(a) Short title
This Act may be cited as the Water Resources Development Act of 2026.
(b) Table of contents
The table of contents for this Act is as follows:
Section 2. Secretary defined
In this Act, the term Secretary means the Secretary of the Army.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office of Water Supply, Water Conservation, and Drought Resiliency.
(2) Administration
In establishing the office under this subsection, the Secretary shall—
(A) designate a Water Supply, Water Conservation, and Drought Resiliency Program Manager, who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations;
(B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and
(C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks related to the water supply mission of the Corps of Engineers:
(i) Identify and evaluate opportunities using authorities of the Corps of Engineers to promote water supply, water conservation, and drought resiliency at water resource development projects.
(ii) Provide to the Corps of Engineers, States, and non-Federal interests information on existing policies and guidance documents of the Corps of Engineers related to, and make recommendations on new policies and guidance documents to improve, water supply, water conservation, and drought resiliency, including—
(I) implementation of subtitle B of title I of the Water Resources Development Act of 2024;
(II) the method for the accounting of storage use under water supply storage agreements at Corps of Engineers reservoirs;
(III) the reallocation of storage space at Corps of Engineers reservoirs to water supply;
(IV) the interpretation and implementation of the Water Supply Act of 1958 (43 U.S.C. 390b); and
(V) the interpretation and implementation of section 6 of the Act of December 22, 1944 (33 U.S.C. 708).
(iii) Assist and provide guidance to States and non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers related to water supply, water conservation, and drought resiliency efforts related to water resources development projects.
(iv) Coordinate the review and completion of water supply reallocation studies and reports to clear backlogs and ensure new studies and reports are completed in a timely manner.
(v) Act as a liaison between the Corps of Engineers and non-Federal interests for studies, projects, and agreements for water supply, water conservation, and drought resiliency efforts related to water resources development projects, including efforts to—
(I) reallocate storage space in projects to store water for municipal and industrial water supply purposes pursuant to the Water Supply Act of 1958 (43 U.S.C. 390b);
(II) enter into surplus water contracts pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708); and
(III) modify the operation of projects under other authorities to produce water supply benefits incidental to and consistent with authorized purposes, including by—
(aa) adjusting the timing of releases for other authorized purposes to create opportunities for water supply conservation, use, and storage;
(bb) capturing stormwater;
(cc) releasing water from storage to replenish aquifer storage and recovery;
(dd) releasing water from storage to augment storage at another Federal or non-Federal storage facility; and
(ee) other conservation measures that enhance the use of a Corps of Engineers project for water supply.
(vi) Conduct outreach and workshops for potential non-Federal interests to provide information on the authorities described in clause (i).
(vii) Evaluate budget requests to ensure sufficient resources are requested and allocated by the Directorate to fulfill the tasks described in this subparagraph.
(viii) Cooperate with State, regional, and local government and planning authorities to identify strategies to augment water supplies, enhance drought resiliency, promote contingency planning, and assist in the planning and development of alternative water sources.
(ix) Other tasks in furtherance of the water supply mission as determined by the Secretary.
(3) Report required
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 that describes—
(A) the progress of the Secretary in establishing the Office of Water Supply, Water Conservation, and Drought Resiliency, including a description of the status of implementing paragraph (2)(C);
(B) the number of staff assigned to such Office; and
(C) for each water supply study or project being conducted or implemented by the Corps of Engineers as of the date on which such report is submitted—
(i) the status of each such study or project;
(ii) the date upon which each such study or project commenced;
(iii) the estimated date of completion of each such study or project; and
(iv) any significant impediments or obstacles that may reasonably affect the timeline to complete each such study or project.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Technical Assistance and Community Outreach.
(2) Administration
In establishing the office under this subsection, the Secretary shall—
(A) designate a Technical Assistance and Community Outreach Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations;
(B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and
(C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks:
(i) Assist and provide guidance to non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under—
(I) a continuing authority program (as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d));
(II) section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), including the Silver Jackets program established pursuant to such section;
(III) section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16);
(IV) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269);
(V) section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note);
(VI) section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note);
(VII) section 165 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note);
(VIII) the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.);
(IX) sections 1148 and 1305 of the Water Resources Development Act of 2024 (138 Stat. 3039; 33 U.S.C. 2201 note);
(X) section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213m); and
(XI) section 1148 of the Water Resources Development Act of 2024.
(ii) Coordinate the implementation of public awareness, education, outreach, and engagement requirements under section 8117 of the Water Resources Development Act of 2022 (33 U.S.C. 2281b).
(iii) Identify programs, services, and other assistance made available by other Federal and State agencies relating to water resources development projects for purposes of advising potential non-Federal interests on the best available applicable assistance.
(3) Prioritization
In carrying out paragraph (2)(C), to the maximum extent practicable, the Technical Assistance and Community Outreach Manager shall prioritize providing technical assistance and guidance to a non-Federal interest seeking to carry out a water resources development project that will benefit a rural community, a Tribal community, or a community described in the guidance issued by the Secretary pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
(A) Development
In carrying out this subsection, the Secretary shall develop an online, interactive portal that—
(i) contains information relating to the programs described in paragraph (2)(C)(i); and
(ii) can be used by a potential non-Federal interest as a succinct guide to accessing such programs for an applicable potential water resources development project.
(B) Availability
The Secretary shall ensure that the portal developed under subparagraph (A) is made available in a prominent location on the public-facing website of the headquarters of the Corps of Engineers and of each district and division of the Corps of Engineers.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Alternative Delivery Methods.
(2) Administration
In establishing the office under this subsection, the Secretary shall—
(A) designate an Alternative Delivery Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations;
(B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and
(C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks:
(i) Assist and provide guidance to non-Federal interests on accessing alternative delivery programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under—
(I) sections 203 and 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231; 2232);
(II) section 1043 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note);
(III) section 1113 of the Water Resources Development Act of 2016 (33 U.S.C. 2326e);
(IV) section 159 of the Water Resources Development Act of 2020; and
(V) section 1107(a) of the Water Resources Development Act of 2024 (33 U.S.C. 2201 note).
(ii) Coordinate with non-Federal interests to establish clear review standards, procedures, and timelines for the review and approval of studies, plans, specifications, and other materials submitted pursuant to the programs described in clause (i).
(iii) Identify opportunities to accelerate project delivery and reduce administrative burdens associated with the use of alternative delivery methods and contributed funds authorities.
(iv) Coordinate across headquarters, divisions, and districts of the Corps of Engineers to ensure the consistent implementation of alternative delivery authorities.
(v) Develop and maintain guidance and best practices for the acceptance and use of contributed funds provided by non-Federal interests to carry out activities related to water resources development projects.
(vi) Provide technical assistance to non-Federal interests regarding the eligibility of expenditures for credit or reimbursement, including expenditures incurred pursuant to written agreements entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).
(3) Report
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 that describes—
(A) the progress of the Secretary in establishing the Office on Alternative Delivery Methods;
(B) the number of staff assigned to such Office;
(C) the activities carried out by the Office; and
(D) recommendations for legislative or administrative actions to improve the efficiency and effectiveness of alternative delivery methods.
(1) Coordination
Each office established under subsections (a) through (d) shall coordinate with other offices established under such subsections and with any other office of the Corps of Engineers to ensure consistency across the Corps of Engineers.
(2) Funding
The offices established under subsections (a) through (d) shall be funded using amounts otherwise authorized to be appropriated for the general expenses of the Directorate of Civil Works.
(a) Sense of Congress
It is the sense of Congress that—
(1) the Corps of Engineers should maximize the efficiency of contract actions through the use of multiyear or continuing contracts; and
(2) multiyear or continuing contracts—
(A) provide cost savings by combining work across multiple projects across different accounts of the Corps of Engineers; and
(B) increase reliability of projects constructed or maintained by the Corps of Engineers and ensure realization of the benefits derived from such projects.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of any considerations relating to and benefits of awarding multiyear or continuing contracts for the construction of authorized water resources development projects carried out by the Secretary.
(2) Requirements
In developing the review under paragraph (1), the Comptroller General shall—
(A) describe existing statutory authorities and limitations under which the Corps of Engineers may carry out water resources development projects utilizing a multiyear or continuing contract, including such authorities and limitations under section 10 of the Act of September 22, 1922 (33 U.S.C. 621) and section 206 of the Water Resources Development Act of 1999 (33 U.S.C. 2331);
(B) review—
(i) prior instances in which the Secretary has carried out an authorized water resources development project utilizing a multiyear or continuing contract for the construction;
(ii) prior instances in which the heads of other Federal agencies, including the Secretary of Defense, have carried out large-scale infrastructure or asset construction projects utilizing a multiyear or continuing contract for the construction; and
(iii) the response of the Corps of Engineers to prior recommendations of the Comptroller General related to management of water resources development projects that utilize multiyear or continuing contracts; and
(C) evaluate—
(i) potential cost savings, considerations, and benefits (including accelerated completion of construction) from awarding multiyear or continuing contracts for the construction of authorized water resources development projects; and
(ii) safeguards to minimize the inefficient reprogramming of appropriated funds related to multiyear or continuing contracts.
(3) Report
Upon completion of the review 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, including any legislative recommendations that result from such review.
(a) In general
The Secretary shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the release of a hazardous substance or pollutant or contaminant resulting from any covered activity carried out in accordance with a joint plan developed under this section by the Secretary, in coordination with the non-Federal interest for the covered activity, and approved by the Administrator.
(b) Joint plan
A joint plan developed under subsection (a) shall—
(1) ensure that the covered activity protects human health and the environment; and
(2) include—
(A) relevant and appropriate requirements of the National Contingency Plan;
(B) a description of the work to be undertaken;
(C) identification of—
(i) the method to be used for dredged material disposal;
(ii) the roles and responsibilities of the Secretary and non-Federal interest; and
(iii) sources of funding; and
(D) such other terms and conditions as the Administrator determines necessary.
(c) Consultation; public comment
In developing a joint plan under subsection (a), the Secretary shall—
(1) consult with interested Federal, State, and local government officials; and
(2) provide an opportunity for public comment.
(d) Obligations of the Secretary
Prior to carrying out any covered activity pursuant to a joint plan developed under subsection (a), the Secretary shall—
(1) document any hazardous substance or pollutant or contaminant present in the contaminated sediment to be removed or remediated; and
(2) seek to identify any person potentially responsible for the release of such hazardous substance or pollutant or contaminant.
(e) Cost recovery
Nothing in this section affects the responsibility of the Federal Government to seek recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) from responsible parties of response costs incurred by the Secretary in carrying out a covered activity.
(f) Definitions
In this section:
(1) Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
(2) Contaminated sediment
The term contaminated sediment means sediment in which a hazardous substance or pollutant or contaminant is present.
(3) Covered activity
The term covered activity means the removal or remediation of contaminated sediment pursuant to—
(A) a water resources development project specifically authorized by Congress for such purpose; or
(B) section 312(f) of the Water Resources Development Act of 1990 (33 U.S.C. 1272(f)).
(4) Hazardous substance
The term hazardous substance has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(5) National Contingency Plan
The term National Contingency Plan means the national contingency plan published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(6) Pollutant or contaminant
The term pollutant or contaminant has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(a) Establishment
There is established a Levee Owners Board.
(1) In general
The Owners Board shall be composed of eleven members, each of which is a Federal levee system owner-operator, appointed by the Secretary so as to represent various regions of the country, including at least one member from each of the eight divisions of the Corps of Engineers.
(A) In general
A member of the Owners Board shall be appointed for a period of 3 years.
(B) Reappointment
A member of the Owners Board may be reappointed to the Owners Board, as the Secretary determines to be appropriate.
(C) Vacancies
A vacancy on the Owners Board shall be filled in the same manner as the original appointment was made.
(3) Chairperson
The members of the Owners Board shall appoint a chairperson from among the members of the Owners Board.
(4) Observers
The Secretary shall designate, and the Administrator may designate, a representative to act as an observer of the Owners Board.
(1) In general
The Owners Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding levee system reliability throughout the United States.
(2) Advice and recommendations
The Owners Board shall provide—
(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding overall levee system reliability;
(B) advice and recommendations to Congress regarding any feasibility report for a flood risk management project that has been submitted to Congress;
(C) not later than 60 days after the date of the submission of the budget proposal of the President to Congress for a given fiscal year, advice and recommendations to Congress regarding flood risk management project construction and rehabilitation priorities and corresponding spending levels;
(D) advice and recommendations to the Secretary and Congress regarding the effectiveness of the levee safety program of the Corps of Engineers, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2); and
(E) advice and recommendations to the Secretary, Congress, and the Administrator regarding the effectiveness of the levee safety initiative, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2).
(3) Independent judgment
The Owners Board shall ensure that any advice or recommendations made under paragraph (2) reflect the independent judgment of the Owners Board.
(d) Duties of the Secretary
The Secretary shall—
(1) designate an Executive Secretary who shall assist the chairperson in administering the Owners Board and ensuring that the Owners Board operates in accordance with chapter 10 of title 5, United States Code;
(2) provide to the Owners Board detailed reports of Corps of Engineers activities and expenditures related to flood risk management and levees, including for the levee safety program of the Corps of Engineers and the levee safety initiative, not less frequently than semiannually; and
(3) submit to the Owners Board a copy of any completed feasibility report for a flood risk management project submitted to Congress.
(1) In general
The Owners Board shall be subject to chapter 10 of title 5, other than section 1013, and with the consent of the appropriate agency head, the Owners Board may use the facilities and services of any Federal agency.
(2) Members not considered special government employees
For the purposes of complying with chapter 10 of title 5, United States Code, the members of the Owners Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code).
(3) Travel expenses
Non-Federal members of the Owners Board, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.
(f) Definitions
In this section:
(1) Levee safety initiative
The term levee safety initiative means the levee safety initiative established under section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a).
(2) National Levee Safety Act of 2007 terms
The terms Administrator, levee, levee system, and rehabilitation have the meanings given those terms in section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301).
(3) Owners Board
The term Owners Board means the Levee Owners Board established by this section.
(a) In general
Section 14(a) of the Act of March 3, 1899 (33 U.S.C. 408(a)) is amended—
(1) by striking It shall not be lawful and inserting the following:
(1) In general
It shall not be lawful; and
(2) by adding at the end the following:
(A) In general
The Secretary shall, by rule, establish categorical permissions for any category of activities for which an application for permission under paragraph (1) may be submitted.
(B) Scope
In establishing categorical permissions under subparagraph (A), the Secretary shall consider the following:
(i) The type and similarity of activities to be included in any specific category.
(ii) The geographic area to which the categorical permission will apply.
(iii) The type and similarity of the public works with respect to which the categorical permission will apply.
(iv) The effects of the activities to be included in a category on the applicable public works and on environmental and cultural resources.
(v) Any additional Federal regulatory requirements that apply to the activities to be included in a category.
(vi) An appropriate period of validity for the categorical permission.
(C) Requirement
The Secretary may only establish a categorical permission under this subsection that the Secretary determines will apply to a category of activities that—
(i) are similar in nature to activities for which applications for permission are regularly submitted under this section;
(ii) will cause only minimal adverse environmental effects when carried out separately; and
(iii) will cause only minimal cumulative adverse environmental effects.
(i) Scoping process
In establishing categorical permissions under this paragraph, the Secretary shall solicit input from non-Federal interests, including landowners, hydropower operators, and resource agencies.
(ii) Comment period
The Secretary shall make all draft categorical permissions, including any associated analyses and other documentation, available for public review and comment for not less than 30 days.
(E) Transparency
The Secretary shall publish all categorical permissions established under this paragraph on an appropriate website of the Corps of Engineers, including, for each categorical permission, identification of—
(i) the types of activities to which the categorical permission applies;
(ii) any specific circumstances that, if present, would cause the categorical permission to not apply to an activity of a type identified under clause (i);
(iii) the geographic area to which the categorical permission applies;
(iv) the types of public works with respect to which the categorical permission applies; and
(v) the period for which the categorical permission is valid.
(i) Identification in request
A non-Federal entity may identify in an application for permission under this subsection any categorical permission that may apply to the activity for which the permission is requested.
(ii) Inclusion in completeness determination
In informing a non-Federal entity whether an application for permission under this subsection is complete under subsection (d)(1), the Secretary shall include an assessment of whether a categorical permission will apply to the activity for which permission is requested, including an evaluation of the applicability of—
(I) any categorical permission identified by the non-Federal entity in the application; and
(II) any other categorical permission the Secretary determines appropriate.
(G) Limitations
Nothing in this paragraph affects—
(i) the authority of the Secretary to grant or deny permission under this section; or
(ii) any obligation to comply with the provisions of any Federal or State law, including—
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(III) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(H) Deadline for proposed rule
Not later than 180 days after the date of enactment of the Water Resources Development Act of 2026, the Secretary shall publish a proposed rule establishing categorical permissions under this paragraph.
Section 106. Contributions by non-Federal interests
Section 902(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2280(b)) is amended to read as follows:
(b) Contributions by non-Federal interests
Notwithstanding subsection (a), in accordance with section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), if the Chief of Engineers makes a determination under section 8155(b)(1) of the Water Resources Development Act of 2022 (33 U.S.C. 2280 note) that an authorized water resources development project has exceeded, or is expected to exceed, its maximum cost under subsection (a), the Secretary may—
(1) accept funds from the non-Federal interest for such project pursuant to a written agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b); and
(2) use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project.
(a) Electronic system
Section 2040(a) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(a)) is amended—
(1) in the subsection heading, by striking Development of Electronic and inserting Electronic;
(2) by amending paragraph (1) to read as follows:
(1) In general
The Secretary shall implement an electronic system to allow the electronic—
(A) preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary; and
(B) tracking of documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.;
(3) in paragraph (2)—
(A) in subparagraph (E), by striking; and and inserting a semicolon;
(B) in subparagraph (F), by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(G) documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.; and
(4) by adding at the end the following:
(5) Coordination with other agencies
To the maximum extent practicable, the Secretary shall use the electronic system required under paragraph (1) to enhance interagency coordination in the preparation of documents related to Federal environmental reviews.
(b) System requirements
Section 2040(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(b)) is amended—
(1) in paragraph (4), by striking; and and inserting a semicolon;
(2) in paragraph (5)(C), by striking the period at the end and inserting; and; and
(3) by adding at the end the following:
(6) enable a non-Federal interest for a project to—
(A) submit information related to the preparation of any Federal environmental review document associated with the project; and
(B) track the status of a Federal environmental review associated with the project.
(c) Record retention
Section 2040(d) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(d)) is amended—
(1) in the subsection heading, by striking Record of Determinations and inserting Record Retention;
(2) in paragraph (1), by inserting, and all Federal environmental review documents included in the electronic system before the period at the end; and
(3) in paragraph (2), by inserting and all Federal environmental review documents included in the electronic system before after the 5-year.
(d) Availability of records
Section 2040(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(e)) is amended—
(1) in the subsection heading, by striking Determinations and inserting Records; and
(2) in paragraph (1), by inserting, and all final Federal environmental review documents included in the electronic system, before available to the public.
(e) Deadline for electronic system implementation
Section 2040(f)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(f)(1)) is amended by striking 2 years after the date of enactment of the Water Resources Development Act of 2022 and inserting 1 year after the date of enactment of the Water Resources Development Act of 2026.
(f) Applicability
Section 2040(g) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(g)) is amended by inserting, and the requirements described in subsections (d) and (e) relating to Federal environmental documents shall apply with respect to Federal environmental review documents that are prepared after the date of enactment of the Water Resources Development Act of 2026 before the period at the end.
(g) E–NEPA
Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended by adding at the end the following:
(i) Consistency with E–NEPA
In carrying out this section, the Secretary shall take into consideration the results of the permitting portal study conducted pursuant to the amendment made by section 321(b) of the Fiscal Responsibility Act of 2023 (137 Stat. 44).
(h) Conforming amendment
Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended in the section heading by striking Permit Applications and inserting Permit Applications and Other Documents.
(a) Vertical integration and acceleration of studies
Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) is amended—
(1) by amending subsection (a) to read as follows:
(a) In general
In carrying out a feasibility study carried out by the Secretary pursuant to section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282), the Secretary shall—
(1) complete the feasibility study as efficiently and expeditiously as practicable;
(2) align the scope of the feasibility study with the goals of the non-Federal interest, to the extent practicable in accordance with the authorities of the Secretary and statutory requirements relating to water resources development projects;
(3) carry out the feasibility study in a manner that ensures that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under such section 905; and
(4) include in the report submitted with respect to the study under section 2033(f)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)(2)) sufficient information for Congress to fully review the study, which may be in the form of details relating to any remaining project cost uncertainties as appropriate for the maturity of the project design.;
(2) in subsection (d)(1), by striking the environmental review process under section 1005 and inserting any required environmental review;
(3) by striking subsections (b), (c), (e), and (f); and
(4) by redesignating subsection (d) as subsection (b).
(b) Detailed project schedule
Section 905(g) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)) is amended—
(1) in paragraph (2), by striking, to the maximum extent practicable,;
(2) by striking paragraph (3) and inserting the following:
(A) In general
In carrying out paragraph (2), for each feasibility study, the relevant District Engineer shall establish deadlines for milestones, and a total cost estimate for the study, taking into consideration, to the maximum extent practicable—
(i) the goals of the non-Federal interest;
(ii) the statutory requirements and authorities of the Corps of Engineers;
(iii) the complexity of the study; and
(iv) any other factors identified by the District Engineer and the non-Federal interest.
(B) Collaboration with non-Federal interest
The District Engineer shall collaborate with the relevant non-Federal interest in establishing deadlines for milestones under subparagraph (A).
(C) Complexity
In determining the complexity of a feasibility study for purposes of subparagraph (A), the District Engineer shall consider, with respect to the project that is the subject of the feasibility study—
(i) the type, size, location, scope, and overall projected cost of the project;
(ii) whether the project will use any innovative design or construction techniques;
(iii) whether the project will require significant action by other Federal, State, or local agencies;
(iv) whether there is significant public dispute as to the nature or effects of the project; and
(v) whether there is significant public dispute as to the economic or environmental costs or benefits of the project.
(D) Extensions
At the request of the relevant non-Federal interest, the District Engineer shall extend any deadline established under subparagraph (A).; and
(3) by striking paragraph (4) and inserting the following:
(4) Congressional and public notification
For each fiscal year, the Secretary shall—
(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report that includes—
(i) a list of all detailed project schedules established under paragraph (2) in the fiscal year;
(ii) a description of any such project schedule that is expected to result in the completion of a final feasibility report more than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2033(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f));
(iii) a description of any feasibility study for which the maximum Federal cost is expected to exceed $5,000,000, based on the total cost estimate established under paragraph (2), including an explanation of such exceedance; and
(iv) an explanation of any missed deadlines or extensions; and
(B) make publicly available (including on a publicly available website) a copy of the annual report described in subparagraph (A) not later than 14 days after the date on which a report is submitted to Congress.
(1) New studies
The amendments made by this section shall apply to feasibility studies initiated on or after the date of enactment of this section.
(2) Ongoing studies
For any feasibility study initiated before the date of enactment of this section, but for which a final report of the Chief of Engineers has not been submitted to Congress pursuant to section 2033 of the Water Resources Development Act of 2007 (33 U.S.C. 2282a) on or before such date of enactment, the Secretary shall, upon request from the relevant non-Federal interest, apply the requirements of section 1001 of the Water Resources Reform and Development Act of 2014 (as amended by this section) and section 905(g) of the Water Resources Development Act of 1986 (as amended by this section) to the feasibility study.
(d) Notification to Congress on terminated studies
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 on any feasibility study terminated or proposed to be terminated, including a summary of the reasons for such termination, and any proposed alternatives the non-Federal interest may pursue in lieu of a feasibility study.
(a) Planning period
In developing a dredged material management plan for an authorized water resources development project, the Secretary shall provide for a minimum of 10 years of dredged material placement capacity.
(b) Exception
The requirement established under subsection (a) shall not apply with respect to an authorized water resources development project if the Secretary finds that providing for a minimum of 10 years of dredged material placement capacity in the dredged material management plan for the project is not feasible due to complexity, controversy, or other compelling factors.
(1) In general
In determining the scope and performance timeline to be included in a contract entered into on or after the date of enactment of this Act with an entity to carry out maintenance dredging at an authorized water resources development project, the Secretary shall consult with stakeholders, including—
(A) the non-Federal interest for the project;
(B) relevant Federal and State entities; and
(C) to the extent practicable, other non-Federal entities that utilize or rely on the project.
(2) Exception
Notwithstanding paragraph (1), if the Secretary determines that an emergency exists or there is an important national interest at stake, the Secretary may determine the scope and performance timeline to be included in a contract described in such paragraph without consulting with stakeholders that are not a party to the contract.
(b) Communication
If the Secretary receives, from an entity carrying out maintenance dredging at an authorized water resources development project under a contract entered into with the Secretary, information about changes with respect to the performance of such maintenance dredging, the Secretary shall, not later than 3 business days after receiving such information—
(1) determine whether such changes are reasonably likely to affect the period of performance of dredging under the contract; and
(2) if the Secretary determines that such changes are reasonably likely to affect such period, notify the applicable non-Federal interest of such changes.
(c) Capability numbers
With respect to any maintenance dredging activity, the Secretary shall, upon request, make available to the applicable non-Federal interest the estimate made by the Secretary of the amount of funding that the Secretary could reasonably expend in a fiscal year with respect to such activity.
(a) In general
The Secretary shall update the regulations under chapter II of title 33, Code of Federal Regulations that are applicable to establishing the Federal standard for dredged material disposal or placement for a water resources development project—
(1) to align the requirements and policy of such regulations with—
(A) section 1130 of the Water Resources Development Act of 2024 (138 Stat. 3018);
(B) section 125(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g), including—
(i) the directive to include the economic benefits and efficiencies from the beneficial use of dredged material in any determination relating to the Federal standard; and
(ii) the national goal established in subsection (a)(1)(B) of such section of beneficially using not less than 70 percent by volume of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects; and
(C) section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note); and
(2) taking into consideration—
(A) the capacity of facilities using the confined aquatic disposal methodology to store dredged material, including the available capacity to store contaminated dredged material;
(B) benefits, including monetary value creation, attributable to the beneficial use of dredged material;
(C) any monetary benefits of environmental and coastal resiliency attributable to the beneficial use of dredged material;
(D) the demand on the Corps of Engineers for environmental and ecological restoration projects in coastal areas; and
(E) any incremental cost borne by non-Federal interests in implementing beneficial dredged material placement separately from a project.
(b) Initiation timeline
Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking to carry out subsection (a).
Section 113. Levee certifications
Section 3014 of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131) is amended by adding at the end the following:
(1) In general
Not later than 180 days after the date of enactment of this subsection, the Secretary, in coordination with the Administrator and the Committee on Levee Safety established under section 9003 of the Water Resources Development Act of 2007 (33 U.S.C. 3302), shall initiate a rulemaking to establish the methodology or process by which the Secretary shall conduct a risk assessment in evaluating a levee under subsection (b).
(2) Requirements
In issuing the rule under this subsection, the Secretary shall—
(A) evaluate—
(i) multiple methodologies for conducting risk assessments, including deterministic and probabilistic methods; and
(ii) the significant differences between each method with respect to—
(I) cost of using each method;
(II) reproducibility of results;
(III) level of confidence in results produced by each method;
(IV) how each method accounts for flood risk assessment and management implications, including risk to human life and property;
(V) economic impacts; and
(VI) other relevant factors; and
(B) provide for a public notice and comment period of not less than 90 days.
(3) Definitions
In this subsection:
(A) Deterministic method
The term deterministic method means, with respect to levee evaluations under this section, a physical-criteria-based evaluation that determines compliance with the 1-percent-annual chance flood event standard set forth in section 65.10 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this subsection, by measuring levee performance against specific, fixed physical margins, including freeboard, embankment protection, closure devices, and structural stability, to establish a binary determination of structural adequacy.
(B) Probabilistic method
The term probabilistic method means, with respect to levee evaluations under this section, a statistical-inference-based evaluation used as an alternative or supplement to a deterministic methodology to determine the likelihood of levee failure or overtopping during a 1-percent-annual chance flood event, through the use of—
(i) system response curves or fragility curves, which define the conditional probability of failure as a function of water stage or load;
(ii) Monte Carlo simulations or similar stochastic modeling used to propagate uncertainty in hydrologic, hydraulic, or geotechnical parameters; and
(iii) catastrophe models or proprietary risk-rating algorithms used to determine flood insurance premiums or levee safety action classifications.
(a) Sense of Congress
It is the sense of Congress that the Secretary should annually allocate all funds (including funds appropriated from the Harbor Maintenance Trust Fund) made available to the Secretary to pay for operations and maintenance costs of harbors and inland harbors within the United States, including costs of expanded uses carried out at an eligible harbor or inland harbor under section 210(d)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(d)(2)), in accordance with the requirements of 102(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
(b) Amendments
Section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note) is amended—
(1) in paragraph (1), in the matter preceding subparagraph (A)—
(A) by striking to the extent practicable,; and
(B) by striking, to the extent there are identifiable operations and maintenance needs,; and
(2) by striking paragraph (3) and inserting the following:
(3) Annual reporting
For each fiscal year, 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 an annual report that includes the following:
(A) The total amount of expenditures made in the fiscal year to pay for projects described in each of subparagraphs (A) through (D) of paragraph (1).
(B) A list of projects for which such expenditures were made, including the amounts expended for each project.
(C) An explanation for any failure to make such expenditures in compliance with the requirements of paragraph (1) in the fiscal year, and a corrective plan for the subsequent fiscal year.
Section 115. Soo Lock operator wage rates
Notwithstanding any other law, rule, or regulation, nonsupervisory, leader, and supervisory wage employees of the Corps of Engineers at the navigation locks at Sault Sainte Marie, Michigan, who are engaged in operating lock and dam equipment or who repair and maintain navigation lock and dam operating machinery and equipment shall be paid from special wage schedules having rates identical to the regular wage schedule authorized for the Detroit District Office.
(a) In general
The Secretary shall expedite the review of a request of a non-Federal interest to enter into a partnership agreement under section 217(c) of the Water Resources Development Act of 1996 (33 U.S.C. 2326a(c)) for the design, construction, or operation of a facility used to demonstrate potential beneficial uses of dredged material from a federally authorized harbor in the State of Ohio.
(b) User fees
An agreement described in subsection (a) and entered into after an expedited review under subsection (a) may provide for the Secretary to reimburse the non-Federal interest for funds provided by such non-Federal interest for activities carried out pursuant to the agreement through the payment of subsequent user fees to the non-Federal interest in a manner consistent with section 217(d)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 2326a(d)(2)), as though the non-Federal interest is a private entity under such section.
(c) Dredged material management plan
In reviewing a request pursuant to subsection (a), if the Secretary determines that timely completion of a dredged material management plan with respect to a federally authorized harbor described in subsection (a) is not feasible due to complexity, controversy, or other compelling factors, the Secretary may enter into the agreement prior to completion of such a dredged material management plan.
(d) Practices and procedures
Prior to entering into an agreement reviewed pursuant to subsection (a), the Secretary may apply the practices and procedures described in part 337 of title 33, Code of Federal Regulations, to the facility that is proposed to be subject to the requested agreement.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall revise or update the policy and guidance documents of the Corps of Engineers related to identifying and approving the appropriate minimum interest in real property necessary to support a water resources development project, including Chapter 12 of Engineering Regulation 405–1–12, entitled Real Estate Handbook, consistent with section 1104 of the Water Resources Development Act of 2024 (33 U.S.C. 598b).
(2) Publication
The Secretary shall make publicly available (including on a publicly available website) the changes to any policy or guidance documents made pursuant to this section.
(b) Delegation of approval authority
Section 1104 of the Water Resources Development Act of 2024 (33 U.S.C. 598b) is amended by adding at the end the following:
(f) Delegation of approval authority
The Secretary shall, to the maximum extent practicable, delegate approval of the minimum interest in real property identified under subsection (b) necessary to support a specific water resources development project to the District Commander of the district of the Corps of Engineers in which the project is located.
(a) In general
Not later than 210 days after the date of enactment of this Act, the Secretary shall—
(1) complete a review of policies and guidance of the Corps of Engineers that are applicable to the real estate appraisal process for civil works projects for purposes of identifying efficiencies that may be incorporated into such process, including guidance related to review and approval of such appraisals; and
(2) based on such review, issue revisions to such policies and guidance to ensure efficient project delivery and avoid delays during feasibility study review and approval, to the extent practicable.
(b) Requirements
In carrying out subsection (a), the Secretary shall develop—
(1) guidelines for determining the validity of an appraisal at any time during the period beginning on the date on which the Secretary receives the appraisal and ending on the date on which the certification of a total project cost estimate for the applicable project expires; and
(2) standard—
(A) timeframes for review of appraisals; and
(B) delegations of authority to approve appraisals, for use at the discretion of the Secretary.
(c) Report to Congress
Not later than 30 days after completion of the review under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
(1) describes the findings of the review;
(2) identifies any revisions to policy and guidance made as a result of the review; and
(3) identifies any additional recommendations for legislative action to further improve the real estate appraisal process.
Section 119. 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 (a)(5), by inserting (including projected water supply needs for municipal, domestic, industrial, and agricultural purposes) after supply; and
(2) in subsection (d)—
(A) in paragraph (17), by striking; and and inserting a semicolon;
(B) in paragraph (18), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(19) Eightmile River Watershed, Connecticut;
(20) Central Florida watersheds;
(21) Muskegon River Watershed, Michigan;
(22) Great Egg Harbor River Watershed, New Jersey;
(23) Middle Rio Grande Watershed, New Mexico;
(24) the Upper Ohio River Basin;
(25) the Rio Grande Basin, Texas; and
(26) the Great Salt Lake Basin.
(a) Approval by governors for diversion of water
No water may be diverted or exported from any portion of the Missouri River, or from any tributary of the Missouri River, for use outside of a Missouri River State unless such diversion or export is approved by the Governor of each of the Missouri River States.
(b) Approval of governors for diversion studies
Notwithstanding any other provision of law, the Secretary may not undertake any study, or expend any Federal funds to contract for any study, of the feasibility of diverting or exporting water from any portion of the Missouri River, or from any tributary of the Missouri River, for use outside the Missouri River States, unless such study or expenditure is approved by the Governor of each of the Missouri River States.
(d) Definitions
In this section:
(1) Missouri River
The term Missouri River means the portions of the Missouri River within the United States.
(2) Missouri River State
The term Missouri River State means the States of Colorado, Minnesota, Montana, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, and Wyoming.
Section 121. Law enforcement at water resources development projects
Section 120(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5d(b)) is amended by striking $10,000,000 and inserting $20,000,000.
(a) Sense of Congress
It is the sense of Congress that the standard terms and provisions used by the Corps of Engineers in emergency debris removal contracts should facilitate effective and expedient removal of disaster-generated debris that poses a risk to public safety while maximizing the value to the taxpayer and minimizing the risk of unnecessary debris removal that harms property, natural systems, or wildlife.
(b) Evaluation
In determining the standard terms and provisions that the Corps of Engineers should use in emergency debris removal contracts, the Secretary shall evaluate—
(1) the various contract and fee structures utilized by the Corps of Engineers and the impact of each such structure on total cost and work quality, including an assessment of such structures that is tied to the volume of debris removed;
(2) the addition of terms requiring coordination between the Corps of Engineers, the contractor, Federal, State, and local agencies and officials and other relevant experts prior to removing debris to ensure protection of healthy vegetation, important habitats, and vulnerable wildlife; and
(3) other terms and measures to protect private property, habitat, and wildlife during emergency debris removal activities.
(a) In general
At the request of the non-Federal interest for a water resources development project, the Secretary shall develop a wildfire contingency strategy for identifying both wildfire risks and possible wildfire mitigation with respect to such project.
(b) Contents
In developing a strategy under subsection (a), the Secretary shall include a—
(1) wildfire risk assessment; and
(2) wildfire mitigation plan.
(c) Wildfire risk assessment
In the wildfire risk assessment described in subsection (b)(1) for a project, the Secretary shall identify—
(1) risks to such project from wildfires—
(A) that may affect the operation of and ability to carry out the authorized purposes of the project, including navigation, flood control, irrigation, hydropower, water supply, recreation, and fish and wildlife conservation; and
(B) that may affect life and private property in the vicinity of the project; and
(2) risks of sediment, debris, and associated runoff into the project that may occur after a wildfire.
(d) Wildfire mitigation plan
In the wildfire mitigation plan described in subsection (b)(2) for a project, the Secretary shall develop—
(1) a strategy that identifies actions the Secretary or non-Federal interest may take to reduce or eliminate adverse impacts to the project from a wildfire, including—
(A) hazardous fuels management;
(B) fuel or fire breaks;
(C) treatments for invasive species and vegetation;
(D) aquatic ecosystem restoration activities to increase wildfire resistance; and
(E) operational changes, including updates to water control manuals or associated water control plans;
(2) a summary of resources and capabilities to implement such plan;
(3) a timeline to implement such plan; and
(4) any other information determined necessary by the Secretary.
(e) Consultation
In developing strategies under subsection (a), the Secretary shall, as applicable, consult with other Federal agencies, States, Tribal governments, local governments, and relevant stakeholders.
(f) Prioritization
In responding to requests for wildfire contingency strategies from non-Federal interests pursuant to this section, the Secretary shall prioritize developing strategies for projects located in areas where there is considerable risk of wildfire or that has been subject to recent wildfires.
(g) 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 implementation of this section.
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, using available funds, a pilot program under which the Secretary may accept services provided by a State for the removal of sediment captured behind a project for the purpose of restoring the authorized storage capacity of the project.
(b) Requirements
In carrying out this section, the Secretary shall—
(1) review the services of the State to ensure that the services are consistent with the authorized purposes of the project;
(2) ensure that the State will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the project as a result of such services; and
(3) require the State, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the sediment profile and quality before and after the completion of such services.
(1) In general
The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
(2) Report to Congress
If the Secretary makes a determination under paragraph (1) that accepting services is not advantageous to the United States, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
(d) Agreement
Prior to accepting services under subsection (a), the Secretary shall enter into a written agreement with the State and the non-Federal interest for the project that authorizes the Secretary to provide credit to the non-Federal interest for operation and maintenance of the project for the value of the services provided under subsection (a) that the Secretary determines are integral to the project.
(e) Congressional notification
Prior to accepting services provided by a State under subsection (a), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice that the Secretary intends to accept the services.
(f) Prioritization
In carrying out the pilot program under subsection (a), the Secretary shall prioritize accepting services for projects in the following locations:
(1) John Redmond Reservoir, Kansas, authorized pursuant to section 204 of the Flood Control Act of 1950 (64 Stat. 173).
(2) Kanopolis Lake, Kansas, and the surrounding lands managed by the Corps of Engineers.
(3) Tuttle Creek Lake, Kansas, authorized pursuant to section 2 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218).
(4) Sardis Lake reservoir, Oklahoma, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1187; 95 Stat. 1137).
(g) Project defined
In this section, the term project means a dam owned or operated by the United States and under the jurisdiction of the Secretary.
(h) Termination
This pilot program shall terminate on the date that is 10 years after the date of enactment of this Act.
Section 125. Environmental dredging
Section 8127(a) of the Water Resources Development Act of 2022 (136 Stat. 3716) is amended by adding at the end the following:
(6) The project for navigation, Ipswich River, Massachusetts, authorized by the River and Harbor Act of 1968 (82 Stat. 731).
Section 126. Expenses for control of aquatic plant growths and invasive species
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by adding at the end the following:
(4) Indirect costs
Funds made available to carry out this section may be used to pay reasonable and necessary indirect costs associated with activities carried out under this section, including administrative expenses, overhead, and other costs not directly attributable to a specific project.
Section 127. Feasibility studies; review of shoreline and streambank protection
Section 116(b) of Water Resources Development Act of 2020 (33 U.S.C. 2282 note) is amended by inserting, shoreline protection, or emergency streambank protection after reduction.
Section 128. 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 (c)—
(A) in paragraph (15), by striking and at the end;
(B) in paragraph (16), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(17) Putnam Lake, New York;
(18) Ross Island Lagoon, Oregon;
(19) Lakes and reservoirs in the Commonwealth of Pennsylvania, including Blue Marsh Lake; and
(20) Rio Grande River Basin, Texas.; and
(2) by adding at the end the following:
(h) Annual update to committees
Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an update on the status of the demonstration program carried out under subsection (a).
Section 129. 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:
(N) Shoreline of the Commonwealth of Puerto Rico.
(O) Blackstone River, Rhode Island.
(P) Rio Grande bordering counties, Texas.
(Q) Passumpsic River watershed, Vermont.
Section 130. Fish and oyster habitat restoration
Section 704(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)(2)) is amended—
(1) in subparagraph (C), by striking and at the end;
(2) in subparagraph (D)(v), by striking the period and inserting; and; and
(3) by inserting after subparagraph (D) the following:
(E) the restoration and rehabilitation of habitat for fish, including native oysters, in the East River, Flushing Bay and River, and Bronx River, New York, including—
(i) the construction of oyster bars and reefs;
(ii) the rehabilitation of existing marginal habitat and oyster reef sites;
(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;
(iv) the construction and upgrading of oyster hatcheries; and
(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.
(a) In general
In the evaluation by the Secretary of benefits and costs of an authorized water resources development project, the Secretary shall treat benefits attributable to measures that utilize a natural feature or nature-based feature (as such terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))) to be at least equal to the costs of such measures.
(1) Applicability
The Secretary shall utilize the authority under subsection (a) on not more than 10 projects that utilize a natural feature or nature-based feature, including the projects specified under paragraph (2).
(2) Priority projects
The Secretary shall utilize the authority under subsection (a) on—
(A) the project for flood and storm damage reduction, New York and New Jersey Harbor and Tributaries, New York and New Jersey, as authorized by the Act of June 15, 1955 (chapter 140, 69 Stat. 132; 134 Stat. 2676; 138 Stat. 3152); and
(B) the development of a recommendation for mitigation of hot spot erosion on an authorized coastal storm risk management project in the State of New Jersey developed under section 1217 of the Water Resources Development Act of 2024 (138 Stat. 3081).
(c) Report
Not later than 4 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, and make publicly available (including on a publicly available website), a report detailing the results of each evaluation of benefits and costs carried out using the authority under this section.
(d) Sunset
The authority of the Secretary to initiate an evaluation under subsection (a) shall terminate on the date that is 5 years after the date of enactment of this Act.
(1) In general
It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities, to—
(A) fully utilize the programmatic, technical and planning assistance, and project-specific authorities provided by Congress in addressing the mission areas described in paragraph (2);
(B) maximize using the full array of authorities and mission areas described in paragraph (2) to comprehensively address local water resources challenges, consistent with the goals of the applicable non-Federal interest;
(C) fully identify and analyze national economic development benefits, regional economic development benefits, environmental quality benefits, and other societal effects of proposed water resource development activities and projects;
(D) ensure that the Corps of Engineers receives and allocates sufficient funding to address the varied local water resources challenges of diverse geographic regions of the United States; and
(E) maximize the development, evaluation, and recommendation of project alternatives for water resources development projects that produce comprehensive project benefits.
(2) Mission areas described
The mission areas described in this paragraph are the following:
(A) Navigation, including coastal and inland waterways navigation.
(B) Flood risk management and coastal storm risk management (including nonstructural, natural, or nature-based features, and efforts to control, retain, and reuse stormwater).
(C) Environmental and ecosystem restoration and protection.
(D) Municipal, industrial, and agricultural water supply, water conservation, and drought resiliency.
(E) Recreation, including recreational navigation.
(F) Hydropower.
(G) Aquatic plant and species control.
(H) Emergency response.
(I) Research and development.
(b) Full consideration
In carrying out subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests that are in alignment with the authorized programmatic, technical and planning assistance, and project-specific authorities and mission areas described in subsection (a).
(1) Declaration of policy
Section 1 of the Act of June 22, 1936 (33 U.S.C. 701a) is amended—
(A) by striking the section designator and all that follows through recognized and inserting the following:
(a) In general
It is recognized;
(B) by inserting, other water bodies, and shorelines after the rivers;
(C) by inserting that such destructive floods can originate or be augmented by the isolated or combined impacts of water from a variety of drivers, such as riverine discharges, extreme weather events, coastal and tidal flooding, sea level rise, subsidence, and stormwater; after national welfare;;
(D) by inserting (including the reduction of comprehensive flood risk from the isolated and compound effects of any of the drivers identified in section 8106(a) of the Water Resources Development Act of 2022 (33 U.S.C. 2282g(a))) before is a proper activity;
(E) by inserting (including the study and implementation of water resources development projects that provide comprehensive flood risk reduction) before are in the interest of the general welfare; and
(F) by adding at the end the following:
(b) Nonstructural approaches
It is the sense of Congress that—
(1) structural features and nonstructural features should be given equal consideration in every feasibility study conducted by the Chief of Engineers for flood risk management or hurricane and storm damage risk reduction; and
(2) the implementation of nonstructural features determined by the Chief of Engineers to align with the policy established by section 2031(a) of the Water Resources Development Act of 2007 (42 U.S.C. 1962–3) is part of the primary mission of the Corps of Engineers for flood risk management and hurricane and storm damage risk reduction.
(2) Definition of flood control
Section 2 of the Act of December 22, 1944 (33 U.S.C. 701a–1) is amended by inserting and the reduction of comprehensive flood risk from the isolated and compound effects of any of the drivers identified in section 8106(a) of the Water Resources Development Act of 2022 (33 U.S.C. 2282g(a)); after damages,.
(b) Clarification on scope of feasibility studies for comprehensive flood risk
Section 8106(a) of the Water Resources Development Act of 2022 (33 U.S.C. 2282g(a)) is amended—
(1) in the matter preceding paragraph (1), by striking shall formulate and inserting shall include in the study any effects within the geographic scope of the study of, and formulate;
(2) in paragraph (4), by striking frequency and inserting frequency, including flooding associated with stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood;
(3) by redesignating paragraphs (1) through (10) as clauses (i) through (x), respectively, and adjusting the margins accordingly;
(4) in the matter preceding clause (i), as so redesignated, by striking In carrying out and inserting the following:
(1) In general
In carrying out; and
(5) by adding at the end the following:
(2) Recommendation of comprehensive flood risk reduction alternative
If the Secretary determines that a project alternative identified by the non-Federal interest pursuant to paragraph (1) is feasible, the Secretary shall incorporate such alternative in the recommended plan for the project as a project feature the costs of which are shared as construction.
Section 134. Realignment of certain Corps of Engineers Districts
Not later than 90 days after the date of enactment of this Act, the Secretary shall realign the following districts of the Corps of Engineers as follows:
(1) Atchison County, Missouri, and Holt County, Missouri, shall be transferred to the Kansas City District.
(2) Northeast Missouri shall be transferred from the Rock Island District to the St. Louis District.
(a) In general
Except as otherwise specifically provided by this Act, not later than 120 days after the date of enactment of this Act, the Secretary shall—
(1) issue any new policy or guidance document necessary to implement this Act; and
(2) revise or update any policy or guidance document of the Corps of Engineers in effect on the date of enactment of this Act to be in compliance with this Act, including the amendments made by this Act.
(b) Revocation of prior policy and guidance
Effective on the date that is 120 days after the date of enactment of this Act, any policy or guidance document of the Corps of Engineers that is not in compliance with this Act, including the amendments made by this Act, is revoked.
(a) Sense of Congress
It is the sense of Congress that the Corps of Engineers, including each district of the Corps of Engineers, should have open communications with each office of a Member of Congress.
(b) In general
At the request of the Chairman or Ranking Member of the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Environment and Public Works of the Senate, the Secretary and the Chief of Engineers shall provide, as expeditiously as possible, information or technical assistance relating to water resources development projects, including information relating to feasibility studies, Chief’s Reports, project justification and scope, authorization and implementation status, estimated project costs and schedules, operational capabilities, and other information relating to such projects.
(c) Rule of construction
Nothing in this section shall be construed to grant any authority to the Secretary or the Chief to deny a request for information related to a water resources development project.
Section 137. Fish and wildlife mitigation
Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
(1) in subsection (d)—
(A) in paragraph (1), by striking shall not submit and all that follows through unless such report contains and inserting may not approve any proposal related to a water resources project unless the Secretary has prepared a report relating to the project that contains;
(B) in paragraph (2)—
(i) by striking The Secretary and inserting the following:
(A) In general
The Secretary; and
(ii) by adding at the end the following:
(B) Identification
The Secretary shall consult with the non-Federal interest for a water resources project, and other stakeholders, to the maximum extent practicable—
(i) to identify mitigation implementation practices or accepted assessment methodologies used in the region of the water resources project and incorporate such practices and methodologies into the mitigation plan for such project; and
(ii) to identify projects that have not been constructed, or concepts described in mitigation plans for other water resources projects, that may be used to meet the restoration or mitigation needs of the water resources project.; and
(C) in paragraph (3)(B)(iv)(I), by inserting or a description of the requirements for a third-party mitigation instrument that would be developed in the case that a contract for future delivery of credits will be used after to be used;
(2) in subsection (i)(1)(A)—
(A) in clause (i), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after banks; and
(B) in clause (ii), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after programs; and
(3) by adding at the end the following:
(l) Separable elements
Mitigation of fish and wildlife losses required under this section that is provided in the form of credit shall be considered a separable element of a project without requiring further evaluation.
(m) Transparency
The Secretary shall ensure that—
(1) the mitigation requirements for each water resources project—
(A) are made publicly available (including on a publicly available website of the headquarters of the Corps of Engineers); and
(B) include the location of the project, the anticipated schedule for mitigation, the type of mitigation required, the amount of mitigation required, and the remaining mitigation needs;
(2) the mitigation plan for such project is made publicly available, as applicable;
(3) the information described in paragraph (1) is updated regularly; and
(4) carrying out the requirements of this subsection with respect to each water resources project is considered a project expense.
(n) Coordination
To the maximum extent practicable, the Secretary shall ensure that the project delivery team and regulatory team of the Corps of Engineers work in coordination to successfully carry out mitigation efforts.
Section 138. Sense of Congress regarding evaluation of flood risk management projects
It is the sense of Congress that, for each flood risk management project completed by the Corps of Engineers prior to the date of enactment of this Act for which an interest in real property is required, the Secretary should—
(1) review and, if necessary, update the minimum real estate interest necessary for the project, based on the As-built Drawings approved by the Secretary with respect to the project—
(A) to maintain project benefits pursuant to applicable guidance of the Corps of Engineers;
(B) to comply with the requirements of the manual prepared under section 5(c)(1) of the Flood Control Act of August 18, 1941 (33 U.S.C. 701n(c)(1)); and
(C) to be able to receive any permissions under section 14 of the Act of March 3, 1899 (33 U.S.C. 408), required for any anticipated construction, operation and maintenance, repair, rehabilitation, or replacement of the project;
(2) provide a summary of the review under paragraph (1) to the non-Federal interest for, or levee operator of, the project, including with the review, if applicable, identification of any additional interest in real property that the non-Federal interest must acquire to meet the minimum real estate interest determined necessary in the review; and
(3) develop a streamlined process through which the Secretary, upon request of a non-Federal interest, may update project boundaries to reflect any update to the minimum real estate interest necessary for the project, as determined by a review under paragraph (1).
(a) Sense of Congress
It is the sense of Congress that the Secretary should, when a public recreational amenity, including a park, trail, green space, recreational waterway, or other public open space available for recreational opportunities, is affected by the construction of a water resources development project—
(1) maintain a level of recreational access to such public recreational amenity that is equivalent to the level provided when the public recreational amenity is not affected by such construction, including by providing alternative access where necessary to ensure continued recreational opportunities during such construction; and
(2) minimize temporary disruptions to such access through project planning and coordination with affected communities.
(b) Recreational access preservation plan
To the maximum extent practicable, as part of a feasibility study for a water resources development project, the Secretary shall—
(1) review the potential impact of construction of the project on existing public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation; and
(2) include in any final recommendation for such project a plan to minimize disruptions and maintain recreational access, as described in subsection (a), to such amenities during and after construction of the project.
Section 140. Sense of Congress on munitions disposal
It is the sense of Congress that the Secretary should collaborate with the Secretary of Defense to identify the agency responsible for remediation of explosive ordnance and unexploded ordnance disposal in accordance with the authority provided in section 1027 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 426e–2).
(a) Sense of Congress on Corps of Engineers workforce needs
It is the sense of Congress that—
(1) the Corps of Engineers should maintain a professional workforce capable of addressing the varied statutory responsibilities entrusted to the Corps of Engineers in a timely manner, including—
(A) the technical expertise necessary to design and deliver complex projects for navigation, flood and storm risk reduction, ecosystem restoration, water supply and water conservation, hydropower, and recreation;
(B) the ability to partner with State and local governments and Indian Tribes in providing technical and planning assistance to communities in addressing local water resources challenges; the personnel required to meet its emergency response authorities; and
(C) the regulatory expertise to administer statutory reviews and approvals; and
(2) the Corps of Engineers should—
(A) improve its recruiting efforts;
(B) offer clear paths to Federal internships for students from high school through postgraduate school;
(C) offer clear paths to Federal careers for recent graduates;
(D) promote the appropriate utilization of volunteers; and
(E) provide meaningful training, mentoring, and career development opportunities, including apprenticeships, to ensure that future Corps of Engineers workforce needs are met.
(1) In general
The Secretary shall seek to contract with the National Academy of Public Administration to carry out a comprehensive review of workforce demands and needs of the Corps of Engineers, which shall include—
(A) an evaluation of the professional workforce needs of the Corps of Engineers necessary to meet the statutory responsibilities of the Corps of Engineers, including—
(i) ensuring the full staffing of positions that support missions, projects, or operations, including such positions that are—
(I) inherently governmental or related to public safety, navigational capacity, or national security; or
(II) necessary for the review and resolution of statutory reviews and approvals in a timely manner; and
(ii) challenges facing the Corps of Engineers related to recruitment, retention, reductions-in-force, retirements, credentialing, professional development, on-the-job training, and other readiness-related gaps;
(B) an evaluation of how increased use of public-private partnerships and other efforts by non-Federal interests to carry out responsibilities related to the study, planning, design, and construction of authorized water resources development projects affect future Corps of Engineers workforce needs;
(C) an assessment of the existing technology used by the Corps of Engineers, the effects of any inefficiencies in the use of technology by the Corps of Engineers, and recommendations for improved technology or tools to accomplish the missions and responsibilities of the Corps of Engineers; and
(D) recommendations based on the review under this paragraph to improve the capacity and preparedness of the Corps of Engineers workforce to ensure that such responsibilities are fully and competently addressed in a timely manner and increase the efficiency of the Corps of Engineers project delivery.
(2) Submission to Congress
Not later than 180 days after the date on which the Secretary receives the findings of the review under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—
(A) a copy of such findings; and
(B) a detailed response to such findings, including any recommendations the Secretary plans to implement to ensure that the statutory responsibilities of the Corps of Engineers are fully and competently addressed and ensure the efficiency of project delivery.
(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 that includes for each report described in paragraph (2) the following:
(A) A summary of the status of the 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 summary of the resources and procedures the Secretary intends to use to complete the report, including the expected timeline for completion of the report.
(D) Any other information regarding the report that the Secretary determines may be relevant to such committees in understanding the status, timing, and progress towards completion of the report.
(2) Reports described
The reports described in this paragraph are the following:
(A) The initial report required under section 1150(a)(1) of the Water Resources Development Act of 2024 (138 Stat. 3040).
(B) The report on turbidity in the Willamette Valley, Oregon, required under section 1205(b) of the Water Resources Development Act of 2024 (138 Stat. 3071).
(C) The report on ice jam prevention and mitigation required under section 1205(k) of the Water Resources Development Act of 2024 (138 Stat. 3075).
(D) 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).
(E) 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).
(F) The report on the disposition study on hydropower in the Willamette Valley, Oregon, required under section 8220(b) of the Water Resources Development Act of 2022 (136 Stat. 3762).
(G) The report on the status of the implementation of real estate administrative fees required under section 1120 of the Water Resources Development Act of 2024 (138 Stat. 3014).
(H) The report summarizing comparisons of the benefit-cost ratios of projects in covered communities required under section 1148(d) of the Water Resources Development Act of 2024 (138 Stat. 3039).
(I) The report on dredge capacity required under section 8205 of the Water Resources Development Act of 2022 (136 Stat. 3754).
(J) The report identifying opportunities for potential exchange of land or flowage easements associated with the Lake O’ the Pines, Texas, project, as required under section 1222 of the Water Resources Development Act of 2024 (138 Stat. 3082).
(b) Prior guidance
Not later than 45 days after the date of enactment of this Act, the Secretary shall issue guidance regarding each of the following:
(1) Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)).
(2) Section 444 of the Water Resources Development Act of 1996 (110 Stat. 3747; 113 Stat. 286; 138 Stat. 3149).
(3) Section 8132 of the Water Resources Development Act of 2022 (33 U.S.C. 2238e).
(4) Section 1129 of the Water Resources Development Act of 2024 (138 Stat. 3018).
(5) Section 1148 of the Water Resources Development Act of 2024 (138 Stat. 3039).
Section 143. Ability to pay
Section 1139(c) of the Water Resources Development Act of 2024 (138 Stat. 3026) is amended—
(1) in the matter preceding paragraph (1), by inserting and studies after projects; and
(2) by adding at the end the following:
(17) The project for flood risk management, Big Island Local Flood Protection Project, Illinois, authorized pursuant to section 203 of the Flood Control Act of 1968 (82 Stat. 742).
(18) The project for shoreline erosion management, Hickman Bluff Stabilization, Kentucky, authorized by section 3071 of the Water Resources Development Act of 2007 (121 Stat. 1124).
(19) The study for the project for ecosystem restoration, Lower Osage River Basin, Missouri, authorized by section 201 of the Water Resources Development Act of 2020 (134 Stat. 2670).
(20) The project for ecosystem restoration, Lower Blackstone River, Rhode Island, described in section 8361 of the Water Resources Development Act of 2022 (136 Stat. 3804).
(21) The study for the reallocation of water supply storage, Aquilla Lake, Texas, carried out in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), authorized by section 202(e) of the Water Resources Development Act of 2020 (134 Stat. 2675).
(22) The study to modify the 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 144. Pilot program prioritization
Section 118(h) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended by adding at the end the following:
(10) The project for flood risk management, Big Island Local Flood Protection Project, Illinois, authorized pursuant to section 203 of the Flood Control Act of 1968 (82 Stat. 742).
(11) The project for shoreline and riverine protection and restoration, Passumpsic River watershed, Vermont, authorized by section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332).
(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 storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, authorized by section 8315 of the Water Resources Development Act of 2022 (136 Stat. 3783).
(2) Project for reallocation of water supply storage, Greers Ferry Lake, Arkansas, authorized pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
(3) Project for flood control and allied purposes, Homer Navigation Improvements, Alaska, authorized pursuant to section 204 of the Flood Control Act of 1948 (62 Stat. 1181).
(4) Project for navigation, Port of Nome Modifications, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733).
(5) Project for flood risk management, Cave Buttes Dam, Phoenix, Arizona, authorized by section 1201(a)(1) of the Water Resources Development Act of 2018 (132 Stat. 3802).
(6) Project for flood risk management, McMicken Dam and Trilby Wash, Maricopa County, Arizona, authorized by section 8201 of the Water Resources Development Act of 2022 (136 Stat. 3744; 138 Stat. 3065).
(7) Project for ecosystem restoration, Rio Salado Oeste, Phoenix, Arizona, authorized pursuant to section 6 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1225).
(8) Project for flood risk management, Yavapai County, in the vicinity of the City of Cottonwood, Arizona, authorized by section 1201(a)(1) of the Water Resources Development Act of 2024 (138 Stat. 3050).
(9) Project for flood control and other purposes, Calaveras River and Littlejohn Creek and tributaries, California, authorized by section 10 of the Act of December 22, 1944 (chapter 665, 58 Stat. 902; 138 Stat. 3058).
(10) Project for flood risk management, water supply, and ecosystem restoration, Chowchilla River, Ash Slough, and Berenda Slough, Madera County, California, authorized by section 6 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1595; 52 Stat. 1225; 138 Stat. 3059).
(11) Project for flood control, water conservation, environmental restoration, water supply, and related purposes, Coyote Valley Dam, California, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 177; 130 Stat. 1682; 132 Stat. 3803; 134 Stat. 2672; 136 Stat. 3835; 138 Stat. 3065).
(12) Project for ecosystem restoration and water supply conservation and recharge, Eastman Lake, California, authorized by section 1201(a)(4) of the Water Resources Development Act of 2024 (138 Stat. 3050).
(13) Project for flood control, environmental restoration, and recreation, Murrieta Creek, California, authorized by section 103 of title I of appendix B of Public Law 106–377 (114 Stat. 1441A–65; 136 Stat. 3786).
(14) Project for ecosystem restoration, City of Petaluma, California, authorized by section 8201(a)(6) of the Water Resources Development Act of 2022 (136 Stat. 3745).
(15) Project for ecosystem restoration, water supply, and recreation, Pine Flat Dam, Fresno County, California, authorized by section 1201(a)(7) of the Water Resources Development Act of 2024 (138 Stat. 3050).
(16) Project for flood control, Redbank and Fancher Creeks, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4112).
(17) Project for flood risk management and ecosystem restoration, Salinas River, California, authorized by section 1201(a)(9) of the Water Resources Development Act of 2024 (138 Stat. 3050).
(18) Project for flood risk management, including sea level rise, San Diego Bay, California, authorized by section 1201(a)(11) of the Water Resources Development Act of 2024 (138 Stat. 3050).
(19) Project for flood risk management, including stormwater runoff reduction, City of San Mateo, California, authorized by section 1201(a)(14) of the Water Resources Development Act of 2024 (138 Stat. 3051).
(20) Project for ecosystem restoration, Central and South Florida, Comprehensive Everglades Restoration Program, Lake Okeechobee Watershed Restoration, Florida, authorized pursuant to section 601(d)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1179; 134 Stat. 2673; 136 Stat. 3761; 138 Stat. 3067).
(21) Project for flood risk management, water supply, ecosystem restoration, recreation, and related purposes, Lake Istokpoga, Florida, authorized pursuant to section 8214 of the Water Resources Development Act of 2022 (136 Stat. 3759).
(22) Project for ecosystem restoration, Lake Runnymede, Florida, authorized by section 8201(a)(16) of the Water Resources Development Act of 2022 (136 Stat. 3745).
(23) Project for ecosystem restoration and flood risk management, Lake Tohopekaliga, Florida, authorized by section 8201(a)(19) of the Water Resources Development Act of 2022 (136 Stat. 3745).
(24) Project for hurricane and storm damage risk reduction and ecosystem restoration in the vicinity of MacDill Air Force Base, City of Tampa, Florida, authorized by section 1201(a)(37) of the Water Resources Development Act of 2024 (138 Stat. 3052).
(25) Project for hurricane and storm damage risk reduction, Port Tampa Bay, Florida, including McKay Bay, authorized by section 8201(a)(18) of the Water Resources Development Act of 2022 (136 Stat. 3745).
(26) Project for flood risk management, ecosystem restoration, and water storage, Shingle Creek and Kissimmee River, Osceola County, Florida, authorized by section 201(a)(5) of the Water Resources Development Act of 2020 (134 Stat. 2670; 136 Stat. 3749).
(27) 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, and required to be expedited by section 1203(a)(14) of the Water Resources Development Act of 2024 (138 Stat. 3065).
(28) Project for local flood protection, Hanapēpē River, island of Kaua‘i, Hawaii, authorized by section 10 of the Act of December 22, 1944 (chapter 665, 58 Stat. 903; 138 Stat. 3060).
(29) Project for flood risk management, Kaiaka-Waialua watershed, O‘ahu, Hawaii, authorized pursuant to section 1201(a)(45) of the Water Resources Development Act of 2024 (138 Stat. 3052).
(30) Project for flood risk management and coastal storm risk management, County of Kaua‘i, Hawaii, authorized pursuant to section 1201(a)(46) of the Water Resources Development Act of 2024 (138 Stat. 3052).
(31) Project for flood risk management and ecosystem restoration, County of Maui, Hawaii, authorized by section 1201(a)(47) of the Water Resources Development Act of 2024 (138 Stat. 3052).
(32) Project for flood control and allied purposes, Wailupe Stream, ‘Āina Haina, Honolulu, Hawaii, authorized pursuant to section 209 of the Flood Control Act of 1962 (76 Stat. 1197).
(33) Project for flood risk management, Waimea River, County of Kaua‘i, Hawaii, authorized pursuant to section 216 of the Flood Control Act of 1970 (84 Stat. 1830).
(34) Project for flood risk management, Hoosic River, Massachusetts, authorized pursuant to the resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on December 2, 2010 (docket number 2828), for environmental restoration, streambank stabilization, flood risk management, watershed management, floodplain management, and other allied purposes.
(35) Project for navigation, Saginaw River, Michigan, authorized pursuant to section 456 of the Water Resources Development Act of 1999 (113 Stat. 332).
(36) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan, authorized by section 8201(a)(46) of the Water Resources Development Act of 2022 (136 Stat. 3747).
(37) Project for ecosystem restoration, Lower Osage River Basin, Missouri, authorized by section 201(a)(16) of the Water Resources Development Act of 2020 (134 Stat. 2670).
(38) Project for flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of the Passes to Cape Girardeau, Missouri, authorized by the first section of the Act of May 15, 1928 (chapter 569, 45 Stat. 534; 138 Stat. 3060).
(39) Project for flood risk management, Berry’s Creek, New Jersey, authorized by section 1201(a)(91) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(40) Project for flood risk management, Fleischer Brook, New Jersey, authorized by section 1201(a)(92) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(41) Project for flood risk management and hydropower, Great Falls Raceway, Paterson, New Jersey, authorized by section 1201(a)(93) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(42) General reevaluation report for project for flood risk management, Green Brook Sub-basin, Raritan River Basin, New Jersey, authorized by section 401 of the Water Resources Development Act of 1986 (100 Stat. 4119; 134 Stat. 2671; 138 Stat. 3066).
(43) General reevaluation report for the project for hurricane and storm damage, Hereford Inlet to Cape May Inlet, Cape May County, New Jersey, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1712).
(44) Project for flood risk management, Ho-Ho-Kus Brook and Saddle River, Village of Ridgewood, New Jersey, authorized by section 1201(a)(98) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(45) Project for flood risk management and ecosystem restoration, Passaic River Basin, Bergen, Essex, Hudson, Morris, and Passaic Counties, New Jersey, authorized by section 1201(a)(95) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(46) Project for navigation and flood risk management, Passaic River, Paterson, New Jersey, authorized by section 1201(a)(96) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(47) Project for navigation, Borough of Paulsboro, New Jersey, authorized by section 1201(a)(97) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(48) 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).
(49) Project for flood risk management, Whippany River Watershed, Morris County, New Jersey, authorized by section 8201(a)(59) of the Water Resources Development Act of 2022 (136 Stat. 3747).
(50) Project for flood risk management, Wolf Creek, New Jersey, authorized by section 1201(a)(99) of the Water Resources Development Act of 2024 (138 Stat. 3055).
(51) Project for storm damage reduction, to include additional replacement of beach groins, Long Beach, New York, authorized by section 101(a)(21) of the Water Resources Development Act of 1996 (110 Stat. 3665; 138 Stat. 3061).
(52) Project for ecosystem restoration, Great Salt Lake, Utah, authorized by section 8201(a)(88) of the Water Resources Development Act of 2022 (136 Stat. 3749).
(53) Project for coastal storm risk management, Virginia Coastal Storm Risk Management, authorized pursuant to the Act of June 15, 1955 (chapter 140, 69 Stat. 132).
(b) Study reports
The Secretary shall expedite the completion of a final report of the Chief of Engineers or other decision document, as applicable, for each of the following projects for the project to be considered for authorization:
(1) Project for flood risk management, Selma Flood Risk Management and Bank Stabilization, Alabama, authorized by section 8401(2) of the Water Resources Development Act of 2022 (136 Stat. 3839).
(2) Project for ecosystem restoration, Salt River (Va Shly’Ay Akimel), Maricopa County, Arizona, as authorized by section 6 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1225).
(3) Study for repairs to recontour and stabilize the slope at Dardanelle Lock and Dam, Arkansas, authorized pursuant to section 7 of the Act of July 24, 1946 (chapter 595, 60 Stat. 640).
(4) Project for ecosystem restoration and recreation, Los Angeles River, California, as authorized by section 1407(7) of the Water Resources Development Act of 2016 (130 Stat. 1714).
(5) Project for flood risk reduction, San Francisco Bay, California, authorized by section 142 of the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat. 4158; 134 Stat. 2672; 138 Stat. 3136).
(6) Project for ecosystem restoration, Central and South Florida, Comprehensive Everglades Restoration Program, Central Everglades Planning Project, Florida, authorized pursuant to section 601(d)(2)(b) of the Water Resources Development Act of 2000 (114 Stat. 2684; 110 Stat. 3767; 114 Stat. 2680; 121 Stat. 1052; 128 Stat. 1369; 130 Stat. 1713; 132 Stat. 3819; 136 Stat. 3791; 138 Stat. 3067).
(7) Project for navigation, Port Everglades, Florida, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709; 136 Stat. 3792).
(8) Project for flood risk management and resiliency, Lower Missouri Jefferson City L–142 Flood Risk Management Study, Lower and Upper Missouri River Comprehensive Flood Protection, Missouri, authorized by section 2 of the Act of August 18, 1941 (chapter 377, 55 Stat. 646; 58 Stat. 897; 134 Stat. 2687).
(9) Project for flood and storm damage reduction, New York and New Jersey Harbor and Tributaries, New York and New Jersey, as authorized by the Act of June 15, 1955 (chapter 140, 69 Stat. 132; 134 Stat. 2676; 138 Stat. 3152).
(10) 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; 138 Stat. 3083).
(11) Project for hurricane and storm damage reduction, navigation, and ecosystem restoration, Chincoteague Island, Virginia, authorized by section 1201(27) of the Water Resources Development Act of 2016 (130 Stat. 1683).
(c) Watershed and river basin assessments
The Secretary shall expedite the completion of an assessment under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a) for Lower Rouge River Watershed, Michigan.
(d) Dredged materials management plans
The Secretary shall expedite the completion of a dredged material management plan for each of the following projects:
(1) Homer Small Boat Harbor, Homer, Alaska, authorized pursuant to section 204 of the Flood Control Act of 1948 (62 Stat. 1181).
(2) Ashtabula Harbor, Ohio, authorized by the first section of the Act of June 3, 1896 (chapter 314, 29 Stat. 209).
(3) Cleveland Harbor, Ohio, authorized by the first section of the Act of August 14, 1876 (chapter 267, 19 Stat. 133; 100 Stat. 4095; 101 Stat. 1329–107).
(e) Water control manuals
The Secretary shall, to the maximum extent practicable, expedite completion of updates to the water control manuals at the Terminus Dam and Lake Kaweah Project, Kaweah River, California, authorized by section 10 of the Act of December 22, 1944 (chapter 665, 58 Stat. 901).
(f) Issues Evaluation Studies
The Secretary shall expedite the completion of the Issues Evaluation Study for Black Butte Lake, Stoney Creek, California, authorized pursuant to the Act of December 22, 1944 (chapter 665, 58 Stat. 900).
(a) Unalaska (Dutch Harbor), Alaska modification
The feasibility study for navigation, Unalaska (Dutch Harbor) Channels, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2734) is modified to authorize the Secretary to include in the study coastal storm risk management and shoreline erosion protection.
(b) Alexandria to the Gulf of Mexico, Louisiana
The feasibility 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, as authorized by section 1202(4) of the Water Resources Development Act of 2024 (138 Stat. 3064), is modified to include Vermilion Bay.
(c) Expedited completion
The Secretary shall expedite the completion of the feasibility studies described in subsections (a) and (b), as modified by such subsections, and if the Secretary determines that a project that is the subject of the feasibility study described in subsection (a) or (b) is justified in the completed report, may proceed directly to preconstruction planning, engineering, and design of the project.
(b) 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)).
(d) Southern Florida Water Management District, Central and Southern Florida Flood Resiliency Study (Broward Basins), Florida
The Secretary shall expedite the review and coordination of the Central and Southern Florida Resiliency Study—Broward Basins for the project for flood risk management, Southern Florida Water Management District, Florida, 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, and biennially thereafter for a period of 10 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 describing the use of the procedures under part 234 of title 33, Code of Federal Regulations, issued pursuant to section 110 of the Water Resources Development Act of 2020 (42 U.S.C. 1962–4), with respect to ongoing feasibility studies for water resources development projects.
(2) Inclusion
The Secretary shall include in the report submitted under paragraph (1)—
(A) a project-by-project identification of any feasibility study carried out in accordance with the procedures described in paragraph (1) and an identification of, and rationale for, any study carried out during the period applicable to the report that was not developed using such procedures;
(B) an evaluation of the outcomes of such procedures on the formulation, evaluation, and recommendations for a proposed water resources development project; and
(C) a summary of stakeholder engagement and public input received related to the formulation, evaluation, and recommendation of the project.
(b) Report on impacts of commercial and industrial water supply users on water resources development projects
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 effects of new commercial and industrial water users on water resources development projects authorized for the purpose of water supply or water conservation.
(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 detailing the implementation of forecast-informed reservoir operations at 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).
(2) Contents
The Secretary shall include in the report submitted under paragraph (1)—
(A) a list of projects at which forecast-informed reservoir operations have been implemented or evaluated and, with respect to any project for which such operations were evaluated but not implemented, a rationale for why the operations were not implemented at each such project;
(B) a list of projects at which the viability of using airborne snow observatory flights has been implemented or evaluated for use in forecast-informed reservoir operations and, with respect to any project for which such operations were evaluated but not implemented, a rationale for why the operations were not implemented at each such project;
(C) an assessment of the effectiveness of such operations in improving water supply and flood risk management, and other authorized project purposes;
(D) any barriers to implementation of forecast-informed reservoir operations, including technical, operational, or legal constraints; and
(E) recommendations for any modifications to existing authorities to expand or improve such operations.
(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 floating cabins, including—
(A) a summary of any authorities and procedures the Secretary uses to manage activities or permissions relating to floating cabins;
(B) identification of any laws, regulations, administrative barriers, or other limitations that prohibit or inhibit greater use of, or installation of new, floating cabins;
(C) recommendations of the Secretary with respect to changes the Secretary may implement to facilitate greater use of, or installation of new, floating cabins; and
(D) with respect to each recommendation identified under subparagraph (C)—
(i) the estimated cost to the Corps of Engineers to implement, and operate under, such change; and
(ii) a detailed description of any effects, including benefits, that such change is expected to have on—
(I) any operations at water resources development projects operated and maintained by the Corps; and
(II) the mission of the Corps as it relates to recreation.
(2) Floating cabin defined
In this subsection, the term floating cabin means a floating cabin, as such term is defined in section 1035 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1234), that is located on waters subject to the jurisdiction of the Secretary, including Federal water resources reservoirs or lake projects administered by the Secretary.
(e) Report on easements for hurricane and storm damage reduction projects
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 implementation of authorities granted in section 1145(d) of the Water Resources Development Act of 2024 (33 U.S.C. 598c(d)), including—
(1) an assessment of any administrative actions taken (including any guidance issued, policy changes made, or process improvements implemented) by the Secretary to implement such section;
(2) a summary of the use of each authority used by the Secretary in carrying out a project pursuant to such section, including—
(A) the number and types of projects for which each such authority was used;
(B) the status of any easement acquisition, easement relocation, or easement modification activity carried out using each such authority; and
(C) any reduction in project delays or costs, or any reduction in administrative burdens, attributable to the use of each such authority; and
(3) identification of any additional legislative authorities the Secretary determines are necessary to improve project delivery under such section.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the strategic plan required by section 8130(a) of the Water Resources Development Act of 2022 (136 Stat. 3717), developed in accordance with the national goal described in section 125(a)(1)(B) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g(a)(1)(B)).
(2) Failure to meet deadline
If the Secretary fails to submit the strategic plan described in paragraph (1) by the deadline established by such paragraph, the Secretary shall, not later than 225 days after the date of enactment of this Act, 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) a detailed explanation of why the Secretary failed to submit the strategic plan by the deadline;
(B) a summary of the status of the development of the strategic plan, including whether it has been initiated; and
(C) a projected date for submission of the strategic plan.
(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 any statutory, regulatory, or policy limitation on architectural and engineering service fees applicable to water resources development projects carried out under the civil works program of the Corps of Engineers.
(2) Requirements
The Secretary shall include in the report submitted under paragraph (1)—
(A) a description of any limitation applied by the Secretary to architectural and engineering service fees for such projects, including, where applicable, the identification of the authority for the limitation; and
(B) an assessment of the effects of any limitations applied by the Secretary to such fees on the ability of the Secretary to carry out such projects, including a list of projects the cost or schedule of which was affected by such limitations.
(h) Report on realignment of Corps divisions
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 the implications and feasibility of realigning the divisions of the Corps to transfer the responsibilities of the Little Rock District to the Mississippi Valley Division.
(a) In general
The Secretary shall conduct a comprehensive study to evaluate the condition and reliability of water resources development projects within inland and intracoastal waterways of the United States.
(b) Components
In carrying out the study required under subsection (a), the Secretary shall—
(1) examine inland and intracoastal waterways of the United States and the ability of such waterways to meet the needs of the United States, including emergency and defense needs;
(2) investigate the reliability and effectiveness of water resources development projects within such waterways with respect to commerce, navigation, environment, and recreation;
(3) assess the condition of flood control structures (including locks, levees, and dams) along such waterways to determine the structural importance and identify any necessary repairs to maintain future reliability of such waterways;
(4) assess the effectiveness of ecosystem restoration and mitigation efforts within such waterways;
(5) evaluate water resources development projects (including separable elements) within such waterways that will reduce recurring dredging requirements to maintain authorized navigation dimensions of such waterways and prevent channel migration;
(6) assess the funding needed to improve the reliability and effectiveness of water resources development projects within such waterways; and
(7) identify components of water resources development projects that, in case of failure, would likely have significant impacts on the function of such waterways.
(c) 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 study required under subsection (a).
(d) Inland and intracoastal waterways of the United States defined
In this section, the term inland and intracoastal waterways of the United States means the inland and intracoastal waterways described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(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 efforts of the Secretary to share with non-Federal public entities and private nonprofit entities the cost of managing recreation facilities and natural resources at water resource development projects under the jurisdiction of the Secretary.
(2) Requirements
In conducting the review under paragraph (1), the Comptroller General shall—
(A) describe the actions the Secretary is taking, or plans to take, to implement section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328);
(B) evaluate the use of joint management agreements, including cooperative agreements under subsection (b)(1) of such section, and other partnership authorities, that allow the Secretary to share responsibilities with, or transfer or delegate responsibilities to, non-Federal public entities and private nonprofit entities, for the operation and management of recreation facilities and natural resources;
(C) assess the effectiveness of such agreements in reducing Federal costs, improving facility conditions, and maintaining or enhancing public access;
(D) identify any legal, regulatory, or administrative barriers to the expanded use of such agreements; and
(E) develop recommendations for legislative or administrative actions to improve the efficiency and effectiveness of such partnership authorities.
(3) Report
Upon completion of the review required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains the results of such review, including any recommendations developed under paragraph (2)(E).
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis that includes—
(A) the statutory authorities and programs used by, and available to, the Secretary to support beach renourishment cycles, including initial construction, periodic renourishment, and emergency renourishment activities;
(B) an evaluation of financial, regulatory, and technical barriers that contribute to delays in carrying out beach renourishment activities;
(C) a description of the Corps of Engineers process for evaluating the beneficial use of dredged material for beach renourishment activities, including procuring materials from other projects carried out by the Corps of Engineers; and
(D) recommendations for legislative, regulatory, or administrative actions to address barriers identified under subparagraph (B) and to improve the efficiency, predictability, and effectiveness of the beach renourishment efforts of the Corps of Engineers.
(2) Report
Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such analysis.
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the methods by which the Corps of Engineers performs architectural and engineering design services, including—
(A) an analysis of the procurement of such services through contracts with private sector firms;
(B) an assessment of the extent to which employees of the Corps of Engineers carry out such services; and
(C) a comparative assessment of the benefits and costs of the methods described in subparagraphs (A) and (B).
(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 on the findings of such review.
(1) In general
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the compliance of the Secretary with any requirements under, and incorporation of any recommendations submitted to the Secretary pursuant to, the following:
(A) Section 2 of the Fish and Wildlife Coordination Act (16 U.S.C. 662), including technical recommendations related to evaluating impacts to fish and wildlife resources.
(B) State management programs approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455).
(C) State comprehensive plans approved under section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c).
(2) Requirements
In conducting the review under paragraph (1), the Comptroller General shall—
(A) assess the extent to which the Corps of Engineers incorporates any recommendation submitted by a Federal or State agency pursuant to the statutes identified in paragraph (1) in developing a feasibility study for the construction or modification of a water resources development project or an operations or mitigation plan for a water resources development project; and
(B) to the extent that any recommendation is not incorporated, provide a detailed explanation and legal justification as to why such recommendation was not incorporated.
(3) Report
Upon completion of the review required under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of such review.
(1) In general
Not later than 2 years after the date of enactment of this Act, the Engineer Inspector General of the Corps of Engineers 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 related to identifying the inherently governmental function status of Corps of Engineers park rangers.
(2) Contents
In the report submitted under paragraph (1), the Engineer Inspector General shall include—
(A) an assessment of—
(i) the policies, guidance, and practices of the Corps of Engineers for identifying and classifying functions and duties related to environmental management, public safety, and enforcement duties for projects; and
(ii) the extent to which such policies, guidance, and practices comply with the requirements of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note) and other applicable laws, regulations, and guidance governing inherently governmental functions;
(B) an assessment of any risks to environmental management, public safety, enforcement duties, or governmental decisionmaking resulting from the potential misclassification of park ranger functions;
(C) an assessment of Corps of Engineers policies and procedures for distinguishing functions that must be performed by Federal employees from functions that may appropriately be performed by contractors;
(D) an assessment of any potential deficiencies in Corps of Engineers policies, procedures, internal controls, staffing practices, or organizational structures that may impair compliance with applicable requirements governing inherently governmental functions and the effective performance of environmental management, public safety, and enforcement duties; and
(E) any recommendations for administrative or legislative actions necessary to improve compliance with requirements governing inherently governmental functions and the performance of park ranger responsibilities.
(1) In general
Not later than 2 years after the date of enactment of this Act, the Engineer Inspector General of the Corps of Engineers shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the implementation of policies and programs of the Corps of Engineers relating to Tribal communities, including the uniformity of application of such policies and programs across all districts of the Corps of Engineers.
(2) Contents
In the report submitted under paragraph (1), the Engineer Inspector General shall include—
(A) an assessment of the Tribal Liaison position (as established by section 8112 of the Water Resources Development Act of 2022 (33 U.S.C. 2281a)), including a description of how each applicable district office has implemented the position and the responsibilities of such position;
(B) the implementation status of—
(i) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269);
(ii) section 1141 of the Water Resources Development Act of 2024 (33 U.S.C. 2269 note); and
(iii) section 8115 of the Water Resources Development Act of 2022 (33 U.S.C. 2281b note);
(C) an assessment of the Secretary’s alignment with requirements of subsections (c) and (d) of section 112 of the Water Resources Development Act of 2020 (33 U.S.C. 2356) with respect to Tribal communities;
(D) an assessment of the alignment of the Secretary’s guidance, guidelines, and policies with clearly stated congressional intent with respect to Tribal communities; and
(E) an evaluation of barriers within the Corps of Engineers that hinder or prohibit successful Tribal engagement, consultation, or partnership.
Section 209. Acceleration of emergency inland navigation projects
In carrying out any authorized inland navigation project, the Secretary shall expedite completion of any modification, repair, or rehabilitation that is subject to an emergency declaration issued by the Secretary, including a non-breach emergency, to ensure continued navigation functionality and structural integrity, including by expediting the completion of investigations, engineering and design, and construction activities necessary to resolve emergency conditions.
Section 210. Assessment of commercial fish landings data
Not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the results of the corrective action plan developed by the Secretary in response to the report of the Comptroller General of the United States, published on April 28, 2025, and titled Army Corps of Engineers: Commercial Fishing Data Could Help Inform Budget Process (GAO–25–107447).
(1) In general
The Secretary, acting through the Director of the Engineer Research and Development Center, shall carry out research and development activities on, and test the effectiveness of, natural infrastructure in dryland streams technologies and approaches to using such technologies in arid, semi-arid, and drought-prone areas.
(2) Considerations
In carrying out subsection (a), the Secretary shall, to the extent practicable—
(A) ensure that the locations where research and development activities and tests are carried out are geographically diverse;
(B) undertake research and development activities and tests that include human-made infrastructure that mimics natural infrastructure, such as rock check dams, beaver dam analogs, gabions, and weirs; and
(C) based on information collected from the carrying out and completion of research and development activities described in paragraph (2), assess the potential uses and effectiveness of such human-made infrastructure with respect to restoring dryland ecosystems, enhancing flood risk reduction efforts, and enhancing water supply, water conservation, and drought resiliency efforts.
(3) Consultation
In carrying out a research and development activity or test under subsection (a), the Secretary may consult with—
(A) the heads of other Federal agencies; and
(B) appropriate State government agencies in States with arid or semi-arid areas.
(4) Summary to Congress
Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available (including on a publicly available website), a written summary of the activities and tests carried out under subsection (a).
(1) In general
The Secretary, acting through the Director of the Engineer Research and Development Center and, as appropriate, in consultation with other Federal agencies and coastal States, shall carry out research and development activities on, and test the effectiveness of, shoreline stabilization, erosion control, and wave energy reduction technologies applicable to coastal areas exposed to flooding and erosion, including flooding and erosional impacts associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body.
(2) Considerations
In carrying out paragraph (1), the Secretary shall—
(A) to the maximum extent practicable, ensure that research and development activities and testing are carried out in diverse geographic locations; and
(B) carry out research and development activities and testing of 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))), including the use of engineered technologies that mimic natural processes or structures, or approaches that combine natural and engineered elements.
(3) Summary to Congress
Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available (including on a publicly available website) a written summary of the activities carried out under this subsection.
Section 212. Assessment of nonstructural approaches to flood risk management and hurricane and storm risk reduction
Not later than 6 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 following projects:
(1) The project for flood risk management and ecosystem restoration, Bergen, Essex, Hudson, Morris, and Passaic Counties, New Jersey, including as it relates to buyouts in the Township of Wayne, Passaic County, New Jersey, authorized pursuant to section 101(a)(18) of the Water Resources Development Act of 1990 (104 Stat. 4607).
(2) The project for flood risk management, Township of Denville, New Jersey, being carried out pursuant to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(3) The project for flood control, Green Brook Sub-basin, Raritan River Basin, New Jersey, authorized by section 401 of the Water Resources Development Act of 1986 (100 Stat. 4119; 134 Stat. 2671).
(4) The project for hurricane and storm damage reduction, New Jersey Back Bays, Cape May, Ocean, Atlantic, Monmouth, and Burlington Counties, authorized by resolutions of the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, approved in December 1987.
(5) The project for hurricane and storm damage risk reduction, Fire Island Inlet to Montauk Point, New York, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738).
(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 Catron and Grant Counties, New Mexico, impacted by the June 2025 wildfires.
(2) Areas of Valencia County, New Mexico, impacted by the June 2025 wildfires.
(3) Areas near Ruidoso, New Mexico, impacted by the June 2024 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 Representatives 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).
Section 214. Updated plan on Federal hopper dredge recapitalization
Not later than 90 days after the date of enactment of this Act, the Secretary shall—
(1) with respect to Federal hopper dredges identified in the analysis of the Corps of Engineers titled Hopper Dredge Recapitalization Analysis (published June 20, 2017) and owned and operated by the Corps of Engineers as of the date of enactment of this Act, update the plan and timeline for recapitalization of such Federal hopper dredges that is included in such analysis; and
(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate such updated plan and timeline.
(a) In general
For purposes of carrying out the study of improvements for flood control, water quality, water supply, drought management, and fish and wildlife enhancement authorized by the Congressional Committee Resolution adopted April 24, 1990, by the Committee on Environment and Public Works of the Senate (relating to the Choctawhatchee and Pea River Basins, Alabama and Florida, as described in House Document 242, 72d Congress, 1st session), and any related review conducted pursuant to the Congressional Committee Resolution adopted August 1, 1990, by the Committee on Public Works and Transportation of the House of Representatives (relating to the Pea River watershed, Alabama), the Secretary shall—
(1) develop a scope of work, including a communications plan, in collaboration with the non-Federal interest, that is in accordance with the intent of such authorizing documents and, to the extent practicable, meets the objectives of the non-Federal interest;
(2) include in the study area the entire Choctawhatchee River basin and Pea River basin, and all hydrologically connected downstream receiving waters, in the States of Alabama and Florida; and
(3) coordinate, as practicable, with relevant State, local, and Tribal entities in Alabama and Florida and with appropriate Federal agencies.
(b) Applicability
This section shall apply to any feasibility study carried out pursuant to the authorizations described in subsection (a).
(a) In general
The Secretary shall carry out an assessment of the long-term viability of existing dredged material placement areas for Mobile Harbor, including State-owned upland dredged materials disposal facilities.
(b) Beneficial use
In carrying out the assessment under subsection (a), the Secretary shall include recommendations for the beneficial use of dredged materials from Mobile Harbor, including the viability of using such dredged materials at locations on Pinto Island and Blakeley Island in Mobile, Alabama.
Section 217. Honolulu Harbor, Hawaii
Not later than 30 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 an update describing the status of the study to modify the project for navigation, Honolulu Harbor, Hawaii, authorized by the first section of the Act of March 3, 1905 (chapter 1482, 33 Stat. 1146; 136 Stat. 3750; 138 Stat. 3064), including the status of the assessment of the benefits of the project modification on disaster resiliency and enhanced national security from utilization of the harbor by the Department of Defense authorized by section 1202(3) of the Water Resources Development Act of 2024 (138 Stat. 3064).
(a) In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an assessment of the Calumet Harbor Dredged Material Disposal Facility, also known as the Chicago Area Confined Disposal Facility, authorized pursuant to section 123 of the River and Harbor Act of 1970 (84 Stat. 1823).
(b) Inclusion
The Secretary shall include in the assessment under subsection (a)—
(1) a description of work related to the ongoing and future dredging of the Calumet River and Harbor;
(2) a plan for carrying out activities related to the closure of the Chicago Area Confined Disposal Facility, not later than 1 year after the date of enactment of this Act, including remediation, capping, seeding, and other measures necessary to stabilize the facility and ensure that the site of the facility is prepared for the authorized use of such site after such closure;
(3) a plan of actions to be taken to ensure conveyance of the Chicago Area Confined Disposal Facility to the Chicago Park District in a timely fashion after the completion of closure activities carried out pursuant to the plan under paragraph (2); and
(4) a plan of actions to be taken to ensure the Secretary coordinates with State and local governments in carrying out this section.
Section 219. Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois
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—
(1) the results of an assessment to identify any contaminated sediments associated with the project for ecosystem restoration, Great Lakes and Mississippi River Interbasin Study—Brandon Road, Will County, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740); and
(2) a plan, developed in coordination with the non-Federal interest for such project, to remediate such sediments simultaneously with construction of the project.
Section 220. Columbia Lock and Dam, Louisiana
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the Columbia Lock and Dam, Louisiana, authorized by the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat. 357), that includes—
(1) a description of the nature and extent of the structural concerns that resulted in the declaration by the Secretary in August, 2024, of a non-breach emergency at the lock and dam;
(2) a summary of actions taken by the Corps of Engineers to address such concerns, including interim operational or emergency measures;
(3) recommended permanent remedial actions necessary to ensure continued navigation functionality and structural integrity;
(4) an evaluation of whether such recommended permanent remedial actions may be implemented as discrete, segmented projects or phases, including an assessment of—
(A) the technical feasibility of such segmentation;
(B) potential cost efficiencies or risk reduction associated with phased implementation; and
(C) the extent to which segmentation could accelerate completion of critical repairs; and
(5) an estimated schedule and cost range for implementation of such recommended permanent remedial actions, including any segmented or phased approach identified based on the evaluation under paragraph (4).
Section 221. Lower Mississippi River Comprehensive Management Study
The Secretary shall expedite completion of the Lower Mississippi River Comprehensive Management Study, authorized by section 213 of the Water Resources Development Act of 2020 (134 Stat. 2684; 136 Stat. 3795).
(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 of a portion of the project for navigation, Cape Cod Canal, Massachusetts, authorized by the first section of the Act of August 30, 1935 (chapter 831, 49 Stat. 1029), that the Secretary determines—
(1) is not needed to carry out the authorized purposes of the project; and
(2) could be conveyed to the Town of Sandwich or the Town of Bourne, Massachusetts, for the construction of a new wastewater treatment plant.
(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) Expedite assessment
The Secretary shall expedite the completion of the assessment of the availability of confined aquatic disposal facilities in the New England District region required under section 8128(c) of the Water Resources Development Act of 2022 (136 Stat. 3716).
(b) Submission to Congress
Upon completion of the assessment under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the results of such assessment.
Section 224. Assateague Island, Maryland and Virginia
Section 534(c) of the Water Resources Development Act of 1996 (110 Stat. 3775) is amended by striking $35,000,000 and inserting $45,000,000.
(a) Shoreline management plan
Not later than 18 months after the date of enactment of this Act, the Secretary shall establish a shoreline management plan for the Big Sandy Lake project.
(b) Shoreline use permits
Upon the establishment of a shoreline management plan under subsection (a), the Secretary is authorized to issue to an owner of land adjacent to the Big Sandy Lake project, upon request by the owner and consistent with the shoreline management plan, a shoreline use permit for activities relating to an existing structure or a new structure on land that is held by the Corps of Engineers for the project and adjacent to the land of the owner.
(1) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the release, transfer, conveyance, or exchange of excess easements, or the conveyance of excess land, held for the Big Sandy Lake project.
(2) Scope
In carrying out the disposition study under paragraph (1), the Secretary shall—
(A) for each segment of shoreline property owned by the Corps of Engineers at the Big Sandy Lake project that corresponds to the width of an adjacent plot of private property, identify—
(i) the appraised value of the segment of shoreline property; and
(ii) a legal description and the acreage of the segment of shoreline property; and
(B) develop recommendations for any restrictions or conditions on any shoreline property at the Big Sandy Lake project that is owned by, or subject to an easement held by, the Corps of Engineers that would be necessary to sustain the authorized purposes of the Big Sandy Lake project if the shoreline property were to be conveyed to, or the easement were to be released, transferred or conveyed to, or exchanged with, a non-Federal entity.
(3) Report
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of the disposition study required under paragraph (1).
(d) Big Sandy Lake project defined
In this section, the term Big Sandy Lake project means the Sandy Lake dam and reservoir, located in Aitkin County, Minnesota, originally authorized as one of the six Mississippi River Headwater reservoirs authorized by the first section of the Act of June 14, 1880 (chapter 211, 21 Stat. 193; 22 Stat. 203).
(1) In general
The Secretary shall conduct a comprehensive study to identify the core sedimentation issues in the Upper Missouri River Basin.
(2) Recommendations
In conducting the study under this subsection, the Secretary may develop recommendations for—
(A) the construction of a water resources development project;
(B) the structural or operational modification of existing water resources development projects, except as provided in subsection (f);
(C) monitoring or adaptive management measures for water resources development projects to respond to changing conditions in the Upper Missouri River Basin;
(D) additional studies focusing on specific geographic areas within the Upper Missouri River Basin;
(E) management plans and actions, to be carried out by responsible Federal agencies, to address or reduce sedimentation in the Upper Missouri River Basin; and
(F) further research on issues with respect to which data or current technology does not allow for immediate solutions.
(b) Continuation of study
The following studies shall be considered a continuation of the study conducted 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 subsection (a).
(2) Any additional study recommended under subsection (a)(2).
(3) Any study spun off from the study conducted under subsection (a), or from an additional study recommended under paragraph (2) of such subsection, before the completion of such study.
(c) Use of existing data
In conducting the study under subsection (a), and in carrying out any study pursuant to subsection (b), the Secretary shall, to the maximum extent practicable and where appropriate, make use of existing data provided to the Secretary by any applicable Federal, State, and local agency, Indian Tribe, non-Federal interest, or other stakeholder, or from any relevant multistate monitoring program.
(1) Limitation
The total cost of the study conducted under subsection (a) shall not exceed $25,000,000.
(e) Deadline
Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains the results of the study conducted under subsection (a), including any recommendations developed under paragraph (2) of such subsection.
(f) Prohibition
In conducting the study under subsection (a), and in carrying out any study pursuant to subsection (b), the Secretary may not consider any changes to the Missouri River Basin Mainstem Reservoir System Master Water Control Manual.
(a) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the release, transfer, conveyance, or exchange of excess easements, or the exchange of excess land, held for flood risk management and operation of 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).
(b) Actions
In carrying out the study required under subsection (a), the Secretary shall—
(1) ensure that the relevant non-Federal interest for the Table Rock Lake project is provided right of first refusal for any potential release, transfer, conveyance, or exchange of excess easements; and
(2) work alongside such non-Federal interest in identifying opportunities for land exchanges, where possible.
(c) 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 of the status of the disposition study required under subsection (a).
Section 228. Table Rock Lake, Missouri and Arkansas
Section 1323 of the Water Resources Development Act of 2024 (138 Stat. 3143) is amended—
(1) by striking subsections (a) and (b) and inserting the following:
(a) Structures
The Secretary shall permit the ongoing presence of an eligible structure at the Table Rock Lake project until the abandonment of the eligible structure.
(b) Sewer or septic systems
The Secretary shall permit the ongoing presence of an eligible sewer or septic system at the Table Rock Lake project until the abandonment or imminent failure of the eligible sewer or septic system.;
(2) in subsection (c)—
(A) in paragraph (1), by striking eligible structure, means the allowance of the structure and inserting eligible structure or eligible sewer or septic system, means the allowance of the structure or sewer or septic system;
(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively;
(C) by striking paragraph (2) and inserting the following:
(2) Eligible sewer or septic system
The term eligible sewer or septic system means a privately owned sewer or septic system that—
(A) as of the date of enactment of the Water Resources Development Act of 2026, is located on fee land or land subject to a flowage easement held by the United States; and
(B) does not impact the reservoir level, water quality, or operations of the Table Rock Lake project.
(3) Eligible structure
The term eligible structure means a structure for human habitation, shed, retaining wall, deck, patio, gazebo, driveway, fence, or similar structure, that, as of the date of enactment of the Water Resources Development Act of 2026, is located—
(A) on fee land or land subject to a flowage easement held by the United States; and
(B) higher than the elevation contour of 936 feet above mean sea level.; and
(D) by inserting before paragraph (6), as so redesignated, the following:
(5) Imminent failure
The term imminent failure means, with respect to an eligible sewer or septic system, a final order by the applicable unit of local government to the owner of an eligible sewer or septic system that such system be replaced.; and
(3) by adding at the end the following:
(d) Savings clause
Nothing in the section shall prevent the Secretary from issuing a shoreline use permit, other applicable permit, easement, or outgrant, consistent with a shoreline management plan or other applicable policy, for a structure, sewer system, or septic system proposed to be built or modified after the date of enactment of the Water Resources Development Act of 2026 at the Table Rock Lake project.
(a) In general
Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy and the People of Cochiti Pueblo, shall initiate an evaluation of the area including the lands adjacent to and including the Cochiti Lake in relation to the early atomic energy program of the United States, including the Manhattan Engineering District, to determine whether the area is eligible to be added to the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers.
(b) Congressional notification
Not later than 1 year after the date of enactment of this Act, 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 results of the evaluation initiated under subsection (a), including—
(1) whether the area referred to in subsection (a) contains contamination that resulted from the early atomic energy program;
(2) whether further remedial action in the area is needed; and
(3) if eligible, the timeline for adding the area to the Formerly Utilized Sites Remedial Action Program.
Section 230. National Academy of Sciences study on Upper Rio Grande Basin
Section 1230 of the Water Resources Development Act of 2024 (138 Stat. 3086) is amended by adding at the end the following:
(d) Implementation updates
Not later than 30 days after the date of enactment of this subsection, and annually thereafter until the report prepared under subsection (a) is completed, 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 an update describing the status of the implementation of this section.
(a) In general
Subject to subsection (b), the Secretary, in coordination with relevant Federal and State agencies and non-Federal interests, may conduct a study on water supply, water storage capacity, and drought resiliency for the regions overlaying the Arbuckle-Timbered Hills Aquifer, Oklahoma.
(b) Components
In carrying out a study under subsection (a), the Secretary shall identify infrastructure needs to support increased water storage in and around the Arbuckle-Timbered Hills Aquifer.
(a) In general
Not later than 180 days after the date of enactment of this section, the Secretary shall issue the report required by section 8220 of the Water Resources Development Act of 2022 (136 Stat. 3762), as modified by this section.
(b) Cost allocation
The Secretary shall include in the report described in subsection (a)—
(1) a review of the cost allocation for capital investments for fish passage, and associated monitoring facilities, constructed or proposed after September 30, 2025, and for operation and expenses related to such capital investments, at the dams, reservoirs, and related facilities of the Willamette Valley hydropower project; and
(2) a description of the relative public value of continued hydropower operations at the Willamette Valley hydropower project compared to flood control and other authorized purposes.
(c) Definition
In this section, the term Willamette Valley hydropower project has the meaning given that term in section 8220(d) of the Water Resources Development Act of 2022 (136 Stat. 3762).
(a) In general
The Secretary shall carry out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for the release, transfer, conveyance, or exchange of excess easements, or the exchange of excess land, held for flood risk management and operation of the Foster Joseph Sayers Reservoir and Dam project, located in Pennsylvania and constructed as one of the flood risk management reservoir projects in the plan for flood protection on the West Branch of the Susquehanna River, Pennsylvania and New York, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1257).
(b) Scope
The disposition study required by subsection (a) shall include—
(1) identification of the minimum real property required for the operation or maintenance of the Foster Joseph Sayers Reservoir and Dam project;
(2) evaluation of the potential effects of the release, transfer, conveyance, or exchange of excess property interests on flood control and recreation missions of the Corps of Engineers; and
(3) identification of the exact legal description and acreage of the property interests, including easements, suitable for conveyance.
(c) 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 of the status of the disposition study required under subsection (a).
Section 234. Humphreys County, Tennessee
The Secretary shall coordinate with representatives of the Natural Resources Conservation Service to expedite completion of watershed planning assistance to Humphreys County, Tennessee, pursuant to the agreement entered into between the Secretary and the Chief of the Natural Resources Conservation Service on November 30, 2022, for such assistance.
(a) Joint assessment
Upon request of the Secretary of Agriculture, the Secretary and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall jointly assess the condition of the Harvey Creek boat ramp at Sam Rayburn Reservoir, San Augustine County, Texas, to identify any repairs to the boat ramp that may be necessary.
(b) Technical assistance to the Forest Service
Upon request of the Secretary of Agriculture, the Secretary shall provide technical and design assistance to the Secretary of Agriculture, acting through the Chief, for any repairs to the boat ramp described in subsection (a) that the Secretary of Agriculture determines necessary based on an assessment under subsection (a).
(a) Tri-Cities disposition study
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 conveyance of covered lands to a covered entity for a public purpose.
(b) Land into trust disposition study
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 transfer of covered lands to the Secretary of the Interior to be taken into trust for the benefit of a covered Tribal entity.
(c) Consultation
To identify the exact location, acreage, and boundaries of the covered lands to be included in a disposition study under this section, the Secretary shall consult with covered entities, covered Tribal entities, and other stakeholders, as applicable.
(d) Contents
In carrying out a disposition study under this section, the Secretary shall—
(1) review and describe the effects, if any, on the authorized purpose of each Corps of Engineers project expected to be affected by a conveyance or transfer, as applicable, of covered lands that are the subject of the study;
(2) identify all Federal easements on such covered lands;
(3) identify all federally owned flood risk management and flood control infrastructure on such covered lands;
(4) identify and describe each new authority needed, if any, to convey or transfer, as applicable, such covered lands;
(5) for each parcel of land within such covered lands, identify and describe any rights-of-way, access easements, flood easements, and other similar legal instruments, agreements, or encumbrances needed to operate and maintain all flood control infrastructure operated and maintained by the Corps of Engineers;
(6) identify and describe any current agreements entered into by the Corps of Engineers and a non-Federal entity for use of, or access to, such covered lands; and
(7) identify any restrictions or conditions on lands proposed for conveyance that the Secretary recommends and determines to be necessary to sustain the authorized purposes of each Corps of Engineers project expected to be affected by a conveyance or transfer, as applicable, of such covered lands.
(e) 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 each disposition study required under this section.
(f) Definitions
In this section:
(1) Covered entity
The term covered entity means—
(A) the City of Kennewick, Washington;
(B) the City of Pasco, Washington;
(C) the City of Richland, Washington;
(D) Benton County, Washington;
(E) Franklin County, Washington; and
(F) the Port Commission of the Port of Pasco, located in the City of Pasco, Washington.
(2) Covered lands
The term covered lands means the shoreline and adjacent lands located along the Columbia River within in the following areas of land owned by the Corps of Engineers:
(A) With respect to the disposition study required in subsection (a)—
(i) the area of approximately 370 acres in Benton County, Washington;
(ii) the area of approximately 465 acres in the City of Kennewick, Washington;
(iii) the area of approximately 350 acres in the City of Pasco, Washington;
(iv) the area of approximately 640 acres in the City of Richland, Washington;
(v) the area of approximately 8 acres within the Port of Pasco, Washington; and
(vi) the area of approximately 520 acres in Franklin County, Washington.
(B) With respect to the disposition study required in subsection (b)—
(i) the area of approximately 200 acres within the Umatilla Indian Reservation;
(ii) the area of approximately 160 acres within the Confederated Tribes and Bands of the Yakama Nation; and
(iii) any additional areas, as determined by the Secretary.
(3) Covered Tribal entity
The term covered Tribal entity means—
(A) the Confederated Tribes of Umatilla Indian Reservation;
(B) the Confederated Tribes and Bands of the Yakama Nation; and
(C) other federally recognized Indian Tribes, as determined appropriate by the Secretary.
(a) In general
The Secretary shall expedite the property conveyances authorized under section 501(i) of the Water Resources Development Act of 1996 (110 Stat. 3752).
(b) Congressional notification
If the Secretary fails to convey any property to the appropriate non-Federal entity pursuant to section 501(i) of the Water Resources Development Act of 1996 within 18 months of the date of enactment of this Act, 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—
(1) which property has not been conveyed;
(2) why such property has not been conveyed; and
(3) of the timeline to convey such property.
(b) Other projects and activities
The Secretary shall, to the maximum extent practicable, expedite completion of the following:
(1) Project for flood risk management, Little Colorado River, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(2) Project for flood damage reduction, Rio de Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576; 121 Stat. 1107; 130 Stat. 1716; 136 Stat. 3833; 138 Stat. 3067) (as modified by this Act).
(3) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).
(4) Project for beach erosion, Surfside Sunset and Newport Beach, Orange County, California, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1177).
(5) 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) Maintenance dredging at the Greenwich Harbor, Connecticut.
(7) Maintenance dredging at the Southport Harbor, Connecticut.
(8) Project for ecosystem restoration, water supply, flood control, and protection of water quality, Central and Southern Florida, Indian River Lagoon, Florida, authorized by section 1001(14) of the Water Resources Development Act of 2007 (121 Stat. 1051).
(9) Comprehensive plan for the purpose of restoring, preserving, and protecting the Northern Estuaries Ecosystem, Florida, authorized by section 8215 of the Water Resources Development Act of 2022 (136 Stat. 3760; 138 Stat. 3138).
(10) Operations and maintenance activities necessary as of the date of enactment of this Act for the project for navigation, Chicago Harbor Lock, Chicago, Illinois, authorized pursuant to the first section of the Act of July 11, 1870 (chapter 240, 16 Stat. 226; 21 Stat. 182; 37 Stat. 217; 40 Stat. 1283; 76 Stat. 1176).
(11) Project for ecosystem restoration, Naval Weapons Station Earle Oyster Reef Restoration, Monmouth County, New Jersey, pursuant to the Hudson-Raritan Estuary Ecosystem Restoration project authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
(12) Project for navigation, Times Beach dike wall repair, Buffalo Harbor, New York, authorized by the Act of May 20, 1826 (chapter 78, 4 Stat. 175).
(13) Maintenance dredging of the project for navigation, Tillamook Bay, Oregon, authorized by the first section of the Act of July 27, 1912 (chapter 254, 37 Stat. 220).
(14) Project for periodic beach nourishment, Presque Isle Peninsula, Erie, Pennsylvania, authorized by section 101 of the Water Resources Development Act of 1976 (90 Stat. 2918).
(15) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, authorized pursuant to section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330; 136 Stat. 3804).
(16) Maintenance dredging at Two Rivers Harbor, Two Rivers, Wisconsin, authorized pursuant to the Act of March 3, 1871 (chapter 118, 16 Stat. 538; 34 Stat. 1101; 49 Stat. 1035; 72 Stat. 298).
(c) Tribal partnership program
The Secretary shall, to the maximum extent practicable, expedite completion of the Pima-Maricopa Irrigation Project, associated with the Gila River Indian Community, Arizona, authorized pursuant to section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269).
Section 501. National Dam Safety Program amendments
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended—
(1) in section 8(e)(4), by striking 2 and inserting 7;
(2) in section 8A(j)(4), by striking 2026 and inserting 2031; and
(3) in section 14(a)(2)(A)(ii)—
(A) in subclause (I), by striking and low-head dams; and
(B) in subclause (II), by striking and low-head dams.