Sec. 205. GAO studies
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Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the treatment of donor ports under section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c ) that includes— a description of the funding available to donor ports under such section, including a description of how eligibility for such donor ports has been modified; a summary of all funds that have been provided to donor ports under such section; an assessment of how the Secretary provides funding under such section to donor ports, including— a complete description of the process and data used to determine eligibility; and the impact construction and maintenance projects, including maintenance dredging and deep draft navigation construction projects, have on donor port eligibility; an assessment of other major container ports that are not currently eligible as a donor port under such section and a description of the criteria that exclude such container ports from eligibility; and recommendations to improve the provision of funds under such section.
Upon completion of the review required under paragraph (1), the Comptroller General 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 containing the results of such review. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete an analysis of— the extent to which the Corps of Engineers utilizes digital infrastructure technologies for delivery of authorized water resources development projects, including 3D modeling; the digital technology systems utilized by the Corps of Engineers; the digital technology systems utilized by non-Federal entities working with the Secretary on authorized water resources development projects; the cost to the Government of supporting multiple digital technology systems utilized by the Corps of Engineers; available digital technology systems that may be used to for the delivery of authorized water resources development projects; any security concerns related to the use of digital technology systems and how such concerns may be addressed; the benefits of expanding the adoption of digital technology systems for use by the Corps of Engineers, including for delivery of authorized water resources development projects, in order to— maximize interoperability with other systems, products, tools, or applications; boost productivity; manage complexity; reduce project delays and cost overruns; enhance safety and quality; reduce total costs for the entire lifecycle of authorized water resources development projects; reduce emissions and quantify other sustainable and resilient impacts; promote more timely and productive information sharing; and increase transparency as the result of the real-time sharing of information; and how the Corps of Engineers could better leverage digital technology systems to enable 3D model delivery and digital project delivery for— seamless application integration; workflow and State-based access control capabilities; audit trails; and automation capabilities supporting a closed-loop process.
Upon completion of the analysis required under paragraph (1), the Comptroller General of the United States 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 the findings of such analysis. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of Corps of Engineers disaster preparedness and response activities, including— an accounting of postdisaster expenditures from the Corp of Engineers–Civil–Flood Control and Coastal Emergencies account for each fiscal year beginning with fiscal year 2004, including— the amounts transferred to such account from other accounts of the Corps of Engineers to cover postdisaster activities in each fiscal year; the name and location of the authorized water resources development projects impacted by the transfer of funds described in clause (i); a summary of the activities and actions carried out with amounts available in such account, including the amount provided for salaries and expenses; and trends in the provision of post-disaster assistance that may impact future spending through such account; an evaluation of— the publicly available information on disaster response and preparedness related to authorized water resources development projects, such as levees; the impacts of natural disasters on authorized water resources development projects, including how such disasters affect the performance of such projects and resiliency of such projects to such disasters; and whether the Corps of Engineers utilizes, or shares with non-Federal interests, information regarding such impacts in assessing whether modifications to such projects would reduce the likelihood of repetitive impacts or be in the public interest; and recommendations to improve the provision of assistance for response to natural disasters under section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ).
Upon completion of the analysis required under paragraph (1), the Comptroller General 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 the findings of such analysis. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of— unauthorized homeless encampments on water resources development projects constructed by the Corps of Engineers and lands owned or under the control of the Corps of Engineers; any actual or potential impacts of such encampments on the construction, operation and maintenance, or management of such projects and lands, including potential impacts on flood risk reduction or ecosystem restoration efforts, water quality, or public safety; efforts to remove or deter such encampments from such projects and lands, or remove any materials associated with such encampments that are unauthorized to be present and pose a potential threat to public safety, including manmade, flammable materials in urban and arid regions; and constraints on the ability of the Corps of Engineers to remove or deter such encampments due to Federal, State, or local laws, regulations, or ordinances.
In carrying out the analysis required under paragraph (1), the Comptroller General shall consult with the Secretary, the Administrator of the Federal Emergency Management Agency, the Administrator of the Environmental Protection Agency, and other relevant Federal, State, and local government officials and interested parties. Upon completion of the analysis required under paragraph (1), the Comptroller General 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 the findings of such analysis.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of the coordination of the Secretary with other Federal and State agencies and academic institutions in carrying out the development, update, modernization, and utilization of scientific, peer-reviewed data on the predictability of future resiliency, sea-level rise, and flood impacts. In conducting the analysis required under paragraph (1), the Comptroller General shall— consult with the Secretary, the heads of other relevant Federal and State agencies, and academic institutions that collect, analyze, synthesize, and utilize scientific, peer-reviewed data on the predictability of future resiliency, sea-level rise, and flooding events; examine the methodologies and mechanisms for collecting, analyzing, synthesizing, and verifying such data; and review and report on the opportunities for, and appropriateness of, the Secretary and relevant non-Federal interests to utilize such data in the planning, design, construction, and operation and maintenance of authorized water resources development projects.
Upon completion of the analysis required under paragraph (1), the Comptroller General 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 the findings of such analysis. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of— nature-based features that are incorporated into authorized water resources development projects by the Corps of Engineers and the type of such projects; any limitation on the authority of the Secretary to incorporate nature-based features into authorized water resources development projects; regulatory processes necessary for the use of nature-based features, including permitting timelines; the level of efficacy and effectiveness of nature-based features at authorized water resources development projects that have— utilized such nature-based features; and undergone extreme weather events, including hurricanes; and institutional barriers within the Corps of Engineers preventing broader consideration and integration of nature-based features, including— staff experience with, and expertise on, nature-based features; official Corps of Engineers guidance on nature-based features; time constraints or other expediency expectations; or life cycle costs associated with incorporating nature-based features into water resources development projects.
Upon completion of the analysis required under paragraph (1), the Comptroller General 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 the findings of such analysis. In this subsection, the term nature-based feature has the meaning given the terms natural feature and nature-based feature in section 1184 of the Water Resources Development Act of 2016 ( 32 U.S.C. 2289a ).
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of the use of ecosystem restoration by the Corps of Engineers for flood control or flood risk management projects. In conducting the analysis under paragraph (1), the Comptroller General shall assess— how the Corps of Engineers complies, integrates, and prioritizes ecosystem restoration in benefit-cost analysis and generation of project alternatives; the geographic distribution and frequency of ecosystem restoration for flood control or flood risk management projects; the rationale and benefit-cost analyses that drive decisions to incorporate ecosystem restoration into flood control or flood risk management projects; the additional long-term comprehensive benefits to local communities related to ecosystem restoration for flood control or flood risk management projects; recommendations for prioritizing ecosystem restoration as a tool for flood control and flood risk management projects; and the percentage of the annual construction budget utilized for ecosystem restoration projects over the past 5 years at flood control or flood risk management projects.
Upon completion of the analysis required under paragraph (1), the Comptroller General 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 the findings of such analysis. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the Corps of Engineers procedures to address the discovery of Tribal historic or cultural resources, including village sites, burial sites, and human remains, at authorized water resources development projects.
In conducting the review required under paragraph (1), the Comptroller General shall— evaluate the implementation of the Tribal Liaison requirements under section 8112 of the Water Resources Development Act of 2022 ( 33 U.S.C. 2281a ); describe the procedures used by the Corps of Engineers when Tribal historic or cultural resources are identified at authorized water resources development projects, including— coordination with relevant Tribes, Federal, State, and local agencies; the role and effectiveness of the Tribal Liaison; recovery and reburial standards; any differences in procedures used by each Corps of Engineers district; and as applicable, the implementation of the requirements of section 306108 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act) or the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq); and provide recommendations to improve the coordination between the Corps of Engineers and Tribes for the identification and recovery of Tribal historic and cultural resources discovered at authorized water resources development projects.
In conducting the review required under paragraph (1), the Comptroller General shall prioritize reviewing procedures used by the Sacramento District in the South Pacific Division of the Corps of Engineers. Upon completion of the review required under paragraph (1), the Comptroller General 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 the findings of such review.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review on the Risk Rating 2.0 initiative. The Comptroller General shall include in the review required under paragraph
(1)the following: A description of— the Corps of Engineers processes for communicating changes to floodplain maps made as a result of Risk Rating 2.0 to affected communities and property owners; and any measures the Corps of Engineers has put in place to assist owners of property that has been included in floodplain maps as a result of Risk Rating 2.0, including any options for mitigating flood risk and financial support programs. An evaluation of the transparency and clarity of information provided to property owners about such changes, including an assessment of the adequacy of outreach and education efforts to inform such property owners about available resources for flood risk mitigation. An assessment of— the broader effects of changes to floodplain maps as a result of Risk Rating 2.0 on communities, including potential economic and social effects of increased floodplain designations; the role of local governments and community organizations in responding to and managing such changes; how such changes may affect the benefit-cost analysis used by the Corps of Engineers; and whether such changes affect the prioritization and justification of flood risk management projects. Upon completion of the review required under paragraph (1), the Comptroller General 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 the findings of such review.
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- 32 USC 2289a
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