H.R. 9497 explained · 119th Congress · Pending in Congress
Water Resources Development Act of 2026
Cosponsors: 3 (2 D, 1 R) · per Congress.gov, 2026-10-14
Introduced: 2026-06-29
Latest action (2026-09-17): Received in the Senate.
What H.R. 9497 does, in plain terms
Water Resources Development Act of 2026 This bill authorizes and modifies certain water resource infrastructure projects and programs of the U.S. Army Corps of Engineers and makes related requirements. For example, the bill authorizes and modifies various water resources feasibility studies and projects of the Corps of Engineers, such as studies or projects to maintain ports and harbors, make certain waterways more navigable, reduce flood and storm damage, restore aquatic ecosystems and protect fish and wildlife, protect shorelines, address harmful algal blooms, rehabilitate dams, manage recreational sites and facilities, support water supply and storage projects, and support other water resources infrastructure. The bill also directs the Corps of Engineers to establish an Office on Alternative Delivery Methods in order to accelerate project delivery of infrastructure. In addition, the bill directs the Corps of Engineers to issue a rule that establishes categorical permissions for certain harbor or river improvements that will cause only minimal adverse environmental effects.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Authorizing Army Corps navigation, port, flood-control, and restoration work falls squarely within Commerce Clause and spending powers, with no rights restriction, sovereignty burden, or due process taking.
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✓ Passes · Enumerated powers
Federal authority exists under Article I, Section 8, Clause 3 to regulate commerce on navigable waters, ports, and harbors, combined with Article I, Section 8, Clause 1 spending for general welfare and Article I, Section 8, Clause 18 to carry out those powers. Maintaining navigability, flood control on interstate waters, and Army Corps civil works are long-settled exercises of those powers. -
✓ Passes · Bill of Rights
No First through Tenth Amendment rights are infringed. The bill authorizes studies, navigation, flood control, ecosystem restoration, and dam rehabilitation. It does not restrict speech under the First Amendment, arms under the Second Amendment, or authorize searches under the Fourth Amendment, nor compel testimony under the Fifth Amendment. -
✓ Passes · Individual sovereignty
No restriction on person, property, speech, labor, or belief. The bill directs government infrastructure work and studies; it does not prohibit private conduct, compel labor, or condition belief. Any incidental property use for projects requires separate lawful process with compensation under the Fifth Amendment. -
✓ Passes · Decentralization
Four-question test passes. (1) Individuals cannot maintain interstate ports, navigable channels, or flood systems. (2) Local counties cannot manage interstate river systems and coastal harbors. (3) States alone cannot regulate interstate navigable waters that cross boundaries. (4) Action does not consolidate beyond minimum necessary; it addresses inherently interstate navigation and flood control … -
✓ Passes · Due process and takings
No bypass of procedural due process under the Fifth Amendment and Fourteenth Amendment, no presumption-of-innocence issue under the Sixth Amendment, and no taking without just compensation. Project authorizations remain subject to acquisition, condemnation with compensation, and environmental review procedures. Categorical permissions are limited to minimal adverse effects.
Sources: Congress.gov: HR 9497 summary
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