[House Report 118-933]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-933
======================================================================
WILDFIRE RESPONSE IMPROVEMENT ACT
_______
December 19, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 7070]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 7070) to direct the Administrator
of the Federal Emergency Management Agency to conduct a review
of the criteria for evaluating the cost-effectiveness of
certain mitigation projects, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 5
Committee Oversight Findings and Recommendations................. 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 7
Duplication of Federal Programs.................................. 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Response Improvement Act''.
SEC. 2. FIRE MANAGEMENT ASSISTANCE PROGRAM POLICY.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall
recommend such regulations or guidance as are necessary to make
eligible assessments and emergency stabilization to protect public
safety, including for the fire management assistance program under
section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187), irrespective of the incident period
for a declared fire.
SEC. 3. CHANGES TO PUBLIC ASSISTANCE POLICY GUIDE.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall amend
the Public Assistance Program and Policy Guide of the Federal Emergency
Management Agency to include guidance on wildfire-specific recovery
challenges, including debris removal, emergency protective measures,
and the resulting toxicity of drinking water resources.
SEC. 4. MITIGATION COST-EFFECTIVENESS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency shall conduct a review of the criteria for evaluating
the cost-effectiveness of projects intended to mitigate the impacts of
wildfire under sections 203 and 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c),
including--
(1) the establishment of pre-calculated benefits criterion
for common defensible space mitigation projects for wildfire
mitigation;
(2) the use of nature-based infrastructure in wildfire
mitigation;
(3) considerations for vegetation management for wildfire
mitigation;
(4) reducing the negative effects of wildfire smoke on public
health; and
(5) lessening the impact of wildfires on water
infrastructure.
(b) Updated Criteria.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue such guidance as
is necessary to--
(1) update criteria for evaluating the cost-effectiveness of
mitigation projects under sections 203 and 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133; 5170c) based on the results of the review
conducted under subsection (a); and
(2) prioritize projects under such sections based on the
criteria updated under paragraph (1).
SEC. 5. WAIVER OF DUPLICATE BENEFITS.
Section 1210(a) of the FAA Reauthorization Act of 2018 (Public Law
115-254) is amended--
(1) in paragraph (3) by striking ``between January 1, 2016,
and December 31, 2021'' and inserting ``during the period
beginning on January 1, 2016, and ending on the date on which
the provision contained in such amendment is struck pursuant to
paragraph (4)'';
(2) in paragraph (4) by striking ``5'' and inserting ``10'';
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) Prohibition on income threshold.--In carrying out the
amendment made by paragraph (1), no income threshold may be
applied to limit the eligibility of a recipient from qualifying
for a waiver under the amendment made by such paragraph.''.
Purpose of Legislation
The purpose of H.R. 7070, as amended, is to direct the
Administrator of the Federal Emergency Management Agency to
conduct a review of the criteria for evaluating the cost-
effectiveness of certain mitigation projects, and for other
purposes.
Background and Need for Legislation
H.R. 7070, the Wildfire Response Improvement Act, as
amended, requires the Administrator of the Federal Emergency
Management Agency (FEMA) to take certain actions to improve the
management of and mitigation against wildfires. The bill
directs FEMA to issue recommendations on regulations and
guidance to make post-fire assessments and emergency
stabilization to protect safety and eligible uses of the Fire
Management Assistance Grant program. The bill also amends
FEMA's Public Assistance Program and Policy Guide to include
guidance on wildfire-specific recovery challenges.
The legislation also directs FEMA to review and update the
criteria for evaluating the cost-effectiveness of projects
intended to mitigate the impacts of wildfire under FEMA's
mitigation programs, including FEMA's predisaster mitigation
program known as Building Resilient Infrastructure and
Communities (BRIC) authorized pursuant to section 203 of the
Robert T. Stafford Relief and Emergency Assistance Act
(Stafford Act, P.L. 100-707, as amended) and FEMA's Hazard
Mitigation Grant Program (HMGP) authorized pursuant to section
404 of the Stafford Act.\1\
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\1\ 42 U.S.C. Sec. Sec. 5133, 5170c.
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Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress, the following hearing was used to develop or
consider H.R. 7070:
On September 19, 2023, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management of the
Committee on Transportation and Infrastructure held a hearing
entitled, ``FEMA: The Current State of Disaster Readiness,
Response, and Recovery.''\2\ The Subcommittee received
testimony from the Honorable Deanne Criswell, Administrator,
FEMA.
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\2\FEMA: The Current State of Disaster Readiness, Response, and
Recovery: Hearing Before the H. Comm. On Transp. And Infrastructure,
118th Cong. (Sept. 19, 2023).
---------------------------------------------------------------------------
Legislative History and Consideration
H.R. 7070, the Wildfire Response Improvement Act, was
introduced in the United States House of Representatives on
January 22, 2024, by Mr. Stanton of Arizona, with Mr. LaMalfa
of California as an original cosponsor, and referred to the
Committee on Transportation and Infrastructure. Within the
Committee on Transportation and Infrastructure, H.R. 7070 was
referred to the Subcommittee on Economic Development, Public
Buildings, and Emergency Management. The Subcommittee on
Economic Development, Public Buildings, and Emergency
Management was discharged from further consideration of H.R.
7070 on January 31, 2024.
The Committee considered H.R. 7070 on January 31, 2024, and
ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by voice vote.
The following amendments were offered:
An amendment to H.R. 7070 offered by Mr. Graves of
Louisiana (093); At the end of the bill, add the following:
SEC. 5. WAIVER OF DUPLICATE BENEFITS. Section 1210(a) of the
FAA Reauthorization Act of 2018 (Public Law 115-254) is
amended--(1) in paragraph (3) by striking ``between January 1,
2016, and December 31, 2021'' and inserting ``during the period
beginning on January 1, 2016, and ending on the date on which
the provision contained in such amendment is struck pursuant to
paragraph (4)''; (2) in paragraph (4) by striking ``5'' and
inserting ``10''; (3) by redesignating paragraph (5) as
paragraph (6); and (4) by inserting after paragraph (4) the
following: ``(5) PROHIBITION ON INCOME THRESHOLD.--In carrying
out the amendment made by paragraph (1), no income threshold
may be applied to limit the eligibility of a recipient from
qualifying for a waiver under the amendment made by such
paragraph.''; was AGREED TO by voice vote.
An Amendment to H.R. 7070 offered by Mr. Garamendi (166);
At the end of the bill, add the following: SEC. 5. FIRE
MANAGEMENT ASSISTANCE COST SHARE. (a) IN GENERAL.--Section 420
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Sec. 5187) is amended--(1) by
redesignating subsection (e) as sub-section (f); and (2) by
inserting after subsection (d) the following: ``(e) FEDERAL
SHARE.--The Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of such
assistance.''. (b) APPLICABILITY.--The amendment made by
subsection (a) shall only apply to amounts appropriated on or
after the date of enactment of this Act. (c) RULEMAKING.--Not
later than years after the date of enactment of this Act, the
President, acting through the Administrator of the Federal
Emergency Management Agency, shall conduct and complete a
rulemaking to provide criteria for the circumstances under
which the Administrator may recommend the President increase
the Federal cost share for section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Sec. 5187). Such criteria shall include a threshold
metric that assesses the financial impact to a State or local
government from responding to a fire for which fire management
assistance is being provided; was WITHDRAWN.
An Amendment to H.R. 7070 offered by Mr. Garamendi (168);
At the end of the bill, add the following: SEC. 5. RIGHT OF
APPEAL OF ASSISTANCE DECISIONS. Section 423(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Sec. 5189a(a)) is amended--(1) by striking ``title'' and
inserting ``title, including a declaration made by the
President under section 401,''; (2) by inserting ``a period
that is not less than'' before ``60 days''; and (3) by adding
at the end the following: ``The Administrator may extend the
period to appeal such decision upon the request of a State,
local, or Indian tribal government.''; was WITHDRAWN.
An Amendment to H.R. 7070 offered by Mr. Perry (403
Revision 1); At the end of the bill, add the following: SEC. 5.
PROHIBITION ON USE OF FUNDS. (a) PREDISASTER HAZARD
MITIGATION.--Section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. Sec. 5133) is
amended by adding at the end the following: ``(m)
PROHIBITION.--The President may not provide assistance under
this section to a State that has not completed a wildfire
management program that incorporates, as appropriate, the
principles of active management to facilitate wildfire
prevention, suppression, and recovery planning measures.''. (b)
HAZARD MITIGATION.--Section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
Sec. 5170c) is amended by adding at the end the following:
``(h) PROHIBITION.--The President may not provide assistance
under this section to a State that has not completed a wildfire
management program that incorporates, as appropriate, the
principles of active management to facilitate wildfire
prevention, suppression, and recovery planning measures.''. (c)
FIRE MANAGEMENT ASSISTANCE.--Section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Sec. 5187) is further amended by adding at the end the
following: ``(g) PROHIBITION.--The President may not provide
assistance under this section to a State that has not completed
a wildfire management program that incorporates, as
appropriate, the principles of active management to facilitate
wildfire prevention, suppression, and recovery planning
measures.''; was WTHDRAWN.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested during the consideration
of H.R. 7070, as amended.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 7070, as amended,
from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 7070 would require the Federal Emergency Management
Agency (FEMA) to update administrative policies for grants and
technical assistance that it provides to state, local, and
tribal governments to control and mitigate the effects of
wildfires. Specifically, within one year of enactment, H.R.
7070 would require FEMA to update:
Regulations and guidance for making
assessments of eligibility under the Fire Management
Assistance Grant Program;
Policy guidance under the Public Assistance
Program to include wildfire-specific information about
debris removal, emergency protective measures, and the
toxic effects on drinking water resources; and
The criteria used to evaluate the cost-
effectiveness of federally funded projects that
mitigate the effects of wildfires.
In addition, H.R. 7070 would extend through October 5,
2028, the authority of local governments that administer
federal funds under the Community Development Block Grant
Disaster Recovery (CDBG-DR) program to provide cash assistance
to households to repay disaster loans provided by the Small
Business Administration. That authority expired in October
2023.
Using information from FEMA about the cost of similar
activities, CBO expects that the agency would require
additional staff to conduct outreach, gather and analyze data,
and update guidance. In total, CBO estimates that implementing
the bill would cost $3 million over the 2024-2029 period. Any
spending would be subject to the availability of appropriated
funds.
In addition, CBO estimates that extending the authority of
local governments to use existing CDBG-DR funds to provide cash
assistance for repayment of disaster loans would increase
direct spending in the short term and reduce it in later years.
In the absence of that extension, those funds likely would be
spent on other forms of assistance, such as housing or
infrastructure construction, that CBO expects would take longer
to spend than providing cash assistance. CBO estimates that
enacting the provision would have no effect on net direct
spending over the 2024-2034 period.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to direct
the Administrator of FEMA to conduct a review of the criteria
for evaluating the cost-effectiveness of certain mitigation
projects.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 7070, as amended, establishes or reauthorizes a program
of the Federal government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 7070, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Wildfire Response Improvement Act''.
Section 2. Fire management assistance program policy
This section directs the Administrator of FEMA not later
than one year after the date of enactment of this Act to
recommend regulations or guidance as are necessary to make
eligible assessments and emergency stabilization to protect
public safety, including for the fire management assistance
program under section 420 of the Stafford Act.
Section 3. Changes to Public Assistance Policy Guide
This section directs the Administrator of FEMA not later
than one year after the date of enactment of this Act to amend
FEMA's Public Assistance Program and Policy Guide to include
guidance on wildfire-specific recovery challenges, including
debris removal, emergency protective measures, and the
resulting toxicity of drinking water resources.
Section 4. Mitigation cost-effectiveness
This section directs the Administrator of FEMA to conduct a
review of the criteria for evaluating the cost-effectiveness of
projects intended to mitigate the impacts of wildfire under
sections 203 and 404 of the Stafford Act, and directs the
Administrator not later than one year after the date of
enactment of this Act to issue guidance that updates such
criteria for evaluating the cost-effectiveness of such
mitigation projects.
Section 5. Waiver of duplicate benefits
This section amends section 1210(a) of the FAA
Reauthorization Act of 2018 (P.L. 115-254) to extend the
applicability of certain waivers pursuant to section 312 of the
Stafford Act and prohibits the imposition of an income
threshold in the qualifications for such waivers.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
FAA REAUTHORIZATION ACT OF 2018
* * * * * * *
DIVISION D--DISASTER RECOVERY REFORM
* * * * * * *
SEC. 1210. DUPLICATION OF BENEFITS.
(a) In General.--
(1) Authority.--Section 312(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5155(b)) is amended by adding at the end the
following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive
the general prohibition provided in subsection
(a) upon request of a Governor on behalf of the
State or on behalf of a person, business
concern, or any other entity suffering losses
as a result of a major disaster or emergency,
if the President finds such waiver is in the
public interest and will not result in waste,
fraud, or abuse. In making this decision, the
President may consider the following:
``(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation
with the Federal agency or agencies
administering the duplicative program.
``(ii) If a waiver is granted, the
assistance to be funded is cost
effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the
President.
``(B) Grant or denial of waiver.--A request
under subparagraph (A) shall be granted or
denied not later than 45 days after submission
of such request.
``(C) Prohibition on determination that loan
is a duplication.--Notwithstanding subsection
(c), in carrying out subparagraph (A), the
President may not determine that a loan is a
duplication of assistance, provided that all
Federal assistance is used toward a loss
suffered as a result of the major disaster or
emergency.''.
(2) Limitation.--This subsection, including the
amendment made by paragraph (1), shall not be construed
to apply to section 406 or 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172, 5174).
(3) Applicability.--The amendment made by paragraph
(1) shall apply to any major disaster or emergency
declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170, 5191)
[between January 1, 2016, and December 31, 2021] during
the period beginning on January 1, 2016, and ending on
the date on which the provision contained in such
amendment is struck pursuant to paragraph (4).
(4) Sunset.--On the date that is [5] 10 years after
the date of enactment of this Act, section 312(b) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155(b)) is amended by
striking paragraph (4), as added by subsection (a)(1)
of this section.
(5) Prohibition on income threshold.--In carrying out
the amendment made by paragraph (1), no income
threshold may be applied to limit the eligibility of a
recipient from qualifying for a waiver under the
amendment made by such paragraph.
[(5)] (6) Report.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Administrator, in coordination with other
relevant Federal agencies, shall submit to the
congressional committees of jurisdiction a
report conducted by all relevant Federal
agencies to improve the comprehensive delivery
of disaster assistance to individuals following
a major disaster or emergency declaration under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
(B) Contents.--The report required under
subparagraph (A) shall include both
administrative actions taken, or planned to be
taken, by the agencies as well as legislative
proposals, where appropriate, of the following:
(i) Efforts to improve coordination
between the Agency and other relevant
Federal agencies when delivering
disaster assistance to individuals.
(ii) Clarify the sequence of delivery
of disaster assistance to individuals
from the Agency, and other relevant
Federal agencies.
(iii) Clarify the interpretation and
implementation of section 312 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5155) when providing disaster
assistance to individuals, including
providing a common interpretation
across the Agency, and other relevant
Federal agencies, of the definitions
and requirements under such section
312.
(iv) Increase the effectiveness of
communication to applicants for
assistance programs for individuals
after a disaster declaration, including
the breadth of programs available and
the potential impacts of utilizing one
program versus another.
(C) Report update.--Not later than 4 years
after the date of enactment of this subsection,
the Administrator, in coordination with other
relevant Federal agencies, shall submit to the
congressional committees of jurisdiction an
update to the report required under
subparagraph (A).
(b) Funding of a Federally Authorized Water Resources
Development Project.--
(1) Eligible activities.--Notwithstanding section 312
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155) and its implementing
regulations, assistance provided pursuant to section
404 of such Act may be used to fund activities
authorized for construction within the scope of a
federally authorized water resources development
project of the Army Corps of Engineers if such
activities are also eligible activities under such
section.
(2) Federal funding.--All Federal funding provided
under section 404 pursuant to this section shall be
applied toward the Federal share of such project.
(3) Non-federal match.--All non-Federal matching
funds required under section 404 pursuant to this
section shall be applied toward the non-Federal share
of such project.
(4) Total federal share.--Funding provided under
section 404 pursuant to this section may not exceed the
total Federal share for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a
hazard mitigation measure under section 404;
(B) affect the eligibility criteria for a
hazard mitigation measure under section 404;
(C) affect the cost share requirements of a
federally authorized water resources
development project; and
(D) affect the responsibilities of a non-
Federal interest with respect to the project,
including those related to the provision of
lands, easements, rights-of-way, dredge
material disposal areas, and necessary
relocations.
(6) Limitation.--If a federally authorized water
resources development project of the Army Corps of
Engineers is constructed with funding provided under
section 404 pursuant to this subsection, no further
Federal funding shall be provided for construction of
such project.
* * * * * * *
[all]