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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 101 · H.R. 9497

Program Offices within the Directorate of Civil Works

Title I — General Provisions

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 101

(a) Office of Inland Navigation Construction Management (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office of Inland Navigation Construction Management. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate an Inland Program Manager, who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; and (B) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks related to the inland waterways navigation mission of the Corps of Engineers: (i) Develop and maintain an inland waterway program management plan. (ii) Oversee inland waterways construction projects and major rehabilitation projects along the inland and intracoastal waterways of the United States, as described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (iii) Coordinate, validate, and oversee funding for the projects described in clause (ii), including the transactions of the Inland Waterway Trust Fund. (iv) Conduct in-progress reviews for individual project designs and construction. (v) Provide updates at every meeting of the Inland Waterways Users Board established under section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (vi) Develop and annually update the projects described in clause (ii) in accordance with the capital investment strategy authorized by section 302(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (3) Report Not later than 2 years after the date of enactment of this Act, 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, and make publicly available (including on a publicly available website), a report detailing the results of the status of the implementation of this subsection, including— (A) the progress of the Secretary in establishing the Office of Inland Navigation Construction Management; (B) the status of every inland waterway construction project and major rehabilitation project in the most recent capital investment strategy, including any issues related to delays or cost overruns; and (C) any recommendations related to the operational improvement of the Office of Inland Navigation Construction Management. (b) Office of Water Supply, Water Conservation, and Drought Resiliency (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office of Water Supply, Water Conservation, and Drought Resiliency. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate a Water Supply, Water Conservation, and Drought Resiliency Program Manager, who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks related to the water supply mission of the Corps of Engineers: (i) Identify and evaluate opportunities using authorities of the Corps of Engineers to promote water supply, water conservation, and drought resiliency at water resource development projects. (ii) Provide to the Corps of Engineers, States, and non-Federal interests information on existing policies and guidance documents of the Corps of Engineers related to, and make recommendations on new policies and guidance documents to improve, water supply, water conservation, and drought resiliency, including— (I) implementation of subtitle B of title I of the Water Resources Development Act of 2024; (II) the method for the accounting of storage use under water supply storage agreements at Corps of Engineers reservoirs; (III) the reallocation of storage space at Corps of Engineers reservoirs to water supply; (IV) the interpretation and implementation of the Water Supply Act of 1958 (43 U.S.C. 390b); and (V) the interpretation and implementation of section 6 of the Act of December 22, 1944 (33 U.S.C. 708). (iii) Assist and provide guidance to States and non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers related to water supply, water conservation, and drought resiliency efforts related to water resources development projects. (iv) Coordinate the review and completion of water supply reallocation studies and reports to clear backlogs and ensure new studies and reports are completed in a timely manner. (v) Act as a liaison between the Corps of Engineers and non-Federal interests for studies, projects, and agreements for water supply, water conservation, and drought resiliency efforts related to water resources development projects, including efforts to— (I) reallocate storage space in projects to store water for municipal and industrial water supply purposes pursuant to the Water Supply Act of 1958 (43 U.S.C. 390b); (II) enter into surplus water contracts pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708); and (III) produce water supply benefits incidental to and consistent with authorized purposes, including by— (aa) adjusting the timing of releases for other authorized purposes to create opportunities for water supply conservation, use, and storage; (bb) capturing stormwater; (cc) releasing water from storage to replenish aquifer storage and recovery; (dd) releasing water from storage to augment storage at another Federal or non-Federal storage facility; and (ee) other conservation measures that enhance the use of a Corps of Engineers project for water supply. (vi) Conduct outreach and workshops for potential non-Federal interests to provide information on the authorities described in clause (i). (vii) Evaluate budget requests to ensure sufficient resources are requested and allocated by the Directorate to fulfill the tasks described in this subparagraph. (viii) Cooperate with State, regional, and local government and planning authorities to identify strategies to augment water supplies, enhance drought resiliency, promote contingency planning, and assist in the planning and development of alternative water sources. (ix) Consult and coordinate with the applicable Federal Power Marketing Administration on the potential effect to hydropower generation. (x) Other tasks in furtherance of the water supply mission as determined by the Secretary. (3) Report required Not later than 2 years after the date of enactment of this Act, 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 a report that describes— (A) the progress of the Secretary in establishing the Office of Water Supply, Water Conservation, and Drought Resiliency, including a description of the status of implementing paragraph (2)(C); (B) the number of staff assigned to such Office; and (C) for each water supply study or project being conducted or implemented by the Corps of Engineers as of the date on which such report is submitted— (i) the status of each such study or project; (ii) the date upon which each such study or project commenced; (iii) the estimated date of completion of each such study or project; and (iv) any significant impediments or obstacles that may reasonably affect the timeline to complete each such study or project. (c) Office on Technical Assistance and Community Outreach (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Technical Assistance and Community Outreach. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate a Technical Assistance and Community Outreach Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks: (i) Assist and provide guidance to non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under— (I) a continuing authority program (as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d)); (II) section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), including the Silver Jackets program established pursuant to such section; (III) section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16); (IV) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269); (V) section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note); (VI) section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note); (VII) section 165 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note); (VIII) the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.); (IX) sections 1148 and 1305 of the Water Resources Development Act of 2024 (138 Stat. 3039; 33 U.S.C. 2201 note); (X) section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213m); and (XI) section 1148 of the Water Resources Development Act of 2024. (ii) Coordinate the implementation of public awareness, education, outreach, and engagement requirements under section 8117 of the Water Resources Development Act of 2022 (33 U.S.C. 2281b). (iii) Identify programs, services, and other assistance made available by other Federal and State agencies relating to water resources development projects for purposes of advising potential non-Federal interests on the best available applicable assistance. (3) Prioritization In carrying out paragraph (2)(C), to the maximum extent practicable, the Technical Assistance and Community Outreach Manager shall prioritize providing technical assistance and guidance to a non-Federal interest seeking to carry out a water resources development project that will benefit a rural community, a Tribal community, or a community described in the guidance issued by the Secretary pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note). (4) Electronic portal (A) Development In carrying out this subsection, the Secretary shall develop an online, interactive portal that— (i) contains information relating to the programs described in paragraph (2)(C)(i); and (ii) can be used by a potential non-Federal interest as a succinct guide to accessing such programs for an applicable potential water resources development project. (B) Availability The Secretary shall ensure that the portal developed under subparagraph (A) is made available in a prominent location on the public-facing website of the headquarters of the Corps of Engineers and of each district and division of the Corps of Engineers. (d) Office on Alternative Delivery Methods (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Alternative Delivery Methods. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate an Alternative Delivery Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks: (i) Assist and provide guidance to non-Federal interests on accessing alternative delivery programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under— (I) sections 203 and 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231; 2232); (II) section 1043 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note); (III) section 1113 of the Water Resources Development Act of 2016 (33 U.S.C. 2326e); (IV) section 159 of the Water Resources Development Act of 2020; and (V) section 1107(a) of the Water Resources Development Act of 2024 (33 U.S.C. 2201 note). (ii) Coordinate with non-Federal interests to establish clear review standards, procedures, and timelines for the review and approval of studies, plans, specifications, and other materials submitted pursuant to the programs described in clause (i). (iii) Identify opportunities to accelerate project delivery and reduce administrative burdens associated with the use of alternative delivery methods and contributed funds authorities. (iv) Coordinate across headquarters, divisions, and districts of the Corps of Engineers to ensure the consistent implementation of alternative delivery authorities. (v) Develop and maintain guidance and best practices for the acceptance and use of contributed funds provided by non-Federal interests to carry out activities related to water resources development projects. (vi) Provide technical assistance to non-Federal interests regarding the eligibility of expenditures for credit or reimbursement, including expenditures incurred pursuant to written agreements entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b). (3) Report Not later than 2 years after the date of enactment of this Act, 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 a report that describes— (A) the progress of the Secretary in establishing the Office on Alternative Delivery Methods; (B) the number of staff assigned to such Office; (C) the activities carried out by the Office; and (D) recommendations for legislative or administrative actions to improve the efficiency and effectiveness of alternative delivery methods. (e) Coordination; funding (1) Coordination Each office established under subsections (a) through (d) shall coordinate with other offices established under such subsections and with any other office of the Corps of Engineers to ensure consistency across the Corps of Engineers. (2) Funding The offices established under subsections (a) through (d) shall be funded using amounts otherwise authorized to be appropriated for the general expenses of the Directorate of Civil Works.

•HR 9497 RHSEC. 101
Passed the House · Sec. 101

(a) Office of Inland Navigation Construction Management (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office of Inland Navigation Construction Management. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate an Inland Program Manager, who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; and (B) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks related to the inland waterways navigation mission of the Corps of Engineers: (i) Develop and maintain an inland waterway program management plan. (ii) Oversee inland waterways construction projects and major rehabilitation projects along the inland and intracoastal waterways of the United States, as described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (iii) Coordinate, validate, and oversee funding for the projects described in clause (ii), including the transactions of the Inland Waterway Trust Fund. (iv) Conduct in-progress reviews for individual project designs and construction. (v) Provide updates at every meeting of the Inland Waterways Users Board established under section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (vi) Develop and annually update the projects described in clause (ii) in accordance with the capital investment strategy authorized by section 302(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (3) Report Not later than 2 years after the date of enactment of this Act, 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, and make publicly available (including on a publicly available website), a report detailing the results of the status of the implementation of this subsection, including— (A) the progress of the Secretary in establishing the Office of Inland Navigation Construction Management; (B) the status of every inland waterway construction project and major rehabilitation project in the most recent capital investment strategy, including any issues related to delays or cost overruns; and (C) any recommendations related to the operational improvement of the Office of Inland Navigation Construction Management. (b) Office of Water Supply, Water Conservation, and Drought Resiliency (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office of Water Supply, Water Conservation, and Drought Resiliency. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate a Water Supply, Water Conservation, and Drought Resiliency Program Manager, who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks related to the water supply mission of the Corps of Engineers: (i) Identify and evaluate opportunities using authorities of the Corps of Engineers to promote water supply, water conservation, and drought resiliency at water resource development projects. (ii) Provide to the Corps of Engineers, States, and non-Federal interests information on existing policies and guidance documents of the Corps of Engineers related to, and make recommendations on new policies and guidance documents to improve, water supply, water conservation, and drought resiliency, including— (I) implementation of subtitle B of title I of the Water Resources Development Act of 2024; (II) the method for the accounting of storage use under water supply storage agreements at Corps of Engineers reservoirs; (III) the reallocation of storage space at Corps of Engineers reservoirs to water supply; (IV) the interpretation and implementation of the Water Supply Act of 1958 (43 U.S.C. 390b); and (V) the interpretation and implementation of section 6 of the Act of December 22, 1944 (33 U.S.C. 708). (iii) Assist and provide guidance to States and non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers related to water supply, water conservation, and drought resiliency efforts related to water resources development projects. (iv) Coordinate the review and completion of water supply reallocation studies and reports to clear backlogs and ensure new studies and reports are completed in a timely manner. (v) Act as a liaison between the Corps of Engineers and non-Federal interests for studies, projects, and agreements for water supply, water conservation, and drought resiliency efforts related to water resources development projects, including efforts to— (I) reallocate storage space in projects to store water for municipal and industrial water supply purposes pursuant to the Water Supply Act of 1958 (43 U.S.C. 390b); (II) enter into surplus water contracts pursuant to section 6 of the Act of December 22, 1944 (33 U.S.C. 708); and (III) produce water supply benefits incidental to and consistent with authorized purposes, including by— (aa) adjusting the timing of releases for other authorized purposes to create opportunities for water supply conservation, use, and storage; (bb) capturing stormwater; (cc) releasing water from storage to replenish aquifer storage and recovery; (dd) releasing water from storage to augment storage at another Federal or non-Federal storage facility; and (ee) other conservation measures that enhance the use of a Corps of Engineers project for water supply. (vi) Conduct outreach and workshops for potential non-Federal interests to provide information on the authorities described in clause (i). (vii) Evaluate budget requests to ensure sufficient resources are requested and allocated by the Directorate to fulfill the tasks described in this subparagraph. (viii) Cooperate with State, regional, and local government and planning authorities to identify strategies to augment water supplies, enhance drought resiliency, promote contingency planning, and assist in the planning and development of alternative water sources. (ix) Consult and coordinate with the applicable Federal Power Marketing Administration on the potential effect to hydropower generation. (x) Other tasks in furtherance of the water supply mission as determined by the Secretary. (3) Report required Not later than 2 years after the date of enactment of this Act, 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 a report that describes— (A) the progress of the Secretary in establishing the Office of Water Supply, Water Conservation, and Drought Resiliency, including a description of the status of implementing paragraph (2)(C); (B) the number of staff assigned to such Office; and (C) for each water supply study or project being conducted or implemented by the Corps of Engineers as of the date on which such report is submitted— (i) the status of each such study or project; (ii) the date upon which each such study or project commenced; (iii) the estimated date of completion of each such study or project; and (iv) any significant impediments or obstacles that may reasonably affect the timeline to complete each such study or project. (c) Office on Technical Assistance and Community Outreach (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Technical Assistance and Community Outreach. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate a Technical Assistance and Community Outreach Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks: (i) Assist and provide guidance to non-Federal interests on accessing programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under— (I) a continuing authority program (as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d)); (II) section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), including the Silver Jackets program established pursuant to such section; (III) section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16); (IV) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269); (V) section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note); (VI) section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note); (VII) section 165 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note); (VIII) the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.); (IX) sections 1148 and 1305 of the Water Resources Development Act of 2024 (138 Stat. 3039; 33 U.S.C. 2201 note); (X) section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213m); and (XI) section 1148 of the Water Resources Development Act of 2024. (ii) Coordinate the implementation of public awareness, education, outreach, and engagement requirements under section 8117 of the Water Resources Development Act of 2022 (33 U.S.C. 2281b). (iii) Identify programs, services, and other assistance made available by other Federal and State agencies relating to water resources development projects for purposes of advising potential non-Federal interests on the best available applicable assistance. (3) Prioritization In carrying out paragraph (2)(C), to the maximum extent practicable, the Technical Assistance and Community Outreach Manager shall prioritize providing technical assistance and guidance to a non-Federal interest seeking to carry out a water resources development project that will benefit a rural community, a Tribal community, or a community described in the guidance issued by the Secretary pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note). (4) Electronic portal (A) Development In carrying out this subsection, the Secretary shall develop an online, interactive portal that— (i) contains information relating to the programs described in paragraph (2)(C)(i); and (ii) can be used by a potential non-Federal interest as a succinct guide to accessing such programs for an applicable potential water resources development project. (B) Availability The Secretary shall ensure that the portal developed under subparagraph (A) is made available in a prominent location on the public-facing website of the headquarters of the Corps of Engineers and of each district and division of the Corps of Engineers. (d) Office on Alternative Delivery Methods (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Directorate of Civil Works an office to be known as the Office on Alternative Delivery Methods. (2) Administration In establishing the office under this subsection, the Secretary shall— (A) designate an Alternative Delivery Manager who shall head the office and report directly to the Deputy Commanding General for Civil Works and Emergency Operations; (B) staff the office with personnel who may reside in any district or division of the Corps of Engineers; and (C) provide the office with sufficient administrative, technical, and budgetary support to direct, perform, and coordinate the following tasks: (i) Assist and provide guidance to non-Federal interests on accessing alternative delivery programs, services, and other technical and financial assistance made available by the Corps of Engineers relating to water resources development projects, including under— (I) sections 203 and 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231; 2232); (II) section 1043 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note); (III) section 1113 of the Water Resources Development Act of 2016 (33 U.S.C. 2326e); (IV) section 159 of the Water Resources Development Act of 2020; and (V) section 1107(a) of the Water Resources Development Act of 2024 (33 U.S.C. 2201 note). (ii) Coordinate with non-Federal interests to establish clear review standards, procedures, and timelines for the review and approval of studies, plans, specifications, and other materials submitted pursuant to the programs described in clause (i). (iii) Identify opportunities to accelerate project delivery and reduce administrative burdens associated with the use of alternative delivery methods and contributed funds authorities. (iv) Coordinate across headquarters, divisions, and districts of the Corps of Engineers to ensure the consistent implementation of alternative delivery authorities. (v) Develop and maintain guidance and best practices for the acceptance and use of contributed funds provided by non-Federal interests to carry out activities related to water resources development projects. (vi) Provide technical assistance to non-Federal interests regarding the eligibility of expenditures for credit or reimbursement, including expenditures incurred pursuant to written agreements entered into under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b). (3) Report Not later than 2 years after the date of enactment of this Act, 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 a report that describes— (A) the progress of the Secretary in establishing the Office on Alternative Delivery Methods; (B) the number of staff assigned to such Office; (C) the activities carried out by the Office; and (D) recommendations for legislative or administrative actions to improve the efficiency and effectiveness of alternative delivery methods. (e) Coordination; funding (1) Coordination Each office established under subsections (a) through (d) shall coordinate with other offices established under such subsections and with any other office of the Corps of Engineers to ensure consistency across the Corps of Engineers. (2) Funding The offices established under subsections (a) through (d) shall be funded using amounts otherwise authorized to be appropriated for the general expenses of the Directorate of Civil Works.

•HR 9497 EHSEC. 101

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