H.Res. 892: H.R. 5303 – Water Resources Development Act of 2016

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, September 26, 2016.

FLOOR ACTION:  ADOPTED BY A RECORD VOTE OF 241-180 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 243-178 on Tuesday, September 27, 2016.

MANAGERS: Hastings/Woodall

114th Congress

2nd Session

Rule

H.RES. 892

Report No. 114-790

 

H.R. 5303 - Water Resources Development Act of 2016

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.
  3. Waives all points of order against consideration of the bill.
  4. Makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-65 and provides that it shall be considered as read.
  5. Waives all points of order against that amendment in the nature of a substitute. ·
  6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
  7. Waives all points of order against the amendments printed in the report.
  8. Provides that no further consideration of the bill shall be in order except pursuant to a subsequent order of the House.
  9. Provides that it shall be in order at any time on the legislative day of September 29, 2016, or September 30, 2016, for the Speaker to entertain motions that the House suspend the rules and that the Speaker or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section.
  10. Waives clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against any resolution reported through the legislative day of September 30, 2016, relating to a measure making or continuing appropriations for the fiscal year ending September 30, 2017.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5303) to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-65. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the= time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment pursuant to this resolution, the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

Sec. 2. It shall be in orde1· at any time on the legislative day of September 29, 2016, or September 30, 2016, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section.

Sec. 3. The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of September 30, 2016, relating to a measure making or continuing appropriations for the fiscal year ending September 30, 2017.

 

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Shuster (PA)

100

(LATE) Makes technical and clarifying revisions to H.R. 5303. Includes additional Chief's Reports and Post Authorization Change Reports submitted by the Army Corps of Engineers since May 25, 2016.

(10 minutes)

2. Lawrence (MI)

5

Includes gross negligence as an additional reason for obtaining funding following an emergency at a water resources development project.

(10 minutes)

3. Babin (TX)

73

(LATE) Defines parameters and sets guidelines for the scope of "work" under Section 408 review processes.

(10 minutes)

4. Babin (TX)

90

(LATE)  Allows for channels which have been "assumed for maintenance" to be considered the same as "authorized” projects.

(10 minutes)

5. Black (TN)

2

Directs the Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers to provide guidance on the types of circumstances under which the state-of-the-art provision of the Dam Safety Assurance authority might apply to dam safety repair projects; for corps of engineers district offices to effectively communicate with sponsors to establish and implement cost sharing agreements during dam safety repair projects; and for the corps of engineers to communicate the estimated and final cost sharing amounts, executing agreements, with all cost sharing sponsors.

(10 minutes)

6. Blum (lA), Loebsack (lA), Young, David (lA)

12

Expedites the Cedar River project for flood risk management authorized in the Water Resources Development Act of 2014.

(10 minutes)

7. Bost (IL)

95

(LATE) Authorizes the Corps to consider other potential benefits that may accrue due to rehabilitation of a non-federal levee.

(10 minutes)

8. Crawford (AR)

66

Clarifies the Water Infrastructure Finance and Innovation Act (WIFIA) to make project costs incurred and in-kind contributions made before receipt of the WIFIA loan to count toward the 51 percent of the project that must be financed by non-WIFIA dollars.

(10 minutes)

9. Dold (IL)

17

Allows projects funded under section 506(c) of the Water Resources Development Act of 2000 to include compatible recreation features, not to exceed 10 percent of the ecosystem restoration costs of the project.

(10 minutes)

10. Graves, Garret (LA)

26

Allows the non-federal interest to execute a project or project component when they determine that it can be done at lower cost and/or faster time. It directs 20% of money saved back to treasury, and the rest to other corps projects.

(10 minutes)

11. Graves, Garret (LA)

46

Provides criteria for application decisions pursuant to Section 408.

(10 minutes)

12. Graves, Garret (LA)

82

(LATE) Expedites certain flood mitigation priority areas.

(10 minutes)

13. Long (MO)

97

(LATE) Lifts the Army Corps of Engineers’ moratorium on the issuance of dock permits for Table Rock Lake and delays the final rule for revising the Shoreline Management Plan. Extends the public comment period and requires a study on the permit fee structure for Table Rock Lake.

(10 minutes)

14. McKinley (WV)

75

(LATE) Requires the Army Corps of Engineers to consider the economic or recreational significance or impact of a lock at the national, State or local level.

(10 minutes)

15. Mica (FL)

70

Allows the Secretary to adjust the Benefit Cost Ratio after any portion of the authorized project is completed by the Army Corps using non-federal funds.

(10 minutes)

16. Mullin, Markwayne (OK)

88

(LATE) Transfers to the Department of the Interior land to be held in trust for the benefit of the Muscogee (Creek) Nation, after the Muscogee (Creek) Nation has paid to the Army Corps of Engineers fair market value of the land transferred.

(10 minutes)

17. Rouzer (NC)

47

Directs the Army Corps of Engineers to work with local officials to establish a no wake zone in federal navigation channels when certain criteria are met.

(10 minutes)

18. Thornberry (TX)

3

Prohibits the U.S. Army Corps of Engineers from removing privately owned cabins on privately owned land at Lake Kemp for an additional 5 years.

(10 minutes)

19. Weber (TX)

14

Requires the Army Corps of Engineers to take into account existing studies and data developed by the Gulf Coast Community Protection and Recovery District when conducting the Coastal Texas Protection and Restoration Study.

(10 minutes)

20. Young, David (lA)

34

Establishes policy for Corps levees that affect community-owned levees.

(10 minutes)

21. Esty (CT)

54

Directs the Secretary to submit a report within one year of enactment on implementation of corrosion prevention activities under section 1033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350).

(10 minutes)

22. Esty (CT), LoBiondo (NJ), Zeldin (NY)

58

Amends section 4009(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1316) to direct the Secretary to conduct a comprehensive assessment and management plan to restore aquatic ecosystems within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas.

(10 minutes)

23. Frankel (FL ), Curbelo (FL)

39

Provides local communities the option to seek foreign sand sources for shore protection projects.

(10 minutes)

24. Green, AI (TX), Green, Gene (TX), Culberson (TX)

83

(LATE) Allows the Secretary to give priority to flood control projects where (1) such project is already authorized and an executed partnership agreement exists; and (2) the project is in an area where loss of life has occurred to due a flooding event.

(10 minutes)

25. HerreraBeutler (WA)

50

Expands availability of funds for Watercraft Inspection Stations in northwest states. Clarifies that the U.S. Army Corps of Engineers can fund existing watercraft inspection stations

(10 minutes)