[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4367 Reported in Senate (RS)]
<DOC>
Calendar No. 401
118th CONGRESS
2d Session
S. 4367
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2024
Mr. Carper (for himself, Mrs. Capito, Mr. Kelly, and Mr. Cramer)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
May 22, 2024
Reported by Mr. Carper, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2024''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition of Secretary.
<DELETED>Sec. 3. Effective date.
<DELETED>TITLE I--GENERAL PROVISIONS
<DELETED>Sec. 101. Notice to Congress regarding WRDA implementation.
<DELETED>Sec. 102. Prior guidance.
<DELETED>Sec. 103. Ability to pay.
<DELETED>Sec. 104. Federal interest determinations.
<DELETED>Sec. 105. Annual report to Congress.
<DELETED>Sec. 106. Processing timelines.
<DELETED>Sec. 107. Services of volunteers.
<DELETED>Sec. 108. Support of Army civil works missions.
<DELETED>Sec. 109. Inland waterway projects.
<DELETED>Sec. 110. Leveraging Federal infrastructure for increased
water supply.
<DELETED>Sec. 111. Outreach and access.
<DELETED>Sec. 112. Model development.
<DELETED>Sec. 113. Planning assistance for States.
<DELETED>Sec. 114. Corps of Engineers Levee Owners Advisory Board.
<DELETED>Sec. 115. Silver Jackets program.
<DELETED>Sec. 116. Tribal partnership program.
<DELETED>Sec. 117. Tribal project implementation pilot program.
<DELETED>Sec. 118. Eligibility for inter-Tribal consortiums.
<DELETED>Sec. 119. Sense of Congress relating to the management of
recreation facilities.
<DELETED>TITLE II--STUDIES AND REPORTS
<DELETED>Sec. 201. Authorization of proposed feasibility studies.
<DELETED>Sec. 202. Vertical integration and acceleration of studies.
<DELETED>Sec. 203. Expedited completion.
<DELETED>Sec. 204. Expedited completion of other feasibility studies.
<DELETED>Sec. 205. Alexandria to the Gulf of Mexico, Louisiana,
feasibility study.
<DELETED>Sec. 206. Craig Harbor, Alaska.
<DELETED>Sec. 207. Sussex County, Delaware.
<DELETED>Sec. 208. Forecast-informed reservoir operations in the
Colorado River Basin.
<DELETED>Sec. 209. Beaver Lake, Arkansas, reallocation study.
<DELETED>Sec. 210. Gathright Dam, Virginia, study.
<DELETED>Sec. 211. Delaware Inland Bays Watershed Study.
<DELETED>Sec. 212. Upper Susquehanna River Basin comprehensive flood
damage reduction feasibility study.
<DELETED>Sec. 213. Kanawha River Basin.
<DELETED>Sec. 214. Authorization of feasibility studies for projects
from CAP authorities.
<DELETED>Sec. 215. Port Fourchon Belle Pass channel, Louisiana.
<DELETED>Sec. 216. Studies for modification of project purposes in the
Colorado River Basin in Arizona.
<DELETED>Sec. 217. Non-Federal interest preparation of water
reallocation studies, North Dakota.
<DELETED>Sec. 218. Technical correction, Walla Walla River.
<DELETED>Sec. 219. Watershed and river basin assessments.
<DELETED>Sec. 220. Independent peer review.
<DELETED>Sec. 221. Ice jam prevention and mitigation.
<DELETED>Sec. 222. Report on hurricane and storm damage risk reduction
design guidelines.
<DELETED>Sec. 223. Briefing on status of certain activities on the
Missouri River.
<DELETED>Sec. 224. Report on material contaminated by a hazardous
substance and the civil works program.
<DELETED>Sec. 225. Report on efforts to monitor, control, and eradicate
invasive species.
<DELETED>Sec. 226. J. Strom Thurmond Lake, Georgia.
<DELETED>Sec. 227. Study on land valuation procedures for the Tribal
Partnership Program.
<DELETED>Sec. 228. Report to Congress on levee safety guidelines.
<DELETED>Sec. 229. Public-private partnership user's guide.
<DELETED>Sec. 230. Review of authorities and programs for alternative
project delivery.
<DELETED>Sec. 231. Report to Congress on emergency response
expenditures.
<DELETED>Sec. 232. Excess land report for certain projects in North
Dakota.
<DELETED>Sec. 233. GAO studies.
<DELETED>Sec. 234. Prior reports.
<DELETED>Sec. 235. Briefing on status of Cape Cod Canal Bridges,
Massachusetts.
<DELETED>TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED
PROVISIONS
<DELETED>Sec. 301. Deauthorizations.
<DELETED>Sec. 302. Environmental infrastructure.
<DELETED>Sec. 303. Pennsylvania environmental infrastructure.
<DELETED>Sec. 304. Acequias irrigation systems.
<DELETED>Sec. 305. Oregon environmental infrastructure.
<DELETED>Sec. 306. Kentucky and West Virginia environmental
infrastructure.
<DELETED>Sec. 307. Lake Champlain Watershed, Vermont and New York.
<DELETED>Sec. 308. Ohio and North Dakota.
<DELETED>Sec. 309. Southern West Virginia.
<DELETED>Sec. 310. Northern West Virginia.
<DELETED>Sec. 311. Ohio, Pennsylvania, and West Virginia.
<DELETED>Sec. 312. Western rural water.
<DELETED>Sec. 313. Continuing authorities programs.
<DELETED>Sec. 314. Small project assistance.
<DELETED>Sec. 315. Great Lakes and Mississippi River Interbasin
project, Brandon Road, Will County,
Illinois.
<DELETED>Sec. 316. Mamaroneck-Sheldrake Rivers, New York.
<DELETED>Sec. 317. Lowell Creek Tunnel, Alaska.
<DELETED>Sec. 318. Selma flood risk management and bank stabilization.
<DELETED>Sec. 319. Illinois River basin restoration.
<DELETED>Sec. 320. Hawaii environmental restoration.
<DELETED>Sec. 321. Connecticut River Basin invasive species
partnerships.
<DELETED>Sec. 322. Expenses for control of aquatic plant growths and
invasive species.
<DELETED>Sec. 323. Corps of Engineers Asian carp prevention pilot
program.
<DELETED>Sec. 324. Extension for certain invasive species programs.
<DELETED>Sec. 325. Storm damage prevention and reduction, coastal
erosion, riverine erosion, and ice and
glacial damage, Alaska.
<DELETED>Sec. 326. Rehabilitation of Corps of Engineers constructed
dams.
<DELETED>Sec. 327. Ediz Hook Beach Erosion Control Project, Port
Angeles, Washington.
<DELETED>Sec. 328. Sense of Congress relating to certain Louisiana
hurricane and coastal storm damage risk
reduction projects.
<DELETED>Sec. 329. Chesapeake Bay Oyster Recovery Program.
<DELETED>Sec. 330. Bosque wildlife restoration project.
<DELETED>Sec. 331. Expansion of temporary relocation assistance pilot
program.
<DELETED>Sec. 332. Wilson Lock floating guide wall.
<DELETED>Sec. 333. Delaware Inland Bays and Delaware Bay Coast Coastal
Storm Risk Management Study.
<DELETED>Sec. 334. Upper Mississippi River Plan.
<DELETED>Sec. 335. Rehabilitation of pump stations.
<DELETED>Sec. 336. Navigation along the Tennessee-Tombigbee Waterway.
<DELETED>Sec. 337. Garrison Dam, North Dakota.
<DELETED>Sec. 338. Sense of Congress relating to Missouri River
priorities.
<DELETED>Sec. 339. Soil moisture and snowpack monitoring.
<DELETED>Sec. 340. Contracts for water supply.
<DELETED>Sec. 341. Rend Lake, Carlyle Lake, and Lake Shelbyville,
Illinois.
<DELETED>Sec. 342. Delaware Coastal System Program.
<DELETED>Sec. 343. Maintenance of pile dike system.
<DELETED>Sec. 344. Conveyances.
<DELETED>Sec. 345. Emergency drought operations pilot program.
<DELETED>Sec. 346. Rehabilitation of existing levees.
<DELETED>Sec. 347. Non-Federal implementation pilot program.
<DELETED>Sec. 348. Harmful algal bloom demonstration program.
<DELETED>Sec. 349. Sense of Congress relating to Mobile Harbor,
Alabama.
<DELETED>Sec. 350. Sense of Congress relating to Port of Portland,
Oregon.
<DELETED>Sec. 351. Chattahoochee River Program.
<DELETED>Sec. 352. Additional projects for underserved community
harbors.
<DELETED>Sec. 353. Winooski River tributary watershed.
<DELETED>Sec. 354. Waco Lake, Texas.
<DELETED>Sec. 355. Seminole Tribal claim extension.
<DELETED>TITLE IV--PROJECT AUTHORIZATIONS
<DELETED>Sec. 401. Project authorizations.
<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>
<DELETED> In this Act, the term ``Secretary'' means the Secretary of
the Army.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> This Act and the amendments made by this Act shall take
effect on the day that is 1 day after the date of enactment of this
Act.</DELETED>
<DELETED>TITLE I--GENERAL PROVISIONS</DELETED>
<DELETED>SEC. 101. NOTICE TO CONGRESS REGARDING WRDA
IMPLEMENTATION.</DELETED>
<DELETED> (a) Plan of Implementation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements.--In developing the plan under
paragraph (1), the Secretary shall--</DELETED>
<DELETED> (A) identify each provision of this Act
(or an amendment made by this Act) that will require--
</DELETED>
<DELETED> (i) the development and issuance
of guidance, including whether that guidance
will be significant guidance;</DELETED>
<DELETED> (ii) the development and issuance
of a rule; or</DELETED>
<DELETED> (iii) appropriations;</DELETED>
<DELETED> (B) develop timelines for the issuance
of--</DELETED>
<DELETED> (i) any guidance described in
subparagraph (A)(i); and</DELETED>
<DELETED> (ii) each rule described in
subparagraph (A)(ii); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Transmittal.--On completion of the plan under
paragraph (1), the Secretary shall transmit the plan to--
</DELETED>
<DELETED> (A) the Committee on Environment and
Public Works of the Senate; and</DELETED>
<DELETED> (B) the Committee on Transportation and
Infrastructure of the House of
Representatives.</DELETED>
<DELETED> (b) Implementation of Prior Water Resources Development
Laws.--</DELETED>
<DELETED> (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):</DELETED>
<DELETED> (A) The Water Resources Development Act of
2000 (Public Law 106-541; 114 Stat. 2572).</DELETED>
<DELETED> (B) The Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1041).</DELETED>
<DELETED> (C) The Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat.
1193).</DELETED>
<DELETED> (D) The Water Infrastructure Improvements
for the Nation Act (Public Law 114-322; 130 Stat.
1628).</DELETED>
<DELETED> (E) The America's Water Infrastructure Act
of 2018 (Public Law 115-270; 132 Stat. 3765).</DELETED>
<DELETED> (F) Division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
2615).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Notice.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Contents.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Additional information.--For
each provision included on the list under
clause (i), the Secretary shall--</DELETED>
<DELETED> (I) establish a timeline
for implementing the
provision;</DELETED>
<DELETED> (II) provide a description
of the status of the provision in the
implementation process; and</DELETED>
<DELETED> (III) provide an
explanation for the delay in
implementing the provision.</DELETED>
<DELETED> (3) Briefings.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusions.--A briefing under
subparagraph (A) shall include--</DELETED>
<DELETED> (i) updates to the implementation
plan under subsection (a); and</DELETED>
<DELETED> (ii) updates to the written notice
under paragraph (2).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Wrda Implementation Team.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Prior water resources development
law.--The term ``prior water resources development
law'' has the meaning given the term in subsection
(b)(1).</DELETED>
<DELETED> (B) Team.--The term ``team'' means the
Water Resources Development Act implementation team
established under paragraph (2).</DELETED>
<DELETED> (2) Establishment.--The Secretary shall establish
a Water Resources Development Act implementation team that
shall consist of current employees of the Federal Government,
including--</DELETED>