[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

[[Page S7192]]

     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

[[Page S7193]]

     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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