for Section 1155, Management of Recreation Facilities, of the Water Resources Development Act (WRDA) of 2016, Public Law 114–322.
(2) Private nonprofit entity
The term private nonprofit entity means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
(a) In general
Section 210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)) is amended—
(1) in paragraph (1), by striking Notwithstanding and all that follows through to establish and inserting Subject to paragraphs (2) and (3), the Secretary of the Army may establish;
(2) in paragraph (3), by striking vehicle. Such maximum amount and inserting vehicle, which amount; and
(3) by striking paragraph (4) and inserting the following:
(4) Deposit in Treasury
Subject to paragraph (5), the fees collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.
(A) Retention
Of the fees collected under this subsection, the Secretary may retain, for use in accordance with subparagraph (B)(ii), beginning in fiscal year 2035 and each fiscal year thereafter, the total amount of fees collected under this subsection for the fiscal year.
(B) Use
The amounts retained by the Secretary under subparagraph (A) shall—
(i) be deposited in a special account, to be established in the Treasury; and
(ii) be available for use, without further appropriation, for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary, subject to the condition that not less than 80 percent of fees collected at a specific recreation site shall be used at such site.
(6) Treatment
Fees collected under this subsection—
(A) shall be in addition to annual appropriated funding provided for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary; and
(B) shall not be used as a basis for reducing annual appropriated funding for such operation and maintenance.
(b) Special accounts
Amounts in the special account for the Corps of Engineers described in section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)) (as in effect on the day before the date of enactment of this Act) that are unobligated on that date shall—
(1) be transferred to the special account established under paragraph (5)(B)(i) of section 210(b) of the Flood Control Act of 1968 (as added by subsection (a)(3)); and
(2) be available to the Secretary of the Army for operation and maintenance of any recreation sites and facilities under the jurisdiction of the Secretary of the Army, without further appropriation, subject to paragraph (5)(B)(ii) of such section (as added by subsection (a)(3)).
Section 125. Databases of Corps recreational sites
The Secretary shall regularly update publicly available databases maintained, or cooperatively maintained, by the Corps of Engineers with information on sites operated or maintained by the Secretary that are used for recreational purposes, including the operational status of, and the recreational opportunities available at, such sites.
Section 126. Services of volunteers
The Secretary may recognize a volunteer providing services under the heading Department of Defense—Civil—Department of the Army—Corps of Engineers—Civil—General Provisions in chapter IV of title I of the Supplemental Appropriations Act, 1983 (33 U.S.C. 569c) through an award or other appropriate means, except that such award may not be in the form of a cash award.
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall update the policy guidance of the Corps of Engineers for the evaluation and approval of nonrecreational real estate outgrant requests for the installation, on lands and waters operated and maintained by the Secretary, of infrastructure for the provision of broadband services.
(b) Requirements
In updating the policy guidance under subsection (a), the Secretary shall ensure that the policy guidance—
(1) requires the consideration of benefits to the public in evaluating a request described in subsection (a);
(2) requires the Secretary to consider financial factors when determining whether there is a viable alternative to the installation for which approval is requested as described in subsection (a);
(3) requires that a request described in subsection (a) be expeditiously approved or denied after submission of a completed application for such request; and
(4) requires the Secretary to include in any denial of such a request detailed information on the justification for the denial.
(c) Savings clause
Nothing in this section affects or alters the responsibility of the Secretary—
(1) to sustain and protect the natural resources of lands and waters operated and maintained by the Secretary; or
(2) to carry out a water resources development project consistent with the purposes for which such project is authorized.
(a) Definitions
Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following:
(16) Underserved community
The term underserved community means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income.
(b) National inventory of dams and low-Head dams
Section 6 of the National Dam Safety Program Act (33 U.S.C. 467d) is amended to read as follows:
(a) In general
The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States.
(b) Dams
The inventory maintained under subsection (a) shall include any available information assessing each dam based on inspections completed by a Federal agency, a State dam safety agency, or a Tribal government.
(c) Low-Head dams
The inventory maintained under subsection (a) shall include—
(1) the location, ownership, description, current use, condition, height, and length of each low-head dam;
(2) any information on public safety conditions at each low-head dam; and
(3) any other relevant information concerning low-head dams.
(d) Data
In carrying out this section, the Secretary shall—
(1) coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and
(2) use data provided to the Secretary by those agencies and entities.
(e) Public availability
The Secretary shall make the inventory maintained under subsection (a) publicly available (including on a publicly available website), including—
(1) public safety information on the dangers of low-head dams; and
(2) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams.
(f) Clarification
Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.
(g) Low-Head dam defined
In this section, the term low-head dam means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.
(c) Rehabilitation of high hazard potential dams
Section 8A of the National Dam Safety Program Act (33 U.S.C. 467f–2) is amended—
(1) in subsection (c)(2), by striking subparagraph (C) and inserting the following:
(C) Grant assurance
As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
(2) in subsection (d)(2)(C), by striking commit and inserting for a project not including removal, obtain a commitment from the dam owner;
(3) by striking subsection (e) and inserting the following:
(1) In general
As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the dam or management of water levels in the area impacted by the dam—
(A) for a removal—
(i) is in place; and
(ii) identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or
(B) for a project not including removal—
(i) is in place; or
(ii) will be—
(I) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and
(II) implemented not later than 2 years after the date of completion of construction of the project.
(2) Requirement
In the case of a plan for a removal, the Administrator may not impose any additional requirements or conditions other than the requirements in paragraph (1)(A).
(3) Inclusions
A plan under paragraph (1)(B) shall address—
(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected or impacted by the dam;
(B) plans for flood fighting and evacuation; and
(C) public education and awareness of flood risks.
(4) Plan criteria and technical support
The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.
(4) in subsection (g)(1)—
(A) in subparagraph (A), by striking Any and inserting Except as provided in subparagraph (C), any; and
(B) by adding at the end the following:
(C) Underserved communities
Subparagraph (A) shall not apply to a project carried out by or for the benefit of an underserved community.
(e) Conforming amendment
Section 15 of the National Dam Safety Program Act (33 U.S.C. 467o) is repealed.
Section 129. Rehabilitation of Corps of Engineers constructed dams
Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note) is amended—
(1) in subsection (e)—
(A) by striking The Secretary and inserting the following:
(1) In general
Except as provided in paragraph (2), the Secretary
(A) ; and
(B) by adding at the end the following:
(2) Exception
For a project under this section for which the Federal share of the costs is expected to exceed $60,000,000, the Secretary may expend more than such amount only if—
(A) the Secretary submits to Congress the determination made under subsection (a) with respect to the project; and
(B) construction of the project substantially in accordance with the plans, and subject to the conditions described in such determination is specifically authorized by Congress.
(B) ; and
(2) in subsection (f), by striking 2017 through 2026 and inserting 2025 through 2030.
(a) In general
In carrying out a feasibility study for a project that serves a covered community, the Secretary shall adjust the calculation of the benefit-cost ratio for the project in order to equitably compare such project to projects carried out in the contiguous States of the United States and the District of Columbia.
(b) Evaluation
In carrying out this section, the Secretary shall—
(1) compute the benefit-cost ratio without adjusting the calculation as described in subsection (a);
(2) compute an adjusted benefit-cost ratio by adjusting the construction costs for the project to reflect what construction costs would be if the project were carried out in a comparable community in the contiguous States that is nearest to the community in which the project will be carried out;
(3) include in the documentation associated with the feasibility study for the project the ratios calculated under paragraph (1) and paragraph (2); and
(4) consider the adjusted benefit-cost ratio calculated under paragraph (2) in selecting the tentatively selected plan for the project.
(c) Covered community defined
In this section, the term covered community means a community located in the State of Hawaii, Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa.
(a) In general
Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) is amended—
(1) in paragraph (1) by striking an agricultural and inserting a;
(2) by striking paragraphs (2) and (3) and inserting the following:
(2) Criteria
The Secretary shall determine the ability of a non-Federal interest to pay under this subsection by considering—
(A) per capita income data for the county or counties in which the project is to be located;
(B) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located;
(C) the financial capabilities of the non-Federal interest for the project;
(D) the guidance issued under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note); and
(E) any additional criteria relating to the non-Federal interest's financial ability to carry out its cost-sharing responsibilities determined appropriate by the Secretary.
(3) Procedures
For purposes of carrying out paragraph (2), t he Secretary shall develop procedures—
(A) to allow a non-Federal interest to identify the amount such non-Federal interest would likely be able to pay; and
(B) for a non-Federal interest to submit a request to the Secretary to reduce the required non-Federal share.
(2) ; and
(3) by adding at the end the following:
(5) Benefits analysis considerations
In calculating the benefits and costs of project alternatives relating to the height of a flood risk reduction project for purposes of determining the national economic development benefits of the project, the Secretary—
(A) shall include insurance costs incurred by homeowners; and
(B) may consider additional costs incurred by households, as appropriate.
(6) Exception
This subsection shall not apply to project costs greater than the national economic determination plan.
(A) In general
Not less frequently than annually, 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 all determinations of the Secretary under this subsection regarding the ability of a non-Federal interest to pay.
(B) Contents
The Secretary shall include in each report required under subparagraph (A) a description, for the applicable year, of—
(i) requests by a non-Federal interest to reduce the non-Federal share required in a cost-sharing agreement;
(ii) the determination of the Secretary with respect to each such request; and
(iii) the basis for each such determination.
(C) Inclusion in Chief’s report
The Secretary shall include each determination to reduce the non-Federal share required in a cost-sharing agreement for construction of a project in the report of the Chief of Engineers for the project.
(b) Update to guidance
Not later than 1 year after the date of enactment of this Act, the Secretary shall update any agency guidance or regulation relating to the ability of a non-Federal interest to pay as necessary to reflect the amendments made by this section.
(c) Priority projects
The Secretary shall make a determination under section 103(m) of the Water Resources Development Act of 1986, as amended by this section, of the ability to pay of the non-Federal interest for the following projects:
(1) Any authorized water resources development project for which the Secretary waives the cost-sharing requirement under section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310).
(2) Any authorized watercraft inspection and decontamination station established, operated, or maintained pursuant to section 104(d) of the River and Harbor Act of 1958 (33 U.S.C. 610(d)).
(3) The Chattahoochee River Program, authorized by section 8144 of the Water Resources Development Act of 2022 (136 Stat. 3724).
(4) The project for navigation, Craig Harbor, Alaska, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709).
(5) The project for flood risk management, Westminster, East Garden Grove, California Flood Risk Management, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(6) Modifications to the L–29 levee component of the Central and Southern Florida project, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176), in the vicinity of the Tigertail camp.
(7) Any authorized water resources development projects in Guam.
(8) The project for flood risk management, Ala Wai Canal, Hawaii, authorized by section 1401(2) of the Water Resources Development Act of 2018 (132 Stat. 3837).
(9) The project for flood control Kentucky River and its tributaries, Kentucky, authorized by section 6 of the Act of August 11, 1939 (chapter 699, 53 Stat. 1416).
(10) The project for flood risk management on the Kentucky River and its tributaries and watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe Counties, Kentucky, authorized by section 8201(a)(31) of the Water Resources Development Act of 2022 (136 Stat. 3746).
(11) The project for flood control, Williamsport, Pennsylvania, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1573).
(12) The project for ecosystem restoration, Resacas, in the vicinity of the City of Brownsville, Texas, authorized by section 1401(5) of the Water Resources Development Act of 2018 (132 Stat. 3839).
(13) Construction of any critical restoration project in the Lake Champlain watershed, Vermont and New York, authorized by section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2680; 136 Stat. 3822).
(14) Any authorized flood control and storm damage reduction project in the United States Virgin Islands that was impacted by Hurricanes Irma and Maria.
(15) Construction of dredged material stabilization and retaining structures related to the project for navigation, Lower Willamette and Columbia Rivers, from Portland, Oregon, to the sea, authorized by the first section of the Act of June 18, 1878 (chapter 267, 20 Stat. 157, chapter 264).
(16) Any water-related environmental infrastructure project authorized by section 219 of the Water Resources Development Act of 1992 (Public Law 102–580).
Section 132. Tribal partnership program
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—
(1) in subsection (a), by striking the term Indian tribe has the meaning given the term and inserting the terms Indian tribe and Indian Tribe have the meanings given the terms;
(2) in subsection (b)—
(A) in paragraph (1)(B)—
(i) by striking or in proximity and inserting, in proximity; and
(ii) by inserting, or in proximity to a river system or other aquatic habitat with respect to which an Indian Tribe has Tribal treaty rights after Alaska Native villages;
(B) in paragraph (2)(A), by striking flood hurricane and storm damage reduction, including erosion control, and inserting flood or hurricane and storm damage reduction, including erosion control and stormwater management (including management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood),; and
(C) in paragraph (4), by striking $26,000,000 each place it appears and inserting $28,500,000; and
(3) by striking subsection (e).
Section 133. Funding to process permits
Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
(1) in paragraph (1), by adding at the end the following:
(D) Indian Tribe
The term Indian Tribe means—
(i) an Indian Tribe, as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and
(ii) any entity formed under the authority of one or more Indian Tribes, as so defined.
(2) in paragraph (2)—
(A) by inserting Indian Tribe, after public-utility company, each place it appears; and
(B) in subparagraph (A), by inserting, including an aquatic ecosystem restoration project before the period at the end; and
(3) by striking paragraph (4).
Section 134. Project studies subject to independent external peer review
Section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343) is amended—
(1) in subsection (d)(2)—
(A) by striking assess the adequacy and acceptability of the economic and insert the following:
(A) assess the adequacy and acceptability of—
(A) the economic
(B) in subparagraph (A), as so redesignated, by adding and at the end; and
(C) by adding at the end the following:
(B) the consideration of nonstructural alternatives under section 73(a) of the Water Resources Development Act of 1974 (33 U.S.C. 701b–11(a)) for projects for flood risk management;
(2) by striking subsection (h); and
(3) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
Section 135. Control of aquatic plant growths and invasive species
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—
(1) in subsection (e)(3), by inserting, and monitoring and contingency planning for, after early detection of; and
(2) in subsection (g)(2)(A), by inserting the Connecticut River Basin, after the Ohio River Basin,.
Section 136. Remote operations at Corps dams
During the 10-year period beginning on the date of enactment of this Act, with respect to a water resources development project owned, operated, or managed by the Corps of Engineers, the Secretary may not use remote operation activities at a navigation or hydroelectric power generating facility at such project as a replacement for activities performed, as of the date of enactment of this Act, by personnel under the direction of the Secretary at such project unless the Secretary provides 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 that—
(1) use of the remote operation activities—
(A) does not affect activities described in section 314 of the Water Resources Development Act of 1990 (33 U.S.C. 2321);
(B) will address any cyber and physical security risks to such project in accordance with applicable Federal law and agency guidance; and
(C) is necessary to increase the availability and capacity, as applicable, of such project, including a project on a lower use waterway; and
(2) the remote operation activities were developed under a public process that included engagement with such personnel and other stakeholders who may be affected by the use of such activities.
Section 137. Harmful algal bloom demonstration program
Section 128 of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended—
(1) in subsection (a), by inserting or affecting water bodies of regional, national, or international importance after projects;
(2) in subsection (b)(1), by striking and State agencies and inserting, State, and local agencies, institutions of higher education, and private organizations, including nonprofit organizations;
(3) in subsection (c) in paragraph (6), insert Watershed after Okeechobee;
(4) in subsection (e), by striking $25,000,000 and inserting $35,000,000; and
(5) by adding at the end the following:
(f) Priority
In carrying out the demonstration program under subsection (a), the Secretary shall, to the maximum extent possible, prioritize carrying out program activities that—
(1) reduce nutrient pollution;
(2) utilize natural and nature-based approaches, including oysters;
(3) protect, enhance, or restore wetlands or flood plains, including river and streambank stabilization;
(4) develop technologies for remote sensing, monitoring, or early detection of harmful algal blooms, or other emerging technologies; and
(5) combine removal of harmful algal blooms with a beneficial use, including conversion of retrieved algae biomass into biofuel, fertilizer, or other products.
(g) Agreements
In carrying out the demonstration program under subsection (a), the Secretary may enter into agreements with a non-Federal entity for the use or sale of successful technologies developed under this section.
Section 138. Support of Army civil works missions
Section 8159 of the Water Resources Development Act of 2022 (136 Stat. 3740) is amended—
(1) in paragraph (3), by striking; and and inserting a semicolon;
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
(5) Western Washington University, Bellingham to conduct academic research on water quality, aquatic ecosystem restoration (including aquaculture), and the resiliency of water resources development projects in the Pacific Northwest to natural disasters;
(6) the University of North Carolina Wilmington to conduct academic research on flood mitigation, coastal resiliency, water resource ecology, water quality, aquatic ecosystem restoration (including aquaculture), coastal restoration, and resource-related emergency management in North Carolina and Mid-Atlantic region; and
(7) California State Polytechnic University, Pomona to conduct academic research on integrated design and management of water resources development projects, including for the purposes of flood risk management, ecosystem restoration, water supply, water conservation, and sustainable aquifer management.
(a) In general
The Secretary is authorized to carry out a national coastal mapping program to provide recurring national coastal mapping along the coasts of the United States to support Corps of Engineers navigation, flood risk management, environmental restoration, and emergency operations missions.
(b) Scope
In carrying out the program under subsection (a), the Secretary shall—
(1) disseminate coastal mapping data and new or advanced geospatial information and remote sensing tools for coastal mapping derived from the analysis of such data to the Corps of Engineers, other Federal agencies, States, and other stakeholders;
(2) implement coastal surveying based on findings of the national coastal mapping study carried out under section 8110 of the Water Resources Development Act of 2022 (136 Stat. 3702);
(3) conduct research and development on bathymetric liDAR and ancillary technologies necessary to advance coastal mapping capabilities in order to exploit data with increased efficiently and greater accuracy;
(4) with respect to any region affected by a hurricane rated category 3 or higher—
(A) conduct coastal mapping of such region;
(B) determine volume changes at Federal projects in such region;
(C) quantify damage to navigation infrastructure in such region;
(D) assess environmental impacts to such region, measure any coastal impacts; and
(E) make any data gathered under this paragraph publicly available not later than 2 weeks after the acquisition of such data;
(5) at the request of another Federal entity or a State or local government entity, provide subject matter expertise, mapping services, and technology evolution assistance;
(6) enter into an agreement with another Federal agency or a State agency to accept funds from such agency to expand the coverage of the program to efficiently meet the needs of such agency;
(7) coordinate with representatives of the Naval Meteorology and Oceanography Command, the National Oceanic and Atmospheric Administration, United States Geological Survey, and any other representative of a Federal agency that the Secretary determines necessary, to support any relevant Federal, State, or local agency through participation in working groups, committees, and organizations;
(8) maintain the panel of senior leaders established under section 8110(e) of the Water Resources Development Act of 2022;
(9) convene an annual coastal mapping community of practice meeting to discuss and identify technical topics and challenges to inform such panel in carrying out the duties of such panel; and
(10) to the maximum extent practicable, to procure any surveying or mapping services in accordance with chapter 11 of title 40, United States Code.
Section 140. Watershed and river basin assessments
Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a) is amended—
(1) in subsection (d)—
(A) in paragraph (12), by striking; and and inserting a semicolon;
(B) in paragraph (13), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(14) Connecticut River Watershed, Connecticut, Massachusetts, New Hampshire, and Vermont;
(15) Lower Rouge River Watershed, Michigan; and
(16) Grand River Watershed, Michigan.
(C) ; and
(2) by adding at the end the following:
(1) In general
At the request of a non-Federal interest for an assessment completed under this section, the Secretary is authorized to prepare a feasibility report, in accordance with the requirements of section 905, recommending the construction or modification of a water resources development project to address a water resources need of a river basin or watershed of the United States identified in the assessment.
(2) Priority watersheds
In carrying out this subsection, the Secretary shall give priority to—
(A) the watersheds of the island of Maui, Hawaii, including the Wahikuli, Honokōwai, Kahana, Honokahua, and Honolua watersheds, including the coral reef habitat north of Lahaina off the northwestern coast of the island of Maui; and
(B) the watersheds of the Northern Mariana Islands, American Samoa, and Guam.
(a) In general
Section 19 of the Act of March 3, 1899 (33 U.S.C. 414) is amended—
(1) by striking Sec. 19. (a) That whenever and inserting the following:
(1) In general
That whenever
(2) in subsection (b)—
(A) by striking described in this section and inserting described in this subsection; and
(B) by striking under subsection (a) and inserting under paragraph (1);
(3) by striking (b) The owner and inserting the following:
(2) Liability of owner, lessee, or operator
The owner
(3) ; and
(4) by adding at the end the following:
(1) In general
The Secretary is authorized to remove from the navigable waters of the United States a covered vessel that does not obstruct the navigation of such waters, if—
(A) such removal is determined to be in the public interest by the Secretary, in consultation with any State in which the vessel is located or any Indian Tribe with jurisdiction over the area in which the vessel is located, as applicable; and
(B) in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard determines that the vessel is abandoned.
(2) Interagency agreements
In removing a covered vessel under this subsection, the Secretary—
(A) shall enter into an interagency agreement with the head of any Federal department, agency, or instrumentality that has control of such vessel; and
(B) is authorized to accept funds from such department, agency, or instrumentality for the removal of such vessel.
(3) Liability
The owner of a covered vessel shall be liable to the United States for the costs of removal, destruction, and disposal of such vessel under this subsection.
(A) In general
In this subsection, the term covered vessel means a vessel—
(i) determined to be abandoned by the Commandant of the Coast Guard; or
(ii) under the control of the United States by reason of seizure or forfeiture pursuant to any law.
(B) Exclusion
The term covered vessel does not include—
(i) any vessel for which the Secretary has removal authority under subsection (a) or section 20;
(ii) an abandoned barge for which the Commandant of the Coast Guard has the authority to remove under chapter 47 of title 46, United States Code; and
(iii) a vessel—
(I) for which the owner is not identified, unless determined to be abandoned by the Commandant of the Coast Guard; or
(II) for which the owner has not agreed to pay the costs of removal, destruction, or disposal.
(b) Conforming amendment
Section 20 of the Act of March 3, 1899 (33 U.S.C. 416) is amended by striking the preceding section of this Act and inserting section 19(a).
Section 142. Corrosion prevention
Section 1033(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350(c)) is amended—
(1) in paragraph (2), by striking; and and inserting a semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
(3) the carrying out of an activity described in paragraph (1) or (2) through a program in corrosion prevention that is—
(A) offered or accredited by an organization that sets industry standards for corrosion mitigation and prevention; or
(B) an industrial coatings applicator program that is—
(i) an employment and training activity (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); or
(ii) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
(a) In General
Before carrying out a covered action with respect to a covered in-river feature, the Secretary shall perform an analysis to identify whether such action will—
(1) contribute to adverse effects of increased water levels during flood events adjacent to the covered in-river feature;
(2) increase risk of flooding on commercial and residential structures and critical infrastructure adjacent to the covered in-river feature;
(3) decrease water levels during droughts adjacent to the covered in-river feature;
(4) affect the navigation channel, including crossflows, velocity, channel depth, and channel width, adjacent to the covered in-river feature;
(5) contribute to bank erosion on private lands adjacent to the covered in-river feature;
(6) affect ports or harbors adjacent to the covered in-river feature; or
(7) affect harvesting of sand adjacent to the covered in-river feature.
(b) Mitigation
If the Secretary determines that a covered action will result in an outcome described in subsection (a), the Secretary shall mitigate such outcome.
(c) Savings clause
Nothing in this section may be construed to affect the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283).
(d) Definitions
In this section:
(1) Covered action
The term covered action means the construction of, modification of, operational changes to, or implementation of a covered in-river feature.
(2) Covered in-river feature
The term covered in-river feature means in-river features on the Missouri River used to create and maintain dike notches, chutes, and complexes for interception or rearing authorized pursuant to section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155) and section 334 of the Water Resources Development Act of 1999 (113 Stat. 306; 136 Stat. 3799).
Section 144. Federal breakwaters and jetties
Section 8101 of the Water Resources Development Act of 2022 (33 U.S.C. 2351b) is amended—
(1) by inserting, pile dike, after jetty each place it appears; and
(2) in subsection (b)(2)—
(A) by striking if and all that follows through the Secretary and inserting if the Secretary;
(B) by striking breakwater; and and inserting breakwater and—
(C) by redesignating subparagraph (B) as subparagraph (A);
(D) in subparagraph (A) (as so redesignated), by striking the period at the end and inserting; or; and
(E) by adding at the end the following:
(B) the pile dike has disconnected from an authorized navigation project as a result of a lack of such regular and routine Federal maintenance activity.
Section 145. Temporary relocation assistance pilot program
Section 8154(g)(1) of the Water Resources Development Act of 2022 (136 Stat. 3734) is amended by adding at the end the following:
(F) Project for hurricane and storm damage risk reduction, Norfolk Coastal Storm Risk Management, Virginia, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738).
(a) In general
With respect to a project for hurricane and storm damage reduction for which the Secretary is requiring a perpetual easement, the Secretary shall, upon request by the non-Federal interest for the project, certify real estate availability and proceed to construction of such project with a nonperpetual easement if—
(1) such certification and construction are in compliance with the terms of the report of the Chief of Engineers for the project and the applicable project partnership agreement; and
(2) the Secretary provides the non-Federal interest with formal notice that, in the event in which the nonperpetual easement expires and is not extended, the Secretary will be unable to—
(A) fulfill the Federal responsibility with respect to the project or carry out any required nourishment of the project under the existing project authorization;
(B) carry out repair and rehabilitation of the project under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n); and
(C) provide any other relevant Federal assistance with respect to the project.
(b) Disclosure
For any project for hurricane storm damage risk reduction, or a proposal to modify such a project, that is authorized after the date of enactment of this Act for which a perpetual easement is required for Federal participation in the project, the Secretary shall include in the report of the Chief of Engineers for the project a disclosure of such requirement.
(c) Management
To the maximum extent practicable, the Secretary shall, at the request of the non-Federal interest for a project for hurricane storm damage risk reduction, identify and accept the minimum real estate interests necessary to carry out the project, in accordance with section 103.
(1) In general
During the 2-year period beginning on the date of enactment of this Act, notwithstanding any requirement of the Secretary for a covered project to comply with the memorandum of the Corps of Engineers entitled Standard Estates – Perpetual Beach Nourishment and Perpetual Restrictive Dune Easement and dated August 4, 1995, the Secretary shall carry out each covered project in a manner consistent with the previously completed initial construction and periodic nourishments of the project, including repair and restoration work on the project under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
(2) Covered project defined
In this subsection, the term covered project means an authorized project for hurricane and storm damage reduction in any one of the following locations:
(A) Brevard County, Canaveral Harbor, Florida – Mid Reach.
(B) Brevard County, Canaveral Harbor, Florida – North Reach.
(C) Brevard County, Canaveral Harbor, Florida – South Reach.
(D) Broward County, Florida – Segment II.
(E) Broward County, Florida – Segment III.
(F) Dade County, Florida – Main Segment.
(G) Dade County, Florida – Sunny Isles Segment.
(H) Duval County, Florida.
(I) Fort Pierce Beach, Florida.
(J) Lee County, Florida – Captiva.
(K) Lee County, Florida – Gasparilla.
(L) Manatee County, Florida.
(M) Martin County, Florida.
(N) Nassau County, Florida.
(O) Palm Beach County, Florida – Jupiter/Carlin Segment.
(P) Palm Beach County, Florida – Delray Segment.
(Q) Palm Beach County, Florida – Mid Town.
(R) Palm Beach County, Florida – North Boca.
(S) Palm Beach County, Florida – Ocean Ridge.
(T) Panama City Beaches, Florida.
(U) Pinellas County, Florida – Long Key.
(V) Pinellas County, Florida – Sand Key Segment.
(W) Pinellas County, Florida –Treasure Island.
(X) Sarasota, Lido Key, Florida.
(Y) Sarasota County, Florida – Venice Beach.
(Z) St. Johns County, Florida – St. Augustine Beach.
(AA) St. Johns County, Florida – Vilano Segment.
(BB) St. Lucie County, Florida – Hutchinson Island.
(3) Sense of Congress
It is the sense of Congress that, for the purpose of constructing and maintaining a project for hurricane and storm damage risk reduction, the minimum estate necessary for easements may not exceed the life of the project nor be less than 50 years.
(e) Savings clause
Nothing in this section may be construed to affect the requirements of section 103(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)).
Section 147. Shoreline and riverine protection and restoration
Section 212(e)(2) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e)(2)) is amended by adding at the end the following:
(L) Shoreline of the State of Connecticut.
Section 148. Sense of Congress related to water data
It is the sense of Congress that, for the purpose of improving water resources management, the Secretary should—
(1) develop and implement a framework for integrating, sharing, and using water data;
(2) identify and prioritize key water data needed to support water resources management and planning, including—
(A) water data sets, types, and associated metadata; and
(B) water data infrastructure, technologies, and tools;
(3) in consultation with other Federal agencies, States, Indian Tribes, local governments, and relevant stakeholders, develop and adopt common national standards for collecting, sharing, and integrating water data, infrastructure, technologies, and tools;
(4) ensure that water data is publicly accessible and interoperable;
(5) integrate water data and tools through nationwide approaches to data infrastructure, platforms, models, and tool development; and
(6) support the adoption of new technologies and the development of tools for water data collection, sharing, and standardization.
Section 149. Sense of Congress relating to comprehensive benefits
It is the sense of Congress that in carrying out any feasibility study, the Secretary should follow, to the maximum extent practicable—
(1) the guidance described in the memoranda relating to Comprehensive Documentation of Benefits in Feasibility Studies, dated April 3, 2020, and April 13, 2020, and signed by the Assistant Secretary for Civil Works and the Director of Civil Works, respectively; and
(2) the policies described in the memorandum relating to Policy Directive – Comprehensive Documentation of Benefits in Decision Document dated January 5, 2021, and signed by the Assistant Secretary for Civil Works.
(1) In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report detailing the status of the reports described in paragraph (2).
(2) Reports described
The reports described in this paragraph are the following:
(A) The comprehensive backlog and operation and maintenance report required under section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(B) The report on managed aquifer recharge required under section 8108(d) of the Water Resources Development Act of 2022 (33 U.S.C. 2357(d)).
(C) The plan on beneficial use of dredged material required under section 8130(a) of the Water Resources Development Act of 2022 (136 Stat. 3717).
(D) The updated report on Corps of Engineers Reservoirs required under section 8153 of the Water Resources Development Act of 2022 (136 Stat. 3734).
(E) The report on dredge capacity require under section 8205 of the Water Resources Development Act of 2022 (136 Stat. 3754).
(F) The report on the assessment of the consequences of changing operation and maintenance responsibilities required under section 8206 of the Water Resources Development Act of 2022 (136 Stat. 3756).
(G) The report on the western infrastructure study required under section 8208 of the Water Resources Development Act of 2022 (136 Stat. 3756).
(H) The report on excess lands for Whittier Narrows Dam, California, required under section 8213 of the Water Resources Development Act of 2022 (136 Stat. 3758).
(I) The report on recreational boating in the Great Lakes basin required under section 8218 of the Water Resources Development Act of 2022 (136 Stat. 3761).
(J) The report on the disposition study on hydropower in the Willamette Valley, Oregon, required under section 8220 of the Water Resources Development Act of 2022 (136 Stat 3762).
(K) The report on corrosion prevention activities required under section 8234 of the Water Resources Development Act of 2022 (136 Stat. 3767).
(3) Elements
The Secretary shall include in the report required under paragraph (1) the following information with respect to each report described in paragraph (2):
(A) A summary of the status of each such report, including if the report has been initiated.
(B) The amount of funds that—
(i) have been made available to carry out each such report; and
(ii) the Secretary requires to complete each such report.
(C) A detailed assessment of how the Secretary intends to complete each such report, including an anticipated timeline for completion.
(D) Any available information that is relevant to each such report that would inform the committees described in paragraph (1).
(1) In general
Not later than 10 days after the date on which the budget of the President for each fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report on the status of each covered report.
(2) Elements
The Secretary shall include in the report required under paragraph (1) the following information:
(A) A summary of the status of each covered report, including if each such report has been initiated.
(B) The amount of funds that—
(i) have been made available to carry out each such report; and
(ii) the Secretary requires to complete each such report.
(C) A detailed assessment of how the Secretary intends to complete each covered report, including an anticipated timeline for completion.
(3) Publicly available
The Secretary shall make each report required under paragraph (1) publicly available on the website of the Corps of Engineers.
(4) Notification of committees
The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate on an annual basis a draft of each covered report.
(5) Definition of covered report
In this subsection, the term covered report —
(A) means any report or study required to be submitted by the Secretary under this Act or any Act providing authorizations for water resources development projects enacted after the date of enactment of this Act to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that has not been so submitted; and
(B) does not include a feasibility study (as such term is defined in section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)).
(a) Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a pilot program in accordance with this section to protect Native American burial sites, village sites, and cultural resources identified or discovered at civil works projects in the watershed of the Sacramento River and its tributaries, including the American, Bear, Yuba, and Feather Rivers, in the State of California.
(1) Reburial areas
In carrying out the pilot program, the Secretary shall, in consultation with and with the consent of each affected Indian Tribe, identify, and, as applicable, cooperate with appropriate Tribal, local, State, and Federal Government property owners to set aside, areas that may be used for the reburial of Native American human remains and funerary objects that—
(A) have been identified or discovered at the site of a covered civil works project;
(B) have been rightfully claimed by any affected Indian Tribe; and
(C) can be reburied in such areas in a manner secure from future disturbances, with the consent of such property owner or owners, as applicable.
(i) Requirements
In carrying out the pilot program, the Secretary shall work in good faith with each affected Indian Tribe, and each owner of property affected by the recovery process, to ensure that—
(I) the recovery of a burial site, village site, or cultural resources from the site of a covered civil works project under the pilot program is completed, pursuant to a written plan or protocol, not later than 45 days after the initiation of such recovery; and
(II) with respect to a burial site, village site, or cultural resources identified at the site of a covered civil works project before construction of the covered civil works project commences, such recovery is completed before such construction commences on the portion of the covered civil works project affected by the recovery process.
(ii) Alternative timetable
Notwithstanding the deadlines established by clause (i), the Secretary, each relevant non-Federal interest for the covered civil works project, each affected Indian Tribe, and each owner of property affected by the recovery process may negotiate and agree to an alternative timetable for recovery other than that required by such clause, based on the circumstances of the applicable covered civil works project.
(B) Guidance
In carrying out subsection (a), the Secretary shall develop and issue written guidance for recovery and reburial under the pilot program that meets or exceeds the recovery and reburial standards in policy statements and guidance issued by the Advisory Council on Historic Preservation.
(C) Eminent domain prohibition
No Federal entity may exercise the power of eminent domain to acquire any property to be used for reburial under the pilot program.
(A) Recovery and reburial by Secretary
In carrying out the pilot program, the Secretary shall, at Federal expense, in consultation with and with the consent of each affected Indian Tribe, and with appropriate dignity and in accordance with the guidance developed under paragraph (2)—
(i) recover any cultural resources identified or discovered at the site of a covered civil works project and rightfully claimed by any affected Indian Tribe;
(ii) rebury any human remains and funerary objects so recovered at the applicable areas identified and set aside under paragraph (1); and
(iii) repatriate any other cultural resources so recovered to the affected Indian Tribe that has rightfully claimed such cultural resources.
(A) In general
In carrying out the pilot program, the Secretary may hire a Tribal monitor or monitors, and shall allow any affected Indian Tribe to hire a Tribal monitor or monitors, at Federal expense, during the construction of any covered civil works project, for each area of construction, including for each burial site and village site with respect to which Native American cultural resources are being recovered for reburial.
(B) Qualifications
The Secretary or affected Indian Tribe, as applicable, shall ensure that preference in hiring Tribal monitors under this paragraph is provided to qualified Native Americans, including individuals who—
(i) have a professional relationship with the affected Indian Tribe; or
(ii) possess knowledge of, and expertise in, the customs of the affected Indian Tribe.
(C) Limitation
The Federal expense of Tribal monitors hired under this paragraph shall not exceed 1 percent of the total cost of construction of the applicable covered civil works project, pursuant to the terms outlined in paragraph (6).
(5) Identification and inventory
In carrying out the pilot program, the Secretary shall accept identifications made by an affected Indian Tribe of Native American burial sites and village sites at the site of a covered civil works project, and include such identifications in any inventory document for such project.
(6) Timing of payments
The Secretary shall enter into a contract or other agreement to make a payment to an affected Indian Tribe for reimbursement of reasonable costs under paragraph (3)(B) or actual expenses under paragraph (4), subject to market-based pricing, which payment shall be made not later than 90 days after the affected Indian Tribe submits an invoice for such costs or expenses to the Secretary.
(1) In general
In carrying out subsection (a), the Secretary shall develop and issue written guidance regarding the confidentiality of information provided to the Department of the Army by Indian Tribes in connection with any covered civil works project under the pilot program.
(2) Nonpublic information
The following information provided to the Department of the Army by an Indian Tribe under the pilot program shall be treated as confidential and nonpublic information, to protect Native American burial sites, village sites, and cultural resources, and their locations, from unauthorized excavation, desecration, or vandalism:
(A) Information regarding the locations of burial sites, village sites, and cultural resources, including maps designating such locations.
(B) Information regarding cultural or traditional practices related to such sites or resources.
(e) Avoidance of duplication
In carrying out the pilot program, the Secretary shall avoid, to the maximum extent practicable, duplication of efforts relating to compliance with this section and any other applicable provision of law.
(1) In general
Section 208 of the Water Resources Development Act of 2000 (33 U.S.C. 2338) shall not apply to a covered civil works project during the period during which the Secretary is carrying out the pilot program.
(2) Existing contracts
Nothing in this section shall affect any contract relating to a covered civil works project entered into by the Secretary of the Army before the date of enactment of this Act.
(g) Period
The Secretary shall carry out the pilot program until the date that is 4 years after the date on which the pilot program is established.
(h) Definitions
In this section:
(1) Affected Indian Tribe
The term affected Indian Tribe means any Indian Tribe that attaches religious or other significance to any burial site, village site, or cultural resources identified or discovered at a covered civil works project.
(2) Burial site
The term burial site means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, where Native American cultural resources are present as a result of a death rite or ceremony of a culture.
(3) Covered civil works project
The term covered civil works project means a civil works project that is—
(A) located in the watershed of the Sacramento River and its tributaries, including the American, Bear, Yuba, and Feather Rivers, within the State of California;
(B) being constructed, reconstructed, or repaired, or operated and maintained, using Federal funds; and
(C) owned, authorized, permitted, carried out, or operated and maintained by the Department of the Army, including a project carried out by a non-Federal interest under section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) or section 1043 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note).
(4) Cultural resources
The term cultural resources means—
(A) human remains; or
(B) funerary objects or other ceremonial objects.
(5) Funerary objects
The term funerary objects means items that are associated with the death rite or ceremony of a culture.
(6) Human remains
The term human remains means the physical remains of a human body, including such remains that have been cremated and that may be in any state of decomposition or skeletal completeness (including ashes or small bone fragments).
(7) Indian Tribe
The term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(8) Pilot program
The term pilot program means the pilot program established under this section.
(9) Rightfully claimed
The term rightfully claimed means claimed by—
(A) with respect to cultural resources identified or discovered on Federal or Tribal lands at the site of a covered civil works project—
(i) the person or entity with ownership or control of the cultural resources under section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002); or
(ii) with respect to cultural resources not subject to such Act, the appropriate person or entity determined in accordance with the priority order established by such section; and
(B) with respect to cultural resources identified or discovered on other lands at the site of a covered civil works project—
(i) in the case of Native American human remains and funerary objects associated with such remains, the lineal descendants of the Native American, as determined in accordance with the laws of the State of California; or
(ii) in any case in which such lineal descendants cannot be ascertained, and in the case of other funerary objects or other ceremonial objects—
(I) the Indian Tribe that has the closest cultural affiliation with the cultural resources; or
(II) if the cultural affiliation of the cultural resources cannot be reasonably ascertained—
(aa) the Indian Tribe that is recognized as aboriginally occupying the area in which the cultural resources were identified or discovered; or
(bb) if it can be shown by a preponderance of the evidence that a different Indian Tribe has a stronger cultural relationship with the cultural resources than the Indian Tribe specified in item (aa), the Indian Tribe that has the strongest demonstrated relationship with such cultural resources.
(10) Village site
The term village site means any natural or prepared physical location, whether below, on, or above the surface of the earth, where a Native American village has been present.
(a) Definition of covered project
In this section, the term covered project means a project—
(1) that is located in the State of California, the State of Nevada, or the State of Arizona; and
(A) of the Corps of Engineers for which water supply is an authorized purpose; or
(B) for which the Secretary develops a water control manual under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 890, chapter 665; 33 U.S.C. 709).
(b) Emergency operation during drought
Consistent with other authorized project purposes and in coordination with the non-Federal interest, in operating a covered project during a drought emergency in the project area, the Secretary may carry out a pilot program to operate the covered project with water supply as the primary project purpose.
(c) Updates
In carrying out this section, the Secretary may update the water control manual for a covered project to include drought operations and contingency plans.
(d) Requirements
In carrying out subsection (b), the Secretary shall ensure that—
(1) operations described in that subsection—
(A) are consistent with water management deviations and drought contingency plans in the water control manual for the covered project;
(B) impact only the flood pool managed by the Secretary; and
(C) shall not be carried out in the event of a forecast or anticipated flood or weather event that would require flood risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were in place prior to the use of the authority provided under that subsection at a time determined by the Secretary, in coordination with the non-Federal interest.
(e) Contributed funds
The Secretary may receive and expend funds contributed by a non-Federal interest to carry out activities under this section.
(1) In general
Not later than 2 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 on the pilot program carried out under this section.
(2) Inclusions
The Secretary shall include in the report under paragraph (1) a description of the activities of the Secretary that were carried out for each covered project and any lessons learned from carrying out those activities.
(g) Limitations
Nothing in this section—
(1) affects, modifies, or changes the authorized purposes of a covered project;
(2) affects existing Corps of Engineers authorities, including authorities with respect to navigation, hydropower, flood damage reduction, and environmental protection and restoration;
(3) affects the ability of the Corps of Engineers to provide for temporary deviations;
(4) 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, 2213);
(5) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing multistate water control plan for the Colorado River Basin, if applicable;
(7) affects any water right in existence on the date of enactment of this Act;
(8) preempts or affects any State water law or interstate compact governing water;
(9) affects existing water supply agreements between the Secretary and the non-Federal interest; or
(10) affects any obligation to comply with the provisions of any Federal or State environmental law, including—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(a) Sense of Congress
It is the sense of Congress that through this Act, as well as through section 1115 of the Water Resources Development Act of 2018, that Congress has provided the Secretary all of the authority, and all of the direction, needed to acquire interests in real estate that are less than fee simple title.
(b) Report
Not later than 90 days after the enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report indicating whether they agree with the sense of Congress in subsection (a).
(c) Disagreement
Should the result of report required in subsection (b) be that the Secretary disagrees with the sense of Congress in subsection (a), not later than 1 year after the enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report specifying recommendations and technical drafting assistance for statutory language that would provide the Secretary the intended authority and expressed in subsection (a).
Section 154. Levee Owners Board
Section 9003 of the Water Resources Development Act of 2007 (33 U.S.C. 3302) is amended to read as follows:
(a) Establishment of Owners Board
There is hereby established a Levee Owners Board (hereinafter in this section referred to as the Owners Board) composed of the eleven members appointed by the Secretary. The members shall be appointed so as to represent various regions of the country, including at least one Federal levee system owner-operator from each of the eight civil works divisions of the U.S. Army Corps of Engineers. The Secretary of the Army shall designate, and the Administrator of FEMA may designate, a representative to act as an observer of the Owners Board.
(A) In general
A member of the Owners Board shall be appointed for a period of 3 years.
(B) Reappointment
A member of the Owners Board may be reappointed to the Owners Board, as the Secretary determines to be appropriate.
(C) Vacancies
A vacancy on the Owners Board shall be filled in the same manner as the original appointment was made.
(A) In general
The members of the Owners Board shall appoint a chairperson from among the members of the Owners Board.
(1) In general
The Owners Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding levee system reliability throughout the United States.
(2) Advice and recommendations
The Owners Board shall provide—
(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding overall levee system reliability;
(B) advice and recommendations to Congress regarding any feasibility report for a flood risk management project that has been submitted to Congress;
(C) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding flood risk management project construction and rehabilitation priorities and corresponding spending levels;
(D) advice and recommendations to the Secretary and the Congress regarding effectiveness of the U.S. Army Corps of Engineers levee safety program, including comments and recommendations on the budgets and expenditures as described in subsection (c)(2); and
(E) advice and recommendations to the Secretary, the Congress, and the Administrator regarding effectiveness of the levee safety initiative established by section 9005, including comments and recommendations on the budgets and expenditures described in subsection (c)(2).
(3) Independent judgment
Any advice or recommendations made by the Owners Board shall reflect the independent judgment of the Owners Board.
(c) Duties of the Secretary
The Secretary shall—
(1) designate an Executive Secretary who shall assist the Chairman in administering the Owners Board and ensuring that the Owners Board operates in accordance with chapter 10 of title 5, United States Code;
(2) provide to the Owners Board such detailed reports of Corps activities and expenditures related to flood risk management and levees, including for the Corps levee safety program and the levee safety initiative, not less frequently than semiannually; and
(3) submit to the Owners Board a courtesy copy of any completed feasibility report for a flood risk management project submitted to Congress.
(1) In general
The Owners Board shall be subject to chapter 10 of title 5, other than section 1013, and with the consent of the appropriate agency head, the Owners Board may use the facilities and services of any Federal agency.
(2) Members not considered special Government employees
For the purposes of complying with chapter 10 of title 5, United States Code, the members of the Owners Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code).
(3) Travel expense
Non-Federal members of the Owners Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.
Section 155. Definition
For the purposes of this Act, the term State shall have the meaning given to such term in the Act of October 15, 1940 (33 U.S.C. 701h-1).
(a) Feasibility studies
The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Project for ecosystem restoration, Claiborne and Millers Ferry Locks and Dams Fish Passage, Lower Alabama River, Alabama, authorized pursuant to section 216 of the Flood Control Act of 1970 (84 Stat. 1830).
(2) Project for navigation, Akutan Harbor Navigational Improvements, Alaska, authorized pursuant to section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269).
(3) Project for ecosystem restoration, Central and South Florida, Comprehensive Everglades Restoration Program, Lake Okeechobee Watershed Restoration, Florida, authorized by section 601(b)(1) of the Water Resources Development Act of 2000 (114 Stat. 2680).
(4) Project for coastal storm risk management, Miami-Dade Back Bay, Florida, authorized pursuant to the Act of June 15, 1955 (chapter 140, 69 Stat. 132).
(5) Project for navigation, Tampa Harbor, Pinellas and Hillsborough Counties, Florida, Deep Draft Navigation, authorized by the resolution of the Committee on Transportation and Infrastructure of the House of Representatives, dated July 23, 1997.
(6) Project for ecosystem restoration, Central and South Florida, Comprehensive Everglades Restoration Program, Western Everglades Restoration Project, Florida, authorized by section 601(b)(1) of the Water Resources Development Act of 2000 (114 Stat. 2680).
(7) Project for flood risk management, Ala Wai Canal General Reevaluation, Hawaii, authorized by section 1401(2) of the Water Resources Development Act of 2018 (132 Stat. 3837).
(8) Project for flood risk management, Amite River and Tributaries, East of the Mississippi, Louisiana, authorized by the resolution of the Committee on Public Works of the United States Senate, adopted April 14, 1967.
(9) Project for coastal storm risk management, Baltimore Metropolitan, Baltimore City, Maryland, authorized by the resolution of the Committee on Public Works and Transportation of the House of Representatives, dated April 30, 1992.
(10) Project for coastal storm risk management, Nassau County Back Bays, New York, authorized pursuant to the Act of June 15, 1955 (chapter 140, 69 Stat. 132).
(11) Project for coastal storm risk management, Surf City, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367).
(12) Project for flood risk management, Tar-Pamlico River Basin, North Carolina, authorized by the resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives dated April 11, 2000, and May 21, 2003.
(13) Project for coastal storm risk management, Puerto Rico, authorized by section 204 of the Flood Control Act of 1970 (84 Stat. 1828).
(14) Project for ecosystem restoration, Hatchie-Loosahatchie, Mississippi River Miles 775–736, Tennessee and Arkansas, authorized by section 1202(a) of the Water Resources Development Act of 2018 (132 Stat. 3803).
Section 203. Expedited modification of existing feasibility studies
The Secretary shall expedite the completion of the following feasibility studies, as modified by this section, and if the Secretary determines that a project that is the subject of the feasibility study is justified in the completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Mare Island Strait, California
The study for navigation, Mare Island Straight channel, authorized by section 406 of the Water Resources Development Act of 1999 (113 Stat. 323; 136 Stat. 3753), is modified to authorize the Secretary to consider the benefits of deepening the channel to support activities of the Secretary of the department in which the Coast Guard is operating.
(2) Savannah Harbor, Georgia
Section 8201(b)(4) of the Water Resources Development Act of 2022 (136 Stat. 3750) is amended by striking, without evaluation of additional deepening and inserting, including evaluation of additional deepening.
(3) Honolulu Harbor, Hawaii
The study to modify the project for navigation, Honolulu, Hawaii, authorized by the first section of the Act of March 3, 1905 (chapter 1482, 33 Stat. 1146; 136 Stat. 3750), is modified to authorize the Secretary to consider the benefits of the project modification on disaster resilience and enhanced national security from utilization of the harbor by the Department of Defense.
(4) Alexandria to the Gulf of Mexico, Louisiana
The study for flood control, navigation, wetland conservation and restoration, wildlife habitat, commercial and recreational fishing, saltwater intrusion, freshwater and sediment diversion, and other purposes, in the area drained by the intercepted drainage system of the West Atchafalaya Basin Protection Levee, from Alexandria, Louisiana to the Gulf of Mexico, being carried out under Committee Resolution 2535 of the Committee on Transportation and Infrastructure of the House of Representatives, adopted July 23, 1997, is modified to include the parishes of Pointe Coupee, Allen, Calcasieu, Jefferson Davis, Acadia, Iberville, and Cameron within the scope of the study.
(5) Saw Mill River, New York
The study for flood risk management and ecosystem restoration to address areas in the City of Yonkers and the Village of Hastings-on-the-Hudson within the 100-year flood zone, Saw Mill River, New York, authorized by section 8201(a)(70) of the Water Resources Development Act of 2022 (136 Stat. 3748), is modified to authorize the Secretary to include within the scope of the study areas surrounding the City of Yonkers and the Village of Hastings-on-the-Hudson and the Village of Elmsford and the Village of Ardsley.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on access for individuals with disabilities to covered recreational areas.
(2) Requirements
The Secretary shall include in the report submitted under paragraph (1)—
(A) existing policies or guidance for complying with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at covered recreational areas;
(B) a complete list of covered recreational areas, and the status of each covered recreational area with respect to compliance with the requirements of such Act;
(C) identification of policy changes, internal guidance changes, or changes to shoreline management plans that may result in increased access for individuals with disabilities to covered recreational areas, including access to fishing-related recreational activities at covered recreational areas;
(D) an analysis of barriers that exist for covered recreational areas to fully comply with the requirements of such Act; and
(E) identification of specific covered recreational areas that could be improved or modified to better accommodate visitors with disabilities, including to increase recreational fishing access for individuals with disabilities.
(3) Covered recreational area defined
In this subsection, the term covered recreational area means all sites constructed, owned, operated, or maintained by the Secretary that are used for recreational purposes.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on instances of high turbidity in a reservoir in the Willamette Valley resulting from a drawdown in the reservoir.
(2) Scope
In carrying out subsection (a), the Secretary shall—
(A) collaborate with any relevant Federal, State, and non-Federal entities;
(B) identify and report instances during the 10-year period preceding the date of enactment of this Act in which turbidity concerns have arisen following a drawdown at a reservoir in the Willamette Valley, including Foster Lake and Green Peter Lake;
(C) report on turbidity monitoring that the Secretary performs during drawdowns to identify, and if necessary correct, turbidity issues;
(D) provide a summary of turbidity monitoring records collected during drawdowns with respect to which turbidity concerns have been raised by the public, including a comparison between turbidity prior to a drawdown, during a drawdown, and following refilling;
(E) identify lessons learned associated with turbidity resulting from drawdowns and indicate how changes based on those lessons learned are being implemented; and
(F) identify opportunities to minimize monetary strains on non-Federal entities caused by increased turbidity levels.
(1) Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
(A) highlights any security deficiencies that exist with respect to the Soo Locks;
(B) highlights any supply chain, logistical, and economic effects that would result from a malfunction or failure of the Soo Locks;
(C) highlights any effects on the Great Lakes Navigation System that would result from such a malfunction or failure;
(D) highlights any potential threats to the integrity of the Soo Locks;
(E) details the Corps of Engineers security measures in place to protect the Soo Locks; and
(F) contains recommendations, as necessary, and cost estimates for such recommendations, for—
(i) strengthening security measures for the Soo Locks; and
(ii) reducing the effects on the supply chain that would result from a malfunction or failure of the Soo Locks.
(2) Soo Locks defined
In this subsection, the term Soo Locks means the locks at Sault Sainte Marie, Michigan, authorized by section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254; 121 Stat. 1131; 136 Stat. 3844).
(1) In general
Not later than 1 year after the date of enactment of this Act, and each year thereafter for 4 years, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on any planned or ongoing efforts to promote, rehabilitate, and enhance the growth of seagrasses in Florida stormwater treatment areas.
(2) Requirements
In carrying out subsection (a), the Secretary shall coordinate with relevant Federal, State, and local agencies and other regional stakeholders.
(3) Florida stormwater treatment area defined
In this subsection, the term Florida stormwater treatment area means a stormwater treatment area in the State of Florida authorized by or pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786).
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the use of the authority under part 327 of title 36, Code of Federal Regulations, with respect to the issuance of new, or modifications to existing, shoreline use permits at the Table Rock Lake project of the Corps of Engineers, located in Missouri and Arkansas, authorized as one of the multipurpose reservoir projects in the White River Basin by section 4 of the Act of June 28, 1938 (52 Stat. 1218).
(2) Contents
The Secretary shall include in the report required under paragraph (1)—
(A) a review of existing regulatory and administrative requirements related to the lease, rent, sublease, or other usage agreement by a permittee for permitted facilities under a shoreline use permit, including a floating, nonfloating, or fixed-floating structure;
(B) a description of the authority and public-interest rationale for such requirements, including impacts on local businesses, property owners, and prospective lessors, renters, or other contractual users of such facilities; and
(C) a description of the authority for the transfer of shoreline use permits upon transfer of the permitted facility by sale or other means.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the policies of the Corps of Engineers relating to using property buyouts as part of coastal storm risk management projects.
(2) Requirements
In developing the report under paragraph (1), the Secretary shall consider ways in which current policies on mandatory property buyouts may—
(A) diminish the incentives for local communities to work with the Corps of Engineers; and
(B) increase vulnerabilities of communities to flood risk, including communities described in the guidance issued by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
(1) In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on fuel efficiency of each vessel within the fleet of vessels owned by the Corps of Engineers.
(2) Contents
In the report submitted under paragraph (1), the Secretary shall include the following:
(A) A list of vessels that are commercially available and may be used to carry out the missions of the Corps of Engineers that can be incorporated into the fleet of vessels owned by the Corps of Engineers to increase fuel efficiency of such fleet.
(B) A list of modifications that can be made to increase fuel efficiency of such fleet and the associated cost of such modifications.
(C) A life cycle cost analysis of replacing vessels owned by the Corps of Engineers with vessels that are more fuel efficient.
(D) A description of technologies used or available to the Secretary to evaluate fuel efficiency of each vessel owned by the Corps of Engineers.
(E) A description of other opportunities to increase fuel efficiency of each such vessel.
(F) A description of potential cost savings by increasing fuel efficiency of such vessels.
(G) A description of State or local policies or requirements regarding efficiencies or emissions of vessels, or related technology, that the Secretary must comply with at water resources development projects, and any impact such policies and requirements have on project costs.
(h) Report on boat ramps
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—
(1) the number of boat ramps constructed by the Secretary that are located at a site constructed, owned, operated, or maintained by the Secretary;
(2) the number of such boat ramps that are operational; and
(3) the number of such boat ramps that require maintenance in order to be made operational.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the treatment of donor ports under section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) that includes—
(A) a description of the funding available to donor ports under such section, including a description of how eligibility for such donor ports has been modified;
(B) a summary of all funds that have been provided to donor ports under such section;
(C) an assessment of how the Secretary provides funding under such section to donor ports, including—
(i) a complete description of the process and data used to determine eligibility; and
(ii) the impact construction and maintenance projects, including maintenance dredging and deep draft navigation construction projects, have on donor port eligibility;
(D) an assessment of other major container ports that are not currently eligible as a donor port under such section and a description of the criteria that exclude such container ports from eligibility; and
(E) recommendations to improve the provision of funds under such section.
(2) Report
Upon completion of the review required under paragraph (1), the Comptroller General 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 containing the results of such review.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete an analysis of—
(A) the extent to which the Corps of Engineers utilizes digital infrastructure technologies for delivery of authorized water resources development projects, including 3D modeling;
(B) the digital technology systems utilized by the Corps of Engineers;
(C) the digital technology systems utilized by non-Federal entities working with the Secretary on authorized water resources development projects;
(D) the cost to the Government of supporting multiple digital technology systems utilized by the Corps of Engineers;
(E) available digital technology systems that may be used to for the delivery of authorized water resources development projects;
(F) any security concerns related to the use of digital technology systems and how such concerns may be addressed;
(G) the benefits of expanding the adoption of digital technology systems for use by the Corps of Engineers, including for delivery of authorized water resources development projects, in order to—
(i) maximize interoperability with other systems, products, tools, or applications;
(ii) boost productivity;
(iii) manage complexity;
(iv) reduce project delays and cost overruns;
(v) enhance safety and quality;
(vi) reduce total costs for the entire lifecycle of authorized water resources development projects;
(vii) reduce emissions and quantify other sustainable and resilient impacts;
(viii) promote more timely and productive information sharing; and
(ix) increase transparency as the result of the real-time sharing of information; and
(H) how the Corps of Engineers could better leverage digital technology systems to enable 3D model delivery and digital project delivery for—
(i) seamless application integration;
(ii) workflow and State-based access control capabilities;
(iii) audit trails; and
(iv) automation capabilities supporting a closed-loop process.
(2) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of Corps of Engineers disaster preparedness and response activities, including—
(A) an accounting of postdisaster expenditures from the Corp of Engineers–Civil–Flood Control and Coastal Emergencies account for each fiscal year beginning with fiscal year 2004, including—
(i) the amounts transferred to such account from other accounts of the Corps of Engineers to cover postdisaster activities in each fiscal year;
(ii) the name and location of the authorized water resources development projects impacted by the transfer of funds described in clause (i);
(iii) a summary of the activities and actions carried out with amounts available in such account, including the amount provided for salaries and expenses; and
(iv) trends in the provision of post-disaster assistance that may impact future spending through such account;
(B) an evaluation of—
(i) the publicly available information on disaster response and preparedness related to authorized water resources development projects, such as levees;
(ii) the impacts of natural disasters on authorized water resources development projects, including how such disasters affect the performance of such projects and resiliency of such projects to such disasters; and
(iii) whether the Corps of Engineers utilizes, or shares with non-Federal interests, information regarding such impacts in assessing whether modifications to such projects would reduce the likelihood of repetitive impacts or be in the public interest; and
(C) recommendations to improve the provision of assistance for response to natural disasters under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n).
(2) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of—
(A) unauthorized homeless encampments on water resources development projects constructed by the Corps of Engineers and lands owned or under the control of the Corps of Engineers;
(B) any actual or potential impacts of such encampments on the construction, operation and maintenance, or management of such projects and lands, including potential impacts on flood risk reduction or ecosystem restoration efforts, water quality, or public safety;
(C) efforts to remove or deter such encampments from such projects and lands, or remove any materials associated with such encampments that are unauthorized to be present and pose a potential threat to public safety, including manmade, flammable materials in urban and arid regions; and
(D) constraints on the ability of the Corps of Engineers to remove or deter such encampments due to Federal, State, or local laws, regulations, or ordinances.
(2) Consultation
In carrying out the analysis required under paragraph (1), the Comptroller General shall consult with the Secretary, the Administrator of the Federal Emergency Management Agency, the Administrator of the Environmental Protection Agency, and other relevant Federal, State, and local government officials and interested parties.
(3) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of the coordination of the Secretary with other Federal and State agencies and academic institutions in carrying out the development, update, modernization, and utilization of scientific, peer-reviewed data on the predictability of future resiliency, sea-level rise, and flood impacts.
(2) Scope
In conducting the analysis required under paragraph (1), the Comptroller General shall—
(A) consult with the Secretary, the heads of other relevant Federal and State agencies, and academic institutions that collect, analyze, synthesize, and utilize scientific, peer-reviewed data on the predictability of future resiliency, sea-level rise, and flooding events;
(B) examine the methodologies and mechanisms for collecting, analyzing, synthesizing, and verifying such data; and
(C) review and report on the opportunities for, and appropriateness of, the Secretary and relevant non-Federal interests to utilize such data in the planning, design, construction, and operation and maintenance of authorized water resources development projects.
(3) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of—
(A) nature-based features that are incorporated into authorized water resources development projects by the Corps of Engineers and the type of such projects;
(B) any limitation on the authority of the Secretary to incorporate nature-based features into authorized water resources development projects;
(C) regulatory processes necessary for the use of nature-based features, including permitting timelines;
(D) the level of efficacy and effectiveness of nature-based features at authorized water resources development projects that have—
(i) utilized such nature-based features; and
(ii) undergone extreme weather events, including hurricanes; and
(E) institutional barriers within the Corps of Engineers preventing broader consideration and integration of nature-based features, including—
(i) staff experience with, and expertise on, nature-based features;
(ii) official Corps of Engineers guidance on nature-based features;
(iii) time constraints or other expediency expectations; or
(iv) life cycle costs associated with incorporating nature-based features into water resources development projects.
(2) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(3) Definitions
In this subsection, the term nature-based feature has the meaning given the terms natural feature and nature-based feature in section 1184 of the Water Resources Development Act of 2016 (32 U.S.C. 2289a).
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of the use of ecosystem restoration by the Corps of Engineers for flood control or flood risk management projects.
(2) Scope
In conducting the analysis under paragraph (1), the Comptroller General shall assess—
(A) how the Corps of Engineers complies, integrates, and prioritizes ecosystem restoration in benefit-cost analysis and generation of project alternatives;
(B) the geographic distribution and frequency of ecosystem restoration for flood control or flood risk management projects;
(C) the rationale and benefit-cost analyses that drive decisions to incorporate ecosystem restoration into flood control or flood risk management projects;
(D) the additional long-term comprehensive benefits to local communities related to ecosystem restoration for flood control or flood risk management projects;
(E) recommendations for prioritizing ecosystem restoration as a tool for flood control and flood risk management projects; and
(F) the percentage of the annual construction budget utilized for ecosystem restoration projects over the past 5 years at flood control or flood risk management projects.
(3) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the Corps of Engineers procedures to address the discovery of Tribal historic or cultural resources, including village sites, burial sites, and human remains, at authorized water resources development projects.
(2) Scope
In conducting the review required under paragraph (1), the Comptroller General shall—
(A) evaluate the implementation of the Tribal Liaison requirements under section 8112 of the Water Resources Development Act of 2022 (33 U.S.C. 2281a);
(B) describe the procedures used by the Corps of Engineers when Tribal historic or cultural resources are identified at authorized water resources development projects, including—
(i) coordination with relevant Tribes, Federal, State, and local agencies;
(ii) the role and effectiveness of the Tribal Liaison;
(iii) recovery and reburial standards;
(iv) any differences in procedures used by each Corps of Engineers district; and
(v) as applicable, the implementation of the requirements of section 306108 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act) or the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq); and
(C) provide recommendations to improve the coordination between the Corps of Engineers and Tribes for the identification and recovery of Tribal historic and cultural resources discovered at authorized water resources development projects.
(3) Prioritization
In conducting the review required under paragraph (1), the Comptroller General shall prioritize reviewing procedures used by the Sacramento District in the South Pacific Division of the Corps of Engineers.
(4) Report
Upon completion of the review required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such review.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review on the Risk Rating 2.0 initiative.
(2) Contents
The Comptroller General shall include in the review required under paragraph (1) the following:
(A) A description of—
(i) the Corps of Engineers processes for communicating changes to floodplain maps made as a result of Risk Rating 2.0 to affected communities and property owners; and
(ii) any measures the Corps of Engineers has put in place to assist owners of property that has been included in floodplain maps as a result of Risk Rating 2.0, including any options for mitigating flood risk and financial support programs.
(B) An evaluation of the transparency and clarity of information provided to property owners about such changes, including an assessment of the adequacy of outreach and education efforts to inform such property owners about available resources for flood risk mitigation.
(C) An assessment of—
(i) the broader effects of changes to floodplain maps as a result of Risk Rating 2.0 on communities, including potential economic and social effects of increased floodplain designations;
(ii) the role of local governments and community organizations in responding to and managing such changes;
(iii) how such changes may affect the benefit-cost analysis used by the Corps of Engineers; and
(iv) whether such changes affect the prioritization and justification of flood risk management projects.
(3) Report
Upon completion of the review required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such review.
(a) In general
On the date on which the budget of the President is submitted to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2026, and for each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—
(1) with respect to the fiscal year for which the budget is submitted, the operation and maintenance costs associated with harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including a description of the costs required to achieve and maintain the constructed width and depth for such harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors (as defined in section 210(d)(2) of such Act), on a project-by-project basis;
(2) as of the date on which the report is submitted, expenditures and deposits into the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986;
(3) an identification of the amount of funding requested in the budget of the President for the operation and maintenance costs associated with such harbors and inland harbors, on a project-by-project basis;
(4) an explanation of how the amount of funding described in paragraph (2) complies with the requirements of section 102 of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note);
(5) an identification of the unmet operation and maintenance needs associated with such harbors and inland harbors, on a project-by-project basis, that remains after accounting for the amount identified under paragraph (3); and
(6) a description of deposits made into the Harbor Maintenance Trust Fund in the fiscal year preceding the fiscal year of the applicable budget submission and the sources of such deposits.
(b) Additional requirement
In the first report required to be submitted under subsection (a), 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 described in section 210(a)(2) of the Water Resources Development Act of 1986, on a project-by-project basis.
(c) Public availability
The Secretary shall make the report submitted under subsection (a) available to the public, including on the internet.
(1) Assessment of Harbors and Inland Harbors
Section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) is repealed.
(2) Harbor Maintenance Trust Fund deposits and expenditures
Section 330 of the Water Resources Development Act of 1992 (26 U.S.C. 9505 note) and the item related to such section in the table of contents for such Act, are repealed.
(a) In general
Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to measures that may be implemented to reduce the release of microplastics into the environment associated with carrying out the civil works missions of the Corps of Engineers.
(b) Focus areas
In carrying out subsection (a), the Secretary shall, at a minimum—
(1) review efforts to reduce the release of microplastics associated with sandblasting or hydro-blasting vessels owned or operated by the Corps of Engineers;
(2) research whether natural features or nature-based features can be used effectively to reduce the release of microplastics into the environment; and
(3) describe the potential costs and benefits, and the effects on the timeline for carrying out water resources development projects, of implementing measures to reduce the release of microplastics into the environment.
(a) In general
The Secretary shall carry out a post-disaster watershed assessment under section 3025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2267b) for the following areas:
(1) Areas of Maui, Hawaii, impacted by the August 2023 wildfires.
(2) Areas near Belen, New Mexico, impacted by the April 2022 wildfires.
(b) Report to Congress
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on Environment and Public Works of the Senate a report on the status of the post-disaster watershed assessments carried out under subsection (a).
(a) In general
The Secretary shall evaluate constructing a connection between the Upper Barataria Basin Hurricane and Storm Damage Risk Reduction project, Louisiana, authorized by section 8401(3) of the Water Resources Development Act of 2022 (136 U.S.C. 3839), and the project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana, authorized by section 1001(24) of the Water Resources Development Act of 2007 (121 Stat. 1053).
(b) Submission to Congress
Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the evaluation described in subsection (a) 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 any recommendations related to constructing a connection between the projects described in such subsection.
(a) In general
The Secretary shall conduct a study to evaluate and recommend local and systemic measures to improve flood resiliency and reduce flood risk in the floodplain, including the floodway, of the Upper Mississippi River System.
(b) Components
In carrying out the study required under subsection (a), the Secretary shall—
(1) develop recommendations to reduce costs and damages associated with flooding and enable people located in areas adjacent to, and economies dependent on, the Upper Mississippi River System to be more resilient to flood events;
(2) identify opportunities to support navigation, environmental sustainability, and environmental restoration goals for the Upper Mississippi River System, including recommending measures that are incidental flood risk measures that may achieve such goals;
(3) describe the existing flood risk conditions of the Upper Mississippi River System;
(4) develop and recommend integrated, comprehensive, and systems-based approaches for flood risk reduction and floodplain management to minimize the threat to life, health, safety, and property resulting from flooding by using structural and nonstructural measures in the Upper Mississippi River System;
(5) investigate and provide recommendations for modifications to authorized water resources development projects in Upper Mississippi River States within the floodplain of the Upper Mississippi River System, including modifications to the authorized purposes of such projects to further flood risk management and resiliency;
(6) perform a systemic analysis of flood resiliency and flood risk to determine the feasibility of protecting authorized water resources development projects for flood control and navigation in the Upper Mississippi River System;
(7) develop management plans and actions, to be carried out by the responsible Federal agency or State government, to reduce flood risk and improve resiliency in the Upper Mississippi River System;
(8) identify and provide recommendations for any necessary changes to Federal or State law to carry out recommendations provided pursuant to this section;
(9) recommend followup studies of problem areas in the Upper Mississippi River System for which data or technology does not allow immediate solutions; and
(10) recommend additional monitoring of, or systemic adaptive management measures for, authorized water resources development projects to respond to changing conditions in the Upper Mississippi River System.
(c) Coordination and consultation
In carrying out the study required under subsection (a), the Secretary shall—
(1) coordinate with the Upper Mississippi River States, including collectively through the Upper Mississippi River Basin Association;
(2) consult with the appropriate Federal agencies, levee and drainage districts, and units of local government, and the Mississippi River Commission; and
(3) seek and consider input from the Upper Mississippi navigation industry, agriculture and conservation organizations, and other interested parties in such States.
(d) Continuation of study
The following studies shall be considered a continuation of the study carried out under subsection (a):
(1) Any study recommended to be carried out in a report that the Chief of Engineers prepares for the study conducted under this section.
(2) Any study spun off from the study conducted under this section before completion of such study.
(e) Corps of Engineers District
The Secretary shall carry out the study required under subsection (a) through the St. Louis District in the Mississippi Valley Division of the Corps of Engineers.
(g) Definitions
In this section:
(1) Upper Mississippi River State
The term Upper Mississippi River State means any of the States of Illinois, Iowa, Minnesota, Missouri, or Wisconsin.
(2) Upper Mississippi River System
The term Upper Mississippi River System has the meaning given the term in section 1103(b) of the Water Resources Development Act of 1986 (33 U.S.C. 652(b)).
(a) In general
The Secretary shall conduct one or more studies on the effects of hot spot erosion on authorized coastal storm risk management projects in the State of New Jersey, which shall include, with respect to each affected project included in a study—
(1) the specific area of the project that is affected by hot spot erosion; and
(2) the impact of hot spot erosion on the effectiveness of the project in meeting the purpose of coastal storm risk management.
(b) Form
A study conducted under subsection (a) may be in the form of a general reevaluation report, an engineering documentation report, or any other method of assessment that the Secretary determines appropriate.
(c) Recommendations
Based on the study or studies carried out under subsection (a), the Secretary shall develop recommendations for mitigating the effects of hot spot erosion on authorized coastal storm risk management projects in the State of New Jersey, which may include recommendations relating to—
(1) the design and construction of seawalls, jetties, berms, groins, breakwaters, or other physical structures;
(2) the use of natural features and nature-based features, including living shorelines; and
(3) modifications to authorized project designs or renourishment schedules.
(d) Hot spot erosion defined
In this section, the term hot spot erosion means the loss of sediment in a specific, concentrated area, significantly faster than in immediately surrounding areas, due to natural processes.
Section 212. Oceanside, California
The Secretary—
(1) shall—
(A) expedite the completion of the study of plans for mitigation and beach restoration authorized by section 414 of the Water Resources Development Act of 2000 (114 Stat. 2636); and
(B) produce a report of the Chief of Engineers with a recommended plan for mitigation and beach restoration based on updated sediment sampling and analysis; and
(2) may, if the Secretary determines that the mitigation and beach restoration plans described in such study are technically feasible and environmentally acceptable, proceed directly to preconstruction planning, engineering, and design of the mitigation and beach restoration work.
(a) In general
The Secretary is authorized to carry out comprehensive studies for riverine and coastal flooding of coastal areas in the State of Washington.
(b) Requirements
In carrying out a study under subsection (a), the Secretary shall—
(1) conduct a comprehensive analysis of current riverine and coastal flooding and corresponding risk reduction measures with an emphasis on resiliency to maintain or enhance current levels of risk management in response to changing conditions;
(2) establish a method of projecting sea level rise with limited tide gage information and develop applicable tools to address the unique coastal flooding process in the Pacific Northwest region;
(3) conduct research and development to understand the atmospheric, oceanic, geologic, and coastal forcing and response conditions necessary to develop a numerical modeling system that may be used for developing coastal hazard data, and how to best include that information in such a modeling system;
(4) identify coastal vulnerabilities and risks in riverine and coastal areas due to sea level change, extreme weather, and increased coastal storm risk;
(5) identify Tribal and economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) with riverine and coastal flooding vulnerabilities and risks; and
(6) recommend actions necessary to protect critical public infrastructure, communities, and critical natural or cultural resources.
(c) Data needs
In carrying out this section, the Secretary shall, to the maximum extent practicable and where appropriate, use existing data provided to the Secretary by Federal and State agencies, Indian Tribes, and other stakeholders, including data obtained through other Federal programs.
(a) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the deauthorization and potential removal of the Cherryfield Local Protection Project, Narraguagus River, Maine, constructed pursuant to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(b) Report to Congress
Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of the disposition study required under subsection (a).
(a) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the deauthorization and potential removal of the Poor Farm Pond Dam, Worcester, Massachusetts.
(b) Report to Congress
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of the disposition study required under subsection (a).
(a) In general
The Secretary shall seek to enter into an agreement with the National Academy of Sciences to prepare a report containing—
(1) the results of a study on the management and operations of the dams and reservoirs in the Upper Rio Grande Basin, including the Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon, and Elephant Butte dams and reservoirs; and
(2) recommendations for future management and operation strategies for such dams and reservoirs with a goal of optimizing currently authorized project purposes and enhancing resiliency, including to drought and weather variations.
(b) Consultation
In preparing the report under subsection (a), the National Academy of Sciences shall consult with relevant Federal agencies.
(c) Report
Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the report prepared under subsection (a).
(a) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the release, transfer, conveyance, or exchange of excess easements, or the exchange of land, held for placement of dredged material for the project for navigation, Houston Ship Channel Expansion Channel Improvement Project, Harris, Chambers, and Galveston Counties, Texas, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2734).
(b) Actions
In carrying out the study required under subsection (a) the Secretary shall—
(1) ensure that the relevant non-Federal interest is provided right of first refusal for any potential release, transfer, conveyance, or exchange of excess easements; and
(2) work alongside the non-Federal interest in identifying opportunities for land exchanges, where possible.
(a) In general
The Secretary shall share data and coordinate with relevant Federal, State, and local agencies to obtain an accurate count of Cape Sable Seaside Sparrows in Florida during each year and, to the maximum extent practicable, during the 5-year period preceding each such year.
(b) Submission of information to Congress
Not later than 90 days after the date of enactment of this Act, and annually thereafter during the 10-year period beginning on such date of enactment, 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 the information obtained under subsection (a).
Section 219. Wilson Lock floating guide wall, Alabama
On the request of the relevant Federal entity, the Secretary shall, to the maximum extent practicable, use all relevant authorities to expeditiously provide technical assistance, including engineering and design assistance, and cost estimation assistance to the relevant Federal entity in order to address the impacts to navigation along the Tennessee River at the Wilson Lock and Dam, Alabama.
Section 220. Algiers Canal Levees, Louisiana
The Secretary shall issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate within 60 days of the passage of this Act detailing the Corps plan to assume responsibilities for the Algiers Canal Levee as outlined in section 8340(a) of the Water Resources Development Act of 2022 (136 Stat. 3795).
(a) In general
Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) that are not otherwise obligated, the Secretary may—
(1) design and construct the new building for operations and maintenance in Galveston, Texas, described in the prospectus submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on May 22, 2024, pursuant to subsection (c) of such Act (33 U.S.C. 576(c)), substantially in accordance with such prospectus;
(2) design and construct the new warehouse facility at the Longview Lake Project near Lee’s Summit, Missouri, described in the prospectus submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on May 22, 2024, pursuant to subsection (c) of such Act (33 U.S.C. 576(c)), substantially in accordance with such prospectus;
(3) design and construct the joint facility for the resident office for the Corpus Christi Resident Office (Construction) and the Corpus Christi Regulatory Field Office on existing federally owned property at the Naval Air Station, in Corpus Christi, Texas, described in the prospectus submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on June 6, 2023, pursuant to subsection (c) of such Act (33 U.S.C. 576(c)), substantially in accordance with such prospectus; and
(4) carry out such construction and infrastructure improvements as are required to support such building and facilities, including any necessary demolition of the existing infrastructure.
(b) Requirement
In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by the first section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds appropriated for Corps of Engineers programs that benefit from the building and facilities constructed under this section.