H.R. 9497

Water Resources Development Act of 2026

Sponsor: Sam Graves

3 cosponsors
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Official summary

Written by the Congressional Research Service.

Water Resources Development Act of 2026

This bill authorizes and modifies certain water resource infrastructure projects and programs of the U.S. Army Corps of Engineers and makes related requirements. For example, the bill authorizes and modifies various water resources feasibility studies and projects of the Corps of Engineers, such as studies or projects to

  • maintain ports and harbors,
  • make certain waterways more navigable,
  • reduce flood and storm damage,
  • restore aquatic ecosystems and protect fish and wildlife,
  • protect shorelines,
  • address harmful algal blooms,
  • rehabilitate dams,
  • manage recreational sites and facilities,
  • support water supply and storage projects, and
  • support other water resources infrastructure.

The bill also directs the Corps of Engineers to establish an Office on Alternative Delivery Methods in order to accelerate project delivery of infrastructure. 

In addition, the bill directs the Corps of Engineers to issue a rule that establishes categorical permissions for certain harbor or river improvements that will cause only minimal adverse environmental effects.

Text of the bill

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I General Provisions

Sec. 103. Removal or remediation of contaminated sediment Changed · Sep 16

Where this section came from

  1. Jun 29, 2026 · Introduced in House Referred to House Committee on Transportation and Infrastructure, Jun 29
  2. Sep 16, 2026 · Engrossed in House On Motion to Suspend the Rules and Pass, as Amended — Passed, 415–9 · Roll Call 313
What changed in the text

… 17 unchanged passages …

(e) Savings provisions. (1) Cost recovery. Nothing in this section affects the responsibility ability of the Federal Government to seek recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) from responsible parties of response costs incurred by the Secretary in carrying out a covered activity. (2) Liability. Nothing in this section affects— (A) the liability of any person under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) with respect to any activity that is not a covered activity; or (B) the liability of any person under such section for costs or damages as the result of negligence on the part of such person in carrying out any activity under section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(a)). (3) Federal facility agreements. Nothing in this section affects the application of the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) to the Secretary when conducting response actions at a site that is subject to an interagency agreement under subsection (e) of such section 120.

… 9 unchanged passages …

(a) In general. The Secretary shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the release of a hazardous substance or pollutant or contaminant resulting from any covered activity carried out in accordance with a joint plan developed under this section by the Secretary, in coordination with the non-Federal interest for the covered activity, and approved by the Administrator.

(b) Joint plan. A joint plan developed under subsection (a) shall—

(1) ensure that the covered activity protects human health and the environment; and

(2) include—

(A) relevant and appropriate requirements of the National Contingency Plan;

(B) a description of the work to be undertaken;

(C) identification of—

(i) the method to be used for dredged material disposal;

(ii) the roles and responsibilities of the Secretary and non-Federal interest; and

(iii) sources of funding; and

(D) such other terms and conditions as the Administrator determines necessary.

(c) Consultation; public comment. In developing a joint plan under subsection (a), the Secretary shall—

(1) consult with interested Federal, State, and local government officials; and

(2) provide an opportunity for public comment.

(d) Obligations of the Secretary. Prior to carrying out any covered activity pursuant to a joint plan developed under subsection (a), the Secretary shall—

(1) document any hazardous substance or pollutant or contaminant present in the contaminated sediment to be removed or remediated; and

(2) seek to identify any person potentially responsible for the release of such hazardous substance or pollutant or contaminant.

(e) Savings provisions

(1) Cost recovery. Nothing in this section affects the ability of the Federal Government to seek recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) from responsible parties of response costs incurred by the Secretary in carrying out a covered activity.

(2) Liability. Nothing in this section affects—

(A) the liability of any person under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) with respect to any activity that is not a covered activity; or

(B) the liability of any person under such section for costs or damages as the result of negligence on the part of such person in carrying out any activity under section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(a)).

(3) Federal facility agreements. Nothing in this section affects the application of the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) to the Secretary when conducting response actions at a site that is subject to an interagency agreement under subsection (e) of such section 120.

(f) Definitions. In this section:

(1) Administrator. The term Administrator means the Administrator of the Environmental Protection Agency.

(2) Contaminated sediment. The term contaminated sediment means sediment in which a hazardous substance or pollutant or contaminant is present.

(3) Covered activity. The term covered activity means the removal or remediation of contaminated sediment pursuant to—

(A) a water resources development project specifically authorized by Congress for such purpose; or

(B) section 312(f) of the Water Resources Development Act of 1990 (33 U.S.C. 1272(f)).

(4) Hazardous substance. The term hazardous substance has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(5) National Contingency Plan. The term National Contingency Plan means the national contingency plan published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).

(6) Pollutant or contaminant. The term pollutant or contaminant has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

II Studies and Reports

III Deauthorizations and Modifications

IV Water Resources Infrastructure

V Dam Safety