Thomas R. Carper Water Resources Development Act of 2024

Became Public Law No: 118-272.

Jan 4, 2025

Thomas R. Carper Water Resources Development Act of 2024 DIVISION A—WATER RESOURCES DEVELOPMENT Water Resources Development Act of 2024 TITLE I—GENERAL PROVISIONS Subtitle A—General Matters (Sec. 1101) This section directs the U.S. Army Corps of Engineers (Corps) to ensure that potential nonfederal interests are aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating any feasibility studies. A nonfederal interest is an entity such as a state or Indian tribe, or a nonprofit entity with the consent of the affected local government, that has full authority and capability to perform the terms of its agreement and to pay damages in the event of failure to perform. The Corps must also designate a community project advisor at each of its district and division offices to respond to inquiries from potential nonfederal interests related to Corps water resources development authorities. To the maximum extent practicable, the Corps must make information on its projects and studies within each of its districts publicly available on a website. (Sec. 1102) The Corps must develop a plan to implement this act and prior water resources development law. Additionally, the Corps must establish a team of current federal employees to implement this act and such laws. (Sec. 1103) This section raises the cost cap on certain feasibility reports for water resources projects from $3 million to $5 million. (Sec. 1104) The Corps must provide a real estate plan to the nonfederal interest for an authorized water resources development project. For each project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Corps must identify and use the minimum interest in real property necessary to carry out the applicable activity. The nonfederal interest for a project must provide the identified minimum interest in real property for the project. (Sec. 1105) This section requires the Corps to develop guidance to standardize Corps districts' review of applications by nonfederal entities for permission to modify certain harbor or river structures created by the Corps, such as sea walls or piers. (Sec. 1106) This section directs the Corps, no later than 30 days after the end of each fiscal year, to ensure that its website for finding permits accurately reflects the current status of permits. (Sec. 1107) This section modifies and expands the Corps continuing authority program (CAP), which is a group of nine authorities under which the Corps may plan, design, and implement certain types of water resources projects without additional project- specific congressional authorization. This section raises caps on the amount of funding the Corps may contribute for certain CAP projects. The section also directs the Corps to implement a ten-year pilot program for carrying out up to 25 CAP projects through a delivery method that is not the traditional design-bid-build method, such as public-private partnerships. (Sec. 1108) The Corps must establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with nonfederal interests. (Sec. 1109) This section expands requirements for the Corps to provide guidance to nonfederal interests undertaking feasibility studies of proposed water development projects, including to direct to the Corps to provide nonfederal interests guidance on obtaining support from the Corps on completing parts of studies that must be done by federal agencies. (Sec. 1110) This section prohibits the Corps from providing credit or reimbursement to a nonfederal interest for (1) certain design and construction activities required by the nonfederal interest but not the Corps, or (2) delays incurred by the nonfederal interest resulting in project cost increases. (Sec. 1111) This section directs the