33 U.S.C. 408(a)changedby H.R. 9497 Sec. 105(a)
(a) Prohibitions and permissions. It shall not be lawful(1) In general.— It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of…
The bill says: by striking "It shall not be lawful" and inserting the following:
Bill text · Current law (33 U.S.C. 408)
33 U.S.C. 408(a)added (2)by H.R. 9497 Sec. 105(a)
(2) Categorical permissions.—(A) In general.— The Secretary shall, by rule, establish categorical permissions for any category of activities for which an application for permission under paragraph (1) may be submitted.(B) Scope.— In establishing categorical permissions under subparagraph (A), the Secretary shall consider the following:(i) The type and similarity of activities to be included in any specific category.(ii) The geographic area to which the categorical permission will apply.(iii) The type and similarity of the public works with respect to which the categorical permission will apply.(iv) The effects of the activities to be included in a category on the applicable public works and on environmental and cultural resources.(v) Any additional Federal regulatory requirements that apply to the activities to be included in a category.(vi) An appropriate period of validity for the categorical permission.(C) Requirement.— The Secretary may only establish a categorical permission under this subsection that the Secretary determines will apply to a category of activities that—(i) are similar in nature to activities for which applications for permission are regularly submitted under this section;(ii) will cause only minimal adverse environmental effects when carried out separately; and(iii) will cause only minimal cumulative adverse environmental effects.(D) Public input.—(i) Scoping process.— In establishing categorical permissions under this paragraph, the Secretary shall solicit input from non-Federal interests, including landowners, hydropower operators, and resource agencies.(ii) Comment period.— The Secretary shall make all draft categorical permissions, including any associated analyses and other documentation, available for public review and comment for not less than 30 days.(E) Transparency.— The Secretary shall publish all categorical permissions established under this paragraph on an appropriate website of the Corps of Engineers, including, for each categorical permission, identification of—(i) the types of activities to which the categorical permission applies;(ii) any specific circumstances that, if present, would cause the categorical permission to not apply to an activity of a type identified under clause (i);(iii) the geographic area to which the categorical permission applies;(iv) the types of public works with respect to which the categorical permission applies; and(v) the period for which the categorical permission is valid.(F) Incorporation into application process.—(i) Identification in request.— A non-Federal entity may identify in an application for permission under this subsection any categorical permission that may apply to the activity for which the permission is requested.(ii) Inclusion in completeness determination.— In informing a non-Federal entity whether an application for permission under this subsection is complete under subsection (d)(1), the Secretary shall include an assessment of whether a categorical permission will apply to the activity for which permission is requested, including an evaluation of the applicability of—(I) any categorical permission identified by the non-Federal entity in the application; and(II) any other categorical permission the Secretary determines appropriate.(G) Limitations.— Nothing in this paragraph affects—(i) the authority of the Secretary to grant or deny permission under this section; or(ii) any obligation to comply with the provisions of any Federal or State law, including—(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and(III) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(H) Deadline for proposed rule.— Not later than 180 days after the date of enactment of the Water Resources Development Act of 2026, the Secretary shall publish a proposed rule establishing categorical permissions under this paragraph.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 408)
33 U.S.C. 2280(b)rewrittenby H.R. 9497 Sec. 106
(b) Contributions by non-Federal interests.— Notwithstanding subsection (a), in accordance with section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), if the Chief of Engineers makes a determination under section 8155(b)(1) of the Water Resources Development Act of 2022 (33 U.S.C. 2280 note) that an authorized water resources development project has exceeded, or is expected to exceed, its maximum cost under subsection (a), the Secretary may—(1) accept funds from the non-Federal interest for such project pursuant to a written agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b); and(2) use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project.
The bill says: Section 902(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2280(b)) is amended to read as follows:
Bill text · Current law (33 U.S.C. 2280)
33 U.S.C. 2345(a)changedby H.R. 9497 Sec. 107(a)
The bill says: in the subsection heading, by striking "Development of Electronic" and inserting "Electronic";
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(a)rewrittenby H.R. 9497 Sec. 107(a)
(1) In general.— The Secretary shall implement an electronic system to allow the electronic—(A) preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary; and(B) tracking of documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.
The bill says: by amending paragraph (1) to read as follows:
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(a)(2)(E)changedby H.R. 9497 Sec. 107(a)
(E) applications or requests for jurisdictional determinations; and
The bill says: in subparagraph (E), by striking "; and" and inserting a semicolon;
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(a)(2)(F)changedby H.R. 9497 Sec. 107(a)
(F) preconstruction notification submissions, when required for a nationwide or other general permit.; and
The bill says: in subparagraph (F), by striking the period at the end and inserting "; and"; and
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(a)(2)added (G)by H.R. 9497 Sec. 107(a)
(G) documents related to Federal environmental reviews for projects under the jurisdiction of the Secretary or for which the Corps of Engineers is designated as the lead Federal agency.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(a)added (5)by H.R. 9497 Sec. 107(a)
(5) Coordination with other agencies.— To the maximum extent practicable, the Secretary shall use the electronic system required under paragraph (1) to enhance interagency coordination in the preparation of documents related to Federal environmental reviews.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(b)(4)changedby H.R. 9497 Sec. 107(b)
(4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
The bill says: in paragraph (4), by striking "; and" and inserting a semicolon;
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(b)(5)(C)changedby H.R. 9497 Sec. 107(b)
(C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.; and
The bill says: in paragraph (5)(C), by striking the period at the end and inserting "; and"; and
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(b)added (6)by H.R. 9497 Sec. 107(b)
(6) enable a non-Federal interest for a project to—(A) submit information related to the preparation of any Federal environmental review document associated with the project; and(B) track the status of a Federal environmental review associated with the project.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(d)changedby H.R. 9497 Sec. 107(c)
The bill says: in the subsection heading, by striking "Record of Determinations" and inserting "Record Retention";
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(d)(1)changedby H.R. 9497 Sec. 107(c)
The bill says: in paragraph (1), by inserting ", and all Federal environmental review documents included in the electronic system" before the period at the end; and
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(d)(2)changedby H.R. 9497 Sec. 107(c)
(2) Archiving of information. The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, and all Federal environmental review documents included in the electronic system after the 5-year maintenance period described in paragraph (1).
The bill says: in paragraph (2), by inserting "and all Federal environmental review documents included in the electronic system" before "after the 5-year".
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(e)changedby H.R. 9497 Sec. 107(d)
The bill says: in the subsection heading, by striking "Determinations" and inserting "Records"; and
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(e)(1)changedby H.R. 9497 Sec. 107(d)
(1) In general. The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary , and all final Federal environmental review documents included in the electronic system, available to the public for review and reproduction.
The bill says: in paragraph (1), by inserting ", and all final Federal environmental review documents included in the electronic system," before "available to the public".
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(f)(1)changedby H.R. 9497 Sec. 107(e)
The bill says: Section 2040(f)(1) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(f)(1)) is amended by striking "2 years after the date of enactment of the Water Resources Development Act of 2022" and inserting "1 year after the date of enactment of the Water Resources Development Act of 2026".
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345(g)changedby H.R. 9497 Sec. 107(f)
The bill says: Section 2040(g) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(g)) is amended by inserting ", and the requirements described in subsections (d) and (e) relating to Federal environmental documents shall apply with respect to Federal environmental review documents that are prepared after the date of enactment of the Water Resources Development Act of 2026" before the period at the end.
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345added (i)by H.R. 9497 Sec. 107(g)
(i) Consistency with E–NEPA.— In carrying out this section, the Secretary shall take into consideration the results of the permitting portal study conducted pursuant to the amendment made by section 321(b) of the Fiscal Responsibility Act of 2023 (137 Stat. 44).
The bill says: Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2345changedby H.R. 9497 Sec. 107(h)
The bill says: Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended in the section heading by striking "Permit Applications" and inserting "Permit Applications and Other Documents".
Bill text · Current law (33 U.S.C. 2345)
33 U.S.C. 2282crewrittenby H.R. 9497 Sec. 108(a)
(a) In general.— In carrying out a feasibility study carried out by the Secretary pursuant to section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282), the Secretary shall—(1) complete the feasibility study as efficiently and expeditiously as practicable;(2) align the scope of the feasibility study with the goals of the non-Federal interest, to the extent practicable in accordance with the authorities of the Secretary and statutory requirements relating to water resources development projects;(3) carry out the feasibility study in a manner that ensures that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under such section 905; and(4) include in the report submitted with respect to the study under section 2033(f)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)(2)) sufficient information for Congress to fully review the study, which may be in the form of details relating to any remaining project cost uncertainties as appropriate for the maturity of the project design.
The bill says: by amending subsection (a) to read as follows:
Bill text · Current law (33 U.S.C. 2282c)
33 U.S.C. 2282c(d)(1)changedby H.R. 9497 Sec. 108(a)
(1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005any required environmental review;
The bill says: in subsection (d)(1), by striking "the environmental review process under section 1005" and inserting "any required environmental review";
Bill text · Current law (33 U.S.C. 2282c)
33 U.S.C. 2282cremovedby H.R. 9497 Sec. 108(a)
The bill says: by striking subsections (b), (c), (e), and (f); and
Bill text · Current law (33 U.S.C. 2282c)
33 U.S.C. 2282crenumberedby H.R. 9497 Sec. 108(a)
The bill says: by redesignating subsection (d) as subsection (b).
Bill text · Current law (33 U.S.C. 2282c)
33 U.S.C. 2282(g)(2)changedby H.R. 9497 Sec. 108(b)
(2) Detailed project schedule milestones. Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).
The bill says: in paragraph (2), by striking ", to the maximum extent practicable,";
Bill text · Current law (33 U.S.C. 2282)
33 U.S.C. 2282(g)changedby H.R. 9497 Sec. 108(b)
(3) Requirements.—(A) In general.— In carrying out paragraph (2), for each feasibility study, the relevant District Engineer shall establish deadlines for milestones, and a total cost estimate for the study, taking into consideration, to the maximum extent practicable—(i) the goals of the non-Federal interest;(ii) the statutory requirements and authorities of the Corps of Engineers;(iii) the complexity of the study; and(iv) any other factors identified by the District Engineer and the non-Federal interest.(B) Collaboration with non-Federal interest.— The District Engineer shall collaborate with the relevant non-Federal interest in establishing deadlines for milestones under subparagraph (A).(C) Complexity.— In determining the complexity of a feasibility study for purposes of subparagraph (A), the District Engineer shall consider, with respect to the project that is the subject of the feasibility study—(i) the type, size, location, scope, and overall projected cost of the project;(ii) whether the project will use any innovative design or construction techniques;(iii) whether the project will require significant action by other Federal, State, or local agencies;(iv) whether there is significant public dispute as to the nature or effects of the project; and(v) whether there is significant public dispute as to the economic or environmental costs or benefits of the project.(D) Extensions.— At the request of the relevant non-Federal interest, the District Engineer shall extend any deadline established under subparagraph (A).
The bill says: by striking paragraph (3) and inserting the following:
Bill text · Current law (33 U.S.C. 2282)
33 U.S.C. 2282(g)changedby H.R. 9497 Sec. 108(b)
(4) Congressional and public notification.— For each fiscal year, the Secretary shall—(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report that includes—(i) a list of all detailed project schedules established under paragraph (2) in the fiscal year;(ii) a description of any such project schedule that is expected to result in the completion of a final feasibility report more than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2033(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f));(iii) a description of any feasibility study for which the maximum Federal cost is expected to exceed $5,000,000, based on the total cost estimate established under paragraph (2), including an explanation of such exceedance; and(iv) an explanation of any missed deadlines or extensions; and(B) make publicly available (including on a publicly available website) a copy of the annual report described in subparagraph (A) not later than 14 days after the date on which a report is submitted to Congress.
The bill says: by striking paragraph (4) and inserting the following:
Bill text · Current law (33 U.S.C. 2282)
33 U.S.C. 2347crewrittenby H.R. 9497 Sec. 109(c)
155 Studies and projects for drought resiliency.—(a) In general.— The Secretary shall establish a program to carry out, in partnership with non-Federal interests, studies and projects for drought resiliency.(b) Requirements.—(1) Studies.— The Secretary may carry out a study under this section for a project to provide for drought resiliency, including through—(A) the implementation of water conservation measures to mitigate and address drought conditions;(B) the management of sediment for increased water in the applicable watershed;(C) mitigation and monitoring associated with aquatic or riparian nonnative species that exacerbate drought conditions, such as salt cedar;(D) the planting of native plant species that will reduce the risk of drought and the incidence of nonnative plant species;(E) the construction of small water storage projects;(F) groundwater aquifer recharge; or(G) other actions that increase drought resiliency and water conservation.(2) Projects.— The Secretary may carry out a project under this subsection if the Secretary determines, based on the study for the project carried out under paragraph (1), that the project—(A) will provide for drought resiliency, including through actions described in such paragraph;(B) is in the public interest; and(C) is cost effective.(3) Use of natural and nature-based features.— In carrying out a study or project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))).(4) Items provided by non-Federal interest.—(A) In general.— The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project.(B) Credit.— The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project.(5) Agreements.— Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay—(A) the non-Federal share of the costs of construction required under this section; and(B) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary.(c) Cost-Share.—(1) Studies.— Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense.(2) Construction.—(A) In general.— Subject to paragraph (3), and except as provided in subparagraph (B), the non-Federal share of the cost of construction of a project carried out under this section shall be 35 percent.(B) Small water storage projects.— A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to construction of projects under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), including—(i) for municipal and industrial water supply, the non-Federal share of the cost shall be 100 percent;(ii) for agricultural water supply, the non-Federal share of the cost shall be 35 percent; and(iii) for recreation, including recreational navigation, the non-Federal share of the cost shall be 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation.(3) Limitation.— The total Federal amount expended for a study or project under this section shall be not more than $10,000,000.(d) Technical assistance.— In carrying out this section, the Secretary may provide technical assistance to a non-Federal interest necessary to support comprehensive, systemwide approaches, and operations, maintenance, replacement, and rehabilitation activities, that take into account changing conditions from extreme and prolonged weather events.(e) Funding.— There is authorized to be appropriated to carry out this section $35,000,000 for each fiscal year.(f) Small water storage project defined.— In this section, the term small water storage project means a project for water storage that—(1) in the case of a new project, has a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; or(2) in the case of an enlargement of an existing project, is for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet.
The bill says: Section 155 of the Water Resources Development Act of 2020 (33 U.S.C. 2347c) is amended to read as follows:
Bill text · Current law (33 U.S.C. 2347c)
33 U.S.C. 701rchangedby H.R. 9497 Sec. 109(d)
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000$62,500,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical…
The bill says: Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking "$50,000,000" and inserting "$62,500,000".
Bill text · Current law (33 U.S.C. 701r)
33 U.S.C. 701schangedby H.R. 9497 Sec. 109(e)
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000$100,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title), for flood…
The bill says: Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended, in the first sentence, by striking "$90,000,000" and inserting "$100,000,000".
Bill text · Current law (33 U.S.C. 701s)
33 U.S.C. 701gchangedby H.R. 9497 Sec. 109(f)
The Secretary of the Army is authorized to allot not to exceed $15,000,000$19,000,000 from any appropriations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris, for preventing and mitigating flood damages associated with ice jams, and clearing and straightening the channel in navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of flood control: Provided, That not more than $1,000,000 shall be expended for this purpose for any single tributary from the appropriations for any one fiscal year.
The bill says: Section 2 of the Act of August 28, 1937 (33 U.S.C. 701g) is amended by striking "$15,000,000" and inserting "$19,000,000".
Bill text · Current law (33 U.S.C. 701g)
33 U.S.C. 2309a(h)changedby H.R. 9497 Sec. 109(g)
(h) Authorization of appropriations. There is authorized to be appropriated not to exceed $62,000,000$75,000,000 annually to carry out this section.
The bill says: Section 1135(h) of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking "$62,000,000" and inserting "$75,000,000".
Bill text · Current law (33 U.S.C. 2309a)
33 U.S.C. 2282d(c)(1)(D)(iii)(IX)changedby H.R. 9497 Sec. 109(h)
The bill says: in subclause (IX), by striking "; and" and inserting a semicolon;
Bill text · Current law (33 U.S.C. 2282d)
33 U.S.C. 2282d(c)(1)(D)(iii)(X)changedby H.R. 9497 Sec. 109(h)
The bill says: in subclause (X), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (33 U.S.C. 2282d)
33 U.S.C. 2282d(c)(1)(D)(iii)added (XI)by H.R. 9497 Sec. 109(h)
(XI) section 109(a) of the Water Resources Development Act of 2026; and(XII) section 155 of the Water Resources Development Act of 2020.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2282d)
33 U.S.C. 2238(a)(1)changedby H.R. 9497 Sec. 113(b)
The bill says: by striking "to the extent practicable,"; and
Bill text · Current law (33 U.S.C. 2238)
33 U.S.C. 2238(a)(1)changedby H.R. 9497 Sec. 113(b)
The bill says: by striking ", to the extent there are identifiable operations and maintenance needs,"; and
Bill text · Current law (33 U.S.C. 2238)
33 U.S.C. 2238(a)changedby H.R. 9497 Sec. 113(b)
(3) Annual reporting.— For each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report that includes the following:(A) The total amount of expenditures made in the fiscal year to pay for projects described in each of subparagraphs (A) through (D) of paragraph (1).(B) A list of projects for which such expenditures were made, including the amounts expended for each project.(C) An explanation for any failure to make such expenditures in compliance with the requirements of paragraph (1) in the fiscal year, and a corrective plan for the subsequent fiscal year.
The bill says: by striking paragraph (3) and inserting the following:
Bill text · Current law (33 U.S.C. 2238)
33 U.S.C. 598badded (f)by H.R. 9497 Sec. 116(b)
(f) Delegation of approval authority.— The Secretary shall, to the maximum extent practicable, delegate approval of the minimum interest in real property identified under subsection (b) necessary to support a specific water resources development project to the District Commander of the district of the Corps of Engineers in which the project is located.
The bill says: Section 1104 of the Water Resources Development Act of 2024 (33 U.S.C. 598b) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 598b)
33 U.S.C. 2267a(a)(5)changedby H.R. 9497 Sec. 118(1)
(5) water supply (including projected water supply needs for municipal, domestic, industrial, and agricultural purposes);
The bill says: in subsection (a)(5), by inserting "(including projected water supply needs for municipal, domestic, industrial, and agricultural purposes)" after "supply"; and
Bill text · Current law (33 U.S.C. 2267a)
33 U.S.C. 2267a(d)(17)changedby H.R. 9497 Sec. 118(2)
(17) Lower Rouge River Watershed, Michigan; and
The bill says: in paragraph (17), by striking "; and" and inserting a semicolon;
Bill text · Current law (33 U.S.C. 2267a)
33 U.S.C. 2267a(d)(18)changedby H.R. 9497 Sec. 118(2)
The bill says: in paragraph (18), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (33 U.S.C. 2267a)
33 U.S.C. 2267a(d)added (19)by H.R. 9497 Sec. 118(2)
(19) Eightmile River Watershed, Connecticut;(20) Central Florida watersheds;(21) Pensacola Bay System Watershed, Florida.(22) Muskegon River Watershed, Michigan;(23) Great Egg Harbor River Watershed, New Jersey;(24) Middle Rio Grande Watershed, New Mexico;(25) the Upper Ohio River Basin;(26) the Rio Grande Basin, Texas; and(27) the Great Salt Lake Basin.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2267a)
33 U.S.C. 610(a)added (4)by H.R. 9497 Sec. 125
(4) Indirect costs.— Funds made available to carry out this section may be used to pay reasonable and necessary indirect costs associated with activities carried out under this section, including administrative expenses, overhead, and other costs not directly attributable to a specific project.
The bill says: Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 610)
33 U.S.C. 2282(b)changedby H.R. 9497 Sec. 126
The bill says: Section 116(b) of Water Resources Development Act of 2020 (33 U.S.C. 2282 note) is amended by inserting ", shoreline protection, or emergency streambank protection" after "reduction".
Bill text · Current law (33 U.S.C. 2282)
33 U.S.C. 610(c)(15)changedby H.R. 9497 Sec. 127(1)
The bill says: in paragraph (15), by striking "and" at the end;
Bill text · Current law (33 U.S.C. 610)
33 U.S.C. 610(c)(16)changedby H.R. 9497 Sec. 127(1)
The bill says: in paragraph (16), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (33 U.S.C. 610)
33 U.S.C. 610(c)added (17)by H.R. 9497 Sec. 127(1)
(17) Putnam Lake, New York;(18) Ross Island Lagoon, Oregon;(19) Lakes and reservoirs in the Commonwealth of Pennsylvania, including Blue Marsh Lake; and(20) Rio Grande River Basin, Texas.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 610)
33 U.S.C. 610added (h)by H.R. 9497 Sec. 127(2)
(h) Annual update to committees.— Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an update on the status of the demonstration program carried out under subsection (a).
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 610)
33 U.S.C. 2332(e)(2)added (N)by H.R. 9497 Sec. 128
(N) Shoreline of the Commonwealth of Puerto Rico.(O) Blackstone River, Rhode Island.(P) Rio Grande bordering counties, Texas.(Q) Passumpsic River watershed, Vermont.
The bill says: Section 212(e)(2) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(e)(2)) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 2332)
33 U.S.C. 2263(b)(2)(C)changedby H.R. 9497 Sec. 129(1)
The bill says: in subparagraph (C), by striking "and" at the end;
Bill text · Current law (33 U.S.C. 2263)
33 U.S.C. 2263(b)(2)(D)(v)changedby H.R. 9497 Sec. 129(2)
The bill says: in subparagraph (D)(v), by striking the period and inserting a semicolon; and
Bill text · Current law (33 U.S.C. 2263)
33 U.S.C. 2263(b)(2)added (E)by H.R. 9497 Sec. 129(3)
(E) the restoration and rehabilitation of habitat for fish, including native oysters, in the East River, Flushing Bay and River, and Bronx River, New York, including—(i) the construction of oyster bars and reefs;(ii) the rehabilitation of existing marginal habitat and oyster reef sites;(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;(iv) the construction and upgrading of oyster hatcheries; and(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success; and(F) the restoration and rehabilitation of habitat for fish in the Choctawhatchee Bay and off the coast in the vicinity of Okaloosa County, Florida.
The bill says: by inserting after subparagraph (D) the following:
Bill text · Current law (33 U.S.C. 2263)
33 U.S.C. 701achangedby H.R. 9497 Sec. 132(a)
1 Declaration of policy.—(a) In general.— It is recognized
The bill says: by striking the section designation and heading and all that follows through "recognized" and inserting the following:
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701achangedby H.R. 9497 Sec. 132(a)
The bill says: by inserting ", other water bodies, and shorelines" after "the rivers";
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701achangedby H.R. 9497 Sec. 132(a)
The bill says: by inserting "that such destructive floods can originate or be augmented by the isolated or combined impacts of water from a variety of drivers, such as riverine discharges, extreme weather events, coastal and tidal flooding, sea level rise, subsidence, and stormwater;" after "national welfare;";
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701achangedby H.R. 9497 Sec. 132(a)
The bill says: by inserting "(including the reduction of comprehensive flood risk from the isolated and compound effects of any of the drivers identified in section 8106(a) of the Water Resources Development Act of 2022 (33 U.S.C. 2282g(a)))" before "is a proper activity";
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701achangedby H.R. 9497 Sec. 132(a)
The bill says: by inserting "(including the study and implementation of water resources development projects that provide comprehensive flood risk reduction)" before "are in the interest of the general welfare"; and
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701aadded (b)by H.R. 9497 Sec. 132(a)
(b) Nonstructural approaches.— It is the sense of Congress that—(1) structural features and nonstructural features should be given equal consideration in every feasibility study conducted by the Chief of Engineers for flood risk management or hurricane and storm damage risk reduction; and(2) the implementation of nonstructural features determined by the Chief of Engineers to align with the policy established by section 2031(a) of the Water Resources Development Act of 2007 (42 U.S.C. 1962–3) is part of the primary mission of the Corps of Engineers for flood risk management and hurricane and storm damage risk reduction.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 701a)
33 U.S.C. 701a-1changedby H.R. 9497 Sec. 132(a)
The bill says: Section 2 of the Act of December 22, 1944 (33 U.S.C. 701a–1) is amended by inserting "and the reduction of comprehensive flood risk from the isolated and compound effects of any of the drivers identified in section 8106(a) of the Water Resources Development Act of 2022 (33 U.S.C. 2282g(a));" after "damages,".
Bill text · Current law (33 U.S.C. 701a-1)
33 U.S.C. 2282g(a)changedby H.R. 9497 Sec. 132(b)
The bill says: in the matter preceding paragraph (1), by striking "shall formulate" and inserting "shall include in the study any effects within the geographic scope of the study of, and formulate";
Bill text · Current law (33 U.S.C. 2282g)
33 U.S.C. 2282g(a)(4)changedby H.R. 9497 Sec. 132(b)
The bill says: in paragraph (4), by striking "frequency" and inserting "frequency, including flooding associated with stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood";
Bill text · Current law (33 U.S.C. 2282g)
33 U.S.C. 2282g(a)renumberedby H.R. 9497 Sec. 132(b)
The bill says: by redesignating paragraphs (1) through (10) as clauses (A) through (J), respectively, and adjusting the margins accordingly;
Bill text · Current law (33 U.S.C. 2282g)
33 U.S.C. 2282g(a)changedby H.R. 9497 Sec. 132(b)
The bill says: in the matter preceding subparagraph (A), as so redesignated, by striking "In carrying out" and inserting the following:
Bill text · Current law (33 U.S.C. 2282g)
33 U.S.C. 2282g(a)added (2)by H.R. 9497 Sec. 132(b)
(2) Recommendation of comprehensive flood risk reduction alternative.— If the Secretary determines that a project alternative identified by the non-Federal interest pursuant to paragraph (1) is feasible, the Secretary shall incorporate such alternative in the recommended plan for the project as a project feature the costs of which are shared as construction.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2282g)
33 U.S.C. 2283(d)(1)changedby H.R. 9497 Sec. 136(1)
The bill says: in paragraph (1), by striking "shall not submit" and all that follows through "unless such report contains" and inserting "may not approve any proposal related to a water resources project unless the Secretary has prepared a report relating to the project that contains";
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283(d)(2)changedby H.R. 9497 Sec. 136(1)
The bill says: by striking "The Secretary" and inserting the following:
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283(d)(2)added (B)by H.R. 9497 Sec. 136(1)
(B) Identification.— The Secretary shall consult with the non-Federal interest for a water resources project, and other stakeholders, to the maximum extent practicable—(i) to identify mitigation implementation practices or accepted assessment methodologies used in the region of the water resources project and incorporate such practices and methodologies into the mitigation plan for such project; and(ii) to identify projects that have not been constructed, or concepts described in mitigation plans for other water resources projects, that may be used to meet the restoration or mitigation needs of the water resources project.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283(d)(3)(B)(iv)(I)changedby H.R. 9497 Sec. 136(1)
The bill says: in paragraph (3)(B)(iv)(I), by inserting "or a description of the requirements for a third-party mitigation instrument that would be developed in the case that a contract for future delivery of credits will be used" after "to be used";
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283(i)(1)(A)(i)changedby H.R. 9497 Sec. 136(2)
The bill says: in clause (i), by inserting ", for immediate delivery or future delivery to be identified in the mitigation instrument" after "banks"; and
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283(i)(1)(A)(ii)changedby H.R. 9497 Sec. 136(2)
The bill says: in clause (ii), by inserting ", for immediate delivery or future delivery to be identified in the mitigation instrument" after "programs"; and
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2283added (l)by H.R. 9497 Sec. 136(3)
(l) Separable elements.— Mitigation of fish and wildlife losses required under this section that is provided in the form of credit shall be considered a separable element of a project without requiring further evaluation.(m) Transparency.— The Secretary shall ensure that—(1) the mitigation requirements for each water resources project—(A) are made publicly available (including on a publicly available website of the headquarters of the Corps of Engineers); and(B) include the location of the project, the anticipated schedule for mitigation, the type of mitigation required, the amount of mitigation required, and the remaining mitigation needs;(2) the mitigation plan for such project is made publicly available, as applicable;(3) the information described in paragraph (1) is updated regularly; and(4) carrying out the requirements of this subsection with respect to each water resources project is considered a project expense.(n) Coordination.— To the maximum extent practicable, the Secretary shall ensure that the project delivery team and regulatory team of the Corps of Engineers work in coordination to successfully carry out mitigation efforts.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 2283)
33 U.S.C. 2201(h)added (10)by H.R. 9497 Sec. 143
(10) The project for flood risk management, Big Island Local Flood Protection Project, Illinois, authorized pursuant to section 203 of the Flood Control Act of 1968 (82 Stat. 742).(11) The feasibility study for the project for flood risk management, including riverbank stabilization and bluff stabilization, Columbus and Hickman, Kentucky, authorized by section 8201(a)(28) of the Water Resources Development Act of 2022 (136 Stat. 3746) (as modified by this Act).(12) The project for shoreline and riverine protection and restoration, Passumpsic River watershed, Vermont, authorized by section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332).
The bill says: Section 118(h) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 2201)
33 U.S.C. 414(b)(A)(i)changedby H.R. 9497 Sec. 144(1)
The bill says: in subparagraph (A)(i), by inserting "under section 4711 of title 46, United States Code" after "Commandant of the Coast Guard"; and
Bill text · Current law (33 U.S.C. 414)
33 U.S.C. 414(b)(B)(iii)(I)changedby H.R. 9497 Sec. 144(2)
The bill says: in subparagraph (B)(iii)(I), by inserting "under section 4711 of title 46, United States Code" after "Commandant of the Coast Guard".
Bill text · Current law (33 U.S.C. 414)
33 U.S.C. 579d-2(a)(2)changedby H.R. 9497 Sec. 301(1)
The bill says: in paragraph (2), by striking "and" at the end;
Bill text · Current law (33 U.S.C. 579d-2)
33 U.S.C. 579d-2(a)(3)changedby H.R. 9497 Sec. 301(1)
The bill says: in paragraph (3), by striking the period at the end and inserting "; and"; and
Bill text · Current law (33 U.S.C. 579d-2)
33 U.S.C. 579d-2(a)added (4)by H.R. 9497 Sec. 301(1)
(4) to address the backlog of water resources development projects that the Secretary is authorized to construct.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 579d-2)
33 U.S.C. 579d-2(b)(1)(A)changedby H.R. 9497 Sec. 301(2)
The bill says: in subsection (b)(1)(A), by striking "Water Resources Development Act of 2024" and inserting "Water Resources Development Act of 2026" each place it appears; and
Bill text · Current law (33 U.S.C. 579d-2)