Sec. 1244. GAO STUDIES

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1244 GAO STUDIES ###

(a)Review of the Accuracy of Project Cost Estimates ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the “Comptroller General”) shall initiate a review of the accuracy of the project cost estimates developed by the Corps of Engineers for completed and ongoing water resources development projects carried out by the Secretary. ####

(2)Requirements In carrying out paragraph (1), the Comptroller General shall determine the factors, if any, that impact the accuracy of the estimates described in that subparagraph, including— #####

(A)applicable statutory requirements, including— ######

(i)section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c); and ######

(ii)section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)); and #####

(B)applicable guidance, regulations, and policies of the Corps of Engineers. ####

(3)Incorporation of previous report In carrying out paragraph (1), the Comptroller General may incorporate applicable information from the report carried out by the Comptroller General under section 8236(c) of the Water Resources Development Act of 2022 (136 Stat. 3769). ####

(4)Report On completion of the review conducted under paragraph (1), the Comptroller General 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 the findings of the review and any recommendations that result from the review. ###

(b)Report on Project Lifespan and Indemnification Clause in Project Partnership Agreements ####

(1)Sense of congress It is the sense of Congress that— #####

(A)there are significant concerns about whether— ######

(i)the indemnification clause, which was first applied in 1910 to flood control projects, should still be included in project partnership agreements prepared by the Corps of Engineers for water resources development projects; and ######

(ii)non-Federal interests for water resources development projects should be required to assume full responsibility for OMRR&R of water resources development projects in perpetuity; #####

(B)non-Federal interests have reported that the indemnification clause and OMRR&R requirements are a barrier to entering into project partnership agreements with the Corps of Engineers; #####

(C)critical water resources development projects are being delayed by years, or not pursued at all, due to the barriers described in subparagraph (B); and #####

(D)legal structures have changed since the indemnification clause was first applied and there may be more suitable tools available to address risk and liability issues. ####

(2)Analysis Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct an analysis of the implications of— #####

(A)the indemnification clause; and #####

(B)the assumption of OMRR&R responsibilities by non-Federal interests in perpetuity for water resources development projects. ####

(3)Inclusions The analysis under paragraph

(2)shall include— #####

(A)a review of risk for the Federal Government and non-Federal interests with respect to removing requirements for the indemnification clause; #####

(B)an assessment of whether the indemnification clause is still necessary given the changes in engineering, legal structures, and water resources development projects since 1910, with a focus on the quantity and types of claims and takings over time; #####

(C)an identification of States with State laws that prohibit those States from entering into agreements that include an indemnification clause; #####

(D)a comparison to other Federal agencies with respect to how those agencies approach indemnification and OMRR&R requirements in projects, if applicable; #####

(E)a review of indemnification and OMRR&R requirements for projects that States require with respect to agreements with cities and localities, if applicable; #####

(F)an analysis of the useful lifespan of water resources development projects, including any variations in that lifespan for different types of water resources development projects and how changing weather patterns and increased extreme weather events impact that lifespan; #####

(G)a review of situations in which non-Federal interests have been unable to meet OMRR&R requirements; and #####

(H)a review of policy alternatives to OMRR&R requirements, such as allowing extension, reevaluation, or deauthorization of water resources development projects. ####

(4)Report On completion of the analysis under paragraph (2), the Comptroller General 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 includes— #####

(A)the results of the analysis; and #####

(B)any recommendations for changes needed to existing law or policy of the Corps of Engineers to address those results. ####

(5)Definitions In this subsection: #####

(A)Indemnification clause The term “indemnification clause” means the indemnification clause required in project partnership agreements for water resources development projects under sections 101(e)(2) and 103(j)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(e)(2), 2213(j)(1)(A)). #####

(B)Omrr&r The term “OMRR&R”, with respect to a water resources development project, means operation, maintenance, repair, replacement, and rehabilitation. ###

(c)Review of Certain Permits ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the section 408 program. ####

(2)Requirements The review by the Comptroller General under paragraph

(1)shall include, at a minimum— #####

(A)an identification of trends related to the number and types of permits applied for each year under the section 408 program; #####

(B)an evaluation of— ######

(i)the materials developed by the Secretary to educate potential applicants about— ######

(I)the section 408 program; and ######

(II)the process for applying for a permit under the section 408 program; ######

(ii)the public website of the Corps of Engineers that tracks the status of permits issued under the section 408 program, including whether the information provided by the website is updated in a timely manner; ######

(iii)the ability of the districts and divisions of the Corps of Engineers to— ######

(I)consistently administer the section 408 program; ######

(II)make timely decisions on a permit requested under the section 408 program; and ######

(III)carry out a preapplication meeting with the relevant non-Federal entity requesting a permit under the section 408 program that provides clear, concise, and specific information on the technical requirements of an application for such a permit; and ######

(iv)the extent to which the Secretary carries out the process for issuing a permit under the section 408 program concurrently with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if applicable; #####

(C)a determination of the factors, if any, that impact the ability of the Secretary to adhere to the timelines required for reviewing and making a decision on an application for a permit under the section 408 program; #####

(D)ways to expedite the review of applications for permits under the section 408 program, including the use of categorical permissions or the establishment of a single office within the Corps of Engineers to review applications for such permits. ####

(3)Report On completion of the review under paragraph (1), the Comptroller General 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 the findings of the review and any recommendations that result from the review. ####

(4)Definition of section 408 program In this subsection, the term “section 408 program” means the program administered by the Secretary pursuant to section 14 of the Act of March 3, 1899 (33 U.S.C. 408). ###

(d)Corps of Engineers Modernization Study ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of opportunities for the Corps of Engineers to modernize the civil works program through the use of technology, where appropriate, and the best available engineering practices. ####

(2)Inclusions In conducting the analysis under paragraph (1), the Comptroller General of the United States shall include an assessment of the extent to which— #####

(A)existing engineering practices and technologies, including digital infrastructure and 3D modeling technologies, could be better utilized by the Corps of Engineers to— ######

(i)improve study, planning, and design efforts of the Corps of Engineers to further the benefits of water resources development projects of the Corps of Engineers; ######

(ii)reduce delays and cost overruns of water resources development projects, including through the improvement of environmental review and permitting processes; ######

(iii)provide cost savings over the lifecycle of a project, including through improved design processes or a reduction of operation and maintenance costs; ######

(iv)facilitate information sharing and complex water resources projects, and improve productivity of the Corp of Engineers; and ######

(v)improve data collection and data sharing capabilities; and #####

(B)the Corps of Engineers— ######

(i)currently utilizes the engineering practices and technologies identified under subparagraph (A), including any challenges associated with— ######

(I)costs and the acquisition process; ######

(II)the application of such practices and technologies; ######

(III)interoperability of such technologies with the other systems and technologies of the Corps of Engineers; and ######

(IV)security concerns associated with such technologies and how such concerns may be addressed; ######

(ii)has effective processes to share best practices associated with the engineering practices and technologies identified under subparagraph

(A)among the districts, divisions, and headquarters of the Corps of Engineers; and ######

(iii)partners with National Laboratories, academic institutions, and other Federal agencies. ####

(3)Report On completion of the analysis under paragraph (1), the Comptroller General 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 the findings of the analysis and any recommendations that result from the analysis. ###

(e)Study on Easements Related to Water Resources Development Projects ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of the use of covered easements that may be provided to the Secretary by non-Federal interests in relation to the construction, operation, or maintenance of a project for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration. ####

(2)Scope In carrying out the analysis under paragraph (1), the Comptroller General of the United States shall— #####

(A)review— ######

(i)the report submitted by the Secretary under section 8235(b) of the Water Resources Development Act of 2022 (136 Stat. 3768); and ######

(ii)the existing statutory, regulatory, and policy requirements and procedures relating to the use of covered easements; and #####

(B)assess— ######

(i)the minimum rights in property that are necessary to construct, operate, or maintain projects for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration; ######

(ii)whether increased use of covered easements in relation to projects described in clause

(i)could promote greater participation from cooperating landowners in addressing local flooding or ecosystem restoration challenges; ######

(iii)whether such increased use could result in cost savings in the implementation of the projects described in clause (i), without any reduction in project benefits; and ######

(iv)the extent to which the Secretary should expand what is considered by the Secretary to be part of a series of estates deemed standard for construction, operation, or maintenance of a project for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration. ####

(3)Report On completion of the analysis under paragraph (1), the Comptroller General 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 the findings of the analysis, including any recommendations, including legislative recommendations, as a result of the analysis. ####

(4)Definition of covered easement In this subsection, the term “covered easement” has the meaning given the term in section 8235(c) of the Water Resources Development Act of 2022 (136 Stat. 3768). ###

(f)Modernization of Environmental Reviews ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the efforts of the Secretary to facilitate improved environmental review processes for project studies, including through the consideration of expanded use of categorical exclusions, environmental assessments, or programmatic environmental impact statements. ####

(3)Requirements In conducting the review under paragraph (1), the Comptroller General of the United States shall— #####

(A)describe the actions the Secretary is taking or plans to take to implement the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118-5); #####

(B)describe the existing categorical exclusions most frequently used by the Secretary to streamline the environmental review of project studies; #####

(C)consider— ######

(i)whether the adoption of additional categorical exclusions, including those used by other Federal agencies, would facilitate the environmental review of project studies; ######

(ii)whether the adoption of new programmatic environmental impact statements would facilitate the environmental review of project studies; and ######

(iii)whether agreements with other Federal agencies would facilitate a more efficient process for the environmental review of project studies; and #####

(D)identify— ######

(i)any discrepancies or conflicts, as applicable, between the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118-5) and— ######

(I)section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348); and ######

(II)section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c); and ######

(ii)other issues, as applicable, relating to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) that are impeding the implementation of that section consistent with congressional intent. ####

(3)Report On completion of the review under paragraph (1), the Comptroller General 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 the findings of the review, including any legislative recommendations, as a result of the review. ####

(4)Definition of project study In this subsection, the term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282). ###

(g)Study on Dredged Material Disposal Site Construction ####

(1)In general The Comptroller General shall conduct a study that— #####

(A)assesses the costs and limitations of the construction of various types of dredged material disposal sites, with a particular focus on aquatic confined placement structures in the Lower Columbia River; and #####

(B)includes a comparison of— ######

(i)the operation and maintenance needs and costs associated with the availability of aquatic confined placement structures; and ######

(ii)the operation and maintenance needs and costs associated with the lack of availability of aquatic confined placement structures. ####

(2)Report On completion of the study under paragraph (1), the Comptroller General 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 the findings of the study, and any recommendations that result from that study. ###

(h)GAO Study on Distribution of Funding From the Harbor Maintenance Trust Fund ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of the distribution of funding from the Harbor Maintenance Trust Fund. ####

(2)Requirements In conducting the analysis under paragraph (1), the Comptroller General shall assess— #####

(A)the implementation of provisions related to the Harbor Maintenance Trust Fund in the Water Resources Development Act of 2020 (134 Stat. 2615) and the amendments made by that Act by the Corps of Engineers, including— ######

(i)changes to the budgetary treatment of funding from the Harbor Maintenance Trust Fund; and ######

(ii)amendments to the definitions of the terms “donor ports”, “medium-sized donor parts”, and “energy transfer ports” under section 2106(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(a)), including— ######

(I)the reliability of metrics, data for those metrics, and sources for that data used by the Corps of Engineers to determine if a port satisfies the requirements of 1 or more of those definitions; and ######

(II)the extent of the impact of cyclical dredging cycles for operations and maintenance activities and deep draft navigation construction projects on the ability of ports to meet the requirements of 1 or more of those definitions; and #####

(B)the amount of Harbor Maintenance Trust Fund funding in the annual appropriations Acts enacted after the date of enactment of the Water Resources Development Act of 2020 (134 Stat. 2615), including an analysis of— ######

(i)the allocation of funding to donor ports and energy transfer ports (as those terms are defined in section 2106(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(a))) andtheuse of that funding by those ports; ######

(ii)activities funded pursuant to section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238); and ######

(iii)challenges associated with expending the remaining balance of the Harbor Maintenance Trust Fund. ####

(3)Report On completion of the analysis under paragraph (1), the Comptroller General 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 describing the findings of the analysis and any recommendations that result from that analysis. ####

(5)Definition of harbor maintenance trust fund In this subsection, the term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505(a) of the Internal Revenue Code of 1986. ###

(i)Study on Environmental Justice ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of— #####

(A)the costs and benefits of the environmental justice initiatives of the Secretary with respect to the civil works program; and #####

(B)the positive and negative effects on the civil works program of those environmental justice initiatives. ####

(2)Inclusions The analysis under paragraph

(1)shall include, at a minimum, a review of projects carried out by the Secretary during fiscal year 2023 and fiscal year 2024 pursuant to the environmental justice initiatives of the Secretary with respect to the civil works program. ####

(j)Study on Donor Ports ####

(1)In general 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)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; #####

(B)a summary of all funds that have been provided to donor ports under such section; #####

(C)an assessment of how the Secretary provides funding under such section to donor ports, including— ######

(i)a complete description of the process and data used to determine eligibility; and ######

(ii)the impact construction and maintenance projects, including maintenance dredging and deep draft navigation construction projects, have on donor port eligibility; #####

(D)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 #####

(E)recommendations to improve the provision of funds under such section. ####

(2)Report 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. ###

(k)Study on Corps of Engineers Disaster Preparedness, Response, and Related Information Collection ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of Corps of Engineers disaster preparedness and response activities, including— #####

(A)an accounting of postdisaster expenditures from the “Corp of Engineers-Civil-Flood Control and Coastal Emergencies” account and from any post-disaster supplemental appropriations Act for each of fiscal years 2004 through 2023, including— ######

(i)any budget requests made for such account or supplemental appropriations for the civil works program of the Corp of Engineers; ######

(ii)the total combined amount of funding for each fiscal year from such account and such appropriations Act; ######

(iii)the amounts transferred to such account from other accounts of the Corps of Engineers to cover a funding shortfall for postdisaster activities in each fiscal year; ######

(iv)the name and location of the authorized water resources development projects impacted by the transfer of funds described in clause (iii); ######

(v)a summary of the activities and actions carried out with amounts available in such account or from such supplemental appropriations Acts, including the amount provided for salaries and expenses; and #####

(B)an assessment and description of— ######

(i)any contributing factors that resulted in any annual variability in the amounts described in clauses (i), (ii), and (iii); and ######

(ii)budgetary trends in the provision of post-disaster assistance that may impact future spending through such account or from such supplemental appropriations Acts; and ######

(iii)any impact of post-disaster supplemental appropriations on emergency response activities; #####

(C)an evaluation of— ######

(i)the publicly available information on disaster response and preparedness related to authorized water resources development projects, such as levees; ######

(ii)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 ######

(iii)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 #####

(D)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). ####

(2)Report 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. ###

(l)Study on Homeless Encampments on Corps of Engineers Property ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of— #####

(A)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; #####

(B)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; #####

(C)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 #####

(D)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. ####

(2)Consultation 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. ####

(3)Report 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. ###

(m)Study on Federal-state Data Sharing Efforts ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General 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. ####

(2)Scope In conducting the analysis required under paragraph (1), the Comptroller General shall— #####

(A)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; #####

(B)examine the methodologies and mechanisms for collecting, analyzing, synthesizing, and verifying such data; and #####

(C)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. ####

(n)Study on Institutional Barriers to Nature-based Features ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of— #####

(A)nature-based features that are incorporated into authorized water resources development projects by the Corps of Engineers and the type of such projects; #####

(B)any limitation on the authority of the Secretary to incorporate nature-based features into authorized water resources development projects; #####

(C)regulatory processes necessary for the use of nature-based features, including permitting timelines; #####

(D)the level of efficacy and effectiveness of nature-based features at authorized water resources development projects that have— ######

(i)utilized such nature-based features; and ######

(ii)undergone extreme weather events, including hurricanes; and #####

(E)institutional barriers within the Corps of Engineers preventing broader consideration and integration of nature-based features, including— ######

(i)staff experience with, and expertise on, nature-based features; ######

(ii)official Corps of Engineers guidance on nature-based features; ######

(iii)time constraints or other expediency expectations; or ######

(iv)life cycle costs associated with incorporating nature-based features into water resources development projects. ####

(3)Definitions 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). ###

(o)Study on Ecosystem Services ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate an analysis of the use of ecosystem restoration by the Corps of Engineers for flood control or flood risk management projects. ####

(2)Scope In conducting the analysis under paragraph (1), the Comptroller General shall assess— #####

(A)how the Corps of Engineers complies, integrates, and prioritizes ecosystem restoration in benefit-cost analysis and generation of project alternatives; #####

(B)the geographic distribution and frequency of ecosystem restoration for flood control or flood risk management projects; #####

(C)the rationale and benefit-cost analyses that drive decisions to incorporate ecosystem restoration into flood control or flood risk management projects; #####

(D)the additional long-term comprehensive benefits to local communities related to ecosystem restoration for flood control or flood risk management projects; #####

(E)recommendations for prioritizing ecosystem restoration as a tool for flood control and flood risk management projects; and #####

(F)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. ####

(p)Study on Tribal Coordination ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General 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. ####

(2)Scope In conducting the review required under paragraph (1), the Comptroller General shall— #####

(A)evaluate the implementation of the Tribal Liaison requirements under section 8112 of the Water Resources Development Act of 2022 (33 U.S.C. 2281a); #####

(B)describe the procedures used by the Corps of Engineers when Tribal historic or cultural resources are identified at authorized water resources development projects, including— ######

(i)coordination with relevant Tribes, Federal, State, and local agencies; ######

(ii)the role and effectiveness of the Tribal Liaison; ######

(iii)recovery and reburial standards; ######

(iv)any differences in procedures used by each Corps of Engineers district; and ######

(v)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 #####

(C)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. ####

(3)Prioritization 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. ####

(4)Report 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. ###

(q)Study on the Corps of Engineers Role in Support of FEMA Missions and Related Information Collection ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall complete a review of the Corps of Engineers and its role in support of Federal Emergency Management Agency missions beginning with fiscal year 2014, including— #####

(A)a description with costs and funding sources of all data, methodological advice, information, models, and analysis that the Corps of Engineers has provided to the Federal Emergency Management Agency together with an assessment of the fitness of such information for policy purposes in relation to— ######

(i)floodplain mapping; ######

(ii)flood insurance, including the Risk Rating 2.0 flood insurance pricing methodology; and ######

(iii)determination of the flood risk reduction provided by structural and nonstructural flood risk reduction projects, including levee systems, both accredited and non-accredited; and #####

(B)evaluation of the Corps of Engineers application of and compliance with section 515 of the Treasury and General Government Appropriations Act, 2001 (commonly known as the “Information Quality Act of 2000”) (Public Law 106-554, 114 Stat. 2763A-153) and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435, 132 Stat. 5529), including the amendments made by that Act, and associated guidelines issued by the Office of Management and Budget, in ensuring the fitness of data and information used by the Corps of Engineers and the Federal Emergency Management Agency as foundations for agency guidance, rules, and policymaking. ####

(2)Scope In conducting the review required under paragraph (1), the Comptroller General shall examine— #####

(A)discharge of the Secretary’s duties under section 3014 of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131); and #####

(B)administration of activities pursuant to National Levee Safety Act of 2007 (33 U.S.C. 3301 et seq.), section 1123 of the Water Resources Development Act of 2018 (33 U.S.C. 3306), and section 8121 of the Water Resources Development Act of 2022 (33 U.S.C. 3307), in order to establish— ######

(i)an assessment of Corps of Engineers use of peer review under section 515 of the Treasury and General Government Appropriations Act, 2001 (commonly known as the “Information Quality Act of 2000”) (Public Law 106-554, 114 Stat. 2763A-153); ######

(ii)the degree to which data, methodological advice, information, models, and analysis are freely accessible to the public; ######

(iii)the degree to which data, methodological advice, information, models, and analysis are transparent and reproducible by the public; ######

(iv)the views of the public and affected parties on how the Corps of Engineers should uphold the data quality and evidence-based policymaking objectives of such section 515 of the Treasury and General Government Appropriations Act, 2001 and the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435, 132 Stat. 5529), including the amendments made by that Act; ######

(v)the immediate and long-term impacts of the Corps of Engineers support to Federal Emergency Management Agency for affected communities, units of local government (including levee and drainage districts), and property owners, including the prioritization and justification of flood risk management projects; ######

(vi)the degree to which Federal coordination is occurring with affected communities, units of local government (including levee and drainage districts), and property owners in the formulation of agency guidance, rules, and policymaking, including agency adherence to section 1317 of the Housing and Urban Development Act of 1968 (42 U.S.C. 4024) in the formulation of the Risk Rating 2.0 flood insurance pricing methodology; ######

(vii)recommendations to the Secretary for improving compliance with the provisions of law referred to in clause (iv); and ######

(viii)recommendations to Congress, as appropriate, on legislation improving Corps of Engineers compliance with the provisions of law referred to in clause (iv). ####

(3)Consultation In carrying out the review required under paragraph (1), the Comptroller General shall consult with the Office of the Engineer Inspector General of the Corps of Engineers, the Office of Management and Budget, levee and drainage districts, and units of local government. ####

(4)Report Upon completion of the review required under paragraph

(1)and (2), 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. ###

(r)Report on Material Contaminated by a Hazardous Substance and the Civil Works Program ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General carry out a review of the impact of material contaminated by a hazardous substance on the civil works program of the Corps of Engineers, including relevant policies, regulations, or guidance of the Corps of Engineers. ####

(2)Requirements In developing the review under subsection (a), the Secretary shall— #####

(A)describe— ######

(i)with respect to water resources development projects— ######

(I)the applicable statutory authorities that require the removal of material contaminated by a hazardous substance; ######

(II)the roles and responsibilities of the Secretary and non-Federal interests for identifying and removing material contaminated by a hazardous substance; and ######

(III)the currently required remediation standards for water resources development projects where material contaminated by hazardous substances are identified, if applicable; and ######

(ii)any regulatory actions or decisions made by another Federal agency that impact— ######

(I)the removal of material contaminated by a hazardous substance; and ######

(II)the ability of the Secretary to carry out the civil works program of the Corps of Engineers; #####

(B)discuss the impact of material contaminated by a hazardous substance on— ######

(i)the timely completion of construction of water resources development projects; ######

(ii)the operation and maintenance of water resources development projects, including dredging activities of the Corps of Engineers to maintain authorized Federal depths at ports and along the inland waterways; and ######

(iii)costs associated with carrying out the civil works program of the Corps of Engineers; and #####

(C)include any other information that the Secretary determines to be appropriate to facilitate an understanding of the impact of material contaminated by a hazardous substance on the civil works program of the Corps of Engineers. ####

(3)Report On completion of the review under paragraph (1), the Comptroller General 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 the findings of such assessment, including any legislative recommendations that result from such assessment. # TITLE III DEAUTHORIZATIONS AND MODIFICATIONS

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Traces to 18 documents

U.S. Code