[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Pages S7191-S7195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT
Mr. CARPER. Mr. President, I would like to ask unanimous consent that
the attached Joint Explanatory Statement appear in the Congressional
Record in conjunction with H.R. 7776, the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Joint Explanatory Statement To Accompany Title LXXXI of Division H of
the House Amendment to the Senate Amendment to H.R. 7776, the Water
Resources Development Act of 2022
[James M. Inhofe National Defense Authorization Act for Fiscal Year
2023]
Mr. Carper. Mr. President, the following statement is the
Joint Explanatory Statement for Title LXXXI of Division H of
H.R. 7776. An identical joint explanatory statement was
submitted to the Congressional Record by House Transportation
and Infrastructure Committee Chairman Peter DeFazio on
December 8, 2022.
H.R. 7776, the Water Resources Development Act of 2022
(WRDA 2022) as passed by the House of Representatives and
amended by the Senate is the legislative vehicle for the
National Defense Authorization Act of Fiscal Year 2023. This
joint explanatory statement, submitted on behalf of Chair
Peter DeFazio and Ranking Member Sam Graves of the House
Committee on Transportation and Infrastructure and Chair Tom
Carper and Ranking Member Shelly Moore Capito of the Senate
Committee on Environment and Public Works, reflects the view
of the bicameral Chairs and Ranking Members responsible for
managing negotiations to develop a final version of WRDA
2022, hereafter in this statement referred to as ``the
managers.'' This statement of the managers describes the
intent of the final legislation and the manner in which
provisions in disagreement between the House of
Representatives and the Senate have been resolved.
Background
WRDA 2022 primarily addresses the Civil Works program of
the U.S. Army Corps of Engineers (Corps). The bill supports
the nation's global economic competitiveness and
environmental resilience by authorizing the Corps to
undertake projects, programs, and initiatives in their Civil
Works program relating to navigation, ecosystem restoration,
flood and coastal storm risk management, hydropower,
recreation, emergency management, and water supply.
A water resources development act (WRDA) is the authorizing
legislation for the programs and projects of the Corps' Civil
Works program. Ideally enacted every two years, such an act
is the main vehicle for authorizing water resources
development projects to be studied, planned, and developed by
the Corps. WRDAs typically authorize new water resources
development projects pursuant to completed feasibility study
reports from the Chief of Engineers, modifications to
existing projects pursuant to reports from the Director of
Civil Works, other modifications to existing projects, study
authorizations for new projects, the authorization of
miscellaneous projects consistent with the Corps' programs
that also demonstrate a Federal interest, and other
programmatic changes to the Corps' authorities. Projects and
programs contained in WRDAs fall within one or more of the
Corps' Civil Works' missions and authorities, which include
navigation, ecosystem restoration, flood and coastal storm
risk management, hydropower, recreation, regulatory,
emergency management, and water supply.
General Overview of WRDA 2022
WRDA 2022 includes provisions that will strengthen the
United States' economic and national security, reduce the
Corps' administrative burdens, enable faster implementation
of projects, increase water supply reliability, quality, and
quantity, promote assistance to economically disadvantaged
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urban, rural, and Tribal communities, address the impacts of
changing hydrologic and climatic conditions, and upgrade our
nation's water and wastewater infrastructure.
Title LXXXI of Division H is broken down into four
subtitles:
Subtitle A addresses general policy changes to the Civil
Works program authorities. These changes include, among
others: increased support for coastal-related restoration and
infrastructure; enhanced authority for the Corps to modernize
projects during the performance of maintenance and emergency
repair activities; greater flexibility for non-Federal
sponsors of Corps projects; changes to ensure the efficient
and effective delivery of water resources development
projects, programs, and other assistance, including
assistance to Tribal communities, economically disadvantaged
communities, and states with water supply concerns; improved
accessibility to Corps expertise and increased affordability
of Corps projects for economically disadvantaged, rural, and
Tribal communities; and increased support for research and
development, technical assistance, and planning assistance to
states.
Subtitle B authorizes critical new feasibility studies to
be conducted by the Assistant Secretary of the Army for Civil
Works (Secretary), who jointly implements the projects and
programs of the Corps with the Chief of Engineers and directs
certain existing studies to be expedited to completion. The
Secretary is also authorized or directed to complete
assessments or reports pertaining to, among other things,
dredge capacity, reservoir sedimentation, socially and
economically disadvantaged small business concerns, and the
economic valuation of preservation of open space,
recreational areas, and habitat associated with project
lands.
Subtitle C identifies antiquated or outdated projects, and
parts of projects, that are no longer needed for a Federal
purpose for deauthorization. This subtitle also modifies
existing projects and related provisions, including
environmental infrastructure authorities, and calls upon the
Secretary to expedite the completion of specified projects
and studies.
Subtitle D authorizes 25 new projects and six project
modifications based on reports submitted to Congress by the
Secretary or the Chief of Engineers. These projects address
various mission areas of the Corps, including ecosystem
restoration, flood and coastal storm risk management,
navigation, and water storage for water supply.
Discussion on Specific WRDA 2022 Provisions
The transformative nature of the last four WRDA bills on
the Corps' Civil Works program has provided the Corps and
non-Federal interests (sponsors) with a tremendous number of
new opportunities for advancing projects more quickly. The
managers expect the Corps to issue implementation guidance on
the new provisions contained within WRDA 2022 in an
expeditious and transparent manner, and where appropriate, to
solicit the views of, and consult with, a wide array of
stakeholders in the formulation of implementation guidance.
In that light, the managers direct the Corps to provide
periodic, bipartisan briefings to the staffs of the
House Committee on Transportation and Infrastructure and
the Senate Committee on Environment and Public Works on
the status of implementation of WRDA 2022, and any other
unimplemented WRDA provision enacted by Congress since
2014, with the first briefing to be hosted no later than
90 days after the date of enactment of WRDA 2022.
Generally, WRDA 2022 authorizes or directs the preparation
of several assessments. The managers intend for the Secretary
to conduct these assessments at Federal expense.
Additionally, it is the managers' expectation that studies
included in WRDA 2022 to modify authorized projects prior to
or during construction, including studies to extend Federal
participation in periodic nourishment, will continue to be
initiated without a new start designation, in accordance with
well-established budget policy.
WRDA 2022 includes several provisions intended to increase
support for economically disadvantaged communities in both
rural and urban areas. The managers included this direction
to ensure that the Secretary gives equal consideration to
economically disadvantaged communities in rural areas and in
urban areas when implementing the applicable authorities. The
managers do not intend for this direction to affect the
Corps' ongoing rulemaking to define the term ``economically
disadvantaged community.''
In addition, in each of the last few WRDAs, Congress has
directed the Corps to make greater use of natural and nature-
based features and other measures to enhance resilient
solutions through all the Corps' missions and authorities.
However, despite this clear direction, which is enhanced
through additional policy provisions authorized in WRDA 2022,
the managers are concerned that these enacted provisions are
not being fully implemented by the Corps and directs the
Secretary to ensure that the availability and suitability of
these approaches are explored in each of the Corps' Districts
and Divisions.
WRDA 2022 includes several significant provisions intended
to enhance the Corps' authority to formulate, construct,
maintain, and repair projects in a manner that holistically
addresses the impacts of sea level rise and increasingly
frequent and severe extreme weather events. Section 8102 of
WRDA 2022 provides the Corps with increased flexibility to
modify federally authorized hurricane and storm damage
reduction projects during the performance of emergency repair
and restoration activities to ensure that they perform
adequately in response to changing conditions. In relation to
this provision, the managers note that they received a
request to authorize the construction of enhancements,
including additional gulf side breakwaters, to improve the
performance of the Grand Isle and Vicinity, Louisiana Beach
Erosion and Hurricane Protection Project, Jefferson Parish,
Louisiana. Accordingly, the managers direct the Secretary to
consider the changes to section 5(a)(1) of the Act of August
18, 1941 (commonly known as the Flood Control Act of 1941)
made by this section when repairing or restoring this project
to account for increased storm damage.
Section 8103 of WRDA 2022 includes amendments to section
212 of WRDA 1999 that streamline the authority and
incorporate shoreline protection and restoration into its
scope. The managers intend for the Secretary to use this
authority to give priority consideration to the protection
and restoration of shorelines, riverbanks, and streambanks
from erosion and other damaging impacts of extreme weather
events. While the managers intend for the Secretary to
address these hazards using nonstructural measures, natural
features, and nature-based features to the maximum extent
practicable, the formulation of projects that rely primarily
on structural solutions is not precluded. Such solutions,
however, must meet traditional economic or life safety
justification standards if they do not otherwise satisfy the
alternative standard in section 212(d) of WRDA 1999. Finally,
while section 212, as amended, provides general authority for
the Secretary to initiate studies, the managers do not intend
for individually authorized studies, or studies carried out
under programmatic authorities such as section 118(b) of WRDA
2020, to be excluded from implementation under the terms of
section 212 if such studies otherwise fall within the scope
of the section.
Section 8106(a) of WRDA 2022 requires the Corps, when
requested by a non-Federal sponsor for a study for flood or
hurricane and storm damage reduction, to expand the scope of
the study to include the formulation of measures to address
damages attributable to all drivers of flood risk in the
study area. When section 8106(a) is applied to a study for
flood damage reduction, the federal interest in the
formulation of measures to address flood risk in the study
area will no longer be limited by the Corps' policy on
minimum flows. When section 8106(a) is applied to a study for
hurricane and coastal storm damage reduction, the Federal
interest in the formulation of measures will extend to
drivers of flood risk that do not coincide with coastal storm
events, including flooding and erosion associated with sea
level rise and so-called ``sunny day tides.'' Further, the
managers expect the Secretary to continue to account for the
effects of sea level rise, including an increase in the
extent, magnitude, and frequency of tidal flooding, in the
formulation of both flood and coastal storm risk management
and ecosystem restoration projects by fully implementing
existing authorities such as section 113 of WRDA 2020.
Additionally, section 8106(b) of WRDA 2022 expands the
Secretary's authority to formulate alternatives for any water
resources development project, at the request of the non-
Federal sponsor for such project, in a manner that increases
a community's resilience to drought conditions. This
provision will allow the Secretary to include individual
measures for water supply and water conservation in a
recommendation for a water resources development project as
well as to design the water resources development project
itself in a manner that maximizes the project's incidental
benefits for those purposes.
WRDA 2022 includes several provisions to enhance support
for Tribal communities. Section 8111 of WRDA 2022 amends the
Tribal Partnership Program established by section 203 of WRDA
2000. The amendments clarify that coastal storm risk
management and erosion control projects fall within the
program's scope. Additionally, section 8111 provides an
alternative standard for justifying flood and coastal storm
risk management projects, including erosion control and
streambank stabilization projects, when such projects do not
otherwise satisfy traditional standards for justification on
the basis of economics or life safety.
Section 8113 of WRDA 2022 clarifies the Secretary's
authority to develop a comprehensive plan to replace Indian
villages, housing sites, and related structures impacted by
construction of The Dalles Dam, Bonneville Dam, McNary Dam,
and John Day Dam in Washington and Oregon. The managers
intend for the Secretary to work with the affected Tribes to
develop the plan. With the clarifications made in this Act,
section 204 of the Flood Control Act of 1950 should no longer
be interpreted as restricting the Corps' authority to provide
housing assistance at multiple village sites to mitigate
impacts from construction of The Dalles Dam or from the
construction of any of the other three dams.
Further, section 8114 of WRDA 2022 amends section 1156 of
WRDA 1986 to clarify that the cost share waiver for Tribes
and territories is to be applied to reduce only the non-
Federal share of study and project costs. In response to this
amendment, the managers intend for the Secretary to correct
the implementation guidance for section 1119 of WRDA 2016,
which mistakenly provides for
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the waiver amount to be applied to shared study costs instead
of the non-Federal share of study costs.
Section 8130 of WRDA 2022 directs the Secretary to develop
a strategic plan that identifies opportunities and challenges
relating to furthering the policy of the United States to
maximize the beneficial use of sediment obtained from the
construction and operation of the Corps' water resources
development projects. In carrying out this section, the
managers are aware of ongoing scientific research into the
use of nutrient-rich dredged materials as a potential source
of fertilizer for plant growth. The managers encourage the
Corps, through its Engineer Research and Development Center
(ERDC), to undertake an assessment on the beneficial use of
sediment for such purposes, including an assessment of
whether such use is cost-effective, sustainable, and safe for
human health and the environment.
Section 8146 of WRDA 2022 authorizes the Secretary to carry
out capital improvements for the Washington Aqueduct. The
managers intend that the definition of customers found in
this section means the existing legal entities that purchase
potable water from the Washington Aqueduct, namely the
Fairfax County Water Authority, the District of Columbia
Water and Sewer Authority, and Arlington County, Virginia.
Section 8152 of WRDA 2022 authorizes the Secretary to
provide assistance to pump stations when the failure of such
pump stations would demonstrably impact the function of the
federally authorized flood or coastal storm risk management
project, which includes the impairment to water drainage from
areas interior to a federally authorized flood or coastal
storm risk management project. Congress directs the Secretary
to consider this authority to provide such assistance to the
Pointe Celeste Pump Station in Plaquemines Parish, Louisiana.
Section 8154 of WRDA 2022 authorizes the Secretary to carry
out a pilot program to evaluate the extent to which the
provision of temporary relocation assistance enhances the
completeness, effectiveness, efficiency, acceptability, and
equitable implementation of nonstructural flood and coastal
storm risk management projects involving the elevation or
modification of residential structures. The managers intend
for the Secretary to offer the non-Federal interest for each
project covered by the section an equal opportunity to
participate in the program.
Section 8155 of WRDA 2022 directs the Secretary to continue
construction projects that exceed or are expected to exceed
maximum project cost limits during the period beginning on
the date of enactment of this Act and ending on December 31,
2024. Though the Corps is still required to submit all
relevant documentation to the House and Senate as required
under section 902 of WRDA 1986, section 8155 ensures that
supply change disruptions, inflation, and other factors
contributing to rapid and unavoidable cost increases do not
jeopardize the Corps' ability to execute the increased
amounts of funding provided to the agency during this
Congress to reinforce the nation's water infrastructure.
Finally, in light of the number of Corps projects potentially
requiring statutory cost increases that have only recently
come to the attention of Congress, section 8155(b)
establishes a new, permanent requirement that the Corps
notify the House Committee on Transportation and
Infrastructure and the Senate Committee on Environment and
Public Works of any water resources development project that
exceeds or is expected to exceed its maximum cost under
section 902 of WRDA 1986.
Section 8158 of WRDA 2022 directs the Secretary to
establish a Western Water Cooperative Committee to help
mitigate the potential for conflict between the operation of
Corps projects and state water rights. A bipartisan coalition
of 19 Western Senators wrote to the Office of Management and
Budget on September 17, 2019, in opposition to the proposed
rulemaking entitled ``Use of U.S. Army Corps of Engineers
Reservoir Projects for Domestic, Municipal & Industrial Water
Supply'' (81 Fed. Reg. 91556 (December 16, 2016)), describing
the rule as counter to existing law and court precedent. On
January 21, 2020, the proposed rulemaking was withdrawn. The
Corps should consult with the participating Western States to
ensure, to the maximum extent practicable, that operation of
flood control projects in such States is consistent with the
principles of the first section of the Act of December 22,
1944, and section 301 of the Water Supply Act of 1958.
Furthermore, the Western Water Cooperative Committee shall
make recommendations that only apply to the defined list of
Western States and ensure that any recommended changes or
modifications to policy or regulations for Corps projects
would not adversely affect water resources within other
states.
Section 8160 of WRDA 2022 modernizes the Corps' authority
to carry out research and development activities. Included in
this section is a temporary authority for the Corps to
utilize transactions other than contracts, cooperative
agreements, and grants for purposes of prototype projects.
The managers intend for the Corps to expedite implementation
of this authority by relying on, to the maximum extent
practicable, existing U.S. Department of Defense guidance on
other transaction authority.
WRDA 2022 includes several provisions to support and
enhance the delivery of public recreation benefits at Corps
projects. The Corps operates more recreation areas than any
other Federal or State agency, apart from the U.S. Department
of the Interior. Nationally, visitors to nearly 600 Corps-
managed dams and lakes spend an estimated $12 billion per
year and support 500,000 jobs. Lakes managed by the Corps are
economic drivers that support local communities. The managers
remain concerned with the costs of ongoing operation and
maintenance of these public recreation sites, which provide
an enormous benefit to the country. Specifically, section
8161 of WRDA 2022 expresses the sense of Congress that the
Secretary spend at least 80 percent of the revenue generated
by each site on activities for the operation, maintenance,
and upkeep of such site to encourage their continued use and
economic benefit.
Section 8212 of WRDA 2022 directs the Corps to provide the
County of San Luis Obispo, California, with right of first
refusal for any potential conveyance of the project for
Salinas Dam, California. The managers are aware that the
County and the Corps have engaged in negotiations for several
years regarding the disposition of the Salinas Dam project
and associated infrastructure and reservoir. The managers
direct the Corps to engage in a collaborative process with
the County with the goal of transferring the facility to the
County as expeditiously as possible under conditions that are
acceptable to all parties. Further, the managers direct the
Corps to not take any action that would preclude the Corps
from serving as the Federal agency solely responsible for
disposal of the facility unless the County agrees with an
alternative approach and the managers are satisfied that all
parties are best served by the alternative approach. In
addition, the managers direct the Corps to not take any
action that would in any way assign responsibility for the
facility to any military installation or other Federal agency
until collaborative negotiations are complete, and all
parties are in agreement with a disposal plan.
Section 8303 of WRDA 2022 includes additional locations to
an existing pilot program to utilize forecast informed
reservoir operations (FIRO) at Corps owned dams and
reservoirs. Additionally, the section authorizes a new pilot
program in the North Atlantic Division. The managers urge the
Secretary to ensure that sufficient budgetary resources are
allocated to FIRO projects to more fully utilize this process
in appropriate situations and to provide for the update of
existing water operations control manuals to incorporate FIRO
at reservoirs identified under the two pilot programs.
The final version of Section 8327 of WRDA 2022
substantially incorporates the language contained in the
original section 309 of the Senate amendment to H.R. 7776.
Although an authorization of appropriations has been added to
subsection (c) of section 8327 for future major maintenance,
the managers do not intend for this paragraph to impose a
requirement for additional funds to be appropriated to
implement this subsection for the currently planned major
maintenance if sufficient amounts are available in the
existing allocation for major maintenance of the Indian River
Inlet navigation project.
Section 8346 of WRDA 2022 authorizes and directs the Corps
to carry out water level management activities as part of the
operation and maintenance of the navigation channel projects
on the Upper Mississippi River and on the Illinois River
(also called the Illinois Waterway) to help redress
sedimentation and to improve the quality and quantity of
habitat available for fish and wildlife. Because studies have
shown that water level management activities carried out by
the Corps produce important ecosystem benefits, the managers
intend that such activities be routinely carried out and
conducted as part of the operations and maintenance of the
navigation channels as quickly as possible, and prior to the
routine update of water control manuals for the covered
projects.
Section 8363 of WRDA 2022 states that the non-Federal
interest for the project for hurricane and storm damage risk
reduction, Colleton County, South Carolina, may be eligible
to receive credit for construction and design work carried
out by the non-Federal interest before a partnership
agreement is executed for the specified project. The managers
have agreed to this language based on the understanding from
the Corps that all applicable laws and regulations, including
the Davis-Bacon Act, would need to have been complied with
for the work of the non-Federal interest to be creditable.
WRDA 2022 authorizes significant new Federal investments in
environmental infrastructure for communities across the
nation. The managers intend for the Secretary to interpret
all environmental infrastructure authorities to include, at a
minimum, assistance for water supply storage, distribution,
and treatment; wastewater collection and treatment; drainage;
stormwater management; surface water resource protection and
development; and water quality enhancement. Additional
purposes may be expressly authorized for individual programs.
With respect to implementation of specific programs, the
managers intend for the additional appropriations authorized
under section 8376(b)(8) for the environmental infrastructure
authority authorized under section 594 of WRDA 1999 to be
administered in a manner consistent with the previous funding
authorized under section 594. Further, the managers intend
for the Water Replenishment District of Southern California
to be eligible for assistance under Section
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219(f)(93) of WRDA 1992, as amended by section 8375(b)(2)(C)
of the WRDA 2022.
Other Policy Matters
Both the House and Senate committee reports on the
chambers' respective WRDA 2022 bills include direction on
implementation of previously enacted authorities. To the
extent consistent with the Act and this statement, the
managers intend for the Secretary to follow the direction on
previously enacted authorities provided in those reports.
In addition to the direction in the House and Senate
committee reports on previously enacted authorities, the
managers encourage the Corps to continue to explicate
comprehensive documentation of benefits in project planning.
As the Secretary implements the Principles, Requirements, and
Guidelines for Water and Related Land Resources
Implementation Studies, as directed by section 110 of WRDA
2020, the managers expect these agency-specific procedures to
foster a comprehensive, consistent, and clear assessment
in project planning documents that allows for full
participation by project sponsors.
Further, the managers seek to clarify the scope of existing
authorities for periodic renourishment and mitigation of
shore damages attributable to Federal navigation projects.
To the maximum extent practicable, the Secretary is
directed to provide periodic nourishment in accordance with
subsection (c) of the first section of the Act of August 13,
1946, and subject to section 156 of WRDA 1976, for projects
and measures carried out for the purpose of restoring and
increasing the resilience of ecosystems to the same extent as
periodic nourishment is provided for projects and measures
carried out for the purpose of coastal storm risk management.
For all future projects to mitigate shore damage
attributable to navigation projects under section 111 of the
River and Harbor Act of 1968, the Secretary is instructed
that shores damaged by navigation features and projects for
which the Corps has assumed responsibility through any
method, including the Cape Cod Canal, are eligible for
assistance under the section. Although the Cape Cod Canal
jetties were initially constructed by private interests, the
Cape Cod Canal project has been under Federal control for
over 100 years. The Federal Government owns the project and
has reconstructed, operated, maintained, repaired, and
rehabilitated the project numerous times since acquiring the
channel. The project does not have a non-Federal sponsor.
This section provides clear authority for the Secretary to
implement mitigation measures to address the shore damage
caused by the Cape Cod Canal jetties at full Federal expense.
The Secretary is directed to exercise this authority without
further delay. Further, the Secretary is directed in the
future to apply this section in a manner that does not
preclude Federal participation in the cost to mitigate
damages caused by a navigation project or feature solely
because the project or feature was initially constructed by a
non-Federal entity.
The managers remain concerned about the impacts of drought
to the nation's water supply, including the current drought
in the State of California and other arid States. Section 221
of WRDA 2020 directed the Corps to submit a report to
Congress on the benefits and consequences of including water
supply and water conservation as a primary mission of the
Corps. Section 221 of WRDA 2020 directed this report be
transmitted to Congress by June 2022; however, the Corps has
now significantly missed this statutory deadline on an issue
of critical importance to communities concerned about long-
term water supply availability. The managers direct the Corps
to prioritize and expedite completion of this report, and to
provide a bipartisan briefing to the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works within 90 days of the date of
enactment of this Act on the status of such report.
During consideration of WRDA 2022, the managers received a
request related to public safety at federally authorized
hurricane and storm damage reduction projects, such as the
project at Cape May Beach in Cape May, New Jersey. The
managers encourage the Secretary to work with the State of
New Jersey, the non-Federal sponsors of similar hurricane and
storm damage reduction projects in the region, and other
interested stakeholders and public safety officials to
examine whether the rate of head, neck, and spine injuries
sustained at Cape May Beach as reported by the New Jersey
Department of Health and the City of Cape May Beach Patrol is
similar to or differs from those reported at other federally
authorized projects in the region.
The managers received a request related to the Corps' use
of its existing authority to perform advance maintenance of
the nation's federally authorized navigation channels. These
channels are essential to keeping the international supply
chain open and operating efficiently during this period of
economic recovery. The managers strongly urge the Corps to
make optimum use of available authorities to ensure that
these waterways are adequately maintained and able to
accommodate global shipping needs and generate economic
benefits during this critical time. The use of advance
maintenance can be particularly impactful in channels with
high shoaling areas. Over time these areas naturally silt in
and are especially vulnerable to the advent of more intense
storms, and repeated advance maintenance efforts may be
necessary to guard against depth reductions which can lead to
draft restrictions for larger global vessels. The managers
encourage the Corps to maintain Federal channels at their
approved advance maintenance depth.
The managers are aware that the Corps utilizes a wide range
of platforms, sensors, and other technologies to conduct a
range of research and monitoring activities, including the
use of uncrewed platforms and sensor packages. The managers
encourage the Secretary, in coordination with the Corps'
Engineer Research and Development Center (ERDC), to consider
establishing an Uncrewed Systems Innovation Center to ensure
the appropriate development and utilization of innovative
uncrewed technologies, including autonomous, remotely
operated airborne, terrestrial, and maritime vehicle systems.
The managers received a request to consolidate the
management of all active Miami-Dade County water resource
projects into the Jacksonville District. The managers
encourage the Corps to transfer project management of the
Miami-Dade Back Bay Coastal Storm Risk Feasibility Management
from the Norfolk District to the Jacksonville District.
The managers received several requests related to the
potential modification of lock and dam structures on the
inland waterways system to allow for remote operations,
including concerns with the vulnerability of remote
operations to cyber-attacks and the potential impact of
remote operations on current Corps' employees. The managers
remind the Secretary that section 222(b)(1)(B)(V) of WRDA
2020 set forth a security framework for studies carried out
by the Corps. Results from that effort should be used to
address cyber security concerns for Corps structures,
particularly locks and dams, that utilize remote supervisory
control and data acquisition (SCADA) type products for
automation control systems as part of the Corps' national
security interests. The managers request a bipartisan
briefing on these activities. The managers also recognize
that remote lock operations along commercial and recreational
waterways can increase the availability and capacity of the
locks, especially in lower-use waterways, and can support
other economic drivers in counties throughout America. The
managers received a request to consider potential expansion
of remote operations to additional locations, such as in the
Upper Allegheny Locks in Armstrong County, Pennsylvania.
However, the managers remind the Secretary of recent
Congressional action to statutorily declare Corps' lock and
dam employees as inherently governmental and direct the
Secretary to report to the managers on any potential
workforce impacts of any proposed automation and remote
operations activity before they are carried out, and to
ensure that any recommendations in a completed study will not
result in the loss of jobs for current lock and dam
employees.
As part of the Isabella Lake Dam Safety Modification
Project in Kern County, California, the Corps is building the
U.S. Forest Service a new visitor center to replace a
facility that was demolished due to this project. The
managers note discussion on this visitor center started a
decade ago, but understands the Corps is now in the process
of acquiring private property on which to build this facility
from a willing seller. Accordingly, the managers support the
Corps efforts on this project and direct the Corps to
continue to work expeditiously to bring this visitor center
to fruition.
The managers direct the Corps to consult with the Indian
Wells Valley Groundwater Authority and the Naval Air Weapons
Station China Lake to validate proposed solutions to resolve
water supply needs and eliminate overdraft in the Indian
Wells Valley groundwater basin in California. This validation
effort shall review and develop measures needed to provide
water supply resiliency in the basin and for the critical
Federal defense assets that overlie it, including, but not
limited to, the preparation of comprehensive plans for the
development, implementation, utilization, conservation, or
importation of water, infrastructure needs, and related land
resources in the basin. Such plans shall consider the
potential and projected water supply needs of the critical
defense assets and future growth within the basin. The Corps
is directed to report to the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works within 180 days of enactment of
this Act on the validation effort.
The Success Reservoir Enlargement Project was authorized by
section 101(b)(4) of WRDA 1999 to improve both flood damage
protection and water supply in Tulare County, California. In
House Report 116-460, the managers previously encouraged the
Corps to advance this project. The managers note their
support for this project and continue to encourage the Corps
to expedite this project through completion.
The managers received a request related to completion of
the Comite Diversion project, Louisiana, authorized as part
of the project for flood control, Amite River and
Tributaries, Louisiana, pursuant to section 101(11) of WRDA
1992. The managers direct the Secretary and any other
relevant agencies to take all steps necessary to ensure
completion of the project as quickly as possible. The
managers request, within 90 days of the
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date of the filing of this report, that the Secretary provide
a bipartisan briefing on the status of completion of the
project.
The Port Fourchon, Belle Pass Channel, Louisiana,
navigation project, authorized in WRDA 2020, features as a
key component 100 percent beneficial use disposal of project
dredge material. The managers are encouraged that progress
has been made between the Corps and the non-Federal sponsor
in designating a beneficial use disposal site that will meet
National Economic Development goals, as well as satisfy the
local community's need for beneficial use disposal at
impacted coastal areas. The Corps is expected to provide the
non-Federal sponsor with a revised Project Management Plan
(PMP), delineating tasks and costs associated with addressing
remaining conditions contained in the Port Fourchon, Belle
Pass Channel, Louisiana, authorization, including a revised
dredge material disposal plan that will designate the
beneficial use disposal site. As such, the managers direct
the Secretary to negotiate and complete a PMP that is
satisfactory to the Secretary and the non-Federal sponsor,
including the selection of a beneficial use disposal site
agreed upon by the non-Federal sponsor, as soon as possible.
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