Sec. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS
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## SEC. 1301 DEAUTHORIZATION OF INACTIVE PROJECTS Section 301 of the Water Resources Development Act of 2020 (33 U.S.C. 579d-2) is amended by striking subsections
(a)through
(c)and inserting the following: > > ### “(a) Purposes > > The purposes of this section are— > > > #### “(1) > > to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to— > > > ##### “(A) > > a lack of local support; > > > ##### “(B) > > a lack of available Federal or non-Federal resources; or > > > ##### “(C) > > an authorizing purpose that is no longer relevant or feasible; > > > #### “(2) > > to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and > > > #### “(3) > > to allow the continued authorization of water resources development projects and separable elements that are viable for construction. > > > ### “(b) Proposed Deauthorization List > > > #### “(1) Preliminary list of projects > > > ##### “(A) In general > > The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before June 10, 2014, for which— > > > ###### “(i) > > planning, design, or construction was not initiated before the date of enactment of the Water Resources Development Act of 2024; or > > > ###### “(ii) > > planning, design, or construction was initiated before the date of enactment of the Water Resources Development Act of 2024, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years. > > > ##### “(B) Use of comprehensive construction backlog and operation and maintenance report > > The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a). > > > #### “(2) Preparation of proposed deauthorization list > > > ##### “(A) Proposed list and estimated deauthorization amount > > The Secretary shall— > > > ###### “(i) > > prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph
(1)that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and > > > ###### “(ii) > > include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects. > > > ##### “(B) Determination of federal cost to complete > > For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), as applied to the most recent project schedule and cost estimate. > > > #### “(3) Public comment and consultation > > > ##### “(A) In general > > The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A). > > > ##### “(B) Comment period > > The public comment period shall be 90 days. > > > #### “(4) Preparation of final deauthorization list > > > ##### “(A) In general > > The Secretary shall prepare a final deauthorization list by— > > > ###### “(i) > > considering any comments received under paragraph (3); and > > > ###### “(ii) > > revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments. > > > ##### “(B) Appendix > > The Secretary shall include as part of the final deauthorization list an appendix that— > > > ###### “(i) > > identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and > > > ###### “(ii) > > describes the reasons why the project or separable element is not included on the final deauthorization list. > > > ### “(c) Submission of Final Deauthorization List to Congress for Congressional Review; Publication > > > #### “(1) In general > > Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall— > > > ##### “(A) > > submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and > > > ##### “(B) > > publish the final deauthorization list and appendix in the Federal Register. > > > #### “(2) Exclusions > > The Secretary shall not include in the final deauthorization list submitted under paragraph
(1)any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.” > .
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