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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 205 · H.R. 9497

Corps of Engineers reports

Title II — Studies and Reports

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Introduced → Committee version · Sec. 205

(a) Report on the formulation of future water resources development projects (1) In general Not later than 1 year after the date of enactment of this Act, and biennially thereafter for a period of 10 years, 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 describing the use of the procedures under part 234 of title 33, Code of Federal Regulations, issued pursuant to section 110 of the Water Resources Development Act of 2020 (42 U.S.C. 1962–4), with respect to ongoing feasibility studies for water resources development projects. (2) Inclusion The Secretary shall include in the report submitted under paragraph (1)— (A) a project-by-project identification of any feasibility study carried out in accordance with the procedures described in paragraph (1) and an identification of, and rationale for, any study carried out during the period applicable to the report that was not developed using such procedures; (B) an evaluation of the outcomes of such procedures on the formulation, evaluation, and recommendations for a proposed water resources development project; and (C) a summary of stakeholder engagement and public input received related to the formulation, evaluation, and recommendation of the project. (b) Report on impacts of commercial and industrial water supply users on water resources development projects Not later than 1 year 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 describing the effects of new commercial and industrial water users on water resources development projects authorized for the purpose of water supply or water conservation. (c) Report on Forecast-Informed Reservoir Operations (1) In general Not later than 1 year 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 detailing the implementation of forecast-informed reservoir operations at any reservoir constructed, owned, or operated by the Secretary, including a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709). (2) Contents The Secretary shall include in the report submitted under paragraph (1)— (A) a list of projects at which forecast-informed reservoir operations have been implemented or evaluated and, with respect to any project for which such operations were evaluated but not implemented, a rationale for why the operations were not implemented at each such project; (B) a list of projects at which the viability of using airborne snow observatory flights has been implemented or evaluated for use in forecast-informed reservoir operations and, with respect to any project for which such operations were evaluated but not implemented, a rationale for why the operations were not implemented at each such project; (C) an assessment of the effectiveness of such operations in improving water supply and flood risk management, and other authorized project purposes; (D) any barriers to implementation of forecast-informed reservoir operations, including technical, operational, or legal constraints; and (E) recommendations for any modifications to existing authorities to expand or improve such operations. (d) Recreational access for floating cabins (1) In general Not later than 1 year 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 on floating cabins, including— (A) a summary of any authorities and procedures the Secretary uses to manage activities or permissions relating to floating cabins; (B) identification of any laws, regulations, administrative barriers, or other limitations that prohibit or inhibit greater use of, or installation of new, floating cabins; (C) recommendations of the Secretary with respect to changes the Secretary may implement to facilitate greater use of, or installation of new, floating cabins; and (D) with respect to each recommendation identified under subparagraph (C)— (i) the estimated cost to the Corps of Engineers to implement, and operate under, such change; and (ii) a detailed description of any effects, including benefits, that such change is expected to have on— (I) any operations at water resources development projects operated and maintained by the Corps; and (II) the mission of the Corps as it relates to recreation. (2) Floating cabin defined In this subsection, the term floating cabin means a floating cabin, as such term is defined in section 1035 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1234), that is located on waters subject to the jurisdiction of the Secretary, including Federal water resources reservoirs or lake projects administered by the Secretary. (e) Report on easements for hurricane and storm damage reduction projects Not later than 1 year 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 describing the implementation of authorities granted in section 1145(d) of the Water Resources Development Act of 2024 (33 U.S.C. 598c(d)), including— (1) an assessment of any administrative actions taken (including any guidance issued, policy changes made, or process improvements implemented) by the Secretary to implement such section; (2) a summary of the use of each authority used by the Secretary in carrying out a project pursuant to such section, including— (A) the number and types of projects for which each such authority was used; (B) the status of any easement acquisition, easement relocation, or easement modification activity carried out using each such authority; and (C) any reduction in project delays or costs, or any reduction in administrative burdens, attributable to the use of each such authority; and (3) identification of any additional legislative authorities the Secretary determines are necessary to improve project delivery under such section. (f) Beneficial use of dredged material; management plans report (1) In general Not later than 180 days 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 the strategic plan required by section 8130(a) of the Water Resources Development Act of 2022 (136 Stat. 3717), developed in accordance with the national goal described in section 125(a)(1)(B) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g(a)(1)(B)). (2) Failure to meet deadline If the Secretary fails to submit the strategic plan described in paragraph (1) by the deadline established by such paragraph, the Secretary shall, not later than 225 days after the date of enactment of this Act, 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) a detailed explanation of why the Secretary failed to submit the strategic plan by the deadline; (B) a summary of the status of the development of the strategic plan, including whether it has been initiated; and (C) a projected date for submission of the strategic plan. (g) Report on the applicability of architectural and engineering fee caps (1) In general Not later than 1 year 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 on any statutory, regulatory, or policy limitation on architectural and engineering service fees applicable to water resources development projects carried out under the civil works program of the Corps of Engineers. (2) Requirements The Secretary shall include in the report submitted under paragraph (1)— (A) a description of any limitation applied by the Secretary to architectural and engineering service fees for such projects, including, where applicable, the identification of the authority for the limitation; and (B) an assessment of the effects of any limitations applied by the Secretary to such fees on the ability of the Secretary to carry out such projects, including a list of projects the cost or schedule of which was affected by such limitations. (h) Report on realignment of Corps divisions Not later than 1 year 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 detailing the implications and feasibility of realigning the divisions of the Corps to transfer the responsibilities of the Little Rock District to the Mississippi Valley Division.

•HR 9497 RHSEC. 205

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