[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 612 Enrolled Bill (ENR)]
S.612
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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.--

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TITLE I

-WATER RESOURCES DEVELOPMENT

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Subtitle C--Deauthorizations, Modifications, and Related Provisions

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Subtitle D--Water Resources Infrastructure

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TITLE II

-WATER AND WASTE ACT OF 2016

Subtitle B--Drinking Water Disaster Relief and Infrastructure
Investments

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Subtitle C--Control of Coal Combustion Residuals

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

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TITLE III

-NATURAL RESOURCES

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

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between the United States and the Weber Basin Water
Conservancy District.
Subtitle D--Pechanga Water Rights Settlement

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Subtitle E--Delaware River Basin Conservation

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Settlement.
Subtitle G--Blackfeet Water Rights Settlement

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

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Act of 1990.
Subtitle J--California Water

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

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In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions

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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.''.

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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)).

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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.''.

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(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).

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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''.

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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.

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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''.

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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.''.

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The Secretary is authorized to maintain federally authorized
harbors of refuge to restore and maintain the authorized dimensions of
the harbors.

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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.''.

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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''.

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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.''.

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(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.

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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.''.

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(a) In General.--Section 215 of the Water Resources Development Act
of 2000 (33 U.S.C. 2326c) is amended to read as follows:
``SEC. 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.''.

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(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.

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(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).

3b18d7e52f3fec13c264b1649b172f9f048d92acdfde03e27c36812f4e0caeb7

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.

9f746b9ae33c13c26689431d195194af790888794516ff25d5e01abf807fcc89

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)).''.

4bd3c5b432969705ffb5a4e5c4d642a635266963caa58d043258950ce2e95af7

(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.

2724a4c50cd55dc45496ad8c28cb4715d5ad581c555ea93023fff97db2c50f09

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.''.

0cac06ff941e2c873350e00d590c1d515701451c7885233c51f0e2707ea1a4ed

(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''.

fa2a6f5c48d4efa862032739d6026a1961d5c91744a18c0fa438ad6c38906669

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

7fc1d2f470d67ade2a68426d6ce90e495885bf3e950a5ff90756860a064c13d0

(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).

a738d5b9cfe34f95dd7771baf6bad308d168731ac157702e6dbf0c74a406186c

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''.

32a1ac525105a0ba8906c586bd4cf6227d067a4bdbfa2099f3b387e51827b040

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.''.

919a32ef11bdbeebfe48fb681ec26c268a967a9a2868ed5ce635764203949e54

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.''.

e84f03d95fd3db23910af8fb67c6d06d3c9ac6b332a2143aace62e01be12e9eb

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).''.

c5537e38c661ddfd694d39dee4a495a88491c5b441abcfe39028bfd264b64ae7

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).''.

7966bdbba34153ccc0ddba42bd6dfabd79efd85967c5ba35c2aeaa951cb57fe1

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''.

33eb7b28fbd142caad96e9cb3a050e3c601dd24be5f98f39c02a36446ae626ac

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''.

aae930526ed3e4a4cbd9465d0581b1dd6991e3376f9e9ddc06c97ea8280b449b

(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.

28a8ae27eecc7399a257f858648679aa968504454c2952eb0f3742048b84ddc8

(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.

118cf793ffea930be2bb60e64ad85fd15f5d390f1d47c6e73a864901ffcac274

(a) In General.--Section 2040 of the Water Resources Development
Act of 2007 (33 U.S.C. 2345) is amended to read as follows:
``SEC. 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.''.

b48189c775c522e9aa2ada8ff8bf0d6656d141d9960a2a09bd3fff11100015f5

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

ab038f14e8ff98a33c77d832dcf438aff81f55bd7168221951524a012dd4d624

(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,''.

661dc2f903f851a2ef9e989b72790d84a52f662774852a885cd0f01d80c50bf7

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.''.

6cbe8e862ad36c11cb254439582b1799d68c478cbc6fd4eae6b77770c8f9e21b

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.''.

33e9b1e91c48c4f4896140e6ec7a201959451743e706f152cf5441dd4ca75249

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.

c0d17b3915a428751505b93a826913af273f9c446be50a4324dc9f04e72dff63

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.''.

efbcd7e8fdacdb460cd329b4e1f22d0b2368a0740a2fa5ded9a098820657d628

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''.

ec4740671c189310d6e24ea697c5c121e06427764804cf2723df784f14e92bd4

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.''.

ce0833ca39e818feee06471d2d5ae26e8049fc1b975b84ad5f4a897199ecce57

(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.

9e4c5911ad9a138af389e5645bf05b1466a88a7c06c49eb57fd3301814aa3e1e

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.

f193e03837ef525c2dbf19499054bc641cddeabd427d05aecbb53ff18c26033a

(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).

9584ad97485472ad71b726fce2d2ffe1fc8aa78265258db450551571bced3f0f

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.

caf410f6c530961caa4062f4bb15c80eec8ec4d168cd112c1668c262750e6376

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).

ecd8c334a7668a1c913ed22cbf8dd95525d9729d855771f3e5862c3cc0900b74

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.''.

88c6822259ff5a258f8b241ec03d5e7f5101c99f0baec56c7a2b8e5e7c9b2508

(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.

b2c12fcac9c7ef78cc1103c9698fc2a71a3baf410eed6111829aab36d198a2a5

(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.

36c9dff1c7500bce414dc1fc095945e1df37ce52e36700b42ba05d97181cd881

(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.

249b97e38555ca0603e931bea0339aa28075253e87dc6d317e44194302fc1418

(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.

3d7354b4436258441022ea93ee41d04ed274610eb62f8dc6e406f3c4eec1ba9d

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''.

23f7d3828ba321093d6dde691ae345c6aea8cefd41d7d45ee8f8fb6f827da4f2

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''.

d67825956f680f186467251e9c3d4ad6e65449ced1ec7b54c9ce1daff7bb3569

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.''.

55cc324c07579970ec3f286d2cec6d4d58b19d3dc57415a4c4733d1e12770bf8

(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.''.

4361112d2655937c83af2364aa5b1c1d69f6e1efc685ad7a67b431cfb1568e30

(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.''.

6e6e32110fb9c5b48ddf3c6b0b88ed1d71dde18991a5c13ae40176a3092af926

(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.

1dfbbfd9b8feddcbb5933d4dc6ed78ea6c5a4518f5a2b5a0d2d55ae0d070c717

(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.

3aa01e4dc9d4f81dc915d2ab4452622a4d8e06cf4eb9d3b2577781087719abd7

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.''.

5fcf8c6cf182a6e299f688bc372a76e5ac67fe98816fbba1b2315c8c1824b86d

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).''.

037564d6a51da53e969240189044541d5fba996e04aa05c290662150348264dc

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.''.

87817160ee56da9287782b620b93b8cb0dfe1770a27d599475ecf16df735cef1

WIIN Act — S. 612

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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