Sec. 1205. Corps of Engineers Reports
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Not later than 1 year after the date of enactment of this Act, the Secretary 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 access for individuals with disabilities to covered recreational areas. The Secretary shall include in the report submitted under paragraph (1)— existing policies or guidance for complying with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) at covered recreational areas; a complete list of covered recreational areas, and the status of each covered recreational area with respect to compliance with the requirements of such Act; identification of policy changes, internal guidance changes, or changes to shoreline management plans that may result in increased access for individuals with disabilities to covered recreational areas, including access to fishing-related recreational activities at covered recreational areas; an analysis of barriers that exist for covered recreational areas to fully comply with the requirements of such Act; and identification of specific covered recreational areas that could be improved or modified to better accommodate visitors with disabilities, including to increase recreational fishing access for individuals with disabilities.
In this subsection, the term covered recreational area means all sites constructed, owned, operated, or maintained by the Secretary that are used for recreational purposes. Not later than 1 year after the date of enactment of this Act, the Secretary 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 instances of high turbidity in a reservoir in the Willamette Valley resulting from a drawdown in the reservoir.
In carrying out subsection (a), the Secretary shall— collaborate with any relevant Federal, State, and non-Federal entities; identify and report instances during the 10-year period preceding the date of enactment of this Act in which turbidity concerns have arisen following a drawdown at a reservoir in the Willamette Valley, including Foster Lake and Green Peter Lake; report on turbidity monitoring that the Secretary performs during drawdowns to identify, and if necessary correct, turbidity issues; provide a summary of turbidity monitoring records collected during drawdowns with respect to which turbidity concerns have been raised by the public, including a comparison between turbidity prior to a drawdown, during a drawdown, and following refilling; identify lessons learned associated with turbidity resulting from drawdowns and indicate how changes based on those lessons learned are being implemented; and identify opportunities to minimize monetary strains on non-Federal entities caused by increased turbidity levels.
Not later than 1 year after the date of enactment of this Act, the Secretary 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 non-classified report that— highlights any security deficiencies that exist with respect to the Soo Locks; highlights any supply chain, logistical, and economic effects that would result from a malfunction or failure of the Soo Locks; highlights any effects on the Great Lakes Navigation System that would result from such a malfunction or failure; highlights any potential threats to the integrity of the Soo Locks; details the Corps of Engineers security measures in place to protect the Soo Locks; and contains recommendations, as necessary, and cost estimates for such recommendations, for— strengthening security measures for the Soo Locks; and reducing the effects on the supply chain that would result from a malfunction or failure of the Soo Locks.
In this subsection, the term Soo Locks means the locks at Sault Sainte Marie, Michigan, authorized by section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254; 121 Stat. 1131). Not later than 1 year after the date of enactment of this Act, and each year thereafter for 4 years, the Secretary 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 any planned or ongoing efforts to promote, rehabilitate, and enhance the growth of seagrasses in Florida stormwater treatment areas.
In carrying out subsection (a), the Secretary shall coordinate with relevant Federal, State, and local agencies and other regional stakeholders. In this subsection, the term Florida stormwater treatment area means a stormwater treatment area in the State of Florida authorized by or pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786). Not later than 1 year after the date of enactment of this Act, the Secretary 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 describing the use of the authority under part 327 of title 36, Code of Federal Regulations, with respect to the issuance of new, or modifications to existing, shoreline use permits at the Table Rock Lake project of the Corps of Engineers, located in Missouri and Arkansas, authorized as one of the multipurpose reservoir projects in the White River Basin by section 4 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218).
The Secretary shall include in the report required under paragraph (1)— a review of existing regulatory and administrative requirements related to the lease, rent, sublease, or other usage agreement by a permittee for permitted facilities under a shore19 line use permit, including a floating, non-floating, or fixed-floating structure; a description of the authority and public-interest rationale for such requirements, including impacts on local businesses, property owners, and prospective lessors, renters, or other contractual users of such facilities; and a description of the authority for the transfer of shoreline use permits upon transfer of the permitted facility by sale or other means.
Not later than 1 year after the date of enactment of this Act, the Secretary 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 policies of the Corps of Engineers relating to using property buyouts as part of coastal storm risk management projects. In developing the report under paragraph (1), the Secretary shall consider ways in which current policies on mandatory property buyouts may— diminish the incentives for local communities to work with the Corps of Engineers; and increase vulnerabilities of communities to flood risk, including communities described in the guidance issued by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note).
Not later than 2 years after the date of enactment of this Act, the Secretary 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 fuel efficiency of each vessel within the fleet of vessels owned by the Corps of Engineers. In the report submitted under paragraph (1), the Secretary shall include the following: A list of vessels that are commercially available and may be used to carry out the missions of the Corps of Engineers that can be incorporated into the fleet of vessels owned by the Corps of Engineers to increase fuel efficiency of such fleet.
A list of modifications that can be made to increase fuel efficiency of such fleet and the associated cost of such modifications. A life cycle cost analysis of replacing vessels owned by the Corps of Engineers with vessels that are more fuel efficient. A description of technologies used or available to the Secretary to evaluate fuel efficiency of each vessel owned by the Corps of Engineers. A description of other opportunities to increase fuel efficiency of each such vessel. A description of potential cost savings by increasing fuel efficiency of such vessels.
A description of State or local policies or requirements regarding efficiencies or emissions of vessels, or related technology, that the Secretary must comply with at water resources development projects, and any impact such policies and requirements have on project costs. Not later than 1 year after the date of enactment of this Act, the Secretary 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 detailing— the number of boat ramps constructed by the Secretary that are located at a site constructed, owned, operated, or maintained by the Secretary; the number of such boat ramps that are operational; and the number of such boat ramps that require maintenance in order to be made operational.
Not later than 1 year after the date of enactment of this Act, the Secretary 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 bridges owned, operated, and maintained by the Corps of Engineers. The Secretary shall include in the report required under paragraph (1)— a list of bridges carrying passengers that are— not located in recreational areas; and not required to be owned, operated, and maintained by the Corps of Engineers for the proper functioning of water resources development projects; a description of the location of such bridges and applicable State authority or political subdivision to which has requested such bridges may be transferred or conveyed under section 109 of the River and Harbor Act of 1950 ( 33 U.S.C. 534 ); and a description of measures taken by the Corps of Engineers to reduce the number of bridges owned, operated, and maintained by the Corps of Engineers.
It is the sense of Congress that through this Act, as well as through section 1115 of the Water Resources Development Act of 2018, Congress has provided the Secretary all of the authority, and all of the direction, needed to acquire interests in real estate that are less than fee simple title. Not later than 90 days after the date of enactment of this Act, the Secretary 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 indicating whether the Secretary agrees with the sense of Congress in paragraph (1).
Should the result of report required by paragraph
(2)be that the Secretary disagrees with the sense of Congress in paragraph (1), not later than 1 year after the date of enactment of this Act, the Secretary 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 specifying recommendations and technical drafting assistance for statutory language that would provide the Secretary the intended authority as expressed in paragraph (1). Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on efforts by the Secretary to prevent and mitigate flood damages associated with ice jams. The Secretary shall include in the report under paragraph (1)— an assessment of the projects carried out pursuant to section 1150 of the Water Resources Development Act of 2016 ( 33 U.S.C. 701s note), if applicable; and a description of— the challenges associated with preventing and mitigating ice jams; the potential measures that may prevent or mitigate ice jams, including the extent to which additional research and the development and deployment of technologies are necessary; and actions taken by the Secretary to provide non-Federal interests with technical assistance, guidance, or other information relating to ice jam events; and how the Secretary plans to conduct outreach and engagement with non-Federal interests and other relevant State and local agencies to facilitate an understanding of the circumstances in which ice jams could occur and the potential impacts to critical public infrastructure from ice jams. The Secretary shall carry out an assessment of the extent to which the existing authorities and programs of the Secretary allow the Corps of Engineers to construct water resources development projects abroad. The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— describes— the findings of the assessment under paragraph (1); how each authority and program assessed under paragraph
(1)has been used by the Secretary to construct water resources development projects abroad, if applicable; and the extent to which the Secretary partners with other Federal agencies when carrying out such projects; and includes any recommendations that result from the assessment under paragraph (1).
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U.S. Code
6 references not yet in our index
- 100 Stat. 4254
- 121 Stat. 1131
- 114 Stat. 2680
- 121 Stat. 1268
- 132 Stat. 3786
- 52 Stat. 1218
Citation graph
cites case law
Sec. 1205
Corps of Engineers Reports
Stat.100 Stat. 4254
Stat.121 Stat. 1131
Stat.114 Stat. 2680
Stat.121 Stat. 1268
Stat.132 Stat. 3786
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