Informed decisionmaking

(a) Sense of Congress It is the sense of Congress that— (1) studies of the Corps of Engineers serve a critical role in identifying and evaluating comprehensive solutions to water resources problems; (2) the Corps of Engineers has made significant efforts in recent years to address concerns over the inaccuracy of costs estimates contained in reports of the Corps of Engineers to authorize water resources development projects; (3) the Corps of Engineers has numerous authorities provided by Congress to address varying water resources challenges; (4) solutions considered in studies of the Corps of Engineers should address the unique water resources needs of the community; (5) the level of design maturity required to provide an accurate cost estimate varies by solution; (6) the Corps of Engineers should provide more transparency into the level of confidence and contingencies for any cost estimate; (7) requiring advanced levels of design maturity for all solutions during the feasibility study phase may— (A) substantially increase the costs and duration of a study; (B) limit the ability of the Corps of Engineers to identify the optimal solution to the water resources problem; and (C) limit the resources available to formulate, refine, and evaluate solutions; and (8) detailed engineering and design activities carried out by the Corps of Engineers that are beyond those activities necessary to support informed decisionmaking by the Corps of Engineers are generally more appropriately conducted during preconstruction planning, engineering, and design activities for an authorized water resources development project. (b) Design maturity For a recommended project included in a report of the Chief of Engineers to Congress pursuant to section 2033 of the Water Resources Development Act of 2007 (33 U.S.C. 2282a), the Secretary may not require a 35 percent or greater level of design maturity for the project if a lesser level of design maturity is sufficient to prepare a class III cost estimate (as such term is described in Engineer Regulation 1110–2–1302 of the Corps of Engineers entitled Civil Works Cost Engineering (June 30, 2016)) for the project. (c) Documentation In any report of the Chief of Engineers that is submitted to Congress pursuant to section 2033 of the Water Resources Development Act of 2007 (33 U.S.C. 2282a), the Secretary shall, to the maximum extent practicable, include for the project recommended in that report a description of— (1) the level of design maturity; (2) the contingency percentage of the cost estimate; and (3) any unknowns and associated risks, including— (A) the quality of the geotechnical data and associated risks; (B) the type of hydrology and hydraulics model used, the quality of the modeled data, and associated risks; and (C) the quality of the survey data and associated risks. (d) Preconstruction planning, engineering and design (1) Definitions In this subsection: (A) Preconstruction planning, engineering, and design activities The term preconstruction planning, engineering, and design activities means 1 or more activities necessary for conducting surveys and detailed studies, and plans and specifications for a proposed project, prior to the initiation of construction activities. (B) Proposed project The term proposed project means a water resources development project proposed in a feasibility study prepared by the Corps of Engineers in accordance with section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)) and submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for the purposes of Congressional authorization. (2) Authorization After the submission of a feasibility report in accordance with section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)), the Secretary may carry out preconstruction planning, engineering, and design activities for a proposed project with funds made available to the Secretary for such activities. (3) Updated project costs If the Secretary uses the authority provided in paragraph (2) for a proposed project, the Secretary shall— (A) establish milestones at intervals of not less than every 180 days for any activities for the proposed project carried out pursuant to that paragraph; and (B) following the completion of those milestones, submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any updated estimated total project costs for the proposed project. (4) Establishment of account The Secretary, in consultation with the Director of the Office of Management and Budget, shall establish a separate appropriations account for administering funds made available to carry out this subsection. (5) Limitation Nothing in this subsection— (A) allows the Secretary to initiate construction of a proposed project without specific authorization of that proposed project by Congress; or (B) waives the requirements of the Secretary under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).