S. 4949
Water Resources Development Act of 2026
Sponsor: Shelley Moore Capito
4 cosponsors
Official summary
No official summary yet.
Text of the bill
A Water resources development
I General provisions
II Studies and Reports
III Deauthorizations and Modifications
(a) In general. The Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an encroachment resolution plan for the project for flood control, navigation, and other purposes at Lake Eufaula, Oklahoma, authorized by the first section of the Act of July 24, 1946 (60 Stat. 635, chapter 595).
(b) Requirements. Subject to subsection (c), the encroachment resolution plan under subsection (a) shall include—
(1) a description of the nature and number of encroachments;
(2) a description of the circumstances that contributed to the development of the encroachments;
(3) an assessment of the impact of the encroachments on the operation and maintenance of the project described in subsection (a) for the authorized purposes of the project;
(4) an analysis of alternatives to the removal of encroachments to mitigate any impacts identified in the assessment under paragraph (3);
(5) a description of any actions necessary or advisable to prevent further encroachments;
(6) an estimate of the cost and timeline to carry out the plan, including any actions identified under paragraph (5); and
(7) potential options for the resolution of the encroachments, including—
(A) administrative agreements;
(B) easements;
(C) licenses; and
(D) other appropriate real estate instruments.
(c) Restriction. To the maximum extent practicable, the encroachment resolution plan under subsection (a) shall minimize adverse impacts to private landowners while maintaining the functioning of the project described in that subsection for the authorized purposes of the project.
(d) Notice and public comment
(1) Notice to owners. In carrying out subsection (a), not later than 30 days after the Secretary identifies an encroachment, the Secretary shall notify the owner of the encroachment.
(2) Public comment. The Secretary shall provide an opportunity for the public to comment on the encroachment resolution plan under subsection (a) before the completion of the plan.
(e) Moratorium. The Secretary shall not take action to compel removal of an encroachment covered by the encroachment resolution plan under subsection (a) unless Congress specifically authorizes such action.
(f) Savings provision. Nothing in this section—
(1) grants any rights to the owner of an encroachment; or
(2) imposes any liability on the United States for operation and maintenance of the project described in subsection (a) for the authorized purposes of the project.
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
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