US Congress Senate Bill 2848 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on September 19 2016 - 50% progression, died in chamber
Action: 2016-09-19 - Held at the desk.
Text: Latest bill text (Engrossed) [PDF]

Water Resources Development Act of 2016 TITLE I--PROGRAM REFORMS (Sec. 1001) This bill amends the Water Resources Development Act of 1986 (WRDA 1986) to allow the U.S. Army Corps of Engineers to provide technical assistance to nonfederal interests for feasibility studies of proposed water resources development projects if the nonfederal interest contracts to pay the costs of such assistance. (Sec. 1002) The Corps of Engineers may receive and repay funds from states or political subdivisions for immediate use on authorized water resources development studies or projects (currently, only flood-control projects). The definition of "state" for such purposes is expanded to include the District of Columbia, Puerto Rico, other U.S. territories or possessions, federally recognized Indian tribes, and other native entities. (Sec. 1003) The Water Resources Reform and Development Act of 2014 (WRRDA 2014) is amended to allow the Corps of Engineers to accept materials, services, or funds from a nonfederal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project if there is a risk of adverse impacts to the functioning of the project. (Under current law, the Corps may accept only materials or services for repairing, restoring, or replacing such a project that has been damaged or destroyed as a result of an emergency.) (Sec. 1004) The Corps of Engineers may partner with nonfederal interests to maintain a project, but nonfederal interest partners are ineligible for reimbursement for their contributed materials, services, or funds. (Sec. 1005) The Corps of Engineers may accept and expend funds provided by nonfederal interests to undertake reviews, inspections, monitoring, and other federal activities related to nonfederal interests carrying out the study, design, or construction of water resources development projects under WRDA 1986. In determining credit or reimbursement, the Corps may include the amount of such funds provided by a nonfederal interest as a cost of the study, design, or construction. (Sec. 1006) The Corps of Engineers' funding of response actions to address human health and environmental threats from military munitions deposited on a beach shall be reimbursed from amounts made available to the Department of Defense Agency responsible for the original release of the munitions. (Sec. 1007) The Water Resources Development Act of 1992 (WRDA 1992) is amended to authorize the Corps of Engineers to allow a nonfederal public or private entity that has entered into a cooperative agreement for the operation and management of recreation facilities and natural resources at civil works projects under the Corps' jurisdiction to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by such entity or the Corps. An entity may: (1) use any visitor reservation service that the Corps of Engineers has provided for by contract or interagency agreement to manage fee collections and reservations, subject to the Corps' terms and conditions; and (2) retain the fees collected to pay for operation, maintenance, and management at the recreation site where they were collected. (Sec. 1008) If a person or entity seeks permission from the Corps of Engineers for an occupation, use, or alteration of a harbor or river public works project that also requires review under the National Environmental Policy Act of 1969 (NEPA) or another legal authority, the reviews and approvals shall occur concurrently to the extent practicable. If the Corps is not the lead federal agency for an environmental review, the Corps shall participate as a cooperating agency and use the same documents prepared under NEPA. The Corps of Engineers may accept funds from nonfederal public or private entities to evaluate an alteration, permanent occupation, or use of a work built by the United States. (Sec. 1009) To complete certain environmental infrastructure projects under WRDA 1992 that are already under construction (having received more than $4 million in federal appropriations when those appropriations are greater than 80% of the authorized amount), the bill increases authorized appropriations to allow completion of projects that have made significant progress if the benefits of the federal investment will not be realized without the increase. (Sec. 1010) The Flood Control Act of 1936 is amended to allow the Corps of Engineers to receive funds from nonfederal interests without the current requirement that federal funds be appropriated for a study or project. The Corps may receive funds from nonfederal interests to formulate, review, or revise operational documents for a Corps-owned and -operated reservoir (other than reservoirs in the Upper Missouri River, the Apalachicola-Chattahoochee-Flint river system, the Alabama-Coosa-Tallapoosa river system, and the Stones River). (Sec. 1011) To analyze the benefits of offshore oil and gas fabrication port navigation projects authorized after November 7, 2007, the recommended plan by the Corps of Engineers must use the value of future energy exploration and production fabrication contracts and the transportation savings that would result from a larger navigation channel under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. These requirements also apply to: (1) a project that has undergone an economic benefits update, and (2) ongoing feasibility studies at the request of a nonfederal sponsor. (Sec. 1012) The Corps of Engineers, at a nonfederal interest's request, may review proposals to increase the quantity of available water supplies at federal water resources projects through: (1) modification of a water resources project, (2) modification of how a project is managed, or (3) access to water released from a project. But this section shall not apply to proposals that: (1) reallocate existing water supply or hydropower storage, or (2) reduce water available for any authorized project purpose. If a proposal relates to a federal project that is not owned by the Corps of Engineers, this section applies only to activities under the Corps' authority. The Corps of Engineers must comply with public participation requirements and provide a copy of proposals to federal agencies that own a project, affected states, power marketing administrations, and other entities with project rights or responsibilities. The Corps of Engineers shall not approve a proposal that: (1) is not supported by the federal agency that owns the project, (2) adversely impacts contractual or legal rights, (3) increases costs to other entities, (4) interferes with authorized project purposes, or (5) modifies federal statutory requirements without congressional authorization. The cost of developing, reviewing, and implementing a submitted proposal shall be provided by a nonfederal entity. But if an entity working with a state is authorized to receive Corps of Engineers' assistance in the preparation of a comprehensive plan, the Corps may use those funds to pay 50% of the cost of the entity's proposal review. Special requirements are set forth for operation and maintenance costs relating to the construction of additional water supply storage at a reservoir for use under a water supply storage agreement. Other entities may contribute to the costs of implementing a proposal. The Corps of Engineers may provide technical assistance for a proposal if the nonfederal interest agrees to pay the costs of the assistance. This section shall not apply to Corps of Engineers-owned and -operated reservoirs in the Upper Missouri River, the Apalachicola-Chattahoochee-Flint river system, the Alabama-Coosa-Tallapoosa river system, or the Stones River. (Sec. 1013) The Corps of Engineers' revolving fund for maintenance and operation of plants and equipment may be used to construct buildings for its New England district headquarters in Bedford, Massachusetts, and its district headquarters in Buffalo, New York. (Sec. 1015) Monitoring plans for ecosystem restoration projects must describe: (1) the types and number of restoration activities, (2) the physical action to be undertaken, (3) the functions and values that will result from the restoration plan, and (4) the contingency plan for taking any corrective actions. The nonfederal sponsor's responsibility for operation and maintenance of a restoration project shall cease 10 years after the Corps of Engineers makes a determination of success. (Sec. 1016) In water resources projects in which a nonfederal interest has entered into a partnership agreement with the Corps of Engineers to receive a credit for the nonfederal interest's in-kind contributions, the maximum amount of credit shall be based on the value of the contributions rather than the cost incurred by the nonfederal sponsor. (Sec. 1017) The Corps of Engineers must develop a structural health monitoring program to assess and improve the condition of Corps infrastructure, including systems and frameworks for: (1) response to floods and earthquakes, (2) pre-disaster mitigation measures, (3) lengthening the useful life of the infrastructure, and (4) identifying risks due to sea level rise. (Sec. 1018) Habitat connectivity protection and restoration measures must be included in programmatic mitigation plans to address potential impacts to ecological resources, fish, and wildlife. The Corps of Engineers may use preconstruction engineering and design funds prior to authorization of project construction to: (1) satisfy mitigation requirements through third-party arrangements, or (2) acquire land interests necessary to meet mitigation requirements. These mitigation responsibilities do not affect the Corps' mitigation responsibilities under other laws. The Corps of Engineers must identify standard measures that reflect the best available scientific information for evaluating habitat connectivity. (Sec. 1019) The categories of "nonfederal interests" under the Flood Control Act of 1970 are expanded to include Alaska native villages, regional corporations, or village corporations among the entities that may enter partnership agreements with the Corps of Engineers for implementation or construction of water resources projects. (Sec. 1020) The Corps of Engineers may credit or reimburse discrete segments of projects that function independently in advance of completion of the total project or a project element. If the nonfederal interest receives reimbursement for a discrete segment of a project and fails to complete the entire project, the nonfederal interest must repay the amount of the reimbursement, plus interest. (Sec. 1021) The Corps of Engineers may accept funds from a rail carrier to expedite the evaluation of the rail carrier's permits for a project under the Corps' jurisdiction. (Sec. 1022) The Corps of Engineers' international outreach program is expanded to include informing the United States of technological innovations abroad that could improve any water resources development in the United States, including technology transfers or exchanges. (Under current law, the program is limited to informing the maritime industry and port authorities about innovations that could improve waterborne transportation.) (Sec. 1023) The Corps of Engineers must issue implementation guidance for water resources projects involving wetlands mitigation that impacts the service area of a mitigation bank. The guidance must provide for consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks and in-lieu fee programs with an approved service area that includes the projected impacts of the project. All potential mitigation bank and in-lieu fee credits that meet such criteria shall be considered reasonable alternatives if the mitigation bank: (1) has an approved mitigation banking instrument, and (2) has completed a functional analysis of the potential credits using the approved Corps-certified habitat assessment model specific to the region. (Sec. 1024) The Corps of Engineers must encourage Corps districts to enter cooperative agreements with youth service and conservation corps for natural resources conservation or recreation management services. (Sec. 1025) The bill increases the Corps of Engineers' annual maximum allotment for debris removal from rivers, harbors, streams, and tributaries. It expands the authorized activities to include: (1) the removal of obstructions located in or adjacent to a federal channel, and (2) the clearing or straightening of channels for recreation. (Sec. 1026) The Government Accountability Office (GAO) must report on the shellfish aquaculture industry in the Chesapeake Bay, Gulf Coast states, California, and Washington. (Sec. 1027) The Corps of Engineers is prohibited from removing existing vegetation on levees until revised guidelines are adopted, unless the vegetation presents an unacceptable safety risk. The Corps must explain why it has not met deadlines for revising such guidelines. (Sec. 1028) The Corps of Engineers may cooperate with nonfederal interests working with a group of states, or a consortium of states, in the preparation of comprehensive plans for drainage basins, watersheds, or ecosystems. (Sec. 1029) The Corps of Engineers may give funding priority to projects that restore coastal wetlands that reduce the impact of storm surge. (Sec. 1030) The Corps of Engineers must transfer the human remains known as Kennewick Man or the Ancient One to the Washington State Department of Archaeology and Historic Preservation on the condition that it dispose of and repatriate the remains to the Indian tribes and band referred to in the letter from Secretary of the Interior Bruce Babbitt to Secretary of the Army Louis Caldera, dated September 21, 2000. (Sec. 1031) The Corps of Engineers must consider a property's economic or recreational significance or impacts at the national, state, or local level when carrying out a disposition study for a Corps project. (Sec. 1032) The bill makes permanent the Corps of Engineers' authority to apply credit for in-kind contributions provided by a nonfederal interest that are in excess of the required nonfederal cost share for a project toward the required nonfederal cost share for a different water resources development study or project. A nonfederal interest may request that the credit be applied at reasonable intervals prior to completion of the study or project. (Sec. 1033) The Corps of Engineers must issue a decision on requests for contracts for surplus water from Upper Missouri reservoirs within 60 days after receiving a request. If the Corps has not documented the volume of surplus water available, the Corps must identify the outstanding information necessary to make a decision and set a date for the final decision. (Sec. 1034) The bill increases the maximum amount that the Corps of Engineers may expend for small shore and beach restoration and protection projects not specifically authorized by Congress. (Sec. 1035) The Corps of Engineers may operate a fish hatchery to restore a population of threatened or endangered fish species. Nonfederal entities or other federal agencies shall be responsible for all additional costs associated with managing such a fish hatchery that are not authorized as of the enactment of this bill. (Sec. 1036) The first $100,000 of a watershed assessment or feasibility study for a water resources project shall be a federal expense. (Sec. 1037) The River and Harbor Act of 1968 is amended to provide for: (1) feasibility studies to be cost-shared in the same proportion as construction of projects, and (2) reimbursements to nonfederal interests if they expend more than their share of study costs. (Sec. 1038) The title makes permanent a program that demonstrates the benefits of recreation facilities and activities at Corps of Engineers' lakes primarily in Oklahoma. (Sec. 1039) The estimated costs of the Corps of Engineers' water resources projects may affect cost-sharing responsibilities established by law. (Sec. 1040) The Water Resources Development Act of 2000 is amended to make the tribal partnership program permanent and allow the Corps of Engineers to carry out cost-shared design and construction projects under the program. At an Indian tribe's request, the Corps of Engineers must report on the feasibility of a water resources development project or a project for the preservation of cultural and natural resources that will substantially benefit Indian tribes. The first $100,000 of such a study shall be at federal expense. The Corps of Engineers may carry out the design and construction of a feasible tribal partnership project if: (1) the federal share is not more than $10 million, or (2) congressional authorization is obtained for a federal share exceeding $10 million. The Corps of Engineers is prohibited from requiring an Indian tribe to waive its sovereign immunity as a condition to entering into a cost-sharing agreement under the tribal partnership program. The title sets forth the nonfederal cost shares for studies, design and construction, and watershed and river basin assessments under the expanded program. (Sec. 1041) WRDA 1986 is amended to extend the waiver of up to $200,000 for local cost-sharing requirements in U.S. territories (American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands) to planning assistance and Indian tribes. The waiver applies to comprehensive plans under the Water Resources Development Act of 1974. (Sec. 1042) The Corps of Engineers, with the consent of nonfederal sponsors, may enter into cost-sharing agreements under the Flood Control Act of 1970 to allow local governments in a watershed that has adopted a local or regional water management plan to participate in feasibility studies. (Sec. 1043) The Corps of Engineers' authority to provide nonfederal interests a credit in lieu of a reimbursement for the estimated federal share of a flood damage reduction project under repealed provisions the Water Resources Development Act of 1996 (WRDA 1996) is extended to projects for which a written agreement with the Corps for construction was finalized on or before December 31, 2014. (Currently, the credit in lieu of reimbursement is limited to projects that have been constructed by a nonfederal interest before the provisions were repealed on June 10, 2014.) The credit may be applied to other water resources development projects or studies of the nonfederal interest. (Sec. 1044) Study costs incurred before execution of a feasibility cost-sharing agreement for an aquatic ecosystem restoration project under WRDA 1996 shall be federal costs if: (1) the study was initiated before October 1, 2006, and (2) the feasibility cost-sharing agreement was not executed before January 1, 2014. (Sec. 1045) The Corps of Engineers may not collect consideration (money or other thing of value) for easements across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936. (Sec. 1046) The Corps of Engineers must contract with the Transportation Research Board of the National Academy of Sciences to study the use and performance of innovative materials in Corps projects. (Sec. 1047) The Corps of Engineers must publish a notice of correction removing from inactive project deauthorization lists under WRRDA 2014 any projects for which nonfederal funds have been obligated or expended for construction of integral project elements, regardless of whether the activity is pursuant to an agreement with, expenditure by, or obligation from the Corps. (Sec. 1048) The Corps of Engineers may accept requests and funding from nonfederal entities and federal power marketing agencies to review, and update if appropriate, flood control rule curves and water operations manuals for reservoirs constructed with federal funds and regulated by the Corps for storage in western states with Bureau of Reclamation (Reclamation) projects in areas: (1) with prolonged droughts, or (2) for which no review has occurred during the previous 10 years. The Corps of Engineers must enter agreements with affected states, reservoir owners or operators, and (if requested) nonfederal entities responsible for operation and maintenance costs before carrying out such activities. This section does not apply to the Boulder Canyon project, initial units of the Colorado River storage project, Reclamation dam or reservoir project facilities operated and maintained by the Department of the Interior (unless requested by all nonfederal project sponsors), Corps of Engineers-owned and -operated dams or reservoirs, or Reclamation project facilities operated and maintained by nonfederal entities under a transfer contract (unless requested by the organization contractually responsible for operation and maintenance). It also sets forth requirements for public participation and the protection of existing rights. (Sec. 1049) States, body politics deriving power from a state constitution, or government entities created by a state legislature may require that their partnership agreements with the Corps of Engineers to construct water resources projects do not obligate future appropriations for performance and payment that would be inconsistent with constitutional or statutory limitations of the state or a local government. (Sec. 1050) The maximum cost of a project must be increased automatically for changes in construction costs applied to unconstructed features based on actual appreciation in relevant real estate markets. The Corps of Engineers may accept in-kind contributions, land, easements, rights-of-way, relocations, and dredged material disposal areas (currently, the Corps may accept only funds) from a nonfederal interest for any authorized water resources development project that has exceeded its maximum cost if the use of such contributions does not increase the federal share of the project cost. But these accepted funds and other contributions are not eligible for credit or repayment and shall not be included in the total cost of the project. (Sec. 1051) The title establishes procedures to continue or make permanent under the Water Supply Act of 1958 certain water supply agreements that were predicated on water that was surplus to a deauthorized purpose and that provided for: (1) contingent permanent storage rights, or (2) complete payment of the actual investment costs of storage to be used in the case of an agreement with a duration of at least 30 years. (Sec. 1052) The title increases authorized funding for the Corps of Engineers to support federal agencies, nongovernmental organizations, international organizations, or foreign governments to address problems of national significance to the United States. (Sec. 1053) For two years after this bill's enactment, the Corps of Engineers shall not charge a fee under a contract entered into pursuant to the Flood Control Act of 1944 for surplus water stored in the Lake Cumberland Watershed of Kentucky and Tennessee. (Sec. 1054) The GAO must report on the implementation and effectiveness of environmental infrastructure projects carried out under WRDA 1992. TITLE II--NAVIGATION (Sec. 2001) Projects authorized to receive funding from the Inland Waterways Trust Fund are exempted temporarily from a process that deauthorizes unconstructed projects for which funds have not been obligated for a specified preceding period of years. The exemption for these inland waterways projects begins on June 10, 2014, and ends 15 years after enactment of this bill. (Sec. 2002) Nonfederal interests may receive credit or reimbursement for carrying out the federal share of flood gate operations and maintenance for hurricane and storm damage reduction projects that cross an inland or intracoastal waterway. (Sec. 2003) If the target total budget resources available to the Corps of Engineers from the Harbor Maintenance Trust Fund (HMTF) for a fiscal year is lower than the resources for the previous fiscal year, the target shall be adjusted to be the lesser of: (1) 103% of the total appropriated for the previous fiscal year, or (2) 100% of the harbor maintenance taxes received in the previous fiscal year. (Sec. 2004) Disposal of dredged material shall not be considered environmentally acceptable for purposes of identifying the federal standard (the least costly alternative consistent with sound engineering and environmental standards) if it violates state water quality standards approved by the Environmental Protection Agency (EPA) under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). (Sec. 2005) The Cape Arundel Disposal Site located southeast of Cape Arundel, Maine, may remain open until five years after enactment of this bill, subject to certain conditions and limitations. (Sec. 2006) The Corps of Engineers may maintain federally authorized harbors of refuge to restore and maintain authorized dimensions. (Sec. 2007) The Corps of Engineers must consult with the Coast Guard and share information regarding assistance that the Corps can provide for the placement of aids to navigation on the Ouachita-Black Rivers. (Sec. 2008) The Corps of Engineers may use sediment from other federal and nonfederal sources, but any nonfederal source sediment must be obtained without federal expense. Federal water resources projects involving the disposal of dredged material may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance. The Corps may accept funds from a nonfederal interest to dispose of such dredged material for private shores or lands that are ineligible for federal cost sharing. (Sec. 2009) The bill makes permanent: (1) the requirement that the Corps of Engineers allocate for emerging harbor projects at least 10% percent of the funds made available under the HMTF for FY2015 (currently FY2012) to pay the operation and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States, and (2) the Corps' authority to provide funds to donor ports and energy transfer ports. (Sec. 2010) The bill revises methods of: (1) allocating payments to donor ports and energy transfer ports through the establishment of a new category of medium-sized donor ports that are eligible for funding if they annually collect between $5 million and $15 million of total HMTF funding (donor ports must currently collect at least $15 million annually to be eligible), and (2) transferring through U.S. Customs and Border Protection payments that ports elect to provide to importers or shippers by specifying that the process applies to discretionary cargo (maritime cargo destined for inland locations that can be economically shipped through multiple seaports located in different countries or regions) that is shipped through eligible ports and most at risk of diversion to seaports outside the United States. The Corps of Engineers must limit payments to top importers or shippers through an eligible port, as ranked by value of discretionary cargo. (Sec. 2011) The bill extends to contracts for physical construction that have not been awarded before enactment of WRRDA 2014 the formula that calculates the harbor deepening costs to be paid by nonfederal interests during construction for harbor or inland harbor navigation projects. For the portion of a project that has a depth in excess of 45 feet but not in excess of 50 feet, the cost to be paid by nonfederal interests is decreased from 50% to 25% of the cost of construction for that portion. (Sec. 2012) The Corps of Engineers must carry out dredging activities on shallow draft ports located on the inland Mississippi River to the authorized widths and depths. (Sec. 2013) The Corps of Engineers must publish guidance for the implementation of WRRDA 2014 provisions concerning maintenance of emerging ports and Great Lakes ports. (Sec. 2014) The Corps of Engineers' justification for a harbor and navigation improvements project may include the long-term viability of a community that is located in the region that is served by, and that will rely on, the project. (Sec. 2015) The Corps of Engineers may permit a nonfederal interest to carry out maintenance activities necessary to ensure that a navigation project is maintained to not less than the minimum project dimensions. Costs incurred by the nonfederal interest are eligible for reimbursement up to the estimated federal cost, but are limited to costs directly related to the performance of work for the federal government and the actual fiscal year appropriations for that portion of maintenance dredging. In carrying out the maintenance activities, the nonfederal interest shall: (1) provide equipment at no cost to the federal government, and (2) hold the United States free from damages that arise from the use of the equipment. This section terminates 10 years after enactment of this bill. (Sec. 2016) The Corps of Engineers' next biennial HMTF report on operations and maintenance costs assigned to commercial navigation of harbors and inland harbors must identify transportation cost savings realized by achieving and maintaining the constructed width and depth for such harbors on a project-by-project basis. This requirement does not apply to subsequent reports. (Sec. 2017) The Corps of Engineers may place dredged material from the operation and maintenance of an authorized federal water resources project at another authorized water resource project if, for a reasonable cost, the placement would: (1) enhance protection from flooding caused by storm surges or sea level rise, or (2) significantly contribute to shoreline resiliency or wetland restoration. The Corps shall not require a nonfederal entity to bear any increased costs associated with the placement of dredged material at another project if it exceeds the cost of depositing the dredged material in accordance with federal regulations. (Sec. 2018) The bill makes permanent the Corps of Engineers' authority to use available priority funds (the difference between funds made available for operations and maintenance costs assigned to commercial navigation of harbors under WRDA 1986 each fiscal year and those funds made available for FY2012) for high- and moderate-use harbor projects and emerging harbor projects, including those within the Great Lakes Navigation System. (Sec. 2019) The Corps of Engineers must allocate funding made available to the Corps from the HMTF in accordance with the criteria and priority percentages under WRDA 1986 concerning expenditures for operation and maintenance of harbor projects. TITLE III--SAFETY IMPROVEMENTS (Sec. 3001) The Corps of Engineers, at a nonfederal sponsor's request, may use the natural disaster emergency fund to repair or restore flood control work, hurricane or shore protective structures, or the depths of federal navigable channels or waterways to an increased pumping capacity or a level of protection above the system design. The nonfederal sponsor must agree to pay the difference between the cost of restoration to the original design level and the cost of achieving the higher level of protection. The Corps must notify nonfederal sponsors of the opportunity to request nonstructural alternatives to restore or protect natural resources (including streams, rivers, floodplains, wetlands, or coasts) if those efforts will reduce flood risk. (Sec. 3002) The bill authorizes a temporary program for the Corps of Engineers to address consolidation, settlement, subsidence, sea level rise, and new data to restore federally authorized hurricane and storm damage reduction projects through cost-share agreements with nonfederal partners. (Sec. 3003) If the Corps of Engineers has assumed (as of the enactment of this bill) responsibility for maintenance of a high risk flood control project, the Corps must continue to be responsible for such maintenance until the project is modified to reduce the risk, or until 15 years after enactment of this bill, whichever is earlier. (Sec. 3004) The National Dam Safety Program Act is amended to direct the Federal Emergency Management Agency (FEMA) to establish a program to provide technical, planning, design, and construction assistance grants to nonfederal sponsors (subject to a nonfederal cost-sharing requirement of at least 35%) for rehabilitation of eligible high hazard potential dams. An "eligible high hazard potential dam" is a nonfederal dam that: is located in a state with a state dam safety program, is classified as high hazard potential by the dam safety agency of the state in which the dam is located, has an emergency action plan approved by such agency, and fails to meet minimum state dam safety standards and poses an unacceptable risk to the public. An eligible high hazard potential dam does not include a licensed hydroelectric dam or a dam built under the authority of the Department of Agriculture (USDA). FEMA shall require a grant recipient to provide an assurance that the owner of the dam has developed and will carry out a plan for maintenance of the dam during its expected life. A grant must be approved by the relevant state dam safety agency. Grant funds shall be allocated to all states from which applications are submitted based on each state's relative number of eligible high hazard potential dams compared to all states. Grant funds may not be used to: rehabilitate a federal dam, perform routine operation or maintenance of a dam, modify a dam to produce hydroelectric power, increase water supply storage capacity, or make any other modification that does not also improve the safety of the dam. The bill sets forth requirements and conditions for nonfederal sponsors to receive such grants, including the demonstration of a floodplain management plan to reduce the impacts of future flood events. (Sec. 3005) The Corps of Engineers must expedite completion of flood damage reduction and flood risk management projects for: Chicagoland Underflow Plan, Illinois, phase 2; Cedar River, Cedar Rapids, Iowa; Comite River, Louisiana; and Amite River and Tributaries, Louisiana. (Sec. 3006) Repair costs to correct a seepage problem at a dam in the Cumberland River Basin (for projects for which construction has not yet begun and appropriations have not been made as of this bill's enactment) must be: (1) treated as costs for a dam safety project, and (2) subject to cost-sharing requirements under WRDA 1986. (Sec. 3007) This bill establishes the High-Hazard Indian Dam Safety Deferred Maintenance Fund and the Low-Hazard Indian Dam Safety Deferred Maintenance Fund. The Department of the Treasury must make deposits to these funds at least monthly until the funds are terminated at the end of FY2037. The Bureau of Indian Affairs (BIA) must establish a program to address the deferred maintenance needs of Indian dams that create flood risks or other risks to safety, natural resources, or cultural resources and impede the management and efficiency of Indian dams. To be eligible, a dam must be federally owned and included in the BIA's Safety of Dams program. The low hazard fund and high hazard fund must be used to pay for maintenance, repair, and replacement activities for dams classified under guidelines of the Federal Emergency Management Agency (FEMA) as low hazard and significant or high hazard, respectively. The BIA must: (1) develop programmatic goals and prioritization criteria before expending funds; (2) prioritize dams that serve more than one tribe or highly populated Indian communities; (3) consult with landowners served by the dam before expending funds, except in emergencies; and (4) ensure that, each year, every dam in need of critical maintenance receives funding.

Water Resources Development Act of 2016

Sen. James Inhofe [R-OK]

Sen. Barbara Boxer [D-CA]

Senate - On the Motion (Motion to Concur in the House Amendment to S. 612) (Y: 78 N: 21 NV: 1 Abs: 0) [PASS]
Senate - On Passage of the Bill S. 2848 (Y: 95 N: 3 NV: 2 Abs: 0) [PASS]
Senate - On Passage of the Bill S. 2848 (Y: 95 N: 3 NV: 2 Abs: 0) [PASS]
Senate - On Passage of the Bill S. 2848 (Y: 95 N: 3 NV: 2 Abs: 0) [PASS]
Senate - On the Motion (Motion to Waive All Applicable Budgetary Discipline Re: Amdt. No. 4979) (Y: 85 N: 12 NV: 3 Abs: 0) [PASS]
Senate - On the Cloture Motion S. 2848 (Y: 94 N: 3 NV: 3 Abs: 0) [PASS]
Senate - On the Cloture Motion S. 2848 (Y: 94 N: 3 NV: 3 Abs: 0) [PASS]
Senate - On the Cloture Motion S.Amdt. 4979 to S. 2848 (Water Resources Development Act of 2016) (Y: 90 N: 1 NV: 9 Abs: 0) [PASS]
Senate - On the Cloture Motion S.Amdt. 4979 to S. 2848 (Water Resources Development Act of 2016) (Y: 90 N: 1 NV: 9 Abs: 0) [PASS]

Date	Chamber	Action
2016-09-19	House	Held at the desk.
2016-09-19	House	Received in the House.
2016-09-19	Senate	Message on Senate action sent to the House.
2016-09-15	Senate	Passed Senate with an amendment by Yea-Nay Vote. 95 - 3. Record Vote Number: 141. (text: CR S5743-5811)
2016-09-15	Senate	S.Amdt.4979 Notwithstanding the adoption of amendment SA 4979, the substitute amendment was amended by Unanimous Consent. (consideration: CR S5741-5742)
2016-09-15	Senate	S.Amdt.5066 Amendment SA 5066 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S5743)
2016-09-15	Senate	S.Amdt.5077 Amendment SA 5077 agreed to in Senate by Unanimous Consent.
2016-09-15	Senate	S.Amdt.5074 Amendment SA 5074 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S5742-5743)
2016-09-15	Senate	S.Amdt.5069 Amendment SA 5069 agreed to in Senate by Unanimous Consent.
2016-09-15	Senate	S.Amdt.5068 Amendment SA 5068 agreed to in Senate by Unanimous Consent.
2016-09-15	Senate	S.Amdt.5076 Amendment SA 5076 agreed to in Senate by Unanimous Consent.
2016-09-15	Senate	S.Amdt.5063 Amendment SA 5063 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S5742)
2016-09-15	Senate	S.Amdt.5075 Amendment SA 5075 agreed to in Senate by Unanimous Consent.
2016-09-15	Senate	S.Amdt.5066 Amendment SA 5066 proposed by Senator Inhofe for Senator Sasse to Amendment SA 4979. (consideration: CR S5742-5743)
2016-09-15	Senate	S.Amdt.5077 Amendment SA 5077 proposed by Senator Inhofe for Senator Tester to Amendment SA 4979. (consideration: CR S5742-5743)
2016-09-15	Senate	S.Amdt.5074 Amendment SA 5074 proposed by Senator Inhofe for Senator Hoeven to Amendment SA 4979. (consideration: CR S5742-5743)
2016-09-15	Senate	S.Amdt.5069 Amendment SA 5069 proposed by Senator Inhofe for Senator Cardin to Amendment SA 4979. (consideration: CR S5742-5743; text: CR S5742)
2016-09-15	Senate	S.Amdt.5068 Amendment SA 5068 proposed by Senator Inhofe for Senator Paul to Amendment SA 4979. (consideration: CR S5742-5743; text: CR S5742)
2016-09-15	Senate	S.Amdt.5076 Amendment SA 5076 proposed by Senator Inhofe for Senator Cochran to Amendment SA 4979. (consideration: CR S5742-5743; text: CR S5742)
2016-09-15	Senate	S.Amdt.5063 Amendment SA 5063 proposed by Senator Inhofe for Senator Sanders to Amendment SA 4979. (consideration: CR S5742-5743)
2016-09-15	Senate	S.Amdt.5075 Amendment SA 5075 proposed by Senator Inhofe for Senator Isakson to Amendment SA 4979. (consideration: CR S5742-5743; text: CR S5742)
2016-09-15	Senate	Considered by Senate. (consideration: CR S5736-5811)
2016-09-14	Senate	Cloture on the measure invoked in Senate by Yea-Nay Vote. 94 - 3. Record Vote Number: 140. (consideration: CR S5707; text: CR S5707)
2016-09-14	Senate	S.Amdt.4979 Amendment SA 4979 agreed to in Senate by Voice Vote.
2016-09-14	Senate	S.Amdt.4979 Motion to waive all applicable budgetary discipline with respect to amendment SA 4979 agreed to in Senate by Yea-Nay Vote. 85 - 12. Record Vote Number: 139.
2016-09-14	Senate	S.Amdt.4979 Point of order that the amendment violates section 201(a) of S.Con.Res. 21, 110th Congress, raised in Senate with respect to amendment SA 4979.
2016-09-14	Senate	Considered by Senate. (consideration: CR S5694-5718)
2016-09-14	Senate	S.Amdt.4979 Considered by Senate.
2016-09-13	Senate	S.Amdt.4980 SA 4980 fell when SA 5042 agreed to.
2016-09-13	Senate	S.Amdt.5042 Amendment SA 5042 as modified agreed to in Senate by Voice Vote.
2016-09-13	Senate	S.Amdt.5042 Amendment SA 5042 proposed by Senator Inhofe to Amendment SA 4979.
2016-09-13	Senate	Considered by Senate. (considered: CR S5585-5660)
2016-09-13	Senate	S.Amdt.4980 Considered by Senate.
2016-09-13	Senate	S.Amdt.4979 Considered by Senate.
2016-09-12	Senate	S.Amdt.4979 Cloture on amendment SA 4979 invoked in Senate by Yea-Nay Vote. 90 - 1. Record Vote Number: 138.
2016-09-12	Senate	Considered by Senate. (consideration: CR S5489-5499)
2016-09-12	Senate	S.Amdt.4980 Considered by Senate.
2016-09-12	Senate	S.Amdt.4979 Considered by Senate.
2016-09-08	Senate	Cloture motion on the measure presented in Senate. (consideration: CR S5445; text: CR S5445)
2016-09-08	Senate	S.Amdt.4979 Cloture motion on amendment SA 4979 presented in Senate. (consideration: CR S5445; text: CR S5445)
2016-09-08	Senate	S.Amdt.4991 Amendment SA 4991 agreed to in Senate by Voice Vote.
2016-09-08	Senate	S.Amdt.4981 Amendment SA 4981 agreed to in Senate by Voice Vote.
2016-09-08	Senate	S.Amdt.4991 Amendment SA 4991 proposed by Senator Inhofe for Senator Merkley to Amendment SA 4979.
2016-09-08	Senate	S.Amdt.4981 Amendment SA 4981 proposed by Senator Inhofe for Senator Heller to Amendment SA 4979. (consideration: CR S5435; text: CR S5435)
2016-09-08	Senate	Considered by Senate. (consideration: CR S5424-5444, S5445)
2016-09-08	Senate	S.Amdt.4980 Considered by Senate.
2016-09-08	Senate	S.Amdt.4979 Considered by Senate.
2016-09-07	Senate	S.Amdt.4980 Amendment SA 4980 proposed by Senator Inhofe to Amendment SA 4979.
2016-09-07	Senate	S.Amdt.4979 Amendment SA 4979 proposed by Senator McConnell for Senator Inhofe.
2016-09-07	Senate	The committee amendments withdrawn by Unanimous Consent. (consideration: CR S5356)
2016-09-07	Senate	Measure laid before Senate by motion.
2016-09-07	Senate	Motion to proceed to consideration of measure agreed to in Senate by Voice Vote. (consideration: CR S5324-5360; text as introduced: CR S5324-5356)
2016-09-07	Senate	Motion to proceed to measure considered in Senate. (consideration: CR S5324)
2016-09-06	Senate	Motion to proceed to consideration of measure made in Senate. (consideration: CR S5240)
2016-06-20	Senate	Placed on Senate Legislative Calendar under General Orders. Calendar No. 523.
2016-06-20	Senate	Committee on Environment and Public Works. Reported by Senator Inhofe with amendments. With written report No. 114-283.
2016-04-28	Senate	Committee on Environment and Public Works. Ordered to be reported with an amendment favorably.
2016-04-25	Senate	Read twice and referred to the Committee on Environment and Public Works.

HB5087 (Related) 2016-04-28 - Referred to the Subcommittee on Water Resources and Environment.
SB2830 (Related) 2016-04-20 - Read twice and referred to the Committee on Environment and Public Works.
HB5070 (Related) 2016-04-29 - Referred to the Subcommittee on Environment and the Economy.
HB5223 (Related) 2016-05-16 - Referred to the Subcommittee on Water Resources and Environment.
SB1724 (Related) 2016-05-18 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 470.
HB176 (Related) 2015-01-07 - Referred to the Subcommittee on Water Resources and Environment.
HB223 (Related) 2016-04-27 - Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 439.
HB1160 (Related) 2015-03-16 - Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.
HB2930 (Related) 2015-07-14 - Referred to the Subcommittee on Water, Power and Oceans.
HB3692 (Related) 2015-10-26 - Referred to the Subcommittee on Conservation and Forestry.
HB4131 (Related) 2015-12-01 - Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.
HB4414 (Related) 2016-02-05 - Referred to the Subcommittee on Environment and the Economy.
HB4497 (Related) 2016-02-10 - Referred to the Subcommittee on Water, Power and Oceans.
HB4797 (Related) 2016-03-18 - Referred to the Subcommittee on Environment and the Economy.
SB653 (Related) 2015-06-11 - Referred to the Subcommittee on Water, Power and Oceans.
SB1024 (Related) 2016-02-24 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 372.
SB1674 (Related) 2016-02-24 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 373.
SB2466 (Related) 2016-01-27 - Read twice and referred to the Committee on Environment and Public Works.
SB2579 (Related) 2016-02-24 - Read twice and referred to the Committee on Energy and Natural Resources.
SB2588 (Related) 2016-02-25 - Read twice and referred to the Committee on Environment and Public Works.
SB2835 (Related) 2016-04-21 - Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S2389-2390)
SB1979 (Related) 2015-08-05 - Read twice and referred to the Committee on Environment and Public Works.
HB5303 (Related) 2016-09-29 - Received in the Senate.

Type	Source
Summary	https://www.congress.gov/bill/114th-congress/senate-bill/2848/all-info
Text	https://www.congress.gov/114/bills/s2848/BILLS-114s2848is.pdf
Text	https://www.congress.gov/114/bills/s2848/BILLS-114s2848rs.pdf
Text	https://www.congress.gov/114/bills/s2848/BILLS-114s2848es.pdf
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1142/vote_114_2_00138.htm
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1142/vote_114_2_00140.htm
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1142/vote_114_2_00139.htm
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1142/vote_114_2_00141.htm
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1142/vote_114_2_00163.htm