Thomas R. Carper Water Resources Development Act of 2024

What S. 4367 does, in plain terms

Thomas R. Carper Water Resources Development Act of 2024 DIVISION A—WATER RESOURCES DEVELOPMENT Water Resources Development Act of 2024 TITLE I—GENERAL PROVISIONS Subtitle A—General Matters (Sec. 1101) This section directs the U.S. Army Corps of Engineers (Corps) to ensure that potential nonfederal interests are aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating any feasibility studies. A nonfederal interest is an entity such as a state or Indian tribe, or a nonprofit entity with the consent of the affected local government, that has full authority and capability to perform the terms of its agreement and to pay damages in the event of failure to perform. The Corps must also designate a community project advisor at each of its district and division offices to respond to inquiries from potential nonfederal interests related to Corps water resources development authorities. To the maximum extent practicable, the Corps must make information on its projects and studies within each of its districts publicly available on a website. (Sec. 1102) The Corps must develop a plan to implement this act and prior water resources development law. Additionally, the Corps must establish a team of current federal employees to implement this act and such laws. (Sec. 1103) This section raises the cost cap on certain feasibility reports for water resources projects from $3 million to $5 million. (Sec. 1104) The Corps must provide a real estate plan to the nonfederal interest for an authorized water resources development project. For each project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Corps must identify and use the minimum interest in real property necessary to carry out the applicable activity. The nonfederal interest for a project must provide the identified minimum interest in real property for the project. (Sec. 1105) This section requires the Corps to develop guidance to standardize Corps districts' review of applications by nonfederal entities for permission to modify certain harbor or river structures created by the Corps, such as sea walls or piers. (Sec. 1106) This section directs the Corps, no later than 30 days after the end of each fiscal year, to ensure that its website for finding permits accurately reflects the current status of permits. (Sec. 1107) This section modifies and expands the Corps continuing authority program (CAP), which is a group of nine authorities under which the Corps may plan, design, and implement certain types of water resources projects without additional project- specific congressional authorization. This section raises caps on the amount of funding the Corps may contribute for certain CAP projects. The section also directs the Corps to implement a ten-year pilot program for carrying out up to 25 CAP projects through a delivery method that is not the traditional design-bid-build method, such as public-private partnerships. (Sec. 1108) The Corps must establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with nonfederal interests. (Sec. 1109) This section expands requirements for the Corps to provide guidance to nonfederal interests undertaking feasibility studies of proposed water development projects, including to direct to the Corps to provide nonfederal interests guidance on obtaining support from the Corps on completing parts of studies that must be done by federal agencies. (Sec. 1110) This section prohibits the Corps from providing credit or reimbursement to a nonfederal interest for (1) certain design and construction activities required by the nonfederal interest but not the Corps, or (2) delays incurred by the nonfederal interest resulting in project cost increases. (Sec. 1111) This section directs the Corps to notify nonfederal interests if their proposal was included in the Corps’ annual Report to Congress on Future Water Resources Development and to notify relevant Members of Congress of proposals that were included in that report or its appendix. (Sec. 1112) This section allows the Corps to recognize the contributions of volunteers carrying out activities of the Corps through an award or other appropriate means. However, the award may not be a cash award. (Sec. 1113) The Corps must update its policy guidance for the evaluation and approval of nonrecreational real estate outgrant requests to use lands and waters operated and maintained by the Corps for the installation of broadband infrastructure. (Sec. 1114) The Corps must continue the Silver Jackets program, which establishes interagency teams that work with nonfederal interests to address certain flood risk management issues. (Sec. 1115) This section allows the Corps to enter into contracts or cooperative agreements with West Virginia University, Delaware State University, the University of Notre Dame, Mississippi State University, Western Washington University in Bellingham, the University of North Carolina in Wilmington, and California State Polytechnic University in Pomona to conduct research in support of certain water resource-related activities. (Sec. 1116) This section expands the Temporary Relocation Assistance Pilot Program to include a project for hurricane and storm damage risk reduction in Norfolk, Virginia. (Sec. 1117) This section increases the depth at which federal ports and harbors may receive the highest federal cost share for the costs of construction, operation, and maintenance. (Sec. 1118) This section modifies the Inland Waterways Regional Dredge Pilot Program by eliminating the requirement for the Corps to award contracts for projects that combine work for construction, operation, and maintenance, to the maximum extent practicable. (Sec. 1119) The section modifies requirements for dredged material disposal facility partnerships, including to allow nonfederal entities to utilize certain nonfederal disposal facilities for the disposal of dredged material if given permission from the facility owner and the Corps. In order to grant permission, the Corps must make a determination that the need for dredged material disposal to maintain, deepen, or restore the navigability and functionality of authorized navigation channels in the vicinity of the nonfederal disposal facility for the 20-year period following the date of the request may be met by the available gross capacity of other dredged material disposal facilities. The Corps must charge fees to recover certain capital, operation, and maintenance costs. The section also allows the Corps to perform disposition evaluations for nonfederal disposal facilities not utilized for 20 years, if requested by the owners of such facilities. (Sec. 1120) This section directs the Corps to initiate the development of guidance to standardize processes for developing, updating, and tracking real estate administrative fees it administers. (Sec. 1121) The Corps must regularly update certain publicly available databases with information about its sites that are used for recreational purposes, including the operational status of, and the recreational opportunities available at, such sites. (Sec. 1122) This section makes permanent the requirement for independent peer review of project studies of Corps projects that are estimated to cost more than $200 million. (Sec. 1123) This section allows the Corps to carry out a program that provides recurring national coastal mapping along U.S. coasts to support navigation, flood risk management, environmental restoration, and emergency operations projects. (Sec. 1124) This section allows the Corps to remove certain abandoned vessels from navigable waters of the United States, even if the vessel does not obstruct navigation. (Sec. 1125) This section requires the Corps, before beginning construction or modification of a dike notch, chute, or complex for interception or rearing of fish in the Missouri River, to mitigate certain hazards (such as increased flood risk) that would be created from the action. (Sec. 1126) This section increases the federal cost share for certain navigation projects on the inland waterways (the remainder of costs are paid from the Inland Waterways Trust Fund, which is funded by a tax on commercial-barge fuel). (Sec. 1127) This section allows the Corps to conduct title research for abandoned structures when providing technical assistance to states and nonfederal interests that are developing comprehensive plans for the development, utilization, and conservation of water and related resources. (Sec. 1128) This section extends through 2026 Congress’s authority to expedite consideration of authorizations of water resources development or conservation projects. (Sec. 1129) This section directs the Corps to issue guidance regarding maintenance dredging in emerging harbors and to develop a mechanism to accept funds from a nonfederal interest for the purpose of maintenance dredging. (Sec. 1130) This section makes the Beneficial Use of Dredged Material Pilot Program permanent. (Sec. 1131) This section directs the Corps to develop, update, and maintain economic, hydraulic, and hydrologic models for use in the planning, design formulation, modification, and operation of water resources development projects and water resources planning. (Sec. 1132) This section reauthorizes through FY2028 and expands the National Dam Safety Program. For example, the section expands the program to include a low-head dam, which is a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and no more than 25 feet. In addition, the section modifies requirements for a Federal Emergency Management Agency (FEMA) program that provides grants to states with dam safety programs for the rehabilitation of high hazard potential dams, including by requiring relevant grant recipients to have floodplain management plans for dam removals. (Sec. 1133) This section allows the Corps to accept and expend funds contributed by an Indian tribe to expedite the evaluation of a permit related to a water resources project. (Sec. 1134) This section modifies the Harmful Algal Bloom Demonstration Program, including by expanding the scope of the program to address harmful algal blooms that affect water bodies of regional, national, or international importance in the United States or its territories. The section also adds Lake Elsinore in California and Willamette River in Oregon to the list of the program’s focus areas. Additionally, the program must prioritize carrying out program activities that (1) reduce nutrient pollution; (2) utilize natural and nature-based approaches; (3) protect, enhance, or restore wetlands or flood plains; (4) develop emerging technologies, such as technologies for remote sensing, monitoring, or early detection of harmful algal blooms; and (5) combine removal of harmful algal blooms with a beneficial use, including conversion of retrieved algae biomass into biofuel, fertilizer, or other products. (Sec. 1135) This section specifies that authorized corrosion prevention activities include certain corrosion prevention programs. (Sec. 1136) This section allows the Corps to repair and maintain certain pile dikes sufficiently to meet the authorized purpose of the navigation project. Pile dikes are structures to prevent erosion and maintain navigation channels. The section excludes certain pile dike repairs from being considered major rehabilitations. (Sec. 1137) This section authorizes an intertribal consortium to be a nonfederal interest for purposes of entering an agreement with the Corps for a water resources project. (Sec. 1138

Official summary by the Congressional Research Service, via Congress.gov.