S. 4949
Water Resources Development Act of 2026
Sponsor: Shelley Moore Capito
4 cosponsors
Official summary
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Text of the bill
A Water resources development
I General provisions
II Studies and Reports
III Deauthorizations and Modifications
IV Water resources infrastructure
B Drinking water and wastewater infrastructure
I Drinking water
II Clean water
III Geographic programs
IV Other matters
A Water resources development
I General provisions
II Studies and Reports
(a) Review of Corps of Engineers policies, guidance, and procedures governing non-Federal contributions
(1) In general. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the Comptroller General) shall initiate a review of the statutory and administrative requirements that govern the contributions of non-Federal interests, including in-kind contributions, to authorized water resources development studies and projects and authorized activities carried out by the Corps of Engineers on a cost-shared basis.
(2) Requirements. In carrying out the review under paragraph (1), the Comptroller General shall—
(A) assess the extent to which—
(i) the requirements described in that paragraph allow for a contribution from a non-Federal third party; and
(ii) the relevant documents of the Corps of Engineers, including regulations and guidance documents, are consistent with part 200 of title 2, Code of Federal Regulations (or successor regulations); and
(B) identify and describe—
(i) the reasons why non-Federal third party contributions are not allowed, if applicable; and
(ii) the reasons for any inconsistencies identified during the assessment carried out under subparagraph (A)(ii).
(3) Report. On completion of the review under paragraph (1), the Comptroller General 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 a report on the findings of the review and any recommendations that result from the review.
(b) Review of Corps of Engineers policies, guidance, and procedures governing induced flooding determinations
(1) In general. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the policies, guidance, and procedures of the Corps of Engineers related to induced flooding determinations associated with—
(A) the alternatives considered by the Corps of Engineers; and
(B) an authorized water resources development project.
(2) Requirements. In carrying out paragraph (1), the Comptroller General shall assess—
(A) whether the policies, guidance, and procedures of the Corps of Engineers governing induced flooding exceeds requirements required in accordance with applicable case law;
(B) the impact of induced flooding determinations on the cost and feasibility of alternatives and projects;
(C) the accuracy of methodologies used by the Corps of Engineers to predict induced flooding; and
(D) the extent to which compliance with internal policy results in the additional acquisition of real property or other mitigation measures.
(3) Report. On completion of the review under paragraph (1), the Comptroller General 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 a report on the findings of the review and any recommendations that result from the review.
(c) Review of design services
(1) In general. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a review of the engineering and design activities carried out by the Corps of Engineers for water resources development projects.
(2) Inclusions. In conducting the review under paragraph (1), the Comptroller General shall include an assessment of—
(A) the extent to which the Corps of Engineers enters into a procurement contract with the private sector to carry out the design and engineering work, including any differences across—
(i) the mission areas of the Corps of Engineers; and
(ii) the districts of the Corps of Engineers;
(B) any challenges associated with the procurement of design and engineering services from the private sector, including—
(i) the requirements of the procurement process;
(ii) compliance with statutory requirements and policies of the Corps of Engineers; and
(iii) levels of expertise; and
(C) the potential benefits of the increased use of procurement for design and engineering services from the private sector, including the extent to which that increased use would—
(i) reduce delays and cost overruns of water resources development projects; or
(ii) provide cost savings over the lifecycle of a water resources development project.
(3) Incorporation of prior report. In carrying out paragraph (1), the Comptroller General may incorporate applicable information from the report of the Comptroller General under section 1244(d)(3) of the Water Resources Development Act of 2024 (138 Stat. 3096).
(4) Report. On completion of the review under paragraph (1), the Comptroller General 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 a report on the findings of the review and any recommendations that result from the review.
III Deauthorizations and Modifications
IV Water resources infrastructure
B Drinking water and wastewater infrastructure
I Drinking water
II Clean water
III Geographic programs
IV Other matters