S. 612 (114^th): WIIN Act

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

determining the general structural condition of each breakwater and jetty;

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

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.

provide equipment at no cost to the Federal Government; and

hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.

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

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

improved reliability and safety for navigation; and

cost savings to the Federal Government.

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

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.

Stormwater capture.

Releases for ground water replenishment or aquifer storage and recovery.

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

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

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

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

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

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

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

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);

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

supersedes or 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;

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

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

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

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

modification of the project;

modification of how the project is managed; or

accessing water released from the project.

increasing the storage capacity of the project;

diversion of water released or withdrawn from the project—

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

construction of facilities to access water; and

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

reallocates existing water supply or hydropower storage; or

reduces water available for any authorized project purpose.

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.

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—

the specific authorization for the water resources development project;

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

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

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

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

interferes with an authorized purpose of the project;

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

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

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

if a project is subject to section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress.

In general

Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government.

Planning assistance to States

In the case of a proposal from an entity authorized to receive assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a).

Operation and maintenance costs

the Upper Missouri River;

the Apalachicola-Chattahoochee-Flint river system;

the Alabama-Coosa-Tallapoosa river system; and

the Stones River.

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.

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.

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.

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

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

reducing storm damage to property and infrastructure;

promoting public safety;

protecting, restoring, and creating aquatic ecosystem habitats;

stabilizing stream systems and enhancing shorelines;

promoting recreation;

supporting risk management adaptation strategies; and

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

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

consult with relevant State agencies in selecting projects; and

select projects solely on the basis of—

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.

Composition

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

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

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;

fosters Federal, State, and local collaboration;

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

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

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).

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.

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

documentation supporting each of the projects selected;

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

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

in subsection (a)(1)—

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

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

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

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

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

by inserting after paragraph (11) the following:

in subsection (a)—

in subsection (c)—

in subsection (c)—

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;

in subsection (g)—

in subsection (h)—

in subsection (a)(1)—

in subsection (c)—

in subsection (d)—

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

shall be submitted, upon completion, to—

review the report; and

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

a general reevaluation report;

a limited reevaluation report; and

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

the volume of dredged material removed;

the initial cost estimate of the Corps of Engineers;

the total cost;

the party and vessel carrying out the work; and

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

Hurricane Katrina in 2005;

the Deepwater Horizon oil spill in 2010; and

floods in 2011 and 2016.

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;

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

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.

is federally marked or maintained;

is part of the Atlantic Intracoastal Waterway; and

is adjacent to a marina.

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

universities;

Federal, State, and local agencies; and

private organizations.

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.

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.

response to flood and earthquake events;

predisaster mitigation measures;

lengthening the useful life of the infrastructure; and

identifying risks due to sea level rise.

consult with academic and other experts; and

consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.

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.

Department

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

Human remains

The term human remains means the human remains that—

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.

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

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

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.

In general

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

Secretary

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

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

by adding at the end the following:

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—

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.

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

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.

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

carry out such construction and infrastructure improvements as are required to support the headquarters and related installations and facilities of the Buffalo District of the Corps of Engineers, including any necessary demolition or renovation of the existing infrastructure.

In general

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

Contents

The study under paragraph (1) shall identify—

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

for which construction was completed before 1940;

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

that is operated by a non-Federal entity.

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

to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.

in subsection (d)—

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

Assistance authorized

Study of impacts of John Day Dam, Oregon

The Secretary shall—

Definition of sediment management plan

In this subsection, the term sediment management plan means a plan for preventing sediment from reducing water storage capacity at a reservoir and increasing water storage capacity through sediment removal at a reservoir.

Upper Missouri River Basin pilot program

The Secretary shall carry out a pilot program for the development and implementation of sediment management plans for reservoirs owned and operated by the Secretary in the Upper Missouri River Basin, on request by project beneficiaries.

Plan elements

A sediment management plan under paragraph (2) shall—

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.

Contributed funds

The Secretary may accept funds from non-Federal interests and other Federal agencies to develop and implement a sediment management plan under this subsection.

Guidance

The Secretary shall use the knowledge gained through the development and implementation of sediment management plans under paragraph (2) to develop guidance for sediment management at other reservoirs.

Partnership with Secretary of the Interior

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).

in the section heading by inserting program after restoration;

in subsection (b)—

in subsection (c) by striking pilot.

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

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

by inserting after paragraph (2) the following:

In general

The Secretary shall convene an interagency working group on resilience to extreme weather, which will coordinate research, data, and Federal investments related to sea level rise, resiliency, and vulnerability to extreme weather, including coastal resilience.

Consultation

The interagency working group convened under paragraph (1) shall participate in any activity carried out by an organization authorized by a State to study and issue recommendations on how to address the impacts on Federal assets of recurrent flooding and sea level rise, including providing consultation regarding policies, programs, studies, plans, and best practices relating to recurrent flooding and sea level rise in areas with significant Federal assets.

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—

Cooperation

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

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

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

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.

Natural feature

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

Nature-based feature

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

natural features;

nature-based features;

nonstructural measures; and

structural measures.

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).

Contents

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

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

shall finalize the revision for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan during the 2-year period beginning on the date of enactment of this Act.

In general

Not later than 120 days after the date of enactment of this Act, the Secretary shall establish an oversight committee (referred to in this subsection as the Committee).

Purposes

The purposes of the Committee shall be—

Membership

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

Study

The Secretary shall—

In general

The Secretary shall conduct a study to determine the feasibility of modifying the projects for flood risk management, Tulsa and West Tulsa, Oklahoma, authorized by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377).

Requirements

In 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.

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.

Review

The Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and the Ohio Riverfront Study, Cincinnati, Ohio, dated August 2002, to determine the feasibility of carrying out flood risk reduction, ecosystem restoration, and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) as a second phase of that project.

Authorization

The project authorized under section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) is modified to authorize the Secretary to undertake the additional flood risk reduction and ecosystem restoration components described in paragraph (1), at a total cost of $30,000,000, if the Secretary determines that the additional flood risk reduction, ecosystem restoration, and recreation components, considered together, are feasible.

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);

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

by adding at the end the following:

conduct a comprehensive analysis of current hurricane and storm damage reduction measures with an emphasis on regional sediment management practices to sustainably maintain or enhance current levels of storm protection;

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

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

develop a long-term strategy for—

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

identify risks and vulnerabilities in the areas affected by flooding;

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

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;

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

develop a long-term strategy for—

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

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

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

In general

The Secretary shall develop an interim deauthorization list that identifies—

Public comment and consultation

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—

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).

Deauthorization amount

Identification of projects

Public comment and consultation

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—

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.

Non-Federal contributions

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.

Definitions

In this section, the following definitions apply:

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.

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—

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).

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

a description of the reasons the projects were not completed;

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

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

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

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

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

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

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

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

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).

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).

Federal liability

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

Cultural and environmental regulatory actions

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

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.

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.

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

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

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.

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:

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:

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:

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:

consistent with this section; and

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

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.

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.

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—

Green River Lock and Dam 6

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—

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.

Quitclaim deed

A conveyance under paragraph (1), (2), (4), or (5) of subsection (b) shall be accomplished by quitclaim deed and without consideration.

Administrative costs

The Secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this section, including the costs of a survey carried out under paragraph (1).

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.

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.

Conditions

The land transfer under this subsection shall be subject to the following conditions:

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.

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.

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

all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of—

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

New Savannah Bluff Lock and Dam

The term New Savannah Bluff Lock and Dam means—

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).

In general

Effective beginning on the date of enactment of this Act—

Repeal

Section 348 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 Stat. 2763A–228) is amended—

In general

Notwithstanding any other provision of law, the Project is modified to include, as the Secretary determines to be necessary—

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.

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.

In general

The project for navigation, Pearl River, Mississippi and Louisiana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and section 101 of the River and Harbor Act of 1966 (Public Law 89–789; 80 Stat. 1405), is no longer authorized as a Federal project beginning on the date of enactment of this Act.

Transfer

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.

In general

The Secretary is authorized to convey to the lessee, at full fair market value, all right, title, and interest of the United Sates in and to the property identified in the leases numbered DACW38–1–15–7, DACW38–1–15–33, DACW38–1–15–34, and DACW38–1–15–38, subject to such terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States.

Easement and restrictive covenant

The conveyance under paragraph (1) shall include—

In general

Notwithstanding the Act of June 28, 1938 (52 Stat. 1215, chapter 795), as amended by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwithstanding section 3 of the Act of July 31, 1946 (60 Stat. 744, chapter 710), the Secretary shall convey, by quitclaim deed and without consideration, to the Grand River Dam Authority, an agency of the State of Oklahoma, for flood control purposes, all right, title, and interest of the United States in and to real property under the administrative jurisdiction of the Secretary acquired in connection with the Pensacola Dam project, together with any improvements on the property.

Flood control purposes

If any interest in the real property described in paragraph (1) ceases to be managed for flood control or other public purposes and is conveyed to a nonpublic entity, the transferee, as part of the conveyance, shall pay to the United States the fair market value for the interest.

No effect

Nothing in this subsection—

in subsection (a)—

in subsection (b)—

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:

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):

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.

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:

in the subsection heading, by striking Notice to and inserting Notice to States, the Administrator, and;

in paragraph (1)—

in paragraph (2)—

in paragraph (3)(B), in the first sentence—

in paragraph (4)(B)—

by adding at the end the following:

develop a technology clearinghouse for information on the cost-effectiveness of innovative and alternative drinking water delivery systems, including wells and well systems; and

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.

individual wells;

shared wells; and

community wells.

the use of innovative and alternative drinking water delivery systems described in this section;

the range of cost savings for communities using innovative and alternative drinking water delivery systems described in this section; and

the use of drinking water technical assistance programs operated by the Administrator and the Secretary of Agriculture.

in subparagraph (D), by striking ; and and inserting a semicolon;

by striking the period at the end of subparagraph (E) and inserting ; and; and

by adding at the end the following new subparagraph: