114th CONGRESS
2d Session
S. 2848
IN THE SENATE OF THE UNITED STATES
AN ACT
To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Water Resources Development Act of 2016
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Limitations.
TITLE I—Program reforms
Sec. 1001. Study of water resources development projects by non-Federal interests.
Sec. 1002. Advanced funds for water resources development studies and projects.
Sec. 1003. Authority to accept and use materials and services.
Sec. 1004. Partnerships with non-Federal entities to protect the Federal investment.
Sec. 1005. Non-Federal study and construction of projects.
Sec. 1006. Munitions disposal.
Sec. 1007. Challenge cost-sharing program for management of recreation facilities.
Sec. 1008. Structures and facilities constructed by the Secretary.
Sec. 1009. Project completion.
Sec. 1010. Contributed funds.
Sec. 1011. Application of certain benefits and costs included in final feasibility studies.
Sec. 1012. Leveraging Federal infrastructure for increased water supply.
Sec. 1013. New England District headquarters.
Sec. 1014. Buffalo District headquarters.
Sec. 1015. Completion of ecosystem restoration projects.
Sec. 1016. Credit for donated goods.
Sec. 1017. Structural health monitoring.
Sec. 1018. Fish and wildlife mitigation.
Sec. 1019. Non-Federal interests.
Sec. 1020. Discrete segment.
Sec. 1021. Funding to process permits.
Sec. 1022. International Outreach Program.
Sec. 1023. Wetlands mitigation.
Sec. 1024. Use of Youth Service and Conservation Corps.
Sec. 1025. Debris removal.
Sec. 1026. Aquaculture study.
Sec. 1027. Levee vegetation.
Sec. 1028. Planning assistance to States.
Sec. 1029. Prioritization.
Sec. 1030. Kennewick Man.
Sec. 1031. Disposition studies.
Sec. 1032. Transfer of excess credit.
Sec. 1033. Surplus water storage.
Sec. 1034. Hurricane and storm damage reduction.
Sec. 1035. Fish hatcheries.
Sec. 1036. Feasibility studies and watershed assessments.
Sec. 1037. Shore damage prevention or mitigation.
Sec. 1038. Enhancing lake recreation opportunities.
Sec. 1039. Cost estimates.
Sec. 1040. Tribal partnership program.
Sec. 1041. Cost sharing for territories and Indian tribes.
Sec. 1042. Local government water management plans.
Sec. 1043. Credit in lieu of reimbursement.
Sec. 1044. Retroactive changes to cost-sharing agreements.
Sec. 1045. Easements for electric, telephone, or broadband service facilities eligible for financing under the Rural Electrification Act of 1936.
Sec. 1046. Study on the performance of innovative materials.
Sec. 1047. Deauthorization of inactive projects.
Sec. 1048. Review of reservoir operations.
Sec. 1049. Written agreement requirement for water resources projects.
Sec. 1050. Maximum cost of projects.
Sec. 1051. Conversion of surplus water agreements.
Sec. 1052. Authorized funding for interagency and international support.
Sec. 1053. Surplus water storage.
Sec. 1054. GAO review and report.
TITLE II—Navigation
Sec. 2001. Projects funded by the Inland Waterways Trust Fund.
Sec. 2002. Operation and maintenance of fuel-taxed inland waterways.
Sec. 2003. Funding for harbor maintenance programs.
Sec. 2004. Dredged material disposal.
Sec. 2005. Cape Arundel disposal site, Maine.
Sec. 2006. Maintenance of harbors of refuge.
Sec. 2007. Aids to navigation.
Sec. 2008. Beneficial use of dredged material.
Sec. 2009. Operation and maintenance of harbor projects.
Sec. 2010. Additional measures at donor ports and energy transfer ports.
Sec. 2011. Harbor deepening.
Sec. 2012. Operations and maintenance of inland Mississippi River ports.
Sec. 2013. Implementation guidance.
Sec. 2014. Remote and subsistence harbors.
Sec. 2015. Non-Federal interest dredging authority.
Sec. 2016. Transportation cost savings.
Sec. 2017. Dredged material.
Sec. 2018. Great Lakes Navigation System.
Sec. 2019. Harbor Maintenance Trust Fund.
TITLE III—Safety improvements
Sec. 3001. Rehabilitation assistance for non-Federal flood control projects.
Sec. 3002. Rehabilitation of existing levees.
Sec. 3003. Maintenance of high risk flood control projects.
Sec. 3004. Rehabilitation of high hazard potential dams.
Sec. 3005. Expedited completion of authorized projects for flood damage reduction.
Sec. 3006. Cumberland River Basin Dam repairs.
Sec. 3007. Indian dam safety.
Sec. 3008. Rehabilitation of Corps of Engineers constructed flood control dams.
TITLE IV—River basins, watersheds, and coastal areas
Sec. 4001. Gulf Coast oyster bed recovery plan.
Sec. 4002. Columbia River, Platte River, and Arkansas River.
Sec. 4003. Missouri River.
Sec. 4004. Puget Sound nearshore ecosystem restoration.
Sec. 4005. Ice jam prevention and mitigation.
Sec. 4006. Chesapeake Bay oyster restoration.
Sec. 4007. North Atlantic coastal region.
Sec. 4008. Rio Grande.
Sec. 4009. Texas coastal area.
Sec. 4010. Upper Mississippi and Illinois Rivers flood risk management.
Sec. 4011. Salton Sea, California.
Sec. 4012. Adjustment.
Sec. 4013. Coastal resiliency.
Sec. 4014. Regional intergovernmental collaboration on coastal resilience.
Sec. 4015. South Atlantic coastal study.
Sec. 4016. Kanawha River Basin.
Sec. 4017. Consideration of full array of measures for coastal risk reduction.
Sec. 4018. Waterfront community revitalization and resiliency.
Sec. 4019. Table Rock Lake, Arkansas and Missouri.
Sec. 4020. Pearl River Basin, Mississippi.
TITLE V—Deauthorizations
Sec. 5001. Deauthorizations.
Sec. 5002. Conveyances.
TITLE VI—Water resources infrastructure
Sec. 6001. Authorization of final feasibility studies.
Sec. 6002. Authorization of project modifications recommended by the Secretary.
Sec. 6003. Authorization of study and modification proposals submitted to Congress by the Secretary.
Sec. 6004. Expedited completion of reports.
Sec. 6005. Extension of expedited consideration in Senate.
Sec. 6006. GAO study on Corps of Engineers methodology and performance metrics.
Sec. 6007. Inventory assessment.
Sec. 6008. Saint Lawrence Seaway modernization.
Sec. 6009. Yazoo Basin, Mississippi.
TITLE VII—Safe drinking water and clean water infrastructure
Sec. 7001. Definition of Administrator.
Sec. 7002. Sense of the Senate on appropriations levels and findings on economic impacts.
Subtitle A—Drinking water
Sec. 7101. Preconstruction work.
Sec. 7102. Priority system requirements.
Sec. 7103. Administration of State loan funds.
Sec. 7104. Other authorized activities.
Sec. 7105. Negotiation of contracts.
Sec. 7106. Assistance for small and disadvantaged communities.
Sec. 7107. Reducing lead in drinking water.
Sec. 7108. Regional liaisons for minority, tribal, and low-income communities.
Sec. 7109. Notice to persons served.
Sec. 7110. Electronic reporting of drinking water data.
Sec. 7111. Lead testing in school and child care drinking water.
Sec. 7112. WaterSense program.
Sec. 7113. Water supply cost savings.
Sec. 7114. Small system technical assistance.
Sec. 7115. Definition of Indian tribe.
Sec. 7116. Technical assistance for tribal water systems.
Sec. 7117. Requirement for the use of American materials.
Subtitle B—Clean water
Sec. 7201. Sewer overflow control grants.
Sec. 7202. Small and medium treatment works.
Sec. 7203. Integrated plans.
Sec. 7204. Green infrastructure promotion.
Sec. 7205. Financial capability guidance.
Sec. 7206. Chesapeake Bay Grass Survey.
Sec. 7207. Great Lakes harmful algal bloom coordinator.
Subtitle C—Innovative financing and promotion of innovative technologies
Sec. 7301. Water infrastructure public-private partnership pilot program.
Sec. 7302. Water infrastructure finance and innovation.
Sec. 7303. Water Infrastructure Investment Trust Fund.
Sec. 7304. Innovative water technology grant program.
Sec. 7305. Water Resources Research Act amendments.
Sec. 7306. Reauthorization of Water Desalination Act of 1996.
Sec. 7307. National drought resilience guidelines.
Sec. 7308. Innovation in State water pollution control revolving loan funds.
Sec. 7309. Innovation in drinking water State revolving loan funds.
Subtitle D—Drinking water disaster relief and infrastructure investments
Sec. 7401. Drinking water infrastructure.
Sec. 7402. Loan forgiveness.
Sec. 7403. Registry for lead exposure and advisory committee.
Sec. 7404. Additional funding for certain childhood health programs.
Sec. 7405. Review and report.
Subtitle E—Report on groundwater contamination
Sec. 7501. Definitions.
Sec. 7502. Report on groundwater contamination.
Subtitle F—Restoration
PART I—Great Lakes Restoration
Sec. 7611. Great Lakes Restoration Initiative.
Sec. 7612. Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990.
PART II—Lake Tahoe Restoration
Sec. 7621. Findings and purposes.
Sec. 7622. Definitions.
Sec. 7623. Improved administration of the Lake Tahoe Basin Management Unit.
Sec. 7624. Authorized programs.
Sec. 7625. Program performance and accountability.
Sec. 7626. Conforming amendments; updates to related laws.
Sec. 7627. Authorization of appropriations.
Sec. 7628. Land transfers to improve management efficiencies of Federal and State land.
PART III—Long Island Sound Restoration
Sec. 7631. Restoration and stewardship programs.
Sec. 7632. Reauthorization.
PART IV—Delaware River Basin Conservation
Sec. 7641. Findings.
Sec. 7642. Definitions.
Sec. 7643. Program establishment.
Sec. 7644. Grants and assistance.
Sec. 7645. Annual reports.
Sec. 7646. Authorization of appropriations.
PART V—Columbia River Basin Restoration
Sec. 7651. Columbia River Basin restoration.
Subtitle G—Innovative water infrastructure workforce development
Sec. 7701. Innovative water infrastructure workforce development program.
Subtitle H—Offset
Sec. 7801. Offset.
TITLE VIII—Miscellaneous provisions
Sec. 8001. Approval of State programs for control of coal combustion residuals.
Sec. 8002. Choctaw Nation of Oklahoma and the Chickasaw Nation water settlement.
Sec. 8003. Land transfer and trust land for the Muscogee (Creek) Nation.
Sec. 8004. Reauthorization of Denali Commission.
Sec. 8005. Recreational access of floating cabins.
Sec. 8006. Regulation of aboveground storage at farms.
Sec. 8007. Salt cedar removal permit reviews.
Sec. 8008. International outfall interceptor repair, operations, and maintenance.
Sec. 8009. Pechanga Band of Luiseño Mission Indians water rights settlement.
Sec. 8010. Gold King Mine spill recovery.
Sec. 8011. Reports by the Comptroller General.
Sec. 8012. Sense of Congress.
Sec. 8013. Bureau of Reclamation Dakotas Area Office permit fees for cabins and trailers.
Sec. 8014. Use of trailer homes at heart butte dam and reservoir (Lake Tschida).
TITLE IX—Blackfeet Water Rights Settlement Act
Sec. 9001. Short title.
Sec. 9002. Purposes.
Sec. 9003. Definitions.
Sec. 9004. Ratification of compact.
Sec. 9005. Milk River water right.
Sec. 9006. Water delivery through Milk River project.
Sec. 9007. Bureau of Reclamation activities to improve water management.
Sec. 9008. St. Mary canal hydroelectric power generation.
Sec. 9009. Storage allocation from Lake Elwell.
Sec. 9010. Irrigation activities.
Sec. 9011. Design and construction of MR&I System.
Sec. 9012. Design and construction of water storage and irrigation facilities.
Sec. 9013. Blackfeet water, storage, and development projects.
Sec. 9014. Easements and rights-of-way.
Sec. 9015. Tribal water rights.
Sec. 9016. Blackfeet settlement trust fund.
Sec. 9017. Blackfeet water settlement implementation fund.
Sec. 9018. Authorization of appropriations.
Sec. 9019. Water rights in Lewis and Clark National Forest and Glacier National Park.
Sec. 9020. Waivers and releases of claims.
Sec. 9021. Satisfaction of claims.
Sec. 9022. Miscellaneous provisions.
Sec. 9023. Expiration on failure to meet enforceability date.
Sec. 9024. Antideficiency.
Definition of Secretary
In this Act, the term Secretary means the Secretary of the Army.
Limitations
Nothing in this Act—
supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;
supersedes or authorizes any amendment to a multistate water control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act);
affects any water right in existence on the date of enactment of this Act;
preempts or affects any State water law or interstate compact governing water; or
affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within the State.
Program reforms
Study of water resources development projects by non-Federal interests
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended by adding at the end the following:
Technical assistance
On the request of a non-Federal interest, the Secretary may provide technical assistance relating to any aspect of the feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance.
.
Advanced funds for water resources development studies and projects
The Act of October 15, 1940 (33 U.S.C. 701h–1), is amended—
in the first sentence—
by striking Whenever any
and inserting the following:
In general
Whenever any
;
by striking a flood-control project duly adopted and authorized by law
and inserting an authorized water resources development study or project,
; and
by striking such work
and inserting such study or project
;
in the second sentence—
by striking The Secretary of the Army
and inserting the following:
Repayment
The Secretary of the Army
; and
by striking from appropriations which may be provided by Congress for flood-control work
and inserting if specific appropriations are provided by Congress for such purpose
; and
by adding at the end the following:
Definition of State
In this section, the term State means—
a State;
the District of Columbia;
the Commonwealth of Puerto Rico;
any other territory or possession of the United States; and
a federally recognized Indian tribe or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
.
Authority to accept and use materials and services
Section 1024 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2325a) is amended—
by striking subsection (a) and inserting the following:
In general
Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—
there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and
acceptance of the materials and services or funds is in the public interest.
; and
in subsection (c), in the matter preceding paragraph (1)—
by striking Not later than 60 days after initiating an activity under this section,
and inserting Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section,
; and
by striking a report
and inserting an annual report
.
Partnerships with non-Federal entities to protect the Federal investment
In general
Subject to subsection (c), the Secretary is authorized to partner with a non-Federal interest for the maintenance of a water resources project to ensure that the project will continue to function for the authorized purposes of the project.
Form of partnership
Under a partnership referred to in subsection (a), the Secretary is authorized to accept and use funds, materials, and services contributed by the non-Federal interest.
No credit or reimbursement
Any entity that contributes materials, services, or funds under this section shall not be eligible for credit, reimbursement, or repayment for the value of those materials, services, or funds.
Non-Federal study and construction of projects
In general
The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, monitoring, and other Federal activities related to non-Federal interests carrying out the study, design, or construction of water resources development projects under section 203 or 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232) or any other Federal law.
Inclusion in costs
In determining credit or reimbursement, the Secretary may include the amount of funds provided by a non-Federal interest under this section as a cost of the study, design, or construction.
Munitions disposal
Section 1027 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 426e–2) is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting , at full Federal expense,
after The Secretary may
; and
in subsection (b), by striking funded
and inserting reimbursed
.
Challenge cost-sharing program for management of recreation facilities
Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
User fees
Collection of fees
In general
The Secretary may allow a non-Federal public or private entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by that entity or the Department of the Army.
Use of visitor reservation services
A public or private entity described in subparagraph (A) may use to manage fee collections and reservations under this section any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and conditions as the Secretary determines to be appropriate.
Use of fees
A non-Federal public or private entity that collects user fees under paragraph (1) may—
retain up to 100 percent of the fees collected, as determined by the Secretary; and
notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), use that amount for operation, maintenance, and management at the recreation site at which the fee is collected.
Terms and conditions
The authority of a non-Federal public or private entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States.
.
Structures and facilities constructed by the Secretary
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) (commonly known as the Rivers and Harbors Act of 1899
), is amended—
by striking That it shall not be lawful
and inserting the following:
Prohibitions and permissions
It shall not be lawful
; and
by adding at the end the following:
Concurrent review
NEPA review
In general
In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), review and approval under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act.
Corps of Engineers as a cooperating agency
If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Chief of Engineers shall, to the maximum extent practicable—
participate in the review as a cooperating agency (unless the Chief of Engineers does not intend to submit comments on the project); and
adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
Reviews by Secretary
In any case in which the Secretary of the Army is required to approve an action under this section and under another authority, including sections 9 and 10 of this Act, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the Secretary shall—
coordinate the reviews and, to the maximum extent practicable, carry out the reviews concurrently; and
adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if the document, as determined by the Secretary, is current and applicable.
Contributed funds
The Secretary of the Army may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States.
.
Project completion
For any project authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835), the authorization of appropriations is increased by the amount, including in increments, necessary to allow completion of the project if—
as of the date of enactment of this Act, the project has received more than $4,000,000 in Federal appropriations and those appropriations equal an amount that is greater than 80 percent of the authorized amount;
significant progress has been demonstrated toward completion of the project or segments of the project but the project is not complete as of the date of enactment of this Act; and
the benefits of the Federal investment will not be realized without an increase in the authorization of appropriations to allow completion of the project.
Contributed funds
Contributed funds
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h) (commonly known as the Flood Control Act of 1936
), is amended—
by striking funds appropriated by the United States for
; and
in the first proviso, by inserting after authorized purposes of the project:
the following: Provided further, That the Secretary may receive and expend funds from a State or a political subdivision of a State and other non-Federal interests to formulate, review, or revise, consistent with authorized project purposes, operational documents for any reservoir owned and operated by the Secretary (other than reservoirs in the Upper Missouri River, the Apalachicola-Chattahoochee-Flint River system, the Alabama-Coosa-Tallapoosa River system, and the Stones River):
Report
Section 1015 of the Water Resources Reform and Development Act of 2014 is amended by striking subsection (b) (33 U.S.C. 701h note; Public Law 113–121) and inserting the following:
Report
Not later than February 1 of each year, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that—
describes the number of agreements executed in the previous fiscal year for the acceptance of contributed funds under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h) (commonly known as the Flood Control Act of 1936
); and
includes information on the projects and amounts of contributed funds referred to in paragraph (1).
.
Application of certain benefits and costs included in final feasibility studies
In general
For a navigation project authorized after November 7, 2007, involving offshore oil and gas fabrication ports, the recommended plan by the Chief of Engineers shall be the plan that uses the value of future energy exploration and production fabrication contracts and the transportation savings that would result from a larger navigation channel in accordance with section 6009 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat. 282).
Special rule
In addition to projects described in subsection (a), this section shall apply to—
a project that has undergone an economic benefits update; and
at the request of the non-Federal sponsor, any ongoing feasibility study for which the benefits under section 6009 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat. 282) may apply.
Leveraging Federal infrastructure for increased water supply
In general
At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at Federal water resources projects through—
modification of a water resources project;
modification of how a project is managed; or
accessing water released from a project.
Proposals included
A proposal under subsection (a) may include—
increasing the storage capacity of the project;
diversion of water released or withdrawn from the project—
to recharge groundwater;
to aquifer storage and recovery; or
to any other storage facility;
construction of facilities for delivery of water from pumping stations constructed by the Secretary;
construction of facilities to access water; and
a combination of the activities described in paragraphs (1) through (4).
Exclusions
This section shall not apply to a proposal that—
reallocates existing water supply or hydropower storage; or
reduces water available for any authorized project purpose.
Other Federal projects
In any case in which a proposal relates to a Federal project that is not owned by the Secretary, this section shall apply only to activities under the authority of the Secretary.
Review process
Notice
On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and if applicable, the Federal agency that owns the project, in the case of a project owned by an agency other than the Department of the Army.
Public participation
In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—
affected States;
Power Marketing Administrations, in the case of reservoirs with Federal hydropower projects;
entities responsible for operation and maintenance costs;
any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;
entities that the State determines hold rights under State law to the use of water from the project; and
units of local government with flood risk reduction responsibilities downstream of the project.
Authorities
A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—
the specific authorization for the water resources project;
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a);
section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); and
section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899
) (33 U.S.C. 408).
Limitations
The Secretary shall not approve a proposal submitted under subsection (a) that—
is not supported by the Federal agency that owns the project if the owner is not the Secretary;
interferes with an authorized purpose of the project;
adversely impacts contractual rights to water or storage at the reservoir;
adversely impacts legal rights to water under State law, as determined by an affected State;
increases costs for any entity other than the entity that submitted the proposal; or
if a project is subject to section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress.
Cost share
In general
Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government.
Planning assistance to states
In the case of a proposal from an entity authorized to receive assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a).
Operation and maintenance costs
In general
Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal.
Certain water supply storage projects
For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
Voluntary contributions
An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a).
Contributed funds
The Secretary may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a).
Assistance
On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance.
Exclusion
This section shall not apply to reservoirs in—
the Upper Missouri River;
the Apalachicola-Chattahoochee-Flint river system;
the Alabama-Coosa-Tallapoosa river system; and
the Stones River.
Effect of section
Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.
New England District headquarters
In general
Subject to subsection (b), using amounts available in the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) and not otherwise obligated, the Secretary may—
design, renovate, and construct additions to 2 buildings located on Hanscom Air Force Base in Bedford, Massachusetts for the headquarters of the New England District of the Army Corps of Engineers; and
carry out such construction and infrastructure improvements as are required to support the headquarters of the New England District of the Army Corps of Engineers, including any necessary demolition of the existing infrastructure.
Requirement
In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.
Buffalo District headquarters
In general
Subject to subsection (b), using amounts available in the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) and not otherwise obligated, the Secretary may—
design and construct a new building in Buffalo, New York, for the headquarters of the Buffalo District of the Army Corps of Engineers; and
carry out such construction and infrastructure improvements as are required to support the headquarters and related installations and facilities of the Buffalo District of the Army Corps of Engineers, including any necessary demolition or renovation of the existing infrastructure.
Requirement
In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.
Completion of ecosystem restoration projects
Section 2039 of the Water Resources Development Act of 2007 (33 U.S.C. 2330a) is amended by adding at the end the following:
Inclusions
A monitoring plan under subsection (b) shall include a description of—
the types and number of restoration activities to be conducted;
the physical action to be undertaken to achieve the restoration objectives of the project;
the functions and values that will result from the restoration plan; and
a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.
Conclusion of operation and maintenance responsibility
The responsibility of the non-Federal sponsor for operation, maintenance, repair, replacement, and rehabilitation of the ecosystem restoration project shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).
.
Credit for donated goods
Section 221(a)(4)(D)(iv) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(D)(iv)) is amended—
by inserting regardless of the cost incurred by the non-Federal interest,
before shall not
; and
by striking costs
and inserting value
.
Structural health monitoring
In general
The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—
response to flood and earthquake events;
pre-disaster mitigation measures;
lengthening the useful life of the infrastructure; and
identifying risks due to sea level rise.
Consultation and consideration
In developing the program under subsection (a), the Secretary shall—
consult with academic and other experts; and
consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.
Fish and wildlife mitigation
Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
in subsection (h)—
in paragraph (4)—
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
include measures to protect or restore habitat connectivity
;
in paragraph (6)(C), by striking impacts
and inserting impacts, including impacts to habitat connectivity
; and
by striking paragraph (11) and inserting the following:
Effect
Nothing in this subsection—
requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or
affects the mitigation responsibilities of the Secretary under any other provision of law.
; and
by adding at the end the following:
Use of funds
The Secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section.
Measures
The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity.
.
Non-Federal interests
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by inserting or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))
after Indian tribe
.
Discrete segment
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended—
by striking project or separable element
each place it appears and inserting project, separable element, or discrete segment
;
by striking project, or separable element thereof,
each place it appears and inserting project, separable element, or discrete segment of a project
;
in subsection (a)—
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and
by striking the subsection designation and all that follows through In this section, the
and inserting the following:
Definitions
In this section:
Discrete segment
The term discrete segment, with respect to a project, means a physical portion of the project, as described in design documents, that is environmentally acceptable, is complete, will not create a hazard, and functions independently so that the non-Federal sponsor can operate and maintain the discrete segment in advance of completion of the total project or separable element of the project.
Water resources development project
The
;
in subsection (b)(1), in the matter preceding subparagraph (A), by striking project, or separate element thereof
and inserting project, separable element, or discrete segment of a project
; and
in subsection (d)—
in paragraph (3)(B), in the matter preceding clause (i), by striking project
and inserting project, separable element, or discrete segment
;
in paragraph (4), in the matter preceding subparagraph (A), by striking project, or a separable element of a water resources development project,
and inserting project, separable element, or discrete segment of a project
; and
by adding at the end the following:
Repayment of reimbursement
If the non-Federal interest receives reimbursement for a discrete segment of a project and fails to complete the entire project or separable element of the project, the non-Federal interest shall repay to the Secretary the amount of the reimbursement, plus interest.
.
Funding to process permits
Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—
in paragraph (1), by adding at the end the following:
Rail carrier
The term rail carrier has the meaning given the term in section 10102 of title 49, United States Code.
;
in paragraph (2), by striking or natural gas company
and inserting , natural gas company, or rail carrier
;
in paragraph (3), by striking or natural gas company
and inserting , natural gas company, or rail carrier
; and
in paragraph (5), by striking and natural gas companies
and inserting , natural gas companies, and rail carriers, including an evaluation of the compliance with all requirements of this section and, with respect to a permit for those entities, the requirements of all applicable Federal laws
.
International Outreach Program
Section 401 of the Water Resources Development Act of 1992 (33 U.S.C. 2329) is amended by striking subsection (a) and inserting the following:
Authorization
In general
The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.
Inclusions
Activities under paragraph (1) may include—
development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
research, development, training, and other forms of technology transfer and exchange; and
offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.
.
Wetlands mitigation
Section 2036(c) of the Water Resources Development Act of 2007 (33 U.S.C. 2317b) is amended by adding at the end the following:
Mitigation banks
In general
Not later than 180 days after the date of enactment of this paragraph, the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks and in-lieu fee programs with an approved service area that includes the projected impacts of the water resource development project.
Requirements
All potential mitigation bank and in-lieu fee credits that meet the criteria under subparagraph (A) shall be considered a reasonable alternative for planning purposes if the applicable mitigation bank—
has an approved mitigation banking instrument; and
has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region.
Effect
Nothing in this paragraph modifies or alters any requirement for a water resources project to comply with applicable laws or regulations, including section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283).
.
Use of Youth Service and Conservation Corps
Section 213 of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by adding at the end the following:
Youth service and conservation corps
The Secretary shall encourage each district of the Corps of Engineers to enter into cooperative agreements authorized under this section with qualified youth service and conservation corps to perform appropriate projects.
.
Debris removal
Section 3 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes
, approved March 2, 1945 (33 U.S.C. 603a), is amended—
by striking $1,000,000
and inserting $5,000,000
;
by striking accumulated snags and other debris
and inserting accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel
; and
by striking or flood control
and inserting , flood control, or recreation
.
Aquaculture study
In general
The Comptroller General shall carry out an assessment of the shellfish aquaculture industry, including—
an examination of Federal and State laws (including regulations) in each relevant district of the Corps of Engineers;
the number of shellfish aquaculture leases, verifications, or permits in place in each relevant district of the Corps of Engineers;
the period of time required to secure a shellfish aquaculture lease, verification, or permit from each relevant jurisdiction; and
the experience of the private sector in applying for shellfish aquaculture permits from different jurisdictions of the Corps of Engineers and different States.
Study area
The study area shall comprise, to the maximum extent practicable, the following applicable locations:
The Chesapeake Bay.
The Gulf Coast States.
The State of California.
The State of Washington.
Findings
Not later than 225 days after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Environment and Public Works and on Energy and Natural Resources of the Senate and the Committees on Transportation and Infrastructure and on Natural Resources of the House of Representatives a report containing the findings of the assessment conducted under subsection (a).
Levee vegetation
In general
Section 3013(g)(1) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 701n note; Public Law 113–121) is amended—
by inserting remove existing vegetation or
after the Secretary shall not
; and
by striking as a condition or requirement for any approval or funding of a project, or any other action
.
Report
Not later than 30 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
describes the reasons for the failure of the Secretary to meet the deadlines in subsection (f) of section 3013 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 701n note; Public Law 113–121); and
provides a plan for completion of the activities required in that subsection (f).
Planning assistance to States
Section 22(a)(1) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(a)(1)) is amended—
by inserting , a group of States, or a regional or national consortia of States
after working with a State
; and
by striking located within the boundaries of such State
.
Prioritization
Section 1011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2341a) is amended—
in subsection (a)—
in paragraph (1)(C), by inserting restore or
before prevent the loss
; and
in paragraph (2)—
in the matter preceding subparagraph (A), by striking the date of enactment of this Act
and inserting the date of enactment of the Water Resources Development Act of 2016
; and
in subparagraph (A)(ii), by striking that—
and all that follows through (II)
and inserting that
; and
in subsection (b)—
in paragraph (1), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
in the matter preceding subparagraph (A) (as so redesignated), by striking For
and inserting the following:
In general
For
; and
by adding at the end the following:
Expedited consideration of currently authorized programmatic authorities
Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—
a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—
were authorized or modified in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or any subsequent Act; and
that meet the criteria described in paragraph (1); and
a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.
.
Kennewick Man
Definitions
In this section:
Claimant tribes
The term claimant tribes means the Indian tribes and band referred to in the letter from Secretary of the Interior Bruce Babbitt to Secretary of the Army Louis Caldera, relating to the human remains and dated September 21, 2000.
Department
The term Department means the Washington State Department of Archaeology and Historic Preservation.
Human remains
The term human remains means the human remains that—
are known as Kennewick Man or the Ancient One, which includes the projectile point lodged in the right ilium bone, as well as any residue from previous sampling and studies; and
are part of archaeological collection number 45BN495.
Transfer
Notwithstanding any other provision of Federal law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Chief of Engineers, shall transfer the human remains to the Department, on the condition that the Department, acting through the State Historic Preservation Officer, disposes of the remains and repatriates the remains to claimant tribes.
Cost
The Corps of Engineers shall be responsible for any costs associated with the transfer.
Limitations
In general
The transfer shall be limited solely to the human remains portion of the archaeological collection.
Secretary
The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection (b) after the date of the transfer.
Disposition studies
In carrying out any disposition study for a project of the Corps of Engineers (including a study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a)), the Secretary shall consider the extent to which the property has economic or recreational significance or impacts at the national, State, or local level.
Transfer of excess credit
Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended—
in subsection (a)—
by striking the subsection designation and heading and all that follows through Subject to subsection (b)
and inserting the following:
Application of credit
In general
Subject to subsection (b)
; and
by adding at the end the following:
Reasonable intervals
On request from a non-Federal interest, the credit described in subsection (a) may be applied at reasonable intervals as those intervals occur and are identified as being in excess of the required non-Federal cost share prior to completion of the study or project if the credit amount is verified by the Secretary.
;
by striking subsection (d); and
by redesignating subsection (e) as subsection (d).
Surplus water storage
Section 1046(c) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1254) is amended by adding at the end the following:
Time limit
In general
If the Secretary has documented the volume of surplus water available, not later than 60 days after the date on which the Secretary receives a request for a contract and easement, the Secretary shall issue a decision on the request.
Outstanding information
If the Secretary has not documented the volume of surplus water available, not later than 30 days after the date on which the Secretary receives a request for a contract and easement, the Secretary shall provide to the requester—
an identification of any outstanding information that is needed to make a final decision;
the date by which the information referred to in clause (i) shall be obtained; and
the date by which the Secretary will make a final decision on the request.
.
Hurricane and storm damage reduction
Section 3(c)(2)(B) of the Act of August 13, 1946 (33 U.S.C. 426g(c)(2)(B)) is amended by striking $5,000,000
and inserting $10,000,000
.
Fish hatcheries
In general
Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a similar State law.
Costs
A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Federal agencies shall be responsible for 100 percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of the date of enactment of this Act for the fish hatchery.
Feasibility studies and watershed assessments
Vertical integration and acceleration of studies
Section 1001(d) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(d)) is amended by striking paragraph (3) and inserting the following:
Report
Not later than February 1 of each year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies any feasibility study for which the Secretary in the preceding fiscal year approved an increase in cost or extension in time as provided under this section, including an identification of the specific 1 or more factors used in making the determination that the project is complex.
.
Cost sharing
Section 105(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(a)(1)(A)) is amended—
by striking the subparagraph designation and heading and all that follows through The Secretary
and inserting the following:
Requirement
In general
Except as provided in clause (ii), the Secretary
; and
by adding at the end the following:
Exception
For the purpose of meeting or otherwise communicating with prospective non-Federal sponsors to identify the scope of a potential water resources project feasibility study, identifying the Federal interest, developing the cost sharing agreement, and developing the project management plan, the first $100,000 of the feasibility study shall be a Federal expense.
.
Non-Federal share
Section 729(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2267a(f)(1)) is amended by inserting before the period at the end , except that the first $100,000 of the assessment shall be a Federal expense
.
Shore damage prevention or mitigation
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is amended—
in subsection (b), by striking measures
and all that follows through project
and inserting measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project
; and
by adding at the end the following:
Reimbursement for feasibility studies
Beginning on the date of enactment of this subsection, in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).
.
Enhancing lake recreation opportunities
Section 3134 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1142) is amended by striking subsection (e).
Cost estimates
Section 2008 of the Water Resources Development Act of 2007 (33 U.S.C. 2340) is amended by striking subsection (c).
Tribal partnership program
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—
in subsection (b)—
in paragraph (1), in the matter preceding subparagraph (A), by striking the Secretary
and all that follows through projects
and inserting the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects or projects for the preservation of cultural and natural resources,
;
in paragraph (2), in the matter preceding subparagraph (A), by striking (2) Matters to be studied.—A study
and inserting the following:
Authorized activities
Any activity
; and
by adding at the end the following:
Feasibility study and reports
In general
On the request of an Indian tribe, the Secretary shall conduct a study, and provide to the Indian tribe a report describing the feasibility of a water resources development project or project for the preservation of cultural and natural resources described in paragraph (1).
Recommendation
A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project.
Funding
The first $100,000 of a study under this paragraph shall be at full Federal expense.
Design and construction
In general
The Secretary may carry out the design and construction of a water resources development project or project for the preservation of cultural and natural resources described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project is not more than $10,000,000.
Specific authorization
If the Federal share of the cost of a project described in subparagraph (A) is more than $10,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.
;
in subsection (c)—
in paragraph (1), by striking studies
and inserting any activity
; and
in paragraph (2)(B), by striking carrying out projects studied
and inserting any activity conducted
;
in subsection (d)—
in paragraph (1)(A), by striking a study
and inserting any activity conducted
; and
by striking paragraph (2) and inserting the following:
Credit
The Secretary may credit toward the non-Federal share of the costs of any activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest.
Sovereign immunity
The Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection.
Water resources development projects
In general
The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent.
Other costs
The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 101 and 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2213) and shared in the same percentages as the purposes to which the costs are assigned.
Projects for the preservation of cultural and natural resources
In general
The non-Federal share of costs for the study of a project for the preservation of cultural and natural resources described in subsection (b)(1) shall be 50 percent.
Other costs
The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be 65 percent.
Water-related planning activities
In general
The non-Federal share of costs of a watershed and river basin assessment shall be 25 percent.
Other costs
The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 65 percent.
; and
by striking subsection (e).
Cost sharing for territories and Indian tribes
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—
in the section heading, by striking territories
and inserting territories and Indian tribes
; and
by striking subsection (a) and inserting the following:
In general
The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies, projects, and assistance under section 22(a) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(a))—
in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; and
for any Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).
.
Local government water management plans
The Secretary, with the consent of the non-Federal sponsor of a feasibility study for a water resources development project, may enter into a feasibility study cost-sharing agreement under section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)), to allow a unit of local government in a watershed that has adopted a local or regional water management plan to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project being studied to help achieve the purposes identified in the local or regional water management plan.
Credit in lieu of reimbursement
Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended—
in subsection (a), by striking that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) before the date of enactment of this Act
and inserting for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) (as it existed before the repeal made by section 1014(c)(3))
; and
in subsection (b), by striking share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies
and inserting non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest
.
Retroactive changes to cost-sharing agreements
Study costs incurred before the date of execution of a feasibility cost-sharing agreement for a project to be carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) shall be Federal costs, if—
the study was initiated before October 1, 2006; and
the feasibility cost-sharing agreement was not executed before January 1, 2014.
Easements for electric, telephone, or broadband service facilities eligible for financing under the Rural Electrification Act of 1936
Definition of water resources development project
In this section, the term water resources development project means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations).
No consideration for easements
The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
Administrative expenses
Nothing in this section affects the authority of the Secretary under section 2695 of title 10, United States Code, or under section 9701 of title 31, United State Code, to collect funds to cover reasonable administrative expenses incurred by the Secretary.
Study on the performance of innovative materials
Definition of innovative material
In this section, the term innovative material, with respect to a water resources development project, includes high performance concrete formulations, geosynthetic materials, advanced alloys and metals, reinforced polymer composites, and any other material, as determined by the Secretary.
Study
In general
The Secretary shall offer to enter into a contract with the Transportation Research Board of the National Academy of Sciences—
to develop a proposal to study the use and performance of innovative materials in water resources development projects carried out by the Corps of Engineers; and
after the opportunity for public comment provided in accordance with subsection (c), to carry out the study proposed under subparagraph (A).
Contents
The study under paragraph (1) shall identify—
the conditions that result in degradation of water resources infrastructure;
the capabilities of the innovative materials in reducing degradation;
barriers to the expanded successful use of innovative materials;
recommendations on including performance-based requirements for the incorporation of innovative materials into the Unified Facilities Guide Specifications;
recommendations on how greater use of innovative materials could increase performance of an asset of the Corps of Engineers in relation to extended service life;
additional ways in which greater use of innovative materials could empower the Corps of Engineers to accomplish the goals of the Strategic Plan for Civil Works of the Corps of Engineers; and
recommendations on any further research needed to improve the capabilities of innovative materials in achieving extended service life and reduced maintenance costs in water resources development infrastructure.
Public comment
After developing the study proposal under subsection (b)(1)(A) and before carrying out the study under subsection (b)(1)(B), the Secretary shall provide an opportunity for public comment on the study proposal.
Consultation
In carrying out the study under subsection (b)(1), the Secretary, at a minimum, shall consult with relevant experts on engineering, environmental, and industry considerations.
Report to Congress
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study required under subsection (b)(1).
Deauthorization of inactive projects
In general
Section 6001(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b(c)) is amended by adding at the end the following:
Definition of construction
In this subsection, the term construction includes the obligation or expenditure of non-Federal funds for construction of elements integral to the authorized project, whether or not the activity takes place pursuant to any agreement with, expenditure by, or obligation from the Secretary.
.
Notices of correction
Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice of correction removing from the lists under subsections (c) and (d) of section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) any project that was listed even though construction (as defined in subsection (c)(5) of that section) took place.
Review of reservoir operations
Definitions
In this section:
Reserved works
The term reserved works means any Bureau of Reclamation project facility at which the Secretary of the Interior carries out the operation and maintenance of the project facility.
Transferred works
The term transferred works means a Bureau of Reclamation project facility, the operation and maintenance of which is carried out by a non-Federal entity under the provisions of a formal operation and maintenance transfer contract.
Transferred works operating entity
The term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works.
Applicability
In general
This section applies to reservoirs that are subject to regulation by the Secretary under section 7 of the Act of December 22, 1944 (33 U.S.C. 709) located in a State in which a Bureau of Reclamation project is located.
Exclusions
This section shall not apply to—
any project authorized by the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
the initial units of the Colorado River Storage Project, as authorized by the first section of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act
) (43 U.S.C. 620);
any dam or reservoir operated by the Bureau of Reclamation as reserved works, unless all non-Federal project sponsors of the reserved works jointly provide to the Secretary a written request for application of this section to the project;
any dam or reservoir owned and operated by the Corps of Engineers; or
any Bureau of Reclamation transferred works, unless the transferred works operating entity provides to the Secretary a written request for application of this section to the project.
Review
In general
In accordance with the authorities of the Secretary in effect on the day before the date of enactment of this Act, at the reservoirs described in paragraph (2), the Secretary may—
review any flood control rule curves developed by the Secretary; and
determine, based on the best available science (including improved weather forecasts and forecast-informed operations, new watershed data, or structural improvements) whether an update to the flood control rule curves and associated changes to the water operations manuals is appropriate.
Description of reservoirs
The reservoirs referred to in paragraph (1) are reservoirs—
located in areas with prolonged drought conditions; or
for which no review has occurred during the 10-year period preceding the date of enactment of this Act; and
for which individuals or entities, including the individuals or entities responsible for operations and maintenance costs or that have storage entitlements or contracts at a reservoir, a unit of local government, the owner of a non-Federal project, or the non-Federal transferred works operating entity, as applicable, have submitted to the Secretary a written request to carry out the review described in paragraph (1).
Required consultation
In carrying out a review under paragraph (1) and prior to updating any flood control rule curves and manuals under subsection (e), the Secretary shall comply with all applicable public participation and agency review requirements, including consultation with—
affected States, Indian tribes, and other Federal and State agencies with jurisdiction over a portion of or all of the project or the operations of the project;
the applicable power marketing administration, in the case of reservoirs with Federal hydropower projects;
any non-Federal entity responsible for operation and maintenance costs;
any entity that has a contractual right to withdraw water from, or use storage at, the project;
any entity that the State determines holds rights under State law to the use of water from the project; and
any unit of local government with flood risk reduction responsibilities downstream of the project.
Agreement
Before carrying out an activity under this section, the Secretary shall enter into a cooperative agreement, memorandum of understanding, or other agreement with an affected State, any owner or operator of the reservoir, and, on request, any non-Federal entities responsible for operation and maintenance costs at the reservoir, that describes the scope and goals of the activity and the coordination among the parties.
Updates
If the Secretary determines under subsection (c) that an update to a flood control rule curve and associated changes to a water operations manual is appropriate, the Secretary may update the flood control rule curve and manual in accordance with the authorities in effect on the day before the date of enactment of this Act.
Funding
In general
Subject to subsection (d), the Secretary may accept and expend amounts from the entities described in paragraph (2) to fund all or part of the cost of carrying out a review under subsection (c) or an update under subsection (e), including any associated environmental documentation.
Description of entities
The entities referred to in paragraph (1) are—
non-Federal entities responsible for operations and maintenance costs at the affected reservoir;
individuals and non-Federal entities with storage entitlements at the affected reservoir;
a Federal power marketing agency that markets power produced by the affected reservoir;
units of local government;
public or private entities holding contracts with the Federal Government for water storage or water supply at the affected reservoir; and
a nonprofit entity, with the consent of the affected unit of local government.
In-kind contributions
The Secretary may—
accept and use materials and services contributed by an entity described in paragraph (2) under this subsection; and
credit the value of the contributed materials and services toward the cost of carrying out a review or revision of operational documents under this section.
Protection of existing rights
The Secretary shall not issue an updated flood control rule curve or operations manual under subsection (e) that—
interferes with an authorized purpose of the project or the existing purposes of a non-Federal project regulated for flood control by the Secretary;
reduces the ability to meet contractual rights to water or storage at the reservoir;
adversely impacts legal rights to water under State law;
fails to address appropriate credit for the appropriate power marketing agency, if applicable; or
if a project is subject to section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to the project that do not meet the requirements of that section, unless the modification is submitted to and authorized by Congress.
Effect of section
Nothing in this section—
authorizes the Secretary to take any action not otherwise authorized as of the date of enactment of this Act;
affects or modifies any obligation of the Secretary under Federal or State law; or
affects or modifies any other authority of the Secretary to review or modify reservoir operations.
Written agreement requirement for water resources projects
Section 221(a)(3) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(3)) is amended by striking State legislature, the agreement may reflect
and inserting State legislature, on the request of the State, body politic, or entity, the agreement shall reflect
.
Maximum cost of projects
Section 902 of the Water Resources Development of 1986 (33 U.S.C. 2280) is amended—
in subsection (a)(2)(A), by striking indexes
and inserting indexes, including actual appreciation in relevant real estate markets
; and
in subsection (b)—
by striking Notwithstanding subsection (a), in accordance with section 5 of the Act of June 22, 1936 (33 U.S.C. 701h)
and inserting the following:
In general
Notwithstanding subsection (a)
;
in paragraph (1) (as so designated)—
by striking funds
the first place it appears and inserting funds, in-kind contributions, and land, easements, and right-of-way, relocations, and dredged material disposal areas
; and
by striking such funds
each place it appears and inserting the contributions
; and
by adding at the end the following:
Limitation
Funds, in-kind contributions, and land, easements, and right-of-way, relocations, and dredged material disposal areas provided under this subsection are not eligible for credit or repayment and shall not be included in calculating the total cost of the project.
.
Conversion of surplus water agreements
Section 6 of the Act of December 22, 1944 (33 U.S.C. 708), is amended—
by striking Sec. 6. That the Secretary
and inserting the following:
Sale of surplus waters for domestic and industrial uses
In general
The Secretary
; and
by adding at the end the following:
Continuation of certain water supply agreements
In any case in which a water supply agreement was predicated on water that was surplus to a purpose and provided for contingent permanent storage rights under section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) pending the need for storage for that purpose, and that purpose is no longer authorized, the Secretary of the Army shall continue the agreement with the same payment and all other terms as in effect prior to deauthorization of the purpose if the non-Federal entity has met all of the conditions of the agreement.
Permanent storage agreements
In any case in which a water supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose and provided for the complete payment of the actual investment costs of storage to be used, and that purpose is no longer authorized, the Secretary of the Army shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same payment terms incorporated in the agreement.
.
Authorized funding for interagency and international support
Section 234(d)(1) of the Water Resources Development Act of 1996 (33 U.S.C. 2323a(d)(1)) is amended by striking $1,000,000
and inserting $5,000,000
.
Surplus water storage
In general
The Secretary shall not charge a fee for surplus water under a contract entered into pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708) (commonly known as the Flood Control Act of 1944
) if the contract is for surplus water stored in the Lake Cumberland Watershed, Kentucky and Tennessee.
Termination
The limitation under subsection (a) shall expire on the date that is 2 years after the date of enactment of this Act.
Applicability
Nothing in this section—
affects the authority of the Secretary under section 2695 of title 10, United States Code, to accept funds or to cover the administrative expenses relating to certain real property transactions;
affects the application of section 6 of the Act of December 22, 1944 (33 U.S.C. 708) (commonly known as the Flood Control Act of 1944
) or the Water Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored outside of the Lake Cumberland Watershed, Kentucky and Tennessee; or
affects the authority of the Secretary to accept funds under section 216(c) of the Water Resources Development Act of 1996 (33 U.S.C. 2321a).
GAO review and report
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review, and submit to Congress a report on the implementation and effectiveness of the projects carried out under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835).
Navigation
Projects funded by the Inland Waterways Trust Fund
Beginning on June 10, 2014, and ending on the date that is 15 years after the date of enactment of this Act, section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) shall not apply to any project authorized to receive funding from the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986.
Operation and maintenance of fuel-taxed inland waterways
Section 102(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(c)) is amended by adding at the end the following:
Credit or reimbursement
The Federal share of operation and maintenance carried out by a non-Federal interest under this subsection after the date of enactment of the Water Resources Reform and Development Act of 2014 shall be eligible for reimbursement or for credit toward—
the non-Federal share of future operation and maintenance under this subsection; or
any measure carried out by the Secretary under section 3017(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note; Public Law 113–121).
.
Funding for harbor maintenance programs
Section 2101 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238b) is amended—
in subsection (b)(1), in the matter preceding subparagraph (A), by striking The target total
and inserting Except as provided in subsection (c), the target total
;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
Exception
If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, then the target total budget resources shall be adjusted to be equal to the lesser of—
103 percent of the total budget resources appropriated for the previous fiscal year; or
100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
.
Dredged material disposal
Disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (or successor regulations)) if the disposal violates applicable State water quality standards approved by the Administrator of the Environmental Protection Agency under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).
Cape Arundel disposal site, Maine
Deadline
The Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) and reopened pursuant to section 113 of the Energy and Water Development and Related Agencies Appropriations Act, 2014 (Public Law 113–76; 128 Stat. 158) (referred to in this section as the ‘‘Site’’) may remain open until the earlier of—
the date on which the Site does not have any remaining disposal capacity;
the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or
the date that is 5 years after the date of enactment of this Act.
Limitations
The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that—
conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and
the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project.
Maintenance of harbors of refuge
The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.
Aids to navigation
In general
The Secretary shall—
consult with the Commandant of the Coast Guard regarding navigation on the Ouachita-Black Rivers; and
share information regarding the assistance that the Secretary can provide regarding the placement of any aids to navigation on the rivers referred to in paragraph (1).
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the outcome of the consultation under subsection (a).
Beneficial use of dredged material
Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended by adding at the end the following:
in subsection (a)(1)—
by striking For sediment
and inserting the following:
In general
For sediment
; and
by adding at the end the following:
Sediment from other Federal sources and non-federal sources
For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.
; and
in subsection (d), by adding at the end the following:
Special rule
Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.
Disposal at non-Federal cost
The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 103(d)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).
.
Operation and maintenance of harbor projects
Section 210(c)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)) is amended by striking for each of fiscal years 2015 through 2022
and inserting for each fiscal year
.
Additional measures at donor ports and energy transfer ports
Section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) is amended—
in subsection (a)—
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
by inserting after paragraph (1) the following:
Discretionary cargo
The term discretionary cargo means maritime cargo that is destined for inland locations and that can be economically shipped through multiple seaports located in different countries or regions.
;
in paragraph (3) (as redesignated)—
by redesignating subparagraphs (A) through (D) as clause (i) through (iv), respectively, and indenting appropriately;
in the matter preceding clause (i) (as redesignated), by striking The term
and inserting the following:
In general
The term
; and
by adding at the end the following:
Calculation
For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.
;
in paragraph (5)(A) (as redesignated), by striking Code of Federal Regulation
and inserting Code of Federal Regulations
; and
by adding at the end the following:
Medium-sized donor port
The term medium-sized donor port means a port—
that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986;
that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and
that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal year 2012.
;
in subsection (b)—
in paragraph (1), by striking donor ports
and inserting donor ports, medium-sized donor ports,
;
in paragraph (2)—
in subparagraph (A), by striking and
at the end; and
by striking subparagraph (B) and inserting the following:
shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and
for donor ports and medium-sized donor ports—
50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and
50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total Harbor Maintenance Tax revenues generated at each eligible donor port and medium-sized donor port.
;
in subsection (c), in the matter preceding paragraph (1), by striking donor port
and inserting donor port, a medium-sized donor port,
;
by striking subsection (d) and inserting the following:
Administration of payments
In general
If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer to the Commissioner of Customs and Border Protection the amount that would otherwise be provided to the port under this section that is equal to those payments to provide the payments to the importers or shippers of the discretionary cargo that is—
shipped through respective eligible ports; and
most at risk of diversion to seaports outside of the United States.
Requirement
The Secretary, in consultation with the eligible port, shall limit payments to top importers or shippers through an eligible port, as ranked by value of discretionary cargo.
; and
in subsection (f)—
by striking paragraph (1) and inserting the following:
In general
If the total amounts made available from the Harbor Maintenance Trust Fund exceed the total amounts made available from the Harbor Maintenance Trust Fund in fiscal year 2012, there is authorized to be appropriated to carry out this section $50,000,000 from the Harbor Maintenance Trust Fund.
;
by striking paragraph (2) and inserting the following:
Division between donor ports, medium-sized donor ports, and energy transfer ports
For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to—
donor ports and medium-sized donor ports; and
energy transfer ports.
; and
by striking paragraph (3).
Harbor deepening
In general
Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended—
in the matter preceding subparagraph (A), by striking the date of enactment of this Act
and inserting the date of enactment of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1193)
;
in subparagraph (B), by striking 45 feet
and inserting 50 feet
; and
in subparagraph (C), by striking 45 feet
and inserting 50 feet
.
Definition of deep-draft harbor
Section 214(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2241(1)) is amended by striking 45 feet
and inserting 50 feet
.
Operations and maintenance of inland Mississippi River ports
Definitions
In this section:
Inland Mississippi River
The term inland Mississippi River means the portion of the Mississippi River that begins at the confluence of the Minnesota River and ends at the confluence of the Red River.
Shallow draft
The term shallow draft means a project that has a depth of less than 14 feet.
Dredging activities
The Secretary shall carry out dredging activities on shallow draft ports located on the inland Mississippi River to the respective authorized widths and depths of those inland ports, as authorized on the date of enactment of this Act.
Authorization of appropriations
For each fiscal year, there is authorized to be appropriated to the Secretary to carry out this section $25,000,000.
Implementation guidance
Section 2102 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1273) is amended by adding at the end the following:
Guidance
Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016 the Secretary shall publish on the website of the Corps of Engineers guidance on the implementation of this section and the amendments made by this section.
.
Remote and subsistence harbors
Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—
in subsection (a)(3), by inserting in which the project is located or of a community that is located in the region that is served by the project and that will rely on the project
after community
; and
in subsection (b)—
in paragraph (1), by inserting or of a community that is located in the region to be served by the project and that will rely on the project
after community
;
in paragraph (4), by striking local population
and inserting regional population to be served by the project
; and
in paragraph (5), by striking community
and inserting local community or to a community that is located in the region to be served by the project and that will rely on the project
.
Non-Federal interest dredging authority
In general
The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions.
Cost limitations
Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities.
Agreement
Before initiating maintenance activities under this section, the non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary.
Provision of equipment
In carrying out maintenance activities under this section, a non-Federal interest shall—
provide equipment at no cost to the Federal Government; and
hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
Reimbursement eligibility limitations
Costs that are eligible for reimbursement under this section are those costs directly related to the costs associated with operation and maintenance of the dredge based on the lesser of the period of time for which—
the dredge is being used in the performance of work for the Federal Government during a given fiscal year; and
the actual fiscal year Federal appropriations identified for that portion of maintenance dredging that are made available.
Audit
Not earlier than 5 years after the date of enactment of this Act, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—
improved reliability and safety for navigation; and
cost savings to the Federal Government.
Termination of authority
The authority of the Secretary under this section terminates on the date that is 10 years after the date of enactment of this Act.
Transportation cost savings
Section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) is amended—
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following:
Additional requirement
For the first report following the date of enactment of the Water Resources Development Act of 2016, in the report submitted under subparagraph (A), the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2), on a project-by-project basis.
.
Dredged material
In general
Notwithstanding part 335 of title 33, Code of Federal Regulations, the Secretary may place dredged material from the operation and maintenance of an authorized Federal water resources project at another authorized water resource project if the Secretary determines that—
the placement of the dredged material would—
enhance protection from flooding caused by storm surges or sea level rise; or
significantly contribute to shoreline resiliency, including the resilience and restoration of wetland; and
be in the public interest; and
the cost associated with the placement of the dredged material is reasonable in relation to the associated environmental, flood protection, and resiliency benefits.
Additional costs
If the cost of placing the dredged material at another authorized water resource project exceeds the cost of depositing the dredged material in accordance with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act)), the Secretary shall not require a non-Federal entity to bear any of the increased costs associated with the placement of the dredged material.
Great Lakes Navigation System
Section 210(d)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(d)(1)) is amended—
in subparagraph (A), in the matter preceding clause (i), by striking For each of fiscal years 2015 through 2024
and inserting For each fiscal year
; and
in subparagraph (B), in the matter preceding clause (i), by striking For each of fiscal years 2015 through 2024
and inserting For each fiscal year
.
Harbor Maintenance Trust Fund
The Secretary shall allocate funding made available to the Secretary from the Harbor Maintenance Trust Fund, established under section 9505 of the Internal Revenue Code of 1986, in accordance with section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).
Safety improvements
Rehabilitation assistance for non-Federal flood control projects
In general
Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), is amended—
in subsection (a), by adding at the end the following:
Definition of nonstructural alternatives
In this subsection, nonstructural alternatives includes efforts to restore or protect natural resources including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk.
; and
by adding at the end the following:
Increased level of protection
In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Secretary may increase the level of protection above the level to which the system was designed, or, if the repair and rehabilitation includes repair or rehabilitation of a pumping station, will increase the capacity of a pump, if—
the Chief of Engineers determines the improvements are in the public interest, including consideration of whether—
the authority under this section has been used more than once at the same location;
there is an opportunity to decrease significantly the risk of loss of life and property damage; or
there is an opportunity to decrease total life cycle rehabilitation costs for the project; and
the non-Federal sponsor agrees to pay the difference between the cost of repair, restoration, or rehabilitation to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-Federal sponsor.
Notice
The Secretary shall notify the non-Federal sponsor of the opportunity to request implementation of nonstructural alternatives to the repair or restoration of the flood control work under subsection (a).
.
Projects in coordination with certain rehabilitation requirements
In general
In any case in which the Secretary has completed a study determining a project for flood damage reduction is feasible and such project is designed to protect the same geographic area as work to be performed under section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)), the Secretary may, if the Secretary determines that the action is in the public interest, carry out such project with the work being performed under section 5(c) of that Act, subject to the limitations in paragraph (2).
Cost-sharing
The cost to carry out a project under paragraph (1) shall be shared in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
Rehabilitation of existing levees
Section 3017 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note; Public Law 113–121) is amended—
in subsection (a), by striking if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified
;
in subsection (b)—
by striking This section
and inserting the following:
In general
This section
; and
by adding at the end the following:
Requirement
A measure carried out under subsection (a) shall be implemented in the same manner as the repair or restoration of a flood control work pursuant to section 5 of the Act of August 18, 1941 (33 U.S.C. 701n).
;
in subsection (c)(1), by striking The non-Federal
and inserting Notwithstanding subsection (b)(2), the non-Federal
; and
by adding at the end the following:
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $125,000,000.
.
Maintenance of high risk flood control projects
In any case in which the Secretary has assumed, as of the date of enactment of this Act, responsibility for the maintenance of a project classified as class III under the Dam Safety Action Classification of the Corps of Engineers, the Secretary shall continue to be responsible for the maintenance until the earlier of the date that—
the project is modified to reduce that risk and the Secretary determines that the project is no longer classified as class III under the Dam Safety Action Classification of the Corps of Engineers; or
is 15 years after the date of enactment of this Act.
Rehabilitation of high hazard potential dams
Definitions
Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (11), (13), (14), (15), and (16), respectively;
by inserting after paragraph (3) the following:
Eligible high hazard potential dam
In general
The term eligible high hazard potential dam means a non-Federal dam that—
is located in a State with a State dam safety program;
is classified as high hazard potential
by the State dam safety agency in the State in which the dam is located;
has an emergency action plan approved by the relevant State dam safety agency; and
the State in which the dam is located determines—
fails to meet minimum dam safety standards of the State; and
poses an unacceptable risk to the public.
Exclusion
The term eligible high hazard potential dam does not include—
a licensed hydroelectric dam; or
a dam built under the authority of the Secretary of Agriculture.
;
by inserting after paragraph (9) (as redesignated by paragraph (1)) the following:
Non-Federal sponsor
The term non-Federal sponsor, in the case of a project receiving assistance under section 8A, includes—
a governmental organization; and
a nonprofit organization.
and
by inserting after paragraph (11) (as redesignated by paragraph (1)) the following:
Rehabilitation
The term rehabilitation means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.
.
Program for rehabilitation of high hazard potential dams
The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following:
Rehabilitation of high hazard potential dams
Establishment of program
The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to non-Federal sponsors for rehabilitation of eligible high hazard potential dams.
Eligible activities
A grant awarded under this section for a project may be used for—
repair;
removal; or
any other structural or nonstructural measures to rehabilitate a high hazard potential dam.
Award of grants
Application
In general
A non-Federal sponsor interested in receiving a grant under this section may submit to the Administrator an application for the grant.
Requirements
An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation pursuant to section 3004(c) of the Water Resources Development Act of 2016.
Grant
In general
The Administrator may make a grant in accordance with this section for rehabilitation of a high hazard potential dam to a non-Federal sponsor that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
Project grant agreement
The Administrator shall enter into a project grant agreement with the non-Federal sponsor to establish the terms of the grant and the project, including the amount of the grant.
Grant assurance
As part of a project grant agreement under subparagraph (B), the Administrator shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam.
Limitation
A grant provided under this section shall not exceed the lesser of—
12.5 percent of the total amount of funds made available to carry out this section; or
$7,500,000.
Requirements
Approval
A grant awarded under this section for a project shall be approved by the relevant State dam safety agency.
Non-Federal sponsor requirements
To receive a grant under this section, the non-Federal sponsor shall—
participate in, and comply with, all applicable Federal flood insurance programs;
have in place a hazard mitigation plan that—
includes all dam risks; and
complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
commit to provide operation and maintenance of the project for the 50-year period following completion of rehabilitation;
comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program—
acts in accordance with the State dam safety program; and
carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
comply with section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)) (as in effect on the date of enactment of this section) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes.
Floodplain management plans
In general
As a condition of receipt of assistance under this section, the non-Federal entity shall demonstrate that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project—
is in place; or
will be—
developed not later than 1 year after the date of execution of a project agreement for assistance under this section; and
implemented not later than 1 year after the date of completion of construction of the project.
Inclusions
A plan under paragraph (1) shall address—
potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected by the project;
plans for flood fighting and evacuation; and
public education and awareness of flood risks.
Technical support
The Administrator may provide technical support for the development and implementation of floodplain management plans prepared under this subsection.
Priority system
The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying high hazard potential dams for which grants may be made under this section.
Funding
Cost sharing
In general
Any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent.
In-kind contributions
The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions.
Allocation of funds
The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:
Equal distribution
1/3 shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located.
Need-based
2/3 shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that—
the number of eligible high hazard potential dams in the State; bears to
the number of eligible high hazard potential dams in all States in which projects for which applications are submitted under subsection (c)(1).
Use of funds
None of the funds provided in the form of a grant or otherwise made available under this section shall be used—
to rehabilitate a Federal dam;
to perform routine operation or maintenance of a dam;
to modify a dam to produce hydroelectric power;
to increase water supply storage capacity; or
to make any other modification to a dam that does not also improve the safety of the dam.
Contractual requirements
In general
Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, a non-Federal sponsor that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—
chapter 11 of title 40, United States Code; or
an equivalent qualifications-based requirement prescribed by the relevant State.
No proprietary interest
A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
$10,000,000 for fiscal years 2017 and 2018;
$25,000,000 for fiscal year 2019;
$40,000,000 for fiscal year 2020; and
$60,000,000 for each of fiscal years 2021 through 2026.
.
Rulemaking
Proposed rulemaking
Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection (b) to the National Dam Safety Program Act (33 U.S.C. 467 et seq.).
Final rule
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1).
Expedited completion of authorized projects for flood damage reduction
The Secretary shall expedite the completion of the following projects for flood damage reduction and flood risk management:
Chicagoland Underflow Plan, Illinois, phase 2, as authorized by section 3(a)(5) of the Water Resources Development Act of 1988 (Public Law 100–676; 102 Stat. 4013) and modified by section 319 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3715) and section 501 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 334).
Cedar River, Cedar Rapids, Iowa, as authorized by section 7002(2)(3) of the Water Resources Development Act of 2014 (Public Law 113–121; 128 Stat. 1366).
Comite River, Louisiana, authorized as part of the project for flood control, Amite River and Tributaries, Louisiana, by section 101(11) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4802) and modified by section 301(b)(5) of the Water Resources Development Act of 1996 (Public Law 104–03; 110 Stat. 3709) and section 371 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 321).
Amite River and Tributaries, Louisiana, East Baton Rouge Parish Watershed, as authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 277) and modified by section 116 of division D of Public Law 108–7 (117 Stat. 140) and section 3074 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1124).
Cumberland River Basin Dam repairs
In general
Costs incurred in carrying out any repair to correct a seepage problem at any dam in the Cumberland River Basin shall be—
treated as costs for a dam safety project; and
subject to cost-sharing requirements in accordance with section 1203 of the Water Resources Development Act of 1986 (33 U.S.C. 467n).
Application
Subsection (a) shall apply only to repairs for projects for which construction has not begun and appropriations have not been made as of the date of enactment of this Act.
Indian dam safety
Definitions
In this section:
Dam
In general
The term dam has the meaning given the term in section 2 of the National Dam Safety Program Act (33 U.S.C. 467).
Inclusions
The term dam includes any structure, facility, equipment, or vehicle used in connection with the operation of a dam.
Fund
The term Fund means, as applicable—
the High-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(1)(A); or
the Low-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(2)(A).
High hazard potential dam
The term high hazard potential dam means a dam assigned to the significant or high hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams
(FEMA Publication Number 333).
Indian tribe
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Low hazard potential dam
The term low hazard potential dam means a dam assigned to the low hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams
(FEMA Publication Number 333).
Secretary
The term Secretary means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of the Army.
Indian Dam Safety Deferred Maintenance Funds
High-Hazard Fund
Establishment
There is established in the Treasury of the United States a fund, to be known as the High-Hazard Indian Dam Safety Deferred Maintenance Fund
, consisting of—
such amounts as are deposited in the Fund under subparagraph (B); and
any interest earned on investment of amounts in the Fund under subparagraph (D).
Deposits to Fund
In general
For each of fiscal years 2017 through 2037, the Secretary of the Treasury shall deposit in the Fund $22,750,000 from the general fund of the Treasury.
Availability of amounts
Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.
Expenditures from Fund
In general
Subject to clause (ii), for each of fiscal years 2017 through 2037, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this section, not more than the sum of—
$22,750,000; and
the amount of interest accrued in the Fund.
Additional expenditures
The Secretary may expend more than $22,750,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.
Investments of amounts
In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
Transfers of amounts
In general
The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.
Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.
Termination
On September 30, 2037—
the Fund shall terminate; and
the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.
Low-Hazard Fund
Establishment
There is established in the Treasury of the United States a fund, to be known as the Low-Hazard Indian Dam Safety Deferred Maintenance Fund
, consisting of—
such amounts as are deposited in the Fund under subparagraph (B); and
any interest earned on investment of amounts in the Fund under subparagraph (D).
Deposits to Fund
In general
For each of fiscal years 2017 through 2037, the Secretary of the Treasury shall deposit in the Fund $10,000,000 from the general fund of the Treasury.
Availability of amounts
Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.
Expenditures from Fund
In general
Subject to clause (ii), for each of fiscal years 2017 through 2037, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this section, not more than the sum of—
$10,000,000; and
the amount of interest accrued in the Fund.
Additional expenditures
The Secretary may expend more than $10,000,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.
Investments of amounts
In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
Transfers of amounts
In general
The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.
Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.
Termination
On September 30, 2037—
the Fund shall terminate; and
the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.
Repair, replacement, and maintenance of certain Indian dams
Program establishment
In general
The Secretary shall establish a program to address the deferred maintenance needs of Indian dams that—
create flood risks or other risks to public or employee safety or natural or cultural resources; and
unduly impede the management and efficiency of Indian dams.
Funding
High-hazard fund
Consistent with subsection (b)(1)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $22,750,000 of amounts in the High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2037 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(A).
Low-hazard fund
Consistent with subsection (b)(2)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $10,000,000 of amounts in the Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2037 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(B).
Compliance with dam safety policies
Maintenance, repair, and replacement activities for Indian dams under this section shall be carried out in accordance with the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
Eligible dams
High hazard potential dams
The dams eligible for funding under paragraph (1)(B)(i) are Indian high hazard potential dams in the United States that—
are included in the safety of dams program established pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and
are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and
are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or
have deferred maintenance documented by the Bureau of Indian Affairs.
Low hazard potential dams
The dams eligible for funding under paragraph (1)(B)(ii) are Indian low hazard potential dams in the United States that, on the date of enactment of this Act—
are covered under the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and
are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and
are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or
have deferred maintenance documented by the Bureau of Indian Affairs.
Requirements and conditions
Not later than 120 days after the date of enactment of this Act and as a precondition to amounts being expended from the Fund to carry out this subsection, the Secretary, in consultation with representatives of affected Indian tribes, shall develop and submit to Congress—
programmatic goals to carry out this subsection that—
would enable the completion of repairing, replacing, improving, or performing maintenance on Indian dams as expeditiously as practicable, subject to the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);
facilitate or improve the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam; and
ensure that the results of government-to-government consultation required under paragraph (4) be addressed; and
funding prioritization criteria to serve as a methodology for distributing funds under this subsection that take into account—
the extent to which deferred maintenance of Indian dams poses a threat to—
public or employee safety or health;
natural or cultural resources; or
the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam;
the extent to which repairing, replacing, improving, or performing maintenance on an Indian dam will—
improve public or employee safety, health, or accessibility;
assist in compliance with codes, standards, laws, or other requirements;
address unmet needs; or
assist in protecting natural or cultural resources;
the methodology of the rehabilitation priority index of the Secretary, as in effect on the date of enactment of this Act;
the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities;
the ability of an Indian dam to address tribal, regional, and watershed level flood prevention needs;
the need to comply with the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);
the ability of the water storage capacity of an Indian dam to be increased to prevent flooding in downstream tribal and nontribal communities; and
such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, consistent with tribal and user recommendations received pursuant to the consultation and input process under paragraph (4).
Tribal consultation and user input
In general
Except as provided in subparagraph (B), before expending funds on an Indian dam pursuant to paragraph (1) and not later than 60 days after the date of enactment of this Act, the Secretary shall—
consult with the Director of the Bureau of Indian Affairs on the expenditure of funds;
ensure that the Director of the Bureau of Indian Affairs advises the Indian tribe that has jurisdiction over the land on which a dam eligible to receive funding under paragraph (2) is located on the expenditure of funds; and
solicit and consider the input, comments, and recommendations of the landowners served by the Indian dam.
Emergencies
If the Secretary determines that an emergency circumstance exists with respect to an Indian dam, subparagraph (A) shall not apply with respect to that Indian dam.
Allocation among dams
In general
Subject to subparagraph (B), to the maximum extent practicable, the Secretary shall ensure that, for each of fiscal years 2017 through 2037, each Indian dam eligible for funding under paragraph (2) that has critical maintenance needs receives part of the funding under paragraph (1) to address critical maintenance needs.
Priority
In allocating amounts under paragraph (1)(B), in addition to considering the funding priorities described in paragraph (3), the Secretary shall give priority to Indian dams eligible for funding under paragraph (2) that serve—
more than 1 Indian tribe within an Indian reservation; or
highly populated Indian communities, as determined by the Secretary.
Cap on Funding
In general
Subject to clause (ii), in allocating amounts under paragraph (1)(B), the Secretary shall allocate not more than $10,000,000 to any individual dam described in paragraph (2) during any consecutive 3-year period.
Exception
Notwithstanding the cap described in clause (i), if the full amount under paragraph (1)(B) cannot be fully allocated to eligible Indian dams because the costs of the remaining activities authorized in paragraph (1)(B) of an Indian dam would exceed the cap described in clause (i), the Secretary may allocate the remaining funds to eligible Indian dams in accordance with this subsection.
Basis of funding
Any amounts made available under this paragraph shall be nonreimbursable.
Applicability of ISDEAA
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply to activities carried out under this paragraph.
Tribal Safety of Dams Committee
Establishment of Committee
Establishment
The Secretary of the Interior shall establish within the Bureau of Indian Affairs the Tribal Safety of Dams Committee (referred to in this paragraph as the Committee).
Membership
Composition
The Committee shall be composed of 15 members, of whom—
11 shall be appointed by the Secretary of the Interior from among individuals who, to the maximum extent practicable, have knowledge and expertise in dam safety issues and flood prevention and mitigation, of whom not less than 1 shall be a member of an Indian tribe in each of the Bureau of Indian Affairs regions of—
the Northwest Region;
the Pacific Region;
the Western Region;
the Navajo Region;
the Southwest Region;
the Rocky Mountain Region;
the Great Plans Region; and
the Midwest Region;
2 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Indian Affairs who have knowledge and expertise in dam safety issues and flood prevention and mitigation;
1 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Reclamation who have knowledge and expertise in dam safety issues and flood prevention and mitigation; and
1 shall be appointed by the Secretary of the Army from among employees of the Corps of Engineers who have knowledge and expertise in dam safety issues and flood prevention and mitigation.
Nonvoting members
The members of the Committee appointed under subclauses (II) and (III) of clause (i) shall be nonvoting members.
Date
The appointments of the members of the Committee shall be made as soon as practicable after the date of enactment of this Act.
Period of appointment
Members shall be appointed for the life of the Committee.
Vacancies
Any vacancy in the Committee shall not affect the powers of the Committee, but shall be filled in the same manner as the original appointment.
Initial meeting
Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting.
Meetings
The Committee shall meet at the call of the Chairperson.
Quorum
A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings.
Chairperson and Vice Chairperson
The Committee shall select a Chairperson and Vice Chairperson from among the members.
Duties of the Committee
Study
The Committee shall conduct a thorough study of all matters relating to the modernization of the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
Recommendations
The Committee shall develop recommendations for legislation to improve the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
Report
Not later than 1 year after the date on which the Committee holds the first meeting, the Committee shall submit a report containing a detailed statement of the findings and conclusions of the Committee, together with recommendations for legislation that the Committee considers appropriate, to—
the Committee on Indian Affairs of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Powers of the Committee
Hearings
The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out this paragraph.
Information from federal agencies
In general
The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this paragraph.
Request
On request of the Chairperson of the Committee, the head of any Federal department or agency shall furnish information described in clause (i) to the Committee.
Postal services
The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
Gifts
The Committee may accept, use, and dispose of gifts or donations of services or property.
Committee personnel matters
Compensation of members
Non-federal members
Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee.
Federal members
Each member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to that received for services as an officer or employee of the Federal Government.
Travel expenses
The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
Staff
In general
Appointment
The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee.
Confirmation
The employment of an executive director shall be subject to confirmation by the Committee.
Compensation
The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.
Detail of government employees
Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
Procurement of temporary and intermittent services
The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
Termination of the Committee
The Committee shall terminate 90 days after the date on which the Committee submits the report under paragraph (2)(C).
Funding
Of the amounts authorized to be expended from either Fund, $1,000,000 shall be made available from either Fund during fiscal year 2017 to carry out this subsection, to remain available until expended.
Indian dam surveys
Tribal reports
The Secretary shall request that, not less frequently than once every 180 days, each Indian tribe submit to the Secretary a report providing an inventory of the dams located on the land of the Indian tribe.
BIA reports
Not less frequently than once each year, the Secretary shall submit to Congress a report describing the condition of each dam under the partial or total jurisdiction of the Secretary.
Flood plain management pilot program
Establishment
The Secretary shall establish, within the Bureau of Indian Affairs, a flood plain management pilot program (referred to in this subsection as the program) to provide, at the request of an Indian tribe, guidance to the Indian tribe relating to best practices for the mitigation and prevention of floods, including consultation with the Indian tribe on—
flood plain mapping; or
new construction planning.
Termination
The program shall terminate on the date that is 4 years after the date of enactment of this Act.
Funding
Of the amounts authorized to be expended from either Fund, $250,000 shall be made available from either Fund during each of fiscal years 2017, 2018, and 2019 to carry out this subsection, to remain available until expended.
Rehabilitation of Corps of Engineers constructed flood control dams
In general
If the Secretary determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b).
Eligible dams
A dam eligible for assistance under this section is a dam—
that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;
for which construction was completed before 1940;
that is classified as high hazard potential
by the State dam safety agency of the State in which the dam is located; and
that is operated by a non-Federal entity.
Cost sharing
Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all land, easements, rights-of-way, and necessary relocations.
Agreements
Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary—
to pay the non-Federal share of the costs of construction under subsection (c); and
to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.
Cost limitation
The Secretary shall not expend more than $10,000,000 for a project at any single dam under this section.
Funding
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2017 through 2026.
River basins, watersheds, and coastal areas
Gulf Coast oyster bed recovery plan
Definition of Gulf States
In this section, the term Gulf States means each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
Gulf coast oyster bed recovery plan
The Secretary, in coordination with the Gulf States, shall develop and implement a plan to assist in the recovery of oyster beds on the coast of Gulf States that were damaged by events including—
Hurricane Katrina in 2005;
the Deep Water Horizon oil spill in 2010; and
floods in 2011 and 2016.
Inclusion
The plan developed under subsection (b) shall address the beneficial use of dredged material in providing substrate for oyster bed development.
Submission
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee of Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed under subsection (b).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $2,000,000, to remain available until expended.
Columbia River, Platte River, and Arkansas River
Ecosystem restoration
Section 536(g) of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2662; 128 Stat. 1314) is amended by striking $50,000,000
and inserting $75,000,000
.
Watercraft inspection stations
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—
by striking subsection (b) and inserting the following:
Authorization of appropriations
In general
There are authorized to be appropriated such sums as are necessary, but not more than $65,000,000, to carry out this section for each fiscal year, of which—
$20,000,000 shall be made available to carry out subsection (d)(1)(A)(i); and
$25,000,000 shall be made available to carry out clauses (ii) and (iii) of subsection (d)(1)(A).
Allocation
Any funds made available under paragraph (1) that are employed for control operations shall be allocated by the Chief of Engineers on a priority basis, based on—
the urgency and need of each area; and
the availability of local funds.
; and
in subsection (d)—
by striking paragraph (1) and inserting the following:
Establishment, operation, and maintenance
In general
In carrying out this section, the Secretary may establish, operate, and maintain watercraft inspection stations to protect—
the Columbia River Basin;
the Platte River Basin located in the States of Colorado, Nebraska, and Wyoming; and
the Arkansas River Basin located in the States of Arkansas, Colorado, Kansas, New Mexico, Oklahoma, and Texas.
Location
The watercraft inspection stations under subparagraph (A) shall be located in areas, as determined by the Secretary, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary.
; and
in paragraph (3), by striking subparagraph (A) and inserting the following:
the Governor of each State in which a station is established under paragraph (1);
.
Tribal housing
Definition of report
In this subsection, the term report means the final report for the Portland District, Corps of Engineers, entitled Columbia River Treaty Fishing Access Sites, Oregon and Washington: Fact-finding Review on Tribal Housing
and dated November 19, 2013.
Assistance authorized
As replacement housing for Indian families displaced due to the construction of the Bonneville Dam, on the request of the Secretary of the Interior, the Secretary may provide assistance on land transferred by the Department of the Army to the Department of the Interior pursuant to title IV of Public Law 100–581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; 114 Stat. 2679; 118 Stat. 544) for the number of families estimated in the report as having received no relocation assistance.
Study
The Secretary shall—
conduct a study to determine the number of Indian people displaced by the construction of the John Day Dam; and
identify a plan for suitable housing to replace housing lost to the construction of the John Day Dam.
Columbia and Lower Willamette Rivers below Vancouver, Washington and Oregon
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Columbia and Lower Willamette Rivers below Vancouver, Washington and Portland, Oregon, authorized by section 101 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1177) to address safety risks.
Missouri River
Reservoir sediment management
Definition of sediment management plan
In this subsection, the term sediment management plan means a plan for preventing sediment from reducing water storage capacity at a reservoir and increasing water storage capacity through sediment removal at a reservoir.
Upper Missouri River Basin pilot program
The Secretary shall carry out a pilot program for the development and implementation of sediment management plans for reservoirs owned and operated by the Secretary in the Upper Missouri River Basin, on request by project beneficiaries.
Plan elements
A sediment management plan under paragraph (2) shall—
provide opportunities for project beneficiaries and other stakeholders to participate in sediment management decisions;
evaluate the volume of sediment in a reservoir and impacts on storage capacity;
identify preliminary sediment management options, including sediment dikes and dredging;
identify constraints;
assess technical feasibility, economic justification, and environmental impacts;
identify beneficial uses for sediment; and
to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment.
Cost share
The beneficiaries requesting the plan shall share in the cost of development and implementation of a sediment management plan allocated in accordance with the benefits to be received.
Contributed funds
The Secretary may accept funds from non-Federal interests and other Federal agencies to develop and implement a sediment management plan under this subsection.
Guidance
The Secretary shall use the knowledge gained through the development and implementation of sediment management plans under paragraph (2) to develop guidance for sediment management at other reservoirs.
Partnership with Secretary of the Interior
In general
The Secretary shall carry out the pilot program established under this subsection in partnership with the Secretary of the Interior, and the program may apply to reservoirs managed or owned by the Bureau of Reclamation on execution of a memorandum of agreement between the Secretary and the Secretary of the Interior establishing the framework for a partnership and the terms and conditions for sharing expertise and resources.
Lead agency
The Secretary that has primary jurisdiction over the reservoir shall take the lead in developing and implementing a sediment management plan for that reservoir.
Other authorities not affected
Nothing in this subsection affects sediment management or the share of costs paid by Federal and non-Federal interests relating to sediment management under any other provision of law (including regulations).
Snowpack and drought monitoring
Section 4003(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1311) is amended by adding at the end the following:
Lead agency
The Corps of Engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph (1).
.
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 by striking $5,000,000
and inserting $10,000,000
.
Ice jam prevention and mitigation
In general
The Secretary may carry out projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including planning, design, construction, and monitoring of structural and nonstructural technologies and measures for preventing and mitigating flood damages associated with ice jams.
Inclusion
The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—
the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;
universities;
Federal, State, and local agencies; and
private organizations.
Pilot program
Authorization
In addition to the funding authorized under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), the Secretary is authorized to expend $30,000,000 to carry out pilot projects to demonstrate technologies and designs developed in accordance with this section.
Priority
In carrying out pilot projects under paragraph (1), the Secretary shall give priority to projects in the Upper Missouri River Basin.
Sunset
The pilot program under this subsection shall terminate on December 31, 2026.
Chesapeake Bay oyster restoration
Section 704(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)(1)) is amended by striking $60,000,000
and inserting $100,000,000
.
North Atlantic coastal region
Section 4009 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1316) is amended—
in subsection (a), by striking conduct a study to determine the feasibility of carrying out projects
and inserting develop a comprehensive assessment and management plan at Federal expense
;
in subsection (b), by striking the subsection designation and heading and all that follows through In carrying out the study
and inserting the following:
Assessment and management plan
In developing the comprehensive assessment and management plan
; and
in subsection (c)(1), in the matter preceding subparagraph (A), by striking identified in the study pursuant to subsection (a)
and inserting identified in the comprehensive assessment and management plan under this section
.
Rio Grande
Section 5056(f) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1214; 128 Stat. 1315) is amended by striking 2019
and inserting 2024
.
Texas coastal area
In carrying out the Coastal Texas ecosystem protection and restoration study authorized by section 4091 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1187), the Secretary shall consider studies, data, or information developed by the Gulf Coast Community Protection and Recovery District to expedite completion of the study.
Upper Mississippi and Illinois Rivers flood risk management
In general
The Secretary shall conduct a study at Federal expense to determine the feasibility of carrying out projects to address systemic flood damage reduction in the upper Mississippi and Illinois River basins.
Purpose
The purposes of the study under subsection (a) are—
to develop an integrated, comprehensive, and systems-based approach to minimize the threat to health and safety resulting from flooding by using structural and nonstructural flood risk management measures;
to reduce damages and costs associated with flooding;
to identify opportunities to support environmental sustainability and restoration goals of the Upper Mississippi River and Illinois River floodplain as part of any systemic flood risk management plan; and
to seek opportunities to address, in concert with flood risk management measures, other floodplain specific problems, needs, and opportunities.
Study components
In carrying out the study under subsection (a), the Secretary shall—
as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors of the States within the Upper Mississippi and Illinois River basins, the appropriate levee and drainage districts, nonprofit organizations, and other interested parties;
recommend projects for reconstruction of existing levee systems so as to develop and maintain a comprehensive system for flood risk reduction and floodplain management;
perform a systemic analysis of critical transportation systems to determine the feasibility of protecting river approaches for land-based systems, highways, and railroads;
develop a basin-wide hydrologic model for the Upper Mississippi River System and update as changes occur and new data is available; and
use, to the maximum extent practicable, any existing plans and data.
Basis for recommendations
In recommending a project under subsection (c)(2), the Secretary may justify the project based on system-wide benefits.
Salton Sea, California
Section 3032 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1113) is amended—
in the section heading, by inserting program
after restoration
;
in subsection (b)—
in the subsection heading, by striking Pilot projects
and inserting Program
;
in paragraph (1)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by inserting before subparagraph (B) (as redesignated) the following:
Establishment
The Secretary shall carry out a program to implement projects to restore the Salton Sea in accordance with this section.
;
in subparagraph (B) (as redesignated by clause (i)), by striking the pilot
; and
in subparagraph (C) (as redesignated by clause (i))—
in clause (i), in the matter preceding subclause (I), by striking the pilot projects referred to in subparagraph (A)
and inserting the projects referred to in subparagraph (B)
;
in subclause (I), by inserting , Salton Sea Authority, or other non-Federal interest
before the semicolon at the end; and
in subclause (II), by striking pilot
;
in paragraph (2), in the matter preceding subparagraph (A), by striking pilot
; and
in paragraph (3)—
by striking pilot
each place it appears; and
by inserting , Salton Sea Authority, or other non-Federal interest
after State
; and
in subsection (c), by striking pilot
.
Adjustment
Section 219(f)(25) of the Water Resources Development Act of 1992 (Public Law 102–580; 113 Stat. 336) is amended—
by inserting Berkeley
before Calhoun
; and
by striking Orangeberg, and Sumter
and inserting and Orangeberg
.
Coastal resiliency
In general
Section 4014(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is amended—
in paragraph (1), by inserting Indian tribes,
after nonprofit organizations,
;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following:
give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and projects that use dredged materials;
.
Interagency coordination on coastal resilience
In general
The Secretary shall convene an interagency working group on resilience to extreme weather, which will coordinate research, data, and Federal investments related to sea level rise, resiliency, and vulnerability to extreme weather, including coastal resilience.
Consultation
The interagency working group convened under paragraph (1) shall—
participate in any activity carried out by an organization authorized by a State to study and issue recommendations on how to address the impacts on Federal assets of recurrent flooding and sea level rise, including providing consultation regarding policies, programs, studies, plans, and best practices relating to recurrent flooding and sea level rise in areas with significant Federal assets; and
share physical, biological, and socioeconomic data among such State organizations, as appropriate.
Regional intergovernmental collaboration on coastal resilience
Regional assessments
In general
The Secretary may conduct regional assessments of coastal and back bay protection and of Federal and State policies and programs related to coastal water resources, including—
an assessment of the probability and the extent of coastal flooding and erosion, including back bay and estuarine flooding;
recommendations for policies and other measures related to regional Federal, State, local, and private participation in shoreline and back-bay protection projects;
an evaluation of the performance of existing Federal coastal storm damage reduction, ecosystem restoration, and navigation projects, including recommendations for the improvement of those projects;
an assessment of the value and impacts of implementation of regional, systems-based, watershed-based, and interstate approaches if practicable;
recommendations for the demonstration of methodologies for resilience through the use of natural and nature-based infrastructure approaches, as appropriate; and
recommendations regarding alternative sources of funding for new and existing projects.
Cooperation
In carrying out paragraph (1), the Secretary shall cooperate with—
heads of appropriate Federal agencies;
States that have approved coastal management programs and appropriate agencies of those States;
local governments; and
the private sector.
Streamlining
In carrying out this section, the Secretary shall—
to the maximum extent practicable, use existing research done by Federal, State, regional, local, and private entities to eliminate redundancies and related costs;
receive from any of the entities described in subsection (a)(2)—
contributed funds; or
research that may be eligible for credit as work-in-kind under applicable Federal law; and
enable each District or combination of Districts of the Corps of Engineers that jointly participate in carrying out an assessment under this section to consider regionally appropriate engineering, biological, ecological, social, economic, and other factors in carrying out the assessment.
Reports
The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives all reports and recommendations prepared under this section, together with any necessary supporting documentation.
South Atlantic coastal study
In general
The Secretary shall conduct a study of the coastal areas located within the geographical boundaries of the South Atlantic Division of the Corps of Engineers to identify the risks and vulnerabilities of those areas to increased hurricane and storm damage as a result of sea level rise.
Requirements
In carrying out the study under subsection (a), the Secretary shall—
conduct a comprehensive analysis of current hurricane and storm damage reduction measures with an emphasis on regional sediment management practices to sustainably maintain or enhance current levels of storm protection;
identify risks and coastal vulnerabilities in the areas affected by sea level rise;
recommend measures to address the vulnerabilities described in paragraph (2); and
develop a long-term strategy for—
addressing increased hurricane and storm damages that result from rising sea levels; and
identifying opportunities to enhance resiliency, increase sustainability, and lower risks in—
populated areas;
areas of concentrated economic development; and
areas with vulnerable environmental resources.
Consultation
The Secretary shall coordinate, as appropriate, with the heads of other Federal departments and agencies, the Governors of the affected States, regional governmental agencies, and units of local government to address coastal impacts resulting from sea level rise.
Report
Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report recommending specific and detailed actions to address risks and vulnerabilities of the areas described in subsection (a) to increased hurricane and storm damage as a result of sea level rise.
Kanawha River Basin
The Secretary shall conduct studies to determine the feasibility of implementing projects for flood risk management, ecosystem restoration, navigation, water supply, recreation, and other water resource related purposes within the Kanawha River Basin, West Virginia, Virginia, and North Carolina.
Consideration of full array of measures for coastal risk reduction
Definitions
In this section:
Natural feature
The term natural feature means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
Nature-based feature
The term nature-based feature means a feature that is created by human design, engineering, and construction to protect, and in concert with, natural processes to provide risk reduction in coastal areas.
Requirement
In developing projects for coastal risk reduction, the Secretary shall consider, as appropriate—
natural features;
nature-based features;
nonstructural measures; and
structural measures.
Report to Congress
In general
Not later than February 1, 2020, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b).
Contents
The report under paragraph (1) shall include, at a minimum, the following:
A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.
Waterfront community revitalization and resiliency
Findings
Congress finds that—
many communities in the United States were developed along waterfronts;
water proximity and access is a recognized economic driver;
water shortages faced by parts of the United States underscore the need to manage water sustainably and restore water quality;
interest in waterfront revitalization and development has grown, while the circumstances driving waterfront development have changed;
waterfront communities face challenges to revitalizing and leveraging water resources, such as outdated development patterns, deteriorated water infrastructure, industrial contamination of soil and sediment, and lack of public access to the waterfront, which are often compounded by overarching economic distress in the community;
public investment in waterfront community development and infrastructure should reflect changing ecosystem conditions and extreme weather projections to ensure strategic, resilient investments;
individual communities have unique priorities, concerns, and opportunities related to waterfront restoration and community revitalization; and
the Secretary of Commerce has unique expertise in Great Lakes and ocean coastal resiliency and economic development.
Definitions
In this section:
Indian tribe
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Resilient waterfront community
The term resilient waterfront community means a unit of local government or Indian tribe that is—
bound in part by—
a Great Lake; or
an ocean; or
bordered or traversed by a riverfront or an inland lake;
self-nominated as a resilient waterfront community; and
designated by the Secretary as a resilient waterfront community on the basis of the development by the community of an eligible resilient waterfront community plan, with eligibility determined by the Secretary after considering the requirements of paragraphs (2) and (3) of subsection (c).
Secretary
The term Secretary means the Secretary of Commerce.
Resilient waterfront communities designation
Designation
In general
Subject to subparagraph (B), the Secretary shall designate resilient waterfront communities based on the extent to which a community meets the criteria described in paragraph (2).
Collaboration
For inland lake and riverfront communities, in making the designation described in subparagraph (A), the Secretary shall work with the Administrator of the Environmental Protection Agency and the heads of other Federal agencies, as the Secretary determines to be necessary.
Resilient waterfront community plan
A resilient waterfront community plan is a community-driven vision and plan that is developed—
voluntarily at the discretion of the community—
to respond to local needs; or
to take advantage of new water-oriented opportunities;
with the leadership of the relevant governmental entity or Indian tribe with the active participation of—
community residents;
utilities; and
interested business and nongovernmental stakeholders;
as a new document or by amending or compiling community planning documents, as necessary, at the discretion of the Secretary;
in consideration of all applicable Federal and State coastal zone management planning requirements;
to address economic competitive strengths; and
to complement and incorporate the objectives and recommendations of applicable regional economic plans.
Components of a resilient waterfront community plan
A resilient waterfront community plan shall—
consider all, or a portion of, the waterfront area and adjacent land and water to which the waterfront is connected ecologically, economically, or through local governmental or tribal boundaries;
describe a vision and plan for the community to develop as a vital and resilient waterfront community, integrating consideration of—
the economic opportunities resulting from water proximity and access, including—
water-dependent industries;
water-oriented commerce; and
recreation and tourism;
the community relationship to the water, including—
quality of life;
public health;
community heritage; and
public access, particularly in areas in which publicly funded ecosystem restoration is underway;
ecosystem challenges and projections, including unresolved and emerging impacts to the health and safety of the waterfront and projections for extreme weather and water conditions;
infrastructure needs and opportunities, to facilitate strategic and sustainable capital investments in—
docks, piers, and harbor facilities;
protection against storm surges, waves, and flooding;
stormwater, sanitary sewer, and drinking water systems, including green infrastructure and opportunities to control nonpoint source runoff; and
other community facilities and private development; and
such other factors as are determined by the Secretary to align with metrics or indicators for resiliency, considering environmental and economic changes.
Duration
After the designation of a community as a resilient waterfront community under paragraph (1), a resilient waterfront community plan developed in accordance with paragraphs (2) and (3) may be—
effective for the 10-year period beginning on the date on which the Secretary approves the resilient waterfront community plan; and
updated by the resilient waterfront community and submitted to the Secretary for the approval of the Secretary before the expiration of the 10-year period.
Resilient waterfront communities network
In general
The Secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities.
Public recognition
In consultation with designated resilient waterfront communities, the Secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism, investment, or other benefits.
Waterfront community revitalization activities
In general
To support a community in leveraging other sources of public and private investment, the Secretary may use existing authority to support—
the development of a resilient waterfront community plan, including planning and feasibility analysis; and
the implementation of strategic components of a resilient waterfront community plan after the resilient waterfront community plan has been approved by the Secretary.
Non-Federal partners
Lead non-Federal partners
A unit of local government or an Indian tribe shall be eligible to be considered as a lead non-Federal partner if the unit of local government or Indian tribe is—
bound in part by—
a Great Lake; or
an ocean; or
bordered or traversed by a riverfront or an inland lake.
Non-Federal implementation partners
Subject to paragraph (4)(C), a lead non-Federal partner may contract with an eligible non-Federal implementation partner for implementation activities described in paragraph (4)(B).
Planning activities
In general
Technical assistance may be provided for the development of a resilient waterfront community plan.
Eligible planning activities
In developing a resilient waterfront community plan, a resilient waterfront community may—
conduct community visioning and outreach;
identify challenges and opportunities;
develop strategies and solutions;
prepare plan materials, including text, maps, design, and preliminary engineering;
collaborate across local agencies and work with regional, State, and Federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances; and
conduct other planning activities that the Secretary considers necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues confronted by the resilient waterfront community.
Implementation activities
In general
Implementation assistance may be provided—
to initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and
to address strategic community priorities that are identified in the resilient waterfront community plan.
Assistance
Assistance may be provided to advance implementation activities, such as—
site preparation;
environmental review;
engineering and design;
acquiring easements or land for uses such as green infrastructure, public amenities, or assembling development sites;
updates to zoning codes;
construction of—
public waterfront or boating amenities; and
public spaces;
infrastructure upgrades to improve coastal resiliency;
economic and community development marketing and outreach; and
other activities at the discretion of the Secretary.
Implementation partners
In general
To assist in the completion of implementation activities, a lead non-Federal partner may contract or otherwise collaborate with a non-Federal implementation partner, including—
a nonprofit organization;
a public utility;
a private entity;
an institution of higher education;
a State government; or
a regional organization.
Lead non-Federal partner responsibility
The lead non-Federal partner shall ensure that assistance and resources received by the lead non-Federal partner to advance the resilient waterfront community plan of the lead non-Federal partner and for related activities are used for the purposes of, and in a manner consistent with, any initiative advanced by the Secretary for the purpose of promoting waterfront community revitalization and resiliency.
Use of non-Federal resources
In general
A resilient waterfront community receiving assistance under this subsection shall provide non-Federal funds toward completion of planning or implementation activities.
Non-Federal resources
Non-Federal funds may be provided by—
1 or more units of local or tribal government;
a State government;
a nonprofit organization;
a private entity;
a foundation;
a public utility; or
a regional organization.
Interagency awareness
At regular intervals, the Secretary shall provide a list of resilient waterfront communities to the applicable States and the heads of national and regional offices of interested Federal agencies, including at a minimum—
the Secretary of Transportation;
the Secretary of Agriculture;
the Administrator of the Environmental Protection Agency;
the Administrator of the Federal Emergency Management Agency;
the Assistant Secretary of the Army for Civil Works;
the Secretary of the Interior; and
the Secretary of Housing and Urban Development.
No new regulatory authority
Nothing in this section may be construed as establishing new authority for any Federal agency.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2017 through 2021.
Funding
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $800,000, to remain available until expended.
Table Rock Lake, Arkansas and Missouri
In general
Notwithstanding any other provision of law, the Secretary—
shall include a 60-day public comment period for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan revision; and
shall finalize the revision for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan during the 2-year period beginning on the date of enactment of this Act.
Shoreline use permits
During the period described in subsection (a)(2), the Secretary shall lift or suspend the moratorium on the issuance of new, and modifications to existing, shoreline use permits based on the existing Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan.
Oversight committee
In general
Not later than 120 days after the date of enactment of this Act, the Secretary shall establish an oversight committee (referred to in this subsection as the Committee
).
Purposes
The purposes of the Committee shall be—
to review any permit to be issued under the existing Table Rock Lake Master Plan at the recommendation of the District Engineer; and
to advise the District Engineer on revisions to the new Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan.
Membership
Membership in the Committee shall not exceed 6 members and shall include—
not more than 1 representative each from the State of Missouri and the State of Arkansas;
not more than 1 representative each from local economic development organizations with jurisdiction over Table Rock Lake; and
not more than 1 representative each representing the boating and conservation interests of Table Rock Lake.
Study
The Secretary shall—
carry out a study on the need to revise permit fees relating to Table Rock Lake to better reflect the cost of issuing those fees and achieve cost savings;
submit to Congress a report on the results of the study described in subparagraph (A); and
begin implementation of the new permit fee structure based on the findings of the study described in subparagraph (A).
Pearl River Basin, Mississippi
The Secretary shall expedite review and decision on the recommendation for the project for flood damage reduction authorized by section 401(e)(3) of the Water Resources Development Act of 1986 (100 Stat. 4132), as amended by section 3104 of the Water Resources Development Act of 2007 (121 Stat. 1134), submitted to the Secretary under section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014).
Deauthorizations
Deauthorizations
Valdez, Alaska
In general
Subject to paragraph (2), the portions of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigation servitude beginning on the date of enactment of this Act.
Entry by Federal Government
The Federal Government may enter on the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project described in paragraph (1).
Red river below Denison dam, Arkansas, Louisiana, and Texas
The portion of the project for flood protection on Red River Below Denison Dam, Arkansas, Louisiana and Texas, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596), consisting of the portion of the West Agurs Levee that begins at lat. 32°32’50.86” N., by long. 93°46’16.82” W., and ends at lat. 32° 31’22.79” N., by long. 93° 45’ 2.47” W., is no longer authorized beginning on the date of enactment of this Act.
Sutter Basin, California
In general
The separable element constituting the locally preferred plan increment reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366) is no longer authorized beginning on the date of enactment of this Act.
Savings provisions
The deauthorization under paragraph (1) does not affect—
the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366); or
previous authorizations providing for the Sacramento River and major and minor tributaries project, including—
section 2 of the Act of March 1, 1917 (39 Stat. 949; chapter 144);
section 12 of the Act of December 22, 1944 (58 Stat. 900; chapter 665);
section 204 of the Flood Control Act of 1950 (64 Stat. 177; chapter 188); and
any other Acts relating to the authorization for the Sacramento River and major and minor tributaries project along the Feather River right bank between levee stationing 1483+33 and levee stationing 2368+00.
Stonington Harbor, Connecticut
The portion of the project for navigation, Stonington Harbor, Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288; chapter 73) that consists of the inner stone breakwater that begins at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 degrees west 166.79' to a point N. 682,165.05, E. 1,231,212.94, running north 69.209 degrees west 380.89' to a point N. 682,300.25, E. 1,230,856.86, is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Green River and Barren River, Kentucky
In general
Beginning on the date of enactment of this Act, commercial navigation at the locks and dams identified in the report of the Chief of Engineers entitled Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky
and dated April 30, 2015, shall no longer be authorized, and the land and improvements associated with the locks and dams shall be—
disposed of consistent with paragraph (2); and
subject to such terms and conditions as the Secretary determines to be necessary and appropriate in the public interest.
Disposition
Green River Lock and Dam 3
The Secretary shall convey to the Rochester Dam Regional Water Commission all right, title, and interest of the United States in and to Green River Lock and Dam 3, located in Ohio County and Muhlenberg County, Kentucky, together with any improvements on the land.
Green River Lock and Dam 4
The Secretary shall convey to Butler County, Kentucky, all right, title, and interest of the United States in and to Green River Lock and Dam 4, located in Butler County, Kentucky, together with any improvements on the land.
Green River Lock and Dam 5
The Secretary shall convey to the State of Kentucky, a political subdivision of the State of Kentucky, or a nonprofit, nongovernmental organization all right, title, and interest of the United States in and to Green River Lock and Dam 5 for the express purposes of—
removing the structure from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Green River Lock and Dam 6
In general
The Secretary shall transfer to the Secretary of the Interior administrative jurisdiction over the portion of Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the left descending bank of the Green River, together with any improvements on the land, for inclusion in Mammoth Cave National Park.
Transfer to the State of Kentucky
The Secretary shall transfer to the State of Kentucky all right, title, and interest of the United States in and to the portion of Green River Lock and Dam 6, Edmonson County, Kentucky, that is located on the right descending bank of the Green River, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of—
removing the structure from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Barren River Lock and Dam 1
The Secretary shall convey to the State of Kentucky, all right, title, and interest of the United States in and to Barren River Lock and Dam 1, located in Warren County, Kentucky, together with any improvements on the land, for use by the Department of Fish and Wildlife Resources of the State of Kentucky for the purposes of—
removing the structure from the river at the earliest feasible time; and
making the land available for conservation and public recreation, including river access.
Conditions
In general
The exact acreage and legal description of any land to be disposed of, transferred, or conveyed under this subsection shall be determined by a survey satisfactory to the Secretary.
Quitclaim deed
A conveyance under subparagraph (A), (B), (D), or (E) of paragraph (2) shall be accomplished by quitclaim deed and without consideration.
Administrative costs
The Secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this subsection, including the costs of a survey carried out under subparagraph (A).
Reversion
If the Secretary determines that the land transferred or conveyed under this subsection is not used by a non-Federal entity for a purpose that is consistent with the purpose of the transfer or conveyance, all right, title, and interest in and to the land, including any improvements on the land, shall revert, at the discretion of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the land.
Essex River, Massachusetts
In general
The portions of the project for navigation, Essex River, Massachusetts, authorized by the first section of the Act of July 13, 1892 (27 Stat. 96, chapter 158), and modified by the first section of the Act of March 3, 1899 (30 Stat. 1133, chapter 425), and the first section of the Act of March 2, 1907 (34 Stat. 1075, chapter 2509), that do not lie within the areas described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act.
Areas described
The areas described in this paragraph are—
beginning at a point N. 3056139.82, E. 851780.21;
running southwesterly about 156.88 feet to a point N. 3055997.75, E. 851713.67;
running southwesterly about 64.59 feet to a point N. 3055959.37, E. 851661.72;
running southwesterly about 145.14 feet to a point N. 3055887.10, E. 851535.85;
running southwesterly about 204.91 feet to a point N. 3055855.12, E. 851333.45;
running northwesterly about 423.50 feet to a point N. 3055976.70, E. 850927.78;
running northwesterly about 58.77 feet to a point N. 3056002.99, E. 850875.21;
running northwesterly about 240.57 feet to a point N. 3056232.82, E. 850804.14;
running northwesterly about 203.60 feet to a point N. 3056435.41, E. 850783.93;
running northwesterly about 78.63 feet to a point N. 3056499.63, E. 850738.56;
running northwesterly about 60.00 feet to a point N. 3056526.30, E. 850684.81;
running southwesterly about 85.56 feet to a point N. 3056523.33, E. 850599.31;
running southwesterly about 36.20 feet to a point N. 3056512.37, E. 850564.81;
running southwesterly about 80.10 feet to a point N. 3056467.08, E. 850498.74;
running southwesterly about 169.05 feet to a point N. 3056334.36, E. 850394.03;
running northwesterly about 48.52 feet to a point N. 3056354.38, E. 850349.83;
running northeasterly about 83.71 feet to a point N. 3056436.35, E. 850366.84;
running northeasterly about 212.38 feet to a point N. 3056548.70, E. 850547.07;
running northeasterly about 47.60 feet to a point N. 3056563.12, E. 850592.43;
running northeasterly about 101.16 feet to a point N. 3056566.62, E. 850693.53;
running southeasterly about 80.22 feet to a point N. 3056530.97, E. 850765.40;
running southeasterly about 99.29 feet to a point N. 3056449.88, E. 850822.69;
running southeasterly about 210.12 feet to a point N. 3056240.79, E. 850843.54;
running southeasterly about 219.46 feet to a point N. 3056031.13, E. 850908.38;
running southeasterly about 38.23 feet to a point N. 3056014.02, E. 850942.57;
running southeasterly about 410.93 feet to a point N. 3055896.06, E. 851336.21;
running northeasterly about 188.43 feet to a point N. 3055925.46, E. 851522.33;
running northeasterly about 135.47 feet to a point N. 3055992.91, E. 851639.80;
running northeasterly about 52.15 feet to a point N. 3056023.90, E. 851681.75; and
running northeasterly about 91.57 feet to a point N. 3056106.82, E. 851720.59.
Hannibal small boat harbor, Hannibal, Missouri
The project for navigation at Hannibal Small Boat Harbor on the Mississippi River, Hannibal, Missouri, authorized by section 101 of the River and Harbor Act of 1950 (Public Law 81–516; 64 Stat. 166, chapter 188), is no longer authorized beginning on the date of enactment of this Act, and any maintenance requirements associated with the project are terminated.
Port of Cascade locks, Oregon
Termination of portions of existing flowage easement
Definition of flowage easement
In this paragraph, the term flowage easement means the flowage easements identified as tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, as follows:
A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25 at page 531 (records of Hood River County, Oregon), in favor of United States (302E–1–Perpetual Flowage Easement from October 5, 1937, October 5, 1936, and October 3, 1936) (previously acquired as tracts OH–36 and OH–41 and a portion of tract OH–47).
A flowage easement recorded October 17, 1936, book 25 at page 476 (records of Hood River County, Oregon), in favor of the United States, that affects that portion below the 94-foot contour line above main sea level (304 E–1–Perpetual Flowage Easement from August 10, 1937 and October 3, 1936) (previously acquired as tract OH–42 and a portion of tract OH–47).
Termination
With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easements are terminated above elevation 82.4 feet (NGVD29), the ordinary high water mark.
Affected properties
The properties described in this paragraph, as recorded in Hood River, County, Oregon, are as follows:
Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park
subdivision, instrument #2014–00436.
Parcels 1, 2, and 3 of Hood River County Partition plat No. 2008–25P.
Federal liabilities; cultural, environmental, other regulatory reviews
Federal liability
The United States shall not be liable for any injury caused by the termination of the easement under this subsection.
Cultural and environmental regulatory actions
Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2).
Effect on other rights
Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2).
Declarations of non-navigability for portions of the Delaware River, Philadelphia, Pennsylvania
In general
Subject to paragraphs (2) and (3), unless the Secretary determines, after consultation with local and regional public officials (including local and regional project planning organizations), that there are substantive objections, the following portions of the Delaware River, bounded by the former bulkhead and pierhead lines established by the Secretary of War and successors, are declared to be non-navigable waters of the United States:
Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 46, 48, 40, and 38.
Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.
Determination
The Secretary shall make the determination under paragraph (1) separately for each portion of the Delaware River described in subparagraphs (A) and (B) of paragraph (1), using reasonable discretion, by not later than 150 days after the date of submission of appropriate plans for that portion.
Limits on applicability
In general
Paragraph (1) applies only to those parts of the areas described in that paragraph that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.
Other Federal laws
Any work described in subparagraph (A) shall be subject to all applicable Federal law (including regulations), including—
sections 9 and 10 of the Act of March 3, 1899 (commonly known as the River and Harbors Appropriation Act of 1899
) (33 U.S.C. 401, 403);
section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Salt Creek, Graham, Texas
In general
The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 278–279), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Certain project-related claims
The non-Federal sponsor for the project described in paragraph (1) shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project.
Transfer
The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal sponsor that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal sponsor.
Reversion
If the Secretary determines that the land that is integral to the project described in paragraph (1) ceases to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States.
New Savannah Bluff Lock and Dam, Georgia and South Carolina
Definitions
In this subsection:
New Savannah Bluff Lock and Dam
The term New Savannah Bluff Lock and Dam has the meaning given the term in section 348(l)(1) of the Water Resources Development Act of 2000 (114 Stat. 2630) (as in effect on the day before the date of enactment of this Act).
Project
The term Project means the project for navigation, Savannah Harbor expansion, Georgia, authorized by section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364).
Deauthorization
In general
Effective beginning on the date of enactment of this Act—
the New Savannah Bluff Lock and Dam is deauthorized; and
notwithstanding section 348(l)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in effect on the day before the date of enactment of this Act) or any other provision of law, the New Savannah Bluff Lock and Dam shall not be conveyed to the city of North Augusta and Aiken County, South Carolina, or any other non-Federal entity.
Repeal
Section 348 of the Water Resources Development Act of 2000 (114 Stat. 2630; 114 Stat. 2763A–228) is amended—
by striking subsection (l); and
by redesignating subsections (m) and (n) as subsections (l) and (m), respectively.
Project modifications
In general
Notwithstanding any other provision of law, the Project is modified to include, as the Secretary determines to be necessary—
repair of the lock wall of the New Savannah Bluff Lock and Dam and modification of the structure such that the structure is able—
to maintain the pool for navigation, water supply, and recreational activities, as in existence on the date of enactment of this Act; and
to allow safe passage via a rock ramp over the structure to historic spawning grounds of Shortnose sturgeon, Atlantic sturgeon, and other migratory fish; or
construction at an appropriate location across the Savannah River of a rock weir that is able to maintain the pool for water supply and recreational activities, as in existence on the date of enactment of this Act; and
removal of the New Savannah Bluff Lock and Dam on completion of construction of the weir; and
conveyance by the Secretary to Augusta-Richmond County, Georgia, of the park and recreation area adjacent to the New Savannah Bluff Lock and Dam, without consideration.
Operation and maintenance costs
The Federal share of the costs of operation and maintenance of any Project feature constructed pursuant to subparagraph (A) shall be 100 percent.
Conveyances
Pearl River, Mississippi and Louisiana
In general
The project for navigation, Pearl River, Mississippi and Louisiana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1033, chapter 831) and section 101 of the River and Harbor Act of 1966 (Public Law 89–789; 80 Stat. 1405), is no longer authorized as a Federal project beginning on the date of enactment of this Act.
Transfer
In general
Subject to subparagraphs (B) and (C), the Secretary is authorized to convey to a State or local interest, without consideration, all right, title, and interest of the United States in and to—
any land in which the Federal Government has a property interest for the project described in paragraph (1); and
improvements to the land described in clause (i).
Responsibility for costs
The transferee shall be responsible for the payment of all costs and administrative expenses associated with any transfer carried out pursuant to subparagraph (A), including costs associated with any land survey required to determine the exact acreage and legal description of the land and improvements to be transferred.
Other terms and conditions
A transfer under subparagraph (A) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States.
Reversion
If the Secretary determines that the land and improvements conveyed under paragraph (2) ceases to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States.
Sardis lake, Mississippi
In general
The Secretary is authorized to convey to the lessee, at full fair market value, all right, title and interest of the United Sates in and to the property identified in the leases numbered DACW38–1–15–7, DACW38–1–15–33, DACW38–1–15–34, and DACW38–1–15–38, subject to such terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States.
Easement and restrictive covenant
The conveyance under paragraph (1) shall include—
a restrictive covenant to require the approval of the Secretary for any substantial change in the use of the property; and
a flowage easement.
Pensacola Dam and Reservoir, Grand River, Oklahoma
In general
Notwithstanding the Act of June 28, 1938 (52 Stat. 1215, chapter 795), as amended by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwithstanding section 3 of the Act of July 31, 1946 (60 Stat. 744, chapter 710), the Secretary shall convey, by quitclaim deed and without consideration, to the Grand River Dam Authority, an agency of the State of Oklahoma, for flood control purposes, all right, title, and interest of the United States in and to real property under the administrative jurisdiction of the Secretary acquired in connection with the Pensacola Dam project, together with any improvements on the property.
Flood control purposes
If any interest in the real property described in paragraph (1) ceases to be managed for flood control or other public purposes and is conveyed to a non-public entity, the transferee, as part of the conveyance, shall pay to the United States the fair market value for the interest.
No effect
Nothing in this subsection—
amends, modifies, or repeals any existing authority vested in the Federal Energy Regulatory Commission; or
amends, modifies, or repeals any authority of the Secretary or the Chief of Engineers pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709).
Joe Pool Lake, Texas
The Secretary shall accept from the Trinity River Authority of Texas, if received by December 31, 2016, $31,233,401 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a (relating to project investment costs) of contract number DACW63–76–C–0106 as of the date of enactment of this Act.
Weber Basin Project, Utah
In general
The Secretary of the Interior shall allow for the prepayment of repayment obligations under the repayment contract numbered 14–06–400–33 between the United States and the Weber Basin Water Conservancy District (referred to in this subsection as the District
), dated December 12, 1952, and supplemented and amended on June 30, 1961, on April 15, 1966, on September 20, 1968, and on May 9, 1985, including any other amendments and all related applicable contracts to the repayment contract, providing for repayment of Weber Basin Project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to the repayment contract under terms and conditions similar to the terms and conditions used in implementing the prepayment provisions in section 210 of the Central Utah Project Completion Act (Public Law 102–575; 106 Stat. 4624) for prepayment of Central Utah Project, Bonneville Unit repayment obligations.
Authorizations and requirements
The prepayment authorized under paragraph (1)—
shall result in the United States recovering the net present value of all repayment streams that would have been payable to the United States if this section was not in effect;
may be provided in several installments;
may not be adjusted on the basis of the type of prepayment financing used by the District; and
shall be made in a manner that provides that total repayment is made not later than September 30, 2026.
Water resources infrastructure
Authorization of final feasibility studies
The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section:
Navigation
| A. State | B. Name | C. Date of Report of Chief of Engineers | D. Estimated Costs |
| 1. TX | Brazos Island Harbor | November 3, 2014 | Federal: $116,116,000 Non-Federal: $135,836,000 Total: $251,952,000 |
| 2. LA | Calcasieu Lock | December 2, 2014 | Federal: $16,700,000 Non-Federal: $0 Total: $16,700,000 |
| 3. NH, ME | Portsmouth Harbor and Piscataqua River | February 8, 2015 | Federal: $15,580,000 Non-Federal: $5,190,000 Total: $20,770,000 |
| 4. KY | Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1 Disposition | April 30, 2015 | Federal: $0 Non-Federal: $0 Total: $0 |
| 5. FL | Port Everglades | June 25, 2015 | Federal: $220,200,000 Non-Federal: $102,500,000 Total: $322,700,000 |
| 6. AK | Little Diomede | August 10, 2015 | Federal: $26,015,000 Non-Federal: $2,945,000 Total: $28,960,000 |
| 7. SC | Charleston Harbor | September 8, 2015 | Federal: $224,300,000 Non-Federal: $269,000,000 Total: $493,300,000 |
| 8. AK | Craig Harbor | March 16, 2016 | Federal: $29,062,000 Non-Federal: $3,255,000 Total: $32,317,000 |
| 9. PA | Upper Ohio River, Allegheny and Beaver Counties | September 12, 2016 | Federal: $1,324,235,500 Non-Federal: $1,324,235,500 Total: $2,648,471,000 |
Flood risk management
| A. State | B. Name | C. Date of Report of Chief of Engineers | D. Estimated Costs |
| 1. TX | Leon Creek Watershed, San Antonio | June 30, 2014 | Federal: $18,314,000 Non-Federal: $9,861,000 Total: $28,175,000 |
| 2. MO, KS | Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas City | January 27, 2015 | Federal: $207,036,000 Non-Federal: $111,481,000 Total: $318,517,000 |
| 3. KS | City of Manhattan | April 30, 2015 | Federal: $15,440,100 Non-Federal: $8,313,900 Total: $23,754,000 |
| 4. KS | Upper Turkey Creek Basin | December 22, 2015 | Federal: $24,584,000 Non-Federal: $13,238,000 Total: $37,822,000 |
| 5. NC | Princeville | February 23, 2016 | Federal: $14,001,000 Non-Federal: $7,539,000 Total: $21,540,000 |
| 6. CA | West Sacramento | April 26, 2016 | Federal: $776,517,000 Non-Federal: $414,011,000 Total: $1,190,528,000 |
| 7. CA | American River Watershed Common Features | April 26, 2016 | Federal: $876,478,000 Non-Federal: $689,272,000 Total: $1,565,750,000 |
| 8. TN | Mill Creek, Nashville | October 15, 2015 | Federal: $17,759,000 Non-Federal: $10,745,000 Total: $28,504,000 |
Hurricane and storm damage risk reduction
| A. State | B. Name | C. Date of Report of Chief of Engineers | D. Estimated Initial Costs and Estimated Renourishment Costs |
| 1. SC | Edisto Beach, Colleton County | September 5, 2014 | Initial Federal: $13,733,850 Initial Non-Federal: $7,395,150 Initial Total: $21,129,000 Renourishment Federal: $16,371,000 Renourishment Non-Federal: $16,371,000 Renourishment Total: $32,742,000 |
| 2. FL | Flagler County | December 23, 2014 | Initial Federal: $9,218,300 Initial Non-Federal: $4,963,700 Initial Total: $14,182,000 Renourishment Federal: $15,390,000 Renourishment Non-Federal: $15,390,000 Renourishment Total: $30,780,000 |
| 3. NC | Bogue Banks, Carteret County | December 23, 2014 | Initial Federal: $24,263,000 Initial Non-Federal: $13,064,000 Initial Total: $37,327,000 Renourishment Federal: $114,728,000 Renourishment Non-Federal: $114,728,000 Renourishment Total: $229,456,000 |
| 4. NJ | Hereford Inlet to Cape May Inlet, New Jersey Shoreline Protection Project, Cape May County | January 23, 2015 | Initial Federal: $14,040,000 Initial Non-Federal: $7,560,000 Initial Total: $21,600,000 Renourishment Federal: $41,215,000 Renourishment Non-Federal: $41,215,000 Renourishment Total: $82,430,000 |
| 5. LA | West Shore Lake Pontchartrain | June 12, 2015 | Federal: $466,760,000 Non-Federal: $251,330,000 Total: $718,090,000 |
| 6. CA | Encinitas-Solana Beach Coastal Storm Damage Reduction | April 29, 2016 | Initial Federal: $20,166,000 Initial Non-Federal: $10,858,000 Initial Total: $31,024,000 Renourishment Federal: $68,215,000 Renourishment Non-Federal: $68,215,000 Renourishment Total: $136,430,000 |
| 7. LA | Southwest Coastal Louisiana | July 29, 2016 | Federal: $2,011,279,000 Non-Federal: $1,082,997,000 Total: $3,094,276,000 |
Flood risk management and environmental restoration
| A. State | B. Name | C. Date of Report of Chief of Engineers | D. Estimated Costs |
| 1. IL, WI | Upper Des Plaines River and Tributaries | June 8, 2015 | Federal: $199,393,000 Non-Federal: $107,694,000 Total: $307,087,000 |
| 2. CA | South San Francisco Bay Shoreline | December 18, 2015 | Federal: $69,521,000 Non-Federal: $104,379,000 Total: $173,900,000 |
Environmental restoration
| A. State | B. Name | C. Date of Report of Chief of Engineers | D. Estimated Costs |
| 1. FL | Central Everglades Planning Project, Comprehensive Everglades Restoration Plan, Central and Southern Florida Project | December 23, 2014 | Federal: $976,375,000 Non-Federal: $974,625,000 Total: $1,951,000,000 |
| 2. OR | Lower Willamette River Environmental Dredging | December 14, 2015 | Federal: $19,143,000 Non-Federal: $10,631,000 Total: $29,774,000 |
| 3. WA | Skokomish River | December 14, 2015 | Federal: $12,782,000 Non-Federal: $6,882,000 Total: $19,664,000 |
| 4. CA | LA River Ecosystem Restoration | December 18, 2015 | Federal: $375,773,000 Non-Federal: $980,835,000 Total: $1,356,608,000 |
Special rule
The portion of the Mill Creek Flood Risk Management project authorized by paragraph (2) that consists of measures within the Mill Creek Basin shall be carried out pursuant to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Authorization of project modifications recommended by the Secretary
The following project modifications for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the recommendations of the Director of Civil Works, as specified in the reports referred to in this section:
| A. State | B. Name | C. Date of Director's Report | D. Updated Authorization Project Costs |
| 1. KS, MO | Turkey Creek Basin | November 4, 2015 | Estimated Federal: $97,067,750 Estimated Non-Federal: $55,465,250 Total: $152,533,000 |
| 2. MO | Blue River Basin | November 6, 2015 | Estimated Federal: $34,860,000 Estimated Non-Federal: $11,620,000 Total: $46,480,000 |
| 3. FL | Picayune Strand | March 9, 2016 | Estimated Federal: $308,983,000 Estimated Non-Federal: $308,983,000 Total: $617,967,000 |
| 4. KY | Ohio River Shoreline | March 11, 2016 | Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000 |
| 5. TX | Houston Ship Channel | May 13, 2016 | Estimated Federal: $381,032,000 Estimated Non-Federal: $127,178,000 Total: $508,210,000 |
| 6. AZ | Rio de Flag, Flagstaff | June 22, 2016 | Estimated Federal: $65,514,650 Estimated Non-Federal: $35,322,350 Total: $100,837,000 |
| 7. MO | Swope Park Industrial Area, Blue River | April 21, 2016 | Estimated Federal: $20,205,250 Estimated Non-Federal: $10,879,750 Total: $31,085,000 |
Authorization of study and modification proposals submitted to Congress by the Secretary
Arctic deep draft port development partnerships
Section 2105 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2243) is amended—
by striking (25 U.S.C. 450b))
each place it appears and inserting (25 U.S.C. 5304)) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)
; and
by adding at the end the following:
Consideration of national security interests
In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—
shall consult with the Secretary of Homeland Security and the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and
if appropriate, as determined by the Secretary, may determine a port described in paragraph (1) is feasible based on the benefits described in that paragraph.
.
Ouachita-Black Rivers, Arkansas and Louisiana
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Ouachita-Black Rivers, authorized by section 101 of the River and Harbor Act of 1960 (Public Law 86–645; 74 Stat. 481) to include bank stabilization and water supply as project purposes.
Cache creek basin, california
In general
The Secretary shall prepare a general reevaluation report on the project for flood control, Cache Creek Basin, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4112).
Requirements
In preparing the report under paragraph (1), the Secretary shall identify specific needed modifications to existing project authorities—
to increase basin capacity;
to decrease the long-term maintenance; and
to provide opportunities for ecosystem benefits for the Sacramento River flood control project.
Coyote Valley Dam, California
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, environmental restoration, and water supply by modifying the Coyote Valley Dam, California.
Del Rosa drainage area, California
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and ecosystem restoration in the cities of San Bernardino and Highland, San Bernardino County, California.
Merced county, california
The Secretary shall prepare a general reevaluation report on the project for flood control, Merced County streams project, California, authorized by section 10 of the Act of December 22, 1944 (58 Stat. 900; chapter 665), to investigate the flood risk management opportunities and improve levee performance along Black Rascal Creek and Bear Creek.
Mission-Zanja drainage area, California
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and ecosystem restoration in the cities of Redlands, Loma Linda, and San Bernardino, California, and unincorporated counties of San Bernardino County, California.
Santa Ana River Basin, California
The Secretary shall conduct a study to determine the feasibility of modifying the project for flood damage reduction by modifying the San Jacinto and Bautista Creek Improvement Project, part of the Santa Ana River Basin Project in Riverside County, California.
Delaware Bay coastline, Delaware and New Jersey-Roosevelt Inlet-Lewes Beach, Delaware
The Secretary shall conduct a study to determine the feasibility of modifying the project for shoreline protection and ecosystem restoration, Delaware Bay Coastline, Delaware and New Jersey-Roosevelt Inlet-Lewes Beach, Delaware, authorized by section 101(a)(13) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 276), to extend the authorized project limit from the current eastward terminus to a distance of 8,000 feet east of the Roosevelt Inlet east jetty.
Mispillion Inlet, Conch Bar, Delaware
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation and shoreline protection at Mispillion Inlet and Conch Bar, Sussex County, Delaware.
Daytona Beach flood protection, Florida
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood control in the city of Daytona Beach, Florida.
Brunswick Harbor, Georgia
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Brunswick Harbor, Georgia, authorized by section 101(a)(19) of the Water Resources and Development Act of 1999 (Public Law 106–53; 113 Stat. 277)—
to widen the existing bend in the Federal navigation channel at the intersection of Cedar Hammock and Brunswick Point Cut Ranges; and
to extend the northwest side of the existing South Brunswick River Turning Basin.
Savannah River below Augusta, Georgia
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Savannah River below Augusta, Georgia, authorized by the first section of the Act of July 3, 1930 (46 Stat. 924, chapter 847), to include aquatic ecosystem restoration, water supply, recreation, sediment management, and flood control as project purposes.
Dubuque, Iowa
The Secretary shall conduct a study to determine the feasibility of modifying the project for flood protection, Dubuque, Iowa, authorized by section 208 of the Flood Control Act of 1965 (Public Law 89–298; 79 Stat. 1086), to increase the level of flood protection and reduce flood damages.
Mississippi River ship channel, Gulf to Baton Rouge, Louisiana
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section 201(a) of the Harbor Development and Navigation Improvement Act of 1986 (Public Law 99–662; 100 Stat. 4090), to deepen the channel approaches and the associated area on the left descending bank of the Mississippi River between mile 98.3 and mile 100.6 Above Head of Passes (AHP) to a depth equal to the Channel.
St. Tammany Parish Government Comprehensive Coastal Master Plan, Louisiana
The Secretary shall conduct a study to determine the feasibility of carrying out projects described in the St. Tammany Parish Comprehensive Coastal Master Plan for flood control, shoreline protection, and ecosystem restoration in St. Tammany Parish, Louisiana.
Cayuga Inlet, Ithaca, New York
The Secretary shall conduct a study to determine the feasibility of modifying the project for flood protection, Great Lakes Basin, authorized by section 203 of the Flood Control Act of 1960 (Public Law 86–645; 74 Stat. 488) to include sediment management as a project purpose on the Cayuga Inlet, Ithaca, New York.
Chautauqua County, New York
In general
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood risk management, navigation, environmental dredging, and ecosystem restoration on the Cattaraugus, Silver Creek, and Chautauqua Lake tributaries in Chautauqua County, New York.
Evaluation of potential solutions
In conducting the study under paragraph (1), the Secretary shall evaluate potential solutions to flooding from all sources, including flooding that results from ice jams.
Delaware River Basin, New York, New Jersey, Pennsylvania, Delaware
The Secretary shall conduct a study to determine the feasibility of modifying the operations of the projects for flood control, Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 644, chapter 596), and section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182), to enhance opportunities for ecosystem restoration and water supply.
Cincinnati, Ohio
Review
The Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and the Ohio Riverfront Study, Cincinnati, Ohio, dated August 2002, to determine the feasibility of carrying out flood risk reduction, ecosystem restoration, and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) as a second phase of that project.
Authorization
The project authorized under section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) is modified to authorize the Secretary to undertake the additional flood risk reduction and ecosystem restoration components described in paragraph (1), at a total cost of $30,000,000, if the Secretary determines that the additional flood risk reduction, ecosystem restoration, and recreation components, considered together, are feasible.
Tulsa and West Tulsa, Arkansas River, Oklahoma
In general
The Secretary shall conduct a study to determine the feasibility of modifying the projects for flood risk management, Tulsa and West Tulsa, Oklahoma, authorized by section 3 of the Act of August 18, 1941 (55 Stat. 645; chapter 377).
Requirements
In general
In carrying out the study under paragraph (1), the Secretary shall address project deficiencies, uncertainties, and significant data gaps, including material, construction, and subsurface, which render the project at risk of overtopping, breaching, or system failure.
Addressing deficiencies
In addressing deficiencies under subparagraph (A), the Secretary shall incorporate current design standards and efficiency improvements, including the replacement of mechanical and electrical components at pumping stations, if the incorporation does not significantly change the scope, function, or purpose of the project.
Prioritization to address significant risks
In any case in which a levee or levee system (as defined in section 9002 of the Water Resources Reform and Development Act of 2007 (33 U.S.C. 3301)) is classified as a Class I or II under the levee safety action classification tool developed by the Corps of Engineers, the Secretary shall expedite the project for budget consideration.
Johnstown, Pennsylvania
The Secretary shall conduct a study to determine the feasibility of modifying the project for flood control, Johnstown, Pennsylvania, authorized by the Act of June 22, 1936 (49 Stat. 1570, chapter 688; 50 Stat. 880) (commonly known as the Flood Control Act of 1936
), to include aquatic ecosystem restoration, recreation, sediment management, and increase the level of flood control.
Chacon Creek, Texas
Notwithstanding any other provision of law (including any resolution of a Committee of Congress), the study conducted by the Secretary described in the resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives on May 21, 2003, relating to flood damage reduction, environmental restoration and protection, water conservation and supply, water quality, and related purposes in the Rio Grande Watershed below Falcon Dam, shall include the area above Falcon Dam.
Corpus Christi Ship Channel, Texas
The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation and ecosystem restoration, Corpus Christi Ship Channel, Texas, authorized by section 1001(40) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1056), to develop and evaluate alternatives that address navigation problems directly affecting the Corpus Christi Ship Channel, La Quinta Channel, and La Quinta Channel Extension, including deepening the La Quinta Channel, 2 turning basins, and the wye at La Quinta Junction.
Trinity River and Tributaries, Texas
Review
Not later than 180 days after the date of enactment of this Act, the Secretary shall review the economic analysis of the Center for Economic Development and Research of the University of North Texas entitled Estimated Economic Benefits of the Modified Central City Project (Trinity River Vision) in Fort Worth, Texas
and dated November 2014.
Authorization
The project for flood control and other purposes on the Trinity River and tributaries, Texas, authorized by the River and Harbor Act of 1965 (Public Law 89–298; 79 Stat. 1091), as modified by section 116 the Energy and Water Development Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2944), is further modified to authorize the Secretary to carry out projects described in the recommended plan of the economic analysis described in paragraph (1), if the Secretary determines, based on the review referred to in paragraph (1), that—
the economic analysis and the process by which the economic analysis was developed complies with Federal law (including regulations) applicable to economic analyses for water resources development projects; and
based on the economic analysis, the recommended plan in the supplement to the final environmental impact statement for the Central City Project, Upper Trinity River entitled Final Supplemental No. 1
is economically justified.
Limitation
The Federal share of the cost of the recommended plan described in paragraph (2) shall not exceed $520,000,000, of which not more than $5,500,000 may be expended to carry out recreation features of the project.
Chincoteague Island, Virginia
The Secretary shall conduct a study to determine the feasibility of carrying out projects for ecosystem restoration and flood control, Chincoteague Island, Virginia, authorized by section 8 of Public Law 89–195 (16 U.S.C. 459f–7) (commonly known as the Assateague Island National Seashore Act
) for—
assessing the current and future function of the barrier island, inlet, and coastal bay system surrounding Chincoteague Island;
developing an array of options for resource management; and
evaluating the feasibility and cost associated with sustainable protection and restoration areas.
Burley Creek Watershed, Washington
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and aquatic ecosystem restoration in the Burley Creek Watershed, Washington.
Expedited completion of reports
The Secretary shall expedite completion of the reports for the following projects, in accordance with section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348), and, if the Secretary determines that a project is justified in the completed report, proceed directly to project preconstruction, engineering, and design in accordance with section 910 of the Water Resources Development Act of 1986 (33 U.S.C. 2287):
The project for navigation, St. George Harbor, Alaska.
The project for flood risk management, Rahway River Basin, New Jersey.
The Hudson-Raritan Estuary Comprehensive Restoration Project.
The project for navigation, Mobile Harbor, Alabama.
Extension of expedited consideration in Senate
Section 7004(b)(4) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1374) is amended by striking 2018
and inserting 2020
.
GAO study on Corps of Engineers methodology and performance metrics
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a study of the methodologies and performance metrics used by the Corps of Engineers to calculate benefit-to-cost ratios and evaluate construction projects.
Considerations
The study under subsection (a) shall address—
whether and to what extent the current methodologies and performance metrics place small and rural geographic areas at a competitive disadvantage;
whether the value of property for which damage would be prevented as a result of a flood risk management project is the best measurement for the primary input in benefit-to-cost calculations for flood risk management projects;
any recommendations for approaches to modify the metrics used to improve benefit-to-cost ratio results for small and rural geographic areas; and
whether a reevaluation of existing approaches and the primary criteria used to calculate the economic benefits of a Corps of Engineers construction project could provide greater construction project completion results for small and rural geographic areas without putting a strain on the budget of the Corps of Engineers.
Inventory assessment
Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349).
Saint Lawrence Seaway modernization
Definitions
In this section:
Great Lakes region
The term Great Lakes region means the region comprised of the Great Lakes States.
Great Lakes States
The term Great Lakes States means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.
Seaway
The term Seaway means the Saint Lawrence Seaway.
Study
In general
The Comptroller General, in cooperation with appropriate Federal, State, and local authorities, shall conduct a study to—
assess the condition of the Seaway; and
evaluate options available in the 21st century for modernizing the Seaway as a globally significant transportation corridor.
Scope of study
In conducting the study under paragraph (1), the Comptroller General shall—
assess the condition of the Seaway and the capacity of the Seaway to drive commerce and other economic activity in the Great Lakes region;
detail the importance of the Seaway to the functioning of the United States economy, with an emphasis on the domestic manufacturing sector, including the domestic steel manufacturing industry;
evaluate options—
to modernize physical navigation infrastructure, facilities, and related assets not operated or maintained by the Secretary along the corridor of the Seaway, including an assessment of alternative means for the Great Lakes region to finance large-scale initiatives;
to increase exports of domestically produced goods and study the trade balance and regional economic impact of the possible increase in imports of agricultural products, steel, aggregates, and other goods commonly transported through the Seaway;
increase economic activity and development in the Great Lakes region by advancing the multimodal transportation and economic network in the region;
ensure the competitiveness of the Seaway as a transportation corridor in an increasingly integrated global transportation network; and
attract tourists to the Great Lakes region by improving attractions and removing barriers to tourism and travel throughout the Seaway; and
evaluate the existing and potential financing authorities of the Seaway as compared to other Federal agencies and instrumentalities with development responsibilities.
Deadline
The Comptroller General shall complete the study under paragraph (1) as soon as practicable and not later than 2 years after the date of enactment of this Act.
Coordination
The Comptroller General shall conduct the study under paragraph (1) with input from representatives of the Saint Lawrence Seaway Development Corporation, the Economic Development Administration, the Coast Guard, the Corps of Engineers, the Department of Homeland Security, and State and local entities (including port authorities throughout the Seaway).
Report
The Comptroller General shall submit to Congress a report on the results of the study under paragraph (1) not later than the earlier of—
the date that is 180 days after the date on which the study is completed; or
the date that is 30 months after the date of enactment of this Act.
Yazoo Basin, Mississippi
The authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control known as the Yazoo Basin, Mississippi, Mississippi Delta Headwater Project, MS
, authorized by title I of Public Law 98–8 (97 Stat. 22), as amended, shall not be limited to watersheds referenced in reports accompanying appropriations bills for previous fiscal years.
Safe drinking water and clean water infrastructure
Definition of Administrator
In this title, the term Administrator means the Administrator of the Environmental Protection Agency.
Sense of the Senate on appropriations levels and findings on economic impacts
Sense of the Senate
It is the sense of the Senate that Congress should provide robust funding for the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) and the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
Findings
Congress finds, based on an analysis sponsored by the Water Environment Federation and the WateReuse Association of the nationwide impact of State revolving loan fund spending using the IMPLAN economic model developed by the Federal Government, that, in addition to the public health and environmental benefits, the Federal investment in safe drinking water and clean water provides the following benefits:
Generation of significant Federal tax revenue, as evidenced by the following:
Every dollar of a Federal capitalization grant returns $0.21 to the general fund of the Treasury in the form of Federal taxes and, when additional spending from the State revolving loan funds is considered to be the result of leveraging the Federal investment, every dollar of a Federal capitalization grant returns $0.93 in Federal tax revenue.
A combined $34,700,000,000 in capitalization grants for the clean water and state drinking water state revolving loan funds described in subsection (a) over a period of 5 years would generate $7,430,000,000 in Federal tax revenue and, when additional spending from the State revolving loan funds is considered to be the result of leveraging the Federal investment, the Federal investment will result in $32,300,000,000 in Federal tax revenue during that 5-year period.
An increase in employment, as evidenced by the following:
Every $1,000,000 in State revolving loan fund spending generates 16½ jobs.
$34,700,000,000 in Federal capitalization grants for State revolving loan funds over a period of 5 years would result in 506,000 jobs.
An increase in economic output:
Every $1,000,000 in State revolving loan fund spending results in $2,950,000 in output for the economy of the United States.
$34,700,000,000 in Federal capitalization grants for State revolving loan funds over a period of 5 years will generate $102,700,000,000 in total economic output.
Drinking water
Preconstruction work
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)) is amended—
by designating the first, second, third, fourth, and fifth sentences as subparagraphs (A), (B), (D), (E), and (F), respectively;
in subparagraph (B) (as designated by paragraph (1)) by striking (not
and inserting (including expenditures for planning, design, and associated preconstruction activities, including activities relating to the siting of the facility, but not
; and
by inserting after subparagraph (B) (as designated by paragraph (1)) the following:
Sale of bonds
Funds may also be used by a public water system as a source of revenue (restricted solely to interest earnings of the applicable State loan fund) or security for payment of the principal and interest on revenue or general obligation bonds issued by the State to provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the State loan fund.
.
Priority system requirements
Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amended—
by redesignating subparagraph (B) as subparagraph (D);
by striking subparagraph (A) and inserting the following:
Definition of restructuring
In this paragraph, the term restructuring means changes in operations (including ownership, cooperative partnerships, asset management, consolidation, and alternative water supply).
Priority system
An intended use plan shall provide, to the maximum extent practicable, that priority for the use of funds be given to projects that—
address the most serious risk to human health;
are necessary to ensure compliance with this title (including requirements for filtration);
assist systems most in need on a per-household basis according to State affordability criteria; and
improve the sustainability of systems.
Weight given to applications
After determining project priorities under subparagraph (B), an intended use plan shall provide that the State shall give greater weight to an application for assistance by a community water system if the application includes such information as the State determines to be necessary and contains—
a description of utility management best practices undertaken by a treatment works applying for assistance, including—
an inventory of assets, including any lead service lines, and a description of the condition of the assets;
a schedule for replacement of assets;
a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs; and
a review of options for restructuring the public water system;
demonstration of consistency with State, regional, and municipal watershed plans;
a water conservation plan consistent with guidelines developed for those plans by the Administrator under section 1455(a); and
approaches to improve the sustainability of the system, including—
water efficiency or conservation, including the rehabilitation or replacement of existing leaking pipes;
use of reclaimed water;
actions to increase energy efficiency; and
implementation of plans to protect source water identified in a source water assessment under section 1453.
; and
in subparagraph (D) (as redesignated by paragraph (1)), by striking periodically
and inserting at least biennially
.
Administration of State loan funds
Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(g)(2)) is amended—
in the first sentence, by striking up to 4 percent of the funds allotted to the State under this section
and inserting , for each fiscal year, an amount that does not exceed the sum of the amount of any fees collected by the State for use in covering reasonable costs of administration of programs under this section, regardless of the source, and an amount equal to the greatest of $400,000, 1/5 percent of the current valuation of the fund, or 4 percent of all grant awards to the fund under this section for the fiscal year,
; and
by striking 1419,
and all that follows through 1993.
and inserting 1419.
.
Other authorized activities
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j–12(k)) is amended—
in paragraph (1)(D), by inserting before the period at the end the following: and the implementation of plans to protect source water identified in a source water assessment under section 1453
; and
in paragraph (2)(E), by inserting after wellhead protection programs
the following: and implement plans to protect source water identified in a source water assessment under section 1453
.
Negotiation of contracts
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended by adding at the end the following:
Negotiation of contracts
For communities with populations of more than 10,000 individuals, a contract to be carried out using funds directly made available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as—
a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; or
an equivalent State qualifications-based requirement (as determined by the Governor of the State).
.
Assistance for small and disadvantaged communities
In general
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:
Assistance for small and disadvantaged communities
Definition of underserved community
In this section:
In general
The term underserved community means a local political subdivision that, as determined by the Administrator, has an inadequate drinking water or wastewater system.
Inclusions
The term underserved community includes a local political subdivision that either, as determined by the Administrator—
does not have household drinking water or wastewater services; or
has a drinking water system that fails to meet health-based standards under this Act, including—
a maximum contaminant level for a primary drinking water contaminant;
a treatment technique violation; and
an action level exceedance.
Establishment
In general
The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this Act.
Inclusions
Projects and activities under paragraph (1) include—
infrastructure investments necessary to comply with the requirements of this Act,
assistance that directly and primarily benefits the disadvantaged community on a per-household basis, and
programs to provide household water quality testing, including testing for unregulated contaminants.
Eligible entities
An entity eligible to receive a grant under this section—
is—
a public water system as defined in section 1401;
a system that is located in an area governed by an Indian Tribe (as defined in section 1401); or
a State, on behalf of an underserved community; and
serves a community that, under affordability criteria established by the State under section 1452(d)(3), is determined by the State—
to be a disadvantaged community;
to be a community that may become a disadvantaged community as a result of carrying out an eligible activity; or
to serve a community with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance the project under subsection (b).
Priority
In prioritizing projects for implementation under this section, the Administrator shall give priority to systems that serve underserved communities.
Local participation
In prioritizing projects for implementation under this section, the Administrator shall consult with, and consider the priorities of, affected States, Indian Tribes, and local governments.
Technical, managerial, and financial capability
The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, and financial capability.
Cost sharing
Before carrying out any project under this section, the Administrator shall enter into a binding agreement with 1 or more non-Federal interests that shall require the non-Federal interests—
to pay not less than 45 percent of the total costs of the project, which may include services, materials, supplies, or other in-kind contributions;
to provide any land, easements, rights-of-way, and relocations necessary to carry out the project; and
to pay 100 percent of any operation, maintenance, repair, replacement, and rehabilitation costs associated with the project.
Waiver
The Administrator may waive the requirement to pay the non-Federal share of the cost of carrying out an eligible activity using funds from a grant provided under this section if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
Authorization of Appropriations
There are authorized to be appropriated to carry out this section—
$230,000,000 for fiscal year 2017; and
$300,000,000 for each of fiscal years 2018 through 2021.
.
Funding
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to provide grants to eligible entities under section 1459A of the Safe Drinking Water Act (as added by subsection (a)), $20,000,000, to remain available until expended.
Reducing lead in drinking water
In general
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 7106) is amended by adding at the end the following:
Reducing lead in drinking water
Definitions
In this section:
Eligible entity
The term eligible entity means—
a community water system;
a system located in an area governed by an Indian Tribe;
a nontransient noncommunity water system;
a qualified nonprofit organization, as determined by the Administrator; and
a municipality or State, interstate, or intermunicipal agency.
Lead reduction project
In general
The term lead reduction project means a project or activity the primary purpose of which is to reduce the level of lead in water for human consumption by—
replacement of publicly owned lead service lines;
testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased lead levels in water for human consumption;
assistance to low-income homeowners to replace privately owned service lines, pipes, fittings, or fixtures that contain lead; and
education of consumers regarding measures to reduce exposure to lead from drinking water or other sources.
Limitation
The term lead reduction project does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.
Low-income
The term low-income, with respect to an individual provided assistance under this section, has such meaning as may be given the term by the head of the municipality or State, interstate, or intermunicipal agency with jurisdiction over the area to which assistance is provided.
Municipality
The term municipality means—
a city, town, borough, county, parish, district, association, or other public entity established by, or pursuant to, applicable State law; and
an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
Grant program
Establishment
The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.
Precondition
As a condition of receipt of assistance under this section, before receiving the assistance the eligible entity shall take steps to identify—
the source of lead in water for human consumption; and
the means by which the proposed lead reduction project would reduce lead levels in the applicable water system.
Priority application
In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—
the Administrator determines, based on affordability criteria established by the State under section 1452(d)(3), to be a disadvantaged community; and
proposes to—
carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator at any time during the 3-year period preceding the date of submission of the application of the eligible entity;
address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation; or
address such priority criteria as the Administrator may establish, consistent with the goal of reducing lead levels of concern.
Cost sharing
In general
Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.
Waiver
The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.
Low-income assistance
In general
Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to carry out lead reduction projects.
Limitation
The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the cost of replacement of the privately owned portion of the service line.
Special consideration for lead service line replacement
In carrying out lead service line replacement using a grant under this subsection, an eligible entity shall—
notify customers of the replacement of any publicly owned portion of the lead service line;
in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement;
in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line and any pipes, fitting, and fixtures that contain lead at a cost that is equal to the difference between—
the cost of replacement; and
the amount of low-income assistance available to the homeowner under paragraph (5);
notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line; and
demonstrate that the eligible entity has considered options for reducing lead in drinking water, including an evaluation of options for corrosion control.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2021.
.
Funding
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to provide grants to eligible entities under this section under section 1459B of the Safe Drinking Water Act (as added by subsection (a)), $20,000,000, to remain available until expended.
Regional liaisons for minority, tribal, and low-income communities
In general
The Administrator shall appoint not fewer than 1 employee in each regional office of the Environmental Protection Agency to serve as a liaison to minority, tribal, and low-income communities in the relevant region.
Public identification
The Administrator shall identify each regional liaison selected under subsection (a) on the website of—
the relevant regional office of the Environmental Protection Agency; and
the Office of Environmental Justice of the Environmental Protection Agency.
Notice to persons served
Exceedance of lead action level
Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—
in paragraph (1), by adding at the end the following:
Notice of any exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412, including the concentrations of lead found in a monitoring activity.
;
in paragraph (2)—
in subparagraph (C)—
in clause (iii)—
by striking Administrator or
and inserting Administrator, the Director of the Centers for Disease Control and Prevention, and, if applicable,
; and
by inserting and the appropriate State and county health agencies
after 1413
;
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
Exceedance of lead action level
Regulations issued under subparagraph (A) shall specify notification procedures for an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412.
;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
by inserting after paragraph (2) the following:
Notification of the public relating to lead
Exceedance of lead action level
Not later than 15 days after the date of an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412, the Administrator shall notify the public of the concentrations of lead found in the monitoring activity conducted by the public water system if the public water system or the State does not notify the public of the concentrations of lead found in a monitoring activity.
Results of lead monitoring
In general
The Administrator may provide notice of any result of lead monitoring conducted by a public water system to—
any person that is served by the public water system; or
the local or State health department of a locality or State in which the public water system is located.
Form of notice
The Administrator may provide the notice described in clause (i) by—
press release; or
other form of communication, including local media.
Privacy
Notice to the public shall protect the privacy of individual customer information.
; and
by adding at the end the following:
Strategic plan
Not later than 120 days after the date of enactment of this paragraph, the Administrator, in collaboration with States and owners and operators of public water systems, shall establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and the owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system.
.
Conforming amendments
Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—