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. 105. Categorical permissions Since introduced

(a) In general. Section 14(a) of the Act of March 3, 1899 (33 U.S.C. 408(a)) is amended—

(1) by striking It shall not be lawful and inserting the following:

Text this section adds to the law

(1) In general. It shall not be lawful

; and

(2) by adding at the end the following:

Text this section adds to the law

(2) Categorical permissions

(A) In general. The Secretary shall, by rule, establish categorical permissions for any category of activities for which an application for permission under paragraph (1) may be submitted.

(B) Scope. In establishing categorical permissions under subparagraph (A), the Secretary shall consider the following:

(i) The type and similarity of activities to be included in any specific category.

(ii) The geographic area to which the categorical permission will apply.

(iii) The type and similarity of the public works with respect to which the categorical permission will apply.

(iv) The effects of the activities to be included in a category on the applicable public works and on environmental and cultural resources.

(v) Any additional Federal regulatory requirements that apply to the activities to be included in a category.

(vi) An appropriate period of validity for the categorical permission.

(C) Requirement. The Secretary may only establish a categorical permission under this subsection that the Secretary determines will apply to a category of activities that—

(i) are similar in nature to activities for which applications for permission are regularly submitted under this section;

(ii) will cause only minimal adverse environmental effects when carried out separately; and

(iii) will cause only minimal cumulative adverse environmental effects.

(D) Public input

(i) Scoping process. In establishing categorical permissions under this paragraph, the Secretary shall solicit input from non-Federal interests, including landowners, hydropower operators, and resource agencies.

(ii) Comment period. The Secretary shall make all draft categorical permissions, including any associated analyses and other documentation, available for public review and comment for not less than 30 days.

(E) Transparency. The Secretary shall publish all categorical permissions established under this paragraph on an appropriate website of the Corps of Engineers, including, for each categorical permission, identification of—

(i) the types of activities to which the categorical permission applies;

(ii) any specific circumstances that, if present, would cause the categorical permission to not apply to an activity of a type identified under clause (i);

(iii) the geographic area to which the categorical permission applies;

(iv) the types of public works with respect to which the categorical permission applies; and

(v) the period for which the categorical permission is valid.

(F) Incorporation into application process

(i) Identification in request. A non-Federal entity may identify in an application for permission under this subsection any categorical permission that may apply to the activity for which the permission is requested.

(ii) Inclusion in completeness determination. In informing a non-Federal entity whether an application for permission under this subsection is complete under subsection (d)(1), the Secretary shall include an assessment of whether a categorical permission will apply to the activity for which permission is requested, including an evaluation of the applicability of—

(I) any categorical permission identified by the non-Federal entity in the application; and

(II) any other categorical permission the Secretary determines appropriate.

(G) Limitations. Nothing in this paragraph affects—

(i) the authority of the Secretary to grant or deny permission under this section; or

(ii) any obligation to comply with the provisions of any Federal or State law, including—

(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(III) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(H) Deadline for proposed rule. Not later than 180 days after the date of enactment of the Water Resources Development Act of 2026, the Secretary shall publish a proposed rule establishing categorical permissions under this paragraph.

II Studies and Reports

III Deauthorizations and Modifications

IV Water Resources Infrastructure

V Dam Safety