(a) Short title
This Act may be cited as the Thomas R. Carper Water Resources Development Act of 2024.
(b) Table of contents
The table of contents for this Act is as follows:
Section 1001. Short title
This division may be cited as the Water Resources Development Act of 2024.
Section 1002. Secretary defined
In this division, the term Secretary means the Secretary of the Army.
(a) In general
Section 8117(b) of the Water Resources Development Act of 2022 (33 U.S.C. 2281b(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)(iii), by striking and at the end;
(B) in subparagraph (B), by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(C) ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))), including operations, maintenance, repair, replacement, and rehabilitation responsibilities.
(C) ;
(2) in paragraph (2)—
(A) by striking subparagraph (B) and inserting the following:
(B) designate and make publicly available a community project advisor at each district and division office of the Corps of Engineers for—
(i) inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and
(ii) any other responsibilities as determined by the Secretary that are appropriate to carry out this section;
(A) ;
(B) in subparagraph (D), by striking and at the end;
(C) in subparagraph (E), by striking the period at the end and inserting; and; and
(D) by adding at the end the following:
(F) to the maximum extent practicable—
(i) develop and continue to make publicly available, through a publicly available existing website, information on the projects and studies within the jurisdiction of each district of the Corps of Engineers; and
(ii) ensure that the information described in clause (i) is consistent and made publicly available in the same manner across all districts of the Corps of Engineers.
(D) ;
(3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
(3) Guidance
The Secretary shall develop and issue guidance to ensure that community project advisors designated under paragraph (2)(B) are adequately fulfilling their obligations under that paragraph.
(4) .
(b) Briefing
Not later than 60 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the implementation of section 8117 of the Water Resources Development Act of 2022 (33 U.S.C. 2281b), including the amendments made to that section by subsection (a), including—
(1) a plan for implementing any requirements under that section; and
(2) any potential barriers to implementing that section.
(1) In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a plan for implementing this division and the amendments made by this division.
(2) Requirements
In developing the plan under paragraph (1), the Secretary shall—
(A) identify each provision of this division (or an amendment made by this division) that will require—
(i) the development and issuance of guidance, including whether that guidance will be significant guidance;
(ii) the development and issuance of a rule; or
(iii) appropriations;
(B) develop timelines for the issuance of—
(i) any guidance described in subparagraph (A)(i); and
(ii) each rule described in subparagraph (A)(ii); and
(C) establish a process to disseminate information about this division and the amendments made by this division to each District and Division Office of the Corps of Engineers.
(3) Transmittal
On completion of the plan under paragraph (1), the Secretary shall transmit the plan to—
(A) the Committee on Environment and Public Works of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(1) Definition of prior water resources development law
In this subsection, the term prior water resources development law means each of the following (including the amendments made by any of the following):
(A) The Water Resources Development Act of 2000 (Public Law 106–541).
(B) The Water Resources Development Act of 2007 (Public Law 110–114).
(C) The Water Resources Reform and Development Act of 2014 (Public Law 113–121).
(D) The Water Resources Development Act of 2016 (Public Law 114–322).
(E) The Water Resources Development Act of 2018 (Public Law 115–270).
(F) The Water Resources Development Act of 2020 (Public Law 116–260).
(G) The Water Resources Development Act of 2022 (Public Law 117–263).
(A) In general
Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the status of efforts by the Secretary to implement the prior water resources development laws.
(i) In general
As part of the notice under subparagraph (A), the Secretary shall include a list describing each provision of a prior water resources development law that has not been fully implemented as of the date of submission of the notice.
(ii) Additional information
For each provision included on the list under clause (i), the Secretary shall—
(I) establish a timeline for implementing the provision;
(II) provide a description of the status of the provision in the implementation process; and
(III) provide an explanation for the delay in implementing the provision.
(A) In general
Not later than 180 days after the date of enactment of this Act, and every 90 days thereafter until the Chairs of the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives determine that this division, the amendments made by this division, and prior water resources development laws are fully implemented, the Secretary shall provide to relevant congressional committees a briefing on the implementation of this division, the amendments made by this division, and prior water resources development laws.
(B) Inclusions
A briefing under subparagraph (A) shall include—
(i) updates to the implementation plan under subsection (a); and
(ii) updates to the written notice under paragraph (2).
(c) Additional notice pending issuance
Not later than 30 days before issuing any guidance, rule, notice in the Federal Register, or other documentation required to implement this division, an amendment made by this division, or a prior water resources development law (as defined in subsection (b)(1)), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice regarding the pending issuance.
(1) Definitions
In this subsection:
(A) Prior water resources development law
The term prior water resources development law has the meaning given the term in subsection (b)(1).
(B) Team
The term team means the Water Resources Development Act implementation team established under paragraph (2).
(2) Establishment
The Secretary shall establish a Water Resources Development Act implementation team that shall consist of current employees of the Federal Government, including—
(A) not fewer than 2 employees in the Office of the Assistant Secretary of the Army for Civil Works;
(B) not fewer than 2 employees at the headquarters of the Corps of Engineers; and
(C) a representative of each district and division of the Corps of Engineers.
(3) Duties
The team shall be responsible for assisting with the implementation of this division, the amendments made by this division, and prior water resources development laws, including—
(A) performing ongoing outreach to—
(i) Congress; and
(ii) employees and servicemembers stationed in districts and divisions of the Corps of Engineers to ensure that all Corps of Engineers employees are aware of and implementing provisions of this division, the amendments made by this division, and prior water resources development laws, in a manner consistent with congressional intent;
(B) identifying any issues with implementation of a provision of this division, the amendments made by this division, and prior water resources development laws at the district, division, or national level;
(C) resolving the issues identified under subparagraph (B), in consultation with Corps of Engineers leadership and the Secretary; and
(D) ensuring that any interpretation developed as a result of the process under subparagraph (C) is consistent with congressional intent for this division, the amendments made by this division, and prior water resources development laws.
(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 3 years after the date of initiation and inserting 4 years after the date 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) by striking paragraph (2) and inserting the following:
(2) have a maximum total cost of $5,000,000; and
(2) .
(b) Savings Clause
Nothing in the amendments made by subsection (a) shall be construed to affect a feasibility study that was initiated prior to the date of the enactment of this Act.
(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.
Section 1105. Review process
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended 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 clear, concise, and specific guidance to be used within the Corps of Engineers and by non-Federal entities developing applications for permission standardizing the review process across Districts.
(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 shall meet with the non-Federal entity to—
(A) provide clear, concise, and specific design standards that the non-Federal entity must use in the development of the application;
(B) recommend, based on coordination with the non-Federal entity, the appropriate number of design packages for submission for the proposed action, and the stage of development at which such packages should be submitted; 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).
Section 1105. Review process
.
Section 1106. Processing timelines
Not later than 30 days after the end of each fiscal year, the Secretary shall ensure that the public website for the permit finder of the Corps of Engineers accurately reflects the current status of permits for which funds have been contributed under section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2352).
(a) In general
The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests.
(1) Prioritization
In carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.
(2) Use of natural and nature-based features
In carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))).
(3) Consideration
In carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project.
(A) In general
The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.
(B) Credit
The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.
(5) Agreements
Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—
(A) the non-Federal share of the costs of construction required under this section; and
(B) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.
(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
(i) ;
(ii) by striking upon the written approval and inserting the following:
(B) upon the determination
(ii) ;
(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;
(ii) ;
(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.
(C) ;
(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.
(ii) ;
(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
(A) ;
(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 Federal share of the 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:
(4) .
(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), by striking paragraph (1) and inserting the following:
(1) In general
When requested by a non-Federal interest carrying out a project or separable element of a project under this section, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project or separable element of a project under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to provide funds to the United States for the studies, engineering, or technical assistance.
(1) ;
(2) in subsection (d)—
(A) in paragraph (1)(A), by striking plans each place it appears and inserting plan;
(B) in paragraph (3)(B), by inserting, discrete segment of the project, or separable element of the project after the project;
(C) in paragraph (5) by striking plans each place it appears and inserting plan; 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) .
(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 1111. Annual report to Congress
Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) is amended—
(1) in subsection (c)(1)(D)(iii)—
(A) in subclause (VIII), by striking; and and inserting a semicolon;
(B) in subclause (IX), by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(X) section 1108 of the Water Resources Development Act of 2024.
(C) ;
(2) by redesignating subsection (g) as subsection (i); and
(3) by inserting after subsection (f) the following:
(g) Non-Federal interest notification
After the publication of the annual report under subsection (f), if the proposal of a non-Federal interest submitted under subsection (b) was included by the Secretary in the appendix under subsection (c)(4), the Secretary shall provide written notification to the non-Federal interest of such inclusion.
(h) Congressional notification
Not later than 30 days after the publication of the annual report under subsection (f), for each proposal included in that annual report or appendix, the Secretary shall notify each Member of Congress that represents the State in which that proposal will be located that the proposal was included the annual report or the appendix.
(3) .
(a) In general
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.
(b) Process
The Secretary shall establish a process to carry out subsection (a).
(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.
Section 1114. Silver Jackets program
The Secretary shall continue the Silver Jackets program established by the Secretary pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) and section 204 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5134).
Section 1115. 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; and
(2) by striking paragraph (4) and inserting the following:
(4) West Virginia University to conduct academic research on flood resilience planning and risk management, water resource-related emergency management, aquatic ecosystem restoration, water quality, hydropower (including siting and risk management for open- and closed-loop pumped hydropower energy storage), and water resource-related recreation (including management of water-related resources for recreation) in the State of West Virginia;
(5) Delaware State University to conduct academic research on water resource ecology, water quality, aquatic ecosystem restoration, coastal restoration, and water resource-related emergency management in the State of Delaware, the Delaware River Basin, and the Chesapeake Bay watershed;
(6) the University of Notre Dame to conduct academic research on hazard mitigation policies and practices in coastal communities, including through the incorporation of data analysis and the use of risk-based analytical frameworks for reviewing flood mitigation and hardening plans and for evaluating the design of new infrastructure;
(7) Mississippi State University to conduct academic research on technology to be used in water resources development infrastructure, analyses of the environment before and after a natural disaster, and geospatial data collection;
(8) 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;
(9) 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
(10) 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.
(2) .
Section 1116. Temporary relocation assistance pilot program
Section 8154(g)(1) of the Water Resources Development Act of 2022 (136 Stat. 3735) 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).
Section 1116. Temporary relocation assistance pilot program
.
(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 1118. 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 1118. Inland waterways regional dredge pilot program
.
(a) In general
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.
(1) ;
(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.
(3) .
(b) Savings clause
Nothing in the amendments made by subsection (a) shall affect—
(1) an agreement between the Secretary and a non-Federal interest that is in effect on the date of enactment of this Act, except that, upon request by the non-Federal interest party to such agreement, the Secretary and the non-Federal interest may modify such agreement; or
(2) the inclusion in an agreement between the Secretary and a non-Federal interest entered into after the date of enactment of this Act of a dredged material disposal facility that is included in an agreement between the Secretary and a non-Federal interest in effect on the date of enactment of this Act, unless the non-Federal interest is notified and agrees.
(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 1121. 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 1122. 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) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
(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—
(1) shall 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) shall 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) shall 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, shall—
(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, may provide subject matter expertise, mapping services, and technology evolution assistance;
(6) may 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) shall 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) may maintain the panel of senior leaders established under section 8110(e) of the Water Resources Development Act of 2022; and
(9) may 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.
(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
(1) ;
(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) is authorized to 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.
(4) .
(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).
(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 the operation of 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).
(a) In general
Section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)) is amended—
(1) in the matter preceding paragraph (1), by striking 65 percent of the costs and inserting 75 percent of the costs; and
(2) in the second sentence, by striking 35 percent of such costs and inserting 25 percent of such costs.
(b) Application
The amendments made by subsection (a) shall apply beginning on October 1, 2024, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.
Section 1127. Planning assistance for States
Section 22(a)(2)(B) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(a)(2)(B)) is amended by inserting and title research for abandoned structures before the period at the end.
Section 1128. Expedited consideration
Section 7004(b)(4) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1374; 132 Stat. 3784) is amended by striking December 31, 2024 and inserting December 31, 2026.
Section 1129. 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.
(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;
(B) ;
(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;
(B) ;
(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.
(2) .
(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 volume (as measured in cubic yards) of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.
(2) .
(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.
(1) In general
The Secretary is authorized to make available to a non-Federal interest, at no additional cost, dredged material that the Secretary has determined is in excess of the amounts identified as needed for use by the Secretary.
(2) Responsibility
The non-Federal interest shall be responsible for all costs to remove and transport such material, and shall certify that the non-Federal interest is responsible for any and all liability related to the removal of such material or the use of such material once it is removed.
(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) Limitation
Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
(d) 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.
(e) Funding
The Secretary is authorized, to the extent and in the amounts provided in advance in appropriations Acts, 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.
(f) 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.
(g) 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.
(h) 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) 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.
(2) .
(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.
(b) National inventory of dams and low-Head dams
.
(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.
(1) ;
(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.
(3) ;
(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.
(B) .
(e) Conforming amendment
Section 15 of the National Dam Safety Program Act (33 U.S.C. 467o) is repealed.
Section 1133. 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.
(1) ;
(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 1134. 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 in the United States or its territories 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)—
(A) in paragraph (6), by inserting Watershed after Okeechobee;
(B) in paragraph (13), by striking and at the end;
(C) in paragraph (14), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
(15) Lake Elsinore, California; and
(16) Willamette River, Oregon.
(D) ;
(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.
(5) .
Section 1135. 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
(3) .
Section 1136. 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.
(E) .
Section 1137. Eligibility for inter-Tribal consortiums
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting and an inter-tribal consortium (as defined in section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202)) after 5304)).
Section 1138. 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.
(M) Winooski River tributary watershed, Vermont.
Section 1138. Shoreline and riverine protection and restoration
.
(a) In general
Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) is amended—
(1) 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 extent to which the non-Federal interest is an economically disadvantaged community (as defined pursuant to 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), the 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.
(1) ; and
(2) by adding at the end the following:
(5) Exception
This subsection shall not apply to project costs greater than the national economic development 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, including—
(I) the name of the non-Federal interest that submitted to the Secretary a request for a determination under this subsection; and
(II) the name and location of the project;
(ii) the determination of the Secretary with respect to each such request;
(iii) the basis for each such determination; and
(iv) the adjusted share of the costs of the project of the non-Federal interest, if applicable.
(C) Inclusion in chief’s report
The Secretary may include a 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.
(2) .
(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 1140. Tribal partnership program
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—
(1) in subsection (a)—
(A) in the subsection heading, by striking Definition of Indian Tribe and inserting Definitions;
(B) by striking In this section, the term and inserting “In this section:
(1) Indian tribe
The terms Indian tribe and Indian Tribe have the meanings given the terms
(B) ; and
(C) by adding at the end the following:
(2) Inter-tribal consortium
The term inter-tribal consortium has the meaning given the term in section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202).
(3) Tribal organization
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(C) ;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by inserting, inter-tribal consortiums, Tribal organizations, after Indian tribes; and
(ii) in subparagraph (A), by inserting, inter-tribal consortiums, or Tribal organizations after Indian tribes;
(B) by striking paragraph (2) and inserting the following:
(B) ;
(C) in paragraph (3)(A)—
(i) by inserting, an inter-tribal consortium, or a Tribal organization after an Indian tribe; and
(ii) by inserting, inter-tribal consortium, or Tribal organization after the Indian tribe; and
(D) in paragraph (4), by striking $26,000,000 each place it appears and inserting $28,500,000;
(3) in subsection (d), by adding at the end the following:
(A) In general
The Secretary shall annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written notification of determinations made by the Secretary of the ability of non-Federal interests to pay under this subsection.
(B) Contents
In preparing the written notification under subparagraph (A), the Secretary shall include, for each determination made by the Secretary—
(i) the name of the non-Federal interest that submitted to the Secretary a request for a determination under paragraph (1)(B);
(ii) the name and location of the project; and
(iii) the determination made by the Secretary and the reasons for the determination, including the adjusted share of the costs of the project of the non-Federal interest, if applicable.
(3) ; and
(4) by striking subsection (e) and inserting the following:
(1) In general
The Secretary shall establish a pilot program to carry out water-related planning activities or activities relating to the study, design, and construction of water resources development projects that otherwise meet the requirements of this section.
(2) Project selection
The Secretary shall carry out not more than 7 activities or projects under the pilot program described in paragraph (1), of which—
(A) one is located along the Mid-Columbia River, Washington, Tancum Creek, Washington, or Similk Bay, Washington;
(B) one is located at Big Bend, Lake Oahe, Fort Randall, or Gavins Point reservoirs, South Dakota; and
(C) notwithstanding the limitations described in subsection (b)(1)(B), 5 are in proximity to a river system or other aquatic habitat within the State of Washington with respect to which an Indian Tribe, an inter-tribal consortium, or a Tribal organization has Tribal treaty rights.
(3) Report to congress
Not later than 3 years after the date of enactment of this section, and annually 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 that describes activities or projects carried out under the pilot program.
(4) Savings clause
Nothing in this subsection authorizes—
(A) a project for the removal of a dam that otherwise is a project described in paragraph (2);
(B) the study of the removal of a dam; or
(C) the study of any Federal dam, including the study of power, flood control, or navigation replacement, or the implementation of any functional alteration to that dam, that is located along a body of water described in paragraph (2).
(4) .
(a) Definitions
In this section:
(1) Eligible project
The term eligible project means a project or activity eligible to be carried out under the Tribal partnership program under section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269).
(2) Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(c) Purposes
The purposes of the pilot program under this section are—
(1) to authorize Tribal contracting to advance Tribal self-determination and provide economic opportunities for Indian Tribes; and
(2) to evaluate the technical, financial, and organizational efficiencies of Indian Tribes carrying out the design, execution, management, and construction of 1 or more eligible projects.
(1) In general
In carrying out the pilot program under this section, the Secretary shall—
(A) identify a total of not more than 5 eligible projects that have been authorized for construction;
(B) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each eligible project under the pilot program under this section;
(C) in collaboration with the Indian Tribe, develop a detailed project management plan for each identified eligible project that outlines the scope, budget, design, and construction resource requirements necessary for the Indian Tribe to execute the project or a separable element of the eligible project;
(D) on the request of the Indian Tribe and in accordance with subsection (f)(2), enter into a project partnership agreement with the Indian Tribe for the Indian Tribe to provide full project management control for construction of the eligible project, or a separable element of the eligible project, in accordance with plans approved by the Secretary;
(E) following execution of the project partnership agreement, transfer to the Indian Tribe to carry out construction of the eligible project, or a separable element of the eligible project—
(i) if applicable, the balance of the unobligated amounts appropriated for the eligible project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the eligible project and the pilot program under this section; and
(ii) additional amounts, as determined by the Secretary, from amounts made available to carry out this section, except that the total amount transferred to the Indian Tribe shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and
(F) regularly monitor and audit each eligible project being constructed by an Indian Tribe under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable.
(2) Detailed project schedule
Not later than 180 days after entering into an agreement under paragraph (1)(D), each Indian Tribe, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the eligible project.
(3) Technical assistance
On the request of an Indian Tribe, the Secretary may provide technical assistance to the Indian Tribe, if the Indian Tribe contracts with and compensates the Secretary for the technical assistance relating to—
(A) any study, engineering activity, and design activity for construction carried out by the Indian Tribe under this section; and
(B) expeditiously obtaining any permits necessary for the eligible project.
(1) In general
Not later than 120 days after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of the pilot program under this section that, to the extent practicable, identifies—
(A) the metrics for measuring the success of the pilot program;
(B) a process for identifying future eligible projects to participate in the pilot program;
(C) measures to address the risks of an Indian Tribe constructing eligible projects under the pilot program, including which entity bears the risk for eligible projects that fail to meet Corps of Engineers standards for design or quality;
(D) the laws and regulations that an Indian Tribe must follow in carrying out an eligible project under the pilot program; and
(E) which entity bears the risk in the event that an eligible project carried out under the pilot program fails to be carried out in accordance with the project authorization or this section.
(2) New project partnership agreements
The Secretary may not enter into a project partnership agreement under this section until the date on which the Secretary issues the guidance under paragraph (1).
(1) In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report detailing the results of the pilot program under this section, including—
(A) a description of the progress of Indian Tribes in meeting milestones in detailed project schedules developed pursuant to subsection (d)(2); and
(B) any recommendations of the Secretary concerning whether the pilot program or any component of the pilot program should be implemented on a national basis.
(2) Update
Not later than 5 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 an update to the report under paragraph (1).
(3) Failure to meet deadline
If the Secretary fails to submit a report by the required deadline under this subsection, 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 detailed explanation of why the deadline was missed and a projected date for submission of the report.
(h) Administration
All laws and regulations that would apply to the Secretary if the Secretary were carrying out the eligible project shall apply to an Indian Tribe carrying out an eligible project under this section.
Section 1142. Federal interest determinations
Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is amended—
(1) by striking paragraph (1) and inserting the following:
(A) Identification
As part of the submission of a work plan to Congress pursuant to the joint explanatory statement for an annual appropriations Act or as part of the submission of a spend plan to Congress for a supplemental appropriations Act under which the Corps of Engineers receives funding, the Secretary shall identify the studies in the plan—
(i) for which the Secretary plans to prepare a feasibility report under subsection (a) that will benefit—
(I) an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); or
(II) a community other than a community described in subclause (I); and
(ii) that are designated as a new start under the work plan.
(i) In general
After identifying the studies under subparagraph (A) and subject to subparagraph (C), the Secretary shall, with the consent of the applicable non-Federal interest for the study, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study.
(C) Limitation
For each fiscal year, the Secretary may not make a determination under subparagraph (B) for more than 20 studies identified under subparagraph (A)(i)(II).
(i) In general
Subject to clause (ii) and with the consent of the non-Federal interest, the Secretary may use the authority provided under this subsection for a study in a work plan submitted to Congress prior to the date of enactment of this paragraph if the study otherwise meets the requirements described in subparagraph (A).
(ii) Limitation
Subparagraph (C) shall apply to the use of authority under clause (i).
(1) ;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking and at the end;
(B) in subparagraph (B)—
(i) by striking $200,000 and inserting $300,000; and
(ii) by striking the period and inserting; and; and
(C) by adding at the end the following:
(C) shall be paid from the funding provided for the study in the applicable work plan described in that paragraph.
(C) ;
(3) by striking paragraph (4) and inserting the following:
(4) Treatment
The cost of a determination under paragraph (1) shall not be included for purposes of the maximum total cost under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).
(3) ; and
(4) by adding at the end the following:
(6) Post-determination work
A study under this section shall continue after a determination under paragraph (1)(B)(i) without a new investment decision.
(4) .
Section 1143. 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) the Walla Walla River Basin;
(15) the San Francisco Bay Basin;
(16) Connecticut River Watershed, Connecticut, Massachusetts, New Hampshire, and Vermont;
(17) Lower Rouge River Watershed, Michigan; and
(18) 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.
(2) .
Section 1144. 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,.
(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 1104.
(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)).
(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 described in paragraph (1), 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, prior to the natural disaster, 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;
(III) includes specific timelines for addressing such items and measures;
(IV) requires the non-Federal interest to be responsible for the cost of addressing the items and measures identified under subclauses (I) and (II); and
(ii) the Secretary—
(I) determines that the systemwide improvement plan meets the requirements of clause (i) and the Secretary, acting through the District Commander, approves such plan; and
(II) determines that the non-Federal interest makes satisfactory progress in meeting the timelines described in subclause (III) of that clause.
(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)—
(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B) (as so redesignated) the following:
(A) 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) .
(1) In general
Section 3011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 701n note) is repealed.
(2) Clerical amendment
The table of contents contained in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1194) is amended by striking the item relating to section 3011.
(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 paragraph (2) of section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)) (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 that paragraph (as so in effect).
(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 1147. 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.
(a) In general
In carrying out feasibility studies for projects that serve a covered community, the Secretary shall select 10 such studies and include in those studies the calculation of an alternative 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 for the project in accordance with current law and guidance;
(2) if different from the ratio described in paragraph (1), compute an alternative 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) compare the alternative benefit-cost ratio calculated under paragraph (2) to the standard benefit-cost ratios calculated for each project alternative.
(1) In general
If the tentatively selected plan for a project yields a benefit-cost ratio less than unity for the project and results in the discontinuation of the project, the Secretary shall provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(2) Inclusion
In any written notice provided under paragraph (1), the Secretary shall include for the project a comparison of the benefit-cost ratios described in subsection (b)(4).
(d) Report
After carrying out subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that summarizes for each project the comparisons of the benefit-cost ratios described in subsection (b)(4).
(e) Covered community defined
In this section, the term covered community means a community located in the State of Hawaii, the State of Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa.
Section 1149. Remote operations at Corps dams
During the 6-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 is authorized to 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, only after the Secretary provides written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate 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.
(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 required 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).
(L) The report on mitigation for fish and wildlife and wetlands losses required under section 2036(b) of the Water Resources Development Act of 2007 (121 Stat. 1092).
(M) The report on expediting hydropower at Corps of Engineers facilities required under section 1008(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2321b).
(N) The report on divestment authority required under section 164(c) of the Water Resources Development Act of 2020 (134 Stat. 2668).
(O) The report on antecedent hydrologic conditions required under section 226(a) of the Water Resources Development Act of 2020 (134 Stat. 2697).
(P) The report on the terrestrial noxious weed control pilot program required under section 503(d) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note).
(Q) The report on the Asian Carp prevention and control pilot program required under section 509(a)(7) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note).
(R) The report on investments for recreation areas required under section 8227(b) of the Water Resources Development Act of 2022 (136 Stat. 3764).
(S) The report on solar energy opportunities required under section 8232(b) of the Water Resources Development Act of 2022 (136 Stat. 3766).
(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(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)).
(c) Prior guidance
Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance required pursuant to each of the following provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note).
(2) Section 8101 of the Water Resources Development Act of 2022 (33 U.S.C. 2351b).
(3) Section 8107 of the Water Resources Development Act of 2022 (42 U.S.C. 1962d–5b note).
(4) Section 8112 of the Water Resources Development Act of 2022 (33 U.S.C. 2281a).
(5) Section 8116 of the Water Resources Development Act of 2022 (10 U.S.C. 7036 note).
(6) Section 8136 of the Water Resources Development Act of 2022 (10 U.S.C. 2667 note).
(a) Sense of congress
It is the sense of Congress that meeting the operation and maintenance needs at alternate seaports is important for the national security of the United States.
(b) 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 includes an assessment of the operation and maintenance needs and backlog for Corps of Engineers projects at alternate seaports.
Section 1152. Columbia River Basin
Section 8309 of the Water Resources Development Act of 2022 (136 Stat. 3780) is amended—
(1) by striking subsection (b)(3); and
(2) by adding at the end the following:
(1) In general
The Secretary, with the concurrence of the Secretary of State, is authorized to compensate, and make arrangements with, the Government of Canada for reserving and operating 3,600,000 acre-feet of pre-planned flood storage per operating year at Hugh Keenleyside Dam, including operations that the Government of Canada may not be obligated to provide under the Columbia River Treaty, to minimize the flood risk in the Columbia River Basin.
(3) Sunset
The authority to compensate, and make arrangements with, the Government of Canada under this subsection shall expire on August 31, 2027.
(d) Definitions
In this section:
(1) Columbia River Basin
The term Columbia River Basin means the entire United States portion of the Columbia River watershed.
(2) Columbia River Treaty
The term Columbia River Treaty means the treaty relating to cooperative development of the water resources of the Columbia River Basin, signed at Washington January 17, 1961, and entered into force September 16, 1964.
(3) Flood storage
The term flood storage means the usable space in a reservoir that is set aside for impounding and releasing water for flood risk management or otherwise for regulating stream flows to minimize flood risk.
(4) Government of Canada
The term Government of Canada means the Government of Canada, a Canadian Province, or a subdivision or instrumentality thereof.
(5) Operating year
The term operating year means a 12-month period beginning on August 1 and ending on July 31.
(6) U.S. entity
The term U.S. entity means the entity designated by the United States under Article XIV of the Columbia River Treaty.
(2) .
Section 1153. 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
(A) .
(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.
(C) ;
(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.
(4) .
Section 1154. Retention of recreation fees
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) Use of funds
The fees collected under this subsection shall be credited to the currently applicable appropriation, account, or fund of the Department of the Army as discretionary offsetting collections, and shall be available only to the extent provided in advance in appropriations Acts, 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 recreation areas of a specific water resources development project shall be used at such project.
(3) .
Section 1155. 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 1156. 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.
Section 1160. Short title
This subtitle may be cited as the Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024.
(a) In general
It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities—
(1) to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects;
(2) in accordance with section 301(a) of the Water Supply Act of 1958 (43 U.S.C. 390b), to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes in authorized connection with the construction, maintenance, and operation of water resources development projects; and
(3) in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects.
(b) Full consideration
In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects.
(c) Limitation
Nothing in this section—
(1) affects, modifies, or changes—
(A) the authority of a State to manage, use, or allocate the water resources of that State;
(B) any water right in existence on the date of enactment of this Act;
(C) any existing water supply agreements between the Secretary and the non-Federal interest;
(D) the authorized purposes of a water resources development project; or
(E) any existing Corps of Engineers authorities;
(2) preempts or affects any State water law or interstate compact governing water;
(3) diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or
(4) shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act.
(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, subject to the availability of appropriations.
(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.
(d) Savings provision
Nothing in this section preempts or affects any State water law or any interstate compact governing water, or otherwise restricts, affects, or amends any other law or the authority of any department, instrumentality, or agency of the United States related to the operation of reservoirs described in subsection (a).
Section 1163. 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) 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 (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.).
Section 1165. Leveraging Federal infrastructure for increased water supply
Section 1118(i) of Water Resources Development Act of 2016 (43 U.S.C. 390b–2(i)) is amended by striking paragraph (2) and inserting the following:
(A) In general
The Secretary is authorized to receive and expend funds from a non-Federal interest or a Federal agency that owns a Federal reservoir project described in subparagraph (B) to formulate, review, or revise operational documents pursuant to a proposal submitted in accordance with subsection (a) for such a Federal reservoir project.
(B) Federal reservoir projects described
A Federal reservoir project referred to in subparagraph (A) is 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).
Section 1165. Leveraging Federal infrastructure for increased water supply
.
Section 1202. 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.
(a) Feasibility studies
The Secretary shall expedite the completion of a feasibility study or general reevaluation report (as applicable) for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Project for flood risk management, Upper Guyandotte River Basin, West Virginia.
(2) Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, and North Carolina.
(3) Project for flood risk management, Cave Buttes Dam, Phoenix, Arizona.
(4) Project for flood risk management, McMicken Dam and Trilby Wash, Maricopa County, Arizona.
(5) Project for ecosystem restoration, Rio Salado Oeste, Phoenix, Arizona.
(6) Modifications to the portion of the project for flood control, water conservation, and related purposes, Russian River Basin, California, consisting of the Coyote Valley Dam, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 177; 130 Stat. 1682), to add environmental restoration as a project purpose and to increase water supply and improve reservoir operations.
(7) Project for flood risk management and ecosystem restoration, Lower San Joaquin River, Lathrop and Manteca, California, as described in section 1322(b)(2)(F) of the Water Resources Development Act of 2016 (130 Stat. 1707).
(8) Project for flood risk management, Lower San Joaquin River, San Joaquin Valley, California.
(9) Beneficial use opportunities at the Petaluma River Marsh Restoration project, California.
(10) Modifications to Pine Flat Dam, California, authorized pursuant to a 1964 Congressional Resolution of the House Committee on Public Works, and constructed pursuant to the Flood Control Act of 1944.
(11) Project for flood risk management, Stratford, Connecticut.
(12) Modifications to the Broward County Water Preserve Areas Project, Broward County, Florida, to address costs that exceed the maximum project cost pursuant to section 902 of the Water Resources Development Act of 1986 (100 Stat. 4183).
(13) Modifications to Central and Southern Florida, Canal 111 (C-111) South Dade Project, Florida, authorized by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
(14) Project for hurricane and storm damage risk reduction and coastal storm risk management, Volusia County, Florida, authorized by the resolution of the Committee on Transportation and Infrastructure of the House of Representatives, dated February 16, 2000.
(15) Project for flood risk management, Waimea River, County of Kaua‘i, Hawaii.
(16) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 8201(b)(6) of the Water Resources Development Act of 2022 (136 Stat. 3750).
(17) Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky, authorized by section 8201(a)(32) of the Water Resources Development Act of 2022 (136 Stat. 3746).
(18) Project for navigation, Bayou Sorrel Lock, Louisiana, authorized by the resolution of the United States Senate Committee on Public Works on September 29, 1972, and the resolution of the House of Representatives Committee on Public Works on October 12, 1972.
(19) Project for flood risk management, Mississippi River and Tributaries, Morgan City, Lower Atchafalaya Basin, Louisiana.
(20) Project for hurricane and storm damage risk reduction and ecosystem restoration, Southwest Coastal Louisiana, authorized by section 1401(8) of the Water Resources Development Act of 2016 (130 Stat. 1715).
(21) Project for flood risk management and ecosystem restoration, Charles River, Massachusetts, authorized by section 8201(a)(35) of the Water Resources Development Act of 2022 (136 Stat. 3746).
(22) General reevaluation report for the project for flood risk management, Lower Saddle River Flood Protection, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119).
(23) Project for flood risk management, Rahway River, Rahway, New Jersey.
(24) Project for flood risk management along the Peckman River Basin in the townships of Verona (and surrounding area), Cedar Grove, and West Caldwell, New Jersey, authorized by section 8201(a)(58) of the Water Resources Development Act of 2022 (136 Stat. 3747).
(25) Project for flood risk management, Morris County, New Jersey, authorized by section 8201(a)(59) of the Water Resources Development Act of 2022 (136 Stat. 3747).
(26) Northeast Levee System portion of the project for flood control and other purposes, Williamsport, Pennsylvania, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1573).
(27) Project for navigation, Menominee River, Menominee, Wisconsin.
(28) General reevaluation report for the project for flood risk management and other purposes, East St. Louis and Vicinity, Illinois.
(29) General reevaluation report for project for flood risk management, Green Brook, New Jersey.
(30) Project for ecosystem restoration, Imperial Streams Salton Sea, California.
(31) Modification of the project for navigation, Honolulu Deep Draft Harbor, Hawaii.
(32) Project for shoreline damage mitigation, Burns Waterway Harbor, Indiana.
(33) Project for hurricane and coastal storm risk management, Dare County Beaches, North Carolina.
(34) Modification of the project for flood protection and recreation, Surry Mountain Lake, New Hampshire, including for consideration of low flow augmentation.
(35) Project for coastal storm risk management, Virginia Beach and vicinity, Virginia.
(36) Project for secondary water source identification, Washington Metropolitan Area, Washington, District of Columbia, Maryland, and Virginia.
(b) Study reports
The Secretary shall expedite the completion of a Chief’s Report or Director’s Report (as applicable) for each of the following projects for the project to be considered for authorization:
(1) Modification of the project for navigation, Norfolk Harbors and Channels, Anchorage F segment, Norfolk, Virginia.
(2) Project for ecosystem restoration, Claiborne and Millers Ferry Locks and Dam Fish Passage, Lower Alabama River, Alabama.
(3) Project for flood and storm damage reduction, Surf City, North Carolina.
(4) Project for flood and storm damage reduction, Nassau County Back Bays, New York.
(5) Project for flood and storm damage reduction, Ala Wai, Hawaii.
(6) Project for ecosystem restoration, Central and South Florida Comprehensive Everglades Restoration Program, Lake Okeechobee Watershed Restoration, Florida.
(7) Project for flood and storm damage reduction, Amite River and tributaries, Louisiana.
(8) Project for ecosystem restoration, Biscayne Bay and Southern Everglades, Florida, authorized by section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680).
(9) Project for ecosystem restoration and recreation, Los Angeles River, California, authorized by section 1407(7) of the Water Resources Development Act of 2016 (130 Stat. 1714).
(c) Projects and activities
The Secretary shall, to the maximum extent practicable, expedite completion of the following:
(1) Project for flood control, Lower Mud River, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154).
(2) Project for dam safety modifications, Bluestone Dam, West Virginia, authorized pursuant to section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(3) Project for flood risk management, Tulsa and West–Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(4) Project for flood risk management, Little Colorado River, Navajo County, Arizona.
(5) Project for flood risk management, Rio de Flag, Flagstaff, Arizona.
(6) Project for ecosystem restoration, Va Shly’Ay Akimel, Maricopa Indian Reservation, Arizona.
(7) Project for aquatic ecosystem restoration, Quincy Bay, Illinois, Upper Mississippi River Restoration Program.
(8) Major maintenance on Laupāhoehoe Harbor, County of Hawai‘i, Hawaii.
(9) Project for flood risk management, Green Brook, New Jersey.
(10) Water control manual update for water supply and flood control, Theodore Roosevelt Dam, Globe, Arizona.
(11) Repairs to recontour and stabilize the slope at Lake Dardanelle Lock and Dam, Arkansas.
(12) Project for environmental restoration, Hamilton Airfield, California, authorized by section 101(b)(3) of the Water Resources Development Act of 1999 (113 Stat. 279; 121 Stat. 1110).
(13) Water control manual update for Oroville Dam, Butte County, California.
(14) Water control manual update for New Bullards Dam, Yuba County, California.
(15) Project for flood and storm risk management and ecosystem restoration at the San Francisco International Airport, California, authorized by section 142 of the Water Resources Development Act of 1976 (90 Stat. 2930).
(16) San Francisco Bay Beneficial Use Pilot Project, California, being carried out under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645).
(17) Project for flood risk management in Westminster, East Garden Grove, California, authorized by section 401(2) of Water Resources Development Act of 2020 (134 Stat. 2735).
(18) Comprehensive plan for the Chattahoochee River Basin Program, authorized by section 8144 of the Water Resources Development Act of 2022 (136 Stat. 3724).
(19) Repairs to the project for flood risk management, federally authorized levee, Grand Tower and Degognia and Fountain Bluff Levee System, Illinois, in the vicinity of the community of Cora.
(20) Repairs to the project for flood risk management, Covington levee system, Covington, Kentucky.
(21) Project for navigation, Kentucky Lock and Dam, Tennessee River, Kentucky, authorized by section 101(a)(13) of the Water Resources Development Act of 1996 (110 Stat. 3664).
(22) Project for flood risk management, Morgan City, Louisiana.
(23) Project for hurricane and storm risk reduction, Upper Barataria Basin, Louisiana.
(24) Project for ecosystem restoration, Mid-Chesapeake Bay, Maryland.
(25) Maintenance dredging for the Back River Channel project, Weymouth, Massachusetts.
(26) Project for navigation, Big Bay Harbor of Refuge, Michigan.
(27) Project for George W. Kuhn Headwaters Outfall, Michigan.
(28) Improvements to the Red Run Inter-County Drain Restoration project, Macomb and Oakland Counties, Michigan.
(29) Updated hydrologic analysis for the town of Estancia, Torrance County, New Mexico.
(30) Environmental impact statement to accompany the feasibility study for the project for navigation, Wilmington Harbor, North Carolina, conducted pursuant to section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231), and conditionally authorized by section 403(a)(5) of the Water Resources Development Act of 2020 (134 Stat. 2743).
(31) Maintenance dredging at the Rocky River Harbor, Ohio.
(32) The portion of the project for flood control and other purposes, Williamsport, Pennsylvania, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1573), to bring the Northwest Levee System into compliance with current flood mitigation standards.
(33) Project for hurricane and storm damage risk reduction, San Juan Metropolitan Area Coastal Storm Risk Management, Puerto Rico, authorized by section 8401(3) of the Water Resources Development Act of 2022 (136 Stat. 3842).
(34) Sediment management plan along the Missouri River, Lewis and Clark Lake, South Dakota.
(35) Project for navigation, Gulf Intracoastal Waterway, Brazos River Floodgates and Colorado River Locks, Texas, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2734).
(36) Project for hurricane and storm damage risk reduction and shoreline erosion protection, Bolongo Bay, St. Thomas, United States Virgin Islands.
(37) Maintenance dredging of the federally authorized navigation channels, Parrotts Creek, Jackson Creek, and Horn Harbor, Virginia.
(38) Project for navigation, Seattle Harbor Navigation Improvement Project, Washington, authorized by section 1401(1) of the Water Resources Development Act of 2018 (132 Stat. 3836), deepening the East Waterway at the Port of Seattle.
(39) Project for shoreline stabilization, Clarksville, Indiana.
(e) Tribal partnership program
The Secretary shall, to the maximum extent practicable, expedite completion of the following projects and studies in the following locations under the Tribal partnership program under section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269):
(1) Maricopa (Ak-Chin) Indian Reservation, Arizona.
(2) Pima-Maricopa Irrigation Project, associated with the Gila River Indian Community, Arizona.
(3) Navajo Nation, Bird Springs, Arizona.
(1) Great lakes coastal resiliency study
The Secretary shall, to the maximum extent practicable, expedite the Great Lakes Coastal Resiliency Study authorized by section 1219 of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2683; 136 Stat. 3752).
(2) Upper mississippi and illinois rivers
The Secretary shall, to the maximum extent practicable, expedite completion of the watershed assessment for flood risk management, Upper Mississippi and Illinois Rivers, authorized by section 1206 of the Water Resources Development Act of 2016 (130 Stat. 1686; 134 Stat. 2687).
(g) Expedited prospectus
The Secretary shall prioritize the completion of the prospectus for the United States Moorings Facility, Portland, Oregon, required for authorization of funding from the revolving fund established by the first section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576).
(h) Disposition study
The Secretary shall expedite completion of the disposition study for the Lower St. Anthony Falls Lock and Dam, Minnesota, pursuant to section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(c) La quinta expansion project, texas
The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, La Quinta Ship Channel, Corpus Christi, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(d) Raymondville drain project, texas
The Secretary shall expedite the review and coordination of the feasibility study for the project for flood control, Raymondville Drain Project, Lower Rio Grande Basin, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(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 non-classified 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).
(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 (chapter 795, 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 shore19 line use permit, including a floating, non-floating, 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 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 bridges owned, operated, and maintained by the Corps of Engineers.
(2) Requirements
The Secretary shall include in the report required under paragraph (1)—
(A) a list of bridges carrying passengers that are—
(i) not located in recreational areas; and
(ii) not required to be owned, operated, and maintained by the Corps of Engineers for the proper functioning of water resources development projects;
(B) a description of the location of such bridges and applicable State authority or political subdivision to which has requested such bridges may be transferred or conveyed under section 109 of the River and Harbor Act of 1950 (33 U.S.C. 534); and
(C) a description of measures taken by the Corps of Engineers to reduce the number of bridges owned, operated, and maintained by the Corps of Engineers.
(1) 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, 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.
(2) Report
Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report indicating whether the Secretary agrees with the sense of Congress in paragraph (1).
(3) Disagreement
Should the result of report required by paragraph (2) be that the Secretary disagrees with the sense of Congress in paragraph (1), 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 specifying recommendations and technical drafting assistance for statutory language that would provide the Secretary the intended authority as expressed in paragraph (1).
(1) In general
Not later than 1 year 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 efforts by the Secretary to prevent and mitigate flood damages associated with ice jams.
(2) Inclusion
The Secretary shall include in the report under paragraph (1)—
(A) an assessment of the projects carried out pursuant to section 1150 of the Water Resources Development Act of 2016 (33 U.S.C. 701s note), if applicable; and
(B) a description of—
(i) the challenges associated with preventing and mitigating ice jams;
(ii) the potential measures that may prevent or mitigate ice jams, including the extent to which additional research and the development and deployment of technologies are necessary; and
(iii) actions taken by the Secretary to provide non-Federal interests with technical assistance, guidance, or other information relating to ice jam events; and
(iv) how the Secretary plans to conduct outreach and engagement with non-Federal interests and other relevant State and local agencies to facilitate an understanding of the circumstances in which ice jams could occur and the potential impacts to critical public infrastructure from ice jams.
(1) In general
The Secretary shall carry out an assessment of the extent to which the existing authorities and programs of the Secretary allow the Corps of Engineers to construct water resources development projects abroad.
(2) Report
The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(A) describes—
(i) the findings of the assessment under paragraph (1);
(ii) how each authority and program assessed under paragraph (1) has been used by the Secretary to construct water resources development projects abroad, if applicable; and
(iii) the extent to which the Secretary partners with other Federal agencies when carrying out such projects; and
(B) includes any recommendations that result from the assessment under paragraph (1).
(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) publicly available, including on a publicly available website.
(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.
Section 1207. Craig Harbor, Alaska
The cost of completing a general reevaluation report for the project for navigation, Craig Harbor, Alaska, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1708) shall be at Federal expense.
(a) Study
The Secretary shall carry out a study of a project of the Corps of Engineers in the Colorado River Basin in the State of Arizona to determine whether to include water supply as a project purpose of that project if a request for such a study to modify the project purpose is made to the Secretary by—
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-Federal interest, the Governor of the State of Arizona.
(b) Coordination
The Secretary, to the maximum extent practicable, shall coordinate with relevant State and local authorities in carrying out this section.
(c) Recommendations
If, after carrying out a study under subsection (a) with respect to a project described in that subsection, the Secretary determines that water supply should be included as a project purpose for that project, 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 recommendation for the modification of the project purpose of that project.
Section 1209. Beaver Lake, Arkansas, reallocation study
The Secretary shall expedite the completion of a study for the reallocation of water supply storage, carried out in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), for the Beaver Water District, Beaver Lake, Arkansas.
Section 1210. 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 shall carry out a study on the restoration of aquatic ecosystems in the Delaware Inland Bays watershed.
(1) In general
In carrying out the study under subsection (a), the Secretary shall—
(A) conduct a comprehensive analysis of ecosystem restoration needs in the Delaware Inland Bays watershed, including—
(i) saltmarsh restoration;
(ii) shoreline stabilization; and
(iii) stormwater management;
(B) identify sources for the beneficial use of dredged materials; and
(C) recommend feasibility studies for projects to address the needs identified under this paragraph.
(2) Natural or nature-based features
To the maximum extent practicable, a feasibility study that is recommended under paragraph (1)(C) shall consider the use of natural features or nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))).
(1) Consultation
In carrying out the study under subsection (a), the Secretary shall consult with applicable—
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate by the Secretary.
(2) Use of existing data
To the maximum extent practicable, in carrying out the study under subsection (a), the Secretary shall use existing data provided to the Secretary by entities described in paragraph (1).
(1) In general
The Secretary is authorized to conduct feasibility studies recommended under subsection (b)(1)(C).
(e) Report
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes—
(1) the results of the study carried out under subsection (a); and
(2) a description of actions taken under this section, including any feasibility studies conducted under subsection (b)(1)(C).
(a) Sense of Congress
It is the sense of Congress that consistent nourishments of Lewes Beach, Delaware, are important for the safety and economic prosperity of Sussex County, Delaware.
(1) In general
The Secretary shall carry out a general reevaluation report for the project for Delaware Bay Coastline, Roosevelt Inlet, and Lewes Beach, Delaware.
(2) Inclusions
The general reevaluation report under paragraph (1) shall include a determination of—
(A) the area that the project should include; and
(B) how section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) should be applied with respect to the project.
(1) In general
Subject to paragraph (2), the Secretary shall prepare, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, an encroachment resolution plan for a portion of the project for flood control, recreation, and fish and wildlife management, J. Strom Thurmond Lake, Georgia and South Carolina, authorized by section 10 of the Act of December 22, 1944 (chapter 665, 58 Stat. 894).
(2) Limitation
The encroachment resolution plan under paragraph (1) shall only apply to encroachments known to the U.S. Army Corps of Engineers as of the effective date of this provision on the portion of the J. Strom Thurmond Lake project lands that abut the six (6) former Cottage Site properties, situated in Georgia and previously disposed of by the United States, known as Keg Creek, Ridge Road, Rousseau Creek, Soap Creek, Pistol Creek, and Elbert County Subdivisions.
(b) Contents
Subject to subsection (c), the encroachment resolution plan under subsection (a) shall include—
(1) a description of the nature and number of encroachments;
(2) a description of the circumstances that contributed to the development of the encroachments;
(3) an assessment of the impact of the encroachments on operation and maintenance of the project described in subsection (a) for its authorized purposes;
(4) an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3);
(5) a description of any actions necessary or advisable to prevent further encroachments; and
(6) an estimate of the cost and timeline to carry out the plan, including actions described under paragraph (5).
(c) Restriction
To the maximum extent practicable, the encroachment resolution plan under subsection (a) shall minimize adverse impacts to private landowners while maintaining the functioning of the project described in that subsection for its authorized purposes.
(1) To owners
In preparing the encroachment resolution plan under subsection (a), not later than 30 days after the Secretary identifies an encroachment, the Secretary shall notify the owner of the encroachment.
(2) To public
The Secretary shall provide an opportunity for the public to comment on the encroachment resolution plan under subsection (a) before the completion of the plan.
(e) Moratorium
The Secretary shall not take action to compel removal of an encroachment covered by the encroachment resolution plan under subsection (a) unless Congress specifically authorizes such action.
(f) Savings provision
This section does not—
(1) grant any rights to the owner of an encroachment; or
(2) impose any liability on the United States for operation and maintenance of the project described in subsection (a) for its authorized purposes.
Section 1214. Algiers Canal Levees, Louisiana
Section 8340(a) of the Water Resources Development Act of 2022 (136 Stat. 3795) is amended—
(1) by striking resume operation, maintenance, repair, rehabilitation, and replacement of the and inserting operate, maintain, repair, replace, and rehabilitate all features of the West Bank and Vicinity, New Orleans, Louisiana Hurricane Protection Project along the; and
(2) by striking Levees, Louisiana.
(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 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 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 1218. New Jersey Shore protection, New Jersey
In carrying out any study pursuant to the study resolution of the Committee on Public Works and Transportation of the House of Representatives dated December 10, 1987, the Secretary is authorized to include recommendations for ecosystem restoration.
(a) In general
Not later than 1 year after the date of enactment of this Act, and subject to subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies any real property associated with the project of the Corps of Engineers at Lake Oahe, North Dakota, that the Secretary determines—
(1) is not needed to carry out the authorized purposes of the project; and
(2) may be transferred to the Standing Rock Sioux Tribe to support recreation opportunities for the Tribe, including, at a minimum—
(A) Walker Bottom Marina, Lake Oahe;
(B) Fort Yates Boat Ramp, Lake Oahe;
(C) Cannonball District, Lake Oahe; and
(D) any other real property that may be used for recreation opportunities identified by the Tribe.
(b) Inclusion
If the Secretary determines that there is not any real property that may be transferred to the Standing Rock Sioux Tribe as described in subsection (a), the Secretary shall include in the report required under that subsection—
(1) a list of the real property considered by the Secretary;
(2) an explanation of why the real property identified under paragraph (1) is needed to carry out the authorized purposes of the project described in subsection (a); and
(3) a description of how the Secretary has recently utilized the real property identified under paragraph (1) to carry out the authorized purpose of the project described in subsection (a).
Section 1220. Allegheny River, Pennsylvania
It is the sense of Congress that—
(1) the Allegheny River is an important waterway that can be utilized more to support recreational, environmental, and navigation needs in Pennsylvania;
(2) ongoing efforts to increase utilization of the Allegheny River will require consistent hours of service at key locks and dams; and
(3) to the maximum extent practicable, the lockage levels of service at locks and dams along the Allegheny River should be preserved until after the completion of the feasibility study for the project for navigation and ecosystem restoration, Allegheny River, Pennsylvania, authorized by section 1201.
(a) In general
The Secretary shall expedite completion of the Buffalo Bayou Tributaries and Resiliency Study, Texas, carried out pursuant to title IV of the Bipartisan Budget Act of 2018 (132 Stat. 76).
(b) Reports
The final report of the Chief of Engineers for the study described in subsection (a) shall contain recommendations for projects that—
(1) align with community objectives;
(2) avoid or minimize adverse effects on the environment and community; and
(3) promote the resiliency of infrastructure.
(c) Deadline
Not later than December 31, 2025, 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 final report described in subsection (b).
(a) In general
Not later than 1 year after date on enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies opportunities for potential exchange of land or flowage easements associated with the Lake O’ the Pines, Texas, project in and adjacent to tract LP-E-546-1E that the Secretary determines could be accomplished consistent with the existing project purposes of the Lake O’ the Pines, Texas, project.
(b) Lake O’ the Pines, Texas, project defined
In this section, the term Lake O’ the Pines, Texas, project means the portion of the general plan for flood control on Red River, Texas, Oklahoma, Arkansas, and Louisiana, below Denison Dam, Texas and Oklahoma, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647), at Lake O’ the Pines, Texas.
(a) Sense of Congress
It is the sense of Congress that the Secretary should provide the necessary resources to expedite the completion of the required documentation for the Matagorda Ship Channel Improvement Project in order to ensure that the project is not further delayed.
(b) Expedite
The Secretary shall, to the maximum extent practicable, expedite the completion of the required documentation for the Matagorda Ship Channel Improvement Project, including—
(1) the supplemental environmental impact statement and the associated record of decision;
(2) the dredged material management plan; and
(3) a post-authorization change report, if applicable.
(c) Preconstruction planning, engineering, and design
If the Secretary determines that the Matagorda Ship Channel Improvement Project is justified in a completed report and if the project requires an additional authorization from Congress pursuant to that report, the Secretary shall proceed directly to preconstruction planning, engineering, and design on the project.
(d) Definition of Matagorda Ship Channel Improvement Project
In this section, the term Matagorda Ship Channel Improvement Project means the project for navigation, Matagorda Ship Channel Improvement Project, Port Lavaca, Texas, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2734).
Section 1224. Waco Lake, Texas
The Secretary shall, to the maximum extent practicable, expedite the review of, and give due consideration to, the request from the City of Waco, Texas, that the Secretary apply section 147 of the Water Resources Development Act of 2020 (33 U.S.C. 701q–1) to the embankment adjacent to Waco Lake in Waco, Texas.
(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.
Section 1226. Kanawha River Basin
Section 1207 of the Water Resources Development Act of 2016 (130 Stat. 1686) is amended—
(1) by striking The Secretary shall and inserting the following:
(a) In general
The Secretary shall
(1) ; and
(2) by adding at the end the following:
(b) Projects and separable elements
For an authorized project or a separable element of an authorized project that is recommended as a result of a study carried out by the Secretary under subsection (a) benefitting an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)) in the State of West Virginia, the non-Federal share of the cost of the project or separable element of a project shall be 10 percent.
(2) .
(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
Not later than 30 days after the date on which the consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) that was reinitiated by the Secretary for the operation of the Missouri River Mainstem Reservoir System, the operation and maintenance of the Bank Stabilization and Navigation Project, the operation of the Kansas River Reservoir System, and the implementation of the Missouri River Recovery Management Plan is completed, the Secretary shall brief on the outcomes of such consultation the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Requirements
The briefing required under subsection (a) shall include a discussion of—
(1) any biological opinions that result from the consultation described under subsection (a), including any actions that the Secretary is required to undertake pursuant to such biological opinions; and
(2) any forthcoming requests from the Secretary to Congress to provide funding in order carry out the actions described in paragraph (1).
(a) In general
The Secretary, in coordination with relevant Federal and state agencies and non-Federal interests, is authorized to conduct a comprehensive study on water supply, availability, drought resilience, aquifer recharge, and causes of aquifer depletion, for those regions overlying the Ogallala Aquifer.
(b) Savings clause
Nothing in this section shall be construed as authorizing a feasibility study or providing construction authority for any project to divert or facilitate the diversion of water outside of the Missouri River Basin.
(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 by the Corps of Engineers 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 the Corps of Engineers 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, at the request of a non-Federal interest, complete a feasibility study for comprehensive flood damage reduction, Upper Susquehanna River Basin, New York.
(b) Requirements
In carrying out the feasibility study under subsection (a), the Secretary shall—
(1) use, for purposes of meeting the requirements of a final feasibility study, information from the feasibility study completion report entitled Upper Susquehanna River Basin, New York, Comprehensive Flood Damage Reduction and dated January 2020; and
(2) re-evaluate project benefits, as determined using the framework described in the final rule promulgated by the Corps of Engineers under Docket Number COE–2023–0005, including a consideration of 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)).
Section 1232. Technical correction, Walla Walla River
Section 8201(a)(76) of the Water Resources Development Act of 2022 (136 Stat. 3744) is amended to read as follows:
(A) Nursery Reach, Walla Walla River, Oregon
Project for ecosystem restoration, Nursery Reach, Walla Walla River, Oregon.
(B) Mill Creek, Walla Walla River Basin, Washington
Project for ecosystem restoration, Mill Creek and Mill Creek Flood Control Zone District Channel, Washington.
Section 1232. Technical correction, Walla Walla River
.
Section 1233. Dam safety assurance consideration
The Secretary shall expedite the review of, and give due consideration to, a request from the relevant Federal power marketing administration that the Secretary apply section 1203 of the Water Resources Development Act of 1986 (33 U.S.C. 467n) to the projects for dam safety at Garrison Dam, North Dakota and Oahe Dam, South Dakota.
(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).
(a) Definition of invasive species
In this section, the term invasive species has the meaning given the term in section 1 of Executive Order 13112 (42 U.S.C. 4321 note; relating to invasive species).
(b) Assessment
Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, an assessment of the efforts by the Secretary to monitor, control, and eradicate invasive species at water resources development projects across the United States.
(c) Requirements
The report under subsection (b) shall include—
(1) a description of—
(A) the statutory authorities and programs used by the Secretary to monitor, control, and eradicate invasive species at water resources development projects; and
(B) a geographically diverse sample of successful projects and activities carried out by the Secretary to monitor, control, and eradicate invasive species at water resources development projects;
(2) a discussion of—
(A) the impact of invasive species on the ability of the Secretary to carry out the civil works mission of the Corps of Engineers;
(B) the research conducted and techniques and technologies used by the Secretary consistent with the applicable statutory authorities described in paragraph (1)(A) to monitor, control, and eradicate invasive species at water resources development projects; and
(C) the extent to which the Secretary has partnered with States and units of local government to monitor, control, and eradicate invasive species at water resources development projects within the boundaries of those States or units of local government;
(3) an update on the status of the plan developed by the Secretary pursuant to section 1108(c) of the Water Resources Development Act of 2018 (33 U.S.C. 2263a(c)); and
(4) recommendations, including legislative recommendations, to further the efforts of the Secretary to monitor, control, and eradicate invasive species at water resources development projects.
Section 1236. Deadline for previously required list of covered projects
Notwithstanding the deadline in paragraph (1) of section 8236(c) of the Water Resources Development Act of 2022 (136 Stat. 3769), the Secretary shall provide to the Comptroller General of the United States the list of covered ongoing water resources development projects under that paragraph by not later than 30 days after the date of enactment of this Act.
(a) In general
Not later than 18 months after the date of enactment of this section, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies potential 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 and identify measures to reduce the release of microplastics associated with sandblasting or hydro-blasting vessels owned or operated by the Corps of Engineers;
(2) determine the extent to which 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) Definition of Tribal Partnership Program
In this section, the term Tribal Partnership Program means the Tribal Partnership Program established under section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269).
(b) Study required
Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a study on appropriate procedures for determining the value of real estate and cost-share contributions for projects under the Tribal Partnership Program.
(c) Requirements
The report required under subsection (b) shall include—
(1) an evaluation of the procedures used for determining the valuation of real estate and contribution of real estate value to cost-share for projects under the Tribal Partnership Program, including consideration of cultural factors that are unique to the Tribal Partnership Program and land valuation;
(2) a description of any existing Federal authorities that the Secretary intends to use to implement policy changes that result from the evaluation under paragraph (1); and
(3) recommendations for any legislation that may be needed to revise land valuation or cost-share procedures for the Tribal Partnership Program pursuant to the evaluation under paragraph (1).
(a) Definition of levee safety guidelines
In this section, the term levee safety guidelines means the levee safety guidelines established under section 9005(c) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(c)).
(b) Report
Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with other applicable Federal agencies, 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 levee safety guidelines.
(c) Inclusions
The report under subsection (b) shall include—
(1) a description of—
(A) the levee safety guidelines;
(B) the process utilized to develop the levee safety guidelines; and
(C) the extent to which the levee safety guidelines are being used by Federal, State, Tribal, and local agencies;
(2) an assessment of the requirement for the levee safety guidelines to be voluntary and a description of actions taken by the Secretary and other applicable Federal agencies to ensure that the guidelines are voluntary; and
(3) any recommendations of the Secretary, including the extent to which the levee safety guidelines should be revised.
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and make publicly available on an existing website of the Corps of Engineers a guide on the use of public-private partnerships for water resources development projects.
(b) Inclusions
In developing the guide under subsection (a), the Secretary shall include—
(1) a description of—
(A) applicable authorities and programs of the Secretary that allow for the use of public-private partnerships to carry out water resources development projects; and
(B) opportunities across the civil works program of the Corps of Engineers for the use of public-private partnerships, including at recreational facilities;
(2) a summary of prior public-private partnerships for water resources development projects, including lessons learned and best practices from those partnerships and projects;
(3) a discussion of—
(A) the roles and responsibilities of the Corps of Engineers and non-Federal interests when using a public-private partnership for a water resources development project, including the opportunities for risk-sharing; and
(B) the potential benefits associated with using a public-private partnership for a water resources development project, including the opportunities to accelerate funding as compared to the annual appropriations process; and
(4) a description of the process for executing a project partnership agreement for a water resources development project, including any unique considerations when using a public-private partnership.
(c) Flexibility
The Secretary may satisfy the requirements of this section by modifying an existing partnership handbook in accordance with this section.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the Comptroller General) shall initiate a review of the accuracy of the project cost estimates developed by the Corps of Engineers for completed and ongoing water resources development projects carried out by the Secretary.
(2) Requirements
In carrying out paragraph (1), the Comptroller General shall determine the factors, if any, that impact the accuracy of the estimates described in that subparagraph, including—
(A) applicable statutory requirements, including—
(i) section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c); and
(ii) section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)); and
(B) applicable guidance, regulations, and policies of the Corps of Engineers.
(3) Incorporation of previous report
In carrying out paragraph (1), the Comptroller General may incorporate applicable information from the report carried out by the Comptroller General under section 8236(c) of the Water Resources Development Act of 2022 (136 Stat. 3769).
(4) Report
On completion of the review conducted under paragraph (1), the Comptroller General 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 findings of the review and any recommendations that result from the review.
(1) Sense of congress
It is the sense of Congress that—
(A) there are significant concerns about whether—
(i) the indemnification clause, which was first applied in 1910 to flood control projects, should still be included in project partnership agreements prepared by the Corps of Engineers for water resources development projects; and
(ii) non-Federal interests for water resources development projects should be required to assume full responsibility for OMRR&R of water resources development projects in perpetuity;
(B) non-Federal interests have reported that the indemnification clause and OMRR&R requirements are a barrier to entering into project partnership agreements with the Corps of Engineers;
(C) critical water resources development projects are being delayed by years, or not pursued at all, due to the barriers described in subparagraph (B); and
(D) legal structures have changed since the indemnification clause was first applied and there may be more suitable tools available to address risk and liability issues.
(2) Analysis
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct an analysis of the implications of—
(A) the indemnification clause; and
(B) the assumption of OMRR&R responsibilities by non-Federal interests in perpetuity for water resources development projects.
(3) Inclusions
The analysis under paragraph (2) shall include—
(A) a review of risk for the Federal Government and non-Federal interests with respect to removing requirements for the indemnification clause;
(B) an assessment of whether the indemnification clause is still necessary given the changes in engineering, legal structures, and water resources development projects since 1910, with a focus on the quantity and types of claims and takings over time;
(C) an identification of States with State laws that prohibit those States from entering into agreements that include an indemnification clause;
(D) a comparison to other Federal agencies with respect to how those agencies approach indemnification and OMRR&R requirements in projects, if applicable;
(E) a review of indemnification and OMRR&R requirements for projects that States require with respect to agreements with cities and localities, if applicable;
(F) an analysis of the useful lifespan of water resources development projects, including any variations in that lifespan for different types of water resources development projects and how changing weather patterns and increased extreme weather events impact that lifespan;
(G) a review of situations in which non-Federal interests have been unable to meet OMRR&R requirements; and
(H) a review of policy alternatives to OMRR&R requirements, such as allowing extension, reevaluation, or deauthorization of water resources development projects.
(4) Report
On completion of the analysis under paragraph (2), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A) the results of the analysis; and
(B) any recommendations for changes needed to existing law or policy of the Corps of Engineers to address those results.
(5) Definitions
In this subsection:
(A) Indemnification clause
The term indemnification clause means the indemnification clause required in project partnership agreements for water resources development projects under sections 101(e)(2) and 103(j)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(e)(2), 2213(j)(1)(A)).
(B) Omrr&r
The term OMRR&R, with respect to a water resources development project, means operation, maintenance, repair, replacement, and rehabilitation.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the section 408 program.
(2) Requirements
The review by the Comptroller General under paragraph (1) shall include, at a minimum—
(A) an identification of trends related to the number and types of permits applied for each year under the section 408 program;
(B) an evaluation of—
(i) the materials developed by the Secretary to educate potential applicants about—
(I) the section 408 program; and
(II) the process for applying for a permit under the section 408 program;
(ii) the public website of the Corps of Engineers that tracks the status of permits issued under the section 408 program, including whether the information provided by the website is updated in a timely manner;
(iii) the ability of the districts and divisions of the Corps of Engineers to—
(I) consistently administer the section 408 program;
(II) make timely decisions on a permit requested under the section 408 program; and
(III) carry out a preapplication meeting with the relevant non-Federal entity requesting a permit under the section 408 program that provides clear, concise, and specific information on the technical requirements of an application for such a permit; and
(iv) the extent to which the Secretary carries out the process for issuing a permit under the section 408 program concurrently with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if applicable;
(C) a determination of the factors, if any, that impact the ability of the Secretary to adhere to the timelines required for reviewing and making a decision on an application for a permit under the section 408 program;
(D) ways to expedite the review of applications for permits under the section 408 program, including the use of categorical permissions or the establishment of a single office within the Corps of Engineers to review applications for such permits.
(3) Report
On completion of the review under paragraph (1), the Comptroller General 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 findings of the review and any recommendations that result from the review.
(4) Definition of section 408 program
In this subsection, the term section 408 program means the program administered by the Secretary pursuant to section 14 of the Act of March 3, 1899 (33 U.S.C. 408).
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of opportunities for the Corps of Engineers to modernize the civil works program through the use of technology, where appropriate, and the best available engineering practices.
(2) Inclusions
In conducting the analysis under paragraph (1), the Comptroller General of the United States shall include an assessment of the extent to which—
(A) existing engineering practices and technologies, including digital infrastructure and 3D modeling technologies, could be better utilized by the Corps of Engineers to—
(i) improve study, planning, and design efforts of the Corps of Engineers to further the benefits of water resources development projects of the Corps of Engineers;
(ii) reduce delays and cost overruns of water resources development projects, including through the improvement of environmental review and permitting processes;
(iii) provide cost savings over the lifecycle of a project, including through improved design processes or a reduction of operation and maintenance costs;
(iv) facilitate information sharing and complex water resources projects, and improve productivity of the Corp of Engineers; and
(v) improve data collection and data sharing capabilities; and
(B) the Corps of Engineers—
(i) currently utilizes the engineering practices and technologies identified under subparagraph (A), including any challenges associated with—
(I) costs and the acquisition process;
(II) the application of such practices and technologies;
(III) interoperability of such technologies with the other systems and technologies of the Corps of Engineers; and
(IV) security concerns associated with such technologies and how such concerns may be addressed;
(ii) has effective processes to share best practices associated with the engineering practices and technologies identified under subparagraph (A) among the districts, divisions, and headquarters of the Corps of Engineers; and
(iii) partners with National Laboratories, academic institutions, and other Federal agencies.
(3) Report
On completion of the analysis under paragraph (1), the Comptroller General 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 findings of the analysis and any recommendations that result from the analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the efforts of the Secretary to facilitate improved environmental review processes for project studies, including through the consideration of expanded use of categorical exclusions, environmental assessments, or programmatic environmental impact statements.
(3) Requirements
In conducting the review under paragraph (1), the Comptroller General of the United States shall—
(A) describe the actions the Secretary is taking or plans to take to implement the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5);
(B) describe the existing categorical exclusions most frequently used by the Secretary to streamline the environmental review of project studies;
(C) consider—
(i) whether the adoption of additional categorical exclusions, including those used by other Federal agencies, would facilitate the environmental review of project studies;
(ii) whether the adoption of new programmatic environmental impact statements would facilitate the environmental review of project studies; and
(iii) whether agreements with other Federal agencies would facilitate a more efficient process for the environmental review of project studies; and
(D) identify—
(i) any discrepancies or conflicts, as applicable, between the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5) and—
(I) section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348); and
(II) section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c); and
(ii) other issues, as applicable, relating to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) that are impeding the implementation of that section consistent with congressional intent.
(3) Report
On completion of the review under paragraph (1), the Comptroller General 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 findings of the review, including any legislative recommendations, as a result of the review.
(4) Definition of project study
In this subsection, the term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282).
(1) In general
The Comptroller General shall conduct a study that—
(A) assesses the costs and limitations of the construction of various types of dredged material disposal sites, with a particular focus on aquatic confined placement structures in the Lower Columbia River; and
(B) includes a comparison of—
(i) the operation and maintenance needs and costs associated with the availability of aquatic confined placement structures; and
(ii) the operation and maintenance needs and costs associated with the lack of availability of aquatic confined placement structures.
(2) Report
On completion of the study under paragraph (1), the Comptroller General 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 findings of the study, and any recommendations that result from that study.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of the distribution of funding from the Harbor Maintenance Trust Fund.
(2) Requirements
In conducting the analysis under paragraph (1), the Comptroller General shall assess—
(A) the implementation of provisions related to the Harbor Maintenance Trust Fund in the Water Resources Development Act of 2020 (134 Stat. 2615) and the amendments made by that Act by the Corps of Engineers, including—
(i) changes to the budgetary treatment of funding from the Harbor Maintenance Trust Fund; and
(ii) amendments to the definitions of the terms donor ports, medium-sized donor parts, and energy transfer ports under section 2106(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(a)), including—
(I) the reliability of metrics, data for those metrics, and sources for that data used by the Corps of Engineers to determine if a port satisfies the requirements of 1 or more of those definitions; and
(II) the extent of the impact of cyclical dredging cycles for operations and maintenance activities and deep draft navigation construction projects on the ability of ports to meet the requirements of 1 or more of those definitions; and
(B) the amount of Harbor Maintenance Trust Fund funding in the annual appropriations Acts enacted after the date of enactment of the Water Resources Development Act of 2020 (134 Stat. 2615), including an analysis of—
(i) the allocation of funding to donor ports and energy transfer ports (as those terms are defined in section 2106(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(a))) and the use of that funding by those ports;
(ii) activities funded pursuant to section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238); and
(iii) challenges associated with expending the remaining balance of the Harbor Maintenance Trust Fund.
(3) Report
On completion of the analysis under paragraph (1), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the analysis and any recommendations that result from that analysis.
(5) Definition of harbor maintenance trust fund
In this subsection, the term Harbor Maintenance Trust Fund means the Harbor Maintenance Trust Fund established by section 9505(a) of the Internal Revenue Code of 1986.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of—
(A) the costs and benefits of the environmental justice initiatives of the Secretary with respect to the civil works program; and
(B) the positive and negative effects on the civil works program of those environmental justice initiatives.
(2) Inclusions
The analysis under paragraph (1) shall include, at a minimum, a review of projects carried out by the Secretary during fiscal year 2023 and fiscal year 2024 pursuant to the environmental justice initiatives of the Secretary with respect to the civil works program.
(3) Report
On completion of the analysis under paragraph (1), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any findings of the 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 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 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 and from any post-disaster supplemental appropriations Act for each of fiscal years 2004 through 2023, including—
(i) any budget requests made for such account or supplemental appropriations for the civil works program of the Corp of Engineers;
(ii) the total combined amount of funding for each fiscal year from such account and such appropriations Act;
(iii) the amounts transferred to such account from other accounts of the Corps of Engineers to cover a funding shortfall for postdisaster activities in each fiscal year;
(iv) the name and location of the authorized water resources development projects impacted by the transfer of funds described in clause (iii);
(v) a summary of the activities and actions carried out with amounts available in such account or from such supplemental appropriations Acts, including the amount provided for salaries and expenses; and
(B) an assessment and description of—
(i) any contributing factors that resulted in any annual variability in the amounts described in clauses (i), (ii), and (iii); and
(ii) budgetary trends in the provision of post-disaster assistance that may impact future spending through such account or from such supplemental appropriations Acts; and
(iii) any impact of post-disaster supplemental appropriations on emergency response activities;
(C) 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
(D) 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 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 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 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 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 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 shall complete a review of the Corps of Engineers and its role in support of Federal Emergency Management Agency missions beginning with fiscal year 2014, including—
(A) a description with costs and funding sources of all data, methodological advice, information, models, and analysis that the Corps of Engineers has provided to the Federal Emergency Management Agency together with an assessment of the fitness of such information for policy purposes in relation to—
(i) floodplain mapping;
(ii) flood insurance, including the Risk Rating 2.0 flood insurance pricing methodology; and
(iii) determination of the flood risk reduction provided by structural and nonstructural flood risk reduction projects, including levee systems, both accredited and non-accredited; and
(B) evaluation of the Corps of Engineers application of and compliance with section 515 of the Treasury and General Government Appropriations Act, 2001 (commonly known as the Information Quality Act of 2000) (Public Law 106–554, 114 Stat. 2763A–153) and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435, 132 Stat. 5529), including the amendments made by that Act, and associated guidelines issued by the Office of Management and Budget, in ensuring the fitness of data and information used by the Corps of Engineers and the Federal Emergency Management Agency as foundations for agency guidance, rules, and policymaking.
(2) Scope
In conducting the review required under paragraph (1), the Comptroller General shall examine—
(A) discharge of the Secretary’s duties under section 3014 of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131); and
(B) administration of activities pursuant to National Levee Safety Act of 2007 (33 U.S.C. 3301 et seq.), section 1123 of the Water Resources Development Act of 2018 (33 U.S.C. 3306), and section 8121 of the Water Resources Development Act of 2022 (33 U.S.C. 3307), in order to establish—
(i) an assessment of Corps of Engineers use of peer review under section 515 of the Treasury and General Government Appropriations Act, 2001 (commonly known as the Information Quality Act of 2000) (Public Law 106–554, 114 Stat. 2763A–153);
(ii) the degree to which data, methodological advice, information, models, and analysis are freely accessible to the public;
(iii) the degree to which data, methodological advice, information, models, and analysis are transparent and reproducible by the public;
(iv) the views of the public and affected parties on how the Corps of Engineers should uphold the data quality and evidence-based policymaking objectives of such section 515 of the Treasury and General Government Appropriations Act, 2001 and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435, 132 Stat. 5529), including the amendments made by that Act;
(v) the immediate and long-term impacts of the Corps of Engineers support to Federal Emergency Management Agency for affected communities, units of local government (including levee and drainage districts), and property owners, including the prioritization and justification of flood risk management projects;
(vi) the degree to which Federal coordination is occurring with affected communities, units of local government (including levee and drainage districts), and property owners in the formulation of agency guidance, rules, and policymaking, including agency adherence to section 1317 of the Housing and Urban Development Act of 1968 (42 U.S.C. 4024) in the formulation of the Risk Rating 2.0 flood insurance pricing methodology;
(vii) recommendations to the Secretary for improving compliance with the provisions of law referred to in clause (iv); and
(viii) recommendations to Congress, as appropriate, on legislation improving Corps of Engineers compliance with the provisions of law referred to in clause (iv).
(3) Consultation
In carrying out the review required under paragraph (1), the Comptroller General shall consult with the Office of the Engineer Inspector General of the Corps of Engineers, the Office of Management and Budget, levee and drainage districts, and units of local government.
(4) Report
Upon completion of the review required under paragraph (1) and (2), 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 carry out a review of the impact of material contaminated by a hazardous substance on the civil works program of the Corps of Engineers, including relevant policies, regulations, or guidance of the Corps of Engineers.
(2) Requirements
In developing the review under subsection (a), the Secretary shall—
(A) describe—
(i) with respect to water resources development projects—
(I) the applicable statutory authorities that require the removal of material contaminated by a hazardous substance;
(II) the roles and responsibilities of the Secretary and non-Federal interests for identifying and removing material contaminated by a hazardous substance; and
(III) the currently required remediation standards for water resources development projects where material contaminated by hazardous substances are identified, if applicable; and
(ii) any regulatory actions or decisions made by another Federal agency that impact—
(I) the removal of material contaminated by a hazardous substance; and
(II) the ability of the Secretary to carry out the civil works program of the Corps of Engineers;
(B) discuss the impact of material contaminated by a hazardous substance on—
(i) the timely completion of construction of water resources development projects;
(ii) the operation and maintenance of water resources development projects, including dredging activities of the Corps of Engineers to maintain authorized Federal depths at ports and along the inland waterways; and
(iii) costs associated with carrying out the civil works program of the Corps of Engineers; and
(C) include any other information that the Secretary determines to be appropriate to facilitate an understanding of the impact of material contaminated by a hazardous substance on the civil works program of the Corps of Engineers.
(3) Report
On completion of the review under paragraph (1), the Comptroller General 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 findings of such assessment, including any legislative recommendations that result from such assessment.
Section 1402. Special rule
The Secretary is authorized to provide up to $320,000,000 in financial assistance to the State of Florida for design and construction of the North Feeder Stormwater Treatment Area, as recommended in the Report of the Chief of Engineers for the project for ecosystem restoration, Comprehensive Everglades Restoration Plan, Western Everglades Restoration Plan, Florida, authorized by this Act, and subject to the availability of appropriations.
Section 1403. Additional project authorization pursuant to study by non-Federal interest
The North of Lake Okeechobee Storage Reservoir (Component A) of the Comprehensive Everglades Restoration Plan (CERP) Project is authorized to be carried out by the Secretary in accordance with the review assessment of the feasibility study for such project, dated August 2024 and submitted by the Secretary under section 203(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(c)), and subject to such modifications or conditions as the Secretary considers appropriate.
(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 an Operations and Maintenance Building 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 section (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 section (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 section (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 the facilities described in paragraphs (1) through (3), including any necessary demolition of 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 facilities constructed under this section.
Section 2101. Short title
This title may be cited as the Fiscally Responsible Highway Funding Act of 2024.
Section 2102. Definitions
In this title:
(1) Secretary
The term Secretary means the Secretary of Transportation.
(2) State
The term State means any of the 50 States and the District of Columbia.
(3) TIFIA program
The term TIFIA program means the program for credit assistance under chapter 6 of title 23, United States Code.
(a) In general
Notwithstanding any other provision of law, the Secretary shall distribute the amount of contract authority described in subsection (b)(1) to States in accordance with this section.
(1) Amount described
Subject to paragraph (2), the amount of contract authority referred to in subsection (a) is $1,800,000,000, which shall be derived from the unobligated amounts of contract authority made available for credit assistance under—
(A) the transportation infrastructure finance and innovation program under subchapter II of chapter 1 of title 23, United States Code (as in effect before the date of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)); and
(B) the TIFIA program.
(2) Treatment
The amount distributed under subsection (a) shall—
(A) be subject to the obligation limitation for Federal-aid highway and highway safety construction programs;
(B) remain available until September 30, 2028; and
(C) be in addition to any other funding apportioned to States under section 104(b) of title 23, United States Code.
(c) Distribution
The amount distributed under subsection (a) shall be distributed so that each State receives an amount equal to the proportion that—
(1) the amount apportioned to the State for fiscal year 2025 under subsection (b) of section 104 of title 23, United States Code; bears to
(2) the total amount apportioned to all States for fiscal year 2025 under that subsection.
(d) Requirements
Amounts distributed to States under subsection (a) shall be—
(1) except as otherwise provided in this section, administered as if apportioned under chapter 1 of title 23, United States Code;
(2) available for any purpose described in section 133(b) of such title;
(3) subject to the set aside under section 133(h) of such title;
(4) suballocated in the same manner described in section 133(d) of such title; and
(5) subject to the requirements of section 11101(e) of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).
(e) Effective date
This section shall take effect as if enacted on October 1, 2024.
(1) In general
Notwithstanding any other provision of law and subject to paragraph (2), on April 1, 2025, the Secretary shall—
(A) determine the amount of contract authority made available for credit assistance under the TIFIA program for fiscal year 2025 pursuant to section 11101(a)(2) of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 443) that is estimated to remain unobligated in that fiscal year; and
(B) distribute to States, in accordance with this section, 75 percent of the amount of contract authority determined under subparagraph (A).
(2) Treatment
The amounts distributed under paragraph (1)(B) shall—
(A) be subject to the obligation limitation for Federal-aid highway and highway safety construction programs;
(B) remain available until September 30, 2028; and
(C) be in addition to any other funding apportioned to States under section 104(b) of title 23, United States Code.
(b) Distribution
The amount distributed under subsection (a)(1)(B) shall be distributed so that each State receives an amount equal to the proportion that—
(1) the amount apportioned to the State for fiscal year 2025 under subsection (b) of section 104 of title 23, United States Code; bears to
(2) the total amount apportioned to all States for fiscal year 2025 under that subsection.
(c) Requirements
Amounts distributed to States under subsection (a)(1)(B) shall be—
(1) except as otherwise provided in this section, administered as if apportioned under chapter 1 of title 23, United States Code;
(2) available for any purpose described in section 133(b) of that title;
(3) subject to the set aside under section 133(h) of such title;
(4) suballocated in the same manner described in section 133(d) of that title; and
(5) subject to the requirements of section 11101(e) of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).
(1) In general
Notwithstanding any other provision of law and subject to paragraph (2), on April 1, 2026, the Secretary shall—
(A) determine the amount of contract authority made available for credit assistance under the TIFIA program for fiscal year 2026 pursuant to section 11101(a)(2) of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 443) that is estimated to remain unobligated in that fiscal year; and
(B) distribute to States, in accordance with this section, 75 percent of the amount of contract authority determined under subparagraph (A).
(2) Treatment
The amounts distributed under paragraph (1)(B) shall—
(A) be subject to the obligation limitation for Federal-aid highway and highway safety construction programs;
(B) remain available until September 30, 2029; and
(C) be in addition to any other funding apportioned to States under section 104(b) of title 23, United States Code.
(b) Distribution
The amount distributed under subsection (a)(1)(B) shall be distributed so that each State receives an amount equal to the proportion that—
(1) the amount apportioned to the State for fiscal year 2026 under subsection (b) of section 104 of title 23, United States Code; bears to
(2) the total amount apportioned to all States for fiscal year 2026 under that subsection.
(c) Requirements
Amounts distributed to States under subsection (a)(1)(B) shall be—
(1) except as otherwise provided in this section, administered as if apportioned under chapter 1 of title 23, United States Code;
(2) available for any purpose described in section 133(b) of that title;
(3) subject to the set aside under section 133(h) of such title;
(4) suballocated in the same manner described in section 133(d) of that title; and
(5) subject to the requirements of section 11101(e) of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).
Section 2201. Short title
This title may be cited as the Economic Development Reauthorization Act of 2024.
(a) In general
Section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is amended—
(1) by redesignating paragraphs (1) through (12) as paragraphs (3), (4), (5), (6), (7), (8), (9), (12), (13), (14), (16), and (17), respectively;
(2) by inserting before paragraph (3) (as so redesignated) the following:
(1) Blue economy
The term blue economy means the sustainable use of marine, lake, or other aquatic resources in support of economic development objectives.
(2) Capacity building
The term capacity building includes all activities associated with early stage community-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and engagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment.
(2) ;
(3) in paragraph (5) (as so redesignated), in subparagraph (A)(i), by striking to the extent appropriate and inserting to the extent determined appropriate by the Secretary;
(4) in paragraph (6) (as so redesignated), in subparagraph (A)—
(A) in clause (v), by striking or at the end;
(B) in clause (vi), by striking the period at end and inserting a semicolon; and
(C) by adding at the end the following:
(vii) an economic development organization; or
(viii) a public-private partnership for public infrastructure.
(C) ;
(5) by inserting after paragraph (9) (as so redesignated) the following:
(10) Outdoor recreation
The term outdoor recreation means all recreational activities, and the economic drivers of those activities, that occur in nature-based environments outdoors.
(11) Project predevelopment
The term project predevelopment means a measure required to be completed before the initiation of a project, including—
(A) planning and community asset mapping;
(B) training;
(C) technical assistance and organizational development;
(D) feasibility and market studies;
(E) demonstration projects; and
(F) other predevelopment activities determined by the Secretary to be appropriate.
(5) ;
(6) by striking paragraph (12) (as so redesignated) and inserting the following:
(12) Regional Commission
The term Regional Commission means any of the following:
(A) The Appalachian Regional Commission established by section 14301(a) of title 40, United States Code.
(B) The Delta Regional Authority established by section 382B(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–1(a)(1)).
(C) The Denali Commission established by section 303(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).
(D) The Great Lakes Authority established by section 15301(a)(4) of title 40, United States Code.
(E) The Mid-Atlantic Regional Commission established by section 15301(a)(5) of title 40, United States Code.
(F) The Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code.
(G) The Northern Great Plains Regional Authority established by section 383B(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb–1(a)(1)).
(H) The Southeast Crescent Regional Commission established by section 15301(a)(1) of title 40, United States Code.
(I) The Southern New England Regional Commission established by section 15301(a)(6) of title 40, United States Code.
(J) The Southwest Border Regional Commission established by section 15301(a)(2) of title 40, United States Code.
(6) ;
(7) by inserting after paragraph (14) (as so redesignated) the following:
(15) Travel and tourism
The term travel and tourism means any economic activity that primarily serves to encourage recreational or business travel in or to the United States, including activities relating to public or nonprofit entertainment venues in the United States.
(7) ; and
(8) in paragraph (17) (as so redesignated), by striking established as a University Center for Economic Development under section 207(a)(2)(D) and inserting established under section 207(c)(1).
(b) Conforming amendment
Section 207(a)(3) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3147(a)(3)) is amended by striking section 3(4)(A)(vi) and inserting section 3(6)(A)(vi).
Section 2212. Increased coordination
Section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3133) is amended by striking subsection (b) and inserting the following:
(1) In general
To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(A) In general
In addition to meetings described in paragraph (1), not later than 1 year after the date of enactment of the Economic Development Reauthorization Act of 2024, and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a).
(B) Attendees
The attendees for a meeting convened under this paragraph shall consist of—
(i) the Secretary, acting through the Assistant Secretary of Commerce for Economic Development, serving as Chair;
(ii) the Federal Cochairpersons of the Regional Commissions, or their designees; and
(iii) the State Cochairpersons of the Regional Commissions, or their designees.
(C) Purpose
The purposes of a meeting convened under this paragraph shall include—
(i) to enhance coordination between the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(ii) to reduce duplication of efforts by the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(iii) to develop best practices and strategies for fostering regional economic development; and
(iv) any other purposes as determined appropriate by the Secretary.
(D) Report
Where applicable and pursuant to subparagraph (C), not later than 1 year after a meeting under this paragraph, the Secretary shall prepare and make publicly available a report detailing, at a minimum—
(i) the planned actions by the Economic Development Administration and the Regional Commissions to enhance coordination or reduce duplication of efforts and a timeline for implementing those actions; and
(ii) any best practices and strategies developed.
Section 2212. Increased coordination
.
(a) In general
Section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting or for the improvement of waste management and recycling systems after development facility; and
(B) in paragraph (2), by inserting increasing the resilience after expansion,;
(2) in subsection (b)(1)—
(A) in subparagraph (A), by striking successful establishment or expansion and inserting successful establishment, expansion, or retention,; and
(B) in subparagraph (C), by inserting and underemployed after unemployed;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
(c) Additional considerations
In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Secretary may also consider the extent to which a project would—
(1) lead to economic diversification in the area, or a part of the area, in which the project is or will be located;
(2) address and mitigate economic impacts from extreme weather events, including development of resilient infrastructure, products, and processes;
(3) benefit highly rural communities without adequate tax revenues to invest in long-term or costly infrastructure;
(4) increase access to high-speed broadband;
(5) support outdoor recreation to spur economic development, with a focus on rural communities;
(6) promote job creation or retention relative to the population of the impacted region with outsized significance;
(7) promote travel and tourism; or
(8) promote blue economy activities.
(4) .
Section 2214. Grants for planning and grants for administrative expenses
Section 203 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143) is amended—
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following:
(d) Administrative expenses
Administrative expenses that may be paid with a grant under this section include—
(1) expenses related to carrying out the planning process described in subsection (b);
(2) expenses related to project predevelopment;
(3) expenses related to updating economic development plans to align with other applicable State, regional, or local planning efforts; and
(4) expenses related to hiring professional staff to assist communities in—
(A) project predevelopment and implementing projects and priorities included in—
(i) a comprehensive economic development strategy; or
(ii) an economic development planning grant;
(B) identifying and using other Federal, State, and Tribal economic development programs;
(C) leveraging private and philanthropic investment;
(D) preparing economic recovery plans in response to disasters; and
(E) carrying out economic development and predevelopment activities in accordance with professional economic development best practices.
(2) ; and
(3) in subsection (e) (as so redesignated), in paragraph (4)—
(A) in subparagraph (E), by striking; and and inserting (including broadband);;
(B) by redesignating subparagraph (F) as subparagraph (G); and
(C) by inserting after subparagraph (E) the following:
(F) address and mitigate economic impacts of extreme weather; and
(C) .
Section 2215. Cost sharing
Section 204 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3144) is amended—
(1) in subsection (a)(1), by striking 50 and inserting 60;
(2) in subsection (b)—
(A) by striking In determining and inserting the following:
(1) In general
In determining
(A) ; and
(B) by adding at the end the following:
(2) Regional Commission funds
Notwithstanding any other provision of law, any funds contributed by a Regional Commission for a project under this title may be considered to be part of the non-Federal share of the costs of the project.
(B) ; and
(3) in subsection (c)—
(A) in paragraph (2), by inserting or can otherwise document that no local matching funds are reasonably obtainable after or political subdivision;
(B) in paragraph (3)—
(i) by striking section 207 and inserting section 203 or 207; and
(ii) by striking project if and all that follows through the period at the end and inserting project.; and
(C) by adding at the end the following:
(4) Small communities
In the case of a grant to a political subdivision of a State (as described in section 3(6)(A)(iv)) that has a population of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 301(a), the Secretary may increase the Federal share under paragraph (1) up to 100 percent of the total cost of the project.
(C) .
Section 2216. Regulations on relative needs and allocations
Section 206 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3146) is amended—
(1) in paragraph (1), by striking subparagraph (B) and inserting the following:
(B) the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and
(1) ; and
(2) in paragraph (4), by inserting and retention after creation.
Section 2217. Research and technical assistance; university centers
Section 207 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3147) is amended—
(1) in subsection (a)(2)(A), by inserting, project predevelopment, after planning; and
(2) by adding at the end the following:
(1) Establishment
In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers.
(2) Geographic coverage
The Secretary shall ensure that the network of university centers established under this subsection provides services in each State.
(3) Duties
To the maximum extent practicable, a university center established under this subsection shall—
(A) collaborate with other university centers;
(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development;
(C) provide technical assistance, business development, and technology transfer services to businesses in the area served by the university center;
(D) establish partnerships with 1 or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–9);
(E) promote local and regional capacity building; and
(F) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies.
(4) Consideration
In making grants under this subsection, the Secretary shall consider—
(A) the significant role of regional public universities in supporting economic development in distressed communities through the planning and the implementation of economic development projects and initiatives; and
(B) the location of the university center in or near a distressed community.
(2) .
Section 2218. Investment priorities
Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 (42 U.S.C. 3147) the following:
(a) In general
Subject to subsection (b), for a project to be eligible for assistance under this title, the project shall be consistent with 1 or more of the following investment priorities:
(1) Critical infrastructure
Economic development planning or implementation projects that support development of public facilities, including basic public infrastructure, transportation infrastructure, or telecommunications infrastructure.
(2) Workforce
Economic development planning or implementation projects that—
(A) support job skills training to meet the hiring needs of the area in which the project is to be carried out and that result in well-paying jobs; or
(B) otherwise promote labor force participation.
(3) Innovation and entrepreneurship
Economic development planning or implementation projects that—
(A) support the development of innovation and entrepreneurship-related infrastructure;
(B) promote business development and lending; or
(C) foster the commercialization of new technologies that are creating technology-driven businesses and high-skilled, well-paying jobs of the future.
(4) Economic recovery resilience
Economic development planning or implementation projects that enhance the ability of an area to withstand and recover from adverse short-term or long-term changes in economic conditions, including effects from industry contractions or economic impacts from natural disasters.
(5) Manufacturing
Economic development planning or implementation projects that encourage job creation, business expansion, technology and capital upgrades, and productivity growth in manufacturing, including efforts that contribute to the competitiveness and growth of domestic suppliers or the domestic production of innovative, high-value products and production technologies.
(b) Conditions
If the Secretary plans to use an investment priority that is not described in subsection (a), 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 written notification that explains the basis for using that investment priority.
(c) Savings clause
Nothing in this section waives any other requirement of this Act.
Section 2218. Investment priorities
.
Section 2219. Grants for economic adjustment
Section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) is amended—
(1) in subsection (c)—
(A) in paragraph (4), by striking or at the end;
(B) in paragraph (5)—
(i) by inserting, travel and tourism, natural resource-based, blue economy, or agricultural after manufacturing; and
(ii) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(6) economic dislocation in the steel industry due to the closure of a steel plant, primary steel economy contraction events (including temporary layoffs and shifts to part-time work), or job losses in the steel industry or associated with the departure or contraction of the steel industry, for help in economic restructuring of the communities; or
(7) limited water for industrial consumption in areas impacted by decreased water supplies due to drought or extreme heat.
(C) ;
(2) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and
(3) by inserting after section (c) the following:
(1) Definitions
In this subsection:
(A) Coal economy
The term coal economy means the complete supply chain of coal-reliant industries, including—
(i) coal mining;
(ii) coal-fired power plants;
(iii) transportation or logistics; and
(iv) manufacturing.
(B) Contraction event
The term contraction event means the closure of a facility or a reduction in activity relating to a coal-reliant industry, including an industry described in any of clauses (i) through (iv) of subparagraph (A).
(A) In general
In carrying out this subsection, the Secretary shall determine the eligibility of an area based on whether the eligible recipient can reasonably demonstrate that the area—
(i) has been adversely impacted by a contraction event in the coal economy within the previous 25 years; or
(ii) will be adversely impacted by a contraction event in the coal economy.
(B) Prohibition
No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection based on the date of a contraction event except as provided in subparagraph (A)(i).
(C) Demonstrating adverse impact
For the purposes of this paragraph, an eligible recipient may demonstrate an adverse impact by demonstrating—
(i) a loss in employment;
(ii) a reduction in tax revenue; or
(iii) any other factor, as determined to be appropriate by the Secretary.
(1) Definitions
In this subsection:
(A) Commission
The term Commission means the Nuclear Regulatory Commission.
(B) Community advisory board
The term community advisory board means a community committee or other advisory organization that—
(i) primarily focuses on the economic impacts of decommissioning activities; and
(ii) aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect.
(C) Decommission
The term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
(D) Licensee
The term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
(E) Nuclear host community
The term nuclear host community means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that—
(i) is not co-located with an operating nuclear power plant;
(ii) is at a site with spent nuclear fuel; and
(iii) as of the date of enactment of the Economic Development Reauthorization Act of 2024 —
(I) has ceased operations; or
(II) has provided a written notification to the Commission that it will cease operations.
(3) Requirement
In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants.
(4) Distribution of funds
The Secretary shall establish a methodology to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection.
(3) .
Section 2220. Renewable energy program
Section 218 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3154d) is amended—
(1) in the section heading, by striking brightfields demonstration and inserting renewable energy;
(2) by striking subsection (a) and inserting the following:
(a) Definition of renewable energy site
In this section, the term renewable energy site means a brownfield site that is redeveloped through the incorporation of 1 or more renewable energy technologies, including solar, wind, geothermal, ocean, and emerging, but proven, renewable energy technologies.
(2) ;
(3) in subsection (b)—
(A) in the subsection heading, by striking Demonstration Program and inserting Establishment;
(B) in the matter preceding paragraph (1), by striking brightfield and inserting renewable energy; and
(C) in paragraph (1), by striking solar energy technologies and inserting renewable energy technologies described in subsection (a),; and
(4) by striking subsection (d).
Section 2221. Workforce training grants
Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:
(a) In general
On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
(b) Eligible uses
Funds from a grant under this section may be used for—
(1) acquisition or development of land and improvements to house workforce training activities;
(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related equipment and machinery;
(3) acquisition of machinery or equipment to support workforce training activities;
(4) planning, technical assistance, and training;
(5) sector partnerships development, program design, and program implementation; and
(6) in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that—
(A) requires significant post-secondary training; but
(B) does not require a post-secondary degree.
(1) In general
The Secretary may award grants to States for the purpose described in subsection (b)(6).
(2) Application
To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following:
(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.
(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.
(C) A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 301(a).
(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
(3) Selection
The Secretary shall award not more than 1 grant under this subsection to any State.
(4) Eligible uses
A grant under this subsection may be used for—
(A) necessary costs to carry out the matters described in this subsection, including tuition and stipends for individuals that receive funds under the program established by the applicable State, subject to the requirements described in paragraph (6); and
(B) program implementation, planning, technical assistance, or training.
(6) Participant amounts
A State shall ensure that grant funds provided under this subsection to each individual that receives funds under the program established by the applicable State is the lesser of the following amounts:
(A) In a case in which the individual is also eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for enrollment at the applicable training program for any award year of the training program, $11,000 minus the amount of the awarded Federal Pell Grant.
(B) For an individual not described in paragraph (1), the lesser of—
(i) $11,000; and
(ii) the total cost of the training program in which the individual is enrolled, including tuition, fees, career navigation services, textbook costs, expenses related to assessments and exams for certification or licensure, equipment costs, and wage stipends (in the case of a training program that is an earn-and-learn program).
(7) Termination
The authority provided under this subsection shall expire on September 30, 2029.
(d) Coordination
The Secretary shall coordinate the development of new workforce development models with the Secretary of Labor and the Secretary of Education.
Section 2221. Workforce training grants
.
Section 2222. Congressional notification requirements
Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 2221) is amended by adding at the end the following:
(a) In general
In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
(b) Projects described
A project referred to in subsection (a) is a project that the Secretary has selected to receive a grant administered by the Economic Development Administration in an amount not less than $100,000.
(c) Requirements
A notification under subsection (a) shall include—
(1) the name of the project;
(2) the name of the applicant;
(3) the region in which the project is to be carried out;
(4) the State in which the project is to be carried out;
(5) the 1 or more counties or political subdivisions in which the project is to be carried out;
(6) the number of jobs expected to be created or retained as a result of the project;
(7) the estimated date of completion of the project;
(8) the amount of the grant awarded;
(9) a description of the project; and
(10) any additional information, as determined to be appropriate by the Secretary.
(d) Public availability
The Secretary shall make a notification under subsection (a) publicly available not later than 60 days after the date on which the Secretary provides the notice.
Section 2222. Congressional notification requirements
.
Section 2223. Specific flexibilities related to deployment of high-speed broadband
Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 2222) is amended by adding at the end the following:
(a) Definitions
In this section:
(1) Broadband project
The term broadband project means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this Act—
(A) planning, technical assistance, or training;
(B) the acquisition or development of land; or
(C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.
(A) In general
The term eligible recipient means an eligible recipient.
(B) Inclusions
The term eligible recipient includes—
(i) a public-private partnership; and
(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.
(3) High-speed broadband
The term high-speed broadband means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
(1) In general
On the application of an eligible recipient, the Secretary may make grants under this title for broadband projects, which shall be subject to the provisions of this section.
(2) Considerations
In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3).
(3) Data requested
In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—
(A) the level and extent of broadband service that exists in the area proposed to be served; and
(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.
(4) Interest in real or personal property
For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary.
(5) Procurement
Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided.
(A) In general
The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.
(B) Treatment
The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 217.
Section 2223. Specific flexibilities related to deployment of high-speed broadband
.
Section 2224. Critical supply chain site development grant program
Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 2223) is amended by adding at the end the following:
(a) In general
On the application of an eligible recipient, the Secretary may make grants under the Critical Supply Chain Site Development grant program (referred to in this section as the grant program) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
(b) Considerations
In providing a grant to an eligible recipient under the grant program, the Secretary may consider whether—
(1) the proposed improvements to the site will improve economic conditions for rural areas, Tribal communities, or areas that meet 1 or more of the criteria described in section 301(a);
(2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy;
(3) the eligible recipient has initiatives to prioritize job training and workforce development; and
(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
(c) Priority
In awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that—
(1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and
(2) if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
(d) Use of funds
A grant provided under the grant program may be used for the following activities relating to the development or expansion of a site:
(1) Investments in site utility readiness, including—
(A) construction of on-site utility infrastructure;
(B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure;
(C) site grading; and
(D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary.
(2) Investments in site readiness, including—
(A) land assembly;
(B) environmental reviews;
(C) zoning;
(D) design;
(E) engineering; and
(F) permitting.
(3) Investments in workforce development and sustainability programs, including job training and retraining programs.
(4) Investments to ensure that disadvantaged communities have access to on-site jobs.
(1) In general
Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion.
(2) Safeguards
In awarding grants under the grant program, the Secretary shall include necessary safeguards to ensure that—
(A) the site development is fully completed within a reasonable timeframe; and
(B) the eligible recipient has sufficiently demonstrated private sector interest.
Section 2224. Critical supply chain site development grant program
.
Section 2225. Updated distress criteria and grant rates
Section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161) is amended—
(1) in subsection (a), by striking paragraph (3) and inserting the following:
(3) Unemployment, underemployment, or economic adjustment problems
The area is an area that the Secretary determines has experienced or is about to experience a special need arising from actual or threatened severe unemployment, underemployment, or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.
(4) Low median household income
The area has a median household income of 80 percent or less of the national average.
(5) Workforce participation
The area has—
(A) a labor force participation rate of 90 percent or less of the national average; or
(B) a prime-age employment gap of 5 percent or more.
(6) Expected economic dislocation and distress from energy industry transitions
The area is an area that is expected to experience actual or threatened severe unemployment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions from energy industries that are experiencing accelerated contraction.
(1) ; and
(2) by adding at the end the following:
(e) Transparency
To the extent the Secretary includes neighboring counties and communities in an economic development district in accordance with subsection (a)(3), the Secretary shall submit to Congress, and make publicly available online, a notification describing the justification for such inclusion and detailing the economic indicators of such neighboring counties and communities.
(2) .
Section 2226. Comprehensive economic development strategies
Section 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3162) is amended—
(1) in subsection (a)(3)(A), by inserting including to mitigate and adapt to the economic impacts of extreme weather, after enhances and protects the environment,; and
(2) by adding at the end the following:
(d) Exception
This section shall not apply to grants awarded under section 207 or grants awarded under section 209(c)(2) for areas to which more than one comprehensive economic development strategy may apply.
(2) .
Section 2227. Office of Tribal Economic Development
Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) is amended by adding at the end the following:
(a) Establishment
There is established within the Economic Development Administration an Office of Tribal Economic Development (referred to in this section as the Office).
(b) Purposes
The purposes of the Office shall be—
(1) to coordinate all Tribal economic development activities carried out by the Secretary;
(2) to help Tribal communities access economic development assistance programs, including the assistance provided under this Act;
(3) to coordinate Tribal economic development strategies and efforts with other Federal agencies; and
(4) to be a participant in any negotiated rulemakings or consultations relating to, or having an impact on, projects, programs, or funding that benefit Tribal communities.
(1) In general
Not later than 1 year after the date of enactment of the Economic Development Reauthorization Act of 2024, the Office shall initiate a Tribal consultation process to develop, and not less frequently than every 3 years thereafter, update, a strategic plan for Tribal economic development for the Economic Development Administration.
(2) Submission to Congress
Not later than 1 year after the date of enactment of the Economic Development Reauthorization Act of 2024 and not less frequently than every 3 years thereafter, the Office 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 strategic plan for Tribal economic development developed under paragraph (1).
(d) Outreach
The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
(e) Dedicated staff
The Secretary shall ensure that the Office has sufficient staff to carry out all outreach activities under this section.
Section 2227. Office of Tribal Economic Development
.
Section 2228. Office of Disaster Recovery and Resilience
Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) (as amended by section 2227) is amended by adding at the end the following:
(a) Establishment
The Secretary shall establish an Office of Disaster Recovery and Resilience—
(1) to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 209 and section 703;
(2) to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and
(3) support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—
(A) convening and deploying an economic development assessment team;
(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;
(C) exploring potential flexibilities related to existing awards;
(D) provision of technical assistance through staff or contractual resources; and
(E) other activities determined by the Secretary to be appropriate.
(1) Establishment
As soon as practicable after the date of enactment of this section, the Secretary shall establish a disaster team (referred to in this section as the disaster team) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.
(A) Designation of staff
As soon as practicable after the date of enactment of this section, the Secretary shall designate to serve on the disaster team—
(i) employees of the Office of Disaster Recovery and Resilience;
(ii) employees of the Department who are not employees of the Economic Development Administration; and
(iii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.
(B) Capabilities
In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of—
(i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and
(ii) highly trained full-time employees who will lead and manage the disaster team.
(3) Training
The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team to ensure that the members are adequately trained regarding the programs and policies of the Economic Development Administration relating to post-disaster economic recovery efforts.
(4) Expenses
In carrying out this section, the Secretary may—
(A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and
(B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team.
(d) Annual reports
Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(1) a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to subsection (c);
(2) the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed;
(3) the locations and length of any deployments;
(4) the number of personnel deployed, broken down by category, including permanent and temporary personnel; and
(5) a breakdown of expenses, with or without reimbursement.
Section 2228. Office of Disaster Recovery and Resilience
.
Section 2229. Establishment of technical assistance liaisons
Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) (as amended by section 2228) is amended by adding at the end the following:
(a) In general
A Regional Director of a regional office of the Economic Development Administration may designate a staff member to act as a Technical Assistance Liaison for any State served by the regional office.
(b) Role
A Technical Assistance Liaison shall—
(1) work in coordination with an Economic Development Representative to provide technical assistance, in addition to technical assistance under section 207, to eligible recipients that are underresourced communities, as determined by the Technical Assistance Liaison, that submit applications for assistance under title II; and
(2) at the request of an eligible recipient that submitted an application for assistance under title II, provide technical feedback on unsuccessful grant applications.
(c) Technical assistance
The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may submit an application for assistance under this Act.
Section 2229. Establishment of technical assistance liaisons
.
Section 2230. Annual report to Congress
Section 603 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3213) is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting areas after rural; and
(ii) in subparagraph (B), by striking and at the end;
(B) in paragraph (3), by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(A) include a list of all of the grants provided by the Economic Development Administration for projects located in, or that primarily benefit, rural areas;
(B) an explanation of the process used to determine how each project referred to in subparagraph (A) would benefit a rural area; and
(C) a certification that each project referred to in subparagraph (A)—
(i) is located in a rural area; or
(ii) will primarily benefit a rural area.
(C) ; and
(2) by adding at the end the following:
(c) Additional reporting
As part of the annual report to Congress of the Economic Development Administration, the Secretary shall include a report on project completions and close outs for construction awards that includes the following information on individual construction projects:
(1) The award date of the project.
(2) The completion date of the project.
(3) The close out date of the project.
(4) The total amount of the project, including non-Federal cost share and funding from other sources, including a breakdown by source.
(5) The number of jobs anticipated to be created or retained as a result of the investment.
(d) Public availability
Not later than the date of the submission of the report under subsection (c), the Secretary shall make the report under subsection (c) publicly available.
(e) Additional reporting requirement
To ensure that projects are meeting expected timelines, not later than 1 year after the date of enactment of the Economic Development Reauthorization Act of 2024, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum—
(1) includes an analysis of Economic Development Administration construction project timeline estimates and actual project durations; and
(2) describes the frequency with which project timelines are delayed and the sources of those delays, including cases in which a project scope or schedule requires an award amendment.
(2) .
(a) Sense of Congress
It is the sense of Congress that the Economic Development Administration should continue to promote access to economic development assistance programs of that agency through the use of Economic Development Representatives in underresourced communities, particularly coal communities.
(b) Economic development representatives
In assigning Economic Development Representatives, the Secretary of Commerce may take into account the needs of coal communities.
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce (referred to in this section as 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 efforts of the Secretary to facilitate efficient, timely, and predictable environmental reviews of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), including through expanded use of categorical exclusions or programmatic environmental documents (as those terms are defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)).
(b) Requirements
In completing the report under subsection (a), the Secretary shall—
(1) describe the actions the Secretary will take to implement the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38);
(2) describe the existing categorical exclusions most frequently used by the Secretary to streamline the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and
(3) consider—
(A) the adoption of additional categorical exclusions, including those used by other Federal agencies, that would facilitate the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.);
(B) the adoption of new programmatic environmental documents that would facilitate the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and
(C) agreements with other Federal agencies that would facilitate a more efficient process for the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
(c) Rulemaking
Not later than 2 years after the submission of the report under subsection (a), the Secretary shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Secretary under subsection (b) that are necessary to streamline the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
(a) Definitions
In this section:
(1) Comptroller General
The term Comptroller General means the Comptroller General of the United States.
(2) Regional Commission
The term Regional Commission has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122).
(b) Report
Not later than September 30, 2026, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates economic development programs administered by the Economic Development Administration and the Regional Commissions.
(c) Contents
In carrying out the report under subsection (b), the Comptroller General shall—
(1) evaluate the impact of programs described in that subsection on economic outcomes, including job creation and retention, the rate of unemployment and underemployment, labor force participation, and private investment leveraged;
(2) describe efforts by the Economic Development Administration and the Regional Commissions to document the impact of programs described in that subsection on economic outcomes described in paragraph (1);
(3) describe efforts by the Economic Development Administration and the Regional Commissions to carry out coordination activities described in section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3133);
(4) consider other factors, as determined to be appropriate by the Comptroller General of the United States, to assess the effectiveness of programs described in subsection (b); and
(5) make legislative recommendations for improvements to programs described in subsection (b) as applicable.
(a) Definitions
In this section:
(1) Comptroller General
The term Comptroller General means the Comptroller General of the United States.
(2) Small community
The term small community means a community of less than 10,000 year-round residents.
(b) Report
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates economic development regulations and policies administered by the Economic Development Administration that have hindered the ability of communities to apply for and administer Economic Development Administration grants.
(c) Contents
In carrying out the report under subsection (b), the Comptroller General shall—
(1) review regulations and grant application processes promulgated by the Assistant Secretary of Commerce for Economic Development;
(2) evaluate the technical capacity of eligible recipients (as defined in section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122)) to apply for Economic Development Administration grants;
(3) provide recommendations for improving the administration and timely disbursement of grants awarded by the Economic Development Administration, including for improving the communication with grantees regarding timelines for disbursement of funds;
(4) identify barriers to small communities applying for Economic Development Administration grants, in consultation with—
(A) State economic development representatives;
(B) secretaries of State departments of economic development;
(C) representatives for small communities that have received Economic Development Administration grants; and
(D) representatives for small communities that have never applied for Economic Development Administration grants; and
(5) provide recommendations for simplifying and easing the ability for grant applicants to navigate the Economic Development Administration grant application process, including through a review of regulations, including environmental regulations, not in the jurisdiction of the Economic Development Administration to identify possible grant application process improvements.
(a) In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the Comptroller General) shall conduct a study to evaluate the impacts of funding provided by the Economic Development Administration to distressed communities (as described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a))) located in rural areas.
(b) Contents
In carrying out the study under subsection (a), the Comptroller General shall—
(1) identify not less than 5 geographically diverse distressed communities in rural areas; and
(2) for each distressed community identified under paragraph (1), examine the impacts of funding provided by the Economic Development Administration on—
(A) the local jobs and unemployment of the community; and
(B) the availability of affordable housing in the community.
(c) Report
On completion of the study under subsection (a), the Comptroller General 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 findings of the study and any recommendations that result from the study.
Section 2237. Technical correction
Section 1 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note; Public Law 89–136) is amended by striking subsection (b) and inserting the following:
(b) Table of contents
The table of contents for this Act is as follows:
Section 2237. Technical correction
.
Section 2241. Regional commission authorizations
Section 15751 of title 40, United States Code, is amended by striking subsection (a) and inserting the following:
(a) In general
There is authorized to be appropriated to each Commission to carry out this subtitle $40,000,000 for each of fiscal years 2025 through 2029.
Section 2241. Regional commission authorizations
.
(a) Membership of commissions
Section 15301 of title 40, United States Code, is amended—
(1) in subsection (b)(2)(C)—
(A) by striking An alternate member and inserting the following:
(i) In general
An alternate member
(A) ; and
(B) by adding at the end the following:
(ii) State alternates
If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place.
(B) ; and
(2) in subsection (f), by striking a Federal employee and inserting an employee.
(b) Decisions of commissions
Section 15302 of title 40, United States Code, is amended—
(1) in subsection (a), by inserting or alternate State members, including designees after State members; and
(2) by striking subsection (c) and inserting the following:
(1) In general
Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission.
(2) Requirements
Any quorum for meetings of a Commission shall include—
(A) the Federal Cochairperson or the alternate Federal Cochairperson; and
(B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).
(2) .
(c) Administrative powers and expenses of commissions
Section 15304(a) of title 40, United States Code, is amended—
(1) in paragraph (5), by inserting, which may be done without a requirement for the Commission to reimburse the agency or local government after status;
(2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively;
(3) by inserting after paragraph (7) the following:
(8) collect fees for services provided and retain and expend such fees;
(3) ; and
(4) in paragraph (10) (as so redesignated), by striking maintain a government relations office in the District of Columbia and.
(d) Meetings of commissions
Section 15305(b) of title 40, United States Code, is amended by striking with the Federal Cochairperson and all that follows through the period at the end and inserting the following: “with—
(1) the Federal Cochairperson; and
(2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means.
(d) Meetings of commissions
.
(e) Annual reports
Section 15308(a) of title 40, United States Code, is amended by striking 90 and inserting 180.
(a) In general
Chapter 153 of subtitle V of title 40, United States Code, is amended—
(1) by redesignating section 15308 as section 15309; and
(2) by inserting after section 15307 the following:
(a) In general
Subject to subsection (c), for purposes of this subtitle, each Commission may transfer funds to and accept transfers of funds from other Federal agencies.
(b) Transfer of funds to other Federal agencies
Funds made available to a Commission may be transferred to other Federal agencies if the funds are used consistently with the purposes for which the funds were specifically authorized and appropriated.
(c) Transfer of funds from other federal agencies
Funds may be transferred to any Commission under this section if—
(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of funds for authorities being carried out by a Commission; and
(2) the Federal agency that provides the funds determines that the activities for which the funds are to be used are otherwise eligible for funding under such a statutory authority.
(2) .
(b) Clerical amendment
The analysis for chapter 153 of subtitle V of title 40, United States Code, is amended by striking the item relating to section 15308 and inserting the following:
(b) Clerical amendment
.
(a) In general
Chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following:
Section 15507. Payment of non-Federal share for certain Federal grant programs
Amounts made available to carry out this subtitle shall be available for the payment of the non-Federal share for any project carried out under another Federal grant program—
(1) for which a Commission is not the sole or primary funding source; and
(2) that is consistent with the authorities of the applicable Commission.
(a) In general
.
(b) Clerical amendment
The analysis for chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following:
(b) Clerical amendment
.
Section 2245. Northern Border Regional Commission area
Section 15733 of title 40, United States Code, is amended—
(1) in paragraph (1), by inserting Lincoln, after Knox,;
(2) in paragraph (2), by inserting Merrimack, after Grafton,; and
(3) in paragraph (3)—
(A) by inserting Schoharie, after Schenectady,; and
(B) by inserting Wyoming, after Wayne,.
Section 2246. Southwest Border Regional Commission area
Section 15732 of title 40, United States Code, is amended—
(1) in paragraph (3)—
(A) by inserting Bernalillo, before Catron,;
(B) by inserting Cibola, Curry, De Baca, after Chaves,;
(C) by inserting Guadalupe, after Grant,;
(D) by inserting Lea, after Hidalgo,;
(E) by inserting Roosevelt, after Otero,; and
(F) by striking and Socorro and inserting Socorro, Torrance, and Valencia; and
(2) in paragraph (4)—
(A) by inserting Guadalupe, after Glasscock,; and
(B) by striking Tom Green Upton, and inserting Tom Green, Upton,.
(a) In general
Subtitle V of title 40, United States Code, is amended by adding at the end the following:
(a) Definitions
In this section:
(1) Commission state
The term Commission State means a State that contains 1 or more eligible counties.
(2) Eligible county
The term eligible county means a county described in subchapter II of chapter 157.
(3) Program
The term program means a State capacity building grant program established by a Commission under subsection (b).
(b) Establishment
Each Commission shall establish a State capacity building grant program to provide grants to Commission States in the area served by the Commission for the purposes described in subsection (c).
(c) Purposes
The purposes of a program are to support the efforts of the Commission—
(1) to better support business retention and expansion in eligible counties;
(2) to create programs to encourage job creation and workforce development in eligible counties, including projects and activities, in coordination with other relevant Federal agencies, to strengthen the water sector workforce and facilitate the sharing of best practices;
(3) to partner with universities in distressed counties (as designated under section 15702(a)(1))—
(A) to strengthen the capacity in eligible counties to train new professionals in fields for which there is a shortage of workers;
(B) to increase local capacity in eligible counties for project management, project execution, and financial management; and
(C) to leverage funding sources for eligible counties;
(4) to prepare economic and infrastructure plans for eligible counties;
(5) to expand access to high-speed broadband in eligible counties;
(6) to provide technical assistance that results in Commission investments in transportation, water, wastewater, and other critical infrastructure;
(7) to promote workforce development in eligible counties to support resilient infrastructure projects;
(8) to develop initiatives to increase the effectiveness of local development districts in eligible counties; and
(9) to implement new or innovative economic development practices that will better position eligible counties to compete in the global economy.
(1) In general
Funds from a grant under a program may be used to support a project, program, or related expense of the Commission State in an eligible county.
(2) Limitation
Funds from a grant under a program shall not be used for—
(A) the purchase of furniture, fixtures, or equipment;
(B) the compensation of—
(i) any State member of the Commission (as described in section 15301(b)(1)(B)); or
(ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or
(C) the cost of supplanting existing State programs.
(1) In general
For each fiscal year, before providing a grant under a program, each Commission State shall provide to the Commission an annual work plan that includes the proposed use of the grant.
(2) Approval
No grant under a program shall be provided to a Commission State unless the Commission has approved the annual work plan of the State.
(1) In general
The amount of a grant provided to a Commission State under a program for a fiscal year shall be based on the proportion that—
(A) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c)); bears to
(B) the amount paid by all Commission States served by the Commission (including any amounts paid on behalf of a Commission State by a nonprofit organization) for administrative expenses for that fiscal year (as determined under that section).
(2) Requirement
To be eligible to receive a grant under a program for a fiscal year, a Commission State (or a nonprofit organization on behalf of the Commission State) shall pay the amount of administrative expenses of the Commission State for the applicable fiscal year (as determined under section 15304(c)).
(3) Approval
For each fiscal year, a grant provided under a program shall be approved and made available as part of the approval of the annual budget of the Commission.
(g) Grant availability
Funds from a grant under a program shall be available only during the fiscal year for which the grant is provided.
(h) Report
Each fiscal year, each Commission State shall submit to the relevant Commission and make publicly available a report that describes the use of the grant funds and the impact of the program in the Commission State.
(i) Continuation of program authority for northern border regional commission
With respect to the Northern Border Regional Commission, the program shall be a continuation of the program under section 6304(c) of the Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 115–334) (as in effect on the day before the date of enactment of this section).
(a) Purpose
To demonstrate the value of adequate health facilities and services to the economic development of the region, a Commission may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects to serve distressed areas (referred to in this section as a demonstration health project), including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section.
(b) Eligible entities
An entity eligible to receive a grant under this section is—
(1) an entity described in section 15501(a);
(2) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
(3) a hospital (as defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); or
(4) a critical access hospital (as defined in that section).
(1) In general
A Commission may make grants for planning expenses necessary for the development and operation of demonstration health projects for the region served by the Commission.
(2) Maximum commission contribution
The maximum Commission contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d).
(3) Sources of assistance
A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs.
(1) In general
A grant under this section for construction or equipment of a demonstration health project may be used for—
(A) costs of construction;
(B) the acquisition of privately owned facilities—
(i) not operated for profit; or
(ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and
(C) the acquisition of initial equipment.
(2) Standards for making grants
A grant under paragraph (1)—
(A) shall be approved in accordance with section 15503; and
(B) shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States.
(3) Maximum commission contribution
The maximum Commission contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d).
(4) Sources of assistance
A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs.
(5) Contribution to increased federal share for other federal grants
Notwithstanding any provision of law limiting the Federal share in another Federal grant program for the construction or equipment of a demonstration health project, amounts made available to carry out this subsection may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 90 percent of the cost of the facilities.
(1) In general
A grant under this section for the operation of a demonstration health project may be used for—
(A) the costs of operation of the facility; and
(B) initial operating costs, including the costs of attracting, training, and retaining qualified personnel.
(2) Standards for making grants
A grant for the operation of a demonstration health project shall not be made unless the facility funded by the grant is—
(A) publicly owned;
(B) owned by a public or private nonprofit organization;
(C) a private hospital described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or
(D) a private hospital that provides a certain amount of uncompensated care, as determined by the Commission, and applies for the grant in partnership with a State, local government, or Indian Tribe.
(3) Maximum commission contribution
The maximum Commission contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d).
(4) Sources of assistance
A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs for the operation of health-related facilities or the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 621 et seq., 1397 et seq.).
(f) Priority Health Programs
If a Commission elects to make grants under this section, the Commission shall establish specific regional health priorities for such grants that address—
(1) addiction treatment and access to resources helping individuals in recovery;
(2) workforce shortages in the healthcare industry; or
(3) access to services for screening and diagnosing chronic health issues.
(a) In general
.
(b) Repeal
Section 6304(c) of the Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 115–334) is repealed.
(c) Clerical amendment
The table of chapters for subtitle V of title 40, United States Code, is amended by inserting after the item relating to chapter 157 the following:
(c) Clerical amendment
.
(a) Establishment
Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:
(5) The Mid-Atlantic Regional Commission.
(a) Establishment
.
(1) In general
Subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following:
Section 15735. Mid-Atlantic Regional Commission.
The region of the Mid-Atlantic Regional Commission shall include the following counties:
(1) Delaware
Each county in the State of Delaware.
(2) Maryland
Each county in the State of Maryland that is not already served by the Appalachian Regional Commission.
(3) Pennsylvania
Each county in the Commonwealth of Pennsylvania that is not already served by the Appalachian Regional Commission.
(1) In general
.
(2) Clerical amendment
The analysis for subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following:
(2) Clerical amendment
.
(c) Application
Section 15702(c) of title 40, United States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
(3) Application
Paragraph (2) shall not apply to a county described in paragraph (2) or (3) of section 15735.
(2) .
(a) Establishment
Section 15301(a) of title 40, United States Code (as amended by section 2249(a)), is amended by adding at the end the following:
(6) The Southern New England Regional Commission.
(a) Establishment
.
(1) In general
Subchapter II of chapter 157 of title 40, United States Code (as amended by section 2249(b)(1)), is amended by adding at the end the following:
Section 15736. Southern New England Regional Commission
The region of the Southern New England Regional Commission shall include the following counties:
(1) Rhode Island
Each county in the State of Rhode Island.
(2) Connecticut
The counties of Hartford, Middlesex, New Haven, New London, Tolland, and Windham in the State of Connecticut.
(3) Massachusetts
Each county in the Commonwealth of Massachusetts.
(1) In general
.
(2) Clerical amendment
The analysis for subchapter II of chapter 157 of title 40, United States Code (as amended by section 2249(b)(2)), is amended by adding at the end the following:
(2) Clerical amendment
.
(c) Application
Section 15702(c)(3) of title 40, United States Code (as amended by section 2249(c)), is amended—
(1) by striking the period at the end and inserting; or;
(2) by striking to a county and inserting the following: “to—
(A) a county
(2) ; and
(3) by adding at the end the following:
(B) the Southern New England Regional Commission.
(3) .
(b) Powers of the commission
Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is amended—
(1) in subsection (d), in the first sentence, by inserting enter into leases (including the lease of office space for any term), after award grants,; and
(2) by adding at the end the following:
(e) Use of funds toward non-Federal share of certain projects
Notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, the Commission may use amounts made available to the Commission for the payment of such a non-Federal share for programs undertaken to carry out the purposes of the Commission.
(2) .
(c) Special functions of the commission
Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105–277) is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively; and
(3) in subsection (c) (as so redesignated), by inserting, including interagency transfers, after payments.
(d) Conforming amendment
Section 309(c)(1) of the Denali Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105–277) is amended by inserting of Transportation after Secretary.
(a) Definitions
In this section:
(1) Eligible entity
The term eligible entity means—
(A) a nonprofit organization;
(B) a limited dividend organization;
(C) a cooperative organization;
(D) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(E) a public entity, such as a municipality, county, district, authority, or other political subdivision of a State.
(2) Federal cochair
The term Federal Cochair means the Federal Cochairperson of the Denali Commission.
(3) Fund
The term Fund means the Denali Housing Fund established under subsection (b)(1).
(4) Low-income
The term low-income, with respect to a household means that the household income is less than 150 percent of the Federal poverty level for the State of Alaska.
(5) Moderate-income
The term moderate-income, with respect to a household, means that the household income is less than 250 percent of the Federal poverty level for the State of Alaska.
(6) Secretary
The term Secretary means the Secretary of Agriculture.
(1) Establishment
There shall be established in the Treasury of the United States the Denali Housing Fund, to be administered by the Federal Cochair.
(A) In general
Amounts allocated to the Federal Cochair for the purpose of carrying out this section shall be deposited in the Fund.
(B) Uses
The Federal Cochair shall use the Fund as a revolving fund to carry out the purposes of this section.
(C) Investment
The Federal Cochair may invest amounts in the Fund that are not necessary for operational expenses in bonds or other obligations, the principal and interest of which are guaranteed by the Federal Government.
(D) General expenses
The Federal Cochair may charge the general expenses of carrying out this section to the Fund.
(c) Purposes
The purposes of this section are—
(1) to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low-income households and moderate-income households; and
(2) to provide housing for public employees.
(1) In general
The Federal Cochair may provide grants and loans from the Fund to eligible entities under such terms and conditions the Federal Cochair may prescribe.
(2) Purpose
The purpose of a grant or loan under paragraph (1) shall be for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low-income and moderate-income households in rural Alaska villages.
(e) Providing amounts to States for grants and loans
The Federal Cochair may provide amounts to the State of Alaska, or political subdivisions thereof, for making the grants and loans described in subsection (d).
(1) Limitation on available amounts
A loan under subsection (d) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be for not more than 90 percent of that cost.
(2) Interest
A loan under subsection (d) shall be made without interest, except that a loan made to an eligible entity established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for that type of project.
(A) In general
The Federal Cochair shall require payment of a loan made under this section under terms and conditions the Secretary may require by not later than the date of completion of the project.
(B) Cancellation
For a loan other than a loan to an eligible entity established for profit, the Secretary may cancel any part of the debt with respect to a loan made under subsection (d) if the Secretary determines that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under subsection (d).
(1) In general
A grant under this section for expenses incidental to planning and obtaining financing for a project described in this section that the Federal Cochair considers unrecoverable from the proceeds of a permanent loan made to finance the project—
(A) may not be made to an eligible entity established for profit; and
(B) may not exceed 90 percent of those expenses.
(A) In general
The Federal Cochair may make grants and commitments for grants under terms and conditions the Federal Cochair may require to eligible entities for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, if the grant or commitment—
(i) is essential to ensuring that housing is constructed on the site in the future; and
(ii) otherwise meets the requirements for assistance under this section.
(B) Maximum amounts
The amount of a grant under this paragraph may not—
(i) with respect to the construction of housing, exceed 40 percent of the cost of the construction; and
(ii) with respect to the rehabilitation of housing, exceed 10 percent of the reasonable value of the rehabilitation, as determined by the Federal Cochair.
(h) Information, advice, and technical assistance
The Federal Cochair may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low-income or moderate-income households, or for public employees, in rural Alaska villages under this section.
(a) Purposes
Section 2 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) in paragraph (9), by striking and at the end;
(2) in paragraph (10), by striking the period at the end and inserting; and; and
(3) by adding at the end the following:
(11) implementing innovative methods for the sale, redevelopment, consolidation, or lease of Federal buildings and facilities, including the use of no cost, nonappropriated contracts for expert real estate services to obtain the highest and best value for the taxpayer.
(3) .
(b) Definitions
Section 3(5)(B)(viii) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by inserting, other than office buildings and warehouses, after Properties.
(c) Board
Section 4(c)(3) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) by striking The term and inserting the following:
(A) In general
Subject to subparagraph (B), the term
(1) ; and
(2) by adding at the end the following:
(B) Limitation
Notwithstanding subparagraph (A), the term of a member of the Board shall continue beyond 6 years until such time as the President appoints a replacement member of the Board.
(2) .
(d) Board meetings
Section 5(b) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking Five Board members and inserting 4 Board members.
(e) Executive Director
Section 7 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:
(c) Return to civil service
An Executive Director selected from the civil service (as defined in section 2101 of title 5, United States Code) shall be entitled to return to the civil service (as so defined) after service to the Board ends if the service of the Executive Director to the Board ends for reasons other than misconduct, neglect of duty, or malfeasance.
(e) Executive Director
.
(f) Staff
Section 8 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) in subsection (b)—
(A) by striking and the Director of OMB; and
(B) by inserting for a period of not less than 1 year before to assist the Board;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
(c) Hiring of term employees
The Executive Director, with approval of the Board, may use the Office of Personnel Management to hire employees for terms not to exceed 2 years pursuant to the Office of Personnel Management guidance for nonstatus appointments in the competitive service.
(3) .
(g) Termination
Section 10 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking 6 years after the date on which the Board members are appointed pursuant to section 4 and inserting on December 31, 2026.
(h) Development of recommendations to Board
Section 11 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking the Administrator and the Director of OMB and inserting the Administrator, the Director of OMB, and the Board;
(B) in paragraph (1)—
(i) by striking and square and inserting number of Federal employees physically reporting to the respective property each work day, square; and
(ii) by inserting, amount of acreage associated with the respective property, and whether the respective property is on a campus or larger facility before the period at the end; and
(C) by adding at the end the following:
(3) Consolidation plans
Any Federal agency plans to consolidate, reconfigure, or otherwise reduce the use of owned and leased Federal civilian real property of the Federal agency.
(C) ;
(2) in subsection (b)(3)(J), by inserting, including access by members of federally recognized Indian Tribes, after public access; and
(3) by adding at the end the following:
(1) In general
Except as provided in paragraph (2), the Board may not publicly disclose any information received under paragraph (2) or (3) of subsection (a) until the Board, the Administrator, and the Director of OMB enter into an agreement describing what information is ready to be publicly disclosed.
(2) Application
Paragraph (1) shall not apply to any disclosure of information to the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives.
(3) .
(i) Board duties
Section 12 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) in subsection (b)(2), by striking the second sentence and inserting the following: In the case of a failure by a Federal agency to comply with a request of the Board, the Board shall notify the committees listed in section 5(c), the relevant congressional committees of jurisdiction for the Federal agency, and the inspector general of the Federal agency of that failure.;
(2) in subsection (d)—
(A) in paragraph (1), by inserting, Tribal, after State; and
(B) in paragraph (2), by inserting, Tribal, after State;
(3) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;
(4) by inserting after subsection (c) the following:
(d) Preparation of properties for disposal
At the request of, and in coordination with, the Board, a Federal agency may undertake any analyses and due diligence as necessary, to supplement the independent analysis of the Board under subsection (c), to prepare a property for disposition so that the property may be included in the recommendations of the Board under subsection (h), including completion of the requirements of section 306108 of title 54, United States Code, for historic preservation and identification of the likely highest and best use of the property subsequent to disposition.
(4) ;
(5) in subsection (h) (as so redesignated)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking and at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C); and
(iii) by inserting after subparagraph (A) the following:
(B) the process to be followed by Federal agencies to carry out the actions described in subparagraph (A), including the use of no cost, nonappropriated contracts for expert real estate services and other innovative methods, to obtain the highest and best value for the taxpayer; and
(iii) ; and
(B) in paragraph (2), by adding at the end the following:
(C) Third round
During the period beginning on the day after the transmittal of the second report and ending on the day before the date on which the Board terminates under section 10, the Board shall transmit to the Director of OMB a third report required under paragraph (1).
(B) ; and
(C) by adding at the end the following:
(4) Community notification
45 days before the date on which the Board transmits the third report required under paragraph (1), the Board shall notify—
(A) any State or local government of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property located in the State or locality, as applicable; and
(B) any federally recognized Indian Tribe of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property that—
(i) is in close geographic proximity to a property described in section 3(5)(B)(v); or
(ii) relates to a Federal civilian real property that is known to be accessed at regular frequency by members of the federally recognized Indian Tribe for other reasons.
(C) ; and
(6) by adding at the end the following:
(k) Report to Congress
The Board shall periodically 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 containing any recommendations on consolidations, exchanges, sales, lease reductions, and redevelopments that are not included in the transmissions submitted under subsection (h), or approved by the Director of OMB under section 13, but that the majority of the Board concludes meets the goals of this Act.
(6) .
(j) Review by OMB
Section 13 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—
(1) in subsection (a), by striking subsections (b) and (g) and inserting subsections (b) and (h); and
(2) in subsection (c)(4)—
(A) by inserting, in whole or in part, before received under paragraph (3); and
(B) by striking revised the second place it appears.
(k) Agency retention of records
Section 20 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking subsection (b) and inserting the following:
(b) Effective date
The provisions of this section, including the amendments made by this section, shall take effect on the date on which the Board transmits the second report under section 12(h)(2)(B) and shall apply to proceeds from—
(1) transactions contained in that report; and
(2) any transactions conducted after the date on which the Board terminates under section 10.
(k) Agency retention of records
.
(l) Federal real property database
Section 21(b) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:
(A) Whether the Federal real property is on a campus or similar facility; and
(B) if applicable, identification of the campus or facility and related details, including total acreage of the campus or facility.
(l) Federal real property database
.
(1) In general
The Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:
(a) In general
The Federal Real Property Council established by subsection (a) of section 623 of title 40, United States Code, shall ensure that the Board has access to any meetings of the Federal Real Property Council and any reports required under that section, subject to the condition that the Board enters into a memorandum of understanding relating to public disclosure with the Administrator and the Federal Real Property Council before the Board has access to those meetings and reports.
(b) Notification
The Board shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Administrator and the Federal Real Property Council described in subsection (a) have not entered into a memorandum of understanding pursuant to that subsection by the date that is 60 days after the date of enactment of this section, and every 60 days thereafter until the memorandum of understanding is entered into.
(1) In general
.
(2) Clerical amendment
The table of contents in section 1(b) of the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287; 130 Stat. 1463) is amended by inserting after the item relating to section 25 the following:
(2) Clerical amendment
.
(1) Section 3(9) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking section 12(e) and inserting section 12(f).
(2) Section 14(g)(1)(A) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking section 12(g) and inserting section 12(h).
(1) Section 16(b)(1) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended, in the second sentence, by striking of General Services.
(2) Section 21(a) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking of General Services.
(3) Section 24 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended, in each of subsections (a), (b), and (c), by striking of General Services.
(4) Section 25(b) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking of General Services.
(a) Definitions
In this section:
(1) Actual utilization rate
The term actual utilization rate means the total usable square footage of a public building or federally-leased space divided by the occupancy.
(2) Administrator
The term Administrator means the Administrator of General Services.
(3) Building utilization
The term building utilization means the percentage of utilization generated by comparing the actual utilization rate with the capacity based on a utilization benchmark of 150 useable square feet per person.
(4) Capacity
The term capacity means the total usable square footage of a public building or federally-leased space divided by a utilization benchmark.
(5) Director
The term Director means the Director of the Office of Management and Budget.
(6) Federal agency
The term Federal agency means an executive department covered by the Chief Financial Officers Act of 1990 (Public Law 101–576; 104 Stat. 2838).
(7) Occupancy
The term occupancy means the average number of employees actually performing duties in person in a public building or federally-leased space at least 40 hours per week over a 2-month period.
(8) Public building
The term public building has the meaning given the term in section 3301(a) of title 40, United States Code.
(1) In general
Not later than 60 days after the date of enactment of this Act, the Administrator, in coordination with the Director, shall establish standard methodologies and identify technologies available for measuring occupancy in public buildings and federally-leased space.
(2) Measurement of utilization
Not later than 180 days after the date of enactment of this Act, the heads of Federal agencies shall work with the Administrator to identify, deploy, and use Personal Identity Verification badge swipe data isolating only the first credential use of the day for each cardholder and other technologies that the Administrator determines to be appropriate, such as sensors, in public buildings and federally-leased space where the Federal agency occupies space to measure the occupancy of public buildings and federally-leased space.
(3) Protection of personally identifiable information
In carrying out paragraph (2), the Administrator shall ensure any sensors used for the purposes of determining occupancy are designed to protect of all personally identifiable information.
(1) In general
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the heads of Federal agencies shall submit to the Director, the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on—
(A) the occupancy and the actual utilization rates of space in public buildings and federally-leased space occupied by the respective agency of the Federal agency head broken down by building and lease;
(B) the methodology used for determining occupancy, including the period of time and other parameters used to determine occupancy on a regular basis;
(C) the utilization percentage of each public building and federally-leased space by the respective agency of the Federal agency head, comparing the capacity to the actual utilization rate based on a utilization benchmark of 150 usable square feet per person; and
(D) any costs associated with capacity that exceeds occupancy with respect to the respective agency of the Federal agency head.
(A) In general
Except as provided in subparagraph (B), the heads of Federal agencies shall make each report required under paragraph (1) available on a publicly accessible website of the General Services Administration.
(B) Exception
The publishing requirements of subparagraph (A) shall not apply if the head of the respective Federal agency makes a determination that making the report required under paragraph (1) available on a publicly accessible website would be detrimental to national security.
(1) Target utilization metrics
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director, in consultation with the Administrator, shall ensure building utilization in each public building and federally-leased space is not less than 60 percent on average over each 1-year period.
(2) Actions
In the event that building utilization is below 60 percent on average over a 1-year period described in paragraph (1) for any particular public building or federally-leased space, the Administrator shall—
(A) provide notice to the tenant agency informing the agency of the excess in capacity along with associated costs of such excess; and
(B) notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate of the excess capacity and associated costs.
(3) Subsequent failure
If the tenant agency fails to meet the 60 percent target under paragraph (1) in the reporting period subsequent to the reporting period under paragraph (2), the Administrator shall, in consultation with the Director, take steps to reduce the space of the tenant agency, including consolidating the tenant agency with another agency, selling or disposing of excess capacity space, and adjusting space requirements, as appropriate, for any replacement space.
(4) Prioritization
The Administrator, in coordination with the Director, shall prioritize to the maximum extent practicable capital investments in public buildings where Federal agencies meet or exceed building utilization metrics, except that prioritization may be given to projects that will result in building utilization of 60 percent or more.
(A) In general
The Director may provide exceptions to building utilization metrics based on the amount of non-standard office space a Federal agency demonstrates is required to meet the mission of the agency, including warehouse space, laboratories critical to the mission of the agency, and public customer-facing spaces driven by agency missions.
(B) Reporting
The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on any exceptions granted under subparagraph (A), including the justification for the exception.
(1) Headquarters consolidations
Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Administrator, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Comptroller General of the United States a plan to consolidate department and agency headquarters buildings in the National Capital Region that will result in building utilizations of 60 percent or greater.
(2) Contents
The plan submitted under paragraph (1) shall include details on the following:
(A) Which departments and agencies will collocate and consolidate and into which buildings and associated details before and after plan implementation related to building utilization, building capacities, and actual utilization.
(B) Details on the strategies for the sale or disposal of buildings that will no longer be needed for Federal use.
(C) A detailed breakdown of any costs associated with the proposed consolidations and collocations.
(D) An estimate of future savings as a result of space reductions and consolidations, including costs associated with energy savings and building operations.
(3) Implementation
Not later than 1 year after the submission of the plan under paragraph (1), the Administrator and Director shall begin implementing the plan.
(1) Definitions
In this subsection:
(i) In general
The term Federal tenant means a Federal agency that has an occupancy agreement with the Administrator to occupy a commercial lease for office space secured by the Administrator on behalf of the Federal Government.
(ii) Exclusion
The term Federal tenant does not include an element of the intelligence community.
(B) Intelligence community
The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Reporting of space utilization and occupancy data for office space
An occupancy agreement between the Administrator and a Federal tenant for office space shall—
(A) include language that requires the Federal tenant to submit to the Administrator an annual report for the duration of the agreement containing data on—
(i) monthly total occupancy of such office space;
(ii) the actual utilization of such office space;
(iii) monthly space utilization rates; and
(iv) any other office space utilization data considered important by the Administrator; and
(B) include language that requires the Federal tenant to have written procedures in place governing the return of office space to the Administrator if the occupancy of the Federal tenant falls below a 60 percent space utilization rate for 6 months within any 1-year period, beginning on the date on which the agreement takes effect.
(3) Requirements for federal agencies with independent leasing authorities
The head of any agency with independent leasing authorities with leases for office space shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and each congressional committee of jurisdiction of the applicable independent leasing authority an annual report for the duration of the agreement containing data on—
(A) monthly total occupancy of the office space;
(B) the actual utilization of the office space;
(C) monthly space utilization rates; and
(D) any other office space utilization data considered important for collection by Congress.
(4) Exceptions to reporting and occupancy agreement requirements
This subsection shall not apply to properties used by an element of the intelligence community.
(5) Applicability
The requirements of this subsection shall apply to any occupancy or novation agreement entered into on or after the date that is 180 days after the date of enactment of this Act.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the cost to each Federal agency of measuring the occupancy and actual utilization rates of space in public buildings and federally-leased space to prepare the reports required under subsection (d).
(2) Requirements
The Comptroller General of the United States shall include in the report required under paragraph (1) the cost of deploying sensors and technologies pursuant to subsection (c) but shall exclude any such technologies that were in place before the date of enactment of this Act.
(1) Reporting requirement
Not later than 90 days after the submission of each report under subsection (d), the head of each Federal agency shall submit to the inspector general of each respective agency a report detailing any public building or federally-leased space with a capacity of 500 or more employees under the jurisdiction of the agency that has a utilization rate below 20 percent during the reporting period that is not a vacant office building.
(2) Inspector general investigation
On receipt of a report under paragraph (1), the inspector general of the relevant Federal agency shall conduct an investigation to determine whether there is any evidence of fraud, waste, abuse, or mismanagement with respect to the use of the public building or federally-leased space identified in the report.
(a) Report on impact of crime on public building usage
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining—
(1) the effects of increased crime rates and safety concerns, including the use of fentanyl and other illicit drugs and substances, in areas surrounding Federal buildings on building usage for in-person work at Federal buildings;
(2) how usage of different commuting modes of transportation to Federal buildings are affected by increased crime rates;
(3) the effects of low office utilization rates on safety around Federal buildings;
(4) any agency exceptions given to the policy set forth in the memorandum of the Office of Management and Budget entitled Measuring, Monitoring, and Improving Organizational Health and Organizational Performance in the Context of Evolving Agency Work Environments and issued on April 13, 2023, due to unsafe commuting conditions; and
(5) any costs associated with safety issues impacting Federal building.
(b) Report on costs of crime around public buildings
Not later than 1 year after the date of enactment of this Act, the inspector general of the General Services Administration, in coordination with inspectors general of other relevant Federal agencies, 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 impacts on and costs associated with building operations related to crime and public safety in and around Federal buildings.
(a) Eliminating project escalations
Section 3307(c) of title 40, United States Code, is amended by adding at the end the following: The Administrator shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of any increase of more than 5 percent of an estimated maximum cost or of any increase or decrease in the scope or size of a project of 5 or more percent. Such notification shall include an explanation regarding any such increase or decrease. The scope or size of a project shall not increase or decrease by more than 10 percent unless an amended prospectus is submitted and approved pursuant to this section.
(1) Data collection
The Administrator of General Services shall collect data from tenant Federal agencies reports of any safety incidents as a result of criminal or other activity impacting public safety in and around public buildings, as defined in section 3301 of title 40, United States Code.
(2) Report
Not later than 180 days after the date of enactment of this Act, the Administrator 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) contains the data collected under paragraph (1); and
(B) describes any actions taken or planned, if necessary, to improve building management and operations to address such incidents.
(c) Reducing waste in new projects
Section 3307(b) of title 40, United States Code, is amended—
(1) in the matter preceding paragraph (1), by inserting (referred to in this section as the Administrator) after Administrator of General Services;
(2) in paragraph (7), by striking and at the end;
(3) in paragraph (8), by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
(9) information on any space occupied by the relevant agency in the geographical area of the proposed facility, including uses, utilization rates, any proposed consolidations, and, if not proposed to be consolidated, a justification for such determination;
(10) a statement by the Administrator of whether the public building needs of the Government for the proposed space to be leased were formerly met by a federally owned building, including any building identified for disposal or sale; and
(11) details on actual utilization rates, including number of personnel assigned to the facility, number of personnel expected to work in-person at the facility and whether all personnel identified reflect filled and authorized positions.
(4) .
(1) Review
The Comptroller General of the United States shall review the use of special use spaces in Federal buildings, including conference centers, fitness centers, and similar spaces to determine levels of utilization, opportunities for sharing, collocating, and other efficiencies.
(2) Report
Not later than 1 year after the date of enactment of this Act, 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 containing the review under paragraph (1).
(1) In general
Chapter 33 of title 40, United States Code, is amended by adding at the end the following:
Section 3319. Interagency space coordination
Unless a Federal agency specifically restricts the sharing of the information described in this section for national security purposes, the Administrator of General Services shall share with tenant Federal agencies pursuing new or replacement office space information on any other Federal agencies located in the same geographical area for purposes of determining opportunities for consolidations, collocations, or other space sharing to reduce the costs of space and maximize space utilization.
(1) In general
.
(2) Clerical amendment
The analysis for chapter 33 of title 40, United States Code, is amended by adding at the end the following:
(2) Clerical amendment
.
(f) Notification of milestones
Section 3307 of title 40, United States Code, is amended by adding at the end the following:
(i) Notification required
For each project approved under this section, the Administrator shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of any project milestones that are accomplished, including—
(1) the solicitation and award of design and construction services;
(2) the completion of any actions required for the project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(3) any ceremonies for the beginning or completion of the project;
(4) a naming ceremony for the project; and
(5) the completion of the project.
(f) Notification of milestones
.
Section 2305. Public Buildings Accountability Act
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the Public Buildings Service and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of that review, including—
(1) a review of the administration and management of all Public Buildings Service real estate programs and activities, including—
(A) a review and accounting of the number of employees and contract workers, including functions and the sources of funding (for example building operations, reimbursable work, project-specific funding) categorized by region and organizational, management, and oversight structure within the Public Building Service, including identification of components, programs, and reporting structures;
(B) an accounting of in-person attendance by employee category and function;
(C) an analysis, trends, and comparisons of staffing numbers and associated costs and other administrative costs over the 10 years preceding the review; and
(D) an analysis of the effectiveness of organizational structure, management, and oversight in carrying out the mission of the Public Buildings Service; and
(2) a review of the building operations account of the Federal Buildings Fund established by section 592(a) of title 40, United States Code, including activities and costs associated with conferences, training, and travel and transportation.
(a) Sale
Not later than December 31, 2025, the Administrator of General Services (referred to in this section as the Administrator) shall sell the property described in subsection (b) at fair market value and for the highest and best use.
(b) Property described
The property referred to in subsection (a) is the property generally consisting of Lot 822 of Square 375 at 940 H Street Northwest in Washington, District of Columbia, including the building known as the Webster School, subject to a survey, as determined appropriate by the Administrator.
(1) In general
Any net proceeds received from the sale under this section shall be deposited into an account in the Federal Buildings Fund established by section 592(a) of title 40, United States Code (referred to in this subsection as the Fund).
(2) Future appropriation
On deposit of net proceeds into the Fund under paragraph (1), those net proceeds may only be expended pursuant to a specific future appropriation.
(a) In general
Not later than 2 years after the date of enactment of this Act, the Administrator of General Services, on behalf of the Director of the Bureau of Prisons of the Department of Justice, shall sell, by quitclaim deed, the property described in subsection (b) at fair market value and at highest and best use.
(b) Property described
The property to be sold under this section is all property, including all buildings and improvements thereon, located in the State of Missouri in connection with the United States Penitentiary, Leavenworth, Kansas, and administered by the United States Bureau of Prisons.
(c) Survey required
As soon as practicable after the date of enactment of this Act, the exact legal description, including buildings, improvements, and acreage of the property to be sold under this section shall be determined by a survey that is satisfactory to the Administrator.
(d) Deferred maintenance
Any deferred maintenance required pursuant to the agreement between the United States and the Farley-Beverly Drainage District and entered into on April 18, 1967, shall be addressed before sale of the property under this section.
(e) Costs
Any costs incurred for the completion of the survey or other activities undertaken to prepare the property for sale under this section, including costs related to the deferred maintenance requirements described in subsection (d), shall be reimbursed from the gross proceeds of the sale.
(1) In general
Any net proceeds received from the sale of the property under this section shall be deposited into an account in the Federal Buildings Fund established by section 592(a) of title 40, United States Code.
(2) Future appropriation
On deposit of net proceeds into the Fund under paragraph (1), the net proceeds may be expended only subject to a specific future appropriation.
(1) Definitions
In this subsection, the terms beneficial owner, foreign entity, and foreign person have the meanings given those terms in section 2 of the Secure Federal LEASEs Act (40 U.S.C. 585 note; Public Law 116–276).
(2) Prohibition
The property described in subsection (b) may not be sold to any foreign person or foreign entity, including if the foreign person or foreign entity is a beneficial owner of the foreign person or foreign entity.
Section 2308. Think Differently About Building Accessibility Act
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the compliance under the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) of all office buildings under the jurisdiction, custody, or control of the General Services Administration.
(a) In general
Not later than 6 months after the date of enactment of this Act, the Administrator of General Services (referred to in this section as the Administrator) shall revise the process by which the Administrator updates or changes the P100 facilities standards guidance document for federally owned buildings under the custody and control of the General Services Administration.
(b) Process
The Administrator shall ensure that the process revised under subsection (a) requires—
(1) a public comment period for any updates or changes to the documents described in such subsection;
(2) publication of those updates or changes in the Federal Register and on the website of the General Services Administration; and
(3) a summary of any comments received during the public comment period.
(c) Report
The Administrator 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 revisions to the process required under subsection (a).
(a) In general
Not later than 60 days after the date of enactment of this Act, the Administrator of General Services shall offer to convey to the City of Huntsville, Alabama, all right, title, and interest of the United States in and to the property described in subsection (b).
(b) Property description
The property referred to in subsection (a) is the parcel of land and building located at 101 E. Holmes Avenue, Huntsville, Alabama, which is known as the Huntsville Courthouse and Post Office.
(c) Consideration
In exchange for the conveyance of the Huntsville Courthouse and Post Office to the City of Huntsville, Alabama under this title, the Administrator of General Services shall require the City of Huntsville, Alabama, to pay to the Administrator of General Services, subject to subsection (d), consideration in an amount equal to the fair market value of the Huntsville Courthouse and Post Office, as determined based on an appraisal that is acceptable to the Administrator of General Services.
(d) Credits
In lieu of all or a portion of the amount of consideration for the Huntsville Courthouse and Post Office, the Administrator of General Services shall accept as consideration for the conveyance of such Huntsville Courthouse and Post Office any credits related to the appraised value of the 4.76-acre parcel of land located at 660 Gallatin Street, Huntsville, Alabama.
(e) Costs
As a condition of the conveyance under this section, the City shall pay all costs associated with the conveyance.
(a) Sale
Not later than 2 years after the vacancy of existing Federal agencies, the Administrator of General Services shall sell for fair market value at highest and best use, the Wilbur J. Cohen Federal building located at 330 Independence Avenue SW in Washington, D.C.
(1) In general
Any net proceeds received from the sale of the property under this section shall be deposited into an account in the Federal Buildings Fund established by section 592(a) of title 40, United States Code.
(2) Future appropriation
On deposit of net proceeds into the Fund under paragraph (1), such net proceeds may be expended only subject to a specific future appropriation.
(1) Definitions
In this subsection, the terms beneficial owner, foreign entity, and foreign person have the meanings given those terms in section 2 of the Secure Federal LEASEs Act (40 U.S.C. 585 note; Public Law 116–276).
(2) Prohibition
The property described in subsection (a) may not be sold to any foreign person or foreign entity, including if the foreign person or foreign entity is a beneficial owner of the foreign person or foreign entity.
(a) Designation
The United States courthouse annex located at 310 South Main Street in London, Kentucky, shall be known and designated as the Eugene E. Siler, Jr. United States Courthouse Annex.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse annex referred to in subsection (a) shall be deemed to be a reference to the Eugene E. Siler, Jr. United States Courthouse Annex.
(a) Designation
The Federal building located at 50 United Nations Plaza in San Francisco, California, shall be known and designated as the Senator Dianne Feinstein Federal Building.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Senator Dianne Feinstein Federal Building.
(a) Findings
Congress finds that—
(1) Reuben E. Lawson dedicated his life and career to promoting the ideals of equality and inclusion as a lawyer for the Roanoke chapter of the National Association for the Advancement of Colored People (commonly known as the NAACP) who actively worked to end segregation in Southwest Virginia;
(2) arguing a number of significant cases in the Western District of Virginia, Reuben E. Lawson fought to ensure the enforcement of Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), so that schools in the Roanoke region would be fully integrated; and
(3) Southwest Virginians are indebted to Reuben E. Lawson for his important work in ending segregation, and it is fitting that he be remembered in the current home of the court in which he valiantly fought.
(b) Redesignation
The Richard H. Poff Federal Building located at 210 Franklin Road Southwest in Roanoke, Virginia, shall be known and designated as the Reuben E. Lawson Federal Building.
(c) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Richard H. Poff Federal Building shall be deemed to be a reference to the Reuben E. Lawson Federal Building.
(a) Designation
The United States courthouse located at 500 West Pike Street in Clarksburg, West Virginia, shall be known and designated as the Irene M. Keeley United States Courthouse.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the Irene M. Keeley United States Courthouse.
(a) Designation
The Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.
(a) Findings
Congress finds that—
(1) Judge Harold L. Murphy was born in Felton, Georgia, in 1927;
(2) Judge Murphy attended West Georgia College before serving in the United States Navy during the closing years of World War II;
(3) Judge Murphy resumed his studies at the University of Mississippi and the University of Georgia School of Law, where he graduated in 1949;
(4) Judge Murphy began a law practice in Haralson County, Georgia, and in 1950 was elected to the Georgia House of Representatives as the youngest Member at the time;
(5) Judge Murphy served five consecutive terms before stepping down in 1961 to focus on practicing law;
(6) in 1971, Judge Murphy was appointed by Governor Jimmy Carter to the Superior Court for the Tallapoosa Judicial Circuit, and following his election in 1976, President Carter nominated Judge Murphy to the United States District Court for the Northern District of Georgia;
(7) Judge Murphy was confirmed by the United States Senate on July 28, 1977;
(8) for 45 years, Judge Murphy served his country on the Federal bench and became an acclaimed jurist and legal icon with a stellar reputation that extended far beyond Georgia;
(9) Judge Murphy always displayed a quick wit and a keen sense of humor, was kind and empathetic, and treated all those who appeared before him with courtesy and respect;
(10) Judge Murphy worked tirelessly and carried a full docket until the age of 90, when he took senior judge status in the Northern District of Georgia;
(11) Judge Murphy continued to preside over cases until his death on December 28, 2022;
(12) Judge Murphy received many professional awards and recognitions, including from the State Bar of Georgia and the University of Georgia School of Law;
(13) in 2014, Alabama State University renamed its graduate school after Judge Murphy in recognition of his landmark ruling in Knight v. Alabama, a long-running case that the Eleventh Circuit Court of Appeals asked him to handle involving the vestiges of racial segregation then present in the Alabama University System; and
(14) above all else, Judge Murphy was a loving and devoted husband and father—and a strong role model.
(b) Designation
The Federal building and United States courthouse located at 600 East First Street in Rome, Georgia, shall be known and designated as the Harold L. Murphy Federal Building and United States Courthouse.
(c) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in subsection (b) shall be deemed to be a reference to the Harold L. Murphy Federal Building and United States Courthouse.
(a) Designation
The United States courthouse located at 350 W. 1st Street, Los Angeles, California, shall be known and designated as the Felicitas and Gonzalo Mendez United States Courthouse.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the Felicitas and Gonzalo Mendez United States Courthouse.
(a) Designation
The Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, shall be known and designated as the Helen Edwards Engineering Research Center.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Helen Edwards Engineering Research Center.