[House Report 114-790]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-790
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5303) TO PROVIDE FOR
IMPROVEMENTS TO THE RIVERS AND HARBORS OF THE UNITED STATES, TO PROVIDE
FOR THE CONSERVATION AND DEVELOPMENT OF WATER AND RELATED RESOURCES,
AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF MOTIONS TO
SUSPEND THE RULES; AND WAIVING A REQUIREMENT OF CLAUSE 6(A) OF RULE
XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM
THE COMMITTEE ON RULES
_______
September 26, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 892]
The Committee on Rules, having had under consideration
House Resolution 892, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5303, the
Water Resources Development Act of 2016, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure. The resolution waives all points of order
against consideration of the bill. The resolution makes in
order as original text for purpose of amendment an amendment in
the nature of a substitute consisting of the text of Rules
Committee Print 114-65 and provides that it shall be considered
as read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in this report.
Each such amendment may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides that no further
consideration of the bill shall be in order except pursuant to
a subsequent order of the House.
Section 2 of the resolution provides that it shall be in
order at any time on the legislative day of September 29, 2016,
or September 30, 2016, for the Speaker to entertain motions
that the House suspend the rules and that the Speaker or his
designee shall consult with the Minority Leader or her designee
on the designation of any matter for consideration pursuant to
this section.
Section 3 of the resolution waives clause 6(a) of rule XIII
(requiring a two-thirds vote to consider a rule on the same day
it is reported from the Rules Committee) against any resolution
reported through the legislative day of September 30, 2016,
relating to a measure making or continuing appropriations for
the fiscal year ending September 30, 2017.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waivers of the following:
Section 3101 of S. Con. Res. 11 which
prohibits consideration of legislation with a net
effect of increasing direct spending by more than $5
billion in any of the four consecutive ten-year periods
beginning with the first fiscal year that is 10 years
after the budget year provided for in the most recently
adopted budget resolution. It should be noted that
while the waiver is necessary, Rules Committee Print
114-65 would cure the violation; and
Clause 3(e)(1) of rule XIII (``Ramseyer''),
requiring a committee report accompanying a bill
amending or repealing statutes to show, by
typographical device, parts of statute affected.
The waiver is provided because the submission provided by
the Committee on Transportation and Infrastructure was
insufficient to meet the standards established by the rule in
its current form. The Committee on Rules continues to work with
the House Office of Legislative Counsel and committees to
determine the steps necessary to comply with the updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 216
Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #60, offered by Rep. Kildee
(MI), which provides $220 million in assistance to Flint, MI
and other communities with increased levels of lead in their
drinking water. Defeated: 2-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ ............ Ms. Slaughter..................... Yea
Mr. Cole........................................ ............ Mr. McGovern...................... ............
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Shuster (PA): Makes technical and clarifying revisions
to H.R. 5303. Includes additional Chief's Reports and Post
Authorization Change Reports submitted by the Army Corps of
Engineers since May 25, 2016. (10 minutes)
2. Lawrence (MI): Includes gross negligence as an
additional reason for obtaining funding following an emergency
at a water resources development project. (10 minutes)
3. Babin (TX): Defines parameters and sets guidelines for
the scope of ``work'' under Section 408 review processes. (10
minutes)
4. Babin (TX): Allows for channels which have been
``assumed for maintenance'' to be considered the same as
``authorized'' projects. (10 minutes)
5. Black (TN): Directs the Chief of Engineers and
Commanding General of the U.S. Army Corps of Engineers to
provide guidance on the types of circumstances under which the
state-of-the-art provision of the Dam Safety Assurance
authority might apply to dam safety repair projects; for corps
of engineers district offices to effectively communicate with
sponsors to establish and implement cost sharing agreements
during dam safety repair projects; and for the corps of
engineers to communicate the estimated and final cost sharing
amounts, executing agreements, with all cost sharing sponsors.
(10 minutes)
6. Blum (IA), Loebsack (IA), Young, David (IA): Expedites
the Cedar River project for flood risk management authorized in
the Water Resources Development Act of 2014. (10 minutes)
7. Bost (IL): Authorizes the Corps to consider other
potential benefits that may accrue due to rehabilitation of a
non-federal levee. (10 minutes)
8. Crawford (AR): Clarifies the Water Infrastructure
Finance and Innovation Act (WIFIA) to make project costs
incurred and in-kind contributions made before receipt of the
WIFIA loan to count toward the 51 percent of the project that
must be financed by non-WIFIA dollars. (10 minutes)
9. Dold (IL): Allows projects funded under section 506(c)
of the Water Resources Development Act of 2000 to include
compatible recreation features, not to exceed 10 percent of the
ecosystem restoration costs of the project. (10 minutes)
10. Graves, Garret (LA): Allows the non-federal interest to
execute a project or project component when they determine that
it can be done at lower cost and/or faster time. It directs 20%
of money saved back to treasury, and the rest to other corps
projects. (10 minutes)
11. Graves, Garret (LA): Provides criteria for application
decisions pursuant to Section 408. (10 minutes)
12. Graves, Garret (LA): Expedites certain flood mitigation
priority areas. (10 minutes)
13. Long (MO): Lifts the Army Corps of Engineers'
moratorium on the issuance of dock permits for Table Rock Lake
and delays the final rule for revising the Shoreline Management
Plan. Extends the public comment period and requires a study on
the permit fee structure for Table Rock Lake. (10 minutes)
14. McKinley (WV): Requires the Army Corps of Engineers to
consider the economic or recreational significance or impact of
a lock at the national, State or local level. (10 minutes)
15. Mica (FL): Allows the Secretary to adjust the Benefit
Cost Ratio after any portion of the authorized project is
completed by the Army Corps using non-federal funds. (10
minutes)
16. Mullin, Markwayne (OK): Transfers to the Department of
the Interior land to be held in trust for the benefit of the
Muscogee (Creek) Nation, after the Muscogee (Creek) Nation has
paid to the Army Corps of Engineers fair market value of the
land transferred. (10 minutes)
17. Rouzer (NC): Directs the Army Corps of Engineers to
work with local officials to establish a no wake zone in
federal navigation channels when certain criteria are met. (10
minutes)
18. Thornberry (TX): Prohibits the U.S. Army Corps of
Engineers from removing privately owned cabins on privately
owned land at Lake Kemp for an additional 5 years. (10 minutes)
19. Weber (TX): Requires the Army Corps of Engineers to
take into account existing studies and data developed by the
Gulf Coast Community Protection and Recovery District when
conducting the Coastal Texas Protection and Restoration Study.
(10 minutes)
20. Young, David (IA): Establishes policy for Corps levees
that affect community-owned levees. (10 minutes)
21. Esty (CT): Directs the Secretary to submit a report
within one year of enactment on implementation of corrosion
prevention activities under section 1033 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2350). (10
minutes)
22. Esty (CT), LoBiondo (NJ), Zeldin (NY): Amends section
4009(a) of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1316) to direct the
Secretary to conduct a comprehensive assessment and management
plan to restore aquatic ecosystems within the coastal waters of
the Northeastern United States from the State of Virginia to
the State of Maine, including associated bays, estuaries, and
critical riverine areas. (10 minutes)
23. Frankel (FL), Curbelo (FL): Provides local communities
the option to seek foreign sand sources for shore protection
projects. (10 minutes)
24. Green, Al (TX), Green, Gene (TX), Culberson (TX):
Allows the Secretary to give priority to flood control projects
where (1) such project is already authorized and an executed
partnership agreement exists; and (2) the project is in an area
where loss of life has occurred due to a flooding event. (10
minutes)
25. Herrera-Beutler (WA): Expands availability of funds for
Watercraft Inspection Stations in northwest states. Clarifies
that the U.S. Army Corps of Engineers can fund existing
watercraft inspection stations. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Shuster of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 7, strike lines 1 through 8.
Page 11, line 14, strike ``and'' at the end.
Page 11, line 16, strike the period at the end and insert ``;
and''.
Page 11, after line 16, insert the following:
(7) reducing the costs of dredging and dredged
material placement or disposal, such as projects that
use dredged material for--
(A) construction or fill material;
(B) civic improvement objectives; and
(C) other innovative uses and placement
alternatives that produce public economic or
environmental benefits.
Page 69, after line 17, insert the following:
SEC. __. COST SHARE REQUIREMENT.
The Secretary shall carry out the project for ecosystem
restoration and recreation, Los Angeles River, California, as
authorized by this Act, substantially in accordance with the
terms and conditions described in the Report of the Chief of
Engineers, dated December 18, 2015, including, notwithstanding
section 2008(c) of the Water Resources Development Act of 2007
(121 Stat. 1074), the recommended cost sharing.
SEC. __. PUBLIC ACCESS.
(a) Recreational Access Permitted.--The Board of Directors of
the Tennessee Valley Authority may approve and allow the
construction and use of a floating cabin on waters under the
jurisdiction of the Tennessee Valley Authority if--
(1) the floating cabin is maintained by the owner to
reasonable health, safety, and environmental standards,
as required by the Board of Directors; and
(2) the Tennessee Valley Authority has authorized the
use of recreational vessels on such waters.
(b) Fees.--The Board of Directors may levy fees on the owner
of a floating cabin on waters under the jurisdiction of the
Tennessee Valley Authority for purposes of ensuring compliance
with subsection (a), so long as such fees are necessary and
reasonable for such purposes.
(c) Continued Recreational Use.--With respect to a floating
cabin located on waters under the jurisdiction of the Tennessee
Valley Authority on the date of enactment of this Act, the
Board of Directors--
(1) may not require the removal of such floating
cabin--
(A) in the case of a floating cabin that was
granted a permit by the Tennessee Valley
Authority before the date of enactment of this
Act, for a period of 15 years beginning on such
date; and
(B) in the case of a floating cabin not
granted a permit by the Tennessee Valley
Authority before the date of enactment of this
Act, for a period of 5 years beginning on such
date; and
(2) shall approve and allow the use of the floating
cabin on waters under the jurisdiction of the Tennessee
Valley Authority at such time, and for such duration,
as the floating cabin meets the requirements of
subsection (a) and the owner of such cabin has paid any
fee levied pursuant to subsection (b).
(d) New Construction.--The Tennessee Valley Authority may
establish regulations to prevent the construction of new
floating cabins.
(e) Floating Cabin Defined.--In this section, the term
``floating cabin'' means every description of watercraft or
other floating structure primarily designed and used for human
habitation or occupation and not primarily designed or used for
navigation or transportation on water.
(f) Savings Provision.--Nothing in this section restricts the
ability of the Tennessee Valley Authority to enforce reasonable
health, safety, or environmental standards.
SEC. __. TRIBAL DISPLACEMENT.
(a) In General.--The Comptroller General of the United States
shall conduct a study related to any remaining Federal
obligations to Indian people displaced by the construction of
the Bonneville Dam, the Dalles Dam, or the John Day Dam on the
Columbia River in Oregon and Washington.
(b) Factors.--The study shall include--
(1) a determination as to the number and location of
Indian people displaced by the construction of the
Bonneville Dam, the Dalles Dam, or the John Day Dam;
(2) a determination of the amounts and types of
assistance provided by the Federal Government to Indian
people displaced by the construction of such dams to
the present; and
(3) a determination of whether and how much
assistance is necessary to meet any remaining Federal
obligations to compensate Indian people displaced by
the construction of such dams.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study.
SEC. __. DROUGHT EMERGENCIES.
(a) Authorized Activities.--With respect to a State in which
a drought emergency is in effect on the date of enactment of
this Act, or was in effect at any time during the 1-year period
ending on such date of enactment, and upon the request of the
Governor of the State, the Secretary is authorized to--
(1) prioritize the updating of the water control
manuals for control structures under the jurisdiction
of the Secretary that are located in the State; and
(2) incorporate into the update seasonal operations
for water conservation and water supply for such
control structures.
(b) Coordination.--The Secretary shall carry out the update
under subsection (a) in coordination with all appropriate
Federal agencies, elected officials, and members of the public.
SEC. __. GAO STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an analysis of
the President's budget requests for the Corps of Engineers
Civil Works Program for each of fiscal years 2008 through 2017.
(b) Considerations.--The analysis to be submitted under
subsection (a) shall evaluate--
(1) the extent to which there is geographic diversity
among the projects included in such budget requests;
and
(2) whether the methodologies used by the Corps of
Engineers to calculate benefit-cost ratios for projects
impact the geographic diversity of projects included in
such budget requests.
Page 75, strike lines 9 and 10.
Page 75, strike lines 14 and 15 and insert the following:
(1) Project for flood damage reduction and
environmental restoration, Hamilton City, California.
Page 75, line 23, strike ``$5,000,000,000'' and insert
``$10,000,000,000''.
Page 78, line 17, strike ``$5,000,000,000'' and insert
``$10,000,000,000''.
Page 92, after line 25, insert the following:
(c) Inventory.--In carrying out the update under subsection
(a), the Secretary shall include an inventory of those lands
that are not necessary to carry out the authorized purposes of
the project.
Page 93, lines 14 and 15, strike ``September 30, 2016,
$31,233,401'' and insert ``December 31, 2016, $31,344,841.65''.
Page 106, strike line 6 and all that follows before line 7
and insert the following:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Brazos Island Nov. 3, 2014 Federal: $116,116,000
Harbor Non-Federal: $88,471,000
Total: $204,587,000
------------------------------------------------------------------------
2. LA Calcasieu Lock Dec. 2, 2014 Total: $16,700,000 (to be
derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
3. NH, Portsmouth Harbor Feb. 8, 2015 Federal: $15,580,000
ME and Piscataqua Non-Federal: $5,190,000
River Total: $20,770,000
------------------------------------------------------------------------
4. FL Port Everglades Jun. 25, 2015 Federal: $220,200,000
Non-Federal: $102,500,000
Total: $322,700,000
------------------------------------------------------------------------
5. AK Little Diomede Aug. 10, 2015 Federal: $26,015,000
Harbor Non-Federal: $2,945,000
Total: $28,960,000
------------------------------------------------------------------------
6. SC Charleston Harbor Sep. 8, 2015 Federal: $224,300,000
Non-Federal: $269,000,000
Total: $493,300,000
------------------------------------------------------------------------
7. AK Craig Harbor Mar. 16, 2016 Federal: $29,062,000
Non-Federal: $3,255,000
Total: $32,317,000
------------------------------------------------------------------------
8. PA Upper Ohio Sep. 12, 2016 Federal: $1,324,235,500
Non-Federal: $1,324,235,500
Total: $2,648,471,000
------------------------------------------------------------------------
Page 109, strike line 1 and all that follows before line 2
and insert the following:
(4) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades Dec. 23, 2014 Federal: $976,375,000
Non-Federal: $974,625,000
Total: $1,951,000,000
------------------------------------------------------------------------
2. WA Skokomish River Dec. 14, 2015 Federal: $12,782,000
Non-Federal: $6,882,000
Total: $19,664,000
------------------------------------------------------------------------
3. WA Puget Sound Sep. 16, 2016 Federal: $293,558,000
Non-Federal: $158,069,000
Total: $451,627,000
------------------------------------------------------------------------
Page 110, before line 3, insert the following:
(8) Hurricane and storm damage risk reduction and
ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. LA Southwest Coastal Jul. 29, 2016 Federal: $2,011,280,000
Louisiana Non-Federal: $1,082,997,000
Total: $3,094,277,000
------------------------------------------------------------------------
Page 110, strike line 3 and all that follows through the end
of the table following line 4 and insert the following:
(9) Deauthorizations, modifications, and other
projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Upper Trinity May 21, 2008 Federal: $526,500,000
River Non-Federal: $283,500,000
Total: $810,000,000
------------------------------------------------------------------------
2. KY Green River Locks Apr. 30, 2015 Federal: $0
and Dams 3, 4, 5, Non-Federal: $0
6 and Barren Total: $0
River Lock and
Dam 1 Disposition
------------------------------------------------------------------------
3. KS, Turkey Creek Basin May 13, 2016 Federal: $97,067,750
MO Non-Federal: $55,465,250
Total: $152,533,000
------------------------------------------------------------------------
4. KY Ohio River May 13, 2016 Federal: $20,309,900
Shoreline Non-Federal: $10,936,100
Total: $31,246,000
------------------------------------------------------------------------
5. MO Blue River Basin May 13, 2016 Federal: $34,860,000
Non-Federal: $11,620,000
Total: $46,480,000
------------------------------------------------------------------------
6. FL Picayune Strand Jul. 15, 2016 Federal: $308,983,500
Non-Federal: $308,983,500
Total: $617,967,000
------------------------------------------------------------------------
7. MO Swope Park Jul. 15, 2016 Federal: $20,205,250
Industrial Area, Non-Federal: $10,879,750
Blue River Total: $31,085,000
------------------------------------------------------------------------
----------
2. An Amendment To Be Offered by Representative Lawrence of Michigan or
Her Designee, Debatable for 10 Minutes
Page 29, line 7, strike ``, or that'' and insert ``or gross
negligence, or that''.
----------
3. An Amendment To Be Offered by Representative Babin of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. WORK DEFINED.
Section 14 of the Act of March 3, 1899 (30 Stat. 1152,
chapter 425; 33 U.S.C. 408), is amended--
(1) by striking ``It shall not be lawful'' and
inserting the following:
``(a) In General.--It shall not be lawful''; and
(2) by adding at the end the following:
``(b) Work Defined.--
``(1) In general.--In this section, the term `work'
means engineered structures that serve a particular
function.
``(2) Inclusions.--In this section, the term `work'
includes only structures of like kind with those
identified in subsection (a).
``(3) Exclusions.--In this section, the term `work'
does not include--
``(A) the river channel as such, whether or
not dredging is necessary to maintain
navigational depths;
``(B) unimproved real estate; or
``(C) a particular feature or structure
merely because the feature or structure is
present within a Federal project.''.
----------
4. An Amendment To Be Offered by Representative Babin of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. AUTHORIZATION OF FEDERALLY MAINTAINED TRIBUTARY CHANNELS AS
PART OF CHANNEL SYSTEM.
A project that has been assumed for maintenance by the
Secretary under any authority granted by Congress shall--
(1) be treated as a project authorized by Congress;
and
(2) be planned, operated, managed, or modified in a
manner consistent with authorized projects.
----------
5. An Amendment To Be Offered by Representative Black of Tennessee or
Her Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. DAM SAFETY REPAIR PROJECTS.
The Secretary shall issue guidance--
(1) on the types of circumstances under which the
requirement in section 1203(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 467n(a)) relating to
state-of-the-art design or construction criteria deemed
necessary for safety purposes applies to a dam safety
repair project;
(2) to assist district offices of the Corps of
Engineers in communicating with non-Federal interests
when entering into and implementing cost-sharing
agreements for dam safety repair projects; and
(3) to assist the Corps of Engineers in communicating
with non-Federal interests concerning the estimated and
final cost-share responsibilities of the non-Federal
interests under agreements for dam safety repair
projects.
----------
6. An Amendment To Be Offered by Representative Blum of Iowa or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. EXPEDITED COMPLETION OF AUTHORIZED PROJECT FOR FLOOD RISK
MANAGEMENT.
The Secretary shall expedite the completion of the project
for flood risk management, Cedar River, Cedar Rapids, Iowa,
authorized by item 3 of the table in section 7002(2) of the
Water Resources Development Act of 2014 (Public Law 113-121;
128 Stat. 1366).
----------
7. An Amendment To Be Offered by Representative Bost of Illinois or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. REVIEW OF BENEFITS.
When reviewing requests for repair or restoration of a flood
risk management project under the authority of section 5(a)(1)
of the Act of August 18, 1941, (33 U.S.C. 701n(a)(1)), the Army
Corps of Engineers is authorized to consider all benefits to
the public that may accrue from the proposed rehabilitation
work, including, flood risk management, navigation, recreation,
and ecosystem restoration.
----------
8. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 5029(b) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3908(b)) is amended--
(1) in paragraph (7)--
(A) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary''; and
(B) by adding at the end the following:
``(B) Financing fees.--On request of an
eligible entity, the Secretary or the
Administrator, as applicable, shall allow the
fees under subparagraph (A) to be financed as
part of the loan.''; and
(2) by adding at the end the following:
``(10) Credit.--Any eligible project costs incurred
and the value of any integral in-kind contributions
made before receipt of assistance under this subtitle
shall be credited toward the 51 percent of project
costs to be provided by sources of funding other than a
secured loan under this subtitle (as described in
paragraph (2)(A)).''.
----------
9. An Amendment To Be Offered by Representative Dold of Illinois or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. FEDERAL COST LIMITATION OF ECOSYSTEM RESTORATION COSTS FOR
CERTAIN PROJECTS.
Section 506(c) of the Water Resources Development Act of 2000
is amended by adding at the end the following:
``(5) A project carried out pursuant to this
subsection may include compatible recreation features
as determined by the Secretary, except that the Federal
cost of such features may not exceed 10 percent of the
ecosystem restoration costs of the project.''.
----------
10. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. NON-FEDERAL INTEREST SELECTION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in carrying out an authorized and funded
water resources development project, the Secretary shall
solicit and accept bids from non-Federal interests. If a non-
Federal interest can demonstrate greater cost effectiveness and
project delivery efficiency than the Corps of Engineers for
such project, the Secretary shall transfer the funds to the
non-Federal interest for project completion.
(b) Savings.--Funds saved in project delivery by a non-
Federal interest under subsection (a) shall be used as follows:
(1) 20 percent for deficit reduction.
(2) 80 percent for other projects of the Army Corps
of Engineers.
----------
11. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. LOCAL FLOOD PROTECTION WORKS.
(1) In general.--Permission for alterations by a non-
Federal interest to a Federal levee, floodwall, or
flood risk management channel project and associated
features may be granted by a District Engineer of the
Department of the Army or an authorized representative.
(2) Timely approval of permits.--On the date that is
120 days after the date on which the Secretary receives
an application for a permit pursuant to section 14 of
the Act of March 3, 1899 (commonly known as the
``Rivers and Harbors Appropriation Act of 1899'') (33
U.S.C. 408), the application shall be approved if--
(A) the Secretary has not made a
determination on the approval or disapproval of
the application; and
(B) the plans detailed in the application
were prepared and certified by a professional
engineer licensed by the State in which the
project is located.
----------
12. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. FLOOD MITIGATION AND RIVERINE RESTORATION PROGRAM.
The Secretary shall expedite carrying out the projects listed
under paragraphs (29) through (33) of section 212(e) of the
Water Resources Development Act of 1999 (33 U.S.C. 2332(e)) and
is authorized to proceed to construction on such any such
project if the Chief of Engineers determines the project is
feasible.
----------
13. An Amendment To Be Offered by Representative Long of Missouri or
His Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
(a) In General.--Notwithstanding any other provision of law,
the Secretary--
(1) shall include a 60-day public comment period for
a Table Rock Lake Master Plan and Table Rock Lake
Shoreline Management Plan revision; and
(2) shall not finalize a revision for the Table Rock
Lake Master Plan and Table Rock Lake Shoreline
Management Plan during the 5-year period beginning on
the date of enactment of this Act.
(b) Shoreline Use Permits.--During the period described in
subsection (a)(2), the Secretary shall lift or suspend the
moratorium on the issuance of new, and modifications to
existing, shoreline use permits based on the existing Table
Rock Lake Master Plan and Table Rock Lake Shoreline Management
Plan.
(c) Study.--
(1) In general.--The Secretary shall--
(A) carry out a study on the need to revise
permit fees relating to Table Rock Lake to
better reflect the cost of issuing those fees
and achieve cost savings; and
(B) submit to Congress a report on the
results of the study described in subparagraph
(A).
(2) Requirement.--The Secretary shall complete the
study under paragraph (1)(A) before adopting any
revision to the Table Rock Lake Shoreline Management
Plan.
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14. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. DISPOSITION STUDIES.
In carrying out any disposition study for a project of the
Corps of Engineers (including a study under section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a)), the Secretary
shall consider the extent to which the property has economic or
recreational significance or impacts at the national, State, or
local level.
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15. An Amendment To Be Offered by Representative Mica of Florida or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. ADJUSTMENT TO COST BENEFIT RATIO.
For any navigation project carried out by the Army Corps of
Engineers with non-Federal funds, the Secretary may, after
completion of any portion of the authorized project, adjust the
authorized benefit cost ratio.
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16. An Amendment To Be Offered by Representative Mullin of Oklahoma or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. LAND TRANSFER AND TRUST LAND FOR THE MUSCOGEE (CREEK) NATION.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the
Secretary shall transfer to the Secretary of the
Interior the land described in subsection (b) to be
held in trust for the benefit of the Muscogee (Creek)
Nation.
(2) Conditions.--The land transfer under this
subsection shall be subject to the following
conditions:
(A) The transfer--
(i) shall not interfere with the
Corps of Engineers operation of the
Eufaula Lake Project or any other
authorized civil works projects; and
(ii) shall be subject to such other
terms and conditions as the Secretary
determines to be necessary and
appropriate to ensure the continued
operation of the Eufaula Lake Project
or any other authorized civil works
project.
(B) The Secretary shall retain the right to
inundate with water the land transferred to the
Secretary of the Interior under this
subsection, as necessary to carry out an
authorized purpose of the Eufaula Lake Project
or any other civil works project.
(C) No gaming activities may be conducted on
the land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred pursuant
to subsection (a) is the approximately 18.38 acres of
land located in the Northwest Quarter (NW 1/4) of sec.
3, T. 10 N., R. 16 E., McIntosh County, Oklahoma,
generally depicted as ``USACE'' on the map entitled
``Muscogee (Creek) Nation Proposed Land Acquisition''
and dated October 16, 2014.
(2) Survey.--The exact acreage and legal description
of the land to be transferred under subsection (a)
shall be determined by a survey satisfactory to the
Secretary and the Secretary of the Interior.
(c) Consideration.--The Muscogee (Creek) Nation shall pay--
(1) to the Secretary an amount that is equal to the
fair market value of the land transferred under
subsection (a), as determined by the Secretary, which
funds may be accepted and expended by the Secretary;
and
(2) all costs and administrative expenses associated
with the transfer of land under subsection (a),
including the costs of--
(A) the survey under subsection (b)(2);
(B) compliance with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(C) any coordination necessary with respect
to requirements related to endangered species,
cultural resources, clean water, and clean air.
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17. An Amendment To Be Offered by Representative Rouzer of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. NO WAKE ZONES FOR VESSELS.
The Secretary shall work with State and local officials to
establish a no wake zone for vessels in a federally marked or
maintained navigation channel if--
(1) the channel is part of the Atlantic Intracoastal
Waterway;
(2) State or local law enforcement officers have
documented that there exist safety hazards that are a
direct result of excessive wakes in the channel;
(3) State or local laws have been enacted to
establish a no wake zone for the channel or waters
adjacent to the channel; and
(4) the Commandant of the Coast Guard determines that
the no wake zone protects the safety of--
(A) a vessel transiting the channel; and
(B) the crew and passengers aboard the
vessel.
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18. An Amendment To Be Offered by Representative Thornberry of Texas or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. LAKE KEMP, TEXAS.
Section 3149(a) of the Water Resources Development Act of
2007 is amended--
(1) by striking ``2020'' and inserting ``2025''; and
(2) by striking ``this Act'' and inserting ``the
Water Resources Development Act of 2016''.
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19. An Amendment To Be Offered by Representative Weber of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. COASTAL TEXAS ECOSYSTEM PROTECTION AND RESTORATION, TEXAS.
In carrying out the comprehensive planning authorized by
section 4091 of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1187), the Secretary shall
consider studies, data, and information developed by the Gulf
Coast Community Protection and Recovery District to expedite
completion of the plan.
----------
20. An Amendment To Be Offered by Representative Young of Iowa or His
Designee, Debatable for 10 Minutes
The end of title I, add the following:
SEC. __. CORPS LEVEES THAT AFFECT COMMUNITY-OWNED LEVEES.
Where Federally owned and operated levees increase flood risk
and compromise the accreditation of community-owned local flood
protection systems, it shall be the policy of the Corps of
Engineers to act expeditiously with actions required to
authorize, fund, identify, and implement improvements to reduce
and negate negative impacts to community-owned flood protection
system accreditation.
----------
21. An Amendment To Be Offered by Representative Esty of Connecticut or
Her Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. CORROSION PREVENTION.
Section 1033 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2350) is amended by adding at the end
the following:
``(d) Report.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the corrosion prevention activities encouraged under this
section that includes--
``(1) a description of the actions the Secretary has
taken to implement this section; and
``(2) a description of the projects utilizing
corrosion prevention activities, including which
activities were undertaken.''.
----------
22. An Amendment To Be Offered by Representative Esty of Connecticut or
Her Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. NORTH ATLANTIC COASTAL REGION.
Section 4009 of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1316) is amended--
(1) in subsection (a) by striking ``a study to
determine the feasibility of carrying out projects''
and inserting ``a comprehensive assessment and
management plan'';
(2) in subsection (b)--
(A) in the subsection heading by striking
``Study'' and inserting ``Assessment and
Plan''; and
(B) in the matter preceding paragraph (1), by
striking ``study'' and inserting ``assessment
and plan''; and
(3) in subsection (c)(1) by striking ``study'' and
inserting ``assessment and plan''.
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23. An Amendment To Be Offered by Representative Frankel of Florida or
Her Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. ACQUISITION OF BEACH FILL.
Section 935 of the Water Resources Development Act of 1986
(33 U.S.C. 2299) is amended by striking ``if such materials are
not available from domestic sources for environmental or
economic reasons''.
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24. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, insert the following:
SEC. __. PRIORITIZATION OF CERTAIN PROJECTS.
The Secretary shall give priority to a project for flood risk
management if--
(1) there is an executed project partnership
agreement for the project; and
(2) the project is located in an area--
(A) in which there has been a loss of life
due to flood events; and
(B) with respect to which the President has
declared that a major disaster or emergency
exists under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
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25. An Amendment To Be Offered by Representative Herrera Beutler of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. WATERCRAFT INSPECTION STATIONS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C.
610) is amended--
(1) in subsection (d)--
(A) by striking paragraph (1) and inserting
the following:
``(1) In general.--In carrying out this section, the
Secretary may establish, operate, and maintain new or
existing watercraft inspection stations to protect the
Columbia River Basin to be located in the States of
Idaho, Montana, Oregon, and Washington at locations, as
determined by the Secretary in consultation with such
States with the highest likelihood of preventing the
spread of aquatic invasive species at reservoirs
operated and maintained by the Secretary. The Secretary
shall also assist the States referred to in this
paragraph with rapid response of any Quagga or Zebra
mussel infestation.''.
(B) in paragraph (3) by inserting ``Governors
of the'' before ``States''; and
(2) in subsection (e) by striking paragraph (3) and
inserting the following:
``(3) assist the States in early detection of Quagga
and Zebra mussels;''.