DEAUTHORIZATION OF INACTIVE PROJECTS.

SEC. 6001. DEAUTHORIZATION OF INACTIVE PROJECTS.(a) Purposes.—The purposes of this section are—(1) to identify $18,000,000,000 in water resources development 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 to deauthorize water resources development projects that are no longer viable for construction; and(3) to allow the continued authorization of water resources development projects that are viable for construction.(b) Comprehensive Status Reports.—Section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended by adding at the end the following:“(3) Minimum funding list.—At the end of each fiscal year, 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, and make available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable, a list of—“(A) projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the 6 preceding fiscal years;“(B) the amount of funding obligated for each such project or separable element per fiscal year;“(C) the current phase of each such project or separable element of a project; and“(D) the amount required to complete the current phase of each such project or separable element.“(4) Comprehensive backlog report.—128 STAT. 1346“(A) In general.—The Secretary shall compile and publish a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed.“(B) Required information.—The Secretary shall include on the list developed under subparagraph (A) for each project and separable element on that list—“(i) the date of authorization of the project or separable element, including any subsequent modifications to the original authorization;“(ii) the original budget authority for the project or separable element;“(iii) a brief description of the project or separable element;“(iv) the estimated date of completion of the project or separable element;“(v) the estimated cost of completion of the project or separable element; and“(vi) any amounts appropriated for the project or separable element that remain unobligated.“(C) Publication.—“(i) In general.—Not later than 1 year after the date of enactment of this paragraph, the Secretary shall submit a copy of the list developed under subparagraph (A) to—“(I) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and“(II) the Director of the Office of Management and Budget.“(ii) Public availability.—Beginning on the date the Secretary submits the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable.”.(c) Interim Deauthorization List.—(1) In general.—The Secretary shall develop an interim deauthorization list that identifies each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—(A) construction was not initiated before the date of enactment of this Act; or(B) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element of the project during the current fiscal year or any of the 6 preceding fiscal years.(2) Special rule for projects receiving funds for post-authorization study.—A project or separable element of a project may not be identified on the interim deauthorization list, or the final deauthorization list developed under subsection (d), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 6 preceding fiscal years.(3) Public comment and consultation.—128 STAT. 1347(A) In general.—The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1).(B) Comment period.—The public comment period shall be 90 days.(4) Submission to congress; publication.—Not later than 90 days after the date of submission of the list required by section 1001(b)(4)(A) of the Water Resources Development Act of 1986 (as added by subsection (b)), the Secretary shall—(A) submit the interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and(B) publish the interim deauthorization list in the Federal Register.(d) Final Deauthorization List.—(1) In general.—The Secretary shall develop a final deauthorization list of each water resources development project, or separable element of a project, described in subsection (c)(1) that is identified pursuant to this subsection.(2) Deauthorization amount.—(A) In general.—The Secretary shall include on the final deauthorization list projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $18,000,000,000.(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) Identification of projects.—(A) Sequencing of projects.—(i) In general.—The Secretary shall identify projects and separable elements of projects for inclusion on the final deauthorization list according to the order in which the projects and separable elements of the projects were authorized, beginning with the earliest authorized projects and separable elements of projects and ending once the last project or separable element of a project necessary to meet the aggregate amount under paragraph (2) is identified.(ii) Factors to consider.—The Secretary may identify projects and separable elements of projects in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment.(iii) Consideration of public comments.—In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (c)(3).128 STAT. 1348(B) Appendix.—The Secretary shall include as part of the final deauthorization list an appendix that—(i) identifies each project or separable element of a project on the interim deauthorization list developed under subsection (c) that is not included on the final deauthorization list; and(ii) describes the reasons why the project or separable element is not included.(4) Submission to congress; publication.—Not later than 120 days after the date on which the public comment period under subsection (c)(3) expires, the Secretary shall—(A) submit the final deauthorization list and the appendix to the final deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and(B) publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register.(e) Deauthorization; Congressional Review.—(1) In general.—After the expiration of the 180-day period beginning on the date of submission of the final deauthorization report under subsection (d), a project or separable element of a project identified in the report is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization report prior to the end of such period.(2) Non-federal contributions.—(A) In general.—A project or separable element of a project identified in the final deauthorization report under subsection (d) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project.(B) Treatment of projects.—Notwithstanding subparagraph (A), each project and separable element of a project identified in the final deauthorization report shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection (d)(2).(f) General Provisions.—(1) Definitions.—In this section:(A) Post-authorization study.—The term “post-authorization study” means—(i) a feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282);(ii) a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or(iii) a review conducted under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), including an initial appraisal that—(I) demonstrates a Federal interest; and(II) requires additional analysis for the project or separable element.128 STAT. 1349(B) Water resources development project.—The term “water resources development project” includes an environmental infrastructure assistance project or program of the Corps of Engineers.(2) 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.