S 4367 United States Senate · 118th Congress

Thomas R. Carper Water Resources Development Act of 2024

# Summary of Water Resources Development Act of 2024 This document is a comprehensive legislative bill (Water Resources Development Act of 2024) that establishes numerous provisions related to water resources management across the United States. The key themes and provisions include: ## Primary Focus Areas - **Water Supply, Conservation, and Drought Resiliency**: The Act establishes a priority for water supply, conservation measures, and drought resiliency efforts at water resources development projects (Section 1161-1162). - **Tribal Partnerships**: Creates enhanced Tribal partnership programs (Sections 1140-1141) allowing Indian Tribes to directly carry out eligible projects with specific implementation guidelines. - **Infrastructure Management**: Addresses systemwide improvement frameworks for flood control works (Section 1146) and establishes requirements for remote operations at Corps dams (Section 1149). ## Key Provisions - **Federal Interest Determinations**: Streamlines the process for determining Federal interest in studies (Section 1142). - **Watershed Assessments**: Expands the list of designated watersheds for assessment (Section 1143). - **Hurricane & Storm Damage Reduction**: Provides flexibility with easements for hurricane and storm damage reduction projects (Section 1145). - **Recreation Management**: Updates the challenge cost-sharing program for recreation facilities (Section 1153) and retention of recreation fees (Section 1154). - **Data Management**: Calls for improved water data integration and sharing (Section 1155). - **Reporting Requirements**: Establishes detailed reporting and oversight mechanisms for numerous reports (Section 1150). ## Special Emphasis - **Drought Resiliency**: The Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024 (Sections 1160-1162) prioritizes drought resiliency efforts across water resources projects. - **Covered Communities**: Provides special considerations for projects serving communities in Hawaii, Alaska, Puerto Rico, Guam, and other territories (Section 1148). - **Invasive Species Control**: Includes provisions for controlling aquatic plant growths and invasive species (Section 1144). ## Implementation Requirements - The Act includes specific deadlines for guidance updates (Section 1150(c)). - Establishes authorization of appropriations for various programs (Sections 1141, 1152). - Creates reporting requirements to Congress on the status of various water resources projects and studies. This legislation represents a comprehensive approach to modernizing water resources management in the United States, with special attention to drought resiliency, tribal partnerships, infrastructure maintenance, and environmental protection.

Issues: ✓ Environment

Sub-Topics: Coastal & Flood Protection Drinking Water Water Quality

Bill status signed all 5 stages cleared

Introduction

May 2024

Committee Review

Sep 2024

Senate Passage

Dec 2024

House Passage

Dec 2024

Signed into Law

Jan 2025

Introduced May 20, 2024 Signed Jan 4, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed in Senate → Enrolled Bill · 12 edits

MAJOR

The bill was substantially restructured from a single-division water resources act into a multi-division omnibus that adds highway funding redistribution, economic development reauthorization, and public buildings reforms as Division B. Within the water resources division (Division A), new programs were added including a stormwater management program ($50M/year), a pilot for alternative project delivery on continuing authority projects ($50M/year FY2025-2032), minimum real estate interest requirements, and expanded non-Federal feasibility study authority. Numerous continuing authority program funding caps were increased, and the community revitalization program was converted from a pilot to a permanent program with $150M/year authorization.

SCOPE

Division B added entirely new subject matter: Fiscally Responsible Highway Funding Act of 2024 (TIFIA funding redistribution for FY2025-2026), Economic Development Reauthorization Act of 2024 (EDA grants, regional commissions, tribal economic development office, disaster recovery office, critical supply chain site development grants), and Public Buildings Reforms (Federal Assets Sale amendments, construction safety, accessibility standards, specific building conveyances).

Outreach and access section amended to require designation of a community project advisor at each Corps district and division office, development of guidance for those advisors, public website information on projects and studies in each district, and a briefing to Congress within 60 days of enactment.

FISCAL

New stormwater management program authorized at $50M per fiscal year for studies and projects to control, retain, and reuse stormwater associated with flood control efforts, with 35% non-Federal cost share and $10M Federal cap per project.

New pilot program for alternative project delivery on continuing authority program projects authorized at $50M per fiscal year for FY2025 through FY2032, limited to 25 projects, with a 10-year sunset. Allows non-Federal interests to build projects themselves and seek Federal reimbursement.

Community revitalization program converted from a pilot (capped at 20 projects) to a permanent program with no project cap and $150M per fiscal year authorization.

Multiple continuing authority program funding caps increased: emergency streambank protection from $25M to $50M; storm and hurricane restoration from $37.5M to $62.5M; small river and harbor from $10M to $15M; aquatic ecosystem restoration Federal cap from $62.5M to $75M; removal of obstructions from $7.5M to $15M; small flood control from $68.75M to $90M; shore damage prevention from $12.5M to $15M; regional sediment management from $10M to $15M.

REQUIREMENT

New minimum real estate interest requirement: the Secretary must identify the minimum property interest (not always fee simple title) necessary for each authorized project, and must annually report instances where fee simple was required despite a non-Federal interest requesting less.

New preapplication meeting process for Section 14 permits: upon request, the Secretary must meet with non-Federal entities to provide design standards, recommend number of design packages, and identify potential conflicts before a formal application is submitted.

The prior guidance section (former Sec. 102) requiring the Secretary to issue specific guidance within 180 days was removed from the bill.

TIMELINE

Vertical integration and acceleration of studies: the deadline for completing feasibility studies changed from 3 years after initiation to 4 years after the Secretary determines Federal interest, and a new $5M maximum total cost cap was added for such studies.

ELIGIBILITY

Expanded authority for non-Federal interests to undertake and submit their own feasibility studies to the Secretary, with requirements that the Secretary provide clear guidance, identify inherently governmental elements needing Federal support, and provide Corps contacts for coordination.

DEFINITION

References to prior water resources development laws were updated: the Water Infrastructure Improvements for the Nation Act is now cited as the Water Resources Development Act of 2016, and statutory volume/page citations were removed throughout.

Introduced in Senate → Engrossed in Senate · 10 edits · Aug 1, 2024

MAJOR

The Senate engrossed version of S 4367 makes several substantive changes to the Water Resources Development Act of 2024, including renaming it after Senator Thomas R. Carper, increasing the Federal cost share for inland waterway navigation projects from 65% to 75%, adding new study and project authorizations across multiple titles, establishing a Tribal project implementation pilot program, and expanding the Tribal partnership program with new eligible project types and a site-specific pilot. The effective date section was also removed.

SCOPE

The Act's short title was changed from 'Water Resources Development Act of 2024' to 'Thomas R. Carper Water Resources Development Act of 2024,' naming the bill after Senator Carper.

Multiple new sections were added to the table of contents: Sec. 120 (Expedited consideration), Secs. 236-243 (including Virginia Peninsula coastal storm risk management, Allegheny River PA, NY/NJ Harbor study, Matagorda Ship Channel TX, construction responsibility assessment, cooperation authority), Secs. 356-361 (including Barrow Alaska coastal erosion, Colebrook River Reservoir CT, Cape Cod Canal bridge replacement, Upper St. Anthony Falls Lock and Dam MN, hurricane project flexibilities), and Sec. 402 (Facility investment).

A new model development authority (Sec. 112(d)) allows the Secretary to partner with Federal agencies, National Laboratories, and institutions of higher education to develop hydrologic and climate-related models, including models for compound flooding from multiple simultaneous flood drivers.

The Tribal partnership program was expanded to include projects that improve emergency response capabilities and provide increased access to infrastructure for severe weather events or natural disasters as an eligible project type.

A new Tribal partnership pilot program (Sec. 116(e)) authorizes up to 5 specific projects along the Mid-Columbia River, Taneum Creek, Similk Bay in Washington, and at Big Bend, Lake Oahe, Fort Randall, or Gavins Point Reservoirs in South Dakota, with explicit savings provisions prohibiting dam removal or functional alteration studies.

A new Tribal project implementation pilot program (Sec. 117) authorizes Indian Tribes to directly carry out up to 5 eligible projects, including project partnership agreements, transfer of unobligated funds to Tribes, technical assistance provisions, risk allocation guidance, and reporting requirements at 3 and 5 years.

TIMELINE

Section 3 (Effective date) was removed entirely. The bill no longer specifies that it takes effect one day after enactment, leaving the effective date to default statutory rules.

FISCAL

The Federal cost share for inland waterway navigation projects was increased from 65% to 75% (reducing the non-Federal share from 35% to 25%), effective October 1, 2024, for new or ongoing construction.

REQUIREMENT

Mississippi State University was added as a new institution eligible to receive support for academic research on water resources development infrastructure technology, post-disaster environmental analysis, and geospatial data collection.

Outreach and access requirements were expanded to require ensuring potential non-Federal interests understand their roles, responsibilities, and financial commitments (including operations, maintenance, repair, replacement, and rehabilitation) before initiating a feasibility study, and to require consistent public availability of district-level project information across all Corps districts.

Floor votes · Senate Dec 18, 2024 · House Dec 10, 2024

How they voted

97–1

Passed · 2 other

Total votes 100

Dec 18, 2024

D Democratic47

46 Yea 1

97% Yea

I Independent4

4 Yea

100% Yea

R Republican49

47 Yea 1 Nay 1

95% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 4, 2025

Signed into law

Signed by President.

executive

Dec 18, 2024

Introduced

Senate agreed, under the order of 12/12/2024, having achieved 60 votes in the affirmative, to the House amendment to S. 4367 by Yea-Nay Vote. 97 - 1. Record Vote Number: 327.

upper

Dec 18, 2024

Upper · Passed

Resolving differences -- Senate actions: Senate agreed, under the order of 12/12/2024, having achieved 60 votes in the affirmative, to the House amendment to S. 4367 by Yea-Nay Vote. 97 - 1. Record Vote Number: 327.

upper

Dec 18, 2024

Introduced

Motion by Senator Carper to concur in the House Amendment to S. 4367 made in Senate.

upper

Dec 12, 2024

Introduced

Message on House action received in Senate and at desk: House amendment to Senate bill.

upper

Dec 10, 2024

Introduced

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 399 - 18 (Roll no. 493). (text: 12/9/2024 CR H6453-6525)

lower

Dec 10, 2024

Lower · Passed

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 399 - 18 (Roll no. 493). (text: 12/9/2024 CR H6453-6525)

lower

Dec 9, 2024

Introduced

Mr. Graves (MO) moved to suspend the rules and pass the bill, as amended.

lower

Sep 23, 2024

Upper · Passed

By Senator Carper from Committee on Environment and Public Works filed written report. Report No. 118-227.

upper

Aug 1, 2024

Upper · Passed

Passed Senate with an amendment by Unanimous Consent.

upper

Aug 1, 2024

Upper · Passed

Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

upper

May 22, 2024

Upper · Passed

Committee on Environment and Public Works. Committee consideration held.Business Meeting printed. S. Hrg. 118-719.

upper

May 22, 2024

Upper · Passed

Committee on Environment and Public Works. Reported by Senator Carper with an amendment in the nature of a substitute. Without written report.

upper

May 22, 2024

Upper · Passed

Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

upper

May 20, 2024

Committee

Read twice and referred to the Committee on Environment and Public Works.

upper

May 20, 2024

Introduced

Introduced in Senate

upper

1 primary · 3 co-sponsors