Procedures

(a) Continuation of studies, projects, and activities (1) In general Except as provided in subsection (e), the Secretary shall not pause, terminate, or otherwise defer the initiation, continuation, or completion of any study, project, or activity described in subsection (b). (2) Resumption of studies, projects, and activities If the Secretary paused, terminated, or otherwise deferred the initiation, continuation, or completion of any study, project, or activity described in subsection (b) prior to the date of enactment of this Act, the Secretary shall resume that study, project, or activity unless an exception under subsection (e) applies to that study, project, or activity. (3) Resumption of certain studies For the purposes of paragraph (2), a study completed prior to the date of enactment of this Act the purpose of which was to develop a recommendation with respect to a congressional authorization for a project or activity, including a congressional authorization to increase the maximum authorized cost of a project in accordance with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), shall be considered terminated and subject to resumption if the Secretary completed that study without submitting to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a Chief’s Report or Director’s Report, as applicable, for that study that includes such a recommendation. (4) Treatment Resumption of a study, project, or activity under paragraph (2) shall not be subject to a new investment or new start decision. (5) Congressional notification Not later than 60 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a list of any study, project, or activity resumed pursuant to paragraphs (2) or (3). (b) Study, project, or activity described A study, project, or activity referred to in this section is an authorized study, project, or activity carried out by the Secretary for which— (1) Congress has specifically appropriated funds in any annual appropriations Act or supplemental appropriations Act for the Corps of Engineers; or (2) funds have been allocated in a work plan or spending plan that was submitted by the Secretary to the Committees on Appropriations of the Senate and the House of Representatives. (c) Required disclosures to non-Federal interests (1) In general The District Engineer of the District of the Corps of Engineers responsible for a study, project, or activity described in subsection (b) shall— (A) not later than 45 days after the date of enactment of this Act, notify the non-Federal interest for that study, project, or activity, in writing, of the status of the study, project, or activity; (B) not less frequently than every 60 days thereafter, provide the non-Federal interest for that study, project, or activity, in writing or other appropriate means, as determined by that District Engineer— (i) a current schedule for completion of the study, project, or activity; and (ii) documentation of funds expended and work items completed; (C) notify the non-Federal interest for that study, project, or activity, in writing or other appropriate means, as determined by that District Engineer, by not later than 30 days after the date of any— (i) change to the current schedule for the study, project, or activity; or (ii) pause, termination, or deferral of the study, project, or activity pursuant to an exception described in paragraph (1), (2), or (3) of subsection (e); and (D) beginning February 1, 2027, and each February 1 thereafter, notify the non-Federal interest for that study, project, or activity in writing of the capability of the Corps of Engineers for the study, project, or activity in the upcoming fiscal year. (2) Contents of notification The notification under paragraph (1)(C)(i) shall include an explanation of the cause of the change to the schedule for the study, project, or activity. (3) Disclosures to States In the case of a study, project, or activity described in subsection (b) authorized to be carried out by the Secretary without an agreement with a non-Federal interest, the District Engineer of the District of the Corps of Engineers responsible for that study, project, or activity shall provide the applicable documentation and notifications required by paragraph (1) to the Governor of each State in which the study, project, or activity is carried out. (d) Requirements for certain studies (1) In general In the case of a study described in subsection (b) the purpose of which is to develop a recommendation with respect to a congressional authorization for a project or activity, including a congressional authorization to increase the maximum authorized cost of a project in accordance with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Secretary may not— (A) complete the study without submitting to Congress a Chief’s Report or Director’s Report, as applicable, for the study that includes such a recommendation; (B) narrow the purpose or geographic scope of the study relative to the authorized purpose and geographic scope of the study, unless requested in writing by the non-Federal interest for the study; (C) eliminate or otherwise restrict the alternatives considered as part of that study, without the approval of the non-Federal interest for the study; or (D) delay progress of the study toward a schedule milestone by a period exceeding 45 days in total under subsections (b) and (c) of section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c). (2) Interim chief’s reports Nothing in this subsection prohibits the Secretary from submitting to Congress an interim Chief’s Report for an actionable element of a project prior to completion of a study described in subsection (b), subject to the following conditions: (A) Continuation of the study after submission of the interim Chief’s Report shall not be subject to a new investment or new start decision. (B) The non-Federal interest for the study agrees to the submission of an interim Chief’s Report. (e) Exceptions Subsection (a) shall not apply to a study, project, or activity described in subsection (b) if— (1) the pausing of construction of the project is required to comply with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), subject to the condition that the pause does not affect the validation study necessary to support an increase in the maximum authorized cost of the project; (2) the pausing or deferral of the study, project, or activity is required because the non-Federal interest for that study, project, or activity lacks the capability or willingness to carry out the non-Federal responsibilities required by, as applicable— (A) section 101, 102, 103, or 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, 2213, or 2215); (B) section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b); or (C) the authorization for the study, project, or activity; (3) the pausing, termination, or deferral of a study, project, or activity is required to comply with a court order or condition of a settlement agreement; or (4) the pausing, termination, or deferral of the study, project, or activity is requested in writing by the non-Federal interest for the study, project, or activity. (f) Presumption A study, project, or activity described in subsection (b) to which no exception under subsection (e) applies shall be presumed to be paused, terminated, or deferred in violation of subsection (a) if— (1) progress of the study, project, or activity toward a schedule milestone is delayed by a period exceeding 45 days; or (2) the District Engineer of the District of the Corps of Engineers responsible for that study, project, or activity fails to provide to the non-Federal interest for the study, project, or activity, or to a State, if applicable, any documentation or notification required under paragraph (1) of subsection (c) in accordance with the terms of that subsection.

(a) Continuation of studies, projects, and activities (1) In general Except as provided in subsection (e), the Secretary shall not pause, terminate, or otherwise defer the initiation, continuation, or completion of any study, project, or activity described in subsection (b). (2) Resumption of studies, projects, and activities If the Secretary paused, terminated, or otherwise deferred the initiation, continuation, or completion of any study, project, or activity described in subsection (b) prior to the date of enactment of this Act, the Secretary shall resume that study, project, or activity unless an exception under subsection (e) applies to that study, project, or activity. (3) Resumption of certain studies For the purposes of paragraph (2), a study completed prior to the date of enactment of this Act the purpose of which was to develop a recommendation with respect to a congressional authorization for a project or activity, including a congressional authorization to increase the maximum authorized cost of a project in accordance with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), shall be considered terminated and subject to resumption if the Secretary completed that study without submitting to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a Chief’s Report or Director’s Report, as applicable, for that study that includes such a recommendation. (4) Treatment Resumption of a study, project, or activity under paragraph (2) shall not be subject to a new investment or new start decision. (5) Congressional notification Not later than 60 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a list of any study, project, or activity resumed pursuant to paragraphs (2) or (3). (b) Study, project, or activity described A study, project, or activity referred to in this section is an authorized study, project, or activity carried out by the Secretary for which— (1) Congress has specifically appropriated funds in any annual appropriations Act or supplemental appropriations Act for the Corps of Engineers; or (2) funds have been allocated in a work plan or spending plan that was submitted by the Secretary to the Committees on Appropriations of the Senate and the House of Representatives. (c) Required disclosures to non-Federal interests (1) In general The District Engineer of the District of the Corps of Engineers responsible for a study, project, or activity described in subsection (b) shall— (A) not later than 45 days after the date of enactment of this Act, notify the non-Federal interest for that study, project, or activity, in writing, of the status of the study, project, or activity; (B) not less frequently than every 60 days thereafter, provide the non-Federal interest for that study, project, or activity, in writing or other appropriate means, as determined by that District Engineer— (i) a current schedule for completion of the study, project, or activity; and (ii) documentation of funds expended and work items completed; (C) notify the non-Federal interest for that study, project, or activity, in writing or other appropriate means, as determined by that District Engineer, by not later than 30 days after the date of any— (i) change to the current schedule for the study, project, or activity; or (ii) pause, termination, or deferral of the study, project, or activity pursuant to an exception described in paragraph (1), (2), or (3) of subsection (e); and (D) beginning February 1, 2027, and each February 1 thereafter, notify the non-Federal interest for that study, project, or activity in writing of the capability of the Corps of Engineers for the study, project, or activity in the upcoming fiscal year. (2) Contents of notification The notification under paragraph (1)(C)(i) shall include an explanation of the cause of the change to the schedule for the study, project, or activity. (3) Disclosures to States In the case of a study, project, or activity described in subsection (b) authorized to be carried out by the Secretary without an agreement with a non-Federal interest, the District Engineer of the District of the Corps of Engineers responsible for that study, project, or activity shall provide the applicable documentation and notifications required by paragraph (1) to the Governor of each State in which the study, project, or activity is carried out. (d) Requirements for certain studies (1) In general In the case of a study described in subsection (b) the purpose of which is to develop a recommendation with respect to a congressional authorization for a project or activity, including a congressional authorization to increase the maximum authorized cost of a project in accordance with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Secretary may not— (A) complete the study without submitting to Congress a Chief’s Report or Director’s Report, as applicable, for the study that includes such a recommendation; (B) narrow the purpose or geographic scope of the study relative to the authorized purpose and geographic scope of the study, unless requested in writing by the non-Federal interest for the study; (C) eliminate or otherwise restrict the alternatives considered as part of that study, without the approval of the non-Federal interest for the study; or (D) delay progress of the study toward a schedule milestone by a period exceeding 45 days in total under subsections (b) and (c) of section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c). (2) Interim chief’s reports Nothing in this subsection prohibits the Secretary from submitting to Congress an interim Chief’s Report for an actionable element of a project prior to completion of a study described in subsection (b), subject to the following conditions: (A) Continuation of the study after submission of the interim Chief’s Report shall not be subject to a new investment or new start decision. (B) The non-Federal interest for the study agrees to the submission of an interim Chief’s Report. (e) Exceptions Subsection (a) shall not apply to a study, project, or activity described in subsection (b) if— (1) the pausing of construction of the project is required to comply with section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), subject to the condition that the pause does not affect the validation study necessary to support an increase in the maximum authorized cost of the project; (2) the pausing or deferral of the study, project, or activity is required because the non-Federal interest for that study, project, or activity lacks the capability or willingness to carry out the non-Federal responsibilities required by, as applicable— (A) section 101, 102, 103, or 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, 2213, or 2215); (B) section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b); or (C) the authorization for the study, project, or activity; (3) the pausing, termination, or deferral of a study, project, or activity is required to comply with a court order or condition of a settlement agreement; or (4) the pausing, termination, or deferral of the study, project, or activity is requested in writing by the non-Federal interest for the study, project, or activity. (f) Presumption A study, project, or activity described in subsection (b) to which no exception under subsection (e) applies shall be presumed to be paused, terminated, or deferred in violation of subsection (a) if— (1) progress of the study, project, or activity toward a schedule milestone is delayed by a period exceeding 45 days; or (2) the District Engineer of the District of the Corps of Engineers responsible for that study, project, or activity fails to provide to the non-Federal interest for the study, project, or activity, or to a State, if applicable, any documentation or notification required under paragraph (1) of subsection (c) in accordance with the terms of that subsection.