[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4367 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 4367
_______________________________________________________________________
AN ACT
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomas R. Carper
Water Resources Development Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--GENERAL PROVISIONS
Sec. 101. Notice to Congress regarding WRDA implementation.
Sec. 102. Prior guidance.
Sec. 103. Ability to pay.
Sec. 104. Federal interest determinations.
Sec. 105. Annual report to Congress.
Sec. 106. Processing timelines.
Sec. 107. Services of volunteers.
Sec. 108. Support of Army civil works missions.
Sec. 109. Inland waterway projects.
Sec. 110. Leveraging Federal infrastructure for increased water supply.
Sec. 111. Outreach and access.
Sec. 112. Model development.
Sec. 113. Planning assistance for States.
Sec. 114. Corps of Engineers Levee Owners Advisory Board.
Sec. 115. Silver Jackets program.
Sec. 116. Tribal partnership program.
Sec. 117. Tribal project implementation pilot program.
Sec. 118. Eligibility for inter-Tribal consortiums.
Sec. 119. Sense of Congress relating to the management of recreation
facilities.
Sec. 120. Expedited consideration.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Vertical integration and acceleration of studies.
Sec. 203. Expedited completion.
Sec. 204. Expedited completion of other feasibility studies.
Sec. 205. Alexandria to the Gulf of Mexico, Louisiana, feasibility
study.
Sec. 206. Craig Harbor, Alaska.
Sec. 207. Sussex County, Delaware.
Sec. 208. Forecast-informed reservoir operations in the Colorado River
Basin.
Sec. 209. Beaver Lake, Arkansas, reallocation study.
Sec. 210. Gathright Dam, Virginia, study.
Sec. 211. Delaware Inland Bays Watershed Study.
Sec. 212. Upper Susquehanna River Basin comprehensive flood damage
reduction feasibility study.
Sec. 213. Kanawha River Basin.
Sec. 214. Authorization of feasibility studies for projects from CAP
authorities.
Sec. 215. Port Fourchon Belle Pass channel, Louisiana.
Sec. 216. Studies for modification of project purposes in the Colorado
River Basin in Arizona.
Sec. 217. Non-Federal interest preparation of water reallocation
studies, North Dakota.
Sec. 218. Technical correction, Walla Walla River.
Sec. 219. Watershed and river basin assessments.
Sec. 220. Independent peer review.
Sec. 221. Ice jam prevention and mitigation.
Sec. 222. Report on hurricane and storm damage risk reduction design
guidelines.
Sec. 223. Briefing on status of certain activities on the Missouri
River.
Sec. 224. Report on material contaminated by a hazardous substance and
the civil works program.
Sec. 225. Report on efforts to monitor, control, and eradicate invasive
species.
Sec. 226. J. Strom Thurmond Lake, Georgia.
Sec. 227. Study on land valuation procedures for the Tribal Partnership
Program.
Sec. 228. Report to Congress on levee safety guidelines.
Sec. 229. Public-private partnership user's guide.
Sec. 230. Review of authorities and programs for alternative project
delivery.
Sec. 231. Report to Congress on emergency response expenditures.
Sec. 232. Excess land report for certain projects in North Dakota.
Sec. 233. GAO studies.
Sec. 234. Prior reports.
Sec. 235. Briefing on status of Cape Cod Canal Bridges, Massachusetts.
Sec. 236. Virginia Peninsula coastal storm risk management, Virginia.
Sec. 237. Allegheny River, Pennsylvania.
Sec. 238. New York and New Jersey Harbor and Tributaries Focus Area
Feasibility Study.
Sec. 239. Matagorda Ship Channel, Texas.
Sec. 240. Matagorda Ship Channel Improvement Project, Texas.
Sec. 241. Assessment of impacts from changing construction
responsibilities.
Sec. 242. Deadline for previously required list of covered projects.
Sec. 243. Cooperation authority.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 301. Deauthorizations.
Sec. 302. Environmental infrastructure.
Sec. 303. Pennsylvania environmental infrastructure.
Sec. 304. Acequias irrigation systems.
Sec. 305. Oregon environmental infrastructure.
Sec. 306. Kentucky and West Virginia environmental infrastructure.
Sec. 307. Lake Champlain Watershed, Vermont and New York.
Sec. 308. Ohio and North Dakota.
Sec. 309. Southern West Virginia.
Sec. 310. Northern West Virginia.
Sec. 311. Ohio, Pennsylvania, and West Virginia.
Sec. 312. Western rural water.
Sec. 313. Continuing authorities programs.
Sec. 314. Small project assistance.
Sec. 315. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 316. Mamaroneck-Sheldrake Rivers, New York.
Sec. 317. Lowell Creek Tunnel, Alaska.
Sec. 318. Selma flood risk management and bank stabilization.
Sec. 319. Illinois River basin restoration.
Sec. 320. Hawaii environmental restoration.
Sec. 321. Connecticut River Basin invasive species partnerships.
Sec. 322. Expenses for control of aquatic plant growths and invasive
species.
Sec. 323. Corps of Engineers Asian carp prevention pilot program.
Sec. 324. Extension for certain invasive species programs.
Sec. 325. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial
damage, Alaska.
Sec. 326. Rehabilitation of Corps of Engineers constructed dams.
Sec. 327. Ediz Hook Beach Erosion Control Project, Port Angeles,
Washington.
Sec. 328. Sense of Congress relating to certain Louisiana hurricane and
coastal storm damage risk reduction
projects.
Sec. 329. Chesapeake Bay Oyster Recovery Program.
Sec. 330. Bosque wildlife restoration project.
Sec. 331. Expansion of temporary relocation assistance pilot program.
Sec. 332. Wilson Lock floating guide wall.
Sec. 333. Delaware Inland Bays and Delaware Bay Coast Coastal Storm
Risk Management Study.
Sec. 334. Upper Mississippi River Plan.
Sec. 335. Rehabilitation of pump stations.
Sec. 336. Navigation along the Tennessee-Tombigbee Waterway.
Sec. 337. Garrison Dam, North Dakota.
Sec. 338. Sense of Congress relating to Missouri River priorities.
Sec. 339. Soil moisture and snowpack monitoring.
Sec. 340. Contracts for water supply.
Sec. 341. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 342. Delaware Coastal System Program.
Sec. 343. Maintenance of pile dike system.
Sec. 344. Conveyances.
Sec. 345. Emergency drought operations pilot program.
Sec. 346. Rehabilitation of existing levees.
Sec. 347. Non-Federal implementation pilot program.
Sec. 348. Harmful algal bloom demonstration program.
Sec. 349. Sense of Congress relating to Mobile Harbor, Alabama.
Sec. 350. Sense of Congress relating to Port of Portland, Oregon.
Sec. 351. Chattahoochee River Program.
Sec. 352. Additional projects for underserved community harbors.
Sec. 353. Winooski River tributary watershed.
Sec. 354. Waco Lake, Texas.
Sec. 355. Seminole Tribal claim extension.
Sec. 356. Coastal erosion project, Barrow, Alaska.
Sec. 357. Colebrook River Reservoir, Connecticut.
Sec. 358. Sense of Congress relating to shallow draft dredging in the
Chesapeake Bay.
Sec. 359. Replacement of Cape Cod Canal bridges.
Sec. 360. Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.
Sec. 361. Flexibilities for certain hurricane and storm damage risk
reduction projects.
TITLE IV--PROJECT AUTHORIZATIONS
Sec. 401. Project authorizations.
Sec. 402. Facility investment.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. NOTICE TO CONGRESS REGARDING WRDA IMPLEMENTATION.
(a) Plan of Implementation.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop a plan for
implementing this Act and the amendments made by this Act.
(2) Requirements.--In developing the plan under paragraph
(1), the Secretary shall--
(A) identify each provision of this Act (or an
amendment made by this Act) that will require--
(i) the development and issuance of
guidance, including whether that guidance will
be significant guidance;
(ii) the development and issuance of a
rule; or
(iii) appropriations;
(B) develop timelines for the issuance of--
(i) any guidance described in subparagraph
(A)(i); and
(ii) each rule described in subparagraph
(A)(ii); and
(C) establish a process to disseminate information
about this Act and the amendments made by this Act to
each District and Division Office of the Corps of
Engineers.
(3) Transmittal.--On completion of the plan under paragraph
(1), the Secretary shall transmit the plan 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) Implementation of Prior Water Resources Development Laws.--
(1) Definition of prior water resources development law.--
In this subsection, the term ``prior water resources
development law'' means each of the following (including the
amendments made by any of the following):
(A) The Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2572).
(B) The Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1041).
(C) The Water Resources Reform and Development Act
of 2014 (Public Law 113-121; 128 Stat. 1193).
(D) The Water Infrastructure Improvements for the
Nation Act (Public Law 114-322; 130 Stat. 1628).
(E) The America's Water Infrastructure Act of 2018
(Public Law 115-270; 132 Stat. 3765).
(F) Division AA of the Consolidated Appropriations
Act, 2021 (Public Law 116-260; 134 Stat. 2615).
(G) Title LXXXI of division H of the James M.
Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 3691).
(2) Notice.--
(A) In general.--Not later than 60 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
written notice of the status of efforts by the
Secretary to implement the prior water resources
development laws.
(B) Contents.--
(i) In general.--As part of the notice
under subparagraph (A), the Secretary shall
include a list describing each provision of a
prior water resources development law that has
not been fully implemented as of the date of
submission of the notice.
(ii) Additional information.--For each
provision included on the list under clause
(i), the Secretary shall--
(I) establish a timeline for
implementing the provision;
(II) provide a description of the
status of the provision in the
implementation process; and
(III) provide an explanation for
the delay in implementing the
provision.
(3) Briefings.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, and every 90 days
thereafter until the Chairs of the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives determine that this Act, the
amendments made by this Act, and prior water resources
development laws are fully implemented, the Secretary
shall provide to relevant congressional committees a
briefing on the implementation of this Act, the
amendments made by this Act, and prior water resources
development laws.
(B) Inclusions.--A briefing under subparagraph (A)
shall include--
(i) updates to the implementation plan
under subsection (a); and
(ii) updates to the written notice under
paragraph (2).
(c) Additional Notice Pending Issuance.--Not later than 30 days
before issuing any guidance, rule, notice in the Federal Register, or
other documentation required to implement this Act, an amendment made
by this Act, or a prior water resources development law (as defined in
subsection (b)(1)), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
written notice regarding the pending issuance.
(d) Wrda Implementation Team.--
(1) Definitions.--In this subsection:
(A) Prior water resources development law.--The
term ``prior water resources development law'' has the
meaning given the term in subsection (b)(1).
(B) Team.--The term ``team'' means the Water
Resources Development Act implementation team
established under paragraph (2).
(2) Establishment.--The Secretary shall establish a Water
Resources Development Act implementation team that shall
consist of current employees of the Federal Government,
including--
(A) not fewer than 2 employees in the Office of the
Assistant Secretary of the Army for Civil Works;
(B) not fewer than 2 employees at the headquarters
of the Corps of Engineers; and
(C) a representative of each district and division
of the Corps of Engineers.
(3) Duties.--The team shall be responsible for assisting
with the implementation of this Act, the amendments made by
this Act, and prior water resources development laws,
including--
(A) performing ongoing outreach to--
(i) Congress; and
(ii) employees and servicemembers stationed
in districts and divisions of the Corps of
Engineers to ensure that all Corps of Engineers
employees are aware of and implementing
provisions of this Act, the amendments made by
this Act, and prior water resources development
laws, in a manner consistent with congressional
intent;
(B) identifying any issues with implementation of a
provision of this Act, the amendments made by this Act,
and prior water resources development laws at the
district, division, or national level;
(C) resolving the issues identified under
subparagraph (B), in consultation with Corps of
Engineers leadership and the Secretary; and
(D) ensuring that any interpretation developed as a
result of the process under subparagraph (C) is
consistent with congressional intent for this Act, the
amendments made by this Act, and prior water resources
development laws.
SEC. 102. PRIOR GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue the guidance required pursuant to each of the
following provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(2) Section 8136 of the Water Resources Development Act of
2022 (10 U.S.C. 2667 note; Public Law 117-263).
SEC. 103. ABILITY TO PAY.
(a) Implementation.--The Secretary shall expedite any guidance or
rulemaking necessary to the implementation of section 103(m) of the
Water Resources Development Act 1986 (33 U.S.C. 2213(m)) to address
ability to pay.
(b) Ability to Pay.--Section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) is amended by adding the
end the following:
``(5) Congressional notification.--
``(A) In general.--The Secretary shall annually
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives written
notification of determinations made by the Secretary of
the ability of non-Federal interests to pay under this
subsection.
``(B) Contents.--In preparing the written
notification under subparagraph (A), the Secretary
shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest
that submitted to the Secretary a request for a
determination under this subsection;
``(ii) the name and location of the