skip to main content

S. 612 (114th): WIIN Act

The text of the bill below is as of Dec 11, 2016 (Passed Congress).


One Hundred Fourteenth Congress of the United States of America

2d Session

S. 612

IN THE SENATE OF THE UNITED STATES

AN ACT

To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Water Infrastructure Improvements for the Nation Act or the WIIN Act.

(b)

Table of contents

Sec. 1. Short title; table of contents.

Title I—Water Resources Development

Sec. 1001. Short title.

Sec. 1002. Secretary defined.

Subtitle A—General Provisions

Sec. 1101. Youth service and conservation corps organizations.

Sec. 1102. Navigation safety.

Sec. 1103. Emerging harbors.

Sec. 1104. Federal breakwaters and jetties.

Sec. 1105. Remote and subsistence harbors.

Sec. 1106. Alternative projects to maintenance dredging.

Sec. 1107. Great Lakes Navigation System.

Sec. 1108. Funding for harbor maintenance programs.

Sec. 1109. Maintenance of harbors of refuge.

Sec. 1110. Donor ports and energy transfer ports.

Sec. 1111. Harbor deepening.

Sec. 1112. Implementation guidance.

Sec. 1113. Non-Federal interest dredging authority.

Sec. 1114. Transportation cost savings.

Sec. 1115. Reservoir sediment.

Sec. 1116. Water supply conservation.

Sec. 1117. Drought emergencies.

Sec. 1118. Leveraging Federal infrastructure for increased water supply.

Sec. 1119. Indian tribes.

Sec. 1120. Tribal consultation reports.

Sec. 1121. Tribal partnership program.

Sec. 1122. Beneficial use of dredged material.

Sec. 1123. Great Lakes fishery and ecosystem restoration.

Sec. 1124. Corps of Engineers operation of unmanned aircraft systems.

Sec. 1125. Funding to process permits.

Sec. 1126. Study of water resources development projects by non-Federal interests.

Sec. 1127. Non-Federal construction of authorized flood damage reduction projects.

Sec. 1128. Multistate activities.

Sec. 1129. Planning assistance to States.

Sec. 1130. Regional participation assurance for levee safety activities.

Sec. 1131. Participation of non-Federal interests.

Sec. 1132. Post-authorization change reports.

Sec. 1133. Maintenance dredging data.

Sec. 1134. Electronic submission and tracking of permit applications.

Sec. 1135. Data transparency.

Sec. 1136. Quality control.

Sec. 1137. Report on purchase of foreign manufactured articles.

Sec. 1138. International outreach program.

Sec. 1139. Dam safety repair projects.

Sec. 1140. Federal cost limitation for certain projects.

Sec. 1141. Lake Kemp, Texas.

Sec. 1142. Corrosion prevention.

Sec. 1143. Sediment sources.

Sec. 1144. Prioritization of certain projects.

Sec. 1145. Gulf Coast oyster bed recovery assessment.

Sec. 1146. Initiating work on separable elements.

Sec. 1147. Lower Bois d’Arc Creek Reservoir Project, Fannin County, Texas.

Sec. 1148. Recreational access at Corps of Engineers reservoirs.

Sec. 1149. No wake zones in navigation channels.

Sec. 1150. Ice jam prevention and mitigation.

Sec. 1151. Structural health monitoring.

Sec. 1152. Kennewick Man.

Sec. 1153. Authority to accept and use materials and services.

Sec. 1154. Munitions disposal.

Sec. 1155. Management of recreation facilities.

Sec. 1156. Structures and facilities constructed by Secretary.

Sec. 1157. Project completion.

Sec. 1158. New England District headquarters.

Sec. 1159. Buffalo District headquarters.

Sec. 1160. Future facility investment.

Sec. 1161. Completion of ecosystem restoration projects.

Sec. 1162. Fish and wildlife mitigation.

Sec. 1163. Wetlands mitigation.

Sec. 1164. Debris removal.

Sec. 1165. Disposition studies.

Sec. 1166. Transfer of excess credit.

Sec. 1167. Hurricane and storm damage reduction.

Sec. 1168. Fish hatcheries.

Sec. 1169. Shore damage prevention or mitigation.

Sec. 1170. Enhancing lake recreation opportunities.

Sec. 1171. Credit in lieu of reimbursement.

Sec. 1172. Easements for electric, telephone, or broadband service facilities.

Sec. 1173. Study on performance of innovative materials.

Sec. 1174. Conversion of surplus water agreements.

Sec. 1175. Projects funded by the Inland Waterways Trust Fund.

Sec. 1176. Rehabilitation assistance.

Sec. 1177. Rehabilitation of Corps of Engineers constructed dams.

Sec. 1178. Columbia River.

Sec. 1179. Missouri River.

Sec. 1180. Chesapeake Bay oyster restoration.

Sec. 1181. Salton Sea, California.

Sec. 1182. Adjustment.

Sec. 1183. Coastal engineering.

Sec. 1184. Consideration of measures.

Sec. 1185. Table Rock Lake, Arkansas and Missouri.

Sec. 1186. Rural western water.

Sec. 1187. Interstate compacts.

Sec. 1188. Sense of Congress.

Sec. 1189. Dredged material disposal.

Subtitle B—Studies

Sec. 1201. Authorization of proposed feasibility studies.

Sec. 1202. Additional studies.

Sec. 1203. North Atlantic Coastal Region.

Sec. 1204. South Atlantic coastal study.

Sec. 1205. Texas coastal area.

Sec. 1206. Upper Mississippi and Illinois Rivers.

Sec. 1207. Kanawha River Basin.

Subtitle C—Deauthorizations, Modifications, and Related Provisions

Sec. 1301. Deauthorization of inactive projects.

Sec. 1302. Backlog prevention.

Sec. 1303. Valdez, Alaska.

Sec. 1304. Los Angeles County Drainage Area, Los Angeles County, California.

Sec. 1305. Sutter Basin, California.

Sec. 1306. Essex River, Massachusetts.

Sec. 1307. Port of Cascade Locks, Oregon.

Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania.

Sec. 1309. Huntingdon County, Pennsylvania.

Sec. 1310. Rivercenter, Philadelphia, Pennsylvania.

Sec. 1311. Salt Creek, Graham, Texas.

Sec. 1312. Texas City Ship Channel, Texas City, Texas.

Sec. 1313. Stonington Harbour, Connecticut.

Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana.

Sec. 1315. Green River and Barren River, Kentucky.

Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.

Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation.

Sec. 1318. Cameron County, Texas.

Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.

Sec. 1320. Hamilton City, California.

Sec. 1321. Conveyances.

Sec. 1322. Expedited consideration.

Subtitle D—Water Resources Infrastructure

Sec. 1401. Project authorizations.

Sec. 1402. Special rules.

Title II—Water and Waste Act of 2016

Sec. 2001. Short title.

Sec. 2002. Definition of Administrator.

Subtitle A—Safe Drinking Water

Sec. 2101. Sense of Congress on appropriations levels.

Sec. 2102. Preconstruction work.

Sec. 2103. Administration of State loan funds.

Sec. 2104. Assistance for small and disadvantaged communities.

Sec. 2105. Reducing lead in drinking water.

Sec. 2106. Notice to persons served.

Sec. 2107. Lead testing in school and child care program drinking water.

Sec. 2108. Water supply cost savings.

Sec. 2109. Innovation in the provision of safe drinking water.

Sec. 2110. Small system technical assistance.

Sec. 2111. Definition of Indian Tribe.

Sec. 2112. Technical assistance for tribal water systems.

Sec. 2113. Materials requirement for certain Federally funded projects.

Subtitle B—Drinking Water Disaster Relief and Infrastructure Investments

Sec. 2201. Drinking water infrastructure.

Sec. 2202. Sense of Congress.

Sec. 2203. Registry for lead exposure and advisory committee.

Sec. 2204. Other lead programs.

Subtitle C—Control of Coal Combustion Residuals

Sec. 2301. Approval of State programs for control of coal combustion residuals.

Title III—Natural Resources

Subtitle A—Indian Dam Safety

Sec. 3101. Indian dam safety.

Subtitle B—Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies

Sec. 3201. Definitions.

Part I—Indian Irrigation Fund

Sec. 3211. Establishment.

Sec. 3212. Deposits to fund.

Sec. 3213. Expenditures from fund.

Sec. 3214. Investments of amounts.

Sec. 3215. Transfers of amounts.

Sec. 3216. Termination.

Part II—Repair, Replacement, and Maintenance of Certain Indian Irrigation Projects

Sec. 3221. Repair, replacement, and maintenance of certain indian irrigation projects.

Sec. 3222. Eligible projects.

Sec. 3223. Requirements and conditions.

Sec. 3224. Study of Indian irrigation program and project management.

Sec. 3225. Tribal consultation and user input.

Sec. 3226. Allocation among projects.

Subtitle C—Weber Basin prepayments

Sec. 3301. Prepayment of certain repayment obligations under contracts between the United States and the Weber Basin Water Conservancy District.

Subtitle D—Pechanga water rights settlement

Sec. 3401. Short title.

Sec. 3402. Purposes.

Sec. 3403. Definitions.

Sec. 3404. Approval of the Pechanga Settlement Agreement.

Sec. 3405. Tribal Water Right.

Sec. 3406. Satisfaction of claims.

Sec. 3407. Waiver of claims.

Sec. 3408. Water facilities.

Sec. 3409. Pechanga Settlement Fund.

Sec. 3410. Miscellaneous provisions.

Sec. 3411. Authorization of appropriations.

Sec. 3412. Expiration on failure of enforceability date.

Sec. 3413. Antideficiency.

Subtitle E—Delaware River Basin Conservation

Sec. 3501. Findings.

Sec. 3502. Definitions.

Sec. 3503. Program establishment.

Sec. 3504. Grants and assistance.

Sec. 3505. Annual letter.

Sec. 3506. Prohibition on use of funds for Federal acquisition of interests in land.

Sec. 3507. Sunset.

Subtitle F—Miscellaneous Provisions

Sec. 3601. Bureau of Reclamation Dakotas Area Office permit fees for cabins and trailers.

Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake Tschida).

Sec. 3603. Lake Tahoe Restoration.

Sec. 3604. Tuolumne Band of Me-Wuk Indians.

Sec. 3605. San Luis Rey settlement agreement implementation.

Sec. 3606. Tule River Indian Tribe.

Sec. 3607. Morongo Band of Mission Indians.

Sec. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settlement.

Subtitle G—Blackfeet water rights settlement

Sec. 3701. Short title.

Sec. 3702. Purposes.

Sec. 3703. Definitions.

Sec. 3704. Ratification of compact.

Sec. 3705. Milk river water right.

Sec. 3706. Water delivery through milk river project.

Sec. 3707. Bureau of reclamation activities to improve water management.

Sec. 3708. St. Mary canal hydroelectric power generation.

Sec. 3709. Storage allocation from Lake Elwell.

Sec. 3710. Irrigation activities.

Sec. 3711. Design and construction of MR&I System.

Sec. 3712. Design and construction of water storage and irrigation facilities.

Sec. 3713. Blackfeet water, storage, and development projects.

Sec. 3714. Easements and rights-of-way.

Sec. 3715. Tribal water rights.

Sec. 3716. Blackfeet settlement trust fund.

Sec. 3717. Blackfeet water settlement implementation fund.

Sec. 3718. Authorization of appropriations.

Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier National Park.

Sec. 3720. Waivers and releases of claims.

Sec. 3721. Satisfaction of claims.

Sec. 3722. Miscellaneous provisions.

Sec. 3723. Expiration on failure to meet enforceability date.

Sec. 3724. Antideficiency.

Subtitle H—Water Desalination

Sec. 3801. Reauthorization of Water Desalination Act of 1996.

Subtitle I—Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990

Sec. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990.

Subtitle J—California Water

Sec. 4001. Operations and reviews.

Sec. 4002. Scientifically supported implementation of OMR flow requirements.

Sec. 4003. Temporary operational flexibility for storm events.

Sec. 4004. Consultation on coordinated operations.

Sec. 4005. Protections.

Sec. 4006. New Melones Reservoir.

Sec. 4007. Storage.

Sec. 4008. Losses caused by the construction and operation of storage projects.

Sec. 4009. Other water supply projects.

Sec. 4010. Actions to benefit threatened and endangered species and other wildlife.

Sec. 4011. Offsets and water storage account.

Sec. 4012. Savings language.

Sec. 4013. Duration.

Sec. 4014. Definitions.

Title IV—Other Matters

Sec. 5001. Congressional notification requirements.

Sec. 5002. Reauthorization of Denali Commission.

Sec. 5003. Recreational access for floating cabins at TVA reservoirs.

Sec. 5004. Gold King Mine spill recovery.

Sec. 5005. Great Lakes Restoration Initiative.

Sec. 5006. Rehabilitation of high hazard potential dams.

Sec. 5007. Chesapeake Bay grass survey.

Sec. 5008. Water infrastructure finance and innovation.

Sec. 5009. Report on groundwater contamination.

Sec. 5010. Columbia River Basin restoration.

Sec. 5011. Regulation of aboveground storage at farms.

Sec. 5012. Irrigation districts.

Sec. 5013. Estuary restoration.

Sec. 5014. Environmental banks.

I

Water Resources Development

1001.

Short title

This title may be cited as the Water Resources Development Act of 2016.

1002.

Secretary defined

In this title, the term Secretary means the Secretary of the Army.

A

General Provisions

1101.

Youth service and conservation corps organizations

Section 213 of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following:

(c)

Youth service and conservation corps organizations

The Secretary, to the maximum extent practicable, shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations.

.

1102.

Navigation safety

The Secretary shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety activities at those projects eligible for operation and maintenance under section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)).

1103.

Emerging harbors

Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—

(1)

in subsection (c)(3) by striking for each of fiscal years 2015 through 2022 and inserting for each fiscal year; and

(2)

by striking subsection (d)(1)(A) and inserting the following:

(A)

In general

For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects.

.

1104.

Federal breakwaters and jetties

(a)

In general

The Secretary, at Federal expense, shall establish an inventory and conduct an assessment of the general structural condition of all Federal breakwaters and jetties protecting harbors and inland harbors within the United States.

(b)

Contents

The inventory and assessment carried out under subsection (a) shall include—

(1)

compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within the United States;

(2)

determining the general structural condition of each breakwater and jetty;

(3)

analyzing the potential risks to navigational safety, and the impact on the periodic maintenance dredging needs of protected harbors and inland harbors, resulting from the general structural condition of each breakwater and jetty; and

(4)

estimating the costs, for each breakwater and jetty, to restore or maintain the breakwater or jetty to authorized levels and the total of all such costs.

(c)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the inventory and assessment carried out under subsection (a).

1105.

Remote and subsistence harbors

Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—

(1)

in subsection (a)(3) by inserting in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, after community; and

(2)

in subsection (b)—

(A)

in paragraph (1) by inserting and communities that are located in the region to be served by the project and that will rely on the project after community;

(B)

in paragraph (4) by striking local population and inserting regional population to be served by the project; and

(C)

in paragraph (5) by striking community and inserting local community and communities that are located in the region to be served by the project and that will rely on the project.

1106.

Alternative projects to maintenance dredging

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.

1107.

Great Lakes Navigation System

Section 210(d)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding clause (i) by striking For each of fiscal years 2015 through 2024 and inserting For each fiscal year.

1108.

Funding for harbor maintenance programs

Section 2101 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238b) is amended—

(1)

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;

(2)

by redesignating subsection (c) as subsection (d); and

(3)

by inserting after subsection (b) the following:

(c)

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, the target total budget resources shall be adjusted to be equal to the lesser of—

(1)

103 percent of the total budget resources appropriated for the previous fiscal year; or

(2)

100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.

.

1109.

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.

1110.

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—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

(B)

by inserting after paragraph (1) the following:

(2)

Discretionary cargo

The term discretionary cargo means maritime cargo for which the United States port of unlading is different than the United States port of entry.

;

(C)

in paragraph (3) (as redesignated)—

(i)

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately;

(ii)

in the matter preceding clause (i) (as redesignated) by striking The term and inserting the following:

(A)

In general

The term

; and

(iii)

by adding at the end the following:

(B)

Calculation

For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.

;

(D)

in paragraph (5)(A) (as redesignated), by striking Code of Federal Regulation and inserting Code of Federal Regulations; and

(E)

by adding at the end the following:

(8)

Medium-sized donor port

The term medium-sized donor port means a port—

(A)

that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);

(B)

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;

(C)

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

(D)

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.

;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking donor ports and inserting donor ports, medium-sized donor ports,; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking and at the end; and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

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

(C)

for donor ports and medium-sized donor ports—

(i)

50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and

(ii)

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.

;

(3)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking donor port and inserting donor port, a medium-sized donor port,; and

(B)

in paragraph (1)—

(i)

by striking or shippers transporting cargo;

(ii)

by striking U.S. Customs and Border Protection and inserting the Secretary; and

(iii)

by striking amount of harbor maintenance taxes collected and inserting value of discretionary cargo;

(4)

by striking subsection (d) and inserting the following:

(d)

Administration of payments

(1)

In general

If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is—

(A)

shipped through the port; and

(B)

most at risk of diversion to seaports outside of the United States.

(2)

Requirement

The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers.

;

(5)

in subsection (f)—

(A)

in paragraph (1) by striking 2018 and inserting 2020;

(B)

by striking paragraph (2) and inserting the following:

(2)

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—

(A)

donor ports and medium-sized donor ports; and

(B)

energy transfer ports.

; and

(C)

in paragraph (3)—

(i)

by striking 2015 through 2018 and inserting 2016 through 2020; and

(ii)

by striking 2019 through 2022 and inserting 2021 through 2025; and

(6)

by adding at the end the following:

(g)

Savings clause

Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46, United States Code.

.

1111.

Harbor deepening

Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended—

(1)

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);

(2)

in subparagraph (B) by striking 45 feet and inserting 50 feet; and

(3)

in subparagraph (C) by striking 45 feet and inserting 50 feet.

1112.

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:

(d)

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.

.

1113.

Non-Federal interest dredging authority

(a)

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.

(b)

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, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.

(c)

Agreement

Before initiating maintenance activities under this section, a 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.

(d)

Provision of equipment

In carrying out maintenance activities under this section, a non-Federal interest shall—

(1)

provide equipment at no cost to the Federal Government; and

(2)

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.

(e)

Reimbursement eligibility limitations

Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—

(1)

the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or

(2)

the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.

(f)

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—

(1)

improved reliability and safety for navigation; and

(2)

cost savings to the Federal Government.

(g)

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.

1114.

Transportation cost savings

Section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) is amended—

(1)

by redesignating subparagraph (B) as subparagraph (C); and

(2)

by inserting after subparagraph (A) the following:

(B)

Additional requirement

In the first report submitted under subparagraph (A) following the date of enactment of the Water Resources Development Act of 2016, 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.

.

1115.

Reservoir sediment

(a)

In general

Section 215 of the Water Resources Development Act of 2000 (33 U.S.C. 2326c) is amended to read as follows:

215.

Reservoir sediment

(a)

In general

Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016 and after providing public notice, the Secretary shall establish, using available funds, a pilot program to accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.

(b)

Requirements

In carrying out this section, the Secretary shall—

(1)

review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;

(2)

ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services;

(3)

require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality; and

(4)

limit the number of dams for which services are accepted to 10.

(c)

Limitation

(1)

In general

The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.

(2)

Report to Congress

If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.

(d)

Disposition of removed sediment

In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.

(e)

Congressional notification

Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.

(f)

Report to Congress

Upon completion of services at the 10 dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report documenting the results of the services.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Water Resources Development Act of 2000 is amended by striking the item relating to section 215 and inserting the following:

Sec. 215. Reservoir sediment.

.

1116.

Water supply conservation

(a)

In general

In a State in which a drought emergency has been declared or was in effect during the 1-year period ending on the date of enactment of this Act, the Secretary is authorized—

(1)

to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and

(2)

to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with non-Federal interests to carry out the conservation measures approved by such evaluations.

(b)

Eligibility

Water supply conservation measures evaluated under subsection (a) may include the following:

(1)

Stormwater capture.

(2)

Releases for ground water replenishment or aquifer storage and recovery.

(3)

Releases to augment water supply at another Federal or non-Federal storage facility.

(4)

Other conservation measures that enhance usage of a Corps of Engineers project for water supply.

(c)

Costs

A non-Federal interest shall pay only the separable costs associated with the evaluation, implementation, operation, and maintenance of an approved water supply conservation measure, which payments may be accepted and expended by the Corps of Engineers to cover such costs.

(d)

Statutory construction

Nothing in this section may be construed to modify or alter the obligations of a non-Federal interest under existing or future agreements for—

(1)

water supply storage pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); or

(2)

surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).

(e)

Limitations

Nothing in this section—

(1)

affects, modifies, or changes the authorized purposes of a Corps of Engineers project;

(2)

affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration;

(3)

affects the Corps of Engineers ability to provide for temporary deviations;

(4)

affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);

(5)

supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;

(6)

supersedes or modifies any amendment to an existing multistate water control plan, including those water control plans along the Missouri River and those water control plans in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa basins;

(7)

affects any water right in existence on the date of enactment of this Act; or

(8)

preempts or affects any State water law or interstate compact governing water.

1117.

Drought emergencies

(a)

Authorized activities

With respect to a State in which a drought emergency is in effect on the date of enactment of this Act, or was in effect at any time during the 1-year period ending on such date of enactment, and upon the request of the Governor of the State, the Secretary is authorized to—

(1)

prioritize the updating of the water control manuals for control structures under the jurisdiction of the Secretary that are located in the State; and

(2)

incorporate into the update seasonal operations for water conservation and water supply for such control structures.

(b)

Coordination

The Secretary shall carry out the update under subsection (a) in coordination with all appropriate Federal agencies, elected officials, and members of the public.

(c)

Statutory construction

Nothing in this section affects, modifies, or changes the authorized purposes of a Corps of Engineers project, or affects the applicability of section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).

1118.

Leveraging Federal infrastructure for increased water supply

(a)

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 a Federal water resources development project through—

(1)

modification of the project;

(2)

modification of how the project is managed; or

(3)

accessing water released from the project.

(b)

Proposals included

A proposal under subsection (a) may include—

(1)

increasing the storage capacity of the project;

(2)

diversion of water released or withdrawn from the project—

(A)

to recharge groundwater;

(B)

to aquifer storage and recovery; or

(C)

to any other storage facility;

(3)

construction of facilities for delivery of water from pumping stations constructed by the Secretary;

(4)

construction of facilities to access water; and

(5)

a combination of the activities described in paragraphs (1) through (4).

(c)

Exclusions

This section shall not apply to a proposal that—

(1)

reallocates existing water supply or hydropower storage; or

(2)

reduces water available for any authorized project purpose.

(d)

Other Federal projects

In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.

(e)

Review process

(1)

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 operates the project, in the case of a project operated by an agency other than the Department of the Army.

(2)

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—

(A)

affected States;

(B)

power marketing administrations, in the case of reservoirs with Federal hydropower projects;

(C)

entities responsible for operation and maintenance costs;

(D)

any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;

(E)

entities that the State determines hold rights under State law to the use of water from the project; and

(F)

units of local government with flood risk reduction responsibilities downstream of the project.

(f)

Authorities

A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—

(1)

the specific authorization for the water resources development project;

(2)

section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a);

(3)

section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); and

(4)

section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408).

(g)

Limitations

The Secretary shall not approve a proposal submitted under subsection (a) that—

(1)

is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army;

(2)

interferes with an authorized purpose of the project;

(3)

adversely impacts contractual rights to water or storage at the reservoir;

(4)

adversely impacts legal rights to water under State law, as determined by an affected State;

(5)

increases costs for any entity other than the entity that submitted the proposal; or

(6)

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.

(h)

Cost share

(1)

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.

(2)

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).

(3)

Operation and maintenance costs

(A)

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.

(B)

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).

(C)

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).

(i)

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).

(j)

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.

(k)

Exclusion

This section shall not apply to reservoirs in—

(1)

the Upper Missouri River;

(2)

the Apalachicola-Chattahoochee-Flint river system;

(3)

the Alabama-Coosa-Tallapoosa river system; and

(4)

the Stones River.

(l)

Effect of section

Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.

1119.

Indian tribes

Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—

(1)

in the section heading by inserting and Indian tribes after territories; and

(2)

in subsection (a)—

(A)

by striking projects in American and inserting

projects—

(1)

in American

;

(B)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(2)

for any Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).

.

1120.

Tribal consultation reports

(a)

Review

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 the following:

(1)

Not later than 30 days after the date of enactment of this Act, all reports of the Corps of Engineers developed pursuant to its Tribal Consultation Policy, dated November 2012, and submitted to the Office of Management and Budget before the date of enactment of this Act.

(2)

Not later than 30 days after the date of the submission to the Committees under paragraph (1), all reports of the Corps of Engineers developed pursuant to its Tribal Consultation Policy, dated November 2012, or successor policy, and submitted to the Office of Management and Budget after the date of enactment of this Act.

(3)

Not later than 1 year after the date of enactment of this Act, a report that describes the results of a review by the Secretary of existing policies, regulations, and guidance related to consultation with Indian tribes on water resources development projects or other activities that require the approval of, or the issuance of a permit by, the Secretary and that may have an impact on tribal cultural or natural resources.

(b)

Consultation

In completing the review under subsection (a)(3), the Secretary shall provide for public and private meetings with Indian tribes and other stakeholders.

(c)

No delays

During the review required under subsection (a)(3), the Secretary shall ensure that—

(1)

all existing tribal consultation policies, regulations, and guidance continue to be implemented; and

(2)

the review does not affect an approval or issuance of a permit required by the Secretary.

1121.

Tribal partnership program

Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—

(1)

in subsection (b)—

(A)

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,;

(B)

in paragraph (2) by striking (2) Matters to be studied.—A study and inserting the following:

(2)

Authorized activities

An activity

; and

(C)

by adding at the end the following:

(3)

Feasibility study and reports

(A)

In general

On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1).

(B)

Recommendation

A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project.

(4)

Design and construction

(A)

In general

The Secretary may carry out the design and construction of a water resources development project 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.

(B)

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.

;

(2)

in subsection (c)—

(A)

in paragraph (1) by striking studies and inserting an activity; and

(B)

in paragraph (2)(B) by striking carrying out projects studied and inserting an activity conducted; and

(3)

in subsection (d)—

(A)

in paragraph (1)(A) by striking a study and inserting an activity conducted; and

(B)

by striking paragraph (2) and inserting the following:

(2)

Credit

The Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest.

(3)

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.

(4)

Water resources development projects

(A)

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.

(B)

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.

(5)

Water-related planning activities

(A)

In general

The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent.

(B)

Other costs

The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 50 percent.

.

1122.

Beneficial use of dredged material

(a)

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program to carry out projects for the beneficial use of dredged material, including projects for the purposes of—

(1)

reducing storm damage to property and infrastructure;

(2)

promoting public safety;

(3)

protecting, restoring, and creating aquatic ecosystem habitats;

(4)

stabilizing stream systems and enhancing shorelines;

(5)

promoting recreation;

(6)

supporting risk management adaptation strategies; and

(7)

reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—

(A)

construction or fill material;

(B)

civic improvement objectives; and

(C)

other innovative uses and placement alternatives that produce public economic or environmental benefits.

(b)

Project selection

In carrying out the pilot program, the Secretary shall—

(1)

identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material;

(2)

consult with relevant State agencies in selecting projects; and

(3)

select projects solely on the basis of—

(A)

the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and

(B)

the need for a diversity of project types and geographical project locations.

(c)

Regional beneficial use teams

(1)

In general

In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program.

(2)

Composition

(A)

Leadership

For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.

(B)

Membership

The membership of each regional beneficial use team shall include—

(i)

representatives of relevant Corps of Engineers districts and divisions;

(ii)

representatives of relevant State and local agencies; and

(iii)

representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.

(d)

Considerations

The Secretary shall carry out the pilot program in a manner that—

(1)

maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;

(2)

incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;

(3)

coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;

(4)

fosters Federal, State, and local collaboration;

(5)

implements best practices to maximize the beneficial use of dredged sand and other sediments; and

(6)

ensures that the use of dredged material is consistent with all applicable environmental laws.

(e)

Cost sharing

(1)

In general

Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).

(2)

Additional costs

Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities.

(f)

Report

Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1)

a description of the projects selected to be carried out under the pilot program;

(2)

documentation supporting each of the projects selected;

(3)

the findings of regional beneficial use teams regarding project selection; and

(4)

any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.

(g)

Termination

The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1).

(h)

Exemption from other standards

The projects carried out under this section shall be carried out notwithstanding the definition of the term Federal standard in section 335.7 of title 33, Code of Federal Regulations.

(i)

Regional Sediment Management

Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—

(1)

in subsection (a)(1)—

(A)

by striking For sediment and inserting the following:

(A)

Sediment from Federal water resources projects

For sediment

; and

(B)

by adding at the end the following:

(B)

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

(2)

in subsection (d) by adding at the end the following:

(3)

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.

(4)

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)).

.

(j)

Clarification

Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking 3 and inserting 6.

1123.

Great Lakes fishery and ecosystem restoration

Section 506(g) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(g)) is repealed.

1124.

Corps of Engineers operation of unmanned aircraft systems

(a)

In general

The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—

(1)

operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) systems in support of civil works and emergency response missions of the Corps of Engineers; and

(2)

acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.

(b)

Requirements

A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system.

(c)

Limitation

A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a).

1125.

Funding to process permits

Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended—

(1)

in paragraph (1) by adding at the end the following:

(C)

Railroad carrier

The term railroad carrier has the meaning given the term in section 20102 of title 49, United States Code.

;

(2)

in paragraph (2)—

(A)

by striking or natural gas company and inserting , natural gas company, or railroad carrier; and

(B)

by striking or company and inserting , company, or carrier;

(3)

in paragraph (3)—

(A)

by striking or natural gas company and inserting , natural gas company, or railroad carrier; and

(B)

by striking 7 years and inserting 10 years; and

(4)

in paragraph (5) by striking and natural gas companies and inserting , natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws.

1126.

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:

(e)

Technical assistance

At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.

.

1127.

Non-Federal construction of authorized flood damage reduction projects

Section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(d)) is amended by adding at the end the following:

(5)

Discrete segments

(A)

In general

The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if—

(i)

except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and

(ii)

notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable.

(B)

Determination

Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—

(i)

the construction of the discrete segment for which credit or reimbursement is requested is complete; and

(ii)

the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).

(C)

Written agreement

(i)

In general

As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—

(I)

identify any discrete segment that the non-Federal interest may carry out; and

(II)

agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.

(ii)

Remittance

If a non-Federal interest fails to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element.

(D)

Discrete segment defined

In this paragraph, the term discrete segment means a physical portion of a flood damage reduction project, or separable element thereof—

(i)

described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and

(ii)

that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof.

.

1128.

Multistate activities

Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—

(1)

in subsection (a)(1)—

(A)

by striking or other non-Federal interest and inserting , group of States, or non-Federal interest;

(B)

by inserting or group of States after working with a State; and

(C)

by inserting or group of States after boundaries of such State; and

(2)

in subsection (c)(1) by adding at the end the following: The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1)..

1129.

Planning assistance to States

Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended by adding at the end the following:

(f)

Special rule

The cost-share for assistance under this section provided to Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands shall be as provided under section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310).

.

1130.

Regional participation assurance for levee safety activities

(a)

National levee safety program

Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended—

(1)

in paragraph (11) by striking State or Indian tribe and inserting State, regional district, or Indian tribe;

(2)

by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and

(3)

by inserting after paragraph (11) the following:

(12)

Regional district

The term regional district means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.

.

(b)

Inventory and inspection of levees

Section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1) by striking one year after the date of enactment of this Act and inserting 1 year after the date of enactment of the Water Resources Development Act of 2016;

(B)

in paragraph (2)(A) by striking States, Indian tribes, Federal agencies, and other entities and inserting States, regional districts, Indian tribes, Federal agencies, and other entities; and

(C)

in paragraph (3)—

(i)

in the heading for subparagraph (A) by striking federal, State, and local and inserting federal, State, regional, tribal, and local; and

(ii)

in subparagraph (A) by striking Federal, State, and local and inserting Federal, State, regional, tribal, and local; and

(2)

in subsection (c)—

(A)

in paragraph (4)—

(i)

in the paragraph heading by striking State and tribal and inserting State, regional, and tribal; and

(ii)

by striking State or Indian tribe each place it appears and inserting State, regional district, or Indian tribe; and

(B)

in paragraph (5)—

(i)

by striking State or Indian tribe and inserting State, regional district, or Indian tribe; and

(ii)

by striking chief executive of the tribal government and inserting chief executive of the regional district or tribal government.

(c)

Levee safety initiative

Section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a) is amended—

(1)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A)—

(I)

by striking 1 year after the date of enactment of this subsection and inserting 1 year after the date of enactment of the Water Resources Development Act of 2016; and

(II)

by striking State, local, and tribal governments and organizations and inserting State, regional, local, and tribal governments and organizations; and

(ii)

in subparagraph (A) by striking Federal, State, tribal, and local agencies and inserting Federal, State, regional, local, and tribal agencies;

(B)

in paragraph (3)—

(i)

in subparagraph (A) by striking State, local, and tribal governments, and inserting State, regional, local, and tribal governments; and

(ii)

in subparagraph (B) by inserting , regional, or tribal after State each place it appears; and

(C)

in paragraph (5)(A) by striking States, non-Federal interests, and other appropriate stakeholders and inserting States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders;

(2)

in subsection (e)(1) in the matter preceding subparagraph (A) by striking States, communities, and levee owners and inserting States, regional districts, Indian tribes, communities, and levee owners;

(3)

in subsection (g)—

(A)

in the subsection heading by striking State and Tribal and inserting State, Regional, and Tribal;

(B)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking 1 year after the date of enactment of this subsection and inserting 1 year after the date of enactment of the Water Resources Development Act of 2016; and

(II)

by striking State or tribal and inserting State, regional, or tribal; and

(ii)

in subparagraph (B)—

(I)

by striking State and Indian tribe and inserting State, regional district, and Indian tribe; and

(II)

by striking State or Indian tribe and inserting State, regional district, or Indian tribe; and

(C)

in paragraph (2)—

(i)

in the paragraph heading by striking states and inserting states, Regional Districts, and Indian Tribes;

(ii)

in subparagraph (A) by striking States and Indian tribes and inserting States, regional districts, and Indian tribes;

(iii)

in subparagraph (B)—

(I)

in the matter preceding clause (i) by striking State or Indian tribe and inserting State, regional district, or Indian tribe;

(II)

in clause (ii) by striking levees within the State and inserting levees within the State or regional district; and

(III)

in clause (iii) by striking State or Indian tribe and inserting State, regional district, or Indian tribe;

(iv)

in subparagraph (C)(ii) in the matter preceding subclause (I) by striking State or tribal and inserting State, regional, or tribal; and

(v)

in subparagraph (E)—

(I)

by striking States and Indian tribes each place it appears and inserting States, regional districts, and Indian tribes;

(II)

in clause (ii)(II)—

(aa)

in the matter preceding item (aa) by striking State or Indian tribe and inserting State, regional district, or Indian tribe;

(bb)

in item (aa) by striking miles of levees in the State and inserting miles of levees in the State or regional district; and

(cc)

in item (bb) by striking miles of levees in all States and inserting miles of levees in all States and regional districts; and

(III)

in clause (iii)—

(aa)

by striking State or Indian tribe and inserting State, regional district, or Indian tribe; and

(bb)

by striking State or tribal and inserting State, regional, or tribal; and

(4)

in subsection (h)—

(A)

in paragraph (1) by striking States, Indian tribes, and local governments and inserting States, regional districts, Indian tribes, and local governments;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A) by striking State, Indian tribe, or local government and inserting State, regional district, Indian tribe, or local government; and

(ii)

in subparagraph (E) in the matter preceding clause (i) by striking State or tribal and inserting State, regional, or tribal;

(C)

in paragraph (3)—

(i)

in subparagraph (A) by striking State, Indian tribe, or local government and inserting State, regional district, Indian tribe, or local government; and

(ii)

in subparagraph (D) by striking 180 days after the date of enactment of this subsection and inserting 180 days after the date of enactment of the Water Resources Development Act of 2016; and

(D)

in paragraph (4)(A)(i) by striking State or tribal and inserting State, regional, or tribal.

(d)

Reports

Section 9006 of the Water Resources Development Act of 2007 (33 U.S.C. 3303b) is amended—

(1)

in subsection (a)(1)—

(A)

in the matter preceding subparagraph (A) by striking 1 year after the date of enactment of this subsection and inserting 1 year after the date of enactment of the Water Resources Development Act of 2016; and

(B)

in subparagraph (B) by striking State and tribal and inserting State, regional, and tribal;

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking 2 years after the date of enactment of this subsection and inserting 2 years after the date of enactment of the Water Resources Development Act of 2016; and

(ii)

by striking State, tribal, and local and inserting State, regional, tribal, and local;

(B)

in paragraph (2) by striking State and tribal and inserting State, regional, and tribal; and

(C)

in paragraph (4) by striking State and local and inserting State, regional, tribal, and local; and

(3)

in subsection (d)—

(A)

in the matter preceding paragraph (1) by striking 1 year after the date of enactment of this subsection and inserting 1 year after the date of enactment of the Water Resources Development Act of 2016; and

(B)

in paragraph (2) by striking State or tribal and inserting State, regional, or tribal.

1131.

Participation of 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 and, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, Regional Corporation, and Village Corporation after Indian tribe.

1132.

Post-authorization change reports

(a)

In general

The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—

(1)

may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and

(2)

shall be submitted, upon completion, to—

(A)

the Committee on Environment and Public Works of the Senate; and

(B)

the Committee on Transportation and Infrastructure of the House of Representatives.

(b)

Completion review

With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—

(1)

review the report; and

(2)

provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.

(c)

Prior reports

Not later than 120 days after the date of enactment of this Act, with respect to any post-authorization change report that was completed prior to the date of enactment of this Act and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.

(d)

Post-Authorization change report inclusions

In this section, the term post-authorization change report includes—

(1)

a general reevaluation report;

(2)

a limited reevaluation report; and

(3)

any other report that recommends the modification of an authorized water resources development project.

1133.

Maintenance dredging data

(a)

In general

The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.

(b)

Scope

The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—

(1)

the volume of dredged material removed;

(2)

the initial cost estimate of the Corps of Engineers;

(3)

the total cost;

(4)

the party and vessel carrying out the work; and

(5)

the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.

1134.

Electronic submission and tracking of permit applications

(a)

In general

Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended to read as follows:

2040.

Electronic submission and tracking of permit applications

(a)

Development of electronic system

(1)

In general

The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.

(2)

Inclusion

The electronic system required under paragraph (1) shall address—

(A)

applications for standard individual permits;

(B)

applications for letters of permission;

(C)

joint applications with States for State and Federal permits;

(D)

applications for emergency permits;

(E)

applications or requests for jurisdictional determinations; and

(F)

preconstruction notification submissions, when required for a nationwide or other general permit.

(3)

Improving existing data systems

The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.

(4)

Protection of information

The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.

(b)

System requirements

The electronic system required under subsection (a) shall—

(1)

enable an applicant or requester to prepare electronically an application for a permit or request;

(2)

enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;

(3)

enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;

(4)

provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and

(5)

enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—

(A)

allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;

(B)

allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and

(C)

allow identification and display of the location of the activities subject to a permit or request through a map-based interface.

(c)

Documentation

All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.

(d)

Record of determinations

(1)

In general

The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination.

(2)

Archiving of information

The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).

(e)

Availability of determinations

(1)

In general

The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction.

(2)

Protection of information

The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.

(f)

Deadline for electronic system implementation

(1)

In general

The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after the date of enactment of the Water Resources Development Act of 2016.

(2)

Report on electronic system implementation

Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section.

(g)

Applicability

The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after the date of enactment of the Water Resources Development Act of 2016.

(h)

Limitation

This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2040 and inserting the following:

Sec. 2040. Electronic submission and tracking of permit applications.

.

1135.

Data transparency

Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) is amended to read as follows:

2017.

Access to water resource data

(a)

In general

Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—

(1)

the planning, design, construction, operation, and maintenance of water resources development projects; and

(2)

water quality and water management of projects owned, operated, or managed by the Corps of Engineers.

(b)

Limitation

Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.

(c)

Timing

The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers.

(d)

Partnerships

In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.

.

1136.

Quality control

(a)

In general

Paragraph (a) of the first section of the Act of December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701–1(a)), is amended by inserting and shall be made publicly available before the period at the end of the last sentence.

(b)

Project administration

Section 2041(b)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by inserting final post-authorization change report, after final reevaluation report,.

1137.

Report on purchase of foreign manufactured articles

Section 213(a) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4831) is amended by adding at the end the following:

(4)

Report on purchase of foreign manufactured articles

(A)

In general

In the first annual report submitted to Congress after the date of enactment of this paragraph in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall include a report on the amount of acquisitions in the prior fiscal year made by the Corps of Engineers for civil works projects from entities that manufactured the articles, materials, or supplies outside of the United States.

(B)

Contents

The report required under subparagraph (A) shall indicate, for each category of acquisition—

(i)

the dollar value of articles, materials, and supplies purchased that were manufactured outside of the United States; and

(ii)

a summary of the total procurement funds spent on goods manufactured in the United States and the total procurement funds spent on goods manufactured outside of the United States.

(C)

Public availability

Not later than 30 days after the submission of the report required under subparagraph (A), the Secretary shall make such report publicly available, including on the Internet.

.

1138.

International outreach program

Section 401(a) of the Water Resources Development Act of 1992 (33 U.S.C. 2329(a)) is amended to read as follows:

(a)

Authorization

(1)

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.

(2)

Inclusions

Activities under paragraph (1) may include—

(A)

development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;

(B)

research, development, training, and other forms of technology transfer and exchange; and

(C)

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.

.

1139.

Dam safety repair projects

The Secretary shall issue guidance—

(1)

on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art design or construction criteria deemed necessary for safety purposes applies to a dam safety repair project;

(2)

to assist district offices of the Corps of Engineers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and

(3)

to assist the Corps of Engineers in communicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safety repair projects.

1140.

Federal cost limitation for certain projects

Section 506(c) of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22(c)) is amended by adding at the end the following:

(5)

Recreation features

A project carried out pursuant to this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features may not exceed 10 percent of the Federal ecosystem restoration costs of the project.

.

1141.

Lake Kemp, Texas

Section 3149(a) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1147) is amended—

(1)

by striking 2020 and inserting 2025; and

(2)

by striking this Act and inserting the Water Resources Development Act of 2016.

1142.

Corrosion prevention

Section 1033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350) is amended by adding at the end the following:

(d)

Report

In the first annual report submitted to Congress after the date of enactment of this subsection in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall report on the corrosion prevention activities encouraged under this section, including—

(1)

a description of the actions the Secretary has taken to implement this section; and

(2)

a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.

.

1143.

Sediment sources

(a)

In general

The Secretary is authorized to undertake a study of the economic and noneconomic costs, benefits, and impacts of acquiring by purchase, exchange, or otherwise sediment from domestic and nondomestic sources for shoreline protection.

(b)

Report

Upon completion of the study, the Secretary shall report to Congress on the availability, benefits, and impacts, of using domestic and nondomestic sources of sediment for shoreline protection.

1144.

Prioritization of certain projects

The Secretary shall give priority to a project for flood risk management if—

(1)

there is an executed project partnership agreement for the project; and

(2)

the project is located in an area—

(A)

with respect to which—

(i)

there has been a loss of life due to flood events; and

(ii)

the President has declared that a major disaster or emergency exists under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or

(B)

that is at significant risk for catastrophic flooding.

1145.

Gulf Coast oyster bed recovery assessment

(a)

Gulf States defined

In this section, the term Gulf States means each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.

(b)

Gulf Coast oyster bed recovery assessment

The Secretary, in coordination with the Gulf States, shall conduct an assessment relating to the recovery of oyster beds on the coasts of the Gulf States that were damaged by events, including—

(1)

Hurricane Katrina in 2005;

(2)

the Deepwater Horizon oil spill in 2010; and

(3)

floods in 2011 and 2016.

(c)

Inclusion

The assessment conducted under subsection (b) shall address the beneficial use of dredged material in providing substrate for oyster bed development.

(d)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under subsection (b).

1146.

Initiating work on separable elements

With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project—

(1)

no new start or new investment decision shall be required; and

(2)

the work shall be treated as ongoing work.

1147.

Lower Bois d’Arc Creek Reservoir Project, Fannin County, Texas

(a)

Finalization required

The Secretary shall ensure that environmental decisions and reviews related to the construction of, impoundment of water in, and operation of the Lower Bois d’Arc Creek Reservoir Project, including any associated water transmission facilities, by the North Texas Municipal Water District in Fannin County, Texas, are made on an expeditious basis using the fastest applicable process.

(b)

Interim report

Not later than June 30, 2017, the Secretary shall report to Congress on the implementation of subsection (a).

1148.

Recreational access at Corps of Engineers reservoirs

Section 1035 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended—

(1)

by striking subsection (b) and inserting the following:

(b)

Recreational access

The Secretary shall allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if—

(1)

the floating cabin—

(A)

is in compliance with, and maintained by the owner to satisfy the requirements of, regulations for recreational vessels, including health and safety standards, issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322); and

(B)

is located at a marina leased by the Corps of Engineers; and

(2)

the Secretary has authorized the use of recreational vessels on such waters.

; and

(2)

by adding at the end the following:

(c)

Limitation on statutory construction

(1)

In general

Nothing in this section may be construed to authorize the Secretary to impose requirements on a floating cabin or on any facility that serves a floating cabin, including marinas or docks located on waters under the jurisdiction of the Secretary in the Cumberland River basin, that are different or more stringent than the requirements imposed on all recreational vessels authorized to use such waters.

(2)

Definitions

In this subsection, the following definitions apply:

(A)

Vessel

The term vessel has the meaning given that term in section 3 of title 1, United States Code.

(B)

Requirement

The term requirement includes a requirement imposed through the utilization of guidance.

.

1149.

No wake zones in navigation channels

(a)

In general

At the request of a State or local official, the Secretary, in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (b), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by recreational vessels identified by such official, while maintaining the navigability of the channel.

(b)

Considerations

In identifying measures under subsection (a) with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether—

(1)

State or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from recreational vessels present in the channel;

(2)

the Secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and

(3)

the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels.

(c)

Covered navigation channel defined

In this section, the term covered navigation channel means a navigation channel that—

(1)

is federally marked or maintained;

(2)

is part of the Atlantic Intracoastal Waterway; and

(3)

is adjacent to a marina.

(d)

Savings clause

Nothing in this section shall be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable laws or regulations governing the safe navigation of a vessel.

1150.

Ice jam prevention and mitigation

(a)

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.

(b)

Inclusion

The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with—

(1)

the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;

(2)

universities;

(3)

Federal, State, and local agencies; and

(4)

private organizations.

(c)

Pilot program

(1)

In general

During fiscal years 2017 through 2022, the Secretary shall identify and carry out not fewer than 10 projects under this section to demonstrate technologies and designs developed in accordance with this section.

(2)

Project selection

The Secretary shall ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast.

1151.

Structural health monitoring

(a)

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—

(1)

response to flood and earthquake events;

(2)

predisaster mitigation measures;

(3)

lengthening the useful life of the infrastructure; and

(4)

identifying risks due to sea level rise.

(b)

Consultation and considerations

In developing the program under subsection (a), the Secretary shall—

(1)

consult with academic and other experts; and

(2)

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.

1152.

Kennewick Man

(a)

Definitions

In this section, the following definitions apply:

(1)

Claimant tribes

The term claimant tribes means the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum Band of Priest Rapids.

(2)

Department

The term Department means the Washington State Department of Archaeology and Historic Preservation.

(3)

Human remains

The term human remains means the human remains that—

(A)

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

(B)

are part of archaeological collection number 45BN495.

(b)

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 human remains and repatriates the human remains to the claimant tribes.

(c)

Terms and conditions

The transfer shall be subject to the following terms and conditions:

(1)

The release of the human remains to the claimant tribes is contingent upon the claimant tribes following the Department’s requirements in the Revised Code of Washington.

(2)

The claimant tribes verify to the Department their agreement on the final burial place of the human remains.

(3)

The claimant tribes verify to the Department their agreement that the human remains will be buried in the State of Washington.

(4)

The claimant tribes verify to the Department their agreement that the Department will take legal custody of the human remains upon the transfer by the Secretary.

(d)

Cost

The Corps of Engineers shall be responsible for any costs associated with the transfer.

(e)

Limitations

(1)

In general

The transfer shall be limited solely to the human remains portion of the archaeological collection.

(2)

Secretary

The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection (b) after the date of the transfer.

1153.

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—

(1)

by striking subsection (a) and inserting the following:

(a)

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—

(1)

there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and

(2)

acceptance of the materials and services or funds is in the public interest.

;

(2)

by redesignating subsection (c) as subsection (d);

(3)

by inserting after subsection (b) the following:

(c)

Additional requirements

(1)

Applicable laws and regulations

The Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary.

(2)

Supplementary services

The Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations.

; and

(4)

in subsection (d) (as redesignated by paragraph (2)) in the matter preceding paragraph (1)—

(A)

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

(B)

by striking a report and inserting an annual report.

1154.

Munitions disposal

Section 1027 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 426e–2) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by inserting , at full Federal expense, after The Secretary may; and

(2)

in subsection (b) by striking funded and inserting reimbursed.

1155.

Management of recreation facilities

Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following:

(c)

User fees

(1)

Collection of fees

(A)

In general

The Secretary may allow a non-Federal public 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.

(B)

Use of visitor reservation services

A non-Federal public 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.

(2)

Use of fees

A non-Federal public entity that collects user fees under paragraph (1)—

(A)

may retain up to 100 percent of the fees collected, as determined by the Secretary; and

(B)

notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any retained amount for operation, maintenance, and management activities at the recreation site at which the fee is collected.

(3)

Terms and conditions

The authority of a non-Federal public 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.

.

1156.

Structures and facilities constructed by Secretary

(a)

In general

Section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), is amended—

(1)

by striking That it shall not be lawful and inserting the following:

(a)

Prohibitions and permissions

It shall not be lawful

; and

(2)

by adding at the end the following:

(b)

Concurrent review

(1)

NEPA review

(A)

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 of the activity under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act.

(B)

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 Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—

(i)

participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and

(ii)

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—

(I)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(II)

parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).

(2)

Reviews by Secretary

In any case in which the Secretary must 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—

(A)

coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and

(B)

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 such document, as determined by the Secretary, is current and applicable.

(3)

Contributed funds

The Secretary 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.

(c)

Timely review

(1)

Complete application

On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete.

(2)

Decision

On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall—

(A)

make a decision on the application; or

(B)

provide a schedule to the applicant identifying when the Secretary will make a decision on the application.

(3)

Notification to Congress

In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review.

.

(b)

Guidance

Section 1007 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the end the following:

(f)

Guidance

(1)

In general

Not later than 120 days after the date of enactment of this subsection, the Secretary shall issue guidance on the implementation of this section.

(2)

Incorporation

In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), the Secretary shall incorporate the requirements under this section.

(g)

Prioritization

The Secretary shall prioritize and complete the activities required of the Secretary under this section.

.

1157.

Project completion

(a)

Completion of projects and programs

(1)

In general

For any project or program of assistance authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835), the Secretary is authorized to carry out the project to completion if—

(A)

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;

(B)

as of the date of enactment of this Act, significant progress has been demonstrated toward completion of the project or segments of the project but the project is not complete; and

(C)

the benefits of the Federal investment will not be realized without completion of the project.

(2)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for fiscal years 2017 through 2021.

(b)

Modification of projects or programs of assistance

Section 7001(f) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(f)) is amended by adding at the end the following:

(5)

Water resources development project

The term water resources development project includes a project under an environmental infrastructure assistance program if authorized before the date of enactment of the Water Resources Development Act of 2016.

.

1158.

New England District headquarters

(a)

In general

Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not otherwise obligated, the Secretary may—

(1)

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 Corps of Engineers; and

(2)

carry out such construction and infrastructure improvements as are required to support the headquarters of the New England District of the Corps of Engineers, including any necessary demolition of the existing infrastructure.

(b)

Requirement

In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.

1159.

Buffalo District headquarters

(a)

In general

Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not otherwise obligated, the Secretary may—

(1)

design and construct a new building in Buffalo, New York, for the headquarters of the Buffalo District of the Corps of Engineers; and

(2)

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 Corps of Engineers, including any necessary demolition or renovation of the existing infrastructure.

(b)

Requirement

In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section.

1160.

Future facility investment

The first section of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), is amended—

(1)

by striking For establishment of a revolving fund and inserting the following:

(a)

Revolving fund

For establishment of a revolving fund

; and

(2)

by adding at the end the following:

(b)

Prohibition

(1)

In general

No funds may be expended or obligated from the revolving fund described in subsection (a) to newly construct, or perform a major renovation on, a building for use by the Corps of Engineers unless specifically authorized by law.

(2)

Statutory construction

Nothing in this subsection may be construed to—

(A)

change any authority provided under subchapter I of chapter 169 of title 10; or

(B)

change the use of funds under subsection (a) for purposes other than those described in paragraph (1).

(c)

Transmission to Congress of prospectus

To secure consideration for an authorization under subsection (b), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on Environment and Public Works of the Senate a prospectus of the proposed construction or major renovation of a building that includes—

(1)

a brief description of the building;

(2)

the location of the building;

(3)

an estimate of the maximum cost to be provided by the revolving fund for the building to be constructed or renovated;

(4)

the total size of the building after the proposed construction or major renovation;

(5)

the number of personnel proposed to be housed in the building after the construction or major renovation;

(6)

a statement that other suitable space owned by the Federal Government is not available;

(7)

a statement of rents and other housing costs currently being paid for the tenants proposed to be housed in the building; and

(8)

the size of the building currently housing the tenants proposed to be housed in the building.

(d)

Provision of building project surveys

(1)

In general

If requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives, the Secretary shall create a building project survey for the construction or major renovation of a building described in subsection (b).

(2)

Report

Within a reasonable time after creating a building project survey under paragraph (1), the Secretary shall submit to Congress a report on the survey that includes the information required to be included in a prospectus under subsection (c).

(e)

Major renovation defined

In this section, the term major renovation means a renovation or alteration of a building for use by the Corps of Engineers with a total expenditure of more than $20,000,000.

.

1161.

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:

(d)

Inclusions

A monitoring plan under subsection (b) shall include a description of—

(1)

the types and number of restoration activities to be conducted;

(2)

the physical action to be undertaken to achieve the restoration objectives of the project;

(3)

the functions and values that will result from the restoration plan; and

(4)

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.

(e)

Conclusion of operation and maintenance responsibility

The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).

(f)

Federal obligations

The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (e).

.

1162.

Fish and wildlife mitigation

Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—

(1)

in subsection (h)—

(A)

in paragraph (4)—

(i)

by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and

(ii)

by inserting after subparagraph (C) the following:

(D)

include measures to protect or restore habitat connectivity;

;

(B)

in paragraph (6)(C) by striking impacts and inserting impacts, including impacts to habitat connectivity; and

(C)

by striking paragraph (11) and inserting the following:

(11)

Effect

Nothing in this subsection—

(A)

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

(B)

affects the mitigation responsibilities of the Secretary under any other provision of law.

; and

(2)

by adding at the end the following:

(j)

Use of funds

(1)

In general

The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after 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.

(2)

Notification

Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate.

(k)

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.

.

1163.

Wetlands mitigation

Section 2036(c) of the Water Resources Development Act of 2007 (33 U.S.C. 2317b) is amended to read as follows:

(c)

Mitigation banks and in-Lieu fee arrangements

(1)

In general

Not later than 180 days after the date of enactment of the Water Resources Development Act of 2016, 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 approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.

(2)

Requirements

All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—

(A)

the applicable mitigation bank—

(i)

has an approved mitigation banking instrument; and

(ii)

has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and

(B)

the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.

(3)

Effect

Nothing in this subsection—

(A)

modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or

(B)

shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.

.

1164.

Debris removal

Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 19; 33 U.S.C. 603a), is amended—

(1)

by striking $1,000,000 and inserting $5,000,000;

(2)

by striking accumulated snags and other debris and inserting accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel; and

(3)

by striking or flood control and inserting , flood control, or recreation.

1165.

Disposition studies

(a)

In general

In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary shall consider the extent to which the property concerned has economic, cultural, historic, or recreational significance or impacts at the national, State, or local level.

(b)

Completion of assessment and inventory

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).

1166.

Transfer of excess credit

Section 1020(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223(a)) is amended—

(1)

by striking the subsection designation and heading and all that follows through Subject to subsection (b) and inserting the following:

(a)

Application of credit

(1)

In general

Subject to subsection (b)

; and

(2)

by adding at the end the following:

(2)

Application prior to completion of project

On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.

.

1167.

Hurricane and storm damage reduction

Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking $5,000,000 and inserting $10,000,000.

1168.

Fish hatcheries

(a)

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.

(b)

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.

1169.

Shore damage prevention or mitigation

Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is amended—

(1)

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

(2)

by adding at the end the following:

(e)

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).

.

1170.

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).

1171.

Credit in lieu of reimbursement

Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended—

(1)

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

(2)

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.

1172.

Easements for electric, telephone, or broadband service facilities

(a)

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).

(b)

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.).

(c)

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.

1173.

Study on performance of innovative materials

(a)

Innovative material defined

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, including any coatings or other corrosion prevention methods used in conjunction with such materials, and any other material, as determined by the Secretary.

(b)

Study

(1)

In general

The Secretary shall offer to enter into a contract with the Transportation Research Board of the National Academy of Sciences—

(A)

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

(B)

after the opportunity for public comment provided in accordance with subsection (c), to carry out the study proposed under subparagraph (A).

(2)

Contents

The study under paragraph (1) shall identify—

(A)

the conditions that result in degradation of water resources infrastructure;

(B)

the capabilities of innovative materials in reducing degradation;

(C)

any statutory, fiscal, regulatory, or other barriers to the expanded successful use of innovative materials;

(D)

recommendations on including performance-based requirements for the incorporation of innovative materials into the Unified Facilities Guide Specifications;

(E)

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;

(F)

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

(G)

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.

(c)

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.

(d)

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.

(e)

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 under subsection (b)(1).

1174.

Conversion of surplus water agreements

For the purposes of section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), 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 as of the date of enactment of this section, the Secretary 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.

1175.

Projects funded by the Inland Waterways Trust Fund

Beginning on June 10, 2014, and ending on the date of the completion of the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), 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.

1176.

Rehabilitation assistance

Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n), is amended—

(1)

in subsection (a) by adding at the end the following:

(3)

Nonstructural alternatives defined

In this subsection, the term 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

(2)

by adding at the end the following:

(d)

Increased level of protection

In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Chief of Engineers may increase the level of protection above the level to which the system was designed, or, if the repair or restoration includes repair or restoration of a pumping station, increase the capacity of a pump, if—

(1)

the Chief of Engineers determines the improvements are in the public interest, including consideration of whether—

(A)

the authority under this section has been used more than once at the same location;

(B)

there is an opportunity to decrease significantly the risk of loss of life and property damage; or

(C)

there is an opportunity to decrease total life cycle rehabilitation costs for the project; and

(2)

the non-Federal sponsor agrees to pay the difference between the cost of repair or restoration 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.

(e)

Notice

The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a).

.

1177.

Rehabilitation of Corps of Engineers constructed dams

(a)

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).

(b)

Eligible dams

A dam eligible for assistance under this section is a dam—

(1)

that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;

(2)

for which construction was completed before 1940;

(3)

that is classified as high hazard potential by the State dam safety agency of the State in which the dam is located; and

(4)

that is operated by a non-Federal entity.

(c)

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.

(d)

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—

(1)

to pay the non-Federal share of the costs of construction under subsection (c); and

(2)

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.

(e)

Cost limitation

The Secretary shall not expend more than $10,000,000 for a project at any single dam under this section.

(f)

Funding

There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2017 through 2026.

1178.

Columbia River

(a)

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.

(b)

Watercraft inspection stations

Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—

(1)

in subsection (d)—

(A)

by striking paragraph (1) and inserting the following:

(1)

In general

In carrying out this section, the Secretary may establish, operate, and maintain new or existing watercraft inspection stations to protect the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary in consultation with such States, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.

; and

(B)

in paragraph (3)(A) by inserting Governors of the before States; and

(2)

in subsection (e) by striking paragraph (3) and inserting the following:

(3)

assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and

.

(c)

Tribal assistance

(1)

Assistance authorized

(A)

In general

Upon 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) to Indian tribes displaced as a result of the construction of the Bonneville Dam, Oregon.

(B)

Clarification

(i)

In general

The Secretary is authorized to provide the assistance described in subparagraph (A) based on information known or studies undertaken by the Secretary prior to the date of enactment of this subsection.

(ii)

Additional studies

To the extent that the Secretary determines necessary, the Secretary is authorized to undertake additional studies to further examine any impacts to Indian tribes identified in subparagraph (A) beyond any information or studies identified under clause (i), except that the Secretary is authorized to provide the assistance described in subparagraph (A) based solely on information known or studies undertaken by the Secretary prior to the date of enactment of this subsection.

(2)

Study of impacts of John Day Dam, Oregon

The Secretary shall—

(A)

conduct a study to determine the number of Indian tribes displaced by the construction of the John Day Dam, Oregon; and

(B)

recommend to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a plan to provide assistance to Indian tribes displaced as a result of the construction of the John Day Dam, Oregon.

1179.

Missouri River

(a)

Reservoir sediment management

(1)

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.

(2)

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.

(3)

Plan elements

A sediment management plan under paragraph (2) shall—

(A)

provide opportunities for project beneficiaries and other stakeholders to participate in sediment management decisions;

(B)

evaluate the volume of sediment in a reservoir and impacts on storage capacity;

(C)

identify preliminary sediment management options, including sediment dikes and dredging;

(D)

identify constraints;

(E)

assess technical feasibility, economic justification, and environmental impacts;

(F)

identify beneficial uses for sediment; and

(G)

to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment.

(4)

Cost share

The beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the plan and such cost shall be allocated among the beneficiaries in accordance with the benefits to be received.

(5)

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.

(6)

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.

(7)

Partnership with Secretary of the Interior

(A)

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.

(B)

Lead agency

The Secretary that has primary jurisdiction over a reservoir shall take the lead in developing and implementing a sediment management plan for that reservoir.

(8)

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).

(b)

Snowpack and drought monitoring

Section 4003(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1310) is amended by adding at the end the following:

(5)

Lead agency

The Corps of Engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph (1).

.

1180.

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.

1181.

Salton Sea, California

(a)

In general

Section 3032 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1113) is amended—

(1)

in the section heading by inserting program after restoration;

(2)

in subsection (b)—

(A)

in the subsection heading by striking Pilot projects and inserting Program;

(B)

in paragraph (1)—

(i)

by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

(ii)

by inserting before subparagraph (B) (as so redesignated) the following:

(A)

Establishment

The Secretary shall carry out a program to implement projects to restore the Salton Sea in accordance with this section.

;

(iii)

in subparagraph (B) (as redesignated by clause (i)) by striking the pilot; and

(iv)

in subparagraph (C)(i) (as redesignated by clause (i))—

(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);

(II)

in subclause (I) by inserting , Salton Sea Authority, or other non-Federal interest before the semicolon; and

(III)

in subclause (II) by striking pilot;

(C)

in paragraph (2), in the matter preceding subparagraph (A), by striking pilot; and

(D)

in paragraph (3)—

(i)

by striking pilot each place it appears; and

(ii)

by inserting , Salton Sea Authority, or other non-Federal interest after State; and

(3)

in subsection (c) by striking pilot.

(b)

Clerical amendment

The table of contents in section 1(b) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) is amended by striking the item relating to section 3032 and inserting the following:

3032. Salton Sea restoration program, California.

.

1182.

Adjustment

Section 219(f) of the Water Resources Development Act of 1992 (Public Law 102–580) is amended—

(1)

in paragraph (25) (113 Stat. 336)—

(A)

by inserting Berkeley, before Calhoun,; and

(B)

by striking Orangeberg, and Sumter and inserting and Orangeberg; and

(2)

in paragraph (78) (121 Stat. 1258)—

(A)

in the paragraph heading by striking St. Clair County, and inserting St. Clair County, Blount County, and Cullman County,; and

(B)

by striking St. Clair County, and inserting St. Clair County, Blount County, and Cullman County,.

1183.

Coastal engineering

(a)

In general

Section 4014(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is amended—

(1)

in paragraph (1) by inserting Indian tribes, after nonprofit organizations,;

(2)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(3)

by inserting after paragraph (2) the following:

(3)

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 the beneficial reuse of dredged materials;

.

(b)

Interagency coordination on coastal resilience

(1)

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.

(2)

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.

(c)

Regional assessments

(1)

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—

(A)

an assessment of the probability and the extent of coastal flooding and erosion, including back bay and estuarine flooding;

(B)

recommendations for policies and other measures related to regional Federal, State, local, and private participation in shoreline and back bay protection projects;

(C)

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; and

(D)

recommendations for the demonstration of methodologies for resilience through the use of natural and nature-based infrastructure approaches, as appropriate.

(2)

Cooperation

In carrying out paragraph (1), the Secretary shall cooperate with—

(A)

heads of appropriate Federal agencies;

(B)

States that have approved coastal management programs and appropriate agencies of those States;

(C)

local governments; and

(D)

the private sector.

(d)

Streamlining

In carrying out this section, the Secretary shall—

(1)

to the maximum extent practicable, use existing research done by Federal, State, regional, local, and private entities to eliminate redundancies and related costs;

(2)

receive from any of the entities described in subsection (c)(2)—

(A)

contributed funds; or

(B)

research that may be eligible for credit as work-in-kind under applicable Federal law; and

(3)

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.

(e)

Reports

The Secretary shall submit in the 2019 annual report submitted to Congress in accordance with section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)) all reports and recommendations prepared under this section, together with any necessary supporting documentation.

1184.

Consideration of measures

(a)

Definitions

In this section, the following definitions apply:

(1)

Natural feature

The term natural feature means a feature that is created through the action of physical, geological, biological, and chemical processes over time.

(2)

Nature-based feature

The term nature-based feature means a feature that is created by human design, engineering, and construction to provide risk reduction in coastal areas by acting in concert with natural processes.

(b)

Requirement

In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—

(1)

natural features;

(2)

nature-based features;

(3)

nonstructural measures; and

(4)

structural measures.

(c)

Report to Congress

(1)

In general

Not later than February 1, 2020, and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b).

(2)

Contents

The report under paragraph (1) shall include, at a minimum, the following:

(A)

A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).

(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.

(C)

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.

1185.

Table Rock Lake, Arkansas and Missouri

(a)

In general

Notwithstanding any other provision of law, the Secretary—

(1)

shall include a 60-day public comment period for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan revision; and

(2)

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.

(b)

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.

(c)

Oversight committee

(1)

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).

(2)

Purposes

The purposes of the Committee shall be—

(A)

to review any permit to be issued under the existing Table Rock Lake Master Plan at the recommendation of the District Engineer; and

(B)

to advise the District Engineer on revisions to the new Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan.

(3)

Membership

The membership of the Committee shall not exceed 6 members and shall include—

(A)

not more than 1 representative each from the State of Missouri and the State of Arkansas;

(B)

not more than 1 representative each from local economic development organizations with jurisdiction over Table Rock Lake; and

(C)

not more than 1 representative each representing the boating and conservation interests of Table Rock Lake.

(4)

Study

The Secretary shall—

(A)

carry out a study on the need to revise permit fees relating to Table Rock Lake to better reflect the cost of issuing those permits and achieve cost savings;

(B)

submit to Congress a report on the results of the study described in subparagraph (A); and

(C)

begin implementation of a new permit fee structure based on the findings of the study described in subparagraph (A).

1186.

Rural western water

Section 595 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 383; 128 Stat. 1316) is amended—

(1)

by redesignating subsection (h) as subsection (i);

(2)

by inserting after subsection (g) the following:

(h)

Eligibility

(1)

In general

Assistance under this section shall be made available to all eligible States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities.

(2)

Selection of projects

In selecting projects for assistance under this section, the Secretary shall give priority to a project located in an eligible State or local entity for which the project sponsor is prepared to—

(A)

execute a new or amended project cooperation agreement; and

(B)

commence promptly after the date of enactment of the Water Resources Development Act of 2016.

(3)

Rural projects

The Secretary shall consider a project authorized under this section and an environmental infrastructure project authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835) for new starts on the same basis as any other similarly funded project.

; and

(3)

in subsection (i) (as redesignated by paragraph (1)) by striking which shall— and all that follows through remain and inserting to remain.

1187.

Interstate compacts

Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (f).

1188.

Sense of Congress

It is the sense of Congress that—

(1)

State water quality standards that impact the disposal of dredged material should be developed collaboratively, with input from all relevant stakeholders;

(2)

open-water disposal of dredged material should be reduced to the maximum extent practicable; and

(3)

where practicable, the preference is for disputes between States related to the disposal of dredged material and the protection of water quality to be resolved between the States in accordance with regional plans and with the involvement of regional bodies.

1189.

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).

B

Studies

1201.

Authorization of proposed feasibility studies

The Secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development submitted to Congress on January 29, 2015, and January 29, 2016, respectively, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress:

(1)

Ouachita-Black Rivers, Arkansas and Louisiana

Project for navigation, Ouachita-Black Rivers, Arkansas and Louisiana.

(2)

Cache Creek Settling Basin, California

Project for flood damage reduction and ecosystem restoration, Cache Creek Settling Basin, California.

(3)

Coyote Valley Dam, California

Project for flood control, water conservation, and related purposes, Russian River Basin, California, authorized by the River and Harbor Act of 1950 (64 Stat. 177), to modify the Coyote Valley Dam to add environmental restoration as a project purpose and to increase water supply and improve reservoir operations.

(4)

Del Rosa Channel, city of San Bernardino, California

Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California.

(5)

Merced County Streams, California

Project for flood damage reduction, Merced County Streams, California.

(6)

Mission-Zanja Channel, cities of San Bernardino and Redlands, California

Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and Redlands, California.

(7)

Soboba Indian Reservation, California

Project for flood damage reduction, Soboba Indian Reservation, California.

(8)

Indian River Inlet, Delaware

Project for hurricane and storm damage reduction, Indian River Inlet, Delaware.

(9)

Lewes Beach, Delaware

Project for hurricane and storm damage reduction, Lewes Beach, Delaware.

(10)

Mispillion Complex, Kent and Sussex Counties, Delaware

Project for hurricane and storm damage reduction, Mispillion Complex, Kent and Sussex Counties, Delaware.

(11)

Daytona Beach, Florida

Project for flood damage reduction, Daytona Beach, Florida.

(12)

Brunswick Harbor, Georgia

Project for navigation, Brunswick Harbor, Georgia.

(13)

Dubuque, Iowa

Project for flood damage reduction, Dubuque, Iowa.

(14)

St. Tammany Parish, Louisiana

Project for flood damage reduction and ecosystem restoration, St. Tammany Parish, Louisiana.

(15)

Cattaraugus Creek, New York

Project for flood damage reduction, Cattaraugus Creek, New York.

(16)

Cayuga Inlet, Ithaca, New York

Project for navigation and flood damage reduction, Cayuga Inlet, Ithaca, New York.

(17)

Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware

Projects for flood control, Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, authorized by section 408 of the Act of July 24, 1946 (60 Stat. 644, chapter 596), and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), to review operations of the projects to enhance opportunities for ecosystem restoration and water supply.

(18)

Silver Creek, Hanover, New York

Project for flood damage reduction and ecosystem restoration, Silver Creek, Hanover, New York.

(19)

Stonycreek and Little Conemaugh Rivers, Pennsylvania

Project for flood damage reduction and recreation, Stonycreek and Little Conemaugh Rivers, Pennsylvania.

(20)

Tioga-Hammond Lake, Pennsylvania

Project for ecosystem restoration, Tioga-Hammond Lake, Pennsylvania.

(21)

Brazos River, Fort Bend County, Texas

Project for flood damage reduction in the vicinity of the Brazos River, Fort Bend County, Texas.

(22)

Chacon Creek, city of Laredo, Texas

Project for flood damage reduction, ecosystem restoration, and recreation, Chacon Creek, city of Laredo, Texas.

(23)

Corpus Christi Ship Channel, Texas

Project for navigation, Corpus Christi Ship Channel, Texas.

(24)

City of El Paso, Texas

Project for flood damage reduction, city of El Paso, Texas.

(25)

Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas

Project for navigation and hurricane and storm damage reduction, Gulf Intracoastal Waterway, Brazoria and Matagorda Counties, Texas.

(26)

Port of Bay City, Texas

Project for navigation, Port of Bay City, Texas.

(27)

Chincoteague Island, Virginia

Project for hurricane and storm damage reduction, navigation, and ecosystem restoration, Chincoteague Island, Virginia.

(28)

Burley Creek Watershed, Kitsap County, Washington

Project for flood damage reduction and ecosystem restoration, Burley Creek Watershed, Kitsap County, Washington.

(29)

Savannah River below Augusta, Georgia

Project for ecosystem restoration, water supply, recreation, and flood control, Savannah River below Augusta, Georgia.

(30)

Johnstown, Pennsylvania

Project for flood damage reduction, Johnstown, Pennsylvania.

1202.

Additional studies

(a)

Tulsa and West Tulsa, Arkansas River, Oklahoma

(1)

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).

(2)

Requirements

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.

(3)

Prioritization to address significant risks

In any case in which a levee or levee system (as defined in section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301)) is classified as 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.

(b)

Cincinnati, Ohio

(1)

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.

(2)

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.

(c)

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—

(1)

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);

(2)

in subsection (d) by striking the Secretary of Homeland Security and inserting the Secretary of the department in which the Coast Guard is operating; and

(3)

by adding at the end the following:

(e)

Consideration of national security interests

In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—

(1)

shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) associated with an Arctic deep draft port;

(2)

shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and

(3)

may consider such benefits in determining whether an Arctic deep draft port is feasible.

.

(d)

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.

1203.

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—

(1)

in subsection (a) by striking conduct a study to determine the feasibility of carrying out projects and inserting carry out a comprehensive assessment and management plan;

(2)

in subsection (b)—

(A)

in the subsection heading by striking Study and inserting Assessment and plan; and

(B)

in the matter preceding paragraph (1) by striking study and inserting assessment and plan; and

(3)

in subsection (c)(1) by striking study and inserting assessment and plan.

1204.

South Atlantic coastal study

(a)

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.

(b)

Requirements

In carrying out the study under subsection (a), the Secretary shall—

(1)

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;

(2)

identify risks and coastal vulnerabilities in the areas affected by sea level rise;

(3)

recommend measures to address the vulnerabilities described in paragraph (2); and

(4)

develop a long-term strategy for—

(A)

addressing increased hurricane and storm damages that result from rising sea levels; and

(B)

identifying opportunities to enhance resiliency, increase sustainability, and lower risks in—

(i)

populated areas;

(ii)

areas of concentrated economic development; and

(iii)

areas with vulnerable environmental resources.

(c)

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 the risks and vulnerabilities of the areas described in subsection (a) due to increased hurricane and storm damage as a result of sea level rise.

1205.

Texas coastal area

In carrying out the comprehensive plan 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, and information developed by the Gulf Coast Community Protection and Recovery District to expedite completion of the plan.

1206.

Upper Mississippi and Illinois Rivers

(a)

In general

The Secretary shall conduct a study of the riverine areas located within the Upper Mississippi River and Illinois River basins to identify the risks and vulnerabilities of those areas to increased flood damages.

(b)

Requirements

In carrying out the study under subsection (a), the Secretary shall—

(1)

conduct a comprehensive analysis of flood risk management measures to maintain or enhance current levels of protection;

(2)

identify risks and vulnerabilities in the areas affected by flooding;

(3)

recommend specific measures and actions to address the risks and vulnerabilities described in paragraph (2);

(4)

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;

(5)

develop basinwide hydrologic models for the Upper Mississippi River System and improve analytical methods needed to produce scientifically based recommendations for improvements to flood risk management; and

(6)

develop a long-term strategy for—

(A)

addressing increased flood damages; and

(B)

identifying opportunities to enhance resiliency, increase sustainability, and lower risks in—

(i)

populated areas;

(ii)

areas of concentrated economic development; and

(iii)

areas with vulnerable environmental resources.

(c)

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 and make publicly available a report describing the results of the study conducted under subsection (b).

1207.

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.

C

Deauthorizations, Modifications, and Related Provisions

1301.

Deauthorization of inactive projects

(a)

Purposes

The purposes of this section are—

(1)

to identify $10,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to—

(A)

a lack of local support;

(B)

a lack of available Federal or non-Federal resources; or

(C)

an authorizing purpose that is no longer relevant or feasible;

(2)

to create an expedited and definitive process for Congress to deauthorize water resources development projects that are no longer viable for construction; and

(3)

to allow the continued authorization of water resources development projects that are viable for construction.

(b)

Interim deauthorization list

(1)

In general

The Secretary shall develop an interim deauthorization list that identifies—

(A)

each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—

(i)

planning, design, or construction was not initiated before the date of enactment of this Act; or

(ii)

planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 6 preceding fiscal years; and

(B)

each project or separable element identified and included on a list to Congress for deauthorization pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).

(2)

Public comment and consultation

(A)

In general

The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1).

(B)

Comment period

The public comment period shall be 90 days.

(3)

Submission to congress; publication

Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall—

(A)

submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

publish the revised interim deauthorization list in the Federal Register.

(c)

Final deauthorization list

(1)

In general

The Secretary shall develop a final deauthorization list of water resources development projects, or separable elements of projects, from the revised interim deauthorization list described in subsection (b)(3).

(2)

Deauthorization amount

(A)

Proposed final list

The Secretary shall prepare a proposed final deauthorization list of projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $10,000,000,000.

(B)

Determination of Federal cost to complete

For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), as applied to the most recent project schedule and cost estimate.

(3)

Identification of projects

(A)

Sequencing of projects

(i)

In general

The Secretary shall identify projects and separable elements of projects for inclusion on the proposed final deauthorization list according to the order in which the projects and separable elements of the projects were authorized, beginning with the earliest authorized projects and separable elements of projects and ending with the latest project or separable element of a project necessary to meet the aggregate amount under paragraph (2)(A).

(ii)

Factors to consider

The Secretary may identify projects and separable elements of projects in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment.

(iii)

Consideration of public comments

In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(2).

(B)

Appendix

The Secretary shall include as part of the proposed final deauthorization list an appendix that—

(i)

identifies each project or separable element of a project on the interim deauthorization list developed under subsection (b) that is not included on the proposed final deauthorization list; and

(ii)

describes the reasons why the project or separable element is not included on the proposed final list.

(4)

Public comment and consultation

(A)

In general

The Secretary shall solicit comments from the public and the Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs (2) and (3).

(B)

Comment period

The public comment period shall be 90 days.

(5)

Submission of final list to Congress; publication

Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall—

(A)

submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register.

(d)

Deauthorization; congressional review

(1)

In general

After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a project or separable element of a project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period.

(2)

Non-Federal contributions

(A)

In general

A project or separable element of a project identified in the final deauthorization list under subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project.

(B)

Treatment of projects

Notwithstanding subparagraph (A), each project and separable element of a project identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection (c)(2)(A).

(3)

Projects identified in appendix

A project or separable element of a project identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress.

(e)

Special rule for projects receiving funds for post-Authorization study

A project or separable element of a project may not be identified on the interim deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 6 preceding fiscal years.

(f)

General provisions

(1)

Definitions

In this section, the following definitions apply:

(A)

Post-authorization study

The term post-authorization study means—

(i)

a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282);

(ii)

a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or

(iii)

a review conducted under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), including an initial appraisal that—

(I)

demonstrates a Federal interest; and

(II)

requires additional analysis for the project or separable element.

(B)

Water resources development project

The term water resources development project includes an environmental infrastructure assistance project or program of the Corps of Engineers.

(2)

Treatment of project modifications

For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent modification.

(g)

Repeal

Subsection (a) and subsections (c) through (f) of section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) are repealed.

1302.

Backlog prevention

(a)

Project deauthorization

(1)

In general

A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 10-year period beginning on the date of enactment of this Act unless—

(A)

funds have been obligated for construction of, or a post-authorization study for, such project or separable element during that period; or

(B)

the authorization contained in this Act has been modified by a subsequent Act of Congress.

(2)

Identification of projects

Not later than 60 days after the expiration of the 10-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1).

(b)

Report to Congress

Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make available to the public, a report that contains—

(1)

a list of any water resources development projects authorized by this Act for which construction has not been completed during that period;

(2)

a description of the reasons the projects were not completed;

(3)

a schedule for the completion of the projects based on expected levels of appropriations; and

(4)

a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.

1303.

Valdez, Alaska

(a)

In general

Subject to subsection (b), the portion of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigational servitude beginning on the date of enactment of this Act.

(b)

Entry by Federal Government

The Federal Government may enter upon the property referred to in subsection (a) to carry out any required operation and maintenance of the general navigation features of the project referred to in subsection (a).

1304.

Los Angeles County Drainage Area, Los Angeles County, California

(a)

In general

The Secretary shall—

(1)

prioritize the updating of the water control manuals for control structures for the project for flood control, Los Angeles County Drainage Area, Los Angeles County, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4611); and

(2)

integrate and incorporate into the project seasonal operations for water conservation and water supply.

(b)

Participation

The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public.

1305.

Sutter Basin, California

(a)

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 in item 8 of the table contained in section 7002(2) 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.

(b)

Savings provisions

The deauthorization under subsection (a) does not affect—

(1)

the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366); or

(2)

previous authorizations providing for the Sacramento River and major and minor tributaries project, including—

(A)

section 2 of the Act of March 1, 1917 (39 Stat. 949, chapter 144);

(B)

section 10 of the Act of December 22, 1944 (58 Stat. 900, chapter 665);

(C)

section 204 of the Flood Control Act of 1950 (64 Stat. 177, chapter 188); and

(D)

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.

1306.

Essex River, Massachusetts

(a)

Deauthorization

The portions of the project for navigation, Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30 Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the areas described in subsection (b) are no longer authorized beginning on the date of enactment of this Act.

(b)

Description of project areas

The areas described in this subsection are as follows: Beginning at a point N3056139.82 E851780.21, thence southwesterly about 156.88 feet to a point N3055997.75 E851713.67; thence southwesterly about 64.59 feet to a point N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to a point N3055976.70 E850927.78; thence northwesterly about 58.77 feet to a point N3056002.99 E850875.21; thence northwesterly about 240.57 feet to a point N3056232.82 E850804.14; thence northwesterly about 203.60 feet to a point N3056435.41 E850783.93; thence northwesterly about 78.63 feet to a point N3056499.63 E850738.56; thence northwesterly about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly about 85.56 feet to a point N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet to a point N3056334.36 E850394.03; thence northwesterly about 48.52 feet to a point N3056354.38 E850349.83; thence northeasterly about 83.71 feet to a point N3056436.35 E850366.84; thence northeasterly about 212.38 feet to a point N3056548.70 E850547.07; thence northeasterly about 47.60 feet to a point N3056563.12 E850592.43; thence northeasterly about 101.16 feet to a point N3056566.62 E850693.53; thence southeasterly about 80.22 feet to a point N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a point N3056031.13 E850908.38; thence southeasterly about 38.23 feet to a point N3056014.02 E850942.57; thence southeasterly about 410.93 feet to a point N3055896.06 E851336.21; thence northeasterly about 188.43 feet to a point N3055925.46 E851522.33; thence northeasterly about 135.47 feet to a point N3055992.91 E851639.80; thence northeasterly about 52.15 feet to a point N3056023.90 E851681.75; thence northeasterly about 91.57 feet to a point N3056106.82 E851720.59.

1307.

Port of Cascade Locks, Oregon

(a)

Extinguishment of portions of existing flowage easement

With respect to the properties described in subsection (b), beginning on the date of enactment of this Act, the flowage easements described in subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the ordinary high water line.

(b)

Affected properties

The properties described in this subsection, as recorded in Hood River County, Oregon, are as follows:

(1)

Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park subdivision, Instrument Number 2014–00436.

(2)

Parcels 1, 2, and 3 of Hood River County Partition, Plat Number 2008–25P.

(c)

Flowage easements

The flowage easements described in this subsection are identified as Tracts 302E–1 and 304E–1 on the easement deeds recorded as instruments in Hood River County, Oregon, and described as follows:

(1)

A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25, page 531 (Records of Hood River County, Oregon), in favor of the United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; previously acquired as Tracts OH–36 and OH–41 and a portion of Tract OH–47).

(2)

A flowage easement dated October 5, 1936, recorded October 17, 1936, book 25, page 476 (Records of Hood River County, Oregon), in favor of the United States, affecting that portion below the 94-foot contour line above main sea level (304 E1–Perpetual Flowage Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH–042 and a portion of Tract OH–47).

(d)

Federal liabilities; cultural, environmental, and other regulatory reviews

(1)

Federal liability

The United States shall not be liable for any injury caused by the extinguishment of an easement under this section.

(2)

Cultural and environmental regulatory actions

Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (b).

(e)

Effect on other rights

Nothing in this section affects any remaining right or interest of the Corps of Engineers in the properties described in subsection (b).

1308.

Central Delaware River, Philadelphia, Pennsylvania

(a)

Area To Be declared nonnavigable

Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:

(1)

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, 53, 48, 46, 40, and 38.

(2)

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: 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.

(b)

Public interest determination

The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.

(c)

Limits on applicability

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

1309.

Huntingdon County, Pennsylvania

(a)

In general

The Secretary shall—

(1)

prioritize the updating of the master plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182); and

(2)

ensure that alternatives for additional recreation access and development at the project are fully assessed, evaluated, and incorporated as a part of the update.

(b)

Participation

The update referred to in subsection (a) shall be done in coordination with all appropriate Federal agencies, elected officials, and members of the public.

(c)

Inventory

In carrying out the update under subsection (a), the Secretary shall include an inventory of those lands that are not necessary to carry out the authorized purposes of the project.

1310.

Rivercenter, Philadelphia, Pennsylvania

Section 38(c) of the Water Resources Development Act of 1988 (33 U.S.C. 59j–1(c)) is amended—

(1)

by striking (except 30 years from such date of enactment, in the case of the area or any part thereof described in subsection (a)(5)); and

(2)

by adding at the end the following: Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire..

1311.

Salt Creek, Graham, Texas

(a)

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), is no longer authorized as a Federal project beginning on the date of enactment of this Act.

(b)

Certain project-Related claims

The non-Federal interest for the project shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project.

(c)

Transfer

The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal interest that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal interest.

(d)

Reversion

If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all right, title, and interest in and to the land and improvements thereon shall revert, at the discretion of the Secretary, to the United States.

1312.

Texas City Ship Channel, Texas City, Texas

(a)

In general

The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act.

(b)

Description

The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows:

(1)

Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped R 4–3 set in the top of the Texas City Dike along the east side of Bay Street bears North 56° 14’ 32” West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped R 4–2 set in the top of the Texas City Dike along the east side of Bay Street bears North 49° 13’ 20” West, a distance of 6,693.64 feet.

(2)

Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following 8 courses and distances:

(A)

South 75° 49’ 13” East, a distance of 298.08 feet to an angle point of the tract herein described.

(B)

South 81° 16’ 26” East, a distance of 170.58 feet to an angle point of the tract herein described.

(C)

South 79° 20’ 31” East, a distance of 802.34 feet to an angle point of the tract herein described.

(D)

South 75° 57’ 32” East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right.

(E)

Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24° 55’ 59”, a chord of South 68° 47’ 35” East – 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left.

(F)

Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31° 57’ 42”, a chord of South 66° 10’ 42” East – 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right.

(G)

Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02° 04’ 10”, a chord of South 81° 56’ 20” East – 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described.

(H)

Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133° 08’ 00”, a chord of South 14° 20’ 15” East – 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described.

(3)

Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following 12 courses and distances:

(A)

North 78° 01’ 58” West, a distance of 840.90 feet to an angle point of the tract herein described.

(B)

North 76° 58’ 35” West, a distance of 976.66 feet to an angle point of the tract herein described.

(C)

North 76° 44’ 33” West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left.

(D)

Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82° 27’ 32”, a chord of South 62° 01’ 41” West – 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left.

(E)

Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11° 06’ 58”, a chord of South 15° 14’ 26” West – 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described.

(F)

South 64° 37’ 11” West, a distance of 146.03 feet to an angle point of the tract herein described.

(G)

South 67° 08’ 21” West, a distance of 194.42 feet to an angle point of the tract herein described.

(H)

North 34° 48’ 22” West, a distance of 789.69 feet to an angle point of the tract herein described.

(I)

South 42° 47’ 10” West, a distance of 161.01 feet to an angle point of the tract herein described.

(J)

South 42° 47’ 10” West, a distance of 144.66 feet to a point for the beginning of a tangent curve to the right.

(K)

Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central angle of 59° 50’ 28”, a chord of South 72° 42’ 24” West – 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract herein described.

(L)

North 77° 22’ 21” West, a distance of 591.41 feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the Texas City Turning Basin for the southwesterly corner of the tract herein described, from which a found U.S. Army Corps of Engineers Brass Cap stamped SWAN 2 set in the top of a concrete column set flush in the ground along the north bank of Swan Lake bears South 20° 51’ 58” West, a distance of 4,862.67 feet.

(4)

Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following 18 courses and distances:

(A)

North 01° 34’ 19” East, a distance of 57.40 feet to an angle point of the tract herein described.

(B)

North 05° 02’ 13” West, a distance of 161.85 feet to an angle point of the tract herein described.

(C)

North 06° 01’ 56” East, a distance of 297.75 feet to an angle point of the tract herein described.

(D)

North 06° 18’ 07” West, a distance of 71.33 feet to an angle point of the tract herein described.

(E)

North 07° 21’ 09” West, a distance of 122.45 feet to an angle point of the tract herein described.

(F)

North 26° 41’ 15” West, a distance of 46.02 feet to an angle point of the tract herein described.

(G)

North 01° 31’ 59” West, a distance of 219.78 feet to an angle point of the tract herein described.

(H)

North 15° 54’ 07” West, a distance of 104.89 feet to an angle point of the tract herein described.

(I)

North 04° 00’ 34” East, a distance of 72.94 feet to an angle point of the tract herein described.

(J)

North 06° 46’ 38” West, a distance of 78.89 feet to an angle point of the tract herein described.

(K)

North 12° 07’ 59” West, a distance of 182.79 feet to an angle point of the tract herein described.

(L)

North 20° 50’ 47” West, a distance of 105.74 feet to an angle point of the tract herein described.

(M)

North 02° 02’ 04” West, a distance of 184.50 feet to an angle point of the tract herein described.

(N)

North 08° 07’ 11” East, a distance of 102.23 feet to an angle point of the tract herein described.

(O)

North 08° 16’ 00” West, a distance of 213.45 feet to an angle point of the tract herein described.

(P)

North 03° 15’ 16” West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left.

(Q)

Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14° 00’ 05”, a chord of North 09° 36’ 03” West – 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right.

(R)

Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19° 13’ 34”, a chord of North 13° 52’ 03” East – 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described.

(5)

Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following 15 courses and distances:

(A)

North 30° 45’ 02” East, a distance of 189.03 feet to an angle point of the tract herein described.

(B)

North 34° 20’ 49” East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right.

(C)

Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25° 53’ 37”, a chord of North 33° 14’ 58” East – 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left.

(D)

Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23° 23’ 57”, a chord of North 48° 02’ 53” East – 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right.

(E)

Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16° 24’ 19”, a chord of North 43° 01’ 40” East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described.

(F)

North 38° 56’ 50” East, a distance of 126.41 feet to an angle point of the tract herein described.

(G)

North 42° 59’ 50” East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right.

(H)

Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68° 36’ 31”, a chord of North 57° 59’ 42” East – 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described.

(I)

South 77° 14’ 49” East, a distance of 131.60 feet to an angle point of the tract herein described.

(J)

South 84° 44’ 18” East, a distance of 86.58 feet to an angle point of the tract herein described.

(K)

South 58° 14’ 45” East, a distance of 69.62 feet to an angle point of the tract herein described.

(L)

South 49° 44’ 51” East, a distance of 149.00 feet to an angle point of the tract herein described.

(M)

South 44° 47’ 21” East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left.

(N)

Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98° 53’ 23”, a chord of South 83° 28’ 51” East – 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described.

(O)

South 75° 49’ 13” East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.

1313.

Stonington Harbour, Connecticut

The portion of the project for navigation, Stonington Harbour, 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.

1314.

Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana

The portion of the project for flood control with respect to the Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana, 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.

1315.

Green River and Barren River, Kentucky

(a)

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—

(1)

consistent with this section; and

(2)

subject to such terms and conditions as the Secretary determines to be necessary and appropriate in the public interest.

(b)

Disposition

(1)

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 the land associated with Green River Lock and Dam 3, located in Ohio County and Muhlenberg County, Kentucky, together with any improvements on the land.

(2)

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 the land associated with Green River Lock and Dam 4, located in Butler County, Kentucky, together with any improvements on the land.

(3)

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 the land associated with Green River Lock and Dam 5, located in Edmonson County, Kentucky, together with any improvements on the land, for the purposes of—

(A)

removing Lock and Dam 5 from the river at the earliest feasible time; and

(B)

making the land available for conservation and public recreation, including river access.

(4)

Green River Lock and Dam 6

(A)

In general

The Secretary shall transfer to the Secretary of the Interior administrative jurisdiction over the portion of the land associated with 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.

(B)

Transfer to the State of Kentucky

The Secretary shall convey to the State of Kentucky all right, title, and interest of the United States in and to the portion of the land associated with 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—

(i)

removing Lock and Dam 6 from the river at the earliest feasible time; and

(ii)

making the land available for conservation and public recreation, including river access.

(5)

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 the land associated with 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—

(A)

removing Lock and Dam 1 from the river at the earliest feasible time; and

(B)

making the land available for conservation and public recreation, including river access.

(c)

Conditions

(1)

In general

The exact acreage and legal description of any land to be disposed of, transferred, or conveyed under this section shall be determined by a survey satisfactory to the Secretary.

(2)

Quitclaim deed

A conveyance under paragraph (1), (2), (4), or (5) of subsection (b) shall be accomplished by quitclaim deed and without consideration.

(3)

Administrative costs

The Secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this section, including the costs of a survey carried out under paragraph (1).

(4)

Reversion

If the Secretary determines that the land conveyed under this section is not used by a non-Federal entity for a purpose that is consistent with the purpose of the 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.

1316.

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 (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.

1317.

Land transfer and trust land for Muscogee (Creek) Nation

(a)

Transfer

(1)

In general

Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Muscogee (Creek) Nation.

(2)

Conditions

The land transfer under this subsection shall be subject to the following conditions:

(A)

The transfer—

(i)

shall not interfere with the Corps of Engineers operation of the Eufaula Lake Project or any other authorized civil works project; and

(ii)

shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Eufaula Lake Project or any other authorized civil works project.

(B)

The Secretary shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this subsection as necessary to carry out an authorized purpose of the Eufaula Lake Project or any other civil works project.

(C)

No gaming activities may be conducted on the land transferred under this subsection.

(b)

Land description

(1)

In general

The land to be transferred pursuant to subsection (a) is the approximately 18.38 acres of land located in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., McIntosh County, Oklahoma, generally depicted as USACE on the map entitled Muscogee (Creek) Nation Proposed Land Acquisition and dated October 16, 2014.

(2)

Survey

The exact acreage and legal description of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.

(c)

Consideration

The Muscogee (Creek) Nation shall pay—

(1)

to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and

(2)

all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of—

(A)

the survey under subsection (b)(2);

(B)

compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(C)

any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air.

1318.

Cameron County, Texas

(a)

Release

As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument effectuating the release of the interests of the United States in certain tracts of land located in Cameron County, Texas, as described in subsection (d).

(b)

Additional terms and conditions

The Secretary may require that any release under this section be subject to such additional terms and conditions as the Secretary considers appropriate and necessary to protect the interests of the United States.

(c)

Costs of conveyance

The Brownsville Navigation District shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the releases.

(d)

Description

The Secretary shall release all or portions of the interests in the following tracts as determined by a survey to be paid for by the Brownsville Navigation District, that is satisfactory to the Secretary:

(1)

Tract No. 1: Being 1,277.80 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated September 22, 1932, and recorded at Volume 238, pages 578 through 580, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 361.03 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, and further save and except approximately 165.56 Acres for the existing Dredged Material Placement Area No. 4A1.

(2)

Tract No. 2: Being 842.28 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 6, 1938, and recorded at Volume 281, pages 486 through 488, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 178.15 Acres comprised of a strip 562 feet in width, being the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, further save and except approximately 76.95 Acres for the existing Dredged Material Placement Area No. 4A1, and further save and except approximately 74.40 Acres for the existing Dredged Material Placement Area No. 4B1.

(3)

Tract No. 3: Being 362.00 Acres as conveyed by the Manufacturing and Distributing University to the United States of America by instrument dated March 3, 1936, and recorded at Volume R, page 123, in the Miscellaneous Deed Records of Cameron County, Texas, to be released and abandoned in its entirety.

(4)

Tract No. 4: Being 9.48 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated January 23, 1939, and recorded at Volume 293, pages 115 through 118, in the Deed Records of Cameron County, Texas (said 9.48 Acres are identified in said instrument as the Second Tract), to be released and abandoned in its entirety, save and except approximately 1.97 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening, plus 5.0 feet.

(5)

Tract No. 5: Being 10.91 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, by instrument dated March 6, 1939, and recorded at Volume 293, pages 113 through 115, in the Deed Records of Cameron County, Texas (said 10.91 Acres are identified in said instrument as Third Tract), to be released and abandoned in its entirety, save and except approximately 0.36 Acre, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.

(6)

Tract No. 9: Being 552.82 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 6, 1938, and recorded at Volume 281, pages 483 through 486, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 84.59 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.

(7)

Tract No. 10: Being 325.02 Acres as condemned by the United States of America by the Final Report of Commissioners dated May 7, 1935, and recorded at Volume 281, pages 476 through 483, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 76.81 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor Deepening.

(8)

Tract No. 11: Being 8.85 Acres in as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated January 23, 1939, and recorded at Volume 293, Pages 115 through 118, in the Deed Records of Cameron County, Texas (said 8.85 Acres are identified in said instrument as the First Tract), to be released and abandoned in its entirety, save and except approximately 0.30 Acres, comprised of the area within the project known as Brazos Island Harbor Deepening, plus 5.0 feet.

(9)

Tract No. A100E: Being 13.63 Acres in as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated September 30, 1947, and recorded at Volume 427, page 1 through 4 in the Deed Records of Cameron County, to be released and abandoned in its entirety, save and except approximately 6.60 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required for the existing project known as Brazos Island Harbor, plus 5.0 feet.

(10)

Tract No. 122E: Being 31.4 Acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States of America by instrument dated December 11, 1963 and recorded at Volume 756, page 393 in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 4.18 Acres in Share 31 of the Espiritu Santo Grant in Cameron County, Texas, and further save and except approximately 2.04 Acres in Share 7 of the San Martin Grant in Cameron County, Texas, being portions of the area designated by the U.S. Army Corps of Engineers as required for the current project known as Brazos Island Harbor, plus 5.0 feet.

1319.

New Savannah Bluff Lock and Dam, Georgia and South Carolina

(a)

Definitions

In this section, the following definitions apply:

(1)

New Savannah Bluff Lock and Dam

The term New Savannah Bluff Lock and Dam means—

(A)

the lock and dam at New Savannah Bluff, Savannah River, Georgia and South Carolina; and

(B)

the appurtenant features to the lock and dam, including—

(i)

the adjacent approximately 50-acre park and recreation area with improvements made under the project for navigation, Savannah River below Augusta, Georgia, authorized by the first section of the Act of July 3, 1930 (46 Stat. 924), and the first section of the Act of August 30, 1935 (49 Stat. 1032); and

(ii)

other land that is part of the project and that the Secretary determines to be appropriate for conveyance under this section.

(2)

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 (Public Law 113–121; 128 Stat. 1364).

(b)

Deauthorization

(1)

In general

Effective beginning on the date of enactment of this Act—

(A)

the New Savannah Bluff Lock and Dam is deauthorized; and

(B)

notwithstanding section 348(l)(2)(B) of the Water Resources Development Act of 2000 (Public Law 106–541; 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.

(2)

Repeal

Section 348 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 Stat. 2763A–228) is amended—

(A)

by striking subsection (l); and

(B)

by redesignating subsections (m) and (n) as subsections (l) and (m), respectively.

(c)

Project modifications

(1)

In general

Notwithstanding any other provision of law, the Project is modified to include, as the Secretary determines to be necessary—

(A)
(i)

repair of the lock wall of the New Savannah Bluff Lock and Dam and modification of the structure such that the structure is able—

(I)

to maintain the pool for navigation, water supply, and recreational activities, as in existence on the date of enactment of this Act; and

(II)

to allow safe passage over the structure to historic spawning grounds of shortnose sturgeon, Atlantic sturgeon, and other migratory fish; or

(ii)
(I)

construction at an appropriate location across the Savannah River of a structure 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

(II)

removal of the New Savannah Bluff Lock and Dam on completion of construction of the structure; and

(B)

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.

(2)

Non-Federal cost share

The Federal share of the cost of any Project feature constructed pursuant to paragraph (1) shall be not greater than the share as provided by section 7002(1) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1364) for the most cost-effective fish passage structure.

(3)

Operation and maintenance costs

The Federal share of the costs of operation and maintenance of any Project feature constructed pursuant to paragraph (1) shall be consistent with the cost sharing of the Project as provided by law.

1320.

Hamilton City, California

Section 1001(8) of the Water Resources Development Act of 2007 (121 Stat. 1050) is modified to authorize the Secretary to construct the project at a total cost of $91,000,000, with an estimated Federal cost of $59,735,061 and an estimated non-Federal cost of $31,264,939.

1321.

Conveyances

(a)

Pearl River, Mississippi and Louisiana

(1)

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.

(2)

Transfer

(A)

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—

(i)

any land in which the Federal Government has a property interest for the project described in paragraph (1); and

(ii)

improvements to the land described in clause (i).

(B)

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.

(C)

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.

(3)

Reversion

If the Secretary determines that the land and improvements conveyed under paragraph (2) cease 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.

(b)

Sardis Lake, Mississippi

(1)

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.

(2)

Easement and restrictive covenant

The conveyance under paragraph (1) shall include—

(A)

a restrictive covenant to require the approval of the Secretary for any substantial change in the use of the property; and

(B)

a flowage easement.

(c)

Pensacola Dam and Reservoir, Grand River, Oklahoma

(1)

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.

(2)

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 nonpublic entity, the transferee, as part of the conveyance, shall pay to the United States the fair market value for the interest.

(3)

No effect

Nothing in this subsection—

(A)

amends, modifies, or repeals any existing authority vested in the Federal Energy Regulatory Commission; or

(B)

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).

(d)

Joe Pool Lake, Texas

The Secretary shall accept from the Trinity River Authority of Texas, if received on or before December 31, 2016, $31,344,841 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.

1322.

Expedited consideration

(a)

In general

Section 1011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2341a) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(C) by inserting restore or before prevent the loss; and

(B)

in paragraph (2)—

(i)

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

(ii)

in subparagraph (A)(ii) by striking that— and all that follows through limited reevaluation report; and

(2)

in subsection (b)—

(A)

in paragraph (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;

(B)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(C)

in the matter preceding subparagraph (A) (as so redesignated) by striking For and inserting the following:

(1)

In general

For

; and

(D)

by adding at the end the following:

(2)

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)

a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—

(i)

were authorized or modified in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041) or any subsequent Act; and

(ii)

that meet the criteria described in paragraph (1); and

(B)

a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.

.

(b)

Expedited consideration

(1)

Expedited completion of flood damage reduction and flood risk management projects

For authorized projects with a primary purpose of flood damage reduction and flood risk management, the Secretary shall provide priority funding for and expedite the completion of the following projects:

(A)

Chicagoland Underflow Plan, Illinois, including stage 2 of the McCook Reservoir, 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(b) of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 334).

(B)

Cedar River, Cedar Rapids, Iowa, as authorized by section 7002(2)(3) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366).

(C)

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 104–303; 110 Stat. 3709) and section 371 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 321).

(D)

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 title I 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).

(E)

The projects described in paragraphs (29) through (33) of section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e)).

(2)

Expedited completion of feasibility studies

The Secretary shall give priority funding and expedite completion of the reports for the following projects, 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):

(A)

The project for navigation, St. George Harbor, Alaska.

(B)

The project for flood risk management, Rahway River Basin, New Jersey.

(C)

The Hudson-Raritan Estuary Comprehensive Restoration Project.

(D)

The project for navigation, Mobile Harbor, Alabama.

(E)

The project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona.

(F)

The project for flood risk management, Lower San Joaquin River, California. In carrying out the feasibility study for the project, the Secretary shall include Reclamation District 17 as part of the study.

(G)

The project for flood risk management and ecosystem restoration, Sacramento River Flood Control System, California.

(H)

The project for hurricane and storm damage risk reduction, Ft. Pierce, Florida.

(I)

The project for flood risk management, Des Moines and Raccoon Rivers, Iowa.

(J)

The project for navigation, Mississippi River Ship Channel, Louisiana.

(K)

The project for flood risk management, North Branch Ecorse Creek, Wayne County, Michigan.

(3)

Expedited completion of post-Authorization change report

The Secretary shall provide priority funding for, and expedite completion of, a post-authorization change report for the project for hurricane and storm damage risk reduction, New Hanover County, North Carolina.

(4)

Completion of projects under construction by non-Federal interests

The Secretary shall expedite review and decision on recommendations for the following projects for flood damage reduction and flood risk management:

(A)

Pearl River Basin, Mississippi, authorized by section 401(e)(3) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4132), as modified by section 3104 of the Water Resources Development Act of 2007 (Public Law 110–114; 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 (Public Law 113–121; 128 Stat. 1193)).

(B)

Brays Bayou, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4610), as modified by section 211(f)(6) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(f)(6)) (as in effect on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1193)).

D

Water Resources Infrastructure

1401.

Project authorizations

The following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development submitted to Congress on January 29, 2015, and January 29, 2016, respectively, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports designated in this section:

(1)

Navigation

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. TXBrazos Island Harbor Nov. 3, 2014Federal: $121,023,000
Non-Federal: $89,453,000
Total: $210,476,000
2. LACalcasieu LockDec. 2, 2014Total: $17,432,000 (to be derived ½ from the general fund of the Treasury and ½ from the Inland Waterways Trust Fund)
3. NH, MEPortsmouth Harbor and Piscataqua RiverFeb. 8, 2015Federal: $16,015,000
Non-Federal: $5,338,000
Total: $21,353,000
4. FLPort EvergladesJun. 25, 2015Federal: $229,770,000
Non-Federal: $107,233,000
Total: $337,003,000
5. AKLittle Diomede HarborAug. 10, 2015Federal: $26,394,000
Non-Federal: $2,933,000
Total: $29,327,000
6. SCCharleston HarborSep. 8, 2015Federal: $231,239,000
Non-Federal: $271,454,000
Total: $502,693,000
7. AKCraig HarborMar. 16, 2016Federal: $29,456,000
Non-Federal: $3,299,000
Total: $32,755,000
8. PAUpper OhioSep. 12, 2016Total: $2,691,600,000 (to be derived ½ from the general fund of the Treasury and ½ from the Inland Waterways Trust Fund).
(2)

Flood Risk Management

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. TXLeon Creek WatershedJun. 30, 2014Federal: $22,145,000
Non-Federal: $11,925,000
Total: $34,070,000
2. MO, KSArmourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas CitysJan. 27, 2015Federal: $213,271,500
Non-Federal: $114,838,500
Total: $328,110,000
3. KSCity of ManhattanApr. 30, 2015Federal: $16,151,000
Non-Federal: $8,697,000
Total: $24,848,000
4. TNMill CreekOct. 16, 2015Federal: $17,950,000
Non-Federal: $10,860,000
Total: $28,810,000
5. KSUpper Turkey Creek Basin Dec. 22, 2015Federal: $25,610,000
Non-Federal: $13,790,000
Total: $39,400,000
6. NCPrincevilleFeb. 23, 2016Federal: $14,080,000
Non-Federal: $7,582,000
Total: $21,662,000
7. CAAmerican River Common FeaturesApr. 26, 2016Federal: $890,046,900
Non-Federal: $705,714,100
Total: $1,595,761,000
8. CAWest SacramentoApr. 26, 2016Federal: $788,861,000
Non-Federal: $424,772,000
Total: $1,213,633,000.
(3)

Hurricane and Storm Damage Risk Reduction

A. StateB.
Name
C.
Date of
Report of
Chief of
Engineers
D.
Estimated Initial
Costs and
Estimated
Renourishment
Costs
1. SCColleton CountySep. 5, 2014Initial Federal: $14,448,000
Initial Non-Federal: $7,780,000
Initial Total: $22,228,000
Renourishment Federal: $17,491,000
Renourishment Non-Federal: $17,491,000
Renourishment Total: $34,982,000
2. FLFlagler CountyDec. 23, 2014Initial Federal: $9,561,000
Initial Non-Federal: $5,149,000
Initial Total: $14,710,000
Renourishment Federal: $15,814,000
Renourishment Non-Federal: $15,815,000
Renourishment Total: $31,629,000
3. NCCarteret CountyDec. 23, 2014Initial Federal: $25,468,000
Initial Non-Federal: $13,714,000
Initial Total: $39,182,000
Renourishment Federal: $120,428,000
Renourishment Non-Federal: $120,429,000
Renourishment Total: $240,857,000
4. NJHereford Inlet to Cape May Inlet, Cape May CountyJan. 23, 2015Initial Federal: $14,823,000
Initial Non-Federal: $7,981,000
Initial Total: $22,804,000
Renourishment Federal: $43,501,000
Renourishment Non-Federal: $43,501,000
Renourishment Total: $87,002,000
5. LAWest Shore Lake PontchartrainJun. 12, 2015Federal: $483,496,650
Non-Federal: $260,344,350
Total: $743,841,000
6. CASan Diego CountyApr. 26, 2016Initial Federal: $20,953,000
Initial Non-Federal: $11,282,000
Initial Total: $32,235,000
Renourishment Federal: $70,785,000
Renourishment Non-Federal: $70,785,000
Renourishment Total: $141,570,000.
(4)

Ecosystem restoration

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. FLCentral EvergladesDec. 23, 2014Federal: $993,131,000
Non-Federal: $991,544,000
Total: $1,984,675,000
2. WASkokomish RiverDec. 14, 2015Federal: $13,168,000
Non-Federal: $7,091,000
Total: $20,259,000
3. WAPuget SoundSep. 16, 2016Federal: $300,009,000
Non-Federal: $161,543,000
Total: $461,552,000.
(5)

Flood risk management and ecosystem restoration

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. IL, WIUpper Des Plaines River and TributariesJun. 8, 2015Federal: $204,860,000
Non-Federal: $110,642,000
Total: $315,502,000.
(6)

Flood risk management, ecosystem restoration, and recreation

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. CASouth San Francisco Bay ShorelineDec. 18, 2015Federal: $70,511,000
Non-Federal: $106,689,000
Total: $177,200,000.
(7)

Ecosystem restoration and recreation

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. ORWillamette RiverDec. 14, 2015Federal: $19,531,000
Non-Federal: $10,845,000
Total: $30,376,000
2. CALos Angeles RiverDec. 18, 2015Federal: $373,413,500
Non-Federal: $1,046,893,500
Total: $1,420,307,000.
(8)

Hurricane and storm damage risk reduction and ecosystem restoration

A. StateB.
Name
C.
Date of
Report of
Chief of Engineers
D.
Estimated
Costs
1. LASouthwest Coastal LouisianaJul. 29, 2016Federal: $2,054,386,100
Non-Federal: $1,106,207,900
Total: $3,160,594,000.
(9)

Modifications and other projects

A. StateB.
Name
C.
Date of
Decision Document
D.
Estimated
Costs
1. TXUpper Trinity RiverMay 21, 2008Federal: $526,500,000
Non-Federal: $283,500,000
Total: $810,000,000
2. KS, MOTurkey Creek BasinMay 13, 2016Federal: $101,491,650
Non-Federal: $54,649,350
Total: $156,141,000
3. KYOhio River ShorelineMay 13, 2016Federal: $20,309,900
Non-Federal: $10,936,100
Total: $31,246,000
4. MOBlue River BasinMay 13, 2016Federal: $36,326,250
Non-Federal: $12,108,750
Total: $48,435,000
5. FLPicayune StrandJul. 15, 2016Federal: $313,166,000
Non-Federal: $313,166,000
Total: $626,332,000
6. MOSwope Park Industrial Area, Blue RiverJul. 15, 2016Federal: $21,033,350
Non-Federal: $11,325,650
Total: $32,359,000
7. AZRio de Flag, FlagstaffSep. 21, 2016Federal: $66,844,900
Non-Federal: $36,039,100
Total: $102,884,000
8. TXHouston Ship ChannelNov. 4, 2016Federal: $381,773,000
Non-Federal: $127,425,000
Total: $509,198,000.
1402.

Special rules

(a)

Mill Creek

The portion of the project for flood risk management, Mill Creek, Tennessee, authorized by section 1401(2) of this Act 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).

(b)

Los Angeles River

The Secretary shall carry out the project for ecosystem restoration and recreation, Los Angeles River, California, authorized by section 1401(7) of this Act substantially in accordance with terms and conditions described in the Report of the Chief of Engineers, dated December 18, 2015, including, notwithstanding section 2008(c) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the recommended cost share.

(c)

Upper Trinity River

Not more than $5,500,000 may be expended to carry out recreation features of the Upper Trinity River project, Texas, authorized by section 1401(9) of this Act.

II

Water and Waste Act of 2016

2001.

Short title

This title may be cited as the Water and Waste Act of 2016.

2002.

Definition of Administrator

In this title, the term Administrator means the Administrator of the Environmental Protection Agency.

A

Safe Drinking Water

2101.

Sense of Congress on appropriations levels

It is the sense of Congress that Congress should provide robust funding of capitalization grants to States to fund those States’ 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.).

2102.

Preconstruction work

Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)) is amended—

(1)

in the fifth sentence, by striking Of the amount and inserting the following:

(F)

Loan assistance

Of the amount

;

(2)

in the fourth sentence, by striking The funds and inserting the following:

(E)

Acquisition of real property

The funds under this section

;

(3)

in the third sentence, by striking The funds and inserting the following:

(D)

Water treatment loans

The funds under this section

;

(4)

in the second sentence, by striking Financial assistance and inserting the following:

(B)

Limitation

Financial assistance

;

(5)

in the first sentence, by striking Except and inserting the following:

(A)

In general

Except

;

(6)

in subparagraph (B) (as designated by paragraph (4)), 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

(7)

by inserting after subparagraph (B) (as designated by paragraph (4)) the following:

(C)

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.

.

2103.

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—

(1)

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting the clauses appropriately;

(2)

by striking the fifth sentence and inserting the following:

(D)

Enforcement actions

Funds used under subparagraph (B)(ii) shall not be used for enforcement actions.

;

(3)

in the fourth sentence, by striking An additional and inserting the following:

(C)

Technical assistance

An additional

;

(4)

by striking the third sentence;

(5)

in the second sentence, by striking For fiscal year and inserting the following:

(B)

Additional use of funds

For fiscal year

;

(6)

by striking the first sentence and inserting the following:

(A)

Authorization

(i)

In general

For each fiscal year, a State may use the amount described in clause (ii)—

(I)

to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this section; and

(II)

to provide technical assistance to public water systems within the State.

(ii)

Description of amount

The amount referred to in clause (i) is an amount equal to the sum of—

(I)

the amount of any fees collected by the State for use in accordance with clause (i)(I), regardless of the source; and

(II)

the greatest of—

(aa)

$400,000;

(bb)

1/5 percent of the current valuation of the fund; and

(cc)

an amount equal to 4 percent of all grant awards to the fund under this section for the fiscal year.

; and

(7)

in subparagraph (B) (as redesignated by paragraph (5))—

(A)

in clause (iv) (as redesignated by paragraph (1)), by striking 1419, and inserting 1419.; and

(B)

in the undesignated matter following clause (iv) (as redesignated by paragraph (1)), by striking if the State and all that follows through State funds..

2104.

Assistance for small and disadvantaged communities

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:

1459A.

Assistance for small and disadvantaged communities

(a)

Definition of underserved community

In this section:

(1)

In general

The term underserved community means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.

(2)

Inclusions

The term underserved community includes a political subdivision of a State that either, as determined by the Administrator—

(A)

does not have household drinking water or wastewater services; or

(B)

is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 1412, including—

(i)

a maximum contaminant level;

(ii)

a treatment technique; and

(iii)

an action level.

(b)

Establishment

(1)

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 title.

(2)

Inclusions

Projects and activities under paragraph (1) include—

(A)

investments necessary for the public water system to comply with the requirements of this title;

(B)

assistance that directly and primarily benefits the disadvantaged community on a per-household basis; and

(C)

programs to provide household water quality testing, including testing for unregulated contaminants.

(c)

Eligible entities

An eligible entity under this section—

(1)

is—

(A)

a public water system;

(B)

a water system that is located in an area governed by an Indian Tribe; or

(C)

a State, on behalf of an underserved community; and

(2)

serves a community—

(A)

that, under affordability criteria established by the State under section 1452(d)(3), is determined by the State—

(i)

to be a disadvantaged community; or

(ii)

to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or

(B)

with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).

(d)

Priority

In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.

(e)

Local participation

In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.

(f)

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, or financial capability and is not receiving such assistance under another Federal program.

(g)

Cost sharing

Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agreement with the eligible entity to require the eligible entity—

(1)

to pay not less than 45 percent of the total costs of the project or activity, which may include services, materials, supplies, or other in-kind contributions;

(2)

to provide any land, easements, rights-of-way, and relocations necessary to carry out the project or activity; and

(3)

to pay 100 percent of any operation and maintenance costs associated with the project or activity.

(h)

Waiver

The Administrator may waive, in whole or in part, the requirement under subsection (g)(1) 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.

(i)

Limitation on use of funds

Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.

(j)

Authorization of appropriations

There are authorized to be appropriated to carry out this section, $60,000,000 for each of fiscal years 2017 through 2021.

.

2105.

Reducing lead in drinking water

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is further amended by adding at the end the following:

1459B.

Reducing lead in drinking water

(a)

Definitions

In this section:

(1)

Eligible entity

The term eligible entity means—

(A)

a community water system;

(B)

a water system located in an area governed by an Indian Tribe;

(C)

a nontransient noncommunity water system;

(D)

a qualified nonprofit organization, as determined by the Administrator, servicing a public water system; and

(E)

a municipality or State, interstate, or intermunicipal agency.

(2)

Lead reduction project

(A)

In general

The term lead reduction project means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—

(i)

replacement of publicly owned lead service lines;

(ii)

testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and

(iii)

providing assistance to low-income homeowners to replace lead service lines.

(B)

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.

(3)

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 Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 1452(d)(3).

(4)

Lead service line

The term lead service line means a pipe and its fittings, which are not lead free (as defined in section 1417(d)), that connect the drinking water main to the building inlet.

(5)

Nontransient noncommunity water system

The term nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

(b)

Grant program

(1)

Establishment

The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.

(2)

Precondition

As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify—

(A)

the source of lead in the public water system that is subject to human consumption; and

(B)

the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.

(3)

Priority application

In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—

(A)

the Administrator determines, based on affordability criteria established by the State under section 1452(d)(3), to be a disadvantaged community; and

(B)

proposes to—

(i)

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 under section 1412 at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or

(ii)

address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 1458(a)(1).

(4)

Cost sharing

(A)

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.

(B)

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.

(5)

Low-income assistance

(A)

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 replace the lead service lines of such homeowners.

(B)

Limitation

The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service line.

(6)

Special consideration for lead service line replacement

In carrying out lead service line replacement using a grant under this subsection, an eligible entity—

(A)

shall notify customers of the replacement of any publicly owned portion of the lead service line;

(B)

may, 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 for that homeowner’s property;

(C)

may, in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line at a cost that is equal to the difference between—

(i)

the cost of replacement; and

(ii)

the amount of assistance available to the low-income homeowner under paragraph (5);

(D)

shall 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

(E)

shall demonstrate that the eligible entity has considered other options for reducing the concentration of lead in its drinking water, including an evaluation of options for corrosion control.

(c)

Limitation on use of funds

Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.

(d)

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.

(e)

Savings clause

Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—

(1)

subject to the control of the public water system; and

(2)

located on private property.

.

2106.

Notice to persons served

(a)

Enforcement of drinking water regulations

Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—

(1)

in the subsection heading, by striking Notice to and inserting Notice to States, the Administrator, and;

(2)

in paragraph (1)—

(A)

in subparagraph (C), by striking paragraph (2)(E) and inserting paragraph (2)(F); and

(B)

by adding at the end the following:

(D)

Notice that the public water system exceeded the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412).

;

(3)

in paragraph (2)—

(A)

in subparagraph (B)(i)(II), by striking subparagraph (D) and inserting subparagraph (E);

(B)

in subparagraph (C)—

(i)

in the subparagraph heading, by striking Violations and inserting Notice of violations or exceedances;

(ii)

in the matter preceding clause (i)—

(I)

in the first sentence, by striking violation and inserting violation, and each exceedance described in paragraph (1)(D),; and

(II)

in the second sentence, by striking violation and inserting violation or exceedance;

(iii)

by striking clause (i) and inserting the following:

(i)

be distributed as soon as practicable, but not later than 24 hours, after the public water system learns of the violation or exceedance;

;

(iv)

in clause (ii), by inserting or exceedance after violation each place it appears;

(v)

by striking clause (iii) and inserting the following:

(iii)

be provided to the Administrator and the head of the State agency that has primary enforcement responsibility under section 1413, as applicable, as soon as practicable, but not later than 24 hours after the public water system learns of the violation or exceedance; and

; and

(vi)

in clause (iv)—

(I)

in subclause (I), by striking broadcast media and inserting media, including broadcast media; and

(II)

in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper;

(C)

by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and

(D)

by inserting after subparagraph (C) the following:

(D)

Notice by the Administrator

If the State with primary enforcement responsibility or the owner or operator of a public water system has not issued a notice under subparagraph (C) for an exceedance of the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) that has the potential to have serious adverse effects on human health as a result of short-term exposure, not later than 24 hours after the Administrator is notified of the exceedance, the Administrator shall issue the required notice under that subparagraph.

;

(4)

in paragraph (3)(B), in the first sentence—

(A)

by striking subparagraph (A) and and inserting subparagraph (A),; and

(B)

by striking subparagraph (C) or (D) of paragraph (2) and inserting subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of that paragraph;

(5)

in paragraph (4)(B)—

(A)

in clause (ii), by striking the terms and inserting the terms action level,;

(B)

by striking clause (iii) and inserting the following:

(iii)

If any regulated contaminant is detected in the water purveyed by the public water system, a statement describing, as applicable—

(I)

the maximum contaminant level goal;

(II)

the maximum contaminant level;

(III)

the level of the contaminant in the water system;

(IV)

the action level for the contaminant; and

(V)

for any contaminant for which there has been a violation of the maximum contaminant level during the year concerned, a brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant, as provided by the Administrator in regulations under subparagraph (A).

; and

(C)

in the undesignated matter following clause (vi), in the second sentence, by striking subclause (IV) of clause (iii) and inserting clause (iii)(V); and

(6)

by adding at the end the following:

(5)

Exceedance of lead level at households

(A)

Strategic plan

Not later than 180 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall provide targeted outreach, education, technical assistance, and risk communication to populations affected by the concentration of lead in a public water system, including dissemination of information described in subparagraph (C).

(B)

EPA initiation of notice

(i)

Forwarding of data by employee of the agency

If the Agency develops, or receives from a source other than a State or a public water system, data that meets the requirements of section 1412(b)(3)(A)(ii) that indicates that the drinking water of a household served by a public water system contains a level of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) (referred to in this paragraph as an affected household), the Administrator shall require an appropriate employee of the Agency to forward the data, and information on the sampling techniques used to obtain the data, to the owner or operator of the public water system and the State in which the affected household is located within a time period determined by the Administrator.

(ii)

Dissemination of information by owner or operator

The owner or operator of a public water system shall disseminate to affected households the information described in subparagraph (C) within a time period established by the Administrator, if the owner or operator—

(I)

receives data and information under clause (i); and

(II)

has not, since the date of the test that developed the data, notified the affected households—

(aa)

with respect to the concentration of lead in the drinking water of the affected households; and

(bb)

that the concentration of lead in the drinking water of the affected households exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412).

(iii)

Consultation

(I)

Deadline

If the owner or operator of the public water system does not disseminate to the affected households the information described in subparagraph (C) as required under clause (ii) within the time period established by the Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner or operator of the public water system to disseminate the information, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate the information to the affected households not later than 24 hours after the end of the consultation period.

(II)

Delegation

The Administrator may only delegate the duty to consult under subclause (I) to an employee of the Agency who, as of the date of the delegation, works in the Office of Water at the headquarters of the Agency.

(iv)

Dissemination by administrator

The Administrator shall, as soon as practicable, disseminate to affected households the information described in subparagraph (C) if—

(I)

the owner or operator of the public water system does not disseminate the information to the affected households within the time period determined by the Administrator, as required by clause (ii); and

(II)
(aa)

the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under that clause; or

(bb)

the applicable Governor does not disseminate the information within 24 hours after the end of the consultation period.

(C)

Information required

The information described in this subparagraph includes—

(i)

a clear explanation of the potential adverse effects on human health of drinking water that contains a concentration of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412);

(ii)

the steps that the owner or operator of the public water system is taking to mitigate the concentration of lead; and

(iii)

the necessity of seeking alternative water supplies until the date on which the concentration of lead is mitigated.

(6)

Privacy

Any notice to the public or an affected household under this subsection shall protect the privacy of individual customer information.

.

(b)

Prohibition on use of lead pipes, solder, and flux

Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) is amended by adding at the end the following:

(f)

Public education

(1)

In general

The Administrator shall make information available to the public regarding lead in drinking water, including information regarding—

(A)

risks associated with lead in drinking water;

(B)

the conditions that contribute to drinking water containing lead in a residence;

(C)

steps that States, public water systems, and consumers can take to reduce the risks of lead in drinking water; and

(D)

the availability of additional resources that consumers can use to minimize lead exposure, including information on sampling for lead in drinking water.

(2)

Vulnerable populations

In making information available to the public under this subsection, the Administrator shall, subject to the availability of appropriations, carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.

.

2107.

Lead testing in school and child care program drinking water

(a)

In general

Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–24) is amended by striking subsection (d) and inserting the following:

(d)

Voluntary school and child care program lead testing grant program

(1)

Definitions

In this subsection:

(A)

Child care program

The term child care program has the meaning given the term early childhood education program in section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)).

(B)

Local educational agency

The term local educational agency means—

(i)

a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

(ii)

a tribal education agency (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)); and

(iii)

a person that owns or operates a child care program facility.

(2)

Establishment

(A)

In general

Not later than 180 days after the date of enactment of the Water and Waste Act of 2016, the Administrator shall establish a voluntary school and child care program lead testing grant program to make grants available to States to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the local educational agencies.

(B)

Direct grants to local educational agencies

The Administrator may make a grant for the voluntary testing described in subparagraph (A) directly available to—

(i)

any local educational agency described in clause (i) or (iii) of paragraph (1)(B) located in a State that does not participate in the voluntary grant program established under subparagraph (A); or

(ii)

any local educational agency described in clause (ii) of paragraph (1)(B).

(3)

Application

To be eligible to receive a grant under this subsection, a State or local educational agency shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

(4)

Limitation on use of funds

Not more than 4 percent of grant funds accepted by a State or local educational agency for a fiscal year under this subsection shall be used to pay the administrative costs of carrying out this subsection.

(5)

Guidance; public availability

As a condition of receiving a grant under this subsection, the recipient State or local educational agency shall ensure that each local educational agency to which grant funds are distributed shall—

(A)

expend grant funds in accordance with—

(i)

the guidance of the Environmental Protection Agency entitled 3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance and dated October 2006 (or any successor guidance); or

(ii)

applicable State regulations or guidance regarding reducing lead in drinking water in schools and child care programs that are not less stringent than the guidance referred to in clause (i); and

(B)
(i)

make available, if applicable, in the administrative offices and, to the extent practicable, on the Internet website of the local educational agency for inspection by the public (including teachers, other school personnel, and parents) a copy of the results of any voluntary testing for lead contamination in school and child care program drinking water carried out using grant funds under this subsection; and

(ii)

notify parent, teacher, and employee organizations of the availability of the results described in clause (i).

(6)

Maintenance of effort

If resources are available to a State or local educational agency from any other Federal agency, a State, or a private foundation for testing for lead contamination in drinking water, the State or local educational agency shall demonstrate that the funds provided under this subsection will not displace those resources.

(7)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2017 through 2021.

.

(b)

Repeal

Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j–25) is repealed.

2108.

Water supply cost savings

(a)

Drinking water technology clearinghouse

The Administrator, in consultation with the Secretary of Agriculture, shall—

(1)

develop a technology clearinghouse for information on the cost-effectiveness of innovative and alternative drinking water delivery systems, including wells and well systems; and

(2)

disseminate such information to the public and to communities and not-for-profit organizations seeking Federal funding for drinking water delivery systems serving 500 or fewer persons.

(b)

Water system assessment

In any application for a grant or loan for the purpose of construction, replacement, or rehabilitation of a drinking water delivery system serving 500 or fewer persons, the funding for which would come from the Federal Government (either directly or through a State), a unit of local government or not-for-profit organization shall self-certify that the unit of local government or organization has considered, as an alternative drinking water supply, drinking water delivery systems sourced by publicly owned—

(1)

individual wells;

(2)

shared wells; and

(3)

community wells.

(c)

Report to Congress

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes—

(1)

the use of innovative and alternative drinking water delivery systems described in this section;

(2)

the range of cost savings for communities using innovative and alternative drinking water delivery systems described in this section; and

(3)

the use of drinking water technical assistance programs operated by the Administrator and the Secretary of Agriculture.

2109.

Innovation in the provision of safe drinking water

(a)

Innovative water technologies

Section 1442(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–1(a)(1)) is amended—

(1)

in subparagraph (D), by striking ; and and inserting a semicolon;

(2)

by striking the period at the end of subparagraph (E) and inserting ; and; and

(3)

by adding at the end the following new subparagraph: