[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 488
115th CONGRESS
2d Session
H. R. 8
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2018
Received
June 26, 2018
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Sense of Congress regarding water resources development
bills.
Sec. 102. Assessment of harbors and inland harbors.
Sec. 103. Levee safety initiative reauthorization.
Sec. 104. Dam safety.
Sec. 105. Rehabilitation of Corps of Engineers constructed dams.
Sec. 106. Forecast-informed reservoir operations.
Sec. 107. Identification of nonpowered dams for hydropower development.
Sec. 108. Emergency response to natural disasters.
Sec. 109. Integrated water resources planning.
Sec. 110. Mitigation banks.
Sec. 111. Indian Tribes.
Sec. 112. Columbia River.
Sec. 113. Dissemination of information.
Sec. 114. Non-Federal engagement and review.
Sec. 115. Comprehensive backlog report.
Sec. 116. Structures and facilities constructed by Secretary.
Sec. 117. Transparency in administrative expenses.
Sec. 118. Study of the future of the United States Army Corps of
Engineers.
Sec. 119. Acknowledgment of credit.
Sec. 120. Non-Federal implementation pilot program.
Sec. 121. Study of water resources development projects by non-Federal
interests.
Sec. 122. Construction of water resources development projects by non-
Federal interests.
Sec. 123. Technical assistance for regional coalitions.
Sec. 124. Advanced funds for water resources development studies and
projects.
Sec. 125. Funding to process permits.
Sec. 126. Study on economic and budgetary analyses.
Sec. 127. Study of corrosion management at Corps of Engineers projects.
Sec. 128. Costs in excess of Federal participation limit.
Sec. 129. Report on innovative materials.
Sec. 130. Study on Corps of Engineers.
Sec. 131. GAO study.
Sec. 132. GAO report on Alaska Native village relocation efforts due to
flooding and erosion threats.
Sec. 133. Study and report on expediting certain waiver processes.
Sec. 134. Corps of Engineers continuing authorities program.
Sec. 135. Credit or reimbursement.
Sec. 136. Lake Okeechobee regulation schedule review.
Sec. 137. Missouri River.
Sec. 138. Access to real estate data.
Sec. 139. Aquatic invasive species research.
Sec. 140. Harmful algal bloom technology demonstration.
Sec. 141. Bubbly Creek, Chicago ecosystem restoration.
Sec. 142. Operation and maintenance of navigation and hydroelectric
facilities.
Sec. 143. Hurricane and storm damage reduction.
Sec. 144. Post-disaster watershed assessments in the territories of the
United States.
Sec. 145. Old River control structure, Louisiana.
Sec. 146. Dredge pilot program.
Sec. 147. Disposition of projects.
Sec. 148. Sense of Congress.
Sec. 149. Community engagement.
Sec. 150. Operation and maintenance of existing infrastructure.
Sec. 151. Clarification for integral determination.
Sec. 152. Cost share payment for certain projects.
Sec. 153. Locks on Allegheny River.
Sec. 154. Assistance relating to water supply.
Sec. 155. Noise pollution abatement and mitigation.
Sec. 156. Property acquisition.
Sec. 157. Sense of Congress on navigation safety.
Sec. 158. Cost and benefit feasibility assessment.
Sec. 159. Study on Stormwater Runoff Requirements.
Sec. 160. Sense of Congress relating to Puerto Rico.
Sec. 161. Dredged material management plans.
Sec. 162. Feasibility of Chicago Sanitary and Ship Canal Dispersal
Barriers Project, Illinois.
Sec. 163. Sense of Congress encouraging non-Federal dredged material
placement sponsors.
Sec. 164. Project completion for disaster areas.
Sec. 165. Inclusion of project or facility in Corps of Engineers
workplan.
Sec. 166. Mississippi River and Tributaries Project.
Sec. 167. Maintenance of high risk flood control projects.
Sec. 168. Contributed funds for non-Federal reservoir operations.
Sec. 169. Corps of Engineers continuing authorities program.
TITLE II--STUDIES
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Additional studies.
Sec. 203. Expedited completion of reports for certain projects.
Sec. 204. Plymouth Harbor, Massachusetts.
Sec. 205. Brandon Road study.
Sec. 206. Houston and Coastal Texas.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Backlog prevention.
Sec. 303. Project modifications.
Sec. 304. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 305. Bridgeport Harbor, Connecticut.
Sec. 306. Conveyances.
Sec. 307. Clatsop County, Oregon.
Sec. 308. Kissimmee River restoration, Central and Southern Florida.
Sec. 309. Lytle and Cajon Creeks, California.
Sec. 310. Yuba River Basin, California.
Sec. 311. Boston harbor reserved channel deauthorizations.
Sec. 312. Continued authorization of certain projects.
Sec. 313. Puget sound nearshore ecosystem restoration.
Sec. 314. Land conveyance.
Sec. 315. Cedar River, Cedar Rapids, Iowa.
Sec. 316. Corps of Engineers bridge repair and divestiture program for
New England evacuation routes.
Sec. 317. Port of Whitman County.
Sec. 318. Hampton Harbor, New Hampshire, navigation improvement
project.
Sec. 319. Portsmouth Harbor and Piscataqua River.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT
BILLS.
It is the sense of Congress that, because the missions of the Corps
of Engineers for navigation, flood control, beach erosion control and
shoreline protection, hydroelectric power, recreation, water supply,
environmental protection, restoration, and enhancement, and fish and
wildlife mitigation benefit all Americans, and because water resources
development projects are critical to maintaining the country's economic
prosperity, national security, and environmental protection, Congress
should consider a water resources development bill not less often than
once every Congress.
SEC. 102. ASSESSMENT OF HARBORS AND INLAND HARBORS.
Section 210(e) of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended--
(1) in paragraph (1), by striking ``shall assess the'' and
inserting ``shall assess, and issue a report to Congress on,
the''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Opportunities for beneficial use of dredged
materials.--In carrying out paragraph (1), the
Secretary shall identify potential opportunities for
the beneficial use of dredged materials obtained from
harbors and inland harbors referred to in subsection
(a)(2), including projects eligible under section 1122
of the Water Resources Development Act of 2016 (130
Stat. 1645; 33 U.S.C. 2326 note).''.
SEC. 103. LEVEE SAFETY INITIATIVE REAUTHORIZATION.
Title IX of the Water Resources Development Act of 2007 (33 U.S.C.
3301 et seq.) is amended--
(1) in section 9005(g)(2)(E)(i), by striking ``2015 through
2019'' and inserting ``2019 through 2023''; and
(2) in section 9008, by striking ``2015 through 2019'' each
place it appears and inserting ``2019 through 2023''.
SEC. 104. DAM SAFETY.
Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j)
is amended by striking ``2015 through 2019'' each place it appears and
inserting ``2019 through 2023''.
SEC. 105. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$10,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (f), by striking ``$10,000,000'' and
inserting ``$40,000,000''.
SEC. 106. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Report on Forecast-Informed Reservoir Operations.--Not later
than one year after the date of completion of the forecast-informed
reservoir operations research study pilot program at Coyote Valley Dam,
Russian River Basin, California (authorized by the River and Harbor Act
of 1950 (64 Stat. 177)), the Secretary shall issue a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate on the results of the study pilot program.
(b) Contents of Report.--The Secretary shall include in the report
issued under subsection (a)--
(1) an analysis of the use of forecast-informed reservoir
operations at Coyote Valley Dam, California;
(2) an assessment of the viability of using forecast-
informed reservoir operations at other dams owned or operated
by the Secretary;
(3) an identification of other dams owned or operated by
the Secretary where forecast-informed reservoir operations may
assist the Secretary in the optimization of future reservoir
operations; and
(4) any additional areas for future study of forecast-
informed reservoir operations.
SEC. 107. IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER DEVELOPMENT.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall develop a list of
existing nonpowered dams owned and operated by the Corps of Engineers
that have the greatest potential for hydropower development.
(b) Considerations.--In developing the list under subsection (a),
the Secretary may consider the following:
(1) The compatibility of hydropower generation with
existing purposes of the dam.
(2) The proximity of the dam to existing transmission
resources.
(3) The existence of studies to characterize environmental,
cultural, and historic resources relating to the dam.
(4) Whether hydropower is an authorized purpose of the dam.
(c) Availability.--The Secretary shall provide the list developed
under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make such list
available to the public.
SEC. 108. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33
U.S.C. 701n(a)(1)) is amended in the first sentence--
(1) by striking ``strengthening, raising, extending, or
other modification thereof'' and inserting ``strengthening,
raising, extending, realigning, or other modification
thereof''; and
(2) by striking ``structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature
to the design level of protection when, in the discretion of
the Chief of Engineers,'' and inserting ``structure or project
damaged or destroyed by wind, wave, or water action of other
than an ordinary nature to either the pre-storm level or the
design level of protection, whichever provides greater
protection, when, in the discretion of the Chief of
Engineers,''.
(b) Duration.--Section 156(e) of the Water Resources Development
Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking ``6 years''
and inserting ``9 years''.
SEC. 109. INTEGRATED WATER RESOURCES PLANNING.
In carrying out a water resources development feasibility study,
the Secretary shall consult with local governments in the watershed
covered by such study to determine if local water management plans
exist, or are under development, for the purposes of stormwater
management, water quality improvement, aquifer recharge, water storage,
or water reuse.
SEC. 110. MITIGATION BANKS.
(a) Definition of Mitigation Bank.--In this section, the term
``mitigation bank'' has the meaning given that term in section 332.2 of
title 33, Code of Federal Regulations.
(b) Guidance.--The Secretary shall issue guidance on the use of
mitigation banks to meet requirements for water resources development
projects in order to update mitigation bank credit release schedules
to--
(1) support the goal of achieving efficient permitting and
maintaining appropriate environmental protections; and
(2) promote increased transparency in the use of mitigation
banks.
(c) Requirements.--The guidance issued under subsection (b) shall--
(1) be consistent with--
(A) part 230 of title 40, Code of Federal
Regulations;
(B) section 906 of the Water Resources Development
Act of 1986 (33 U.S.C. 2283);
(C) part 332 of title 33, Code of Federal
Regulations; and
(D) section 314(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 33 U.S.C. 1344 note); and
(2) provide for--
(A) the mitigation bank sponsor to provide
sufficient financial assurances to ensure a high level
of confidence that the compensatory mitigation project
will be successfully completed, in accordance with
applicable performance standards, under section
332.3(n) of title 33, Code of Federal Regulations;
(B) the mitigation bank sponsor to reserve the
share of mitigation bank credits required to ensure
ecological performance of the mitigation bank, in
accordance with section 332.8(o) of title 33, Code of
Federal Regulations; and
(C) all credits except for the share reserved under
subparagraph (B) to be available upon completion of the
construction of the mitigation bank.
SEC. 111. INDIAN TRIBES.
(a) Cost Sharing Provisions for the Territories and Indian
Tribes.--Section 1156(a)(2) of the Water Resources Development Act of
1986 (33 U.S.C. 2310(a)(2)) is amended by striking ``section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)''
and inserting ``section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e))''.
(b) Written Agreement Requirement for Water Resources Projects.--
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by striking ``a federally recognized Indian tribe
and, as defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602), a Native village, Regional Corporation, and Village
Corporation'' and inserting ``an Indian tribe, as defined in section
4(e) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(e))''.
SEC. 112. COLUMBIA RIVER.
(a) Bonneville Dam, Oregon.--Section 1178(c)(1)(A) of the Water
Resources Development Act of 2016 (130 Stat. 1675) is amended by
striking ``may provide assistance'' and inserting ``may provide
assistance, which may include housing and related improvements,''.
(b) John Day Dam, Washington and Oregon.--
(1) In general.--The Secretary shall, not later than 180
days after the date of enactment of this Act, and in
consultation with the Secretary of the Interior, conduct a
study to determine the extent to which Indian Tribes have been
displaced as a result of the construction of the John Day Dam,
Columbia River, Washington and Oregon, as authorized by section
204 of the Flood Control Act of 1950 (64 Stat. 179), including
an assessment of effects related to housing and related
improvements.
(2) Additional actions.--If the Secretary determines, based
on the study under paragraph (1), that assistance is required,
the Secretary may use all existing authorities of the Secretary
to provide assistance, which may include housing and related
improvements, to Indian Tribes displaced as a result of the
construction of the John Day Dam, Columbia River, Washington
and Oregon.
(3) Repeal.--Section 1178(c)(2) of the Water Resources
Development Act of 2016 (130 Stat. 1675) is repealed.
(c) The Dalles Dam, Washington and Oregon.--The Secretary, in
consultation with the Secretary of the Interior, shall complete a
village development plan for any Indian Tribe displaced as a result of
the construction of the Dalles Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood Control Act of 1950
(64 Stat. 179).
SEC. 113. DISSEMINATION OF INFORMATION.
(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying,
prioritizing, and authorizing vital water resources
infrastructure activities throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent process
to review and prioritize the water resources development
activities of the Corps of Engineers with strong congressional
oversight.
(3) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the
Secretary to develop and submit to Congress each year a Report
to Congress on Future Water Resources Development and, as part
of the annual report process, to--
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposed
feasibility studies and proposed modifications to
authorized water resources development projects and
feasibility studies for inclusion in the report; and
(B) review the proposals submitted and include in
the report those proposed feasibility studies and
proposed modifications that meet the criteria for
inclusion established under such section 7001.
(4) Congress will use the information provided in the
annual Report to Congress on Future Water Resources Development
to determine authorization needs and priorities for purposes of
water resources development legislation.
(5) To ensure that Congress can gain a thorough
understanding of the water resources development needs and
priorities of the United States, it is important that the
Secretary take sufficient steps to ensure that non-Federal
interests are made aware of the new annual report process,
including the need for non-Federal interests to submit
proposals during the Secretary's annual request for proposals
in order for such proposals to be eligible for consideration by
Congress.
(b) Dissemination of Process Information.--The Secretary shall
develop, support, and implement education and awareness efforts for
non-Federal interests with respect to the annual Report to Congress on
Future Water Resources Development required under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
including efforts to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) provide written notice to local elected officials and
previous and potential non-Federal interests on the annual
process and on opportunities to address local water resources
challenges through the missions and authorities of the Corps of
Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources
development projects that satisfy the requirements of such
section 7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.
SEC. 114. NON-FEDERAL ENGAGEMENT AND REVIEW.
(a) Public Notice.--
(1) In general.--Prior to developing and issuing any new or
revised implementation guidance for a covered water resources
development law, the Secretary shall issue a public notice
that--
(A) informs potentially interested non-Federal
stakeholders of the Secretary's intent to develop and
issue such guidance; and
(B) provides an opportunity for interested non-
Federal stakeholders to engage with, and provide input
and recommendations to, the Secretary on the
development and issuance of such guidance.
(2) Issuance of notice.--The Secretary shall issue the
notice under paragraph (1) through a posting on a publicly
accessible website dedicated to providing notice on the
development and issuance of implementation guidance for a
covered water resources development law.
(b) Stakeholder Engagement.--
(1) Input.--The Secretary shall allow a minimum of 60 days
after issuance of the public notice under subsection (a) for
non-Federal stakeholders to provide input and recommendations
to the Secretary, prior to finalizing implementation guidance
for a covered water resources development law.
(2) Outreach.--The Secretary may, as appropriate (as
determined by the Secretary), reach out to non-Federal
stakeholders and circulate drafts of implementation guidance
for a covered water resources development law for informal
feedback and recommendations.
(c) Development of Guidance.--When developing implementation
guidance for a covered water resources development law, the Secretary
shall take into consideration the input and recommendations received
from non-Federal stakeholders, and make the final guidance available to
the public on-line on a publicly accessible website.
(d) Covered Water Resources Development Law.--In this section, the
term ``covered water resources development law'' means--
(1) the Water Resources Reform and Development Act of 2014;
(2) the Water Resources Development Act of 2016;
(3) this Act; and
(4) any Federal water resources development law enacted
after the date of enactment of this Act.
SEC. 115. COMPREHENSIVE BACKLOG REPORT.
Section 1001(b)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 579a(b)(4)) is amended--
(1) in the header, by inserting ``and operation and
maintenance'' after ``backlog'';
(2) by amending subparagraph (A) to read as follows:
``(A) In general.--The Secretary shall compile and
publish--
``(i) a complete list of all projects and
separable elements of projects of the Corps of
Engineers that are authorized for construction
but have not been completed; and
``(ii) a list of major Federal operation
and maintenance needs of projects and
properties under the control of the Corps of
Engineers.'';
(3) in subparagraph (B)--
(A) in the heading, by inserting ``backlog'' before
``information''; and
(B) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``subparagraph
(A)(i)'';
(4) by redesignating subparagraph (C) as subparagraph (D)
and inserting after subparagraph (B) the following:
``(C) Required operation and maintenance
information.--The Secretary shall include on the list
developed under subparagraph (A)(ii), for each project
and property under the control of the Corps of
Engineers on that list--
``(i) the authority under which the project
was authorized or the property was acquired by
the Corps of Engineers;
``(ii) a brief description of the project
or property;
``(iii) an estimate of the Federal costs to
meet the major operation and maintenance needs
at the project or property; and
``(iv) an estimate of unmet or deferred
operation and maintenance needs at the project
or property.''; and
(5) in subparagraph (D), as so redesignated--
(A) in clause (i), in the matter preceding
subclause (I), by striking ``Not later than 1 year
after the date of enactment of this paragraph, the
Secretary shall submit a copy of the list'' and
inserting ``For fiscal year 2019, and biennially
thereafter, in conjunction with the President's annual
budget submission to Congress under section 1105(a) of
title 31, United States Code, the Secretary shall
submit a copy of the lists''; and
(B) in clause (ii), by striking ``list'' and
inserting ``lists''.
SEC. 116. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended
by adding at the end the following:
``(d) Work Defined.--For the purposes of this section, the term
`work' shall not include unimproved real estate owned or operated by
the Secretary as part of a water resources development project if the
Secretary determines that modification of such real estate would not
affect the function and usefulness of the project.''.
SEC. 117. TRANSPARENCY IN ADMINISTRATIVE EXPENSES.
Section 1012(b)(1) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2018, the
Secretary''.
SEC. 118. STUDY OF THE FUTURE OF THE UNITED STATES ARMY CORPS OF
ENGINEERS.
(a) In General.--The Secretary shall enter into an agreement with
the National Academy of Sciences to convene a committee of experts to
carry out a comprehensive study on--
(1) the ability of the Corps of Engineers to carry out its
statutory missions and responsibilities, and the potential
effects of transferring the functions (including regulatory
obligations), personnel, assets, and civilian staff
responsibilities of the Secretary relating to civil works from
the Department of Defense to a new or existing agency or
subagency of the Federal Government, including how such a
transfer might affect the Federal Government's ability to meet
the current statutory missions and responsibilities of the
Corps of Engineers; and
(2) improving the Corps of Engineers' project delivery
processes, including recommendations for such improvements,
taking into account factors including--
(A) the effect of the annual appropriations process
on the ability of the Corps of Engineers to efficiently
secure and carry out contracts for water resources
projects and perform regulatory obligations;
(B) the effect that the current Corps of Engineers
leadership and geographic structure at the division and
district levels has on its ability to carry out its
missions in a cost-effective manner; and
(C) the effect of the frequency of rotations of
senior leaders of the Corps of Engineers and how such
frequency affects the function of the district.
(b) Considerations.--The study carried out under subsection (a)
shall include consideration of--
(1) effects on the national security of the United States;
(2) the ability of the Corps of Engineers to maintain
sufficient engineering capability and capacity to assist
ongoing and future operations of the United States armed
services; and
(3) emergency and natural disaster response obligations of
the Federal Government that are carried out by the Corps of
Engineers.
(c) Consultation.--The agreement entered into under subsection (a)
shall require the National Academy to, in carrying out the study,
consult with--
(1) the Department of Defense, including the Secretary of
the Army and the Assistant Secretary of the Army for Civil
Works;
(2) the Department of Transportation;
(3) the Environmental Protection Agency;
(4) the Department of Homeland Security;
(5) the Office of Management and Budget;
(6) other appropriate Federal agencies;
(7) professional and nongovernmental organizations; and
(8) the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate.
(d) Submission to Congress.--The Secretary shall submit the final
report of the National Academy containing the findings of the study
carried out under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate not later than 2 years after
the date of enactment of this Act.
SEC. 119. ACKNOWLEDGMENT OF CREDIT.
Section 7007(a) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by adding at the end the
following: ``Notwithstanding section 221(a)(4)(C)(i) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)), the Secretary may
provide credit for work carried out during the period beginning on
November 8, 2007, and ending on the date of enactment of the Water
Resources Development Act of 2018 by the non-Federal interest for a
project under this title if the Secretary determines that the work is
integral to the project and was carried out in accordance with the laws
specified in section 5014(i)(2)(A) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1331) and all other applicable
Federal laws.''.
SEC. 120. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
Section 1043(b) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2201 note) is amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``15'' and inserting
``20''; and
(ii) by striking ``prior to the date of
enactment of this Act'';
(B) in subclause (I)--
(i) in the matter preceding item (aa), by
inserting ``that have been authorized for
construction prior to the date of enactment of
this Act and'' after ``not more than 12
projects''; and
(ii) in item (bb), by striking ``; and''
and inserting a semicolon;
(C) in subclause (II)--
(i) by inserting ``that have been
authorized for construction prior to the date
of enactment of this Act and'' after ``not more
than 3 projects''; and
(ii) by striking the semicolon and
inserting ``; and''; and
(D) by adding at the end the following:
``(III) not more than 5 projects
that have been authorized for
construction, but did not receive the
authorization prior to the date of
enactment of this Act;''; and
(2) in subsection (b)(8) by striking ``2015 through 2019''
and inserting ``2019 through 2023''.
SEC. 121. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33
U.S.C. 2231) is amended--
(1) in subsection (a)(1), by inserting ``federally
authorized'' before ``feasibility study'';
(2) by amending subsection (c) to read as follows:
``(c) Submission to Congress.--
``(1) Review and submission of studies to congress.--Not
later than 180 days after the date of receipt of a feasibility
study of a project under subsection (a)(1), the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes--
``(A) the results of the Secretary's review of the
study under subsection (b), including a determination
of whether the project is feasible;
``(B) any recommendations the Secretary may have
concerning the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been submitted under
subsection (a)(1) may not be delayed as a result of
consideration being given to changes in policy or priority with
respect to project consideration.''; and
(3) by amending subsection (e) to read as follows:
``(e) Review and Technical Assistance.--
``(1) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, certifications, and other activities that are the
responsibility of the Secretary in carrying out this section.
``(2) Technical assistance.--At the request of a non-
Federal interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any aspect of
a feasibility study if the non-Federal interest contracts with
the Secretary to pay all costs of providing such technical
assistance.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit under
subsection (d) or reimbursement.
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either substantively
or procedurally.''.
SEC. 122. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
Section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``federally authorized''
before ``water resources development project'';
(B) in paragraph (2)(A), by inserting ``, except as
provided in paragraph (3)'' before the semicolon; and
(C) by adding at the end the following:
``(3) Permit exception.--
``(A) In general.--For a project described in
subsection (a)(1) or subsection (a)(3), or a separable
element thereof, with respect to which a written
agreement described in subparagraph (B) has been
entered into, a non-Federal interest that carries out a
project under this section shall not be required to
obtain any Federal permits or approvals that would not
be required if the Secretary carried out the project or
separable element unless significant new circumstances
or information relevant to environmental concerns or
compliance have arisen since development of the project
recommendation.
``(B) Written agreement.--For purposes of this
paragraph, a written agreement shall provide that the
non-Federal interest shall comply with the same legal
and technical requirements that would apply if the
project or separable element were carried out by the
Secretary, including all mitigation required to offset
environmental impacts of the project or separable
element as determined by the Secretary.
``(C) Certifications.--Notwithstanding subparagraph
(A), if a non-Federal interest carrying out a project
under this section would, in the absence of a written
agreement entered into under this paragraph, be
required to obtain a certification from a State under
Federal law to carry out the project, such
certification shall still be required if a written
agreement is entered into with respect to the project
under this paragraph.'';
(2) by amending subsection (c) to read as follows:
``(c) Studies and Engineering.--
``(1) In general.--When requested by an appropriate non-
Federal interest, the Secretary shall undertake all necessary
studies, engineering, and technical assistance on construction
for any project to be undertaken under subsection (b), and
provide technical assistance in obtaining all necessary permits
for the construction, if the non-Federal interest contracts
with the Secretary to furnish the United States funds for the
studies, engineering, or technical assistance on construction
in the period during which the studies, engineering, or
technical assistance on construction are being conducted.
``(2) No waiver.--Nothing in this section may be construed
to waive any requirement of section 3142 of title 40, United
States Code.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit or
reimbursement under subsection (d).
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either substantively
or procedurally.''; and
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (B)(ii), by striking
the period at the end and inserting ``; and'';
and
(iii) by adding at the end the following:
``(C) in the case of reimbursement, appropriations
are provided by Congress for such purpose.''; and
(B) in paragraph (5)--
(i) by striking ``flood damage reduction''
each place it appears and inserting ``water
resources development'';
(ii) in subparagraph (A), by striking ``for
a discrete segment of a'' and inserting ``for
carrying out a discrete segment of a federally
authorized''; and
(iii) in subparagraph (D), in the matter
preceding clause (i), by inserting ``to be
carried out'' after ``project''.
SEC. 123. TECHNICAL ASSISTANCE FOR REGIONAL COALITIONS.
Section 22(a)(1) of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16(a)(1)) is amended to read as follows:
``(1) Comprehensive plans.--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State, group of States, non-Federal interest
working with a State or group of States, or regional coalition
of governmental entities in the preparation of comprehensive
plans for the development, utilization, and conservation of the
water and related resources of drainage basins, watersheds, or
ecosystems located within the boundaries of such State,
interest, or entity, including plans to comprehensively address
water resources challenges, and to submit to Congress reports
and recommendations with respect to appropriate Federal
participation in carrying out such plans.''.
SEC. 124. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND
PROJECTS.
(a) Contributions by States and Political Subdivisions for
Immediate Use on Authorized Flood-Control Work; Repayment.--The Act of
October 15, 1940 (54 Stat. 1176; 33 U.S.C. 701h-1) is amended--
(1) by striking ``a flood-control project duly adopted and
authorized by law'' and inserting ``a federally authorized
water resources development project,'';
(2) by striking ``such work'' and inserting ``such
project'';
(3) by striking ``from appropriations which may be provided
by Congress for flood-control work'' and inserting ``if
appropriations are provided by Congress for such purpose''; and
(4) by adding at the end the following: ``For purposes of
this Act, the term `State' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Indian tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(e))).''.
(b) No Adverse Effect on Processes.--In implementing any provision
of law that authorizes a non-Federal interest to provide, advance, or
contribute funds to the Secretary for the development or implementation
of a water resources development project (including sections 203 and
204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231,
2232), section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), and the
Act of October 15, 1940 (33 U.S.C. 701h-1)), the Secretary shall
ensure, to the maximum extent practicable, that the use by a non-
Federal interest of such authorities does not adversely affect--
(1) the process or timeline for development and
implementation of other water resources development projects by
other non-Federal entities that do not use such authorities; or
(2) the process for including such projects in the
President's annual budget submission to Congress under section
1105(a) of title 31, United States Code.
(c) Advances by Private Parties; Repayment.--Section 11 of the Act
of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed.
SEC. 125. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively; and
(2) in paragraph (4), as so redesignated--
(A) by striking ``4 years after the date of
enactment of this paragraph'' and inserting ``December
31, 2022''; and
(B) by striking ``carry out a study'' and inserting
``carry out a followup study''.
SEC. 126. STUDY ON ECONOMIC AND BUDGETARY ANALYSES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into an agreement with
the National Academy of Sciences to--
(1) carry out a study on the economic principles and
analytical methodologies currently used by or applied to the
Corps of Engineers to formulate, evaluate, and budget for water
resources development projects; and
(2) make recommendations to Congress on potential changes
to such principles and methodologies to improve transparency,
return on Federal investment, cost savings, and prioritization,
in the formulation, evaluation, and budgeting of such projects.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of the current economic principles and
analytical methodologies used by or applied to the Corps of
Engineers in determining the total benefits and total costs
during the formulation of, and plan selection for, a water
resources development project;
(2) an analysis of improvements or alternatives to how the
Corps of Engineers utilizes the National Economic Development,
Regional Economic Development, Environmental Quality, and Other
Social Effects accounts developed by the Institute for Water
Resources of the Corps of Engineers in the formulation of, and
plan selection for, such projects;
(3) an analysis of whether such principles and
methodologies fully account for all of the potential benefits
of project alternatives, including any reasonably associated
benefits of such alternatives that are not contrary to law,
Federal policy, or sound water resources management;
(4) an analysis of whether such principles and
methodologies fully account for all of the costs of project
alternatives, including potential societal costs, such as lost
ecosystem services, and full lifecycle costs for such
alternatives;
(5) an analysis of the methodologies utilized by the
Federal Government in setting and applying discount rates for
benefit-cost analyses used in the formulation, evaluation, and
budgeting of Corps of Engineers water resources development
projects; and
(6) an analysis of whether or not the Army Corps of
Engineers--
(A) considers cumulative benefits of locally
developed projects, including Master Plans approved by
the Corps; and
(B) uses the benefits referred to in subparagraph
(A) for purposes of benefit-cost analysis for project
justification for potential projects within such Master
Plans.
(c) Publication.--The agreement entered into under subsection (a)
shall require the National Academy of Sciences to, not later than 30
days after the completion of the study--
(1) submit a report containing the results of the study and
the recommendations to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) make a copy of such report available on a publicly
accessible website.
(d) Sense of Congress on Budgetary Evaluation Metrics and
Transparency.--It is the sense of Congress that the President, in the
formulation of the annual budget request for the U.S. Army Corps of
Engineers (Civil Works), should submit to Congress a budget that--
(1) aligns the assessment of the potential benefit-cost
ratio for budgeting water resources development projects with
that used by the Corps of Engineers during project plan
formulation and evaluation pursuant to section 80 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-17); and
(2) demonstrates the transparent criteria and metrics
utilized by the President in the evaluation and selection of
water resources development projects included in the budget
request.
SEC. 127. STUDY OF CORROSION MANAGEMENT AT CORPS OF ENGINEERS PROJECTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a study of corrosion management efforts at projects and
properties under the control of the Corps of Engineers.
(b) Requirements.--The study under subsection (a) shall include--
(1) an analysis of--
(A) asset management protocols that are utilized by
the Corps of Engineers, including protocols that
examine both asset integrity and the integration of
corrosion management efforts within the asset
lifecycle, which includes the stages of design,
manufacturing and construction, operation and
maintenance, and decommissioning;
(B) available corrosion prevention technologies
that may be used at projects and properties under the
control of the Corps of Engineers;
(C) corrosion-related asset failures and the
management protocols of the Corps of Engineers to
incorporate lessons learned from such failures into
work and management practices;
(D) training of Corps of Engineers employees with
respect to, and best practices for, identifying and
preventing corrosion at projects and properties under
the control of the Corps of Engineers; and
(E) the estimated costs and anticipated benefits,
including safety benefits, associated with the
integration of corrosion management efforts within the
asset lifecycle; and
(2) a description of Corps of Engineers, stakeholder, and
expert perspectives on the effectiveness of corrosion
management efforts to reduce the incidence of corrosion at
projects and properties under the control of the Corps of
Engineers.
SEC. 128. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended by inserting ``, and if such amount is not sufficient to cover
the costs included in the Federal cost share for a project, as
determined by the Secretary, the non-Federal interest shall be
responsible for any such costs that exceed such amount'' before the
period at the end.
SEC. 129. REPORT ON INNOVATIVE MATERIALS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that describes activities
conducted by the Corps of Engineers at centers of expertise, technology
centers, technical centers, research and development centers,
universities, and similar facilities and organizations relating to the
testing, research, development, identification, and recommended uses
for innovative materials in water resources development projects.
SEC. 130. STUDY ON CORPS OF ENGINEERS.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that--
(1) describes the capacity and preparedness of the Corps of
Engineers workforce, including challenges related to diversity,
recruitment, retention, retirements, credentialing,
professional development, on-the-job training, and other
readiness-related gaps in ensuring a fully prepared 21st
century Corps of Engineers workforce;
(2) provides recommendations to improve the capacity and
preparedness of the Corps of Engineers workforce;
(3) contains an assessment of the existing technology used
by the Corps of Engineers, the effects of inefficiencies in the
Corps' current technology usage, and recommendations for
improved technology or tools to accomplish its missions and
responsibilities; and
(4) describes how changes to the navigation industry
workforce with which the Corps of Engineers collaborates may
affect safety and operations within the navigation industry.
SEC. 131. GAO STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a study of the consideration by the Corps of Engineers
of natural features and nature-based features in the study of the
feasibility of projects for flood risk management, hurricane and storm
damage reduction, and ecosystem restoration.
(b) Considerations.--The study under subsection (a) shall include--
(1) a description of guidance or instructions issued, and
other measures taken, by the Secretary and the Chief of
Engineers to consider natural features and nature-based
features in project feasibility studies;
(2) an assessment of the costs, benefits, impacts, and
trade-offs associated with natural features and nature-based
features recommended by the Secretary for flood risk reduction,
hurricane and storm damage reduction (including trough bars,
coastal wetlands, and barrier coral reefs), and ecosystem
restoration projects, and the effectiveness of those natural
features and nature-based features;
(3) a description of any statutory, fiscal, regulatory, or
other policy barriers to the appropriate consideration and use
of a full array of natural features and nature-based features;
and
(4) any recommendations for changes to statutory, fiscal,
regulatory, or other policies to improve the use of natural
features and nature-based features by the Corps of Engineers.
(c) Definitions.--In this section, the terms ``natural feature''
and ``nature-based feature'' have the meanings given such terms in
section 1184 of the Water Resources Development Act of 2016 (33 U.S.C.
2289a).
SEC. 132. GAO REPORT ON ALASKA NATIVE VILLAGE RELOCATION EFFORTS DUE TO
FLOODING AND EROSION THREATS.
(a) Definition of Alaska Native Village.--In this section, the term
``Alaska Native village'' means a Native village that has a Village
Corporation (as those terms are defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)).
(b) Report.--The Comptroller General of the United States shall
submit to Congress a report on efforts to relocate Alaska Native
villages due to flooding and erosion threats that updates the report of
the Comptroller General entitled ``Alaska Native Villages: Limited
Progress Has Been Made on Relocating Villages Threatened by Flooding
and Erosion'', dated June 2009.
(c) Inclusions.--The report under subsection (b) shall include--
(1) a summary of flooding and erosion threats to Alaska
Native villages throughout the State of Alaska, based on
information from--
(A) the Corps of Engineers;
(B) the Denali Commission; and
(C) any other relevant sources of information as
the Comptroller General determines to be appropriate;
(2) the status of efforts to relocate Alaska Native
villages due to flooding and erosion threats; and
(3) any other issues relating to flooding and erosion
threats to, or relocation of, Alaska Native villages, as the
Comptroller General determines to be appropriate.
SEC. 133. STUDY AND REPORT ON EXPEDITING CERTAIN WAIVER PROCESSES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report based on the
results of a study on the best options available to the Secretary to
implement the waiver process for the non-Federal cost share under
section 116 of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2851).
SEC. 134. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.
Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is
amended--
(1) in subsection (a), by striking ``$50,000,000'' and
inserting ``$62,500,000''; and
(2) in subsection (b), by striking ``$10,000,000'' and
inserting ``$12,500,000''.
SEC. 135. CREDIT OR REIMBURSEMENT.
Section 1022 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2225) is amended to read as follows:
``SEC. 1022. CREDIT OR REIMBURSEMENT.
``(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13), or an authorized
coastal navigation project that has been constructed by the Corps of
Engineers pursuant to section 11 of the Act of March 3, 1925, before
the date of enactment of the Water Resources Development Act of 2018,
the Secretary may provide to the non-Federal interest, at the request
of the non-Federal interest, a credit in an amount equal to the
estimated Federal share of the cost of the project or separable
element, in lieu of providing to the non-Federal interest a
reimbursement in that amount or reimbursement of funds of an equivalent
amount, subject to the availability of appropriations.
``(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply such credit to the share of the cost
of the non-Federal interest of carrying out other flood damage
reduction and coastal navigation projects or studies.
``(c) Application of Reimbursement.--At the request of the non-
Federal interest, the Secretary may apply such funds, subject to the
availability of appropriations, equal to the share of the cost of the
non-Federal interest of carrying out other flood damage reduction and
coastal navigation projects or studies.''.
SEC. 136. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW.
The Secretary, acting through the Chief of Engineers, shall
expedite completion of the Lake Okeechobee regulation schedule to
coincide with the completion of the Herbert Hoover Dike project, and
may consider all relevant aspects of the Comprehensive Everglades
Restoration Plan described in section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680).
SEC. 137. MISSOURI RIVER.
(a) IRC Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
regarding the impacts of interception-rearing complex construction on
the navigation, flood control, and other authorized purposes set forth
in the Missouri River Master Manual, and on the population recovery of
the pallid sturgeon.
(b) No Additional IRC Construction.--Until the report under
subsection (a) is submitted, no additional interception-rearing complex
construction is authorized.
SEC. 138. ACCESS TO REAL ESTATE DATA.
(a) In General.--As soon as is practicable, using available funds,
the Secretary shall make publicly available, including on a publicly
accessible website, information relating to all real property with
respect to which the Corps of Engineers holds an interest. In making
such information publicly available, the Secretary shall, to the
maximum extent practicable, endeavor to provide such information to all
adjoining residential stakeholders of real property to which the Army
Corps of Engineers holds an interest therein. The information shall
include standardized real estate plat descriptions and geospatial
information.
(b) Limitation.--Nothing in this section may be construed to compel
or authorize the disclosure of data or other information determined by
the Secretary to be confidential, privileged, national security, or
personal information, or information the disclosure of which is
otherwise prohibited by law.
SEC. 139. AQUATIC INVASIVE SPECIES RESEARCH.
(a) In General.--As part of the ongoing activities of the Engineer
Research and Development Center to address the spread and impacts of
aquatic invasive species, the Secretary shall undertake research on the
management and eradication of aquatic invasive species, including Asian
carp and zebra mussels.
(b) Locations.--In carrying out subsection (a), the Secretary shall
work with Corps of Engineers district offices representing diverse
geographical regions of the continental United States that are impacted
by aquatic invasive species, such as the Atlantic, Pacific, and Gulf
coasts and the Great Lakes.
(c) Report.--Not later than 180 days after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
recommending a plan to address the spread and impacts of aquatic
invasive species.
SEC. 140. HARMFUL ALGAL BLOOM TECHNOLOGY DEMONSTRATION.
(a) In General.--The Secretary, acting through the Engineer
Research and Development Center of the Chief of Engineers, shall
implement a 5-year harmful algal bloom technology development
demonstration under the Aquatic Nuisance Research Program. To the
extent practicable, the Corps of Engineers shall support research that
will identify and develop improved strategies for early detection,
prevention, and management techniques and procedures to reduce the
occurrence and effects of harmful algal blooms in the Nation's water
resources.
(b) Scalability Requirement.--The Secretary shall ensure that
technologies identified, tested, and deployed under the harmful algal
bloom program technology development demonstration have the ability to
scale up to meet the needs of harmful-algal-bloom-related events.
SEC. 141. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION.
The Secretary shall enter into a memorandum of understanding with
the Administrator of the Environmental Protection Agency to facilitate
ecosystem restoration activities at the South Fork of the South Branch
of the Chicago River (commonly known as Bubbly Creek).
SEC. 142. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
(2) in the first sentence, by striking ``Activities
currently performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric'';
(4) in the second sentence, by striking ``This section''
and inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section''; and
(5) by adding at the end the following:
``(c) Exclusion.--This section does not--
``(1) apply to a navigation facility that was under
contract on or before the date of enactment of this subsection
with a non-Federal interest to perform operations or
maintenance; and
``(2) prohibit the Secretary from contracting out
commercial activities after the date of enactment of this
subsection at a navigation facility.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is
amended by striking the item relating to section 314 and inserting the
following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.
SEC. 143. HURRICANE AND STORM DAMAGE REDUCTION.
Section 156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f) is amended in subsection (b)--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Timing.--The 15 additional years under paragraph (1)
shall begin on the date of initiation of construction of
congressionally authorized nourishment.''.
SEC. 144. POST-DISASTER WATERSHED ASSESSMENTS IN THE TERRITORIES OF THE
UNITED STATES.
Section 3025 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
``(e) Assessments in the Territories of the United States.--
``(1) In general.--For any major disaster declared in the
territories of the United States before the date of enactment
of this subsection, all activities in the territory carried out
or undertaken pursuant to the authorities described under this
section shall be conducted at full Federal expense unless the
President determines that the territory has the ability to pay
the cost share for an assessment under this section without the
use of non-Federal funds or loans.
``(2) Territories defined.--In this subsection, the term
`territories of the United States' means those insular areas
specified in section 1156(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2310(a)(1)).''.
SEC. 145. OLD RIVER CONTROL STRUCTURE, LOUISIANA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the structure and operations plan for the Old River control structure
authorized by the Flood Control Act of 1954 (68 Stat. 1258) based on
the best available science, improved monitoring capabilities, and other
factors as determined by the Secretary, including consideration of--
(1) flood control;
(2) navigational conditions;
(3) water supply; and
(4) ecosystem restoration and ecological productivity.
(b) Public Participation.--In developing the report required by
subsection (a), the Secretary shall provide opportunity for public
input and stakeholder engagement, including public meetings.
SEC. 146. DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to carry out a pilot
program to award contracts with a duration of up to five years for the
operation and maintenance of harbors and inland harbors referred to in
section 210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)).
(b) Scope.--In carrying out the pilot program under subsection (a),
the Secretary may award a contract described in such subsection, which
may address one or more harbors or inland harbors in a geographical
region, if the Secretary determines that the contract provides cost
savings compared to the awarding of such work on an annual basis.
(c) Report to Congress.--Not later than one year after the date on
which the first contract is awarded pursuant to the pilot program
carried out under subsection (a), the Secretary shall submit to
Congress a report evaluating, with respect to the pilot program and any
contracts awarded under the pilot program--
(1) cost effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(d) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program carried out under subsection (a) shall
expire on the date that is 10 years after the date of enactment of this
Act.
SEC. 147. DISPOSITION OF PROJECTS.
(a) In General.--In carrying out a disposition study for a project
of the Corps of Engineers, or a separable element of such a project,
including a disposition study under section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a), the Secretary shall consider
modifications that would improve the overall quality of the environment
in the public interest, including removal of the project or separable
element of a project.
(b) Disposition Study Transparency.--The Secretary shall carry out
disposition studies described in subsection (a) in a transparent
manner, including by--
(1) providing opportunities for public input; and
(2) publishing the final disposition studies.
(c) Removal of Infrastructure.--For disposition studies described
in subsection (a) in which the Secretary determines that a Federal
interest no longer exists, and makes a recommendation of removal of the
project or separable element of a project, the Secretary is authorized
to pursue removal of the project or separable element of a project
using--
(1) existing authorities, as considered appropriate by the
Secretary; or
(2) partnerships with other Federal agencies and non-
Federal entities with appropriate capabilities to undertake
infrastructure removal.
SEC. 148. SENSE OF CONGRESS.
It is the sense of Congress that the construction of a new lock at
the Soo Locks at Sault Ste. Marie, Michigan, is vital to our national
economy, national security, and national need for new critical
infrastructure.
SEC. 149. COMMUNITY ENGAGEMENT.
(a) In General.--The Corps of Engineers shall make efforts--
(1) as part of the mission of the Corps, to identify and
address with respect to covered communities any
disproportionate and adverse health or environmental effects of
the Corps' programs, policies, practices, and activities;
(2) to promote the meaningful involvement of communities of
color in the Corps' project development and implementation,
enforcement efforts, and other activities;
(3) to provide guidance and technical assistance to covered
communities to increase understanding of the Corps' project
planning and management activities, regulations, and policies;
and
(4) to cooperate with State, Tribal, and local governments
with respect to activities carried out pursuant to this
subsection.
(b) Definitions.--In this section, the following definitions apply:
(1) Community of color.--The term ``community of color''
means a community of individuals who are--
(A) American Indian or Alaska Native;
(B) Asian or Pacific Islander;
(C) Black, not of Hispanic origin; or
(D) Hispanic.
(2) Covered community.--The term ``covered community''
means each of the following:
(A) A community of color.
(B) A low-income community.
(C) A rural community.
(D) A Tribal and indigenous community.
SEC. 150. OPERATION AND MAINTENANCE OF EXISTING INFRASTRUCTURE.
The Secretary of the Army shall prioritize the operation and
maintenance of existing infrastructure, improve its reliability, and,
as necessary, improve its resilience to cyber-related threats.
SEC. 151. CLARIFICATION FOR INTEGRAL DETERMINATION.
(a) WRDA 2000.--Section 601(e)(5)(B) of the Water Resources
Development Act of 2000 (Public Law 106-541) is amended to read as
follows:
``(B) Work.--The Secretary may provide credit,
including in-kind credit, toward the non-Federal share
for the reasonable cost of any work performed in
connection with a study, preconstruction engineering
and design, or construction that is necessary for the
implementation of the Plan if--
``(i)(I) the credit is provided for work
completed during the period of design, as
defined in a design agreement between the
Secretary and the non-Federal sponsor;
``(II) the credit is provided for work
completed during the period of construction, as
defined in a project cooperation agreement for
an authorized project between the Secretary and
the non-Federal sponsor;
``(III) the credit is provided for work
carried out before the date of the partnership
agreement between the Secretary and the non-
Federal sponsor, as defined in an agreement
between the Secretary and the non-Federal
sponsor providing for such credit; or
``(IV) the credit is provided for work
carried out by the non-Federal sponsor in the
implementation of an authorized project
implementation report, and such work was
defined in an agreement between the Secretary
and the non-Federal sponsor prior to the
execution of such work;
``(ii) the agreement prescribes the terms
and conditions of the credit, including in the
case of credit provided under clause (i)(iii)
conditions relating to design and construction;
and
``(iii) the Secretary determines that the
work performed by the non-Federal sponsor is
integral to the project.''.
(b) Timing.--Section 601(e)(5) of the Act referred to in subsection
(a) is further amended by inserting after subparagraph (B) the
following (and redesignating any subparagraphs accordingly):
``(C) Timing.--In any case in which the Secretary
approves credit under subparagraph (B), in writing or
by electronic agreement with the non-Federal sponsor,
the Secretary shall provide such credit for work
completed during the period of construction under an
agreement that prescribes the terms and conditions for
the in-kind contributions not expressly defined.''.
SEC. 152. COST SHARE PAYMENT FOR CERTAIN PROJECTS.
Not later than September 30 of the first fiscal year following the
date of enactment of this Act, the Secretary shall pay the outstanding
balance of the Federal cost share for any project carried out under
section 593 of the Water Resources Development Act of 1999 (113 Stat.
380).
SEC. 153. LOCKS ON ALLEGHENY RIVER.
The Corps of Engineers may consider, in making funding
determinations with respect to the operation and maintenance of locks
on the Allegheny River--
(1) recreational boat traffic levels; and
(2) related economic benefits.
SEC. 154. ASSISTANCE RELATING TO WATER SUPPLY.
The Secretary may provide assistance to municipalities the water
supply of which is adversely affected by construction carried out by
the Corps of Engineers.
SEC. 155. NOISE POLLUTION ABATEMENT AND MITIGATION.
Not later than 180 days after the date of enactment of this
section, the Secretary shall submit to Congress a report on the
potential opportunity for integrating noise abatement and noise
mitigation technologies and practices into improvements and operations
in harbors and inland harbors.
SEC. 156. PROPERTY ACQUISITION.
(a) In General.--In requiring or acquiring an interest in land, the
Secretary shall, in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, prefer the minimum
interest in real property necessary to support a project or action.
(b) Determination.--In determining the proper interest in land
under subsection (a), the Secretary shall first consider a temporary
easement estate or other interest designed to reduce the overall cost,
reduce the time, and minimize conflict with property owners related to
such action or project.
(c) Procedures Used in State.--The Secretary shall consider and
attempt to replicate, to the maximum extent practicable and consistent
with Federal laws, the procedures that a State has used to acquire
interests in land, provided that such procedures are generally
consistent with the goals of a project or action.
SEC. 157. SENSE OF CONGRESS ON NAVIGATION SAFETY.
It is the sense of Congress that--
(1) high use Federal navigation projects, including those
with numerous deep draft vessel calls per year, should ensure
safe 2-way traffic by design vessels recommended by authorized
navigation studies; and
(2) the Secretary should consider the benefits of the
safety modification or improvement to commercial navigation in
evaluating such modifications or improvements.
SEC. 158. COST AND BENEFIT FEASIBILITY ASSESSMENT.
(a) Cost Benefit and Special Conditions.--Section 5(a) of the Act
of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), as
amended by this Act, is further amended by striking paragraph (2) and
inserting the following:
``(2) Cost and benefit feasibility assessment.--
``(A) Consideration of benefits.--In preparing a
cost and benefit feasibility assessment for any
emergency project described in paragraph (1), the Chief
of Engineers shall consider the benefits to be gained
by such project for the protection of--
``(i) residential establishments;
``(ii) commercial establishments, including
the protection of inventory; and
``(iii) agricultural establishments,
including the protection of crops.
``(B) Special conditions.--
``(i) The Chief of Engineers may carry out
repair or restoration work described in
paragraph (1) that does not produce benefits
greater than cost, if the non-Federal sponsor
agrees to pay, or contribute to, an amount
sufficient to make the remaining costs of the
project equal to the estimated value of the
benefits of the repair or restoration work and
the Secretary determines the damage to the
structure was not as a result of negligent
operation and maintenance, and that repair of
the project could benefit other Corps project
missions.
``(ii) Non-Federal payments pursuant to
clause (i) shall be in addition to any non-
Federal payments required by the Chief of
Engineers which are applicable to the remaining
costs of the repair or restoration work.''.
(b) Continued Eligibility.--Notwithstanding a non-Federal flood
control work's status in the Rehabilitation and Inspection Program, any
unconstructed emergency project for the non-Federal flood control work
that was formulated during the three fiscal years preceding the fiscal
year in which this Act was enacted but that was determined to not
produce benefits greater than costs shall remain eligible for
assistance under Section 5 of the Act of August 18, 1941 (55 Stat. 650,
chapter 377; 33 U.S.C. 701n) until the last day of the third fiscal
year following the fiscal year in which this Act was enacted if the
non-Federal sponsor agrees, in accordance with section 5 as amended by
subsection (a) of this section, to pay, or provide contributions equal
to, an amount sufficient to make the remaining costs of the project
equal to the estimated value of the benefits of the repair or
restoration work and the Secretary determines the damage to the
structure was not as a result of negligent operation and maintenance,
and that repair of the project could benefit other Corps project
missions.
SEC. 159. STUDY ON STORMWATER RUNOFF REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a study on the compliance of projects and
properties constructed or renovated by the Corps of Engineers with
stormwater runoff requirements.
(b) Requirements.--The study under subsection (a) shall include an
analysis of--
(1) the extent to which the Corps of Engineers has complied
with section 439 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17094) for projects and properties constructed
or renovated since February 1, 2010;
(2) the feasibility of the Corps of Engineers to meet the
requirement to restore the predevelopment hydrology of
properties under the ``maximum extent technically feasible''
standard created under the Energy Independence and Security Act
of 2007;
(3) potential changes to the Corps of Engineers' budgeting,
planning, design, construction, and maintenance strategies that
could increase the agency's ability to meet the requirement
described in paragraph (2);
(4) potential changes to the guidance described in the
Technical Guidance on Implementing the Stormwater Runoff
Requirements for Federal Projects under section 438 of the
Energy Independence and Security Act, issued by the
Environmental Protection Agency and dated December 2009, that
could increase the Corps of Engineers' ability to meet the
requirement described in paragraph (2).
SEC. 160. SENSE OF CONGRESS RELATING TO PUERTO RICO.
(a) Water Resource Projects in Puerto Rico.--It is the sense of
Congress that the Corps of Engineers should proceed with a sense of
urgency, and viewing requirements in the most favorable light, in
evaluating and programming the actions to be taken to complete current
phases, initiate pending phases, and prepare the reports necessary to
proceed with the water resources projects necessary for flood control,
dam repair, beach erosion control, and harbor navigation improvement in
Puerto Rico, as well as for repair and mitigation required by hurricane
and severe weather event damages that occurred between September 2017
and March 2018.
(b) Cano Martin Pena Ecosystem Restoration Project.--It is the
sense of Congress that the Secretary should advance the project for
ecosystem restoration, Cano Martin Pena, San Juan, Puerto Rico.
SEC. 161. DREDGED MATERIAL MANAGEMENT PLANS.
(a) In General.--For purposes of dredged material management plans
initiated in or after fiscal year 2018, the Secretary shall expedite
the dredged material management plan process in order that studies make
maximum use of existing information, studies, and innovative dredged
material management practices, and avoid any redundant information
collection and studies.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on how the
Corps of Engineers intends to meet the requirements of subsection (a).
SEC. 162. FEASIBILITY OF CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIERS PROJECT, ILLINOIS.
Section 3061(d) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1121) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Operation and maintenance.--Operation and maintenance
of any project authorized to be carried out pursuant to the
feasibility study identified in paragraph (1) shall be carried
out at 80 percent Federal expense and 20 percent non-Federal
expense.
``(3) Consultation.--After construction of any project
authorized to be carried out pursuant to the feasibility study
identified in paragraph (1), the Secretary shall consult with
the Governor of the State in which the project is constructed
and seek Congressional authority to construct any new
technologies not included in the Chief's Report.''.
SEC. 163. SENSE OF CONGRESS ENCOURAGING NON-FEDERAL DREDGED MATERIAL
PLACEMENT SPONSORS.
It is the sense of Congress that--
(1) when a State or subdivision of a State, individually or
in partnership with a private partner, develops a reasonable
alternative to the Federal standard for dredged material
disposal facilities that meets relevant Federal environmental
and dredged material placement and disposal requirements in
coordination with a Corps of Engineers' District Office, it
should receive preferred consideration by the Secretary; and
(2) the Secretary is encouraged to consider entering into
agreements with non-Federal sponsors for the acquisition,
design, construction, management, or operation and maintenance
of dredged material disposal facilities, including port
facilities, through section 217 of the Water Resources
Development Act of 1996.
SEC. 164. PROJECT COMPLETION FOR DISASTER AREAS.
The Secretary shall carry out expeditiously projects already
authorized by the Army Corps of Engineers to reduce the risk of future
floods and hurricanes in Texas, Florida, Georgia, Louisiana, South
Carolina, Puerto Rico, and the United States Virgin Islands.
SEC. 165. INCLUSION OF PROJECT OR FACILITY IN CORPS OF ENGINEERS
WORKPLAN.
Any project or facility of the Corps of Engineers studied for
disposition for which a final report by the Director of Civil Works has
been completed shall, to the maximum extent practicable, be included in
the future workplan of the Corps.
SEC. 166. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT.
(a) In General.--After any flood event requiring operation or
activation of any floodway or backwater feature within the Mississippi
River and Tributaries Project through natural overtopping of a Federal
levee or artificial crevassing of a Federal levee to relieve pressure
on the levees elsewhere in the system, the Secretary shall
expeditiously reset and restore the damaged floodway's levees.
(b) Mississippi River and Tributaries Project.--The term
``Mississippi River and Tributaries Project'' means the Mississippi
River and Tributaries project authorized by the Act of May 15, 1928
(Chap. 569; 45 Stat. 534).
SEC. 167. MAINTENANCE OF HIGH RISK FLOOD CONTROL PROJECTS.
(a) Assessment.--With respect to each project classified as class
III under the Dam Safety Action Classification of the Corps of
Engineers for which the Secretary has assumed responsibility for
maintenance, as of the date of enactment of this Act, the Secretary
shall assess--
(1) the anticipated effects of the Secretary continuing to
be responsible for the maintenance of the project during the
period that ends 15 years after the date of enactment of this
Act, including the benefits to the State and local community;
and
(2) the anticipated effects of the Secretary not continuing
to be responsible for the maintenance of the project during
such 15-year period, including the costs to the State and local
community.
(b) Report.--Not later than 90 days after completion of the
assessment under subsection (a), the Secretary shall submit a report
summarizing the results of the assessment to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate.
SEC. 168. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR OPERATIONS.
Section 5 of the Act of June 22, 1936 (49 Stat. 1572, chapter 688;
33 U.S.C. 701h), is amended by inserting after ``authorized purposes of
the project:'' the following: ``Provided further, That the Secretary is
authorized to receive and expend funds, subject to the availability of
appropriations, from an owner of a non-Federal reservoir to formulate,
review, or revise operational documents for any non-Federal reservoir
for which the Secretary is authorized to prescribe regulations for the
use of storage allocated for flood risk management or navigation
pursuant to section 7 of the Act of December 22, 1944 (58 Stat. 890,
chapter 665; 33 U.S.C. 709):''.
SEC. 169. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.
Section 3(c) of the Act of August 13, 1946 (60 Stat. 1056, chapter
960; 33 U.S.C. 426g(c)) is amended--
(1) in paragraph (1), by striking ``$30,000,000'' and
inserting ``$45,000,000''; and
(2) in paragraph (2)(B), by striking ``$10,000,000'' and
inserting ``$15,000,000''.
TITLE II--STUDIES
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress
on March 17, 2017, and February 5, 2018, respectively, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Cave buttes dam, arizona.--Project for flood risk
management, Phoenix, Arizona.
(2) San diego river, california.--Project for flood risk
management, navigation, and ecosystem restoration, San Diego,
California.
(3) J. bennett johnston waterway, louisiana.--Project for
navigation, J. Bennett Johnston Waterway, Louisiana.
(4) Northshore, louisiana.--Project for flood risk
management, St. Tammany Parish, Louisiana.
(5) Ouachita-black rivers, louisiana.--Project for
navigation, Little River, Louisiana.
(6) Chautauqua lake, new york.--Project for ecosystem
restoration and flood risk management, Chautauqua, New York.
(7) Trinity river and tributaries, texas.--Project for
navigation, Liberty, Texas.
(8) West cell levee, texas.--Project for flood risk
management, Irving, Texas.
(9) Coastal virginia, virginia.--Project for flood risk
management, ecosystem restoration, and navigation, Coastal
Virginia.
(10) Tangier island, virginia.--Project for flood risk
management and ecosystem restoration, Tangier Island, Virginia.
SEC. 202. ADDITIONAL STUDIES.
(a) Lower Mississippi River; Missouri, Kentucky, Tennessee,
Arkansas, Mississippi, and Louisiana.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of habitat restoration for
each of the eight reaches identified as priorities in the
report prepared by the Secretary pursuant to section 402 of the
Water Resources Development Act of 2000, titled ``Lower
Mississippi River Resource Assessment; Final Assessment In
Response to Section 402 of WRDA 2000'' and dated July 2015.
(2) Consultation.--The Secretary shall consult with the
Lower Mississippi River Conservation Committee during each
feasibility study carried out under paragraph (1).
(b) St. Louis Riverfront, Meramec River Basin, Missouri and
Illinois.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of a project for ecosystem
restoration and flood risk management in Madison, St. Clair,
and Monroe Counties, Illinois, St. Louis City, and St. Louis,
Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, Dent,
Washington, Iron, St. Francois, St. Genevieve, Osage, Reynolds,
and Texas Counties, Missouri.
(2) Continuation of existing study.--Any study carried out
under paragraph (1) shall be considered a continuation of the
study being carried out under Committee Resolution 2642 of the
Committee on Transportation and Infrastructure of the House of
Representatives, adopted June 21, 2000.
SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
(a) Feasibility Reports.--The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
(1) Project for riverbank stabilization, Selma, Alabama.
(2) Project for ecosystem restoration, Three Mile Creek,
Alabama.
(3) Project for navigation, Nome, Alaska.
(4) Project for flood diversion, Seward, Alaska.
(5) Project for navigation, Three Rivers, Arkansas.
(6) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(7) Project for flood risk management, Lower Cache Creek,
California.
(8) Project for flood risk management, Lower San Joaquin
River, California, as described in section 1322(b)(2)(F) of the
Water Resources Development Act of 2016 (130 Stat. 1707)
(second phase of feasibility study).
(9) Project for flood risk management, South San Francisco,
California.
(10) Project for flood risk management and ecosystem
restoration, Tijuana River, California.
(11) Project for flood risk management in East Hartford,
Connecticut.
(12) Project for flood risk management in Hartford,
Connecticut.
(13) Projects under the Comprehensive Flood Mitigation
Study for the Delaware River Basin.
(14) Project for ecosystem restoration, Lake Apopka,
Florida.
(15) Project for ecosystem restoration, Kansas River Weir,
Kansas.
(16) Project for water resource improvements, Willamette
River Basin, Fern Ridge, Oregon.
(17) Project for navigation, San Juan Harbor, Puerto Rico.
(18) Project for ecosystem restoration, Resacas at
Brownsville, Texas.
(19) Project for navigation, Norfolk Harbor, Virginia.
(20) Project for coastal storm risk management, Norfolk,
Virginia.
(21) Project for navigation, Tacoma Harbor, Washington.
(22) Project for flood damage reduction, Westminster-East
Garden Grove, California.
(23) Project for hurricane and storm damage risk reduction
and ecosystem restoration, Southwest Coastal Louisiana,
Louisiana, authorized by section 1401(8) of the Water Resources
Development Act of 2016 (130 Stat. 1715).
(24) Project for navigation and channel deepening, Baptiste
Collette Bayou, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(25) Project for navigation and channel deepening, Houma
Navigation Canal, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(26) Project for navigation and channel deepening, Bayou
Lafourche, Louisiana, under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231).
(27) Projects under the Great Lakes Mississippi River
Interbasin Study Brandon Road Study.
(28) Project for ecosystem restoration, Warren Glen Dam
Removal, Musconetcong River, New Jersey.
(29) Project for flood control and water supply, Abiquiu
Dam, New Mexico.
(30) Project for reformulation, East Rockaway Inlet to
Rockaway Inlet and Jamaica Bay, Queens, New York.
(b) Lower San Joaquin River, California.--In expediting completion
of the second phase of the Lower San Joaquin River feasibility study
under subsection (a)(8), the Secretary shall review and give priority
to any plans and designs requested by non-Federal interests and
incorporate such plans and designs into the Federal study if the
Secretary determines that such plans and designs are consistent with
Federal standards.
(c) Post-authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for the
following projects:
(1) Project for flood risk management, San Luis Rey River
Flood Control Protection Project, California.
(2) Project for flood risk management, Success Reservoir
Enlargement Project, California.
(3) Everglades Agricultural Area Reservoir, Central
Everglades Planning Project, Florida.
(4) Project for navigation, Sault Sainte Marie, Michigan.
(d) Upper Mississippi River Protection.--Section 2010 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1270) is
amended by adding at the end the following:
``(d) Considerations.--In carrying out a disposition study with
respect to the Upper St. Anthony Falls Lock and Dam, including a
disposition study under section 216 of the Flood Control Act of 1970
(33 U.S.C. 549a), the Secretary shall expedite completion of such study
and shall produce a report on the Upper St. Anthony Falls Lock and Dam
that is separate from any report on any other lock or dam included in
such study that includes plans for--
``(1) carrying out modifications to the Upper St. Anthony
Falls Lock and Dam to--
``(A) preserve and enhance recreational
opportunities and the health of the ecosystem; and
``(B) maintain the benefits to the natural
ecosystem and human environment;
``(2) a partial disposition of the Upper St. Anthony Falls
Lock and Dam facility and surrounding real property that
preserves any portion of the Upper St. Anthony Falls Lock and
Dam necessary to maintain flood control; and
``(3) expediting the disposition described in this
subsection (d).''.
SEC. 204. PLYMOUTH HARBOR, MASSACHUSETTS.
Not later than December 31, 2019, the Secretary shall expedite and
complete the dredging of Plymouth Harbor, Massachusetts, as authorized
by the Act of March 4, 1913 (37 Stat. 802, chapter 144) and the Act of
September 22, 1922 (42 Stat. 1038, chapter 427).
SEC. 205. BRANDON ROAD STUDY.
The Secretary shall complete a final feasibility report for the
Great Lakes Mississippi River Interbasin Study Brandon Road Study,
authorized under section 3061(d) of the Water Resources Development Act
of 2007 (121 Stat. 1121) and section 1538(b)(1) of MAP-21 (Public Law
112-141; 126 Stat. 586) by the original deadline of February 2019.
SEC. 206. HOUSTON AND COASTAL TEXAS.
The Secretary shall expeditiously carry out flood and storm damage
reduction studies to reduce the risk of damage from future floods and
hurricanes in the Houston and Coastal Texas areas. In carrying out the
studies, the Secretary shall leverage existing information and
resources.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $3,150,000,000 in water resources
development projects authorized by Congress that are no longer
viable for construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer
relevant or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or
separable element of a project, authorized for
construction before November 8, 2007, for which--
(i) planning, design, or construction was
not initiated before the date of enactment of
this Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design,
or construction of the project or separable
element of the project during the current
fiscal year or any of the 6 preceding fiscal
years;
(B) each project or separable element identified
and included on a list to Congress for deauthorization
pursuant to section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)); and
(C) any project or separable element for which the
non-Federal sponsor of such project or separable
element submits a request for inclusion on the list.
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the interim deauthorization list
developed under paragraph (1).
(B) Comment period.--The public comment period
shall be 90 days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the revised interim deauthorization
list in the Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects,
or separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall
prepare a proposed final deauthorization list of
projects and separable elements of projects that have,
in the aggregate, an estimated Federal cost to complete
that is at least $3,150,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall
identify projects and separable elements of
projects for inclusion on the proposed final
deauthorization list according to the order in
which the projects and separable elements of
the projects were authorized, beginning with
the earliest authorized projects and separable
elements of projects and ending with the latest
project or separable element of a project
necessary to meet the aggregate amount under
paragraph (2)(A).
(ii) Factors to consider.--The Secretary
may identify projects and separable elements of
projects in an order other than that
established by clause (i) if the Secretary
determines, on a case-by-case basis, that a
project or separable element of a project is
critical for interests of the United States,
based on the possible impact of the project or
separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In
making determinations under clause (ii), the
Secretary shall consider any comments received
under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part
of the proposed final deauthorization list an appendix
that--
(i) identifies each project or separable
element of a project on the interim
deauthorization list developed under subsection
(b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project
or separable element is not included on the
proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governor of each
applicable State on the proposed final deauthorization
list and appendix developed under paragraphs (2) and
(3).
(B) Comment period.--The public comment period
shall be 90 days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an
appendix to the final deauthorization list in a report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final
deauthorization list and appendix under subsection (c), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of
a project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-
day period referred to in paragraph (1), the non-
Federal interest for the project or separable element
of the project provides sufficient funds to complete
the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in
subsection (c)(2)(A).
(3) Projects identified in appendix.--A project or
separable element of a project identified in the appendix to
the final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-
authorization Study.--A project or separable element of a project may
not be identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding
for a post-authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following
definitions apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in
section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d)); or
(iii) a review conducted under section 216
of the Flood Control Act of 1970 (33 U.S.C.
549a), including an initial appraisal that--
(I) demonstrates a Federal
interest; and
(II) requires additional analysis
for the project or separable element.
(B) Water resources development project.--The term
``water resources development project'' includes an
environmental infrastructure assistance project or
program of the Corps of Engineers.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified
by an Act of Congress, the date of the authorization of the
project or separable element shall be deemed to be the date of
the most recent modification.
SEC. 302. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for
construction by this Act shall not be authorized after the last
day of the 10-year period beginning on the date of enactment of
this Act unless--
(A) funds have been obligated for construction of,
or a post-authorization study for, such project or
separable element during that period; or
(B) the authorization contained in this Act has
been modified by a subsequent Act of Congress.
(2) Identification of projects.--Not later than 60 days
after the expiration of the 10-year period referred to in
paragraph (1), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog
and any recommendations to Congress regarding how to mitigate
current problems and the backlog.
(c) Clarification.--Section 6003(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 579c(a)) is amended by striking
``7-year'' each place it appears and inserting ``10-year''.
SEC. 303. PROJECT MODIFICATIONS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Harbor/South bay, california.--Section 219(f)(43) of
the Water Resources Development Act of 1992 (113 Stat. 337; 114
Stat. 2763A-220) is amended by striking ``$35,000,000'' and
inserting ``$70,000,000''.
(2) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (113
Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130 Stat. 1677)
is amended by striking ``$60,000,000'' and inserting
``$89,550,000''.
SEC. 304. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN.
The portion of the project for navigation, Milwaukee Harbor,
Milwaukee, Wisconsin, authorized by the first section of the Act of
March 3, 1843 (5 Stat. 619; chapter 85), consisting of the navigation
channel within the Menomonee River that extends from the 16th Street
Bridge upstream to the upper limit of the authorized navigation channel
and described as follows is no longer authorized beginning on the date
of enactment of this Act:
(1) Beginning at a point in the channel just downstream of
the 16th Street Bridge, N383219.703, E2521152.527.
(2) Thence running westerly along the channel about 2,530.2
feet to a point, N383161.314, E2518620.712.
(3) Thence running westerly by southwesterly along the
channel about 591.7 feet to a point at the upstream limit of
the existing project, N383080.126, E2518036.371.
(4) Thence running northerly along the upstream limit of
the existing project about 80.5 feet to a point, N383159.359,
E2518025.363.
(5) Thence running easterly by northeasterly along the
channel about 551.2 feet to a point, N383235.185, E2518571.108.
(6) Thence running easterly along the channel about 2,578.9
feet to a point, N383294.677, E2521150.798.
(7) Thence running southerly across the channel about 74.3
feet to the point of origin.
SEC. 305. BRIDGEPORT HARBOR, CONNECTICUT.
That portion of the project for navigation, Bridgeport Harbor,
Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 158), and
modified by the Act of August 11, 1888 (25 Stat. 401), the Act of March
3, 1899 (30 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), and
the Act of July 3, 1930 (46 Stat. 919), and lying upstream of a line
commencing at point N627942.09, E879709.18 thence running southwesterly
about 125 feet to a point N627832.03, E879649.91 is no longer
authorized beginning on the date of enactment of this Act.
SEC. 306. CONVEYANCES.
(a) Cheatham County, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey to
Cheatham County, Tennessee (in this subsection referred to as
the ``Grantee''), all right, title, and interest of the United
States in and to the real property in Cheatham County,
Tennessee, consisting of approximately 9.19 acres, identified
as portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-
519-1, E-537-1, and E-538, all being part of the Cheatham Lock
and Dam project at CRM 158.5, including any improvements
thereon.
(2) Deed.--The conveyance of property under this subsection
shall be accomplished using a quitclaim deed and upon such
terms and conditions as the Secretary determines appropriate to
protect the interests of the United States, to include
retaining the right to inundate with water any land transferred
under this subsection.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed under this subsection, as determined by the
Secretary.
(4) Subject to existing easements and other interests.--The
conveyance of property under this section shall be subject to
all existing easements, rights-of-way, and leases that are in
effect as of the date of the conveyance.
(b) Nashville, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration, to the City of Nashville, Tennessee (in
this subsection referred to as the ``City''), all right, title,
and interest of the United States in and to the real property
covered by Lease No. DACW62-1-84-149, including any
improvements thereon, at the Riverfront Park Recreational
Development, consisting of approximately 5 acres, subject to
the right of the Secretary to retain any required easements in
the property.
(2) Conveyance agreement.--A quit claim deed shall be used
to convey real property under this subsection upon the terms
and conditions mutually satisfactory to the Secretary and the
City. The deed shall provide that in the event the City, its
successors, or assigns cease to maintain improvements for
recreation included in the conveyance or otherwise utilize the
real property conveyed for purposes other than recreation and
compatible flood risk management, the City, its successor, or
assign shall repay to the United States the Federal share of
the cost of constructing the improvements for recreation under
the agreement between the United States and the City dated
December 8, 1981, increased as necessary to account for
inflation.
(c) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on
the real property conveyed.
SEC. 307. CLATSOP COUNTY, OREGON.
The portions of the project for raising and improving existing
levees of Clatsop County Diking District No. 13, in Clatsop County,
Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat.
1590), that are referred to as Christensen No. 1 Dike No. 42 and
Christensen No. 2 Levee No. 43 are no longer authorized beginning on
the date of enactment of this Act.
SEC. 308. KISSIMMEE RIVER RESTORATION, CENTRAL AND SOUTHERN FLORIDA.
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 a report on the total
estimated value of in-kind contributions made by the non-Federal
interest with respect to the following six actions, as described in the
final report of the Director of Civil Works on the Central and Southern
Florida Project, Kissimmee River Restoration Project, dated April 27,
2018:
(1) Shady Oaks Fish Camp land preparation.
(2) Rocks Fish Camp land preparation.
(3) Levee breaching of Sparks Candler and Bronson Levees.
(4) Packingham Slough construction related to land
acquisition.
(5) Engineering analysis of River Acres engineering
solution.
(6) Small local levee modifications.
SEC. 309. LYTLE AND CAJON CREEKS, CALIFORNIA.
That portion of the channel improvement project, Lytle and Cajon
Creeks, California, authorized to be carried out as a part of the
project for the Santa Ana River Basin, California, by the Act of
December 22, 1944 (Chapter 665; 58 Stat. 900) that consists of five
earth-filled groins commonly referred to as ``the Riverside Avenue
groins'' is no longer authorized as a Federal project beginning on the
date of enactment of this Act.
SEC. 310. YUBA RIVER BASIN, CALIFORNIA.
(a) In General.--The project for flood damage reduction, Yuba River
Basin, California, authorized by section 101(a)(10) of the Water
Resources Development Act of 1999 (113 Stat. 275) is modified to allow
a non-Federal interest to construct a new levee to connect the existing
levee with high ground.
(b) Project Description.--The levee to be constructed shall tie
into the existing levee at a point Northing 2186189.2438, Easting
6703908.8657, thence running east and south along a path to be
determined to a point Northing 2187849.4328, Easting 6719262.0164.
(c) Cooperation Agreement.--The Secretary shall execute a
conforming amendment to the Memorandum of Understanding Respecting the
Sacramento River Flood Control Project with the State of California
dated November 30, 1953, that is limited to changing the description of
the project to reflect the modification.
(d) No Federal Cost.--
(1) Review costs.--Before construction of the levee
described in subsection (b), the Secretary may accept and
expend funds received from a non-Federal interest to review the
planning, engineering, and design of the levee described in
subsection (b) to ensure that such planning, engineering, and
design complies with Federal standards.
(2) Non-federal share.--The non-Federal share of the cost
of constructing the levee shall be 100 percent.
SEC. 311. BOSTON HARBOR RESERVED CHANNEL DEAUTHORIZATIONS.
(a) 40-foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895) and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297), section 101(a)(13) of the
Water Resources Development Act of 1990 (104 Stat. 4607), and
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1365) described in paragraph (2) are no
longer authorized beginning on the date of enactment of this
Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N. 2950154.45, E.
785995.64;
(ii) running southwesterly about 1451.63
feet to a point N. 2950113.83, E. 784544.58;
(iii) running southeasterly about 54.00
feet to a point N. 2950059.85, E. 784546.09;
(iv) running southwesterly about 1335.82
feet to a point N. 2950022.48, E. 783210.79;
(v) running northwesterly about 83.00 feet
to a point N. 2950105.44, E. 783208.47;
(vi) running northeasterly about 2787.45
feet to a point N. 2950183.44, E. 785994.83;
and
(vii) running southeasterly about 29.00
feet to the point described in clause (i).
(B) Second area.--The second areas described in
this paragraph are--
(i) beginning at a point N. 2950502.86, E.
785540.84;
(ii) running northeasterly about 46.11 feet
to a point N2950504.16, E785586.94;
(iii) running southwesterly about 25.67
feet to a point N. 2950480.84, E. 785576.18;
(iv) running southwesterly to a point N.
2950414.32, E. 783199.83;
(v) running northwesterly about 8.00 feet
to a point N. 2950422.32, E. 783199.60;
(vi) running northeasterly about 2342.58
feet to a point N. 2950487.87, E. 785541.26;
and
(vii) running northwesterly about 15.00
feet to the point described in clause (i).
(b) 35-foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895) and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297) described in paragraph (2)
are no longer authorized beginning on the date of enactment of
this Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N. 2950143.44, E.
787532.14;
(ii) running southeasterly about 22.21 feet
to a point N. 2950128.91, E. 787548.93;
(iii) running southwesterly about 4,339.42
feet to a point N. 2950007.48, E. 783211.21;
(iv) running northwesterly about 15.00 feet
to a point N. 2950022.48, E. 783210.79; and
(v) running northeasterly about 4,323.05
feet to the point described in clause (i).
(B) Second area.--The second areas described in
this paragraph are--
(i) beginning at a point N. 2950502.86, E.
785540.84;
(ii) running southeasterly about 15.00 feet
to a point N. 2950487.87, E. 785541.26;
(iii) running southwesterly about 2342.58
feet to a point N. 2950422.32, E. 783199.60;
(iv) running southeasterly about 8.00 feet
to a point N. 2950414.32, E. 783199.83;
(v) running southwesterly about 1339.12
feet to a point N. 2950376.85, E. 781861.23;
(vi) running northwesterly about 23.00 feet
to a point N. 2950399.84, E. 781860.59; and
(vii) running northeasterly about 3681.70
feet to the point described in clause (i).
SEC. 312. CONTINUED AUTHORIZATION OF CERTAIN PROJECTS.
Notwithstanding the third sentence of section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)),
projects and separable elements of projects identified in the fiscal
year 2017 report prepared in accordance with such section and submitted
to Congress on December 15, 2016, shall not be deauthorized unless such
projects and separable elements meet the requirements of section
1301(b)(1)(A) of the Water Resources Development Act of 2016 (130 Stat.
1687).
SEC. 313. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.
Section 544(f) of the Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2675) is amended--
(1) by striking ``$40,000,000'' and inserting
``$60,000,000''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 314. LAND CONVEYANCE.
(a) In General.--On the date of enactment of this Act, the
Secretary of the Army shall convey to the City of Bainbridge, Georgia,
without monetary consideration and subject to subsection (b), all
right, title, and interest in and to real property described in
subsection (c).
(b) Terms and Conditions.--
(1) In general.--The conveyance by the United States under
this subsection shall be subject to--
(A) the condition that the City of Bainbridge agree
to operate, maintain, and manage the property for fish
and wildlife, recreation, and environmental purposes at
no cost or expense to the United States; and
(B) such other terms and conditions as the
Secretary determines to be in the interest of the
United States.
(2) Reversion.--If the Secretary determines that the real
property conveyed under paragraph (1) ceases to be held in
public ownership or the city ceases to operate, maintain, and
manage the real property in accordance with this subsection,
all right, title, and interest in and to the property shall
revert to the United States, at the option of the Secretary.
(c) Property.--The property to be conveyed is composed of the
following 3 parcels of land:
(1) Parcel 1.--All that tract or parcel of land lying and
being in Land Lots 226. and 228, Fifteenth Land District, and
Land Lots 319, 320, 321, 322, 323 and 358, Twentieth Land
District, Decatur County, Georgia, more particularly described
as follows:
Beginning at a concrete monument stamped ``358''
which is 950 feet, more or less, North of the South
line and 600 feet, more or less, West of the East line
of said Land Lot 358, at a corner of a tract of land
owned by the United States of America at Lake Seminole
and at plane coordinate position North 318,698.72 feet
and East 360,033.38 feet based on Transverse Mercator
Projection, Georgia West Zone;
Thence Due West 75 feet, more or less, to the
contour at elevation 77.0 feet above Mean Sea Level;
Thence Northeasterly along the meanders of said
77.0 foot contour a distance of 20,600 feet, more or
less, to the mouth of the entrance channel to the arena
and boat basin;
Thence N 75 E 150 feet, more or less, to another
point on said 77.0 foot contour;
Thence Northeasterly along the meanders of said
77.0 foot contour a distance of 3,300 feet, more or
less, to a point which is on the boundary of said
United States tract and on the boundary of a tract of
land now or formerly owned by the City of Bainbridge,
Georgia;
Thence along the boundary of said United States
tract the following courses:
S 10 52' E along the boundary of said City
of Bainbridge tract 830 feet, more or less, to
a corner of said tract;
S 89 45' E along the boundary of said City
of Bainbridge tract 700 feet, more or less, to
a concrete monument stamped ``J1A'',
coordinates of said monument being North
328,902.34 feet and East 369,302.33 feet;
S 22 25' W 62 feet, more or less, to a
corner of another tract of land owned by the
City of Bainbridge, Georgia;
S 88 07' W along the boundary of said City
of Bainbridge tract 350 feet, more or less to a
corner of said tract;
N 84 00' W along the boundary of said City
of Bainbridge tract 100.5 feet to a corner said
tract;
S 88 07' W along the boundary of said City
of Bainbridge tract 300.0 feet to a corner of
said tract;
S 14 16' W along boundary of said City of
Bainbridge tract 89.3 feet to a corner of said
tract;
Southwesterly along the boundary of said
City of Bainbridge tract which is along a curve
to the right with a radius of 684.69 feet an
arc distance of 361.8 feet to a corner of said
tract;
S 30 00' W along the boundary of said City
of Bainbridge tract 294.0 feet to a corner of
said tract;
S 10 27.' W along the boundary of said
City of Bainbridge tract 385.0 feet to a corner
of said tract;
N 73 31' W 38 feet, more or less, to a
concrete monument;
S 16 25' W 563.7 feet to a concrete
monument stamped ``J7A'';
S 68 28' W 719.5 feet to a concrete
monument stamped ``J9A'';
S 68 28' W 831.3 feet to a concrete
monument stamped ``J12A'';
S 89 39'.E 746.7 feet to a concrete
monument stamped ``J11A'';
S 01 22' w 80.0 feet to a concrete
monument stamped ``J11B'';
N 89 39' W 980.9 feet to a concrete
monument stamped ``J13A'';
S 01 21' W 560.0 feet to a concrete
monument stamped ``J15A'';
S 37 14' W 1,213.0 feet;
N 52 46' W 600.0 feet;
S 37 14' W 1,000.0 feet;
S 52 46' E 600.0 feet;
S 37 14' W 117.0 feet to a concrete
monument stamped ``320/319'';
S 37 13' W 1,403.8 feet to a concrete
monument stamped ``322/319'';
S 37 13' W 2,771.4 feet to a concrete
monument stamped ``322/323'';
S 37 13' W 1,459.2 feet;
N 89 04' W 578.9 feet;
S 53 42' W 367.7 feet;
S 43 42' W 315.3 feet;
S 26 13' W 654.9 feet, more or less, to
the point of beginning.
Containing 550.00 acres, more or less, and being a
part of Tracts L-1105 and L-1106 of Lake Seminole.
(2) Parcel 2.--All that tract or parcel of land lying and
lying and being in Land Lot 226, Fifteenth Land District,
Decatur County, Georgia, more particularly described as
follows:
Beginning at a point which is on the East right-of-
way line of the Seaboard Airline Railroad, 215 feet
North of the South end of the trestle over the Flint
River, and at a corner of a tract of land owned by the
United States of America at Lake Seminole;
Thence Southeasterly along the boundary of said
United States tract which is along a curve to the right
a distance of 485 feet, more or less, to a point which
is 340 feet, more or less, S 67 00' E from the South
end of said trestle, and at a corner of said United
States tract;
Thence N 70 00' E along the boundary of said
United States tract 60.0 feet to a corner of said
tract;
Thence Northerly along the boundary of said United
States tract which is along a curve to the right a
distance of 525 feet, more or less, to a corner of said
tract;
Thence S 05 00' W along the boundary of said
United States tract 500.0 feet to a corner of said
tract;
Thence Due West along the boundary of said United
States tract 370 feet, more or less, to a point which
is on the East right-of-way line of said railroad and
at a corner of said United States tract;
Thence N 13 30' W along the boundary of said
United States tract which is along the East right-of-
way line of said railroad a distance of 310 feet, more
or less, to the point of beginning.
Containing 3.67 acres, more or less, and being all
of Tract L-1124 of Lake Seminole.
Parcels 1 and 2 contain in the aggregate 553.67
acres, more or less.
(3) Parcel 3.--All that tract or panel of land lying and
being in Land Lot 225, Fifteenth Land District, Decatur County,
Georgia, more particularly described as follows:
Beginning at an iron marker designated ``225/226/
'', which is on the South line and 500 feet, more or
less, West of the Southeast corner of said Land Lot 225
at a corner of a tract of land owned by the United
States of America at Lake Seminole and at plane
coordinate position North 330,475.82 feet and East
370,429.36 feet, based on Transverse Mercator
Projection, Georgia West Zone;
Thence Due West along the boundary of said United
States tract a distance of 53.0 feet to a monument
stamped ``225/226-A'';
Thence continue Due West along the boundary of said
United States tract a distance of 56 feet, more or
less, to a point on the East bank of the Flint River;
Thence Northerly, upstream, along the meanders of
the East bank of said river a distance of 1,200 feet,
more or less, to a point which is on the Southern
right-of-way line of U.S. Highway No. 84 and at a
corner of said United States tract;
Thence Easterly and Southeasterly along the
Southern right-of-way line of said highway, which is
along the boundary of said United States tract a
distance of 285 feet, more or less, to a monument
stamped ``L-23-1'', the coordinates of said monument
being North 331,410.90 and East 370,574.96;
Thence S 02 25' E along the boundary of said
United States tract a distance of 650.2 feet to a
monument stamped ``225-A'';
Thence S 42 13' E along the boundary of said
United States tract a distance of 99.8 feet to a
monument stamped ``225'';
Thence S 48 37' W along the boundary of said
United States tract a distance of 319.9 feet, more or
less, to the point of beginning.
Containing 4.14 acres, more or less, and being all
of Tract L-1123 of the Lake Seminole Project.
SEC. 315. CEDAR RIVER, CEDAR RAPIDS, IOWA.
The Secretary shall expedite completion of the project for flood
risk management, Cedar River, Cedar Rapids, Iowa, authorized by section
7002(2) of the Water Resources Development Act of 2014 (128 Stat.
1366).
SEC. 316. CORPS OF ENGINEERS BRIDGE REPAIR AND DIVESTITURE PROGRAM FOR
NEW ENGLAND EVACUATION ROUTES.
Subject to the availability of appropriations, the Secretary may
repair or replace, as necessary, any bridge owned and operated by the
Secretary that is--
(1) located in any of the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, and Vermont; and
(2) necessary for evacuation during an extreme weather
event.
SEC. 317. PORT OF WHITMAN COUNTY.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 288 acres of land situated in Whitman County,
Washington, contained within Tract D of Little Goose Lock and
Dam.
(2) Non-federal land.--The term ``non-Federal land'' means
a tract or tracts of land owned by the Port of Whitman County,
Washington, that the Secretary determines, with approval of the
Washington Department of Fish and Wildlife and the Secretary of
the Interior acting through the Director of the United States
Fish and Wildlife Service, equals or exceeds the value of the
Federal land both as habitat for fish and wildlife and for
recreational opportunities related to fish and wildlife.
(b) Land Exchange.--On conveyance by the Port of Whitman County to
the United States of all right, title, and interest in and to the non-
Federal land, the Secretary of the Army shall convey to the Port of
Whitman County all right, title, and interest of the United States in
and to the Federal land.
(c) Deeds.--
(1) Deed to non-federal land.--The Secretary may only
accept conveyance of the non-Federal land by warranty deed, as
determined acceptable by the Secretary.
(2) Deed to federal land.--The Secretary shall convey the
Federal land to the Port of Whitman County by quitclaim deed
and subject to any reservations, terms, and conditions the
Secretary determines necessary to allow the United States to
operate and maintain the Lower Snake River Project and to
protect the interests of the United States.
(d) Cash Payment.--If the appraised fair market value of the
Federal land, as determined by the Secretary, exceeds the appraised
fair market value of the non-Federal land, as determined by the
Secretary, the Port of Whitman County shall make a cash payment to the
United States reflecting the difference in the appraised fair market
values.
(e) Administrative Expenses.--The Port of Whitman County shall be
responsible for the administrative costs of the transaction in
accordance with section 2695 of title 10, United States Code.
(f) Liability.--The Port of Whitman County shall hold the United
States harmless from any liability with respect to activities carried
out on the Federal land on or after the date of the conveyance.
(g) Applicability of Real Property Screening Provisions.--Section
2696 of title 10, United States Code, shall not apply to the conveyance
of the Federal land under this section.
(h) Survey to Obtain Legal Description.--The exact acreage and
legal description of the Federal land and non-Federal land shall be
determined by a survey that is satisfactory to the Secretary.
SEC. 318. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGATION IMPROVEMENT
PROJECT.
In carrying out the project for navigation, Hampton Harbor, New
Hampshire, under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), the Secretary shall use all existing authorities of the
Secretary to mitigate severe shoaling.
SEC. 319. PORTSMOUTH HARBOR AND PISCATAQUA RIVER.
The Secretary shall expedite the project for navigation for
Portsmouth Harbor and the Piscataqua River authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173).
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on March 17, 2017, and February 5, 2018, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports or decision documents designated in this
section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Galveston Harbor Aug. 8, 2017 Federal: $10,046,000
Channel Extension Non-Federal: $3,349,000
Project, Houston- Total: $13,395,000
Galveston
Navigation
Channels
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NY Mamaroneck- Dec. 14, 2017 Federal: $53,500,000
Sheldrake Rivers Non-Federal: $28,750,000
Total: $82,250,000
------------------------------------------------------------------------
2. HI Ala Wai Canal Dec. 21, 2017 Federal: $198,962,000;
Non-Federal: $107,133,000
Total: $306,095,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. FL St. Johns County Aug. 8, 2017 Initial Federal: $5,712,000
Initial Non-Federal:
$19,122,000
Initial Total: $24,834,000
Renourishment Federal:
$9,484,000
Renourishment Non-Federal:
$44,099,000
Renourishment Total:
$53,583,000
------------------------------------------------------------------------
2. TX Sabine Pass to Dec. 7, 2017 Initial Federal:
Galveston Bay $2,157,202,000
Initial Non-Federal:
$1,161,570,000
Initial Total:
$3,318,772,000
------------------------------------------------------------------------
3. FL St. Lucie County Dec. 15, Initial Federal: $7,097,000
2017 Initial Non-Federal:
$13,179,000
Initial Total: $20,276,000
Renourishment Federal:
$8,915,000
Renourishment Non-Federal:
$24,105,000
Renourishment Total:
$33,020,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NM Espanola Valley, May 11, 2018 Federal: $40,117,000
Rio Grande Non-Federal: $21,601,000
Total: $61,718,000
------------------------------------------------------------------------
(5) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. GA Savannah Harbor Dec. 5, 2016 Federal: $677,613,600
Expansion Project Non-Federal: $295,829,400
Total: $973,443,000
------------------------------------------------------------------------
2. KY Kentucky River April 20, Federal: $0
Locks and Dams - 2018 Non-Federal: $0
1, 2, 3, and 4 Total: $0
------------------------------------------------------------------------
Passed the House of Representatives June 6, 2018.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 488
115th CONGRESS
2d Session
H. R. 8
_______________________________________________________________________
AN ACT
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
_______________________________________________________________________
June 26, 2018
Read twice and placed on the calendar