Water Resources Development Act of 2016

The Corps of Engineers constructs projects for the purposes of navigation, flood control, beach erosion control and shoreline protection, hydroelectric power, recreation, water supply, environmental protection, restoration, and enhancement, and fish and wildlife mitigation.

The Corps of Engineers is the primary Federal provider of outdoor recreation in the United States.

The Corps of Engineers owns and operates more than 600 dams.

The Corps of Engineers operates and maintains 12,000 miles of commercial inland navigation channels.

The Corps of Engineers manages the dredging of more than 200,000,000 cubic yards of construction and maintenance dredge material annually.

The Corps of Engineers maintains 926 coastal, Great Lakes, and inland harbors.

The Corps of Engineers restores, creates, enhances, or preserves tens of thousands of acres of wetlands annually under the Corps’ Regulatory Program.

The Corps of Engineers provides a total water supply storage capacity of 329,200,000 acre-feet in major Corps lakes.

The Corps of Engineers owns and operates 24 percent of United States hydropower capacity or 3 percent of the total electric capacity of the United States.

The Corps of Engineers supports Army and Air Force installations.

The Corps of Engineers provides technical and construction support to more than 100 countries.

The Corps of Engineers manages an Army military construction program that carried out approximately $44,600,000,000 in construction projects (the largest construction effort since World War II) between 2006 and 2013.

The Corps of Engineers researches and develops technologies to protect the environment and enhance quality of life in the United States.

The legislation for authorizing Corps of Engineers projects is the Water Resources Development Act and, between 1986 and 2000, Congress typically enacted an authorization bill every 2 years.

Since 2000, only 3 Water Resources Development Acts have been enacted.

In 2014, the Water Resources Reform and Development Act of 2014 was enacted, which accelerated the infrastructure project delivery process, fostered fiscal responsibility, and strengthened water transportation networks to promote the competitiveness, prosperity, and economic growth of the United States.

Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) requires typical Corps of Engineers project feasibility studies to be completed in 3 years.

Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) requires the Corps of Engineers to submit annually a Report to Congress on Future Water Resources Development, which ensures projects and activities proposed at the local, regional, and State levels are considered for authorization.

Passing Water Resources Development Acts on a routine basis enables Congress to exercise oversight, ensures the Corps of Engineers maintains an appropriately sized portfolio, prevents project backlog, and keeps United States infrastructure competitive.

the missions and authorities of the Corps of Engineers are a unique function that benefits all Americans;

water resources development projects are critical to maintaining economic prosperity, national security, and environmental protection;

Congress has required timely delivery of project and study authorization proposals from non-Federal project sponsors and the Corps of Engineers; and

Congress should consider a Water Resources Development Act at least once every Congress.

compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within the United States;

determining the general structural condition of each breakwater and jetty;

analyzing the potential risks to navigational safety, and the impact on the periodic maintenance dredging needs of protected harbors and inland harbors, resulting from the general structural condition of each breakwater and jetty; and

estimating the costs, for each breakwater and jetty, to restore or maintain the breakwater or jetty to authorized levels and the total of all such costs.

reducing storm damage to property and infrastructure;

promoting public safety;

protecting, restoring, and creating aquatic ecosystem habitats;

stabilizing stream systems and enhancing shorelines;

promoting recreation;

supporting risk management adaptation strategies; and

reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—

identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material;

consult with relevant State agencies in selecting projects; and

select projects solely on the basis of—

In general

In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program.

Composition

maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;

incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;

coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;

fosters Federal, State, and local collaboration;

implements best practices to maximize the beneficial use of dredged sand and other sediments; and

ensures that the use of dredged material is consistent with all applicable environmental laws.

a description of the projects selected to be carried out under the pilot program;

documentation supporting each of the projects selected;

the findings of regional beneficial use teams regarding project selection; and

any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.

to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the Secretary; and

to enter into written agreements pursuant to section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with non-Federal interests to carry out the conservation measures approved by such evaluations.

Storm water capture.

Releases for ground water replenishment or aquifer storage and recovery.

Releases to augment water supply at another Federal or non-Federal storage facility.

Other conservation measures that enhance usage of a Corps of Engineers project for water supply.

water supply storage pursuant to section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b); or

surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).

affects, modifies, or changes the authorized purposes of a Corps of Engineers project;

affects existing Corps of Engineers authorities, including its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration;

affects the Corps of Engineers ability to provide for temporary deviations;

affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);

supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act;

supersedes or modifies any amendment to an existing multistate water control plan, including those water control plans along the Missouri River and those water control plans in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa basins;

affects any water right in existence on the date of enactment of this Act; or

preempts or affects any State water law or interstate compact governing water.

the 50-year period that began on the date on which project construction was completed has concluded; or

the criteria identified in the guidance issued under subsection (c) have been met with respect to the project.

operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) systems in support of civil works and emergency response missions of the Corps of Engineers; and

acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.

the current and anticipated configuration and capacity of the Federal and private hopper dredge fleet;

the current and anticipated trends for the volume and type of dredge work required over the next 10 years, and the alignment of the size of the existing Federal and private hopper dredge fleet with future dredging needs;

available historic data on the costs, efficiency, and time required to initiate and complete dredging work carried out by Federal and private hopper dredge fleets, respectively;

whether the requirements of section 3 of the Act of August 11, 1888 (25 Stat. 423, chapter 860; 33 U.S.C. 622), have any demonstrable impacts on the factors identified in paragraphs (1) through (3), and whether such requirements are most economical and advantageous to the United States; and

other factors that the Comptroller General determines are necessary to evaluate whether it is economical and advantageous to the United States to expand, reduce, or maintain the current configuration of the federally owned hopper dredge fleet.

in paragraph (11) by striking State or Indian tribe and inserting State, regional district, or Indian tribe;

by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and

by inserting after paragraph (11) the following:

in subsection (a)—

in subsection (c)—

in subsection (c)—

in subsection (e)(1) in the matter preceding subparagraph (A) by striking States, communities, and levee owners and inserting States, regional districts, Indian tribes, communities, and levee owners;

in subsection (g)—

in subsection (h)—

in subsection (a)(1)—

in subsection (c)—

in subsection (d)—

Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States.

The Water Resources Reform and Development Act of 2014 (Public Law 113–121) established a new and transparent process to review and prioritize the water resources development activities of the Corps of Engineers with strong congressional oversight.

Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) requires the Secretary to develop and submit to Congress each year a Report to Congress on Future Water Resources Development and, as part of the annual report process, to—

Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation.

To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretary’s annual request for proposals in order for such proposals to be eligible for consideration by Congress.

develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests;

provide written notice to previous and potential non-Federal interests and local elected officials on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers;

issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of section 7001; and

provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents.

may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and

shall be submitted, upon completion, to—

review the report; and

provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.

a general reevaluation report;

a limited reevaluation report; and

any other report that recommends the modification of an authorized water resources development project.

the volume of dredged material removed;

the initial cost estimate of the Corps of Engineers;

the total cost;

the party and vessel carrying out the work; and

the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.

In general

A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless funds have been obligated for construction of such project during that period.

Identification of projects

Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), 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 identifies the projects deauthorized under paragraph (1).

a list of any water resources development projects authorized by this Act for which construction has not been completed during that period;

a description of the reasons the projects were not completed;

a schedule for the completion of the projects based on expected levels of appropriations; and

a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.

the metrics used in developing the civil works budget for the applicable fiscal year;

the metrics used in developing each business line in the civil works budget; and

how projects are prioritized in the applicable budget submission, including how the Secretary determines those projects for which construction initiation is recommended.

Requirement

If the Secretary proposes a covered revised budget estimate, the Secretary shall notify, in writing, each Member of Congress representing a congressional district affected by the study, project, or activity subject to the revised estimate.

Covered revised budget estimate defined

In this subsection, the term covered revised budget estimate means a budget estimate for a water resources development study, project, or activity that differs from the estimate most recently specified for that study, project, or activity in a budget of the President submitted under section 1105(a) of title 31, United States Code.

An assessment of the observed and potential impacts of the use of natural and nature-based features on the cost and effectiveness of water resources development projects and any co-benefits resulting from the use of such features.

A description of any statutory, fiscal, or regulatory barrier to the appropriate consideration and use of natural and nature-based features in carrying out water resources development projects.

activities that warrant additional analysis by the Corps of Engineers; and

institutional and other barriers to providing protection to the vulnerable coastal populations.

project schedules for projects receiving assistance from the fund; and

expenditures from the fund.

the benefits to the taxpayer;

the impact on project delivery; and

the impact on jobs.

set forth procedures for certification of environmental banks, including criteria for adoption of an environmental banking instrument;

provide a mechanism for the transfer of environmental credits;

provide for priority certification to environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion, including the restoration of resources within the scope of a project authorized for construction;

ensure certification is given only to banks with secured adequate financial assurance and appropriate legally enforceable protection for restored lands or resources;

stipulate conditions under which cross-crediting of environmental services may occur and provide standards for the conversion of such crediting;

establish performance criteria for environmental banks;

establish criteria for the operation and monitoring of environmental banks; and

establish a framework whereby the purchase of credit from an environmental bank may be used to offset or satisfy past, current, or future adverse environmental impacts or liability under law to wetlands, water, wildlife, or other natural resources.

affects the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or

affects the obligations or requirements of any Federal environmental law.

the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards, as required by the Board of Directors; and

the Tennessee Valley Authority has authorized the use of recreational vessels on such waters.

may not require the removal of such floating cabin—

shall approve and allow the use of the floating cabin on waters under the jurisdiction of the Tennessee Valley Authority at such time, and for such duration, as the floating cabin meets the requirements of subsection (a) and the owner of such cabin has paid any fee levied pursuant to subsection (b).

a determination as to the number and location of Indian people displaced by the construction of the Bonneville Dam, the Dalles Dam, or the John Day Dam;

a determination of the amounts and types of assistance provided by the Federal Government to Indian people displaced by the construction of such dams to the present; and

a determination of whether and how much assistance is necessary to meet any remaining Federal obligations to compensate Indian people displaced by the construction of such dams.

prioritize the updating of the water control manuals for control structures under the jurisdiction of the Secretary that are located in the State; and

incorporate into the update seasonal operations for water conservation and water supply for such control structures.

the extent to which there is geographic diversity among the projects included in such budget requests; and

whether the methodologies used by the Corps of Engineers to calculate benefit-cost ratios for projects impact the geographic diversity of projects included in such budget requests.

shall include a 60-day public comment period for a Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan revision; and

shall not finalize a revision for the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan during the 5-year period beginning on the date of enactment of this Act.

In general

The Secretary shall—

Requirement

The Secretary shall complete the study under paragraph (1)(A) before adopting any revision to the Table Rock Lake Shoreline Management Plan.

In general

Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Muscogee (Creek) Nation.

Conditions

The land transfer under this subsection shall be subject to the following conditions:

In general

The land to be transferred pursuant to subsection (a) is the approximately 18.38 acres of land located in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., McIntosh County, Oklahoma, generally depicted as USACE on the map entitled Muscogee (Creek) Nation Proposed Land Acquisition and dated October 16, 2014.

Survey

The exact acreage and legal description of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.

to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and

all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of—

Gulf states

The term Gulf States means each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.

Secretary

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

Hurricane Katrina in 2005;

the Deepwater Horizon oil spill in 2010; and

floods in 2011 and 2016.

State or local law enforcement officers have documented that there exist safety hazards that are a direct result of excessive wakes in the channel;

a State law has been enacted to establish a no wake zone for the channel or waters adjacent to the channel; and

the no wake zone complies with any recommendation made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the zone and the safety of the passengers and crew aboard such vessels.

is federally marked or maintained;

is part of the Atlantic Intracoastal Waterway; and

is adjacent to a marina.

the Cold Regions Research and Engineering Laboratory of the Corps of Engineers;

universities;

Federal, State, and local agencies; and

private organizations.

How tribal consultation rules apply to the permitting process, especially for projects not on tribal lands but which may still be continguous to such lands or affect tribal cultural and natural resources.

How the Corps of Engineers defines meaningful consultation.

Whether the current process adequately considers tribal interests including environmental, social, health and well-being of tribal members.

How the Corps of Engineers informs tribes that it will not consider concerns or alternatives raised during the consultation process.

How the Corps of Engineers determines a project’s impact on tribal communities including the Corps ability to protect cultural and natural resources such as water.

The specific situations by which tribes have access to high level Corps of Engineers officials such as the Assistant Secretary of the Army (Civil Works) and the Chief of Engineers to dispute or otherwise direct concerns about pending Corps of Engineers projects or permits, including examples of instances in which the Corps of Engineers provided such access as part of its consultation with a tribe regarding a particular project.

The role of headquarters in overseeing tribal consultation being done at the District and Division levels.

The effectiveness of the dispute resolution process that has been developed to elevate tribal concerns to higher levels of Corps of Engineers oversight and review.

Whether the Corps should undertake a rulemaking process related to its tribal consultation policies and procedures.

the results of the review;

any proposed changes to the tribal consultation policies determined necessary as a result of the review; and

if the Secretary determines that no changes to the tribal consultation policies are necessary, the justification for such determination.

response to flood and earthquake events;

pre-disaster mitigation measures;

lengthening the useful life of the infrastructure; and

identifying risks due to sea level rise.

consult with academic and other experts; and

consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.

Tract No. 1: Being approximately 1,277.80 acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States by instrument dated September 22, 1932, and recorded at volume 238, pages 578 through 580, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except the approximately 347.40 acres.

Tract No. 2: Being approximately 842.28 acres as condemned by the United States by the Final Report of Commissioners dated May 6, 1938, and recorded at volume 281, pages 486 through 488, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 158.14 acres comprised of an approximately 500 ft. wide strip centered on the centerline of the Brownsville Ship Channel.

Tract No. 3: Being approximately 362.00 acres as conveyed by the Manufacturing and Distributing University to the United States by instrument dated March 3, 1936, and recorded at volume R, page 123, in the Miscellaneous Deed Records of Cameron County, Texas, to be released and abandoned in its entirety.

Tract No. 5: Being approximately 10.91 acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, by instrument dated March 6, 1939, and recorded at volume 293, pages 113 through 115, in the Deed Records of Cameron County, Texas (said 10.91 acres are identified in said instrument as the Third Tract), to be partially released as to the land portion of the tract.

Tract No. 9: Being approximately 552.82 acres as condemned by the United States by the Final Report of Commissioners dated May 6, 1938, and recorded at volume 281, pages 483 through 486, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 88.04 acres comprised of an approximately 450 ft. wide strip along the new centerline of the Brownsville Ship Channel.

Tract No. 10: Being approximately 325.02 acres as condemned by the United States by the Final Report of Commissioners dated May 7, 1935, and recorded at volume 281, pages 476 through 483, in the Deed Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 61.58 acres comprised of an approximately 500 ft. wide strip centered on the new centerline of the Brownsville Ship Channel.

Tract No. 11: Being approximately 8.85 acres as conveyed by the Brownsville Navigation District of Cameron County, Texas, to the United States by instrument dated January 23, 1939, and recorded at volume 293, pages 115 through 118, in the Deed Records of Cameron County, Texas (said 8.85 acres are identified in said instrument as the First Tract), to be released and abandoned in its entirety, save and except a narrow area along the channel.

Claimant tribes

The term claimant tribes means the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Reservation, and the Wanapum Band of Priest Rapids.

Department

The term Department means the Washington State Department of Archaeology and Historic Preservation.

Human remains

The term human remains means the human remains that—

The release of the human remains to the claimant tribes is contingent upon the claimant tribes entering into agreement with the Department.

The claimant tribes are in agreement as to the final burial place of the human remains.

The claimant tribes are in agreement that the human remains will be buried in the State of Washington.

The claimant tribes are in agreement that the Department will take custody of the human remains upon the transfer by the Secretary.

In general

The transfer shall be limited solely to the human remains portion of the archaeological collection.

Secretary

The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection (b) after the date of the transfer.

Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona.

Project for flood risk management, Lower San Joaquin River, California. In carrying out the feasibility study for the project, the Secretary shall include Reclamation District 17 as part of the study.

Project for flood risk management and ecosystem restoration, Sacramento River Flood Control System, California.

Project for hurricane and storm damage risk reduction, Ft. Pierce, Florida.

Project for flood risk management, Des Moines and Raccoon Rivers, Iowa.

Project for navigation, Mississippi River Ship Channel, Louisiana.

Project for flood risk management, North Branch Ecorse Creek, Wayne County, Michigan.

Project for flood risk management, Rahway River Basin (Upper Basin), New Jersey.

Project for flood damage reduction and environmental restoration, Hamilton City, California.

Project for hurricane and storm damage risk reduction, New Hanover County, North Carolina.

to identify $10,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to—

to create an expedited and definitive process for Congress to deauthorize water resources development projects that are no longer viable for construction; and

to allow the continued authorization of water resources development projects that are viable for construction.

In general

The Secretary shall develop an interim deauthorization list that identifies—

Public comment and consultation

Submission to congress; publication

Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall—

In general

The Secretary shall develop a final deauthorization list of water resources development projects, or separable elements of projects, from the revised interim deauthorization list described in subsection (b)(3).

Deauthorization amount

Identification of projects

Public comment and consultation

Submission of final list to Congress; publication

Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall—

In general

After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a project or separable element of a project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period.

Non-Federal contributions

Projects identified in appendix

A project or separable element of a project identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress.

Definitions

In this section, the following definitions apply:

Treatment of project modifications

For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.

prioritize the updating of the Water Control Manuals for control structures in the Los Angeles County Drainage Area, Los Angeles County, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4611); and

integrate and incorporate into the project seasonal operations for water conservation and water supply.

the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction in item 8 of the table contained in section 7002(2) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366); or

previous authorizations providing for the Sacramento River and major and minor tributaries project, including—

Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park subdivision, Instrument Number 2014–00436.

Parcels 1, 2, and 3 of Hood River County Partition, Plat Number 2008–25P.

A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25, page 531 (Records of Hood River County, Oregon), in favor of the United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; previously acquired as Tracts OH–36 and OH–41 and a portion of Tract OH–47).

A flowage easement dated October 5, 1936, recorded October 17, 1936, book 25, page 476 (Records of Hood River County, Oregon), in favor of the United States, affecting that portion below the 94-foot contour line above main sea level (304 E1–Perpetual Flowage Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH–042 and a portion of Tract OH–47).

Federal liability

The United States shall not be liable for any injury caused by the extinguishment of an easement under this section.

Cultural and environmental regulatory actions

Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (b).

Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.

Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.

prioritize the updating of the Master Plan for the Juniata River and tributaries project, Huntingdon County, Pennsylvania, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1182); and

ensure that alternatives for additional recreation access and development at the project are fully assessed, evaluated, and incorporated as a part of the update.

Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped R 4–3 set in the top of the Texas City Dike along the east side of Bay Street bears North 56° 14′ 32″ West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped R 4–2 set in the top of the Texas City Dike along the east side of Bay Street bears North 49° 13′ 20″ West, a distance of 6,693.64 feet.

Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances:

Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances:

Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances:

Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances: