[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
December 8, 2020.
Resolved, That the bill from the Senate (S. 1811) entitled ``An Act
to make technical corrections to the America's Water Infrastructure Act
of 2018, and for other purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
Maintenance Trust Fund.
Sec. 102. Authorization of appropriations for navigation.
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
Fund.
Sec. 104. Additional measures at donor ports and energy transfer ports.
Sec. 105. Construction of water resources development projects by non-
Federal interests.
Sec. 106. Coast Guard anchorages.
Sec. 107. State contribution of funds for certain operation and
maintenance costs.
Sec. 108. Great Lakes confined disposal facilities.
Sec. 109. Inland waterway projects.
Sec. 110. Implementation of water resources principles and
requirements.
Sec. 111. Resiliency planning assistance.
Sec. 112. Project consultation.
Sec. 113. Review of resiliency assessments.
Sec. 114. Small flood control projects.
Sec. 115. Flood Protection Projects.
Sec. 116. Feasibility studies; review of natural and nature-based
features.
Sec. 117. Federal interest determination.
Sec. 118. Pilot programs on the formulation of Corps of Engineers
projects in rural communities and
economically disadvantaged communities.
Sec. 119. Permanent measures to reduce emergency flood fighting needs
for communities subject to repetitive
flooding.
Sec. 120. Emergency response to natural disasters.
Sec. 121. Cost and benefit feasibility assessment.
Sec. 122. Expediting repairs and recovery from flooding.
Sec. 123. Review of Corps of Engineers assets.
Sec. 124. Sense of Congress on multipurpose projects.
Sec. 125. Beneficial use of dredged material; dredged material
management plans.
Sec. 126. Aquatic ecosystem restoration for anadromous fish.
Sec. 127. Annual report to Congress on water resources infrastructure.
Sec. 128. Harmful algal bloom demonstration program.
Sec. 129. Missouri River interception-rearing complex construction.
Sec. 130. Materials, services, and funds for repair, restoration, or
rehabilitation of projects.
Sec. 131. Levee safety.
Sec. 132. National Dam Safety Program.
Sec. 133. Rehabilitation of Corps of Engineers constructed pump
stations.
Sec. 134. Non-Federal Project Implementation Pilot Program.
Sec. 135. Cost sharing provisions for territories and Indian Tribes.
Sec. 136. Review of contracting policies.
Sec. 137. Criteria for funding environmental infrastructure projects.
Sec. 138. Aging infrastructure.
Sec. 139. Uniformity of notification systems.
Sec. 140. Coastal storm damage reduction contracts.
Sec. 141. Dam remediation for ecosystem restoration.
Sec. 142. Levee accreditation process; levee certifications.
Sec. 143. Project partnership agreement.
Sec. 144. Acceptance of funds for harbor dredging.
Sec. 145. Replacement capacity.
Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
Sec. 147. Repair and restoration of embankments.
Sec. 148. Coastal mapping.
Sec. 149. Interim risk reduction measures.
Sec. 150. Maintenance dredging permits.
Sec. 151. High water-low water preparedness.
Sec. 152. Treatment of certain benefits and costs.
Sec. 153. Lease deviations.
Sec. 154. Sense of Congress on Arctic deep draft port development.
Sec. 155. Small water storage projects.
Sec. 156. Planning Assistance to States.
Sec. 157. Forecast-informed reservoir operations.
Sec. 158. Data for water allocation, supply, and demand.
Sec. 159. Inland waterways pilot program.
Sec. 160. Definition of economically disadvantaged community.
Sec. 161. Studies of water resources development projects by non-
Federal interests.
Sec. 162. Leveraging Federal infrastructure for increased water supply.
Sec. 163. Sense of Congress on removal of unauthorized, manmade,
flammable materials on Corps property.
Sec. 164. Enhanced development program.
Sec. 165. Continuing authority programs.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completions.
Sec. 203. Expedited modifications of existing feasibility studies.
Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
Sec. 205. Selma, Alabama.
Sec. 206. Report on Corps of Engineers facilities in Appalachia.
Sec. 207. Additional studies under North Atlantic Coast Comprehensive
Study.
Sec. 208. South Atlantic coastal study.
Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
California.
Sec. 210. Lake Okeechobee regulation schedule, Florida.
Sec. 211. Great Lakes coastal resiliency study.
Sec. 212. Report on the status of restoration in the Louisiana coastal
area.
Sec. 213. Lower Mississippi River comprehensive management study.
Sec. 214. Upper Mississippi River Comprehensive Plan.
Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
Sec. 216. Lower and Upper Missouri River Comprehensive Flood
Protection.
Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
Hampshire.
Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
Sec. 219. Port Orford, Oregon.
Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
Sec. 221. Study on water supply and water conservation at water
resources development projects.
Sec. 222. Report to Congress on authorized studies and projects.
Sec. 223. Completion of reports and materials.
Sec. 224. Emergency flooding protection for lakes.
Sec. 225. Report on debris removal.
Sec. 226. Report on antecedent hydrologic conditions.
Sec. 227. Subsurface drain systems research and development.
Sec. 228. Report on corrosion prevention activities.
Sec. 229. Annual reporting on dissemination of information.
Sec. 230. Report on benefits calculation for flood control structures.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Abandoned and inactive noncoal mine restoration.
Sec. 303. Tribal partnership program.
Sec. 304. Lakes program.
Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
Sec. 306. Chesapeake Bay Environmental Restoration and Protection
Program.
Sec. 307. Upper Mississippi River System Environmental Management
Program.
Sec. 308. Upper Mississippi River protection.
Sec. 309. Theodore Ship Channel, Mobile, Alabama.
Sec. 310. McClellan-Kerr Arkansas River Navigation System.
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
Sec. 312. Lake Isabella, California.
Sec. 313. Lower San Joaquin River flood control project.
Sec. 314. Sacramento River, Glenn-Colusa, California.
Sec. 315. San Diego River and Mission Bay, San Diego County,
California.
Sec. 316. San Francisco, California, Waterfront Area.
Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
California.
Sec. 318. Rio Grande Environmental Management Program, Colorado, New
Mexico, and Texas.
Sec. 319. New London Harbor Waterfront Channel, Connecticut.
Sec. 320. Wilmington Harbor, Delaware.
Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
Sec. 322. Washington Harbor, District of Columbia.
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
Plan, Florida.
Sec. 324. Central Everglades, Florida.
Sec. 325. Miami River, Florida.
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
Johns River Basin, Florida.
Sec. 328. Extinguishment of flowage easements, Rough River Lake,
Kentucky.
Sec. 329. Calcasieu River and Pass, Louisiana.
Sec. 330. Camden Harbor, Maine.
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
Sec. 332. Baltimore, Maryland.
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
Sec. 334. Missouri river reservoir sediment management.
Sec. 335. Portsmouth, New Hampshire.
Sec. 336. Rahway flood risk management feasibility study, New Jersey.
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
Rhode Island and Connecticut.
Sec. 341. Harris County, Texas.
Sec. 342. Cap Sante Waterway, Washington.
Sec. 343. Local government reservoir permit review.
Sec. 344. Project modifications for improvement of environment.
Sec. 345. Aquatic ecosystem restoration.
Sec. 346. Surplus water contracts and water storage agreements.
Sec. 347. No wake zones in navigation channels.
Sec. 348. Limitation on contract execution in the Arkansas River Basin.
Sec. 349. Waiver of non-Federal share of damages related to certain
contract claims.
Sec. 350. Reduced pricing for certain water supply storage.
Sec. 351. Flood control and other purposes.
Sec. 352. Additional assistance for critical projects.
Sec. 353. Project modification authorizations.
Sec. 354. Completion of maintenance and repair activities.
Sec. 355. Project reauthorizations.
Sec. 356. Conveyances.
Sec. 357. Lake Eufaula advisory committee.
Sec. 358. Repeal of Missouri River Task Force, North Dakota.
Sec. 359. Repeal of Missouri River Task Force, South Dakota.
Sec. 360. Conforming amendments.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Special rules.
Sec. 403. Authorization of projects based on feasibility studies
prepared by non-Federal interests.
TITLE V--OTHER MATTERS
Sec. 501. Update on Invasive Species Policy Guidance.
Sec. 502. Aquatic invasive species research.
Sec. 503. Terrestrial noxious weed control pilot program.
Sec. 504. Invasive species risk assessment, prioritization, and
management.
Sec. 505. Invasive species mitigation and reduction.
Sec. 506. Aquatic invasive species prevention.
Sec. 507. Invasive species in alpine lakes pilot program.
Sec. 508. Murder hornet eradication pilot program.
Sec. 509. Asian carp prevention and control pilot program.
Sec. 510. Invasive species in noncontiguous States and territories
pilot program.
Sec. 511. Soil moisture and snowpack monitoring.
Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.
Sec. 513. Determination of budgetary effects.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR THE HARBOR
MAINTENANCE TRUST FUND.
(a) In General.--Section 14003 of division B of the CARES Act
(Public Law 116-136) is amended to read as follows:
``Sec. 14003. Section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended
by adding at the end the following:
```(H) Harbor maintenance activities.--If, for any
fiscal year, appropriations for the Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts of the Corps of Engineers are
enacted that are derived from the Harbor Maintenance
Trust Fund established under section 9505(a) of the
Internal Revenue Code of 1986 and that the Congress
designates in statute as being for harbor operations
and maintenance activities, then the adjustment for
that fiscal year shall be the total of such
appropriations that are derived from such Fund and
designated as being for harbor operations and
maintenance activities, but shall not exceed the sum
of--
```(i) the amount deposited into the Harbor
Maintenance Trust Fund in the fiscal year that
is two years prior to the fiscal year for which
the adjustment is being made; and
```(ii) $2,000,000,000.
```(I) Certain harbor maintenance activities.--If,
for any of fiscal years 2021 through 2030,
appropriations for the Operation and Maintenance
account of the Corps of Engineers are enacted that the
Congress designates in statute as being to carry out
subsection (c) of section 2106 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c),
then the adjustment for that fiscal year shall be the
total of such appropriations for that fiscal year
designated as being to carry out such subsection, but
shall not exceed--
```(i) $50,000,000 for fiscal year 2021;
```(ii) $50,000,000 for fiscal year 2022;
```(iii) $56,000,000 for fiscal year 2023;
```(iv) $58,000,000 for fiscal year 2024;
```(v) $60,000,000 for fiscal year 2025;
```(vi) $62,000,000 for fiscal year 2026;
```(vii) $64,000,000 for fiscal year 2027;
```(viii) $66,000,000 for fiscal year 2028;
```(ix) $68,000,000 for fiscal year 2029;
and
```(x) $70,000,000 for fiscal year
2030.'.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.
(a) Authorization.--
(1) In general.--In carrying out subsection (c) of section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238), for each fiscal year, of the funds made available under
such section (including funds appropriated from the Harbor
Maintenance Trust Fund), the Secretary is authorized to make
expenditures to pay for operation and maintenance costs of the
harbors and inland harbors referred to in subsection (a)(2) of
such section, to the extent there are identifiable operations
and maintenance needs, of--
(A) not less than 15 percent of such funds for
emerging harbor projects, including eligible breakwater
and jetty needs at such harbor projects;
(B) not less than 13 percent of such funds for
projects that are located within the Great Lakes
Navigation System;
(C) 12 percent of such funds for expanded uses
carried out at donor ports and energy transfer ports,
of which--
(i) \1/3\ shall be provided to energy
transfer ports; and
(ii) \2/3\ shall be provided to donor
ports;
(D) not less than 17 percent of such funds for
projects that are assigned to commercial strategic
seaports; and
(E) any remaining funds for operation and
maintenance costs of any harbor or inland harbor
referred to in such subsection (a)(2) based on an
equitable allocation of such funds among such harbors
and inland harbors, in accordance with subsection
(c)(1) of such section 210.
(2) Definitions.--In this subsection:
(A) Commercial strategic seaport.--The term
``commercial strategic seaport'' means a commercial
harbor supporting the coordination of efficient port
operations during peacetime and national defense
emergencies that is designated as strategic through the
National Port Readiness Network.
(B) Donor port; energy transfer port.--The terms
``donor port'' and ``energy transfer port'' have the
meanings given those terms in section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2238c).
(C) Emerging harbor project; great lakes navigation
system.--The terms ``emerging harbor project'' and
``Great Lakes Navigation System'' have the meanings
given those terms in section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238).
(3) Effective date.--This subsection shall take effect on
October 1, 2022.
(b) Additional Uses.--
(1) Operation and maintenance of harbor projects.--Section
210(c)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(c)(3)) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Allocation.--Notwithstanding''; and
(B) by adding at the end the following:
``(B) Additional uses at emerging harbors.--
``(i) Uses.--In each fiscal year, the
Secretary may use not more than $5,000,000 of
funds allocated for emerging harbor projects
under paragraph (1) to pay for the costs of up
to 10 projects for maintenance dredging of a
marina or berthing area, in an emerging harbor,
that includes an area that is located adjacent
to, or is accessible by, a Federal navigation
project, subject to clauses (ii) and (iii) of
this subparagraph.
``(ii) Eligible emerging harbors.--The
Secretary may use funds as authorized under
clause (i) at an emerging harbor that--
``(I) supports commercial
activities, including commercial
fishing operations, commercial fish
processing operations, recreational and
sport fishing, and commercial boat
yards; or
``(II) supports activities of the
Secretary of the department in which
the Coast Guard is operating.
``(iii) Cost-sharing requirements.--The
Secretary shall require a non-Federal interest
to contribute not less than 25 percent of the
costs for maintenance dredging of that portion
of a maintenance dredging project described in
clause (i) that is located outside of the
Federal navigation project, which may be
provided as an in-kind contribution, including
through the use of dredge equipment owned by
non-Federal interest to carry out such
activities.''.
(2) Assessment of harbors and inland harbors.--Section
210(e)(2)(A)(ii) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses
described in subsection (c)(3)(B) and'' after ``costs for''.
(3) Definitions.--Section 210(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
(A) by striking paragraph (6);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraph (2) and inserting the
following:
``(2) Emerging harbor.--The term `emerging harbor' means a
harbor or inland harbor referred to in subsection (a)(2) that
transits less than 1,000,000 tons of cargo annually.
``(3) Emerging harbor project.--The term `emerging harbor
project' means a project that is assigned to an emerging
harbor.''; and
(D) in paragraph (4) (as so redesignated), by
adding at the end the following:
``(C) An in-water improvement, if the improvement--
``(i) is for the seismic reinforcement of a
wharf or other berthing structure, or the
repair or replacement of a deteriorating wharf
or other berthing structure, at a port
facility;
``(ii) benefits commercial navigation at
the harbor; and
``(iii) is located in, or adjacent to, a
berth that is accessible to a Federal
navigation project.
``(D) An activity to maintain slope stability at a
berth in a harbor that is accessible to a Federal
navigation project if such activity benefits commercial
navigation at the harbor.''.
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE TRUST
FUND.
Section 330 of the Water Resources Development Act of 1992 (26
U.S.C. 9505 note; 106 Stat. 4851) is amended--
(1) in subsection (a)--
(A) by striking ``and annually thereafter,'' and
inserting ``and annually thereafter concurrent with the
submission of the President's annual budget request to
Congress,''; and
(B) by striking ``Public Works and Transportation''
and inserting ``Transportation and Infrastructure'';
and
(2) in subsection (b)(1) by adding at the end the
following:
``(D) A description of the expected expenditures
from the trust fund to meet the needs of navigation for
the fiscal year of the budget request.''.
SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.
(a) Interim Authorization.--Section 2106(f) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) is amended--
(1) in paragraph (1), by striking ``2020'' and inserting
``2022''; and
(2) by striking paragraph (3).
(b) In General.--
(1) Definitions.--Section 2106(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
amended--
(A) in paragraph (3)(A)--
(i) by amending clause (ii) to read as
follows:
``(ii) at which the total amount of harbor
maintenance taxes collected (including the
estimated taxes related to domestic cargo and
cruise passengers) comprise not less than
$15,000,000 annually of the total funding of
the Harbor Maintenance Trust Fund on an average
annual basis for the previous 3 fiscal
years;'';
(ii) in clause (iii)--
(I) by inserting ``(including the
estimated taxes related to domestic
cargo and cruise passengers)'' after
``taxes collected''; and
(II) by striking ``5 fiscal years''
and inserting ``3 fiscal years''; and
(iii) in clause (iv), by striking ``in
fiscal year 2012'' and inserting ``on an
average annual basis for the previous 3 fiscal
years'';
(B) in paragraph (5)(B), by striking ``in fiscal
year 2012'' each place it appears and inserting ``on an
average annual basis for the previous 3 fiscal years'';
(C) by redesignating paragraph (8) as paragraph (9)
and inserting after paragraph (7) the following:
``(8) Harbor maintenance trust fund.--The term `Harbor
Maintenance Trust Fund' means the Harbor Maintenance Trust Fund
established by section 9505 of the Internal Revenue Code of
1986.''; and
(D) in paragraph (9), as so redesignated--
(i) by amending subparagraph (B) to read as
follows:
``(B) at which the total amount of harbor
maintenance taxes collected (including the estimated
taxes related to domestic cargo and cruise passengers)
comprise annually more than $5,000,000 but less than
$15,000,000 of the total funding of the Harbor
Maintenance Trust Fund on an average annual basis for
the previous 3 fiscal years;'';
(ii) in subparagraph (C)--
(I) by inserting ``(including the
estimated taxes related to domestic
cargo and cruise passengers)'' after
``taxes collected''; and
(II) by striking ``5 fiscal years''
and inserting ``3 fiscal years''; and
(iii) in subparagraph (D), by striking ``in
fiscal year 2012'' and inserting ``on an
average annual basis for the previous 3 fiscal
years''.
(2) Report to congress; authorization of appropriations.--
Section 2106 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2238c) is amended--
(A) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively; and
(B) in subsection (e), as so redesignated, by
amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $56,000,000 for fiscal year 2023;
``(B) $58,000,000 for fiscal year 2024;
``(C) $60,000,000 for fiscal year 2025;
``(D) $62,000,000 for fiscal year 2026;
``(E) $64,000,000 for fiscal year 2027;
``(F) $66,000,000 for fiscal year 2028;
``(G) $68,000,000 for fiscal year 2029; and
``(H) $70,000,000 for fiscal year 2030.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2022.
SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) Studies and Engineering.--Section 204(c)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by
striking ``under subsection (b)'' and inserting ``under this section''.
(b) Assumption of Maintenance of a Locally Preferred Plan.--Section
204(f) of the Water Resources Development Act of 1986 (33 U.S.C.
2232(f)) is amended to read as follows:
``(f) Operation and Maintenance.--
``(1) Assumption of maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible for
operation and maintenance in accordance with section 101(b)
if--
``(A) before construction of the improvements--
``(i) the Secretary determines that the
improvements are feasible and consistent with
the purposes of this title; and
``(ii) the Secretary and the non-Federal
interest execute a written agreement relating
to operation and maintenance of the
improvements;
``(B) the Secretary certifies that the project or
separable element of the project is constructed in
accordance with applicable permits and appropriate
engineering and design standards; and
``(C) the Secretary does not find that the project
or separable element is no longer feasible.
``(2) Federal financial participation in the costs of a
locally preferred plan.--In the case of improvements determined
by the Secretary pursuant to paragraph (1)(A)(i) to deviate
from the national economic development plan, the Secretary
shall be responsible for all operation and maintenance costs of
such improvements, as described in section 101(b), including
costs in excess of the costs of the national economic
development plan, if the Secretary determines that the
improvements satisfy the requirements of paragraph (1).''.
(c) Report.--A non-Federal interest may submit to the Secretary a
report on improvements to a federally authorized harbor or inland
harbor to be carried out by the non-Federal interest, containing any
information necessary for the Secretary determine whether the
improvements satisfy the requirements of section 204(f)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232), including--
(1) the economic justification for the improvements;
(2) details of the project improvement plan and design;
(3) proposed arrangements for the work to be performed; and
(4) documents relating to any applicable permits required
for the project improvements.
(d) Project Studies Subject to Independent Peer Review.--The
Secretary shall not be required to subject a project study for a
project with a cost of less than $200,000,000, which the Secretary
determines satisfies the requirements of section 204(f)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232), to independent peer
review under section 2034(a)(3)(A)(i) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).
SEC. 106. COAST GUARD ANCHORAGES.
The Secretary may perform dredging at Federal expense within and
adjacent to anchorages established by the Coast Guard pursuant to
existing authorities.
SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION AND
MAINTENANCE COSTS.
In carrying out eligible operations and maintenance activities
within the Great Lakes Navigation System pursuant to section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238) in a State
that has implemented any additional State limitation on the disposal of
dredged material in the open waters of such State, the Secretary may,
pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 701h),
receive from such State, and expend, such funds as may be contributed
by the State to cover the additional costs for operations and
maintenance activities for a harbor or inland harbor within such State
that result from such limitation.
SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Mitigation.--The Secretary may relocate access to the Port of
Cleveland confined disposal facility, owned or operated by a non-
Federal interest, in which material dredged by the Corps of Engineers
is placed.
(b) Cost-Share.--The cost to relocate access to the confined
disposal facility described in subsection (a) shall be shared in
accordance with the cost share applicable to operation and maintenance
of the Federal navigation project from which material placed in the
confined disposal facility is dredged.
(c) Termination.--The authority provided under this section shall
terminate on December 31, 2024.
SEC. 109. INLAND WATERWAY PROJECTS.
Notwithstanding section 102 of the Water Resources Development Act
of 1986 (33 U.S.C. 2212), for a project for navigation on the inland
waterways receiving a construction appropriation during any of fiscal
years 2021 through 2031, 35 percent of the costs of construction of the
project shall be paid from amounts appropriated from the Inland
Waterways Trust Fund until such construction of the project is
complete.
SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue final agency-specific
procedures necessary to implement the principles and requirements and
the interagency guidelines.
(b) Development of Future Water Resources Development Projects.--
The procedures required by subsection (a) shall ensure that the
Secretary, in the formulation of future water resources development
projects--
(1) develops such projects in accordance with--
(A) the guiding principles established by the
principles and requirements; and
(B) the national water resources planning policy
established by section 2031(a) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962-3(a)); and
(2) fully identifies and analyzes national economic
development benefits, regional economic development benefits,
environmental quality benefits, and other societal effects.
(c) Review and Update.--Every 5 years, the Secretary shall review
and, where appropriate, revise the procedures required by subsection
(a).
(d) Public Review, Notice, and Comment.--In issuing, reviewing, and
revising the procedures required by this section, the Secretary shall--
(1) provide notice to interested non-Federal stakeholders
of the Secretary's intent to revise the procedures;
(2) provide opportunities for interested non-Federal
stakeholders to engage with, and provide input and
recommendations to, the Secretary on the revision of the
procedures; and
(3) solicit and consider public and expert comments.
(e) Definitions.--In this section:
(1) Interagency guidelines.--The term ``interagency
guidelines'' means the interagency guidelines contained in the
document finalized by the Council on Environmental Quality
pursuant to section 2031 of the Water Resources Development Act
of 2007 (42 U.S.C. 1962-3) in December 2014, to implement the
principles and requirements.
(2) Principles and requirements.--The term ``principles and
requirements'' means the principles and requirements contained
in the document prepared by the Council on Environmental
Quality pursuant to section 2031 of the Water Resources
Development Act of 2007 (42 U.S.C. 1962-3), entitled
``Principles and Requirements for Federal Investments in Water
Resources'', and dated March 2013.
SEC. 111. RESILIENCY PLANNING ASSISTANCE.
(a) In General.--Section 206(a) of the Flood Control Act of 1960
(33 U.S.C. 709a(a)) is amended by inserting ``, to avoid repetitive
flooding impacts, to anticipate, prepare, and adapt to changing
climatic conditions and extreme weather events, and to withstand,
respond to, and recover rapidly from disruption due to the flood
hazards'' after ``in planning to ameliorate the flood hazard''.
(b) Prioritizing Flood Risk Resiliency Technical Assistance.--In
carrying out section 206 of the Flood Control Act of 1960 (33 U.S.C.
709a), the Secretary shall prioritize the provision of technical
assistance to support flood risk resiliency planning efforts of
economically disadvantaged communities or communities subject to
repetitive flooding.
SEC. 112. PROJECT CONSULTATION.
(a) Reports Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit the following
reports:
(1) The report required under section 1214 of the Water
Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the
Water Resources Development Act of 2016 (130 Stat. 1643).
(b) Environmental Justice Updates.--
(1) In general.--In the formulation of water development
resources projects, the Secretary shall comply with any
existing Executive order regarding environmental justice in
effect as of the date of enactment of this Act to address any
disproportionate and adverse human health or environmental
effects on minority communities, low-income communities, and
Indian Tribes.
(2) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review, and shall
update, where appropriate, any policies, regulations, and
guidance of the Corps of Engineers necessary to implement any
Executive order described in paragraph (1) with respect to
water resources development projects.
(3) Requirements.--In updating the policies, regulations,
or guidance under paragraph (2), the Secretary shall--
(A) provide notice to interested non-Federal
stakeholders, including representatives of minority
communities, low-income communities, and Indian Tribes;
(B) provide opportunities for interested
stakeholders to comment on potential updates of
policies, regulations, or guidance;
(C) consider the recommendations from the reports
submitted under subsection (a); and
(D) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes.
(c) Community Engagement.--In carrying out a water resources
development project, the Secretary shall, to the extent practicable--
(1) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes;
(2) provide guidance and technical assistance to such
communities or Tribes to increase understanding of the project
development and implementation activities, regulations, and
policies of the Corps of Engineers; and
(3) cooperate with State, Tribal, and local governments
with respect to activities carried out pursuant to this
subsection.
(d) Tribal Lands and Consultation.--In carrying out water resources
development projects, the Secretary shall, to the extent practicable
and in accordance with the Tribal Consultation Policy affirmed and
formalized by the Secretary on November 1, 2012 (or a successor
policy)--
(1) promote meaningful involvement with Indian Tribes
specifically on any Tribal lands near or adjacent to any water
resources development projects, for purposes of identifying
lands of ancestral, cultural, or religious importance;
(2) consult with Indian Tribes specifically on any Tribal
areas near or adjacent to any water resources development
projects, for purposes of identifying lands, waters, and other
resources critical to the livelihood of the Indian Tribes; and
(3) cooperate with Indian Tribes to avoid, or otherwise
find alternate solutions with respect to, such areas.
SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.
(a) Resiliency Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, and in conjunction with the
development of procedures under section 110 of this Act, the
Secretary is directed to review, and where appropriate, revise
the existing planning guidance documents and regulations of the
Corps of Engineers on the assessment of the effects of sea
level rise or inland flooding on future water resources
development projects to ensure that such guidance documents and
regulations are based on the best available, peer-reviewed
science and data on the current and future effects of sea level
rise or inland flooding on relevant communities.
(2) Coordination.--In carrying out this subsection, the
Secretary shall--
(A) coordinate the review with the Engineer
Research and Development Center, other Federal and
State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where
appropriate, utilize data provided to the Secretary by
such agencies.
(b) Assessment of Benefits From Addressing Sea Level Rise and
Inland Flooding Resiliency in Feasibility Reports.--
(1) In general.--Upon the request of a non-Federal
interest, in carrying out a feasibility study for a project for
flood risk mitigation, hurricane and storm damage risk
reduction, or ecosystem restoration under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282), the
Secretary shall consider whether the need for the project is
predicated upon or exacerbated by conditions related to sea
level rise or inland flooding.
(2) Addressing sea level rise and inland flooding
resiliency benefits.--To the maximum extent practicable, in
carrying out a study pursuant to paragraph (1), the Secretary
shall document the potential effects of sea level rise or
inland flooding on the project, and the expected benefits of
the project relating to sea level rise or inland flooding,
during the 50-year period after the date of completion of the
project.
SEC. 114. SMALL FLOOD CONTROL PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by inserting ``, and projects that use natural features or
nature-based features (as those terms are defined in section 1184(a) of
the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''
after ``nonstructural projects''.
SEC. 115. FLOOD PROTECTION PROJECTS.
(a) General Considerations.--Section 73(a) of the Water Resources
Development Act of 1974 (33 U.S.C. 701b-11(a)) is amended by striking
``including'' and all that follows through the period at the end and
inserting the following: ``, with a view toward formulating the most
economically, socially, and environmentally acceptable means of
reducing or preventing flood damage, including--
``(1) floodproofing of structures, including through
elevation;
``(2) floodplain regulation;
``(3) acquisition of floodplain land for recreational, fish
and wildlife, and other public purposes;
``(4) relocation; and
``(5) the use of a feature described in section 1184(a) of
the Water Infrastructure Improvements for the Nation Act (33
U.S.C. 2289a(a)).''.
(b) Conforming Amendment.--Section 103(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) is amended--
(1) in the subsection heading, by striking ``Nonstructural
Flood Control Projects'' and inserting ``Projects Using
Nonstructural, Natural, or Nature-Based Features''; and
(2) in paragraph (1)--
(A) by striking ``nonstructural flood control
measures'' and inserting ``a flood risk management or
hurricane and storm damage risk reduction measure using
a nonstructural feature, or a natural feature or
nature-based feature (as those terms are defined in
section 1184(a) of the Water Resources Development Act
of 2016 (33 U.S.C. 2289a(a))),''; and
(B) by striking ``cash during construction of the
project'' and inserting ``cash during construction for
a nonstructural feature if the costs of land,
easements, rights-of-way, dredged material disposal
areas, and relocations for such feature are estimated
to exceed 35 percent''.
SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-BASED
FEATURES.
(a) Technical Correction.--Section 1149(c) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282 note; 132 Stat. 3787) is
amended by striking ``natural infrastructure alternatives'' and
inserting ``natural feature or nature-based feature alternatives (as
such terms are defined in section 1184 of the Water Resources
Development Act of 2016 (32 U.S.C. 2289a))''.
(b) Summary of Analysis.--To the maximum extent practicable, the
Secretary shall include in each feasibility report developed under
section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282) for a project that contains a flood risk management or hurricane
and storm damage risk reduction element, a summary of the natural
feature or nature-based feature alternatives, along with their long-
term costs and benefits, that were evaluated in the development of the
feasibility report, and, if such alternatives were not included in the
recommended plan, an explanation of why such alternatives were not
included in the recommended plan.
SEC. 117. FEDERAL INTEREST DETERMINATION.
Section 905 of the Water Resources Development Act of 1986 (33
U.S.C. 2282) is amended by inserting after subsection (a) the
following:
``(b) Federal Interest Determination.--
``(1) In general.--
``(A) Economically disadvantaged communities.--In
preparing a feasibility report under subsection (a) for
a study that will benefit an economically disadvantaged
community, upon request by the non-Federal interest for
the study, the Secretary shall first determine the
Federal interest in carrying out the study and the
projects that may be proposed in the study.
``(B) Other communities.--
``(i) Authorization.--In preparing a
feasibility report under subsection (a) for a
study that will benefit a covered community,
upon request by the non-Federal interest for
the study, the Secretary may, with respect to
not more than 3 studies in each fiscal year,
first determine the Federal interest in
carrying out the study and the projects that
may be proposed in the study.
``(ii) Covered communities.--In this
subparagraph, the term `covered community'
means a community that--
``(I) is not an economically
disadvantaged community; and
``(II) the Secretary finds has a
compelling need for the Secretary to
make a determination under clause (i).
``(2) Cost share.--The costs of a determination under
paragraph (1)--
``(A) shall be at Federal expense; and
``(B) shall not exceed $200,000.
``(3) Deadline.--A determination under paragraph (1) shall
be completed by not later than 120 days after the date on which
funds are made available to the Secretary to carry out the
determination.
``(4) Treatment.--
``(A) Timing.--The period during which a
determination is being completed under paragraph (1)
for a study shall not be included for purposes of the
deadline to complete a final feasibility report under
section 1001(a)(1) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c(a)(1)).
``(B) Cost.--The cost of a determination under
paragraph (1) shall not be included for purposes of the
maximum Federal cost under section 1001(a)(2) of the
Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(a)(2)).
``(5) Report to non-federal interest.--If, based on a
determination under paragraph (1), the Secretary determines
that a study or project is not in the Federal interest because
the project will not result, or is unlikely to result, in a
recommended plan that will produce national economic
development benefits greater than cost, but may result in a
technically sound and environmentally acceptable plan that is
otherwise consistent with section 904 of the Water Resources
Development Act of 1986 (33 U.S.C. 2281), the Secretary shall
issue a report to the non-Federal interest with recommendations
on how the non-Federal interest might modify the proposal such
that the project could be in the Federal interest and
feasible.''.
SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF ENGINEERS
PROJECTS IN RURAL COMMUNITIES AND ECONOMICALLY
DISADVANTAGED COMMUNITIES.
(a) In General.--The Secretary shall establish and implement pilot
programs, in accordance with this section, to evaluate opportunities to
address the flood risk management and hurricane and storm damage risk
reduction needs of rural communities and economically disadvantaged
communities.
(b) Economically Disadvantaged Community Flood Protection and
Hurricane and Storm Damage Reduction Study Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and
implement a pilot program to carry out feasibility studies, in
accordance with this subsection, for flood risk management and
hurricane and storm damage risk reduction projects for
economically disadvantaged communities, in coordination with
non-Federal interests.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposals for the
potential feasibility study of a flood risk management
project or hurricane and storm damage risk reduction
project for an economically disadvantaged community;
(B) upon request of a non-Federal interest for such
a project, provide technical assistance to such non-
Federal interest in the formulation of a proposal for a
potential feasibility study to be submitted to the
Secretary under the pilot program; and
(C) review such proposals and select 10 feasibility
studies for such projects to be carried out by the
Secretary, in coordination with the non-Federal
interest, under this pilot program.
(3) Selection criteria.--In selecting a feasibility study
under paragraph (2)(C), the Secretary shall consider whether--
(A) the percentage of people living in poverty in
the county or counties (or county-equivalent entity or
entities) in which the project is located is greater
than the percentage of people living in poverty in the
State, based on census bureau data;
(B) the percentage of families with income above
the poverty threshold but below the average household
income in the county or counties (or county-equivalent
entity or entities) in which the project is located is
greater than such percentage for the State, based on
census bureau data;
(C) the percentage of the population that
identifies as belonging to a minority or indigenous
group in the county or counties (or county-equivalent
entity or entities) in which the project is located is
greater than the average such percentage in the State,
based on census bureau data; and
(D) the project is addressing flooding or hurricane
or storm damage effects that have a disproportionate
impact on a rural community, a minority community, or
an Indian Tribe.
(4) Administration.--Notwithstanding the requirements of
section 105(a)(1)(A) of the Water Resources Development Act of
1986 (33 U.S.C. 2215), the Federal share of the cost of a
feasibility study carried out under the pilot program shall be
100 percent.
(5) Study requirements.--Feasibility studies carried out
under this subsection shall, to the maximum extent practicable,
incorporate natural features or nature-based features (as such
terms are defined in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a)), or a combination of
such features and nonstructural features, that avoid or reduce
at least 50 percent of flood or storm damages in one or more of
the alternatives included in the final alternatives evaluated.
(6) Notification.--The Secretary shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the selection of each feasibility study
under the pilot program.
(7) Completion.--Upon completion of a feasibility report
for a feasibility study selected to be carried out under this
subsection, the Secretary shall transmit the report to Congress
for authorization, and shall include the report in the next
annual report submitted under section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
(c) Pilot Program for the Recommendation of Flood Protection and
Hurricane and Storm Damage Reduction Projects in Rural Communities and
Economically Disadvantaged Communities.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and
implement a pilot program to evaluate, and make recommendations
to Congress on, flood risk management projects and hurricane
and storm damage risk reduction projects in rural communities
or economically disadvantaged communities, without
demonstrating that each project is justified solely by national
economic development benefits.
(2) Considerations.--In carrying out this subsection, the
Secretary may make a recommendation to Congress on up to 10
projects, without demonstrating that the project is justified
solely by national economic development benefits, if the
Secretary determines that--
(A) the community to be served by the project is an
economically disadvantaged community or a rural
community;
(B) the long-term life safety, economic viability,
and environmental sustainability of the community would
be threatened without the project; and
(C) the project is consistent with the requirements
of section 1 of the Flood Control Act of 1936 (33
U.S.C. 701a).
(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that project recommendations are
consistent with the principles and requirements and the
interagency guidelines, as such terms are defined in section
110 of this Act, including the consideration of quantifiable
monetary and nonmonetary benefits of the project.
(4) Prioritization.--The Secretary may give equivalent
budgetary consideration and priority to projects recommended
under this subsection.
(d) Geographic Diversity.--In selecting feasibility studies under
subsection (b)(2)(C) or in making project recommendations under
subsection (c), the Secretary shall consider the geographic diversity
among proposed projects.
(e) Report.--Not later than 5 years and 10 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available, a report detailing the results of the pilot
programs carried out under this section, including--
(1) a description of proposals received from non-Federal
interests pursuant to subsection (b)(2)(A);
(2) a description of technical assistance provided to non-
Federal interests under subsection (b)(2)(B);
(3) a description of proposals selected under subsection
(b)(2)(C) and criteria used to select such proposals;
(4) a description of the projects evaluated or recommended
by the Secretary under subsection (c);
(5) a description of the quantifiable monetary and
nonmonetary benefits associated with the projects recommended
under subsection (c); and
(6) any recommendations to Congress on how the Secretary
can address the flood risk management and hurricane and storm
damage risk reduction needs of economically disadvantaged
communities.
(f) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, and each of the
commonwealths, territories, and possessions of the United States.
(g) Sunset.--The authority to commence a feasibility study under
subsection (b), and the authority make a recommendation under
subsection (c), shall terminate on the date that is 10 years after the
date of enactment of this Act.
SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD FIGHTING NEEDS
FOR COMMUNITIES SUBJECT TO REPETITIVE FLOODING.
(a) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a legally constituted public body (as that term is used
in section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(b))--
(A) with jurisdiction over an area that has been
subject to flooding in two or more events in any 10-
year period; and
(B) that has received emergency flood-fighting
assistance, including construction of temporary
barriers by the Secretary, under section 5 of the Act
of August 18, 1941 (33 U.S.C. 701n) with respect to
such flood events.
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(b) Program.--
(1) In general.--The Secretary is authorized to carry out a
program to study, design, and construct water resources
development projects through measures involving, among other
things, strengthening, raising, extending, realigning, or
otherwise modifying existing flood control works, designing new
works, and incorporating natural features, nature-based
features, or nonstructural features, as appropriate to provide
flood and coastal storm risk management to affected
communities.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall, to the maximum extent practical, review and,
where appropriate, incorporate natural features or nature-based
features, or a combination of such features and nonstructural
features, that avoid or reduce at least 50 percent of flood or
storm damages in one or more of the alternatives included in
the final alternatives evaluated.
(3) Construction.--
(A) In general.--The Secretary may carry out a
project described in paragraph (1) without further
congressional authorization if--
(i) the Secretary determines that the
project--
(I) is advisable to reduce the risk
of flooding for an affected community;
and
(II) produces benefits that are in
excess of the estimated costs; and
(ii) the Federal share of the cost of the
construction does not exceed $17,500,000.
(B) Specific authorization.--If the Federal share
of the cost of a project described in paragraph (1)
exceeds $17,500,000, the Secretary shall submit the
project recommendation to Congress for authorization
prior to construction, and shall include the project
recommendation in the next annual report submitted
under section 7001 of the Water Resources Reform and
Development Act of 2014.
(C) Financing.--
(i) Contributions.--If, based on a study
carried out pursuant to paragraph (1), the
Secretary determines that a project described
in paragraph (1) will not produce benefits
greater than cost, the Secretary shall allow
the affected community to pay, or provide
contributions equal to, an amount sufficient to
make the remaining costs of design and
construction of the project equal to the
estimated value of the benefits of the project.
(ii) Effect on non-federal share.--Amounts
provided by an affected community under clause
(i) shall be in addition to any payments or
contributions the affected community is
required to provide toward the remaining costs
of design and construction of the project under
section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213).
(4) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a
project entered into pursuant to this section shall be
subject to the ability of the affected community to
pay.
(B) Determination.--The ability of any affected
community to pay shall be determined by the Secretary
in accordance with procedures established by the
Secretary.
(C) Effect of reduction.--Any reduction in the non-
Federal share of the cost of a project described in
paragraph (1) as a result of a determination under this
paragraph shall not be included in the Federal share
for purposes of subparagraphs (A) and (B) of paragraph
(3).
SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)--
(i) in clause (i)(I), by inserting ``, or
provide contributions equal to,'' after
``pay''; and
(ii) in clause (ii)--
(I) in the heading, by inserting
``and contributions'' after ``of
payments'';
(II) by inserting ``or
contributions'' after ``Non-Federal
payments''; and
(III) by inserting ``or
contributions'' after ``non-Federal
payments''; and
(B) by adding at the end the following:
``(5) Feasibility study.--
``(A) Determination.--Not later than 180 days after
receiving, from a non-Federal sponsor of a project to
repair or rehabilitate a flood control work described
in paragraph (1), a request to initiate a feasibility
study to further modify the relevant flood control work
to provide for an increased level of protection, the
Secretary shall provide to the non-Federal sponsor a
written decision on whether the Secretary has the
authority under section 216 of the Flood Control Act of
1970 (33 U.S.C. 549a) to undertake the requested
feasibility study.
``(B) Recommendation.--If the Secretary determines
under subparagraph (B) that the Secretary does not have
the authority to undertake the requested feasibility
study, the Secretary shall include the request for a
feasibility study in the annual report submitted under
section 7001 of the Water Resources Reform and
Development Act of 2014.''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Levee
Owners Manual'' and inserting ``Eligibility'';
(B) in paragraph (1), in the heading, by striking
``In general'' and inserting ``Levee owner's manual'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and inserting
after paragraph (1) the following:
``(2) Compliance.--
``(A) In general.--Notwithstanding the status of
compliance of a non-Federal interest with the
requirements of a levee owner's manual described in
paragraph (1), or with any other eligibility
requirement established by the Secretary related to the
maintenance and upkeep responsibilities of the non-
Federal interest, the Secretary shall consider the non-
Federal interest to be eligible for repair and
rehabilitation assistance under this section if the
non-Federal interest--
``(i) enters into a written agreement with
the Secretary that identifies any items of
deferred or inadequate maintenance and upkeep
identified by the Secretary prior to the
natural disaster; and
``(ii) pays, during performance of the
repair and rehabilitation work, all costs to
address--
``(I) any items of deferred or
inadequate maintenance and upkeep
identified by the Secretary; and
``(II) any repair or rehabilitation
work necessary to address damage the
Secretary attributes to such deferred
or inadequate maintenance or upkeep.
``(B) Eligibility.--The Secretary may only enter
into one agreement under subparagraph (A) with any non-
Federal interest.
``(C) Sunset.--The authority of the Secretary to
enter into agreements under paragraph (2) shall
terminate on the date that is 5 years after the date of
enactment of this paragraph.''; and
(D) in paragraph (3) (as so redesignated), by
striking ``this subsection'' and inserting ``paragraph
(1)''.
SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.
Section 1161(b) of the Water Resources Development Act of 2018 (33
U.S.C. 701n note) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking the ``three fiscal years
preceding'' and inserting ``five fiscal years
preceding''; and
(B) by striking ``last day of the third fiscal
year'' and inserting ``last day of the fifth fiscal
year'';
(2) in paragraph (1), by inserting ``, or provide
contributions equal to,'' before ``an amount sufficient''; and
(3) by striking paragraph (2) and inserting the following:
``(2) the Secretary determines that the damage to the
structure was not as a result of negligent operation or
maintenance.''.
SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.
(a) In General.--To the maximum extent practicable, during the 5-
year period beginning on the date of enactment of this Act, the
Secretary shall prioritize and expedite the processing of applications
for permits under section 10 of the Act of March 3, 1899 (33 U.S.C.
403), and section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344), and permissions under section 14 of the Act of March 3,
1899 (33 U.S.C. 408), to complete repairs, reconstruction (including
improvements), and upgrades to flood control infrastructure damaged by
flooding events during calendar years 2017 through 2020, including
flooding events caused by ice jams.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.
Section 6002 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1349) is amended to read as follows:
``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
``(a) Assessment.--The Secretary shall conduct an assessment of
projects constructed by the Secretary for which the Secretary continues
to have financial or operational responsibility.
``(b) Inventory.--Not later than 18 months after the date of
enactment of the Water Resources Development Act of 2020, the Secretary
shall, based on the assessment carried out under subsection (a),
develop an inventory of projects or portions of projects--
``(1) that are not needed for the missions of the Corps of
Engineers;
``(2) the modification of which, including though the use
of structural features, nonstructural features, or natural
features or nature-based features (as those terms are defined
in section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a)), could improve the sustainable
operations of the project, or reduce operation and maintenance
costs for the project; or
``(3) that are no longer having project purposes adequately
met by the Corps of Engineers, because of deferment of
maintenance or other challenges, and the divestment of which to
a non-Federal entity could better meet the local and regional
needs for operation and maintenance.
``(c) Criteria.--In conducting the assessment under subsection (a)
and developing the inventory under subsection (b), the Secretary shall
use the following criteria:
``(1) The extent to which the project aligns with the
current missions of the Corps of Engineers.
``(2) The economic and environmental impacts of the project
on existing communities in the vicinity of the project.
``(3) The extent to which the divestment or modification of
the project could reduce operation and maintenance costs of the
Corps of Engineers.
``(4) The extent to which the divestment or modification of
the project is in the public interest.
``(5) The extent to which investment of additional Federal
resources in the project proposed for divestment or
modification, including investment needed to bring the project
to a good state of repair, is in the public interest.
``(6) The extent to which the authorized purpose of the
project is no longer being met.
``(d) Recommendations of Non-Federal Interests.--A non-Federal
interest for a project may recommend that the Secretary include such
project in the assessment or inventory required under this section.
``(e) Report to Congress.--
``(1) In general.--Upon completion of the inventory
required by subsection (b), 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 publicly available, a report
containing the findings of the Secretary with respect to the
assessment and inventory required under this section.
``(2) Inclusion.--The Secretary shall list in an appendix
any recommendation of a non-Federal interest made with respect
to a project under subsection (d) that the Secretary determines
not to include in the inventory developed under subsection (b),
based on the criteria in subsection (c), including information
about the request and the reasons for the Secretary's
determination.''.
SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.
It is the sense of Congress that the Secretary, in coordination
with non-Federal interests, should maximize the development,
evaluation, and recommendation of project alternatives for future water
resources development projects that produce multiple project benefits,
such as navigation, flood risk management, and ecosystem restoration
benefits, including through the use of natural or nature-based features
and the beneficial use of dredged material.
SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL
MANAGEMENT PLANS.
(a) National Policy on the Beneficial Use of Dredged Material.--
(1) In general.--It is the policy of the United States for
the Corps of Engineers to maximize the beneficial use, in an
environmentally acceptable manner, of suitable dredged material
obtained from the construction or operation and maintenance of
water resources development projects.
(2) Placement of dredged materials.--
(A) In general.--In evaluating the placement of
dredged material obtained from the construction or
operation and maintenance of water resources
development projects, the Secretary shall consider--
(i) the suitability of the dredged material
for a full range of beneficial uses; and
(ii) the economic and environmental
benefits, efficiencies, and impacts (including
the effects on living coral) of using the
dredged material for beneficial uses,
including, in the case of beneficial use
activities that involve more than one water
resources development project, the benefits,
efficiencies, and impacts that result from the
combined activities.
(B) Calculation of federal standard.--
(i) Determination.--The economic benefits
and efficiencies from the beneficial use of
dredged material considered by the Secretary
under subparagraph (A) shall be included in any
determination relating to the ``Federal
standard'' by the Secretary under section 335.7
of title 33, Code of Federal Regulations, for
the placement or disposal of such material.
(ii) Reports.--The Secretary shall submit
to Congress--
(I) a report detailing the method
and all of the factors utilized by the
Corps of Engineers to determine the
Federal standard referred to in clause
(i); and
(II) for each evaluation under
subparagraph (A), a report displaying
the calculations for economic and
environmental benefits and efficiencies
from the beneficial use of dredged
material (including, where appropriate,
the utilization of alternative dredging
equipment and dredging disposal
methods) considered by the Secretary
under such subparagraph for the
placement or disposal of such material.
(C) Selection of dredged material disposal method
for certain purposes.--Section 204(d) of the Water
Resources Development Act of 1992 (33 U.S.C. 2326(d))
is amended--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``In
developing'' and all that follows
through ``the non-Federal interest,''
and inserting ``At the request of the
non-Federal interest for a water
resources development project involving
the disposal of dredged material, the
Secretary, using funds appropriated for
construction or operation and
maintenance of the project, may
select''; and
(II) in subparagraph (B), by
striking ``flood and storm damage and
flood reduction benefits'' and
inserting ``hurricane and storm or
flood risk reduction benefits''; and
(ii) by adding at the end the following:
``(5) Selection of dredged material disposal method for
certain purposes.--Activities carried out under this
subsection--
``(A) shall be carried out using amounts
appropriated for construction or operation and
maintenance of the project involving the disposal of
the dredged material; and
``(B) shall not carried out using amounts made
available under subsection (g).''.
(b) Beneficial Use of Dredged Material.--
(1) Pilot program projects.--Section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (7)(C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) recovering lost storage capacity in reservoirs due to
sediment accumulation, if the project also has a purpose
described in any of paragraphs (1) through (7).'';
(B) in subsection (b)(1), by striking ``20'' and
inserting ``35''; and
(C) in subsection (g), by striking ``20'' and
inserting ``35''.
(2) Sense of congress.--It is the sense of Congress that
the Secretary, in selecting projects for the beneficial use of
dredged materials under section 1122 of the Water Resources
Development Act of 2016 (33 U.S.C. 2326 note), should ensure
the thorough evaluation of project submissions from rural,
small, and economically disadvantaged communities.
(3) Project selection.--In selecting projects for the
beneficial use of dredged materials under section 1122 of the
Water Resources Development Act of 2016 (33 U.S.C. 2326 note),
the Secretary shall prioritize the selection of at least one
project for the utilization of thin layer placement of dredged
fine and coarse grain sediment and at least one project for
recovering lost storage capacity in reservoirs due to sediment
accumulation authorized by subsection (a)(8) of such section,
to the extent that a non-Federal interest has submitted an
application for such project purposes that otherwise meets the
requirements of such section.
(4) Temporary easements.--Section 1148 of the Water
Resources Development Act of 2018 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) by striking ``grant'' and inserting
``approve''; and
(ii) by striking ``granting'' and inserting
``approving''; and
(B) in subsection (b), by striking ``grants'' and
inserting ``approves''.
(c) Five-Year Regional Dredged Material Management Plans.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the District
Commander of each district of the Corps of Engineers that
obtains dredged material through the construction or operation
and maintenance of a water resources development project shall,
at Federal expense, develop and submit to the Secretary a 5-
year dredged material management plan in coordination with
relevant State agencies and stakeholders.
(2) Scope.--Each plan developed under this subsection shall
include--
(A) a dredged material budget for each watershed or
littoral system within the district;
(B) an estimate of the amount of dredged material
likely to be obtained through the construction or
operation and maintenance of all water resources
development projects projected to be carried out within
the district during the 5-year period following
submission of the plan, and the estimated timing for
obtaining such dredged material;
(C) an identification of potential water resources
development projects projected to be carried out within
the district during such 5-year period that are
suitable for, or that require, the placement of dredged
material, and an estimate of the amount of dredged
material placement capacity of such projects;
(D) an evaluation of--
(i) the suitability of the dredged material
for a full range of beneficial uses; and
(ii) the economic and environmental
benefits, efficiencies, and impacts (including
the effects on living coral) of using the
dredged material for beneficial uses,
including, in the case of beneficial use
activities that involve more than one water
resources development project, the benefits,
efficiencies, and impacts that result from the
combined activities;
(E) the district-wide goals for beneficial use of
the dredged material, including any expected cost
savings from aligning and coordinating multiple
projects (including projects across Corps districts) in
the use of the dredged material; and
(F) a description of potential beneficial use
projects identified through stakeholder solicitation
and coordination.
(3) Public comment.--In developing each plan under this
subsection, each District Commander shall provide notice and an
opportunity for public comment, including a solicitation for
stakeholders to identify beneficial use projects, in order to
ensure, to the extent practicable, that beneficial use of
dredged material is not foregone in a particular fiscal year or
dredging cycle.
(4) Public availability.--Upon submission of each plan to
the Secretary under this subsection, each District Commander
shall make the plan publicly available, including on a publicly
available website.
(5) Transmission to congress.--As soon as practicable after
receiving a plan under subsection (a), the Secretary shall
transmit the plan to Congress.
(6) Regional sediment management plans.--A plan developed
under this section--
(A) shall be in addition to regional sediment
management plans prepared under section 204(a) of the
Water Resources Development Act of 1992 (33 U.S.C.
2326(a)); and
(B) shall not be subject to the limitations in
section 204(g) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(g)).
(d) Dredge Pilot Program.--
(1) Revisions.--Section 1111 of the Water Resources
Development Act of 2018 (33 U.S.C. 2326 note) is amended--
(A) in subsection (a), by striking ``for the
operation and maintenance of harbors and inland
harbors'' and all that follows through the period at
the end and inserting the following: ``for the
operation and maintenance of--
``(1) harbors and inland harbors referred to in section
210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)); or
``(2) inland and intracoastal waterways of the United
States described in section 206 of the Inland Waterways Revenue
Act of 1978 (33 U.S.C. 1804).''; and
(B) in subsection (b), by striking ``or inland
harbors'' and inserting ``, inland harbors, or inland
or intracoastal waterways''.
(2) Coordination with existing authorities.--The Secretary
may carry out the dredge pilot program authorized by section
1111 of the Water Resources Development Act of 2018 (33 U.S.C.
2326 note) in coordination with Federal regional dredge
demonstration programs in effect on the date of enactment of
this Act.
SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.
(a) Anadromous Fish Habitat and Passage.--Section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Anadromous fish habitat and passage.--
``(A) Measures.--A project under this section may
include measures to improve habitat or passage for
anadromous fish, including--
``(i) installing fish bypass structures on
small water diversions;
``(ii) modifying tide gates; and
``(iii) restoring or reconnecting
floodplains and wetlands that are important for
anadromous fish habitat or passage.
``(B) Benefits.--A project that includes measures
under this paragraph shall be formulated to maximize
benefits for the anadromous fish species benefitted by
the project.''; and
(2) by adding at the end the following:
``(g) Prioritization.--The Secretary shall give projects that
include measures described in subsection (a)(3) equal priority for
implementation as other projects under this section.''.
SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES INFRASTRUCTURE.
(a) In General.--Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii)(III), by
inserting ``, regional, or local'' after
``national''; and
(ii) by adding at the end the following:
``(D) Modifications of projects carried out
pursuant to continuing authority programs.--
``(i) In general.--With respect to a
project being carried out pursuant to a
continuing authority program for which a
proposed modification is necessary because the
project is projected to exceed, in the coming
fiscal year, the maximum Federal cost of the
project, the Secretary shall include a proposed
modification in the annual report if the
proposed modification will result in completion
of construction the project and the
justification for the modification is not the
result of a change in the scope of the project.
``(ii) Inclusion.--For each proposed
modification included in an annual report under
clause (i), the Secretary shall include in the
annual report--
``(I) a justification of why the
modification is necessary;
``(II) an estimate of the total
cost and timeline required to complete
construction of the project; and
``(III) an indication of continued
support by the non-Federal interest and
the financial ability of the non-
Federal interest to provide the
required cost-share.
``(iii) Definition.--For the purposes of
this subparagraph, the term `continuing
authority program' means any of--
``(I) section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r);
``(II) section 3 of the Act of
August 13, 1946 (33 U.S.C. 426g);
``(III) section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577);
``(IV) section 111 of the River and
Harbor Act of 1968 (33 U.S.C. 426i);
``(V) section 204 of the Water
Resources Development Act of 1992 (33
U.S.C. 2326);
``(VI) section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s);
``(VII) section 206 of the Water
Resources Development Act of 1996 (33
U.S.C. 2330);
``(VIII) section 2 of the Act of
August 28, 1937 (33 U.S.C. 701g); and
``(IX) section 1135 of the Water
Resources Development Act of 1986 (33
U.S.C. 2309a).''; and
(B) in paragraph (4)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) the Secretary shall not include
proposals in the appendix of the annual report
that otherwise meet the criteria for inclusion
in the annual report solely on the basis that
the proposals are for the purposes of
navigation, flood risk management, ecosystem
restoration, or municipal or agricultural water
supply; and''; and
(2) in subsection (g)(5), by striking ``if authorized'' and
all that follows through ``2016''.
(b) Over-Budget Cap Programs.--For any project carried out under a
continuing authority program, as such term is defined in section
7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d)), for which the Secretary is required to include a
proposed modification in an annual report under such section
7001(c)(1)(D), the Secretary shall, to the extent practicable, inform
the non-Federal interest of the process for carrying out the project
pursuant to section 105 of the Water Resources Development Act of 1986
(33 U.S.C. 2215) and whether the Secretary has the authority to
complete a feasibility study for the project.
(c) Annual Report on Status of Feasibility Studies.--Concurrent
with each report submitted under section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report that provides for an accounting of
all outstanding feasibility studies being conducted by the Secretary,
including, for each such study, its length, cost, and expected
completion date.
SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a demonstration
program to determine the causes of, and implement measures to
effectively detect, prevent, treat, and eliminate, harmful algal blooms
associated with water resources development projects.
(b) Consultation; Use of Existing Data and Program Authorities.--In
carrying out the demonstration program under subsection (a), the
Secretary shall--
(1) consult with the heads of appropriate Federal and State
agencies; and
(2) make maximum use of existing Federal and State data and
ongoing programs and activities of Federal and State agencies,
including the activities of the Secretary carried out through
the Engineer Research and Development Center pursuant to
section 1109 of the Water Resources Development Act of 2018 (33
U.S.C. 610 note).
(c) Focus Areas.--In carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities
related to harmful algal blooms in the Great Lakes, the tidal and
inland waters of the State of New Jersey, the coastal and tidal waters
of the State of Louisiana, the waterways of the counties that comprise
the Sacramento-San Joaquin Delta, California, the Allegheny Reservoir
Watershed, New York, and Lake Okeechobee, Florida.
(d) Additional Focus Areas.--In addition to the areas described in
subsection (c), in carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities
related to harmful algal blooms at any Federal reservoir located in the
Upper Missouri River Basin or the North Platte River Basin, at the
request and expense of another Federal agency.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $25,000,000 to carry out this section.
Such sums shall remain available until expended.
SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX CONSTRUCTION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on the effects of any interception-rearing complex
constructed on the Missouri River on--
(1) flood risk management and navigation; and
(2) the population recovery of the pallid sturgeon,
including baseline population counts.
(b) No Additional IRC Construction.--The Secretary may not
authorize construction of an interception-rearing complex on the
Missouri River until the Secretary--
(1) submits the report required by subsection (a);
(2) acting through the Engineer Research and Development
Center, conducts further research on interception-rearing
complex design, including any effects on existing flows, flood
risk management, and navigation; and
(3) develops a plan--
(A) to repair dikes and revetments that are
affecting flood risk and bank erosion; and
(B) to establish, repair, or improve water control
structures at the headworks of constructed shallow
water habitat side-channels.
(c) Future IRC Construction.--
(1) Public comment.--The Secretary shall provide an
opportunity for comment from the public and the Governor of
each affected State on any proposals to construct an
interception-rearing complex after the date of enactment of
this Act.
(2) Period.--The public comment period required by
paragraph (1) shall be not less than 90 days for each proposal
to construct an interception-rearing complex on the Missouri
River.
SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF PROJECTS.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means an
area--
(A) for which the Governor of a State has requested
a determination that an emergency exists; or
(B) covered by an emergency or major disaster
declaration declared under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(2) Emergency period.--The term ``emergency period''
means--
(A) with respect to a covered area described in
paragraph (1)(A), the period during which the Secretary
determines an emergency exists; and
(B) with respect to a covered area described in
paragraph (1)(B), the period during which the
applicable declaration is in effect.
(b) In General.--In any covered area, the Secretary is authorized
to accept and use materials, services, and funds, during the emergency
period, from a non-Federal interest or private entity to repair,
restore, or rehabilitate a federally authorized water resources
development project, and to provide reimbursement to such non-Federal
interest or private entity for such materials, services, and funds, in
the Secretary's sole discretion, and subject to the availability of
appropriations, if the Secretary determines that reimbursement is in
the public interest.
(c) Additional Requirement.--The Secretary may only reimburse for
the use of materials or services accepted under this section if such
materials or services meet the Secretary's specifications and comply
with all applicable laws and regulations that would apply if such
materials and services were acquired by the Secretary, including
sections 3141 through 3148 and 3701 through 3708 of title 40, United
States Code, section 8302 of title 41, United States Code, and the
National Environmental Policy Act of 1969.
(d) Agreements.--
(1) In general.--Prior to the acceptance of materials,
services, or funds under this section, the Secretary and the
non-Federal interest or private entity shall enter into an
agreement that specifies--
(A) the non-Federal interest or private entity
shall hold and save the United States free from any and
all damages that arise from use of materials or
services of the non-Federal interest or private entity,
except for damages due to the fault or negligence of
the United States or its contractors;
(B) the non-Federal interest or private entity
shall certify that the materials or services comply
with all applicable laws and regulations under
subsection (c); and
(C) any other term or condition required by the
Secretary.
(2) Exception.--If an agreement under paragraph (1) was not
entered prior to materials or services being contributed, a
non-Federal interest or private entity shall enter into an
agreement with the Secretary that--
(A) specifies the value, as determined by the
Secretary, of those materials or services contributed
and eligible for reimbursement; and
(B) ensures that the materials or services comply
with subsection (c) and paragraph (1).
SEC. 131. LEVEE SAFETY.
Section 9004 of the Water Resources Development Act of 2007 (33
U.S.C. 3303) is amended by adding at the end the following:
``(d) Identification of Deficiencies.--
``(1) In general.--For each levee included in an inventory
established under subsection (b) or for which the Secretary has
conducted a review under subsection (c), the Secretary shall--
``(A) identify the specific engineering and
maintenance deficiencies, if any; and
``(B) describe the recommended remedies to correct
each deficiency identified under subparagraph (A), and,
if requested by owner of a non-Federal levee, the
associated costs of those remedies.
``(2) Consultation.--In identifying deficiencies and
describing remedies for a levee under paragraph (1), the
Secretary shall consult with relevant non-Federal interests,
including by providing an opportunity for comment by those non-
Federal interests.''.
SEC. 132. NATIONAL DAM SAFETY PROGRAM.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking clause (iii) and inserting
the following:
``(iii) has an emergency action plan that--
``(I) is approved by the relevant
State dam safety agency; or
``(II) is in conformance with State
law and pending approval by the
relevant State dam safety agency;'';
and
(ii) by striking clause (iv) and inserting
the following:
``(iv) fails to meet minimum dam safety
standards of the State in which the dam is
located, as determined by the State; and
``(v) poses an unacceptable risk to the
public, as determined by the Administrator, in
consultation with the Board.''; and
(B) in subparagraph (B)(i), by inserting ``under a
hydropower project with an authorized installed
capacity of greater than 1.5 megawatts'' after ``dam'';
and
(2) in paragraph (10)--
(A) in the heading, by striking ``Non-federal
sponsor'' and inserting ``Eligible subrecipient''; and
(B) by striking ``The term `non-Federal sponsor'''
and inserting ``The term `eligible subrecipient'''.
(b) Rehabilitation of High Hazard Potential Dams.--
(1) Establishment of program.--Section 8A(a) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(a)) is
amended by striking ``to non-Federal sponsors'' and inserting
``to States with dam safety programs''.
(2) Eligible activities.--Section 8A(b) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the
matter preceding paragraph (1), by striking ``for a project may
be used for'' and inserting ``to a State may be used by the
State to award grants to eligible subrecipients for''.
(3) Award of grants.--Section 8A(c) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(c)) is amended--
(A) in paragraph (1)(A), by striking ``non-Federal
sponsor'' and inserting ``State''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``an
eligible high hazard potential dam to a non-
Federal sponsor'' and inserting ``eligible high
hazard potential dams to a State'';
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by
striking ``Project grant'' and
inserting ``Grant'';
(II) by striking ``project grant
agreement with the non-Federal
sponsor'' and inserting ``grant
agreement with the State''; and
(III) by striking ``project,'' and
inserting ``projects for which the
grant is awarded,'';
(iii) by amending subparagraph (C) to read
as follows:
``(C) Grant assurance.--As part of a grant
agreement under subparagraph (B), the Administrator
shall require that each eligible subrecipient to which
the State awards a grant under this section provides an
assurance, with respect to the dam to be rehabilitated
by the eligible subrecipient, that the dam owner will
carry out a plan for maintenance of the dam during the
expected life of the dam.''; and
(iv) in subparagraph (D), by striking ``A
grant provided under this section shall not
exceed'' and inserting ``A State may not award
a grant to an eligible subrecipient under this
section that exceeds, for any 1 dam,''.
(4) Requirements.--Section 8A(d) of the National Dam Safety
Program Act (33 U.S.C. 467f-2(d)) is amended--
(A) in paragraph (1), by inserting ``to an eligible
subrecipient'' after ``this section'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``Non-federal sponsor'' and inserting
``Eligible subrecipient'';
(ii) in the matter preceding subparagraph
(A), by striking ``the non-Federal sponsor
shall'' and inserting ``an eligible
subrecipient shall, with respect to the dam to
be rehabilitated by the eligible
subrecipient'';
(iii) by amending subparagraph (A) to read
as follows:
``(A) demonstrate that the community in which the
dam is located participates in, and complies with, all
applicable Federal flood insurance programs, including
demonstrating that such community is participating in
the National Flood Insurance Program, and is not on
probation, suspended, or withdrawn from such
Program;'';
(iv) in subparagraph (B), by striking
``have'' and inserting ``beginning not later
than 2 years after the date on which the
Administrator publishes criteria for hazard
mitigation plans under paragraph (3),
demonstrate that the Tribal or local government
with jurisdiction over the area in which the
dam is located has''; and
(v) in subparagraph (C), by striking ``50-
year period'' and inserting ``expected life of
the dam''; and
(C) by adding at the end the following:
``(3) Hazard mitigation plan criteria.--Not later than 1
year after the date of enactment of this paragraph, the
Administrator, in consultation with the Board, shall publish
criteria for hazard mitigation plans required under paragraph
(2)(B).''.
(5) Floodplain management plans.--Section 8A(e) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is
amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the non-Federal sponsor''
and inserting ``an eligible subrecipient''; and
(ii) in subparagraph (B), by striking ``1
year'' and inserting ``2 years'' each place it
appears; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Plan criteria and technical support.--The
Administrator, in consultation with the Board, shall provide
criteria, and may provide technical support, for the
development and implementation of floodplain management plans
prepared under this subsection.''.
(6) Contractual requirements.--Section 8A(i)(1) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is
amended by striking ``a non-Federal sponsor'' and inserting
``an eligible subrecipient''.
SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP
STATIONS.
(a) Definitions.--In this section:
(1) Eligible pump station.--The term ``eligible pump
station'' means a pump station--
(A) constructed, in whole or in part, by the Corps
of Engineers for flood risk management purposes;
(B) that the Secretary has identified as having a
major deficiency; and
(C) the failure of which the Secretary has
determined would impair the function of a flood risk
management project constructed by the Corps of
Engineers.
(2) Rehabilitation.--
(A) In general.--The term ``rehabilitation'', with
respect to an eligible pump station, means to address a
major deficiency of the eligible pump station caused by
long-term degradation of the foundation, construction
materials, or engineering systems or components of the
eligible pump station.
(B) Inclusions.--The term ``rehabilitation'', with
respect to an eligible pump station, includes--
(i) the incorporation into the eligible
pump station of--
(I) current design standards;
(II) efficiency improvements; and
(III) associated drainage; and
(ii) increasing the capacity of the
eligible pump station, subject to the condition
that the increase shall--
(I) significantly decrease the risk
of loss of life and property damage; or
(II) decrease total lifecycle
rehabilitation costs for the eligible
pump station.
(b) Authorization.--The Secretary may carry out rehabilitation of
an eligible pump station, if the Secretary determines that the
rehabilitation is feasible.
(c) Cost Sharing.--The non-Federal interest for the eligible pump
station shall--
(1) provide 35 percent of the cost of rehabilitation of an
eligible pump station carried out under this section; and
(2) provide all land, easements, rights-of-way, and
necessary relocations associated with the rehabilitation
described in subparagraph (A), at no cost to the Federal
Government.
(d) Agreement Required.--The rehabilitation of an eligible pump
station pursuant to this section shall be initiated only after a non-
Federal interest has entered into a binding agreement with the
Secretary--
(1) to pay the non-Federal share of the costs of
rehabilitation under subsection (c); and
(2) to pay 100 percent of the operation and maintenance
costs of the rehabilitated eligible pump station, in accordance
with regulations promulgated by the Secretary.
(e) Treatment.--The rehabilitation of an eligible pump station
pursuant to this section shall not be considered to be a separable
element of the associated flood risk management project constructed by
the Corps of Engineers.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000, to remain available
until expended.
SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Reauthorization; Implementation Guidance.--Section 1043(b) of
the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
note) is amended--
(1) in paragraph (7), by striking ``the date that is 5
years after the date of enactment of this Act'' and inserting
``September 30, 2026'';
(2) in paragraph (8), by striking ``2023'' and inserting
``2026''; and
(3) by adding at the end the following:
``(9) Implementation guidance.--
``(A) In general.--Not later than 120 days after
the date of enactment of this paragraph, the Secretary
shall issue guidance for the implementation of the
pilot program that, to the extent practicable,
identifies--
``(i) the metrics for measuring the success
of the pilot program;
``(ii) a process for identifying future
projects to participate in the pilot program;
``(iii) measures to address the risks of a
non-Federal interest constructing projects
under the pilot program, including which entity
bears the risk for projects that fail to meet
the Corps of Engineers standards for design or
quality;
``(iv) the laws and regulations that a non-
Federal interest must follow in carrying out a
project under the pilot program; and
``(v) which entity bears the risk in the
event that a project carried out under the
pilot program fails to be carried out in
accordance with the project authorization or
this subsection.
``(B) New project partnership agreements.--The
Secretary may not enter into a project partnership
agreement under this subsection during the period
beginning on the date of enactment of this paragraph
and ending on the date on which the Secretary issues
the guidance under subparagraph (A).''.
(b) Non-Federal Project Implementation for Comprehensive Everglades
Restoration Plan Projects.--
(1) In general.--In carrying out the pilot program
authorized under section 1043(b) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2201 note), the
Secretary is authorized to include a project authorized to be
implemented by, or in accordance with, section 601 of the Water
Resources Development Act of 2000, in accordance with such
section 1043(b).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has initiated
construction in compliance with authorities governing the
provision of in-kind contributions for such project, the
Secretary shall take into account the value of any in-kind
contributions carried out by the non-Federal interest for such
project prior to the date of execution of the project
partnership agreement under section 1043(b) of the Water
Resources Reform and Development Act of 2014 when determining
the non-Federal share of the costs to complete construction of
the project.
(3) Guidance.--Not later than 180 days after the date of
enactment of this subsection, and in accordance with the
guidance issued under section 1043(b)(9) of the Water Resources
Reform and Development Act of 2014 (as added by this section),
the Secretary shall issue any additional guidance that the
Secretary determines necessary for the implementation of this
subsection.
SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN TRIBES.
Section 1156(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(b)) is amended by striking ``for inflation'' and all that
follows through the period at the end and inserting ``on an annual
basis for inflation.''.
SEC. 136. REVIEW OF CONTRACTING POLICIES.
(a) Review of Contractual Agreements.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall complete a
review of the policies, guidelines, and regulations of the
Corps of Engineers for the development of contractual
agreements between the Secretary and non-Federal interests and
utilities associated with the construction of water resources
development projects.
(2) Report.--Not later than 90 days after completing the
review under subsection (a)(1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available, a report that
includes--
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-
Federal interest to use when writing or developing
contractual agreements with the Secretary and
utilities.
(3) Provision of guidance.--The Secretary shall provide the
best practices guidance included under paragraph (2)(A) to non-
Federal interests prior to the development of contractual
agreements with such non-Federal interests.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should maximize use of nonprice tradeoff procedures in
competitive acquisitions for carrying out emergency work in an area
with respect to which the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE PROJECTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific criteria
for the evaluation and ranking of individual environmental assistance
projects authorized by Congress (including projects authorized pursuant
to environmental assistance programs) for the Secretary to carry out.
(b) Minimum Criteria.--For the purposes of carrying out this
section, the Secretary shall evaluate, at a minimum--
(1) the nature and extent of the positive and negative
local economic impacts of the project, including--
(A) the benefits of the project to the local
economy;
(B) the extent to which the project will enhance
local development;
(C) the number of jobs that will be directly
created by the project; and
(D) the ability of the non-Federal interest to pay
the applicable non-Federal share of the cost of the
project;
(2) the demographics of the location in which the project
is to be carried out, including whether the project serves--
(A) a rural community; or
(B) an economically disadvantaged community,
including an economically disadvantaged minority
community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with
respect to the project;
(5) whether the project could be carried out under other
Federal authorities at an equivalent cost to the non-Federal
interest; and
(6) any other criteria that the Secretary considers to be
appropriate.
(c) Inclusion in Guidance.--The Secretary shall include the
criteria developed under subsection (a) in the annual Civil Works
Direct Program Development Policy Guidance of the Secretary.
(d) Report to Congress.--For fiscal year 2022, and biennially
thereafter, in conjunction with the President's annual budget
submission to Congress under section 1105(a) of title 31, United States
Code, the Secretary shall submit to the Committee on Environment and
Public Works and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that identifies
the Secretary's ranking of individual environmental assistance projects
authorized by Congress for the Secretary to carry out, in accordance
with the criteria developed under this section.
SEC. 138. AGING INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Aging infrastructure.--The term ``aging
infrastructure'' means a water resources development project of
the Corps of Engineers, or any other water resources, water
storage, or irrigation project of another Federal agency, that
is greater than 75 years old.
(2) Enhanced inspection.--The term ``enhanced inspection''
means an inspection that uses current or innovative technology,
including Light Detection and Ranging (commonly known as
``LiDAR''), ground penetrating radar, subsurface imaging, or
subsurface geophysical techniques, to detect whether the
features of the aging infrastructure are structurally sound and
can operate as intended, or are at risk of failure.
(b) Contracts for Enhanced Inspection.--
(1) In general.--The Secretary may carry out enhanced
inspections of aging infrastructure, pursuant to a contract
with the owner or operator of the aging infrastructure.
(2) Certain circumstances.--Subject to the availability of
appropriations, or funds available pursuant to subsection (d),
the Secretary shall enter into a contract described in
paragraph (1), if--
(A) the owner or operator of the aging
infrastructure requests that the Secretary carry out
the enhanced inspections; and
(B) the inspection is at the full expense of such
owner or operator.
(c) Limitation.--The Secretary shall not require a non-Federal
entity associated with a project under the jurisdiction of another
Federal agency to carry out corrective or remedial actions in response
to an enhanced inspection carried out under this section.
(d) Funding.--The Secretary is authorized to accept funds from an
owner or operator of aging infrastructure, and may use such funds to
carry out an enhanced inspection pursuant to a contract entered into
with such owner or operator under this section.
SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.
(a) Inventory.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall complete an inventory of all systems
used by the Corps of Engineers for external communication and
notification with respect to projects, initiatives, and facilities of
the Corps of Engineers.
(b) Uniform Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
the uniformity of such communication and notification systems
for projects, initiatives, and facilities of the Corps of
Engineers.
(2) Inclusions.--The plan developed under paragraph (1)
shall--
(A) provide access to information in all forms
practicable, including through email, text messages,
news programs and websites, radio, and other forms of
notification;
(B) establish a notification system for any
projects, initiatives, or facilities of the Corps of
Engineers that do not have a notification system;
(C) streamline existing communication and
notification systems to improve the strength and
uniformity of those systems; and
(D) emphasize the necessity of timeliness in
notification systems and ensure that the methods of
notification can transmit information in a timely
manner.
(3) Implementation.--
(A) In general.--Except as provided in subparagraph
(B), not later than 2 years after the date of enactment
of this Act, the Secretary shall complete the
implementation of the plan developed under paragraph
(1).
(B) Emergency management notification.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall implement the provisions of the
plan developed under paragraph (1) relating to
emergency management notifications.
(4) Savings provision.--Nothing in this section authorizes
the elimination of any existing communication or notification
system used by the Corps of Engineers.
SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.
For any project for coastal storm damage reduction, the Secretary
may seek input from a non-Federal interest for a project that may be
affected by the timing of the coastal storm damage reduction activities
under the project, in order to minimize, to the maximum extent
practicable, any negative effects resulting from the timing of those
activities.
SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.
Section 542(b)(2) of the Water Resources Development Act of 2000
(114 Stat. 2671; 121 Stat. 1150) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) measures to restore, protect, and preserve an
ecosystem affected by a dam (including by the
rehabilitation or modification of a dam)--
``(i) that has been constructed, in whole
or in part, by the Corps of Engineers for flood
control purposes;
``(ii) for which construction was completed
before 1940;
``(iii) that is classified as `high hazard
potential' by the State dam safety agency of
the State in which the dam is located; and
``(iv) that is operated by a non-Federal
entity; or''.
SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that the
process developed by the Flood Protection Structure Accreditation Task
Force established under section 100226 of the Moving Ahead for Progress
in the 21st Century Act (42 U.S.C. 4101 note) should not be limited to
levee systems in the inspection of completed works program of the Corps
of Engineers, but should apply equally to federally owned levee systems
operated by the Secretary, including federally owned levee systems
operated by the Secretary as part of a reservoir project.
(b) Levee Certifications.--Section 3014 of the Water Resources
Reform and Development Act of 2014 (42 U.S.C. 4131) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``under the inspection of
completed works program'' and inserting ``for
levee systems under the levee safety and dam
safety programs''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``activities under the
inspection of completed works program of the
Corps of Engineers'' and inserting ``the
activities referred to in paragraph (1)'';
(ii) by striking ``chapter 1'' and
inserting ``chapter I''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) in the case of a levee system that is operated and
maintained by the Corps of Engineers, to the maximum extent
practicable, cooperate with local governments seeking a levee
accreditation decision for the levee to provide information
necessary to support the accreditation decision in a timely
manner.''; and
(2) in paragraph (b)(3), by adding at the end the
following:
``(C) Contributed funds.--Notwithstanding
subparagraph (B), a non-Federal interest may fund up to
100 percent of the cost of any activity carried out
under this subsection.''.
SEC. 143. PROJECT PARTNERSHIP AGREEMENT.
Section 103(j)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(j)(1)) is amended--
(1) by striking ``Any project'' and inserting the
following:
``(A) In general.--Any project''; and
(2) by adding at the end the following:
``(B) Inclusion.--An agreement under subparagraph
(A) shall include a brief description and estimation of
the anticipated operations, maintenance, and
replacement and rehabilitation costs of the non-Federal
interest for the project.''.
SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.
The Secretary is authorized, in accordance with section 5 of Act of
June 22, 1936 (33 U.S.C. 701h), to accept and expend funds contributed
by a State or other non-Federal interest--
(1) to dredge a non-Federal harbor or channel, or a marina
or berthing area located adjacent to, or accessible by, such
harbor or channel; or
(2) to provide technical assistance related to the planning
and design of dredging activities described in paragraph (1).
SEC. 145. REPLACEMENT CAPACITY.
Section 217(a) of the Water Resources Development Act of 1996 (33
U.S.C. 2326a(a)) is amended--
(1) in the subsection heading, by inserting ``or
Replacement Capacity'' after ``Additional Capacity'';
(2) by striking paragraph (1) and inserting the following:
``(1) Provided by secretary.--
``(A) In general.--Subject to subparagraph (B), at
the request of a non-Federal interest with respect to a
project, the Secretary may--
``(i) provide additional capacity at a
dredged material disposal facility constructed
by the Secretary beyond the capacity that would
be required for project purposes; or
``(ii) permit the use of dredged material
disposal facility capacity required for project
purposes by the non-Federal interest if the
Secretary determines that replacement capacity
can be constructed at the facility or another
facility or site before such capacity is needed
for project purposes.
``(B) Agreement.--Before the Secretary takes an
action under subparagraph (A), the non-Federal interest
shall agree to pay--
``(i) all costs associated with the
construction of the additional capacity or
replacement capacity in advance of construction
of such capacity; and
``(ii) in the case of use by a non-Federal
interest of dredged material disposal capacity
required for project purposes under
subparagraph (A)(ii), any increase in the cost
of operation and maintenance of the project
that the Secretary determines results from the
use of the project capacity by the non-Federal
interest in advance of each cycle of dredging.
``(C) Credit.--In the event the Secretary
determines that the cost to operate or maintain the
project decreases as a result of use by the non-Federal
interest of dredged material disposal capacity required
for project purposes under subparagraph (A)(ii), the
Secretary, at the request of the non-Federal interest,
shall credit the amount of the decrease toward any cash
contribution of the non-Federal interest required
thereafter for construction, operation, or maintenance
of the project, or of another navigation project.'';
(3) in paragraph (2), in the first sentence, by inserting
``under paragraph (1)(A)(i)'' after ``additional capacity'';
and
(4) by adding at the end the following:
``(3) Special rule for designation of replacement capacity
facility or site.--
``(A) In general.--Subject to such terms and
conditions as the Secretary determines to be necessary
or advisable, an agreement under paragraph (1)(B) for
use permitted under paragraph (1)(A)(ii) shall reserve
to the non-Federal interest--
``(i) the right to submit to the Secretary
for approval at a later date an alternative to
the facility or site designated in the
agreement for construction of replacement
capacity; and
``(ii) the right to construct the
replacement capacity at the alternative
facility or site at the expense of the non-
Federal interest.
``(B) Requirement.--The Secretary shall not reject
a site for the construction of replacement capacity
under paragraph (1)(A)(ii) that is submitted by the
non-Federal interest for approval by the Secretary
before the date of execution of the agreement under
paragraph (1)(B), or thereafter, unless the Secretary--
``(i) determines that the site is
environmentally unacceptable, geographically
unacceptable, or technically unsound; and
``(ii) provides a written basis for the
determination under clause (i) to the non-
Federal interest.
``(4) Public comment.--The Secretary shall afford the
public an opportunity to comment on the determinations required
under this subsection for a use permitted under paragraph
(1)(A)(ii).''.
SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2321b) is amended--
(1) by striking ``civil works'' each place it appears and
inserting ``water resources development''; and
(2) by adding at the end the following:
``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
``(1) Definition of eligible non-federal interest.--In this
subsection, the term `eligible non-Federal interest' means a
non-Federal interest that owns or operates an existing non-
Federal hydropower facility at a Corps of Engineers water
resources development project.
``(2) Evaluation.--
``(A) In general.--On the written request of an
eligible non-Federal interest, the Secretary shall
conduct an evaluation to consider operational changes
at the applicable project to facilitate production of
non-Federal hydropower, consistent with authorized
project purposes. The Secretary shall solicit input
from interested stakeholders as part of the evaluation.
``(B) Deadline.--Not later than 180 days after the
date on which the Secretary receives a written request
under subparagraph (A), the Secretary shall provide to
the non-Federal interest a written response to inform
the non-Federal interest--
``(i) that the Secretary has approved the
request to conduct an evaluation; or
``(ii) of any additional information
necessary for the Secretary to approve the
request to conduct an evaluation.
``(3) Operational changes.--An operational change referred
to in paragraph (2)(A) may include--
``(A) changes to seasonal pool levels;
``(B) modifying releases from the project; and
``(C) other changes included in the written request
submitted under that paragraph that enhance the usage
of the project to facilitate production of non-Federal
hydropower, consistent with authorized project
purposes.
``(4) Cost share.--The eligible non-Federal interest shall
pay 100 percent of the costs associated with an evaluation
under this subsection, including the costs to prepare the
report under paragraph (6).
``(5) Deadline.--The Secretary shall complete an evaluation
under this subsection by the date that is not later than 1 year
after the date on which the Secretary begins the evaluation.
``(6) Report.--On completion of an evaluation under this
subsection, 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 a report on the effects of the operational
changes proposed by the non-Federal interest and examined in
the evaluation on the authorized purposes of the project,
including a description of any negative impacts of the proposed
operational changes on the authorized purposes of the project,
or on any Federal project located in the same basin.
``(7) Savings provision.--Nothing in this subsection--
``(A) affects the authorized purposes of a Corps of
Engineers water resources development project;
``(B) affects existing authorities of the Corps of
Engineers, including authorities with respect to
navigation, flood damage reduction, environmental
protection and restoration, water supply and
conservation, and other related purposes; or
``(C) authorizes the Secretary to make any
operational changes to a Corps of Engineers water
resources development project.''.
SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.
(a) In General.--At the request of a non-Federal interest, the
Secretary shall assess the cause of damage to, or the failure of, an
embankment that is adjacent to the shoreline of a reservoir project
owned and operated by the Secretary for which such damage or failure to
the embankment has adversely affected a roadway that the Secretary has
relocated for construction of the reservoir.
(b) Repair and Restoration Activities.--If, based on the assessment
carried out under subsection (a), the Secretary determines that the
cause of the damage to, or the failure of, the embankment is the direct
result of the design or operation of the reservoir by the Secretary,
the Secretary is authorized to participate in the repair or restoration
of such embankment.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 to carry out this section.
SEC. 148. COASTAL MAPPING.
Section 516 of the Water Resources Development Act of 1996 (33
U.S.C. 2326b) is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) by inserting after subsection (f) the following:
``(g) Coastal Mapping.--The Secretary shall develop and carry out a
plan for the recurring mapping of coastlines that are experiencing
rapid change, including such coastlines in--
``(1) Alaska;
``(2) Hawaii; and
``(3) any territory or possession of the United States.'';
and
(3) in subsection (h) (as so redesignated), by adding at
the end the following:
``(3) Coastal mapping.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out subsection (g) with respect to
Alaska, Hawaii, and the territories and possessions of the
United States, $10,000,000, to remain available until
expended.''.
SEC. 149. INTERIM RISK REDUCTION MEASURES.
(a) In General.--In the case of any interim risk reduction measure
for dam safety purposes that was evaluated in a final environmental
assessment completed during the period beginning on March 18, 2019, and
ending on the date of enactment of this Act, the Secretary shall carry
out a reevaluation of the measure in a timely manner if the final
environmental assessment did not consider in detail at least--
(1) 1 operational water control plan change alternative;
(2) 1 action alternative other than an operational water
control plan change; and
(3) the no action alternative.
(b) Coordination.--A reevaluation carried out under subsection (a)
shall include consideration of the alternatives described in such
subsection, which shall be developed in coordination with Federal
agencies, States, Indian Tribes, units of local government, and other
non-Federal interests that have existing water obligations that would
be directly affected by implementation of an interim risk reduction
measure that is the subject of the reevaluation.
(c) Implementation Prior to Reevaluation.--Nothing in this section
prohibits the Secretary from implementing an interim risk reduction
measure for which a reevaluation is required under subsection (a) prior
to the completion of the reevaluation under subsection (a).
SEC. 150. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging that expires prior to May 1, 2021, and shall
use best efforts to ensure such reissuance prior to expiration of such
a regional general permit for maintenance dredging.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.
(a) Definitions.--In this section:
(1) Bypass.--The term ``bypass'' means an alternate water
route adjacent to a lock and dam on a Federal inland waterway
system that can be used for commercial navigation during high
water conditions.
(2) Emergency condition.--The term ``emergency condition''
means--
(A) unsafe conditions on a Federal inland waterway
system that prevent the operation of commercial
vessels, resulting from a major change in water level
or flows;
(B) an obstruction in a Federal inland waterway
system, including silt, sediment, rock formation, or a
shallow channel;
(C) an impaired or inoperable Federal lock and dam;
or
(D) any other condition determined appropriate by
the Secretary.
(b) Emergency Determination.--The Secretary, in consultation with
the District Commanders responsible for maintaining any Federal inland
waterway system, the users of the waterway system, and the Coast Guard,
may make a determination that an emergency condition exists on the
waterway system.
(c) Emergency Mitigation Project.--
(1) In general.--Subject to paragraph (2) and the
availability of appropriations, and in accordance with all
applicable Federal requirements, the Secretary may carry out an
emergency mitigation project on a Federal inland waterway
system with respect to which the Secretary has determined that
an emergency condition exists under subsection (b), or on a
bypass of such system, to remedy that emergency condition.
(2) Deadline.--An emergency mitigation project under
paragraph (1) shall--
(A) be initiated by not later than 60 days after
the date on which the Secretary makes the applicable
determination under subsection (b); and
(B) to the maximum extent practicable, be completed
by not later than 1 year after the date on which the
Secretary makes such determination.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2022 through 2024, to remain available until
expended.
SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.
(a) In General.--In the case of a flood risk management project
that incidentally generates seismic safety benefits in regions of
moderate or high seismic hazard, for the purpose of a benefit-cost
analysis for the project, the Secretary shall not include in that
analysis any additional design and construction costs resulting from
addressing seismic concerns.
(b) Savings Provision.--Except with respect to the benefit-cost
analysis, the additional costs referred to in subsection (a) shall be--
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable
to the project.
SEC. 153. LEASE DEVIATIONS.
(a) Definition of Covered Lease Deviation.--In this section, the
term ``covered lease deviation'' means a change in terms from the
existing lease that requires approval from the Secretary for a lease--
(1) of Federal land within the State of Oklahoma that is
associated with a water resources development project, under--
(A) section 2667 of title 10, United States Code;
or
(B) section 4 of the Act of December 22, 1944 (16
U.S.C. 460d); and
(2) with respect to which the lessee is in good standing.
(b) Deadline.--In the case of a request for a covered lease
deviation--
(1) the Division Commander of the Southwestern Division
shall--
(A) notify the Secretary of the request via
electronic means by not later than 24 hours after
receiving the request; and
(B) by not later than 10 business days after the
date on which the Division Commander notifies the
Secretary under subparagraph (A)--
(i) make a determination approving,
denying, or requesting a modification to the
request; and
(ii) provide to the Secretary the
determination under clause (i); and
(2) if the Division Commander does not make a determination
under paragraph (1)(B), the Secretary shall make a
determination approving, denying, or requesting a modification
to the request by not later than 10 business days after the
date on which the deadline described in paragraph (1)(B)
expires.
(c) Notification.--If the Secretary does not make a determination
under subsection (b)(2) by the deadline described in that subsection,
the Secretary shall submit a notification of the failure to make a
determination with respect to the covered lease deviation, including
the reason for the failure and a description of any outstanding issues,
to--
(1) the entity seeking the covered lease deviation;
(2) the members of the Oklahoma congressional delegation;
(3) the Committee on Environment and Public Works of the
Senate; and
(4) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.
It is the sense of Congress that--
(1) the Arctic, as defined in section 112 of the Arctic
Research and Policy Act of 1984 (Public Law 98-373), is a
region of strategic importance to the national security and
maritime transportation interests of the United States;
(2) there is a compelling national, regional, Alaska
Native, and private sector need for permanent maritime
transportation infrastructure development and for a presence in
the Arctic by the United States to assert national security
interests and to support and facilitate search and rescue,
shipping safety, economic development, oil spill prevention and
response, subsistence and commercial fishing, the establishment
of ports of refuge, Arctic research, and maritime law
enforcement;
(3) the Government of the Russian Federation has
prioritized the development of Arctic maritime transportation
capabilities and has made significant investments in military
infrastructure in the Arctic, including the construction or
refurbishment of 16 deepwater ports in the region;
(4) is a serious concern that the closest United States
strategic seaports to the Arctic are the Port of Anchorage and
the Port of Tacoma, located approximately 1,500 nautical miles
and 2,400 nautical miles away from the Arctic, respectively,
and approximately 1,900 nautical miles and 2,800 nautical
miles, respectively, from Utiagvik, Alaska; and
(5) it is in the national interest to enhance existing, and
develop, maritime transportation infrastructure in the Arctic,
including an Arctic deep draft strategic seaport in Alaska,
that would allow the Coast Guard and the Navy each to perform
their respective statutory duties and functions on a permanent
basis with minimal mission interruption.
SEC. 155. SMALL WATER STORAGE PROJECTS.
(a) In General.--The Secretary shall carry out a program to study
and construct new, or enlarge existing, small water storage projects,
in partnership with a non-Federal interest.
(b) Requirements.--To be eligible to participate in the program
under this section, a small water storage project shall--
(1) in the case of a new small water storage project, have
a water storage capacity of not less than 2,000 acre-feet and
not more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small
water storage project, be for an enlargement of not less than
1,000 acre-feet and not more than 30,000 acre-feet;
(3) provide--
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water
supply; and
(4) be--
(A) economically justified, environmentally
acceptable, and technically feasible; or
(B) in the case of a project providing ecological
benefits, cost-effective with respect to such benefits.
(c) Scope.--In carrying out the program under this section, the
Secretary shall give preference to a small water storage project
located in a State with a population of less than 1,000,000.
(d) Expedited Projects.--For the 10-year period beginning on the
date of enactment of this Act, the Secretary shall expedite small water
storage projects under this section for which applicable Federal
permitting requirements have been completed.
(e) Use of Data.--In conducting a study under this section, to the
maximum extent practicable, the Secretary shall--
(1) as the Secretary determines appropriate, consider and
utilize any applicable hydrologic, economic, or environmental
data that is prepared for a small water storage project under
State law as the documentation, or part of the documentation,
required to complete State water plans or other State planning
documents relating to water resources management; and
(2) consider information developed by the non-Federal
interest in relation to another study, to the extent the
Secretary determines such information is applicable,
appropriate, or otherwise authorized by law.
(f) Cost Share.--
(1) Study.--The Federal share of the cost of a study
conducted under this section shall be--
(A) 100 percent for costs not to exceed $100,000;
and
(B) 50 percent for any costs above $100,000.
(2) Construction.--A small water storage project carried
out under this section shall be subject to the cost-sharing
requirements applicable to projects under section 103 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213),
including--
(A) municipal and industrial water supply: 100
percent non-Federal;
(B) agricultural water supply: 35 percent non-
Federal; and
(C) recreation, including recreational navigation:
50 percent of separable costs and, in the case of any
harbor or inland harbor or channel project, 50 percent
of joint and separable costs allocated to recreational
navigation.
(g) OMRRR Responsibility.--The costs of operation, maintenance,
repair, and replacement and rehabilitation for a small water storage
project constructed under this section shall be the responsibility of
the non-Federal interest.
(h) Individual Project Limit.--Not more than $65,000,000 in Federal
funds may be made available to a small water storage project under this
section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $130,000,000 annually through
fiscal year 2030.
SEC. 156. PLANNING ASSISTANCE TO STATES.
In carrying out section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16), the Secretary shall provide equal
priority for all mission areas of the Corps of Engineers, including
water supply and water conservation.
SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.
Section 1222 of the Water Resources Development Act of 2018 (128
Stat. 3811) is amended by adding at the end the following:
``(c) Additional Utilization of Forecast-Informed Reservoir
Operations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on any additional opportunities
identified for utilizing forecast-informed reservoir operations
across the United States, including an assessment of the
viability of forecast-informed reservoir operations in the
Upper Missouri River Basin and the North Platte River Basin.
``(2) Forecast-informed reservoir operations.--
``(A) Authorization.--If the Secretary determines,
and includes in the report submitted under paragraph
(1), that forecast-informed reservoir operations are
viable at a reservoir in the Upper Missouri River Basin
or the North Platte River Basin, including a reservoir
for which the Secretary has flood control
responsibilities under section 7 of the Act of December
22, 1944 (33 U.S.C. 709), the Secretary is authorized
to carry out forecast-informed reservoir operations at
such reservoir.
``(B) Requirement.--Subject to the availability of
appropriations, if the Secretary determines, and
includes in the report submitted under paragraph (1),
that forecast-informed reservoir operations are viable
in the Upper Missouri River Basin or the North Platte
River Basin, the Secretary shall carry out forecast-
informed reservoir operations at not fewer than one
reservoir in such basin.''.
SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.
(a) Study on Data for Water Allocation, Supply, and Demand.--
(1) In general.--The Secretary shall offer to enter into an
agreement with the National Academy of Sciences to conduct a
study on the ability of Federal agencies to coordinate with
other Federal agencies, State and local agencies, Indian
Tribes, communities, universities, consortiums, councils, and
other relevant entities with expertise in water resources to
facilitate and coordinate the sharing among such entities of
water allocation, supply, and demand data, including--
(A) any catalogs of such data;
(B) definitions of any commonly used terms relating
to water allocation, supply, and demand; and
(C) a description of any common standards used by
those entities.
(2) Report.--If the National Academy of Sciences enters
into an agreement under paragraph (1), to the maximum extent
practicable, not later than 1 year after the date of enactment
of this Act, the National Academy of Sciences shall submit to
Congress a report that includes--
(A) the results of the study under paragraph (1);
(B) recommendations for ways to streamline and make
cost-effective methods for Federal agencies to
coordinate interstate sharing of data, including
recommendations for the development of a publicly
accessible, internet-based platform that can allow
entities described in paragraph (1) to communicate and
coordinate ongoing data collection efforts relating to
water allocation, supply, and demand, and share best
practices relating to those efforts; and
(C) a recommendation as to an appropriate Federal
entity that should--
(i) serve as the lead coordinator for the
sharing of data relating to water allocation,
supply, and demand; and
(ii) host and manage the internet-based
platform described in subparagraph (B).
(b) Data Transparency.--The Secretary shall prioritize making
publicly available water resources data in the custody of the Corps of
Engineers, as authorized by section 2017 of the Water Resources
Development Act of 2007 (33 U.S.C. 2342).
(c) Funding.--From amounts otherwise appropriated or made available
to the Secretary, the Secretary may make available to the National
Academy of Sciences not more than $3,900,000, to be used for the review
of information provided by the Corps of Engineers for purposes of a
study under subsection (a). The Secretary may accept funds from another
Federal agency and make such funds available to the National Academy of
Sciences, to be used for the review of information provided by such
agency for purposes of a study under subsection (a).
SEC. 159. INLAND WATERWAYS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Authorized project.--The term ``authorized project''
means a federally authorized water resources development
project for navigation on the inland waterways.
(2) Modernization activities.--The term ``modernization
activities'' means construction or major rehabilitation
activities for any authorized project.
(3) Non-federal interest.--The term ``non-Federal
interest'' means any public body described in section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
(b) Authorization of Pilot Program.--The Secretary is authorized to
carry out a pilot program for modernization activities on the inland
waterways system.
(c) Implementation.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary may--
(A) accept and expend funds provided by a non-
Federal interest to carry out, for an authorized
project (or a separable element of an authorized
project), modernization activities for such project; or
(B) coordinate with the non-Federal interest in
order to allow the non-Federal interest to carry out,
for an authorized project (or a separable element of an
authorized project), such modernization activities.
(2) Number.--The Secretary shall select not more than 2
authorized projects to participate in the pilot program under
paragraph (1).
(3) Conditions.--Before carrying out modernization
activities pursuant to paragraph (1)(B), a non-Federal interest
shall--
(A) obtain any permit or approval required in
connection with such activities under Federal or State
law that would be required if the Secretary were to
carry out such activities; and
(B) ensure that a final environmental impact
statement or environmental assessment, as appropriate,
for such activities has been filed pursuant to the
National Environmental Policy Act of 1969.
(4) Monitoring.--For any modernization activities carried
out by the non-Federal interest pursuant to this section, the
Secretary shall regularly monitor and audit such activities to
ensure that--
(A) the modernization activities are carried out in
accordance with this section; and
(B) the cost of the modernization activities is
reasonable.
(5) Requirements.--The requirements of section 3142 of
title 40, United States Code shall apply to any modernization
activities undertaken under or pursuant to this section, either
by the Secretary or the non-Federal interest.
(d) Agreements.--
(1) Activities carried out by non-federal interest.--
(A) In general.--
(i) Written agreement.--Before a non-
Federal interest initiates modernization
activities for an authorized project pursuant
to this subsection (c)(1)(B), the non-Federal
interest shall enter into a written agreement
with the Secretary, under section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
that requires the modernization activities to
be carried out in accordance with--
(I) a plan approved by the
Secretary; and
(II) any other terms and conditions
specified by the Secretary in the
agreement.
(ii) Requirements.--A written agreement
under clause (i) shall provide that the non-
Federal interest shall comply with the same
legal and technical requirements that would
apply if the modernization activities were
carried out by the Secretary, including all
mitigation required to offset environmental
impacts of the activities, as determined by the
Secretary.
(B) Alignment with ongoing activities.--A written
agreement under subparagraph (A) shall include
provisions that, to the maximum extent practicable,
align modernization activities under this section with
ongoing operations and maintenance activities for the
applicable authorized project.
(C) Indemnification.--As part of a written
agreement under subparagraph (A), the non-Federal
interest shall agree to hold and save the United States
free from liability for any and all damage that arises
from the modernization activities carried out by the
non-Federal interest pursuant to this section.
(2) Activities carried out by secretary.--For modernization
activities to be carried out by the Secretary pursuant to
subsection (c)(1)(A), the non-Federal interest shall enter into
a written agreement with the Secretary, containing such terms
and conditions as the Secretary determines appropriate.
(e) Reimbursement.--
(1) Authorization.--Subject to the availability of
appropriations, the Secretary may reimburse a non-Federal
interest for the costs of modernization activities carried out
by the non-Federal interest pursuant to an agreement entered
into under subsection (d), or for funds provided to the
Secretary under subsection (c)(1)(A), if--
(A) the non-Federal interest complies with the
agreement entered into under subsection (d); and
(B) with respect to modernization activities
carried out by the non-Federal interest pursuant to the
agreement, the Secretary determines that the non-
Federal interest complied with all applicable Federal
requirements in carrying out the modernization
activities.
(2) Limitation.--The Secretary may only reimburse a non-
Federal interest under paragraph (1) for costs of construction
that would otherwise be paid from amounts appropriated from the
general fund of the Treasury pursuant to section 102 of the
Water Resources Development Act of 1986 (33 U.S.C. 2212).
(f) Rule of Construction.--Nothing in this section--
(1) affects the responsibility of the Secretary for the
operations and maintenance of the inland waterway system, as of
the day before the date of enactment of this Act, including the
responsibility of the Secretary for the operations and
maintenance costs for any covered project after the
modernization activities are completed pursuant to this
section;
(2) prohibits or prevents the use of Federal funds for
operations and maintenance of the inland waterway system or any
authorized project within the inland waterway system; or
(3) prohibits or prevents the use of Federal funds for
construction or major rehabilitation activities within the
inland waterway system or for any authorized project within the
inland waterway system.
(g) Notification.--If a non-Federal interest notifies the Secretary
that the non-Federal interest intends to carry out modernization
activities for an authorized project, or separable element thereof,
pursuant to this section, the Secretary shall provide written notice to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal interest.
(h) Sunset.--
(1) In general.--The authority of the Secretary to enter
into an agreement under this section shall terminate on the
date that is 5 years after the date of enactment of this Act.
(2) Reimbursement eligibility.--The termination of
authority under paragraph (1) shall not extinguish the
eligibility of a non-Federal interest to seek reimbursement
under subsection (e).
SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidance defining the
term ``economically disadvantaged community'' for the purposes of this
Act and the amendments made by this Act.
(b) Considerations.--In defining the term ``economically
disadvantaged community'' under subsection (a), the Secretary shall, to
the maximum extent practicable, utilize the criteria under paragraph
(1) or (2) of section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161), to the extent that such
criteria are applicable in relation to the development of water
resources development projects.
(c) Public Comment.--In developing the guidance under subsection
(a), the Secretary shall provide notice and an opportunity for public
comment.
SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) In General.--Section 203 of the Water Resources Development Act
of 1986 (33 U.S.C. 2231) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or, upon the
written approval of the Secretary that the
modifications are consistent with the authorized
purposes of the project, undertake a feasibility study
on modifications to a water resources development
project constructed by the Corps of Engineers,'' after
``water resources development project''; and
(B) in paragraph (2), by striking ``for feasibility
studies'' and all that follows through the period at
the end and inserting ``for the formulation of
feasibility studies of water resources development
projects undertaken by non-Federal interests to--
``(A) ensure that any feasibility study with
respect to which the Secretary submits an assessment to
Congress under subsection (c) complies with all of the
requirements that would apply to a feasibility study
undertaken by the Secretary; and
``(B) provide sufficient information for the
formulation of the studies, including processes and
procedures related to reviews and assistance under
subsection (e).'';
(2) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Timing.--The Secretary may not submit to Congress an
assessment of a feasibility study under this section until such
time as the Secretary--
``(A) determines that the feasibility study
complies with all of the requirements that would apply
to a feasibility study undertaken by the Secretary; and
``(B) completes all of the Federal analyses,
reviews, and compliance processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), that would be required with respect to the
proposed project if the Secretary had undertaken the
feasibility study.
``(3) Initiation of review.--
``(A) Request.--
``(i) Submission.--The non-Federal interest
may submit to the Secretary a request that the
Secretary initiate the analyses, reviews, and
compliance processes described in paragraph
(2)(B) with respect to the proposed project
prior to the non-Federal interest's submission
of a feasibility study under subsection (a)(1).
``(ii) Effect.--Receipt by the Secretary of
a request submitted under clause (i) shall be
considered the receipt of a proposal or
application that will lead to a major Federal
action that is subject to the requirements of
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
would be required if the Secretary were to
undertake the feasibility study.
``(B) Deadline.--Not later than 10 days after the
Secretary receives a request under this paragraph, the
Secretary shall begin the required analyses, reviews,
and compliance processes.
``(4) Notification.--Upon receipt of a request under
paragraph (3), the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the request and a timeline for
completion of the required analyses, reviews, and compliance
processes.
``(5) Status updates.--Not later than 30 days after
receiving a request under paragraph (3), and every 30 days
thereafter until the Secretary submits an assessment under
subsection (c) for the applicable feasibility study, the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Environment and Public Works of the Senate, and the non-
Federal interest of the status of the Secretary's required
analyses, reviews, and compliance processes.''; and
(3) in subsection (c)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``after the date of receipt of a
feasibility study of a project under subsection
(a)(1)'' and insert ``after the completion of review of
a feasibility study under subsection (b)''; and
(B) by striking ``a report'' and inserting ``an
assessment''.
(b) Deadline.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue revised guidelines under section
203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) to
implement the amendments made by this section.
(c) Hold Harmless.--
(1) One-year window.--The amendments made by this section
shall not apply to any feasibility study submitted to the
Secretary under section 203 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231) during the one-year period prior
to the date of enactment of this section.
(2) 2020 projects.--The amendments made by this section
shall not apply to any project authorized by section 403 of
this Act.
SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.
Section 1118(i) of the Water Resources Development Act of 2016 (43
U.S.C. 390b-2(i)) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(1) Contributed funds for corps projects.--The Secretary
may''; and
(2) by adding at the end the following:
``(2) Contributed funds for other federal reservoir
projects.--The Secretary is authorized to receive and expend
funds from a non-Federal interest to formulate, review, or
revise operational documents, pursuant to a proposal submitted
in accordance subsection (a), for any reservoir for which the
Secretary is authorized to prescribe regulations for the use of
storage allocated for flood control or navigation pursuant to
section 7 of the Act of December 22, 1944 (33 U.S.C. 709).''.
SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED, MANMADE,
FLAMMABLE MATERIALS ON CORPS PROPERTY.
It is the sense of Congress that the Secretary should, using
existing authorities, prioritize the removal, from facilities and lands
of the Corps of Engineers in regions that are urban and arid, of
materials that are manmade, flammable, unauthorized to be present, and
determined by the Secretary to pose a fire risk that is a threat to
public safety.
SEC. 164. ENHANCED DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall review the master plan and
shoreline management plan for any lake described in section 3134 of the
Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat.
1671) for the purpose of identifying structures or other improvements
that are owned by the Secretary and are suitable for enhanced
development, if--
(1) the master plan and shoreline management plan of the
lake have been updated since January 1, 2013; and
(2) the applicable district office of the Corps of
Engineers has received a written request for such a review from
any entity.
(b) Definition of Enhanced Development.--In this section, the term
``enhanced development'' means the use, for non-water-dependent
commercial or hospitality industry purposes or for residential or
recreational purposes, of an existing structure or other improvement.
(c) Divestment Authority.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) 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 that
identifies--
(A) any structure or other improvement owned by the
Secretary that--
(i) has been identified as suitable for
enhanced development pursuant to subsection
(a);
(ii) the Secretary determines the
divestment of which would not adversely affect
the Corps of Engineers operation of the lake at
which the structure or other improvement is
located; and
(iii) a non-Federal interest has offered to
purchase from the Secretary; and
(B) the fair market value of any structure or other
improvement identified under subparagraph (A); and
(2) develop a plan to divest any structure or other
improvement identified under paragraph (1)(A), at fair market
value, to the applicable non-Federal interest.
SEC. 165. CONTINUING AUTHORITY PROGRAMS.
(a) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement a pilot
program, in accordance with this subsection, for carrying out a
project under a continuing authority program for an
economically disadvantaged community.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) publish a notice in the Federal Register that
requests non-Federal interest proposals for a project
under a continuing authority program for an
economically disadvantaged community; and
(B) review such proposals and select a total of 10
projects, taking into consideration geographic
diversity among the selected projects.
(3) Cost share.--Notwithstanding the cost share authorized
for the applicable continuing authority program, the Federal
share of the cost of a project selected under paragraph (2)
shall be 100 percent.
(4) Sunset.--The authority to commence pursuant to this
subsection a project selected under paragraph (2) shall
terminate on the date that is 10 years after the date of
enactment of this Act.
(5) Continuing authority program defined.--In this
subsection, the term ``continuing authority program'' has the
meaning given that term in section 7001(c)(1)(D) of Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
(b) Authorizations of Appropriations.--
(1) Emergency streambank and shoreline protection.--
Notwithstanding section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r), there is authorized to be appropriated to carry
out such section $25,500,000 for each of fiscal years 2021
through 2024.
(2) Storm and hurricane restoration and impact minimization
program.--Notwithstanding section 3(c) of the Act of August 13,
1946 (33 U.S.C. 426g(c)), there is authorized to be
appropriated to carry out such section $38,000,000 for each of
fiscal years 2021 through 2024.
(3) Small river and harbor improvement projects.--
Notwithstanding section 107(a) of the River and Harbor Act of
1960 (33 U.S.C. 577(a)), there is authorized to be appropriated
to carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(4) Regional sediment management.--Notwithstanding section
204(g) of the Water Resources Development Act of 1992 (33
U.S.C. 2326(g)), there is authorized to be appropriated to
carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(5) Small flood control projects.--Notwithstanding section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there is
authorized to be appropriated to carry out such section
$69,250,000 for each of fiscal years 2021 through 2024.
(6) Aquatic ecosystem restoration.--Notwithstanding section
206(f) of the Water Resources Development Act of 1996 (33
U.S.C. 2330(f)), there is authorized to be appropriated to
carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(7) Removal of obstructions; clearing channels.--
Notwithstanding section 2 of the Act of August 28, 1937 (33
U.S.C. 701g), there is authorized to be appropriated to carry
out such section $8,000,000 for each of fiscal years 2021
through 2024.
(8) Project modifications for improvement of environment.--
Notwithstanding section 1135(h) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(h)), there is
authorized to be appropriated to carry out such section
$50,500,000 for each of fiscal years 2021 through 2024.
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Sulphur river, arkansas and texas.--Project for
ecosystem restoration, Sulphur River, Arkansas and Texas.
(2) Cable creek, california.--Project for flood risk
management, water supply, and related benefits, Cable Creek,
California.
(3) Oroville dam, california.--Project for dam safety
improvements, Oroville Dam, California.
(4) Rio hondo channel, california.--Project for ecosystem
restoration, Rio Hondo Channel, San Gabriel River, California.
(5) Shingle creek and kissimmee river, florida.--Project
for ecosystem restoration and water storage, Shingle Creek and
Kissimmee River, Osceola County, Florida.
(6) St. john's river and lake jesup, florida.--Project for
ecosystem restoration, St. John's River and Lake Jesup,
Florida.
(7) Chicago area waterways system, illinois.--Project for
ecosystem restoration, recreation, and other purposes, Illinois
River, Chicago River, Calumet River, Grand Calumet River,
Little Calumet River, and other waterways in the vicinity of
Chicago, Illinois.
(8) Fox river, illinois.--Project for flood risk
management, Fox River, Illinois.
(9) Lower missouri river, kansas.--Project for bank
stabilization and navigation, Lower Missouri River, Sioux City,
Kansas.
(10) Tangipahoa parish, louisiana.--Project for flood risk
management, Tangipahoa Parish, Louisiana.
(11) Newbury and newburyport, massachusetts.--Project for
coastal storm risk management, Newbury and Newburyport,
Massachusetts.
(12) Escatawpa river basin, mississippi.--Project for flood
risk management and ecosystem restoration, Escatawpa River,
Jackson County, Mississippi.
(13) Long beach, bay st. louis and mississippi sound,
mississippi.--Project for hurricane and storm damage risk
reduction and flood risk management, Long Beach, Bay St. Louis
and Mississippi Sound, Mississippi.
(14) Tallahoma and tallahala creeks, mississippi.--Project
for flood risk management, Leaf River, Jones County,
Mississippi.
(15) Lower missouri river, missouri.--Project for
navigation, Lower Missouri River, Missouri.
(16) Lower osage river basin, missouri.--Project for
ecosystem restoration, Lower Osage River Basin, Missouri.
(17) Wyatt, missouri.--Project for flood risk management,
P. Fields Pump Station, Wyatt, Missouri.
(18) Upper basin and stony brook (green brook sub-basin),
raritan river basin, new jersey.--Reevaluation of the Upper
Basin and Stony Brook portions of the project for flood
control, Green Brook Sub-basin, Raritan River Basin, New
Jersey, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4119), including the
evaluation of nonstructural measures to achieve the project
purpose.
(19) Wading river creek, new york.--Project for hurricane
and storm damage risk reduction, flood risk management,
navigation, and ecosystem restoration, Wading River Creek, New
York.
(20) Lower columbia river basin (turning basin), oregon and
washington.--Project to improve and add turning basins for the
project for navigation, Columbia River Channel, Oregon and
Washington, authorized by section 101(b)(13) of the Water
Resources Development Act of 1999 (113 Stat. 280).
(21) Williamsport, pennsylvania.--Project for flood risk
management and levee rehabilitation, greater Williamsport,
Pennsylvania.
(22) City of charleston, south carolina.--Project for
tidal- and inland-related flood risk management, Charleston,
South Carolina.
(23) Chocolate bayou, texas.--Project for flood risk
management, Chocolate Bayou, Texas.
(24) Houston-galveston, texas.--Project for navigation,
Houston-Galveston, Texas.
(25) Port arthur and orange county, texas.--Project for
flood risk management, Port Arthur and Orange County, Texas,
including construction of improvements to interior drainage.
(26) Port of victoria, texas.--Project for flood risk
management, Port of Victoria, Texas.
(27) Virginia beach and vicinity, virginia and north
carolina.--Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia and North Carolina.
(b) Special Rule.--The Secretary shall consider any study carried
out by the Secretary to formulate the project for flood risk
management, Port Arthur and Orange County, Texas, identified in
subsection (a)(25) to be a continuation of the study carried out for
Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the
Committee on Environment and Public Works of the Senate, approved June
23, 2004, and funded by title IV of division B of the Bipartisan Budget
Act of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT
OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).
SEC. 202. EXPEDITED COMPLETIONS.
(a) Feasibility Reports.--The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
(1) Project for navigation, Florence, Alabama.
(2) Project to modify the project for navigation,
Tennessee-Tombigbee Waterway, Alabama, Kentucky, Mississippi,
and Tennessee.
(3) Project for shoreline stabilization, Aunu`u Harbor,
American Samoa.
(4) Project for shoreline stabilization, Tutuila Island,
American Samoa.
(5) Project for flood risk management, Lower Santa Cruz
River, Arizona.
(6) Project for flood risk management, Rio de Flag,
Arizona.
(7) Project for flood risk management, Tonto Creek, Gila
River, Arizona.
(8) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(9) Project for shoreline stabilization, Del Mar Bluffs,
San Diego County, California, carried out pursuant to the
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on April
22, 1999 (docket number 2598).
(10) Project for flood damage reduction and ecosystem
restoration, Del Rosa Channel, city of San Bernardino,
California.
(11) Project for flood risk management, Lower Cache Creek,
California.
(12) Project for flood damage reduction and ecosystem
restoration, Mission-Zanja Channel, cities of San Bernardino
and Redlands, California.
(13) Project for flood risk management, Napa, California.
(14) Project for shoreline protection, Oceanside,
California, authorized pursuant to section 414 of the Water
Resources Development Act of 2000 (114 Stat. 2636; 121 Stat.
1176).
(15) Project for ecosystem restoration and water
conservation, Prado Basin, Orange, Riverside, and San
Bernardino counties, California.
(16) Project for water conservation and water supply,
Redbank and Fancher Creeks, California.
(17) Project for coastal storm damage reduction, San Diego
County shoreline, California.
(18) Project to modify the project for navigation, San
Francisco Bay to Stockton, California.
(19) Project for flood risk management, San Francisquito
Creek, California.
(20) Project to modify the Seven Oaks Dam, California,
portion of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4113; 101 Stat.
1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to
include water conservation as an authorized purpose.
(21) Project for coastal storm damage reduction, Southern
California.
(22) Project for water storage, Halligan Dam, Colorado.
(23) Project for flood risk management, East Hartford Levee
System, Connecticut.
(24) Project for flood risk management, Fairfield and New
Haven Counties, Connecticut.
(25) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
(26) Project for flood risk management, Hartford Levee
System, Connecticut.
(27) Project for ecosystem restoration, Central and
Southern Florida Project Canal 111 (C-111), South Dade County,
Florida.
(28) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(29) Project for ecosystem restoration, Western Everglades,
Florida.
(30) Project for flood risk management, Hanapepe River,
Kauai, Hawaii.
(31) Project for flood risk management, Wailupe Stream,
Oahu, Hawaii.
(32) Project for flood risk management, Waimea River,
Kauai, Hawaii, being carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s).
(33) Project for comprehensive hurricane and storm damage
risk reduction and shoreline erosion protection, Chicago,
Illinois, authorized by section 101(a)(12) of the Water
Resources Development Act of 1996 (110 Stat. 3664; 113 Stat.
302).
(34) Project for flood risk management, Wheaton, DuPage
County, Illinois.
(35) Project for flood damage reduction, ecosystem
restoration, and recreation, Blue River Basin, Kansas City,
Kansas, carried out pursuant to the resolution of the Committee
on Transportation and Infrastructure of the House of
Representatives adopted on September 24, 2008 (docket number
2803).
(36) Project for flood control, Amite River and Tributaries
east of the Mississippi River, Louisiana.
(37) Project for coastal storm risk management, Upper
Barataria Basin, Louisiana.
(38) Project for navigation, Kent Narrows and Chester
River, Queen Anne's County, Maryland.
(39) Project to replace the Bourne and Sagamore Bridges,
Cape Cod, Massachusetts.
(40) Project for flood risk management, ecosystem
restoration, and recreation, Lower St. Croix River, Minnesota,
carried out pursuant to the resolution of the Committee on
Transportation and Infrastructure of the House of
Representatives adopted on September 25, 2002 (docket number
2705).
(41) Project to deepen the project for navigation, Gulfport
Harbor, Mississippi, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4094).
(42) Project for navigation, Shark River, New Jersey.
(43) Project for navigation, Goldsmith Inlet, New York.
(44) Project for navigation, Lake Montauk Harbor, New York.
(45) Project for rehabilitation of Lock E-32, Erie Canal,
Pittsford, New York.
(46) Project for navigation and shoreline stabilization,
Reel Point Preserve, New York, carried out pursuant to the
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
2, 2007 (docket number 2775).
(47) Project for flood risk management, Rondout Creek-
Wallkill River Watershed, New York, carried out pursuant to the
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
2, 2007 (docket number 2776).
(48) Project for ecosystem restoration and hurricane and
storm damage risk reduction, Spring Creek South (Howard Beach),
Queens, New York.
(49) Project for ecosystem restoration, Hood River at the
confluence with the Columbia River, Oregon.
(50) Project to resolve increased silting and shoaling
adjacent to the Federal channel, Port of Bandon, Coquille
River, Oregon.
(51) Project for flood control, 42nd Street Levee,
Springfield, Oregon, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(52) Project for construction of Tribal housing authorized
by title IV of Public Law 100-581 (102 Stat. 2944), Oregon and
Washington.
(53) Project for flood risk management, Dorchester County,
South Carolina.
(54) Project for navigation, Georgetown Harbor, South
Carolina.
(55) Project for hurricane and storm damage risk reduction,
Myrtle Beach, South Carolina.
(56) Project to modify the projects for navigation and
other purposes, Old Hickory Lock and Dam and the Cordell Hull
Dam and Reservoir, Cumberland River, Tennessee, authorized by
the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to add
flood risk management as an authorized purpose.
(57) Project for flood risk management, Buffalo Bayou,
Texas.
(58) Project for flood risk management, ecosystem
restoration, water supply, and related purposes, Lower Rio
Grande River, Cameron County, Texas, carried out pursuant to
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
21, 2003 (docket number 2710).
(59) Project for hurricane and storm damage risk reduction
and shoreline erosion protection, Bolongo Bay, St. Thomas,
United States Virgin Islands.
(60) Project for water supply and ecosystem restoration,
Howard Hanson Dam, Washington.
(61) Project for ecosystem restoration, Puget Sound,
Washington.
(62) Project for navigation, Seattle Harbor, Washington.
(63) Project for navigation, Tacoma Harbor, Washington.
(64) Project for dam safety remediation, Bluestone Dam,
West Virginia.
(65) Project to modify the project for navigation,
Milwaukee Harbor, Wisconsin.
(b) Post-authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for the
following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona.
(2) Project for flood risk management, Des Moines Levee
System, including Birdland Park Levee, Des Moines and Raccoon
Rivers, Des Moines, Iowa.
(c) Watershed and River Basin Assessments.--The Secretary shall
expedite the completion of an assessment under section 729 of the Water
Resources Development Act of 1986 (33 U.S.C. 2267a) for the following:
(1) Kansas River Basin, Kansas.
(2) Merrimack River Basin, Massachusetts.
(3) Pascagoula River Basin, Mississippi.
(4) Tuscarawas River Basin, Ohio.
(5) Lower Fox River Basin, Wisconsin.
(6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
(d) Disposition Studies.--The Secretary shall expedite the
completion of a disposition study, carried out under section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a), for the project for Salinas
Reservoir (Santa Margarita Lake), California.
(e) Reallocation Studies.--The Secretary shall expedite the
completion of a study for the reallocation of water supply storage,
carried out in accordance with section 301 of the Water Supply Act of
1958 (43 U.S.C. 390b), for the following:
(1) Aquilla Lake, Texas.
(2) Lake Whitney, Texas.
(f) Economic Reevaluation Report.--The Secretary shall expedite the
completion of the economic reevaluation report for the navigation and
sustainability program carried out pursuant to title VIII of the Water
Resources Development Act of 2007 (33 U.S.C. 652 note).
SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
(a) In General.--The Secretary shall expedite the completion of the
following feasibility studies, as modified by this section, and if the
Secretary determines that a project that is the subject of the
feasibility study is justified in a completed report, may proceed
directly to preconstruction planning, engineering, and design of the
project:
(1) San francisco bay, california.--The study for flood
risk reduction authorized by section 142 of the Water Resources
Development Act of 1976 (90 Stat. 2930), is modified to
authorize the Secretary to--
(A) investigate the ocean shoreline of San Mateo,
San Francisco, and Marin Counties for the purposes of
providing flood protection against tidal and fluvial
flooding;
(B) with respect to the bay and ocean shorelines of
San Mateo, San Francisco, and Marin Counties,
investigate measures to adapt to rising sea levels; and
(C) with respect to the bay and ocean shorelines,
and streams running to the bay and ocean shorelines, of
San Mateo, San Francisco, and Marin Counties,
investigate the effects of proposed flood protection
and other measures or improvements on--
(i) the local economy;
(ii) habitat restoration, enhancement, or
expansion efforts or opportunities;
(iii) public infrastructure protection and
improvement;
(iv) stormwater runoff capacity and control
measures, including those that may mitigate
flooding;
(v) erosion of beaches and coasts; and
(vi) any other measures or improvements
relevant to adapting to rising sea levels.
(2) Sacramento river, southern sutter county, california.--
The study for flood control and allied purposes for the
Sacramento River Basin, authorized by section 209 of the Flood
Control Act of 1962 (76 Stat. 1197), is modified to authorize
the Secretary to conduct a study for flood risk management,
southern Sutter County between the Sacramento River and Sutter
Bypass, California.
(3) Salton sea, california.--In carrying out the program to
implement projects to restore the Salton Sea, California,
authorized by section 3032 of the Water Resources Development
Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is
authorized to carry out a study for the construction of a
perimeter lake, or a northern or southern subset thereof, for
the Salton Sea, California.
(4) New york and new jersey harbor and tributaries, new
york and new jersey.--The study for flood and storm damage
reduction for the New York and New Jersey Harbor and
Tributaries project, authorized by the Act of June 15, 1955
(chapter 140, 69 Stat. 132), and being carried out pursuant to
the Disaster Relief Appropriations Act, 2013 (Public Law 113-
2), is modified to require the Secretary to--
(A) evaluate and address the impacts of low-
frequency precipitation and sea-level rise on the study
area;
(B) consult with affected communities; and
(C) ensure the study is carried out in accordance
with section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c).
(b) Considerations.--Where appropriate, the Secretary may use the
authority provided by section 216 of the Flood Control Act of 1970 (33
U.S.C. 549a) to carry out this section.
SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY ANALYSIS.
(a) Assistance to Non-Federal Sponsors.--
(1) In general.--Subject to the availability of
appropriations, during the period during which a non-Federal
interest may submit a proposal to be considered for inclusion
in an annual report pursuant to section 7001(b) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(b)), the Secretary is authorized to provide assistance in
accordance with section 1104(b) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282d note) to the non-
Federal interest of a project proposal described in paragraph
(2).
(2) Project proposals described.--A project proposal
referred to in paragraph (1) is a proposal for any of the
following:
(A) A feasibility study for a fish passage for
ecosystem restoration, Lower Alabama River, Alabama.
(B) A feasibility study for dredged material
disposal management activities, Port of Florence,
Alabama.
(C) A feasibility study for a project for flood
risk management, Sikorsky Memorial Airport, Bridgeport,
Connecticut.
(D) A feasibility study for a project to design and
construct the Naugatuck River Greenway Trail, a
multiuse trail on Federal land between Torrington and
Derby, Connecticut.
(E) A feasibility study for a project for coastal
and flood risk management, Stratford, Connecticut.
(F) A feasibility study for projects for flood risk
management, Woodbridge, Connecticut.
(G) The project for flood risk management,
Bloomington, Indiana.
(H) The project for flood risk management, Gary,
Indiana.
(I) Modification of the project for beach erosion
and hurricane protection, Grand Isle, Louisiana, to
include periodic beach nourishment.
(J) A feasibility study for a project for flood
risk management, Cataouatche Subbasin area of the west
bank of Jefferson Parish, Louisiana.
(K) A feasibility study for projects for flood risk
management and storm damage reduction in the Hoey's
Basin area of the east bank of Jefferson Parish,
Louisiana, including a study of the ``pump to the
river'' concept.
(L) A feasibility study for a project for flood
risk management, Hoosic River, Massachusetts.
(M) Modification of the project for navigation,
River Rouge, Michigan.
(N) A project to extend dredging of the South Haven
Harbor, Michigan, to include the former turning basin.
(O) Modification of the project for flood risk
management, Upper Rouge River, Wayne County, Michigan.
(P) A project for aquatic and riparian ecosystem
restoration, Line Creek, Riverside, Missouri.
(Q) A feasibility study for projects for ecosystem
restoration, Bangert Island, St. Charles, Missouri,
related to channels and aquatic habitats.
(R) A study of the resiliency of the Allegheny
Reservoir, New York, in consultation with the Seneca
Nation.
(S) A feasibility study for the rehabilitation of
the tainter gates and guard gate, Caughdenoy Dam, New
York, including an evaluation of the rehabilitation
work necessary to extend the service life of those
structures, such as--
(i) improvements to the hydraulic
efficiency of the gate systems;
(ii) improvements to the concrete
foundation and gate support structures; and
(iii) any other improvements the Secretary
determines to be necessary.
(T) A project for repairs to the West Pier and West
Barrier Bar, Little Sodus Bay Harbor, Cayuga County,
New York.
(U) A project for repair of a sheet pile wall and
east breakwater, Great Sodus Bay, New York.
(V) A feasibility study for the project for
navigation, Port of Oswego, New York.
(W) A feasibility study for potential projects for
the rehabilitation of the Glens Falls Feeder Canal,
which begins at the Feeder Dam intersection with the
Hudson River in Queensbury, New York, and runs to the
confluence of the Old Champlain Canal in Kingsbury, New
York.
(X) A feasibility study to determine whether the
purchase of additional flood easements, changes in lake
level management, additional levee infrastructure, or
implementation of other flood risk management or
containment mechanisms in the Arkansas River Basin,
Oklahoma, would benefit local communities by reducing
flood risks around water resources development projects
of the Corps of Engineers in a range of different flood
scenarios.
(Y) A feasibility study on increasing the frequency
and depth of dredging assistance from the Corps of
Engineers at the Port of Astoria, located at the mouth
of the Columbia River, Oregon.
(b) Feasibility Analysis.--
(1) In general.--Subject to the availability of
appropriations, the Secretary is authorized to review a project
proposal described in paragraph (2) and issue a report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on whether a modification to the project that
is the subject of the proposal is necessary and recommended to
carry out the authorized purposes of such project.
(2) Project proposals described.--A project proposal
referred to in paragraph (1) is a proposal to modify any of the
following:
(A) The project for environmental infrastructure,
City of Sheffield, Alabama, authorized pursuant to
section 219(f)(78) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
1258; 130 Stat. 1687).
(B) The project for environmental infrastructure,
Calaveras County, California, under section 219(f)(86)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1259).
(C) The project for environmental infrastructure,
Charlotte County, Florida, authorized by section
219(f)(121) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1261).
(D) The Mississippi River and Tributaries project
authorized by the first section of the Act of May 15,
1928 (33 U.S.C. 702a), to include the portion of the
Ouachita River Levee System at and below Monroe,
Louisiana, to Caldwell Parish, Louisiana.
(E) The project for environmental infrastructure,
Central New Mexico, authorized by section 593 of the
Water Resources Development Act of 1999 (113 Stat. 380;
119 Stat. 2255).
(F) The project for environmental infrastructure,
Village of Whitehall, New York, authorized pursuant to
section 542 of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150).
(G) The project for environmental infrastructure,
Ohio and North Dakota, authorized by section 594 of the
Water Resources Development Act of 1999 (113 Stat. 383;
121 Stat. 1140; 121 Stat. 1944).
(H) The project for flood risk management and water
supply, Tenkiller Ferry Lake, Arkansas River Basin,
Oklahoma, authorized by section 4 of the Act of June
28, 1938 (chapter 795, 52 Stat. 1218), to modify water
storage to provide for a sufficient quantity of water
supply storage space in the inactive pool storage to
support the fishery downstream from Tenkiller
Reservoir.
(I) The project for environmental infrastructure,
Athens, Tennessee, authorized by section 219(f)(254) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1267).
(J) The project for environmental infrastructure,
Blaine, Tennessee, authorized by section 219(f)(255) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1267).
(K) The project for environmental infrastructure,
Claiborne County, Tennessee, authorized by section
219(f)(256) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(L) The project for environmental infrastructure,
Giles County, Tennessee, authorized by section
219(f)(257) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(M) The project for environmental infrastructure,
Grainger County, Tennessee, authorized by section
219(f)(258) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(N) The project for environmental infrastructure,
Hamilton County, Tennessee, authorized by section
219(f)(259) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(O) The project for environmental infrastructure,
Harrogate, Tennessee, authorized by section 219(f)(260)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(P) The project for environmental infrastructure,
Johnson County, Tennessee, authorized by section
219(f)(261) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(Q) The project for environmental infrastructure,
Knoxville, Tennessee, authorized by section 219(f)(262)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(R) The project for environmental infrastructure,
Lewis, Lawrence, and Wayne Counties, Tennessee,
authorized by section 219(f)(264) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1268).
(S) The project for environmental infrastructure,
Nashville, Tennessee, authorized by section 219(f)(263)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(T) The project for environmental infrastructure,
Oak Ridge, Tennessee, authorized by section 219(f)(265)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
(U) The project for environmental infrastructure,
Plateau Utility District, Morgan County, Tennessee,
authorized by section 219(f)(266) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1268).
(V) The authorized funding level for critical
restoration projects, Lake Champlain watershed, Vermont
and New York, authorized by section 542 of the Water
Resources Development Act of 2000 (114 Stat. 2671; 121
Stat. 1150).
(W) The project for environmental infrastructure,
Eastern Shore and Southwest Virginia, authorized by
section 219(f)(10) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
1255).
SEC. 205. SELMA, ALABAMA.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) provides an update on the study for flood risk
management and riverbank stabilization, Selma, Alabama,
authorized by resolutions of the Committees on Public Works and
Rivers and Harbors of the House of Representatives on June 7,
1961, and April 28, 1936, respectively, the completion of which
the Secretary was required to expedite by section 1203 of the
Water Resources Development Act of 2018 (132 Stat. 3803); and
(2) identifies project alternatives necessary to--
(A) assure the preservation of cultural and
historic values associated with national historic
landmarks within the study area; and
(B) provide flood risk management for economically
disadvantaged communities within the study area.
SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN APPALACHIA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in collaboration with the
Appalachian Regional Commission established by section 14301(a) of
title 40, United States Code, 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 that identifies each Corps of Engineers facility that--
(1) is located within a distressed county or an at-risk
county (as designated by the Appalachian Regional Commission
pursuant to subparagraph (A) or (B) of section 14526(a)(1), of
title 40, United States Code), including in counties that are
experiencing high unemployment or job loss; and
(2) could be improved for purposes of economic development,
recreation, or other uses.
(b) Hydropower Facilities.--
(1) Identification of potential hydropower development.--
The Secretary shall include in the report submitted under
subsection (a) the identification of any existing nonpowered
dams, located within a distressed county or an at-risk county,
with the potential to be used to test, evaluate, pilot,
demonstrate, or deploy hydropower or energy storage
technologies.
(2) Information.--In carrying out this subsection, the
Secretary may use any information developed pursuant to section
1206 of the Water Resources Development Act of 2018 (132 Stat.
3806).
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate with any relevant National
Laboratories.
SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST COMPREHENSIVE
STUDY.
(a) In General.--The Secretary shall carry out a study to determine
the feasibility of a project for hurricane and storm damage risk
reduction for any major metropolitan area located in the study area for
the comprehensive study authorized under the heading ``Department of
the Army--Corps of Engineers--Civil--Investigations'' under the
Disaster Relief Appropriations Act, 2013 (Public Law 113-2) that was
not included in a high-risk focus area identified in the study.
(b) Treatment.--A study carried out under subsection (a) shall be
considered to be a continuation of the comprehensive study described in
that subsection.
SEC. 208. SOUTH ATLANTIC COASTAL STUDY.
Section 1204 of the Water Resources Development Act of 2016 (130
Stat. 1685) is amended by adding at the end the following:
``(d) Annual Reports.--Not later than 180 days after the enactment
of the Water Resources Development Act of 2020, and not less frequently
than annually thereafter until 2025, 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 a report on the status of the study under subsection
(a), on a State-by-State basis, including information on the engagement
of the Corps of Engineers with non-Federal interests, including
detailed lists of all meetings and decision outcomes associated with
those engagements.''.
SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO BYPASS,
CALIFORNIA.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study of the Sacramento River in the vicinity of the Yolo
Bypass System, California, to identify actions to be undertaken by the
Secretary for the comprehensive management of the Yolo Bypass System
for the purposes of flood risk management, ecosystem restoration, water
supply, hydropower, and recreation.
(b) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the comprehensive study
under subsection (a), the Secretary shall consult with the
Governor of the State of California, applicable Federal, State,
and local agencies, non-Federal interests, the Yolo Bypass and
Cache Slough Partnership, and other stakeholders.
(2) Use of existing data and prior studies.--To the maximum
extent practicable and where appropriate, the Secretary may--
(A) make use of existing data provided to the
Secretary by the entities identified in paragraph (1);
and
(B) incorporate--
(i) relevant information from prior studies
and projects carried out by the Secretary
within the study area; and
(ii) the latest technical data and
scientific approaches to changing hydrologic
and climatic conditions.
(c) Recommendations.--
(1) In general.--In conducting the comprehensive study
under subsection (a), the Secretary may develop a
recommendation to Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of
an existing water resources development project;
(C) additional monitoring of, or adaptive
management measures to carry out with respect to,
existing water resources development projects, to
respond to changing hydrologic and climatic conditions;
or
(D) geographic areas within the Yolo Bypass System
for additional study by the Secretary.
(2) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation under paragraph (1)(D)
shall be considered to be a continuation of the comprehensive
study authorized under subsection (a).
(d) Completion of Study; Report to Congress.--Not later than 3
years after the date of enactment of this section, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report detailing--
(1) the results of the comprehensive study conducted under
subsection (a), including any recommendations developed under
subsection (c);
(2) any additional, site-specific areas within the Yolo
Bypass System where additional study for flood risk management
or ecosystem restoration projects is recommended by the
Secretary; and
(3) any interim actions relating to existing water
resources development projects undertaken by the Secretary
during the study period.
(e) Definitions.--In this section:
(1) Yolo bypass system.--The term ``Yolo Bypass System''
means the system of weirs, levees, bypass structures, and other
water resources development projects in California's Sacramento
River Valley, extending from the Fremont Weir near Woodland,
California, to the Sacramento River near Rio Vista, California,
authorized pursuant to section 2 of the Act of March 1, 1917
(chapter 144; 39 Stat. 949).
(2) Yolo bypass and cache slough partnership.--The term
``Yolo Bypass and Cache Slough Partnership'' means the group of
parties to the Yolo Bypass and Cache Slough Memorandum of
Understanding, effective May 2016, regarding collaboration and
cooperation in the Yolo Bypass and Cache Slough region.
SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.
(a) In General.--In carrying out the review of the Lake Okeechobee
regulation schedule pursuant to section 1106 of the Water Resources
Development Act of 2018 (132 Stat. 3773), the Secretary shall--
(1) evaluate the implications of prohibiting releases from
Lake Okeechobee through the S-308 and S-80 lock and dam
structures, and evaluate separately the implications of
prohibiting high volume releases through the S-77, S-78, and S-
79 lock and dam structures, on the operation of the lake in
accordance with authorized purposes and seek to minimize
unnecessary releases to coastal estuaries; and
(2) to the maximum extent practicable, coordinate with the
ongoing efforts of Federal and State agencies responsible for
monitoring, forecasting, and notification of cyanobacteria
levels in Lake Okeechobee.
(b) Monthly Report.--Each month, the Secretary shall make public a
report, which may be based on the Water Management Daily Operational
Reports, disclosing the volumes of water deliveries to or discharges
from Lake Okeechobee & Vicinity, Water Conservation Area I, Water
Conservation Area II, Water Conservation Area III, East Coast Canals,
and the South Dade Conveyance. Such report shall be aggregated and
reported in a format designed for the general public, using maps or
other widely understood communication tools.
(c) Effect.--In carrying out the evaluation under subsection
(a)(1), nothing shall be construed to authorize any new purpose for the
management of Lake Okeechobee or authorize the Secretary to affect any
existing authorized purpose, including flood protection and management
of Lake Okeechobee to provide water supply for all authorized users.
SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--In carrying out the comprehensive assessment of
water resources needs for the Great Lakes System under section 729 of
the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
required by section 1219 of the Water Resources Development Act of 2018
(132 Stat. 3811), the Secretary shall--
(1) taking into account recent high lake levels within the
Great Lakes, assess and make recommendations to Congress on--
(A) coastal storm and flood risk management
measures, including measures that use natural features
and nature-based features, as those terms are defined
in section 1184 of the Water Resources Development Act
of 2016 (33 U.S.C. 2289a);
(B) operation and maintenance of the Great Lakes
Navigation System, as such term is defined in section
210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238);
(C) ecosystem protection and restoration;
(D) the prevention and control of invasive species
and the effects of invasive species; and
(E) recreation associated with water resources
development projects;
(2) prioritize actions necessary to protect critical public
infrastructure, communities, and critical natural or cultural
resources; and
(3) to the maximum extent practicable and where
appropriate, utilize existing data provided to the Secretary by
Federal and State agencies, Indian Tribes, and other
stakeholders, including data obtained through other Federal
programs.
(b) Recommendations; Additional Study.--
(1) In general.--In carrying out the comprehensive
assessment described in subsection (a), the Secretary may make
a recommendation to Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of
an existing water resources development project;
(C) additional monitoring of, or adaptive
management measures to carry out with respect to,
existing water resources development projects, to
respond to changing hydrologic and climatic conditions;
or
(D) geographic areas within the Great Lakes System
for additional study by the Secretary.
(2) Focus areas.--In addition to carrying out subsection
(a), to contribute to the comprehensive assessment described in
such subsection, the Secretary is authorized to conduct
feasibility studies for--
(A) the project for coastal storm resiliency, Lake
Ontario shoreline, New York; and
(B) the project for coastal storm resiliency,
Chicago shoreline, Illinois.
(3) Additional considerations.--Any feasibility study
carried out pursuant to this subsection, including pursuant to
a recommendation under paragraph (1)(D), shall be considered to
be a continuation of the comprehensive assessment described in
subsection (a).
(c) Exemption From Maximum Study Cost and Duration Limitations.--
Section 1001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282c) shall not apply to any study recommended under
subsection (b)(1)(D) or carried out pursuant to subsection (b)(2).
SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE LOUISIANA COASTAL
AREA.
Not later than 1 year after the date of enactment of this Act, the
Coastal Louisiana Ecosystem Protection and Restoration Task Force
established by section 7004 of Water Resources Development Act of 2007
(121 Stat. 1272) shall submit to Congress a report that summarizes the
activities and recommendations of the Task Force, including--
(1) policies, strategies, plans, programs, projects, and
activities undertaken for addressing conservation, protection,
restoration, and maintenance of the coastal Louisiana
ecosystem; and
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem.
SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
(a) Comprehensive Study.--
(1) Purpose.--The Secretary, in collaboration with the
heads of other relevant Federal agencies and pursuant to
subsection (d)(1)(A), shall conduct a comprehensive study of
the Lower Mississippi River basin, from Cape Girardeau,
Missouri, to the Gulf of Mexico, to identify recommendations of
actions to be undertaken by the Secretary, under existing
authorities or after congressional authorization, for the
comprehensive management of the basin for the purposes of--
(A) hurricane and storm damage reduction, flood
risk management, structural and nonstructural flood
control, and floodplain management strategies;
(B) navigation;
(C) ecosystem and environmental restoration;
(D) water supply;
(E) hydropower production;
(F) recreation; and
(G) other purposes as determined by the Secretary.
(2) Development.--In conducting the comprehensive study
under paragraph (1), the Secretary shall investigate--
(A) the construction of new water resources
development projects;
(B) structural and operational modifications to
completed water resources development projects within
the study area;
(C) projects proposed in the comprehensive coastal
protection master plan entitled ``Louisiana's
Comprehensive Master Plan for a Sustainable Coast'',
prepared by the State of Louisiana and accepted by the
Louisiana Coastal Protection and Restoration Authority
(including any subsequent amendments or revisions),
including--
(i) Ama sediment diversion;
(ii) Union freshwater diversion;
(iii) increase Atchafalaya flow to
Terrebonne; and
(iv) Manchac Landbridge diversion;
(D) natural features and nature-based features,
including levee setbacks and instream and floodplain
restoration;
(E) fish and wildlife habitat resources, including
in the Mississippi Sound Estuary, the Lake
Pontchartrain Basin, the Breton Sound, the Barataria
Basin, the Terrebonne Basin, the Atchafalaya Basin, the
Vermilion-Teche Basin, and other outlets of the
Mississippi River and Tributaries project;
(F) mitigation of adverse impacts from operations
of flood control structures to the Mississippi Sound
Estuary, the Lake Pontchartrain Basin, the Breton
Sound, the Barataria Basin, the Atchafalaya Basin, and
other outlets of the Mississippi River and Tributaries
project;
(G) the effects of dredging and river-bottom
elevation changes on drainage efficiency;
(H) the economic impacts of existing practices,
including such impacts on coastal resources;
(I) monitoring requirements, including as near-real
time monitoring as practicable, and adaptive management
measures to respond to changing conditions over time;
(J) the division of responsibilities among the
Federal Government and non-Federal interests with
respect to the purposes described in paragraph (1); and
(K) other matters, as determined by the Secretary.
(b) Consultation and Use of Existing Data.--In conducting the
comprehensive study under subsection (a), the Secretary shall consult
with applicable Federal, State, and local agencies, Indian Tribes, non-
Federal interests, and other stakeholders, and, to the maximum extent
practicable and where appropriate, make use of existing data provided
to the Secretary by such entities or from any relevant multistate
monitoring programs.
(c) Recommendations.--In conducting the comprehensive study under
subsection (a), the Secretary shall develop actionable recommendations
to Congress, including for--
(1) the construction of new water resources development
projects to improve the maximum effective river resource use
and control;
(2) the structural or operational modification of completed
water resources development projects;
(3) such additional monitoring of, or adaptive management
measures to carry out with respect to, completed water
resources development projects, to respond to changing
conditions;
(4) improving the efficiency of operational and maintenance
dredging within the study area;
(5) whether changes are necessary to the Mississippi River
and Tributaries project within the study area;
(6) other Federal and non-Federal action, where
appropriate; and
(7) follow-up studies and data collection and monitoring to
be carried out by the relevant Federal or State agency.
(d) Completion of Study; Report to Congress.--
(1) Annual reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until the
final report under paragraph (2) is submitted, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
(A) any interim actions relating to water resources
development projects within the study area undertaken
by the Secretary under existing authority; and
(B) any recommendations developed under subsection
(c).
(2) Final report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a final report detailing the results of the
comprehensive study required by this section, including the
recommendations developed under subsection (c).
(3) Application of certain requirements.--Section 1001(a)
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(a)) shall not apply to the study carried out by
the Secretary under this section.
(e) Further Analysis.--
(1) In general.--In conducting the comprehensive study
under subsection (a), the Secretary shall carry out activities
in geographic areas that warrant additional analysis by the
Corps of Engineers, including feasibility studies.
(2) Treatment.--A feasibility study carried out under
paragraph (1) shall be considered to be a continuation of the
comprehensive study conducted under subsection (a).
(f) Requirements.--The comprehensive study conducted under
subsection (a) shall be carried out in accordance with the authorities
for the Mississippi River and Tributaries project.
(g) Definitions.--In this section:
(1) Mississippi river and tributaries project.--The term
``Mississippi River and Tributaries project'' means the
Mississippi River and Tributaries project authorized by the
first section of the Act of May 15, 1928 (33 U.S.C. 702a).
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
(i) Savings Provision.--Nothing in this section shall delay or
interfere with, or be construed as grounds for enjoining construction
of, authorized projects within the study area.
SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
(a) Assessment.--The Secretary shall conduct an assessment of the
water resources needs of the Upper Mississippi River under section 729
of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
(b) Requirements.--The Secretary shall carry out the assessment
under subsection (a) in accordance with the requirements in section
1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).
SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS RESEARCH.
(a) In General.--Pursuant to section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall
conduct research on the management of fish losses through the mainstem
dams of the Missouri River Basin during periods of high flow.
(b) Contents.--The research conducted under subsection (a) shall
include an examination of--
(1) the effects of high flow rates through Upper Missouri
River Basin mainstem dam outlet works on fish passage;
(2) options used by other Corps of Engineers district
offices to mitigate fish losses through dams; and
(3) the feasibility of implementing fish loss mitigation
options in the Upper Missouri River Basin mainstem dams, based
on similar ongoing studies.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
recommending a plan to address fish losses through mainstem dams in the
Upper Missouri River Basin.
SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
PROTECTION.
(a) Additional Studies for Lower Missouri River Basin.--
(1) In general.--Except as provided in paragraph (2), upon
the request of the non-Federal interest for the Lower Missouri
Basin study, the Secretary shall expand the scope of such study
to investigate and provide recommendations relating to--
(A) modifications to projects in Iowa, Kansas,
Nebraska, and Missouri authorized under the Pick-Sloan
Missouri River Basin Program (authorized by section
9(b) of the Act of December 22, 1944 (chapter 665, 58
Stat. 891)) and the Missouri River Bank Stabilization
and Navigation project (authorized by section 2 of the
Act of March 2, 1945 (chapter 19, 59 Stat. 19)),
including modifications to the authorized purposes of
such projects to further flood risk management and
resiliency; and
(B) modifications to non-Federal, publicly owned
levees in the Lower Missouri River Basin.
(2) Exception.--If the Secretary determines that expanding
the scope of the Lower Missouri Basin study as provided in
paragraph (1) is not practicable, and the non-Federal interest
for such study concurs in such determination, the Secretary
shall carry out such additional studies as are necessary to
investigate the modifications described in paragraph (1).
(3) Continuation of lower missouri basin study.--The
following studies shall be considered a continuation of the
Lower Missouri Basin study:
(A) Any additional study carried out under
paragraph (2).
(B) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for the
Lower Missouri Basin study.
(C) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for an
additional study carried out under paragraph (2).
(D) Any study spun off from the Lower Missouri
Basin study before the completion of such study.
(E) Any study spun off from an additional study
carried out under paragraph (2) before the completion
of such additional study.
(4) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(5) Consideration; consultation.--In developing
recommendations under paragraph (1), the Secretary shall--
(A) consider the use of--
(i) structural and nonstructural measures,
including the setting back of levees and
removing structures from areas of recurring
flood vulnerability, where advantageous, to
reduce flood risk and damages in the Lower
Missouri River Basin; and
(ii) where such features are locally
acceptable, natural features or nature-based
features (as such terms are defined in section
1184 of the Water Resources Development Act of
2016 (33 U.S.C. 2289a); and
(B) consult with applicable Federal and State
agencies, Indian Tribes, and other stakeholders within
the Lower Missouri River Basin and solicit public
comment on such recommendations.
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
the Lower Missouri Basin study or any study described in
paragraph (3).
(7) Preconstruction, engineering, and design.--Upon
completion of a study authorized by this subsection, if the
Secretary determines that a recommended project, or
modification to a project described in paragraph (1), is
justified, the Secretary may proceed directly to
preconstruction planning, engineering, and design of the
project or modification.
(8) Technical assistance.--
(A) In general.--For the provision of technical
assistance to support small communities and
economically disadvantaged communities in the planning
and design of flood risk management and flood risk
resiliency projects in the Lower Missouri River Basin,
for each of fiscal years 2021 through 2026, there are
authorized to be appropriated--
(i) $2,000,000 to carry out section 206 of
the Flood Control Act of 1960 (33 U.S.C. 709a),
in addition to amounts otherwise authorized to
carry out such section; and
(ii) $2,000,000 to carry out section
22(a)(2) of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16), in addition to
amounts otherwise authorized to carry out such
section.
(B) Conditions.--
(i) Limitations not applicable.--The
limitations on the use of funds in section
206(d) of the Flood Control Act of 1960 and
section 22(c)(2) of the Water Resources
Development Act of 1974 shall not apply to the
amounts authorized to be appropriated by
subparagraph (A).
(ii) Rule of construction.--Nothing in this
paragraph restricts the authority of the
Secretary to use any funds otherwise
appropriated to carry out section 206 of the
Flood Control Act of 1960 or section 22(a)(2)
of the Water Resources Development Act of 1974
to provide technical assistance described in
subparagraph (A).
(9) Completion of study; report to congress.--Not later
than 3 years after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
(A) the results of the study authorized by this
subsection;
(B) any additional, site-specific areas within the
Lower Missouri River Basin for which additional study
for flood risk management projects is recommended by
the Secretary; and
(C) any interim actions relating to existing water
resources development projects in the Lower Missouri
River Basin undertaken by the Secretary during the
study period.
(10) Definitions.--In this subsection:
(A) Lower missouri basin study.--The term ``Lower
Missouri Basin study'' means the Lower Missouri Basin
Flood Risk and Resiliency Study, Iowa, Kansas,
Nebraska, and Missouri, authorized pursuant to section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(B) Small community.--The term ``small community''
means a local government that serves a population of
less than 15,000.
(b) Upper Missouri River Basin Comprehensive Study.--
(1) In general.--The Secretary, in collaboration with the
heads of other relevant Federal agencies, shall conduct a
comprehensive study to address flood risk in areas affected by
severe flooding in 2019 along the Upper Missouri River,
including an examination of--
(A) the use of structural and nonstructural flood
control and floodplain management strategies, including
the consideration of natural features or nature-based
features (as such terms are defined in section 1184 of
the Water Resources Development Act of 2016 (33 U.S.C.
2289a);
(B) continued operation and maintenance of the
navigation project;
(C) management of bank caving and erosion;
(D) maintenance of water supply;
(E) fish and wildlife habitat management;
(F) recreation needs;
(G) environmental restoration needs;
(H) the division of responsibilities of the Federal
Government and non-Federal interests with respect to
Missouri River flooding;
(I) the roles and responsibilities of Federal
agencies with respect to Missouri River flooding; and
(J) any other related matters, as determined by the
Secretary.
(2) Recommendations.--In conducting the study under this
subsection, the Secretary may develop recommendations to
Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of
an existing water resources development project;
(C) such additional monitoring of, or adaptive
management measures to carry out with respect to,
existing water resources development projects, to
respond to changing conditions;
(D) geographic areas within the Upper Missouri
River basin for additional study by the Secretary;
(E) management plans and actions to be carried out
by the responsible Federal agencies to reduce flood
risk and improve resiliency;
(F) any necessary changes to the general
comprehensive plan for flood control and other purposes
in the Missouri River Basin under section 4 of the Act
of June 28, 1938 (chapter 795, 52 Stat. 1218; 58 Stat.
891); and
(G) follow-up studies for problem areas for which
data or current technology does not allow immediate
solutions.
(3) Completion of study; report to congress.--Not later
than 3 years after the date of enactment of this subsection,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) contains the results of the comprehensive study
required by this subsection, including any
recommendations developed under paragraph (2);
(B) addresses--
(i) the potential for the transfer of flood
risk between and within the Upper and Lower
Missouri River basins with respect to any
changes recommended pursuant to paragraph
(2)(F);
(ii) adverse impacts to navigation and
other authorized purposes of the applicable
Missouri River project with respect to any
changes recommended under paragraph (2)(F); and
(iii) whether there are opportunities for
increased non-Federal management in the Upper
Missouri River Basin;
(C) recognizes--
(i) the interest and rights of States in--
(I) determining the development of
watersheds within the borders of the
State; and
(II) water utilization and control;
and
(ii) the primary responsibilities of States
and local interests in developing water
supplies for domestic, municipal, industrial,
and other purposes; and
(D) describes any interim actions relating to
existing water resources development projects in the
Upper Missouri River Basin undertaken by the Secretary
during the study period.
(4) Consultation.--In carrying out this subsection, the
Secretary shall consult with applicable Federal and State
agencies, Indian Tribes, and other stakeholders within the
Upper Missouri River Basin and solicit public comment.
(5) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
the comprehensive study carried out under this section or any
feasibility study described in paragraph (7).
(7) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation included in the report
submitted under this subsection shall be considered to be a
continuation of the comprehensive study required under
paragraph (1).
(8) Definition.--In this subsection, the term ``Missouri
River project'' means a project constructed as part of--
(A) the Pick-Sloan Missouri River Basin Program
(authorized by section 9(b) of the Act of December 22,
1944 (chapter 665, 58 Stat. 891)), located in the
States of Wyoming, Montana, North Dakota, or South
Dakota;
(B) the Missouri River Bank Stabilization and
Navigation project (authorized by section 2 of the Act
of March 2, 1945 (chapter 19, 59 Stat. 19)); or
(C) a non-Federal, publicly owned levee system
located within the Upper Missouri River Basin.
(c) Coordination.--Upon completion of the studies under subsections
(a) and (b), the Secretary shall develop a strategy that, to the
maximum extent practicable, coordinates and aligns the results of such
studies.
SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE HARBOR, NEW
HAMPSHIRE.
(a) Requirement to Expedite.--The Secretary shall expedite
authorized activities to address the impacts of shoaling affecting the
project for navigation, Rye Harbor, New Hampshire, authorized by
section 101 of the River and Harbor Act of 1960 (74 Stat. 480).
(b) Status Update.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a written
status update regarding--
(1) the activities required to be expedited under
subsection (a); and
(2) the project for navigation, Portsmouth Harbor and
Piscataqua River, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173), as required to be expedited
under section 1317 of the Water Resources Development Act of
2018 (132 Stat. 3823).
SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, OREGON.
(a) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly
available, a report providing an initial analysis of deauthorizing
hydropower as a project purpose at the Cougar and Detroit Dams project.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a)--
(1) a description of the potential effects of deauthorizing
hydropower as a project purpose at the Cougar and Detroit Dams
project on--
(A) the operation of the project, including with
respect to the other authorized purposes of the
project;
(B) compliance of the project with the Endangered
Species Act;
(C) costs that would be attributed to other
authorized purposes of the project, including costs
relating to compliance with such Act; and
(D) other ongoing studies in the Willamette River
Basin; and
(2) identification of any further research needed.
(c) Project Defined.--In this section, the terms ``Cougar and
Detroit Dams project'' and ``project'' mean the Cougar Dam and
Reservoir project and Detroit Dam and Reservoir project, Willamette
River Basin, Oregon, authorized by section 204 of the Flood Control Act
of 1950 (64 Stat. 179), and facilities that operate in conjunction with
the main Detroit Dam facility, including the Big Cliff re-regulating
dam.
SEC. 219. PORT ORFORD, OREGON.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall, at Federal expense, submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a summary
report on the research completed and data gathered by the date of
enactment of this Act with regards to the configuration of a breakwater
for the project for navigation, Port Orford, Oregon, authorized by
section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106
Stat. 4809), for the purposes of addressing shoaling issues to minimize
long-term maintenance costs.
SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.
Not later than 180 days after the date of enactment of this
section, the Secretary shall submit to Congress a written status update
regarding efforts to address flooding along Wilson Creek and Sloan
Creek in the City of Fairview, Texas.
SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT WATER
RESOURCES DEVELOPMENT PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of the Representatives
and the Committee on Environment and Public Works of the Senate a
report that analyzes the benefits and consequences of including water
supply and water conservation as a primary mission of the Corps of
Engineers in carrying out water resources development projects.
(b) Inclusion.--The Secretary shall include in the report submitted
under subsection (a)--
(1) a description of existing water resources development
projects with water supply or water conservation as authorized
purposes, and the extent to which such projects are utilized
for such purposes;
(2) a description of existing water resources development
projects with respect to which--
(A) water supply or water conservation could be
added as a project purpose, including those with
respect to which a non-Federal interest has expressed
an interest in adding water supply or water
conservation as a project purpose; and
(B) such a purpose could be accommodated while
maintaining existing authorized purposes;
(3) a description of ongoing water resources development
project studies the authorizations for which include
authorization for the Secretary to study the feasibility of
carrying out the project with a purpose of water supply or
water conservation;
(4) an analysis of how adding water supply and water
conservation as a primary mission of the Corps of Engineers
would affect the ability of the Secretary to carry out future
water resources development projects; and
(5) any recommendations of the Secretary relating to
including water supply and water conservation as a primary
mission of the Corps of Engineers.
SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND PROJECTS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to Congress an annual report, to be
entitled ``Report to Congress on Authorized Water Resources Development
Projects and Studies'', that identifies--
(1) ongoing or new feasibility studies, authorized within
the previous 20 years, for which a Report of the Chief of
Engineers has not been issued;
(2) authorized feasibility studies for projects in the
preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects
authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development
projects the Secretary has the responsibility to operate or
maintain.
(b) Contents.--
(1) Inclusions.--
(A) Criteria.--The Secretary shall include in each
report submitted under this section only a feasibility
study or water resources development project--
(i) that has been authorized by Congress to
be carried out by the Secretary and does not
require any additional congressional
authorization to be carried out;
(ii) that the Secretary has the capability
to carry out if funds are appropriated for such
study or project under any of the
``Investigations'', ``Construction'',
``Operation and Maintenance'', or ``Mississippi
River and Tributaries'' appropriations accounts
for the Corps of Engineers; and
(iii) for which a non-Federal interest--
(I) in the case of a study or a
project other than a project for which
funds may be appropriated for operation
and maintenance, has entered into a
feasibility cost-sharing agreement,
design agreement, or project
partnership agreement with the Corps of
Engineers, or has informed the
Secretary that the non-Federal interest
has the financial capability to enter
into such an agreement within 1 year;
and
(II) demonstrates the legal and
financial capability to satisfy the
requirements for local cooperation with
respect to the study or project.
(B) Description of benefits.--
(i) Description.--The Secretary shall, to
the maximum extent practicable, describe in
each report submitted under this section the
benefits, as described in clause (ii), of each
feasibility study and water resources
development project included in the report.
(ii) Benefits.--The benefits referred to in
clause (i) are benefits to--
(I) the protection of human life
and property;
(II) improvement to transportation;
(III) the national, regional, or
local economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(2) Transparency.--The Secretary shall include in each
report submitted under this section, for each feasibility study
and water resources development project included in the
report--
(A) the name of the associated non-Federal
interest, including the name of any non-Federal
interest that has contributed, or is expected to
contribute, a non-Federal share of the cost of the
study or project;
(B) the purpose of the study or project;
(C) an estimate, to the extent practicable, of the
Federal, non-Federal, and total costs of the study or
project, including, to the extent practicable, the
fully funded capability of the Corps of Engineers for--
(i) the 3 fiscal years following the fiscal
year in which the report is submitted, in the
case of a feasibility study; and
(ii) the 5 fiscal years following the
fiscal year in which the report is submitted,
in the case of a water resources development
project; and
(D) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of the study or
project.
(3) Certification.--The Secretary shall include in each
report submitted under this section a certification stating
that each feasibility study or water resources development
project included in the report meets the criteria described in
paragraph (1)(A).
(4) Omissions.--
(A) Limitation.--The Secretary shall not omit from
a report submitted under this section a study or
project that otherwise meets the criteria for inclusion
in the report solely on the basis of a policy of the
Secretary.
(B) Appendix.--If the Secretary omits from a report
submitted under this section a study or project that
otherwise meets the criteria for inclusion in the
report, the Secretary shall include with the report an
appendix that lists the name of the study or project
and reason for its omission.
(c) Submission to Congress; Publication.--
(1) Submission to congress.--The Secretary may submit a
report under this section in conjunction with the submission of
the annual report under section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) Publication.--On submission of each report under this
section, the Secretary shall make the report publicly
available, including through publication on the internet.
(d) Definitions.--In this section:
(1) Non-federal interest.--The term ``non-Federal
interest'' has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
(2) Water resources development project.--The term ``water
resources development project'' includes a separable element of
a project, a project under an environmental infrastructure
assistance program, and a project the authorized purposes of
which include water supply.
SEC. 223. COMPLETION OF REPORTS AND MATERIALS.
(a) In General.--Using available appropriations, not later than 180
days after the date of enactment of this section, the Secretary shall
complete and submit to Congress the following materials:
(1) The report required by section 1211 of the Water
Resources Development Act of 2018 (132 Stat. 3808).
(2) Implementation guidance for the amendments made by
section 1176 of the Water Resources Development Act of 2016
(130 Stat. 1673).
(3) Implementation guidance for the amendments made by
section 3029(a) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1305).
(4) Any other report or other material required to be
submitted to Congress by any of the following Acts (including
by amendments made by such Acts) that has not been so submitted
by the date of enactment of this section:
(A) The Water Resources Reform and Development Act
of 2014 (Public Law 113-121).
(B) The Water Resources Development Act of 2016
(Public Law 114-322).
(C) The Water Resources Development Act of 2018
(Public Law 115-270).
(b) Use of Existing Data.--To the extent practicable and
appropriate, the Secretary shall use existing data in completing any
materials described in subsection (a).
(c) Failure To Submit.--If the Secretary fails to submit materials
as required by this section, the Secretary shall immediately inform the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, in writing, of the specific reasons for such failure
and a timeline for submission of the delinquent materials.
(d) Implementation Guidance.--The Secretary shall expeditiously
issue any guidance necessary to implement any provision of this Act,
including any amendments made by this Act, in accordance with section
1105 of the Water Resources Development Act of 2018 (33 U.S.C. 2202).
SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.
The Secretary shall submit to Congress a report on the extent to
which section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), applies
to lakes, including lakes with the flow of a slow-moving river,
including, if applicable, recommendations for legislative changes to
ensure that such lakes are eligible for the program carried out
pursuant to such section.
SEC. 225. REPORT ON DEBRIS REMOVAL.
Section 1210 of the Water Resources Development Act of 2018 (132
Stat. 3808) is amended to read as follows:
``SEC. 1210. REPORT ON DEBRIS REMOVAL.
``(a) In General.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2020, the Secretary
shall submit to Congress and make publicly available a report that
describes--
``(1) the extent to which, during the 10 fiscal years prior
to such date of enactment, the Secretary has carried out
section 3 of the Act of March 2, 1945 (33 U.S.C. 603a);
``(2) how the Secretary has evaluated potential work to be
carried out under that section; and
``(3) the extent to which the Secretary plans to start,
continue, or complete debris removal activities in the 3 years
following submission of the report.
``(b) Focus Areas.--The Secretary shall include in the report
submitted under subsection (a)--
``(1) identification of the debris removal activities to be
started, continued, or completed during the first fiscal year
following the date of enactment of this subsection within the
boundaries of the North Atlantic Division of the Corps of
Engineers;
``(2) the estimated total costs and completion dates for
such activities; and
``(3) identification of the non-Federal interest associated
with such activities.''.
SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.
(a) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, 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 a report on the use by the Corps of Engineers
since 2010 of data relating to antecedent hydrologic conditions
in the Missouri River Basin (including soil moisture
conditions, frost depths, snowpack, and streamflow conditions)
in--
(A) conducting Missouri River mainstem reservoir
operations under the Missouri River Master Manual;
(B) developing related annual operating plans; and
(C) performing seasonal, monthly, and daily
operations.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) a review of--
(i) the approach of the Corps of Engineers
to forecasting basin runoff in developing
annual operating plans of the Corps of
Engineers;
(ii) the assessment of existing and
alternative algorithms that could improve basin
runoff forecasting;
(iii) the approach of the Corps of
Engineers for reservoir releases in the winter,
spring, summer, and fall, based on basin runoff
forecasts;
(iv) the technical report of the Corps of
Engineers entitled ``Long-Term Runoff
Forecasting'', dated February, 2017;
(v) the use by the Corps of Engineers of
data from Federal and State entities in basin
runoff forecasts; and
(vi) the use by the Corps of Engineers of
advanced data collection, including through the
use of unmanned aerial systems, forecasting,
and modeling;
(B) findings and recommendations on how to best
incorporate antecedent basin conditions in annual
operating plans and Missouri River mainstem reservoir
operations; and
(C) the results of the peer review conducted under
subsection (b).
(b) Peer Review.--The Secretary shall seek to enter into an
agreement with the National Academy of Sciences or a similar
independent scientific and technical advisory organization to establish
a panel of experts to conduct a peer review of the report to be
submitted under subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) $5,000,000 to carry out subsection (a); and
(2) $5,000,000 to carry out subsection (b).
SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.
Subject to the availability of appropriations, the Secretary,
acting through the Director of the Engineer Research and Development
Center and, where appropriate, in consultation with other Federal
agencies, shall carry out research and development activities relating
to the use of subsurface drain systems as--
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly
available, a report that describes--
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained
by the Secretary since the date of enactment of such section;
and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources
development projects since such date, an explanation as to why
such corrosion prevention activities have not been
incorporated.
SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.
Section 1104(b) of the Water Resources Development Act of 2018 (33
U.S.C. 2282d note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(2) Annual reporting.--Not less frequently than annually,
the Secretary shall provide to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a written
update on the progress of the implementation of paragraph (1),
including a description of each education and outreach action
the Secretary is taking to implement that paragraph.
``(3) Guidance; compliance.--The Secretary shall--
``(A) issue guidance on the uniform implementation
by each district of the Corps of Engineers of the
process for submitting proposals under section 7001 of
the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d); and
``(B) each year, ensure compliance with the
guidance issued under subparagraph (A).''.
SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL STRUCTURES.
Not later than 180 days after the date of enactment of this Act,
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 a report on the extent
to which flood insurance premium reductions that result from
implementation of a flood risk management project, including structural
elements, nonstructural elements, or natural features or nature-based
features, are included in the calculation of the benefits of the
project by the Corps of Engineers.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify 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 for
Congress 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) Proposed Deauthorization List.--
(1) Preliminary list of projects.--
(A) In general.--The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized
for construction before November 8, 2007, for which--
(i) planning, design, or construction was
not initiated before the date of enactment of
this Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design,
or construction of the project or separable
element of the project during the current
fiscal year or any of the 10 preceding fiscal
years.
(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may
develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a).
(C) Exclusions.--The Secretary shall not include on
the preliminary list--
(i) an environmental infrastructure
assistance project authorized to be carried out
by the Secretary (including a project
authorized pursuant to an environmental
assistance program); or
(ii) a project or separable element of a
project authorized as part of the Comprehensive
Everglades Restoration Plan described in
section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680).
(2) Preparation of proposed deauthorization list.--
(A) Deauthorization amount.--The Secretary shall
prepare a proposed list of projects for deauthorization
comprised of a subset of projects and separable
elements identified on the preliminary list developed
under paragraph (1) that have, in the aggregate, an
estimated Federal cost to complete that is at least
$10,000,000,000.
(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.
(C) Inclusion of deauthorization of antiquated
projects.--The Secretary shall reduce the amount
identified for deauthorization under paragraph (2)(A)
by an amount equivalent to the estimated current value
of each project, or separable element of a project,
that is deauthorized by subsection (f).
(3) Sequencing of projects.--
(A) In general.--The Secretary shall identify
projects and separable elements for inclusion on the
proposed list of projects for deauthorization under
paragraph (2) according to the order in which the
projects and separable elements were authorized,
beginning with the earliest authorized projects and
separable elements and ending with the latest project
or separable element necessary to meet the aggregate
amount under paragraph (2)(A).
(B) Factors to consider.--The Secretary may
identify projects and separable elements in an order
other than that established by subparagraph (A) if the
Secretary determines, on a case-by-case basis, that a
project or separable element is critical for interests
of the United States, based on the possible impact of
the project or separable element on public health and
safety, the national economy, or the environment.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the proposed deauthorization list
prepared under paragraph (2)(A).
(B) Comment period.--The public comment period
shall be 90 days.
(5) Preparation of final deauthorization list.--
(A) In general.--The Secretary shall prepare a
final deauthorization list by--
(i) considering any comments received under
paragraph (4); and
(ii) revising the proposed deauthorization
list prepared under paragraph (2)(A) as the
Secretary determines necessary to respond to
such comments.
(B) Appendix.--The Secretary shall include as part
of the final deauthorization list an appendix that--
(i) identifies each project or separable
element on the proposed deauthorization list
that is not included on the final
deauthorization list; and
(ii) describes the reasons why the project
or separable element is not included on the
final deauthorization list.
(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
(1) In general.--Not later than 90 days after the date of
the close of the comment period under subsection (b)(4), the
Secretary shall--
(A) submit the final deauthorization list and
appendix prepared under subsection (b)(5) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate; and
(B) publish the final deauthorization list and
appendix in the Federal Register.
(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal
funds for planning, design, or construction are obligated after
the development of the preliminary list under subsection
(b)(1)(A) but prior to the submission of the final
deauthorization list under paragraph (1)(A) of this subsection.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 2-year period
beginning on the date of publication of the final
deauthorization list and appendix under subsection (c)(1)(B), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list 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 list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 2-year
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 list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in
subsection (b)(2)(A).
(3) Projects identified in appendix.--A project or
separable element of a project identified in the appendix to
the final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rules.--
(1) Post-authorization studies.--A project or separable
element of a project may not be identified on the proposed
deauthorization list developed under subsection (b), or the
final deauthorization list developed under subsection (c), if
the project or separable element received funding for a post-
authorization study during the current fiscal year or any of
the 10 preceding fiscal years.
(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.
(f) Deauthorization of Antiquated Projects.--
(1) In general.--Any water resources development project,
or separable element of a project, authorized for construction
prior to November 17, 1986, for which construction has not been
initiated prior to the date of enactment of this Act, or for
which funds have not been obligated for construction in the 10-
year period prior to the date of enactment of this Act, is
hereby deauthorized.
(2) Identification.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall issue to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies--
(A) the name of each project, or separable element
of a project, deauthorized by paragraph (1); and
(B) the estimated current value of each such
project or separable element of a project.
(g) Economic and Environmental Review of Inactive Water Resources
Development Projects.--The Secretary or the non-Federal interest may
not carry out any authorized water resources development project, or
separable element of such project, for which construction has not been
initiated in the 20-year period following the date of the authorization
of such project or separable element, until--
(1) the Secretary provides to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a post-authorization change report that
updates the economic and environmental analysis of the project
or separable element; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate take appropriate action to
address any modifications to the economic and environmental
analysis for the project or separable element of the project
contained in the post-authorization change report.
(h) Definitions.--In this section:
(1) Post-authorization change report.--The term ``post-
authorization change report'' has the meaning given such term
in section 1132(d) of the Water Resources Development Act of
2016 (33 U.S.C. 2282e).
(2) Post-authorization study.--The term ``post-
authorization study'' means--
(A) a feasibility report developed under section
905 of the Water Resources Development Act of 1986 (33
U.S.C. 2282);
(B) a feasibility study, as defined in section
105(d) of the Water Resources Development Act of 1986
(33 U.S.C. 2215(d)); or
(C) 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.
SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560(f) of the Water Resources Development Act of 1999 (33
U.S.C. 2336(f)) is amended by striking ``$20,000,000'' and inserting
``$30,000,000''.
SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
Section 203(b)(4) of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended by striking ``$12,500,000'' each place it
appears and inserting ``$18,500,000''.
SEC. 304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986
(Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
Stat. 1076) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
and
``(30) Memorial Pond, Walpole, Massachusetts.''.
SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$40,000,000'' and
inserting ``$60,000,000''; and
(2) in subsection (f), by striking ``$40,000,000'' and
inserting ``$60,000,000''.
SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) In General.--Section 510 of the Water Resources Development Act
of 1996 (Public Law 104-303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat.
1317) is amended--
(1) by redesignating subsection (h) as subsection (i) and
inserting after subsection (g) the following:
``(h) Project Cap.--The total cost of a project carried out under
this section may not exceed $15,000,000.''; and
(2) in subsection (i) (as so redesignated), by striking
``$40,000,000'' and inserting ``$90,000,000''.
(b) Outreach and Training.--The Secretary shall conduct public
outreach and workshops for non-Federal interests to provide information
on the Chesapeake Bay environmental restoration and protection program
established under section 510 of the Water Resources Development Act of
1996, including how to participate in the program.
SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
PROGRAM.
Section 1103(e) of the Water Resources Development Act of 1986 (33
U.S.C. 652(e)) is amended--
(1) in paragraph (3), by striking ``$22,750,000'' and
inserting ``$40,000,000''; and
(2) in paragraph (4), by striking ``$10,420,000'' and
inserting ``$15,000,000''.
SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010(e) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by striking ``the
Act of October 15, 1940 (33 U.S.C. 701h-1)'' and inserting ``section 5
of the Act of June 22, 1936 (33 U.S.C. 701h)''.
SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.
(a) In General.--The project for navigation, Theodore Ship Channel,
Mobile Harbor, Alabama, authorized by section 201 of the Flood Control
Act of 1965 (42 U.S.C. 1962d-5), is revised to incorporate into the
project the 40-foot-deep, 1,320-foot-wide, and approximately 1,468.5-
foot-long access channel, extending north from stations 257+25 and
273+25 from the Theodore Channel, that was constructed for the former
Naval Station Mobile, as a substitute for the authorized but
unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-long
anchorage basin in the same location, to serve the public terminal that
replaced the former Naval Station Mobile as obligated under the
authorizations for the project.
(b) Treatment.--The Secretary shall--
(1) consider construction of the access channel described
in subsection (a) to be complete; and
(2) assume maintenance of the access channel described in
subsection (a) for so long as the terminal described in
subsection (a) remains publicly owned.
SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.
Any Federal funds, regardless of the account from which the funds
were provided, used to carry out construction of the modification to
the McClellan-Kerr Arkansas River Navigation System, authorized in
section 136 of the Energy and Water Development Appropriations Act,
2004 (117 Stat. 1842), shall be considered by the Secretary as
initiating construction of the project such that future funds will not
require a new investment decision.
SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.
The project for navigation, Ouachita and Black Rivers, Arkansas and
Louisiana, authorized by section 101 of the River and Harbor Act of
1960 (74 Stat. 481), is modified to include water supply as an
authorized purpose.
SEC. 312. LAKE ISABELLA, CALIFORNIA.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary, when evaluating alternative locations for construction of a
permanent Isabella Lake Visitor Center by the Corps of Engineers to
replace the facility impacted by the Isabella Dam safety modification
project, should afford substantial weight to the site preference of the
local community.
(b) Authority.--The Secretary may acquire such interests in real
property as the Secretary determines necessary or advisable to support
construction of the Isabella Dam safety modification project.
(c) Transfer.--The Secretary may transfer any real property
interests acquired under subsection (b) to any other Federal agency or
department without reimbursement.
(d) Isabella Dam Safety Modification Project Defined.--In this
section, the term ``Isabella Dam safety modification project'' means
the dam safety modification project at the Isabella Reservoir in the
San Joaquin Valley, California (authorized by Act of December 22, 1944
(chapter 665, 58 Stat. 901)), including the component of the project
relating to construction a visitor center facility.
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and ensure
coordination and information sharing with respect to--
(1) the project for flood risk management, Lower San
Joaquin River, authorized by section 1401(2) of the Water
Resources Development Act of 2018 (132 Stat. 3836); and
(2) the second phase of the feasibility study for the Lower
San Joaquin River project for flood risk management, authorized
for expedited completion by section 1203(a)(7) of the Water
Resources Development Act 2018 (132 Stat. 3803).
SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
The portion of project for flood control, Sacramento River,
California, authorized by section 2 of the Act of March 1, 1917
(chapter 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat.
1841; 113 Stat. 299), consisting of a riverbed gradient restoration
facility at the Glenn-Colusa Irrigation District Intake, is no longer
authorized beginning on the date of enactment of this Act.
SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
The portion of the project for flood control and navigation, San
Diego River and Mission Bay, San Diego County, California, authorized
by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), identified in
the National Levee Database established under section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) as the San Diego
River 3 segment and consisting of a 785-foot-long segment of the right
bank levee from Station 209+41.75 to its end at Station 217+26.75, as
described in construction plans dated August 30, 1951, is no longer
authorized beginning on the date of enactment of this Act.
SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
(a) In General.--Section 114 of the River and Harbor Act of 1968
(33 U.S.C. 59h) is amended to read as follows:
``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
``(a) Area To Be Declared Nonnavigable.--The following area is
declared to be nonnavigable waters of the United States: All of that
portion of the City and County of San Francisco, California, lying
shoreward of a line beginning at the intersection of the southerly
right of way line of Earl Street prolongation with the Pierhead United
States Government Pierhead line, the Pierhead line as defined in the
State of California Harbor and Navigation Code Section 1770, as amended
in 1961; thence northerly along said Pierhead line to its intersection
with a line parallel with and distant 10 feet easterly from, the
existing easterly boundary line of Pier 30-32; thence northerly along
said parallel line and its northerly prolongation, to a point of
intersection with a line parallel with, and distant 10 feet northerly
from, the existing northerly boundary of Pier 30-32; thence westerly
along last said parallel line to its intersection with said Pierhead
line; thence northerly along said Pierhead line, to the intersection of
the easterly right of way line of Van Ness Avenue, formerly Marlette
Street, prolongation to the Pierhead line.
``(b) Requirement That Area Be Improved.--The declaration of
nonnavigability under subsection (a) applies only to those parts of the
area described in subsection (a) that are or will be bulkheaded,
filled, or otherwise occupied or covered by permanent structures and
does not affect the applicability of any Federal statute or regulation
that relates to filling of navigable waters or to other regulated
activities within the area described in subsection (a), including
sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403),
section 404 of the Federal Water Pollution Control Act, and the
National Environmental Policy Act of 1969.
``(c) Inclusion of Embarcadero Historic District.--Congress finds
and declares that the area described in subsection (a) contains the
seawall, piers, and wharves that comprise the Embarcadero Historic
District listed on the National Register of Historic Places on May 12,
2006.''.
(b) Conforming Amendment.--Section 5052 of the Water Resources
Development Act of 2007 (33 U.S.C. 59h-1) is repealed.
SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER,
CALIFORNIA.
The portion of the project for flood protection on the Sacramento
River, authorized by section 2 of the of March 1, 1917 (chapter 144, 39
Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat. 647; 80 Stat. 1422),
consisting of the portion of the levee from G.P.S. coordinate
N2147673.584 E6690904.187 to N2147908.413 E6689057.060 associated with
the Western Pacific Interceptor Canal, is no longer authorized
beginning on the date of the enactment of this Act.
SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW
MEXICO, AND TEXAS.
Section 5056(f) of the Water Resources Development Act of 2007
(Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is amended by
striking ``2019'' and inserting ``2029''.
SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.
(a) In General.--The portion of the project for navigation, New
London Harbor, Connecticut, authorized by the first section of the Act
of June 13, 1902 (chapter 1079, 32 Stat. 333), described in subsection
(b) is no longer authorized beginning on the date of enactment of this
Act.
(b) Area Described.--The area referred to in subsection (a) is
generally the portion between and around the 2 piers at the State Pier
in New London, specifically the area--
(1) beginning at a point N691263.78, E1181259.26;
(2) running N 3501'50.75'' W about 955.59 feet to a point
N692046.26, E1180710.74;
(3) running N 5458'06.78'' E about 100.00 feet to a point
N692103.66, E1180792.62;
(4) running S 3501'50.75'' E about 989.8 feet to a point
N691293.17, E1181360.78; and
(5) running S 7351'15.45'' W about 105.69 feet to the
point described in paragraph (1).
SEC. 320. WILMINGTON HARBOR, DELAWARE.
It is the sense of Congress that the Corps of Engineers should
maintain the annual maintenance dredging for Wilmington Harbor,
Delaware, authorized by the Act of June 3, 1896 (chapter 314, 29 Stat.
207).
SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.
(a) Finding.--For the purposes of applying section 217(b) of the
Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) to the
Wilmington Harbor South Disposal Area, Delaware, the Secretary shall
find that the standard has been met for the Edgemoor expansion of the
Port of Wilmington, Delaware.
(b) Use.--Any use of the Wilmington Harbor South Disposal Area
permitted by the Secretary under section 217(b) for the Edgemoor
Expansion of the Port of Wilmington shall not otherwise reduce the
availability of capacity, in dredged material disposal facilities under
the jurisdiction of the Secretary that were constructed before the date
of enactment of this Act, for operation and maintenance of--
(1) the Delaware River Mainstem and Channel Deepening
project, Delaware, New Jersey, and Pennsylvania, authorized by
section 101(6) of the Water Resources Development Act of 1992
(106 Stat. 4802); or
(2) the Delaware River, Philadelphia to the Sea, project,
Delaware, New Jersey, Pennsylvania, authorized by the Act of
June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52
Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(c) Fee.--The Secretary shall impose on the non-Federal interest
for the Edgemoor Expansion of the Port of Wilmington a fee, under
section 217(b)(1)(B) of the Water Resources Development Act of 1996 (33
U.S.C. 2326a(b)(1)(B)), to recover capital, operation, and maintenance
costs associated with any use by the non-Federal interest of capacity
in the Wilmington Harbor South Disposal Area permitted by the Secretary
under section 217(b) of the Water Resources Development Act of 1996
pursuant to subsection (a) of this section.
(d) Agreement to Pay.--In accordance with section 217(a) of the
Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to
accommodate the dredged materials from operation and maintenance of the
Edgemoor Expansion of the Port of Wilmington, the Secretary provides
additional capacity at the Wilmington Harbor South Disposal Area, the
non-Federal interest for the Edgemoor Expansion of the Port of
Wilmington shall agree to pay, during the period of construction, all
costs associated with the construction of the additional capacity.
SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
Beginning on the date of enactment of this Act, the project for
navigation, Washington Harbor, District of Columbia, authorized by the
Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is modified to
reduce, in part, the authorized dimensions of the project, such that
the remaining authorized dimensions are as follows:
(1) A 200-foot-wide, 12-foot-deep channel with a center
line beginning at a point East 1,317,064.30 and North
440,373.32, thence to a point East 1,316,474.30 and North
440,028.31, thence to a point East 1,315,584.30 and North
439,388.30, thence to a point East 1,315,259.31 and North
438,908.30.
(2) A 200- to 300-foot-wide, 12-foot-deep transition area,
with a center line beginning at a point East 1,315,259.31 and
North 438,908.30 to a point East 1,315,044.31 and North
438,748.30.
(3) A 300-foot-wide, 15-foot-deep channel with a centerline
beginning a point East 1,315,044.31 and North 438,748.30,
thence to a point East 1,314,105.31 and North 438,124.79,
thence to a point East 1,311,973.30 and North 438,807.78,
thence to a point East 1,311,369.73 and North 438,577.42,
thence to a point East 1,311,015.73 and North 438,197.57,
thence to a point East 1,309,713.47 and North 435,678.91.
(4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
area, with a center line beginning at a point East 1,309,713.47
and North 435,678.91 to a point East 1,307,709.33 and North
434,488.25.
(5) A 400-foot-wide, 24-foot-deep channel with a centerline
beginning at a point East 1,307,709.33 and North 434,488.25,
thence to a point East 1,307,459.33 and North 434,173.25,
thence to a point East 1,306,476.82 and North 432,351.28,
thence to a point East 1,306,209.79 and North 431,460.21,
thence to a point at the end of the channel near Hains Point
East 1,305,997.63 and North 429,978.31.
SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER CONSERVATION
PLAN, FLORIDA.
(a) In General.--The project for ecosystem restoration, Big Cypress
Seminole Indian Reservation Water Conservation Plan, Florida,
authorized pursuant to section 528 of the Water Resources Development
Act of 1996 (110 Stat. 3767), is no longer authorized beginning on the
date of enactment of this Act.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to pay any damages awarded by the Armed
Services Board of Contract Appeals, or by a court of competent
jurisdiction, to a contractor relating to the adjudication of claims
arising from construction of the project described in subsection (a).
SEC. 324. CENTRAL EVERGLADES, FLORIDA.
The project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources Development Act of
2016 (130 Stat. 1713), is modified to include the project for ecosystem
restoration, Central and Southern Florida, Everglades Agricultural
Area, authorized by section 1308 of the Water Resources Development Act
of 2018 (132 Stat. 3819), and to authorize the Secretary to carry out
the project, as so combined, at a total combined cost of
$4,362,091,000.
SEC. 325. MIAMI RIVER, FLORIDA.
The portion of the project for navigation, Miami River, Florida,
authorized by the Act of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74
Stat. 481; 100 Stat. 4257), beginning at the existing railroad bascule
bridge and extending approximately 1,000 linear feet upstream to an
existing salinity barrier and flood control structure, is no longer
authorized beginning on the date of enactment of this Act.
SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.
(a) Designation.--The Moore Haven Lock and Dam, Moore Haven,
Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847,
46 Stat. 925; 49 Stat. 1032), shall be known and designated as the
``Julian Keen, Jr. Lock and Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Lock and Dam
referred to in subsection (a) shall be deemed to be a reference to the
``Julian Keen, Jr. Lock and Dam''.
SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER ST.
JOHNS RIVER BASIN, FLORIDA.
The portions of the project for flood control and other purposes,
Central and Southern Florida, authorized by section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), consisting of the Taylor Creek
Reservoir and Levee L-73, Section 1, within the Upper St. Johns River
Basin, Florida, are no longer authorized beginning on the date of
enactment of this Act.
SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE,
KENTUCKY.
(a) In General.--Subject to the availability of appropriations and
on request of the landowner, the Secretary shall extinguish any flowage
easement or portion of a flowage easement held by the United States on
developed land of the landowner at Rough River Lake, Kentucky--
(1) that is above 534 feet mean sea level; and
(2) for which the Secretary determines the flowage easement
or portion of the flowage easement is not required to address
backwater effects.
(b) No Liability.--The United States shall not be liable for any
damages to property or injuries to persons from flooding that may be
attributable to the operation and maintenance of Rough River Dam,
Kentucky, on land that was encumbered by a flowage easement
extinguished under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on plans to modify
the Calcasieu River and Pass Dredged Material Management Plan and
Supplemental Environmental Impact Statement (November 22, 2010 DMMP/
SEIS) to allow for the expansion of Dredged Material Placement
Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock
boundaries during planned rehabilitation of these facilities.
SEC. 330. CAMDEN HARBOR, MAINE.
(a) In General.--The portions of the project for navigation, Camden
Harbor, Maine, described in subsection (b) are no longer authorized
beginning on the date of enactment of this Act.
(b) Portions Described.--The portions referred to in subsection (a)
are the following:
(1) The portion of the 10-foot-deep inner harbor area,
authorized by the first section of the Act of March 3, 1873
(chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
50,621.75 square feet in area--
(A) starting at a point with coordinates
N197,640.07, E837,851.71;
(B) thence running S8443' 23.94''W about 381.51
feet to a point with coordinates N197,604.98,
E837,471.82;
(C) thence running N4347' 51.43''W about 270.26
feet to a point with coordinates N197,800.05,
E837,284.77;
(D) thence running S5902' 26.62''E about 219.18
feet to a point with coordinates N197,687.30,
E837,472.72;
(E) thence running S8150' 09.76''E about 144.70
feet to a point with coordinates N197,666.75,
E837,615.96;
(F) thence running N5727' 07.42''E about 317.32
feet to a point with coordinates N197,866.52,
E837,928.96; and
(G) thence running S1850' 04.48''W about 239.27
feet to the point described in subparagraph (A).
(2) The portion of the 14-foot-deep outer harbor area,
authorized by the first section of the Act of August 11, 1888
(25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square
feet in area--
(A) starting at a point with coordinates
N197,640.07, E837,851.71;
(B) thence running N1850' 04.48''E about 239.27
feet to a point with coordinates N197,866.53,
E837,928.96;
(C) thence running N5828' 51.05''E about 308.48
feet to a point with coordinates N198,027.79,
E838,191.93;
(D) thence running N8420' 01.88''E about 370.06
feet to a point with coordinates N198,064.33,
E838,560.18;
(E) thence running S0532' 03.42''E about 357.31
feet to a point with coordinates N197,708.68,
E838,594.64; and
(F) thence running S8443' 23.94''W about 746.08
feet to the point described in subparagraph (A).
SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.
(a) In General.--The project for navigation, Cape Porpoise Harbor,
Maine, authorized by section 101 of the River and Harbor Act of 1948
(62 Stat. 1172), is modified to designate the portion of the project
described in subsection (b) as a 6-foot-deep anchorage.
(b) Portion Described.--The portion of the project referred to in
subsection (a) is the approximately 192,235.63 square foot area
consisting of the 100-foot-wide and 6-foot-deep channel located within
the inner harbor--
(1) starting at a point with coordinates N 194,175.13, E
2,882,011.74;
(2) thence running N3346' 08.14''W about 914.57 feet to a
point with coordinates N 194,935.40, E 2,881,503.38;
(3) thence running N1241' 09.78''W about 1,026.40 feet to
a point with coordinates N 195,936.74, E 2,881,277.97;
(4) thence running N7718' 50.22''E about 100.00 feet to a
point with coordinates N 195,958.70, E 2,881,375.53;
(5) thence running S1241' 09.78''E about 1,007.79 feet to
a point with coordinates N 194,975.52, E 2,881,596.85;
(6) thence running S3346' 08.14''E about 895.96 feet to a
point with coordinates N 194,230.72, E 2,882,094.86; and
(7) thence running S5613' 51.86''W about 100.00 feet to
the point described in paragraph (1).
SEC. 332. BALTIMORE, MARYLAND.
The Secretary is authorized, in accordance with section 5 of Act of
June 22, 1936 (33 U.S.C. 701h), to accept funds contributed by a non-
Federal interest for dredging on irregular cycles of the Baltimore
Inner Harbor Approach Channel, Baltimore Harbor and Channels Federal
navigation project, authorized by section 101 of the River and Harbor
Act of 1958 (72 Stat. 297).
SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.
(a) Sense of Congress.--It is the sense of Congress that Thad
Cochran, whose selfless determination and tireless work, while serving
as a congressman and United States Senator from Mississippi for 45
years, contributed greatly to the realization and success of the
Tennessee-Tombigbee Waterway.
(b) Designation.--The navigation lock known as the ``Amory Lock'',
located at mile 371 on the Tennessee-Tombigbee Waterway, Mississippi,
and the dam associated with such lock, shall be known and designated as
the ``Thad Cochran Lock and Dam''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the lock and dam
referred to in subsection (b) shall be deemed to be a reference to the
``Thad Cochran Lock and Dam''.
SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
Section 1179(a) of the Water Resources Development Act of 2016 (130
Stat. 1675; 132 Stat. 3782) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting ``project
purposes, including'' before ``storage capacity''; and
(B) in subparagraph (C), by striking
``preliminary'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (6) through (11), respectively; and
(4) by inserting after paragraph (3) the following:
``(4) Justification.--In determining the economic
justification of a sediment management plan under paragraph
(2), the Secretary shall--
``(A) measure and include flooding, erosion, and
accretion damages both upstream and downstream of the
reservoir that are likely to occur as a result of
sediment management within the reservoir compared to
the damages that are likely to occur if the sediment
management plan is not implemented; and
``(B) include lifecycle costs and a 100-year period
of analysis.
``(5) Implementation.--As part of a sediment management
plan under paragraph (2), and in accordance with paragraph
(10), the Secretary may carry out sediment removal activities
at reservoirs owned and operated by the Secretary in the Upper
Missouri River Basin, or at reservoirs for which the Secretary
has flood control responsibilities under section 7 of the Act
of December 22, 1944 (33 U.S.C. 709), in the Upper Missouri
River Basin, in accordance with section 602 of the Water
Resources Development Act of 1986 (100 Stat. 4148; 110 Stat.
3758; 113 Stat. 295; 121 Stat. 1076) as if those reservoirs
were listed in subsection (a) of that section.''.
SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
The Secretary shall expedite the activities required to be carried
out under section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326) regarding the use of improvement dredging of the
Portsmouth Federal navigation project in Portsmouth, New Hampshire,
carried out pursuant to section 3 of the Act of August 13, 1946 (33
U.S.C. 426g), as a source of clean beach fill material to reinforce the
stone revetment at Nantasket Beach, Hull, Massachusetts.
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW JERSEY.
The Secretary shall--
(1) nullify the determination of the North Atlantic
Division of the Corps of Engineers that further activities to
carry out the feasibility study for a project for flood risk
management, Rahway, New Jersey, authorized by the resolution of
the Committee on Transportation and Infrastructure of the House
of Representatives adopted on March 24, 1998 (docket number
2548), is not warranted;
(2) identify an acceptable alternative to the project
described in paragraph (1) that could receive Federal support;
and
(3) carry out, and expedite the completion of, a
feasibility study for the acceptable alternative identified
under paragraph (2).
SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.
(a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43
U.S.C. 620a note) is amended by striking ``a total of two hundred
thousand acre-feet of''.
(b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public
Law 100-522 (43 U.S.C. 620a note) is amended--
(1) by striking ``200,000 acre-feet of'';
(2) by inserting ``and San Juan-Chama project'' after ``Rio
Grande system''; and
(3) by striking ``, in lieu of the water storage authorized
by section 5 of Public Law 97-140, to the extent that
contracting entities under section 5 of Public Law 97-140 no
longer require such storage''.
(c) Water Storage.--The Secretary shall--
(1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam,
New Mexico, to the extent that the necessary real property
interests have been acquired by any entity requesting such
storage; and
(2) amend the March 20, 1986, contract between the United
States of America and the Albuquerque Bernalillo County Water
Utility Authority (assigned by the City of Albuquerque, New
Mexico to the Albuquerque Bernalillo County Water Utility
Authority) for water storage space in Abiquiu Reservoir to
allow for storage by the Albuquerque Bernalillo County Water
Utility Authority of San Juan-Chama project water or native Rio
Grande system water up to elevation 6230.00 NGVD29.
(d) Storage Agreements With Users Other Than the Albuquerque
Bernalillo County Water Utility Authority.--The Secretary shall--
(1) retain or enter into new agreements with entities for a
proportionate allocation of 29,100 acre-feet of storage space
pursuant to section 5 of Public Law 97-140; and
(2) amend or enter into new storage agreements for storage
of San Juan-Chama project water or native Rio Grande system
water up to the space allocated for each entity's proportionate
share of San Juan-Chama water.
(e) Operations Documents.--The Secretary shall amend or revise any
existing operations documents, including the Water Control Manual or
operations plan for Abiquiu Reservoir, as necessary to meet the
requirements of this section.
(f) Limitations.--In carrying out this section, the following
limitations shall apply:
(1) The storage of native Rio Grande system water shall be
subject to the provisions of the Rio Grande Compact and the
resolutions of the Rio Grande Compact Commission.
(2) The storage of native Rio Grande system water shall
only be authorized to the extent that the necessary water
ownership and storage rights have been acquired by the entity
requesting such storage.
(3) The storage of native Rio Grande system water or San-
Juan Chama project water shall not interfere with the
authorized purposes of the Abiquiu Dam and Reservoir project.
(4) Each user of storage space, regardless of source of
water, shall pay for any increase in costs attributable to
storage of that user's water.
SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW YORK.
(a) In General.--The portion of the project for navigation,
Flushing Bay and Creek, New York, authorized by the first section of
the Act of March 3, 1905 (chapter 1482, 33 Stat. 1120; 52 Stat. 803; 76
Stat. 1174), described in subsection (b) is no longer authorized
beginning on the date of enactment of this Act.
(b) Portion Described.--The portion referred to in subsection (a)
is the portion from river mile 2.5 to river mile 2.9, as bounded by--
(1) the coordinates of--
(A) Latitude North 40 45' 45.61'' Longitude West
73 50' 20.19'';
(B) Latitude North 40 45' 47.02'' Longitude West
73 50' 10.80'';
(C) Latitude North 40 45' 26.71'' Longitude West
73 50' 10.85''; and
(D) Latitude North 40 45' 26.72'' Longitude West
73 50' 10.96''; and
(2) the New York Long Island State Plane (US Survey Feet,
NAD-83), as follows:
(A) Easting x1028866.501 Northing y217179.294;
(B) Easting x1029588.853 Northing y217322.675;
(C) Easting x1029588.853 Northing y215267.486; and
(D) Easting x1028964.587 Northing y215267.486.
SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH DAKOTA.
(a) In General.--The portion of the comprehensive plan for flood
control and other purposes in the Red River of the North drainage
basin, North Dakota, South Dakota, and Minnesota, authorized by section
203 of the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176),
consisting of clearing and rectification of the channel from mile 28.3
near Amenia to the mouth of the Rush River, known as Cass County Drain
No. 12, is no longer authorized beginning on the date of enactment of
this Act.
(b) Lower Branch Rush River.--The project for flood control, Lower
Branch Rush River, North Dakota, carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain
No. 2, is no longer authorized beginning on the date of enactment of
this Act.
SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL COVE,
RHODE ISLAND AND CONNECTICUT.
Beginning on the date of enactment of this Act, that portion of the
project for navigation, Pawcatuck River, Little Narragansett Bay and
Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2
of the Act of March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a
10-foot-deep, 16-acre anchorage area in Watch Hill Cove is no longer
authorized.
SEC. 341. HARRIS COUNTY, TEXAS.
Section 575 of the Water Resources Development Act of 1996 (110
Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
SEC. 342. CAP SANTE WATERWAY, WASHINGTON.
Beginning on the date of enactment of this Act, the project for
navigation, Cap Sante Waterway and Navigation Channel, Skagit County,
Washington, authorized by the Act of March 2, 1919 (chapter 95, 40
Stat. 1285), is modified to deauthorize the portion of the project
consisting of an approximately 334,434-foot area of the Federal channel
within Anacortes Harbor inside and directly adjacent to the Federal
breakwater and training wall structure, starting at a point with
coordinates N557015.552, E1210819.619, thence running S88 13'2.06''E
approximately 200 feet to a point with coordinates N557009.330,
E1211019.522, thence running S01 46'58.08''W approximately 578 feet to
a point with coordinates N556431.405, E1211001.534, thence running S49
49'50.23''W approximately 69 feet to a point with coordinates
N556387.076, E1210949.002, thence running S51 53'0.25''E approximately
35 feet to a point with coordinates N556365.662, E1210976.316, thence
running S49 38'58.48''W approximately 112 feet to a point with
coordinates N556292.989, E1210890.775, thence running N88 13'1.87''W
approximately 109 feet to a point with coordinates N556296.367,
E1210782.226, thence running S46 46'58.97''W approximately 141 feet to
a point with coordinates N556199.527, E1210679.164, thence running N88
13'1.77''W approximately 700 feet to a point with coordinates
N556221.305, E1209979.502, thence running N01 46'58.08''E approximately
250 feet to a point with coordinates N556471.184, E1209987.280, thence
running S88 13'1.77''E approximately 815 feet to a point with
coordinates N556445.828, E1210801.886, thence running N01 46'58.08''E
approximately 570 feet to the point of origin.
SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
Section 1119(b) of the Water Resources Development Act of 2018 (33
U.S.C. 2347 note) is amended by striking ``owned or operated by the
Secretary''.
SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.
Section 1203(g) of the Water Resources Development Act of 2018 (132
Stat. 3805) is amended, in the matter preceding paragraph (1), by
striking ``For fiscal years 2019 and 2020'' and inserting ``Until
September 30, 2024''.
SEC. 345. AQUATIC ECOSYSTEM RESTORATION.
For fiscal years 2021 through 2024, in carrying out section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), the
Secretary shall give priority to a project to restore and protect an
aquatic ecosystem or estuary that--
(1) is located in the South Platte River Basin;
(2) is located on a body of water that is identified by the
applicable State pursuant to section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)) as being
impaired;
(3) has the potential to provide flood risk management and
recreational benefits in addition to ecosystem restoration
benefits; and
(4) is located in a city with a population of 80,000 or
less.
SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c)(3) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking
``12'' and inserting ``16''.
SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.
Section 1149 of the Water Resources Development Act of 2016 (33
U.S.C. 1223 note) amended--
(1) by striking ``recreational'' in each place it appears
and inserting ``covered''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Covered navigation channel.--The term `covered
navigation channel' means a navigation channel that--
``(A) is federally marked or maintained;
``(B) is part of the Atlantic Intracoastal
Waterway; and
``(C) is adjacent to a marina.
``(2) Covered vessel.--The term `covered vessel' means a
recreational vessel or an uninspected passenger vessel, as such
terms are defined in section 2101 of title 46, United States
Code.''.
SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER BASIN.
(a) Definition of Covered Contract.--In this section, the term
``covered contract'' means a contract between any local governmental
entity and the Secretary for water supply storage in a Federal or non-
Federal hydropower lake within the Arkansas River Basin.
(b) Limitation.--For any new covered contract for a hydropower lake
that is entered into during the period beginning on the date of
enactment of this Act and ending on December 31, 2022, a local
governmental entity shall not pay more than 110 percent of the initial
principal cost for the acre-feet being sought for the new covered
contract for that hydropower lake.
SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN
CONTRACT CLAIMS.
In a case in which the Armed Services Board of Contract Appeals or
other court of competent jurisdiction has rendered a decision during
the period beginning on December 1, 2017, and ending on December 31,
2022, awarding damages to a contractor relating to the adjudication of
claims arising from the construction of an authorized water resources
development project, notwithstanding the terms of the Project
Partnership Agreement, the Secretary shall waive payment of the share
of the non-Federal interest of those damages, including attorney's
fees, if--
(1)(A) the contracting officer was instructed by the Corps
of Engineers to modify the terms of the contract or terminate
the contract; and
(B) the Armed Services Board of Contract Appeals or other
court of competent jurisdiction determined that the failure of
the contracting officer to timely take the action described in
subparagraph (A) was a material breach of the contract that
resulted in damages to the contractor awarded by the Armed
Services Board of Contract Appeals or the court, as applicable;
or
(2) the claims arose from construction of a project
deauthorized under this title.
SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.
Section 322 of the Water Resources Development Act of 1990 (33
U.S.C. 2324) is amended--
(1) in subsection (b), by striking ``2,000,000'' and
inserting ``3,000,000''; and
(2) in subsection (g)--
(A) by striking the period at the end and inserting
``; or'';
(B) by striking ``means a community'' and inserting
the following: ``means--
``(1) a community''; and
(C) by adding at the end the following:
``(2) a regional water system that serves a population of
less than 100,000, for which the per capita income is less than
the per capita income of not less than 50 percent of the
counties in the United States.''.
SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k) of the Water Resources Development Act of 1986 (33
U.S.C. 2213) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Renegotiation of terms.--
``(A) In general.--At the request of a non-Federal
interest, the Secretary and the non-Federal interest
may renegotiate the terms and conditions of an eligible
deferred payment, including--
``(i) permitting the non-Federal
contribution to be made without interest,
pursuant to paragraph (1);
``(ii) recalculation of the interest rate;
``(iii) full or partial forgiveness of
interest accrued during the period of
construction; and
``(iv) a credit against construction
interest for a non-Federal investment that
benefits the completion or performance of the
project or separable element.
``(B) Eligible deferred payment.--An eligible
deferred payment agreement under subparagraph (A) is an
agreement for which--
``(i) the non-Federal contribution was made
with interest;
``(ii) the period of project construction
exceeds 10 years from the execution of a
project partnership agreement or appropriation
of funds; and
``(iii) the construction interest exceeds
$45,000,000.
``(3) Credit for non-federal contribution.--
``(A) In general.--The Secretary is authorized to
credit any costs incurred by the non-Federal interest
(including in-kind contributions) to remedy a design or
construction deficiency of a covered project or
separable element toward the non-Federal share of the
cost of the covered project, if the Secretary
determines the remedy to be integral to the completion
or performance of the covered project.
``(B) Credit of costs.--If the non-Federal interest
incurs costs or in-kind contributions for a project to
remedy a design or construction deficiency of a project
or separable element which has a 100 percent Federal
cost share, and the Secretary determines the remedy to
be integral to the completion or performance of the
project, the Secretary is authorized to credit such
costs to any interest accrued on a deferred non-Federal
contribution.
``(4) Treatment of pre-payment.--Notwithstanding a deferred
payment agreement with a non-Federal interest, the Secretary
shall accept, without interest of any type, the repayment of a
non-Federal contribution for any eligible deferred payment
described in paragraph (2)(B) for which--
``(A) the non-Federal interest makes a payment of
at least $200 million for that eligible deferred
payment agreement on or before September 30, 2021; and
``(B) the non-Federal interest repays the remaining
principal by September 30, 2023.''.
SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Sacramento area, california.--Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1840) is amended to read as follows:
``(23) Sacramento area, california.--$45,000,000 for
regional water conservation, recycling, reliability, and
resiliency projects in Placer, El Dorado, and Sacramento
Counties and the San Juan Suburban Water District,
California.''.
(2) South perris, california.--Section 219(f)(52) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220) is amended by striking
``$25,000,000'' and inserting ``$50,000,000''.
(3) Madison and st. clair counties, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by
striking ``$10,000,000'' and inserting ``$45,000,000''.
(4) Southern and eastern kentucky.--Section 531 of the
Water Resources Development Act of 1996 (110 Stat. 3773; 113
Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended--
(A) in subsection (g), by inserting ``Boyd, Carter,
Elliott, Lincoln,'' after ``Lee,''; and
(B) in subsection (h), by striking ``$40,000,000''
and inserting ``$100,000,000''.
(5) Desoto county, mississippi.--Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257;
122 Stat. 1623) is amended by striking ``$75,000,000'' and
inserting ``$130,000,000''.
(6) Jackson county, mississippi.--Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
(A) in subsection (c)(5), by striking ``water
supply and'' and inserting ``water supply, projects for
stormwater and drainage systems, and''; and
(B) in subsection (e)(1), by striking
``$32,500,000'' and inserting ``$57,500,000''.
(7) St. louis, missouri.--Section 219(f)(32) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
337; 121 Stat. 1233) is amended by striking ``$35,000,000'' and
inserting ``$70,000,000''.
(8) Midwest city, oklahoma.--Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1266) is amended by striking
``$2,000,000'' and inserting ``$5,000,000''.
(9) South central pennsylvania.--Section 313 of the Water
Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat.
1146) is amended--
(A) in subsection (g)(1), by striking
``$200,000,000'' and inserting ``$400,000,000''; and
(B) in subsection (h)(2), by inserting ``Beaver,
Jefferson,'' after ``Washington,''.
(10) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
130 Stat. 1677; 132 Stat. 3818) is amended by striking
``$89,550,000'' and inserting ``$110,000,000''.
(11) El paso county, texas.--Section 219(f)(269) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1268) is amended by striking
``$25,000,000'' and inserting ``$75,000,000''.
(12) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is
amended--
(A) by striking the section heading and inserting
``western rural water.'';
(B) in subsection (b), by inserting ``Arizona,''
before ``rural Idaho'';
(C) in subsection (c), by inserting ``Arizona,''
before ``Idaho''; and
(D) in subsection (i), by striking ``for the period
beginning with fiscal year 2001, $435,000,000, to
remain available until expended.'' and inserting the
following: ``, to remain available until expended--
``(1) for the period beginning with fiscal year 2001,
$435,000,000 for Idaho, Montana, rural Nevada, New Mexico,
rural Utah, and Wyoming; and
``(2) $150,000,000 for Arizona.''.
(13) Central west virginia.--Section 571(h) of the Water
Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
1257) is amended by striking ``$20,000,000'' and inserting
``$100,000,000''.
(14) Southern west virginia.--Section 340(g) of the Water
Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
3727; 113 Stat. 320) is amended by striking ``$40,000,000'' and
inserting ``$120,000,000''.
(c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the
Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat.
1205) is amended by striking ``15'' and inserting ``20''.
(d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water
Resources Development Act of 2018 (132 Stat. 3821) is amended by
striking ``December 31, 2021'' and inserting ``September 30, 2024''.
SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.
(a) Water Supply.--The following project modifications for water
supply, as identified in the report entitled ``Report to Congress on
Future Water Resources Development'' dated February 2019, and submitted
to Congress on June 3, 2019, pursuant to section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress, are authorized to be carried out by the
Secretary substantially in accordance with the recommendations included
in such report pursuant to section 301(c) of the Water Supply Act of
1958 (43 U.S.C. 390b(c)) and as follows:
(1) Clarence cannon dam and mark twain lake project, salt
river, missouri.--
(A) In general.--The project for Clarence Cannon
Dam and Mark Twain Lake Project, Salt River, Missouri,
authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is
modified to release 5,600 acre-feet of future use water
supply storage to the Federal Government under water
supply contract No. DACW43-88-C-0036, and future
financial obligations for such volume of storage.
(B) Relief of certain obligations.--Upon execution
of the amendment required by subparagraph (C), the
State of Missouri shall be relieved of the obligation
to pay the percentage of the annual operation and
maintenance expense, the percentage of major
replacement cost, and the percentage of major
rehabilitation costs, of the joint use facilities of
the project described in subparagraph (A), that are
attributable to water supply storage space not being
used by the State during the period before the State
commences use of the storage space.
(C) Amendment to contract.--The Secretary shall
amend Water Supply Contract No. DACW43-88-C-0036, dated
March 10, 1988, between the United States and the State
of Missouri, to implement the modifications required
under subparagraphs (A) and (B).
(2) City of plattsburg.--
(A) In general.--The project for Smithville Lake,
Missouri, authorized pursuant to section 204 of the
Flood Control Act of 1965 (79 Stat. 1080), is modified
to release the City of Plattsburg, Missouri, from--
(i) 8,850 acre-feet of future water supply
storage contracts; and
(ii) future financial obligations for the
volume of storage described in clause (i).
(B) Amendment to contract.--The Secretary shall
amend water supply contract No. DACW41-73-C-0008,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(3) City of smithville.--
(A) In general.--The project for Smithville Lake,
Missouri, authorized pursuant to section 204 of the
Flood Control Act of 1965 (79 Stat. 1080), is modified
to release the City of Smithville, Missouri, from--
(i) 6,000 acre-feet of future water supply
storage contracts; and
(ii) future financial obligations for the
volume of storage described in clause (i).
(B) Amendment to contract.--The Secretary shall
amend water supply contract No. DACW-41-73-C-0007,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(b) Flood Risk Management.--The following project modifications for
flood risk management, as identified in a report entitled ``Report to
Congress on Future Water Resources Development'', and submitted to
Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary:
(1) Modification of the project for flood risk management,
lower Mississippi River, authorized by the Act of May 15, 1928
(chapter 569, 45 Stat. 534), to incorporate the Wolf River
Backwater and Nonconnah Creek levee systems into the project,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1575; 50 Stat. 881), subject to the determination
of the Secretary that such systems meet all requirements
applicable to such project.
(2) Modification of the project for flood risk management,
Red River below Denison Dam, Arkansas, Louisiana, and Texas,
authorized by the Act of June 28, 1938 (chapter 795, 52 Stat.
1219), to incorporate the Cherokee Park Levee into the project,
subject to the determination of the Secretary that such levee
meets all requirements applicable to such project.
SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.
(a) Expedited Completions.--
(1) Upper snake river basin.--The Secretary shall expedite,
in coordination with State, Tribal, and local authorities, the
completion of maintenance and repair activities for those
elements of the levee systems in the Upper Snake River Basin,
authorized pursuant to the Flood Control Act of 1950 (64 Stat.
179), that are operated and maintained by the Secretary.
(2) Lower missouri river basin.--The Secretary shall
expedite, in coordination with State and local authorities and
stakeholders, the completion of maintenance and repair
activities for those elements of the levee systems in the Lower
Missouri River Basin, authorized pursuant to the Pick-Sloan
Missouri River Basin Program (authorized by section 9(b) of the
Act of December 22, 1944 (chapter 665, 58 Stat. 891)) or the
Missouri River Bank Stabilization and Navigation project
(authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 19)), that are operated and maintained by the
Secretary.
(3) Coos bay north jetty system, oregon.--The Secretary
shall expedite, in coordination with State and local
authorities and stakeholders, the completion of maintenance and
repair activities for those elements of the Coos Bay North
Jetty system, Oregon, authorized by the first section of the
Act of January 21, 1927 (chapter 47, 44 Stat. 1014), that are
operated and maintained by the Secretary.
(4) Indian river inlet and bay, delaware.--The Secretary
shall expedite, in coordination with State and local
authorities, the completion of maintenance and repair
activities for the elements of the project for navigation,
Indian River Inlet and Bay, Delaware, authorized by the Act of
August 26, 1937 (chapter 832, 50 Stat. 846), that are operated
and maintained by the Secretary.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to comply with the requirements of any
Federal law in carrying out the activities required to be expedited by
this section.
SEC. 355. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) Muddy river, massachusetts.--The separable elements for
ecosystem restoration of the project for flood damage reduction
and environmental restoration, Muddy River, Brookline and
Boston, Massachusetts, authorized by section 522 of the Water
Resources Development Act of 2000 (114 Stat. 2656), and
deauthorized pursuant to section 6001 of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1345), are
authorized to be carried out by the Secretary, subject to
subsection (b).
(2) East chester creek, new york.--Notwithstanding section
1001 of the Water Resources Development Act of 1986 (33 U.S.C.
579a), the project for navigation, East Chester Creek, New
York, authorized by section 101 of the River and Harbor Act of
1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant
to section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579(a)), is authorized to be carried out by the
Secretary, subject to subsection (b).
(3) Christiansted harbor, united states virgin islands.--
Notwithstanding section 1002 of the Water Resources Development
Act of 1986 (100 Stat. 4221), the portion of the project for
navigation, Christiansted Harbor, St. Croix, United States
Virgin Islands, authorized by section 101 of the River and
Harbor Act of 1950 (64 Stat. 167), and deauthorized under
section 1002 of the Water Resources Development Act of 1986
(100 Stat. 4221), is authorized to be carried out by the
Secretary, subject to subsection (b).
(4) Charlotte amalie (st. thomas) harbor, united states
virgin islands.--Notwithstanding section 1002 of the Water
Resources Development Act of 1986 (100 Stat. 4221), the portion
of the project for navigation, Charlotte Amalie (St. Thomas)
Harbor, St. Thomas, United States Virgin Islands, authorized by
the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and
deauthorized under section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4221), is authorized to be
carried out by the Secretary, subject to subsection (b).
(b) Report to Congress.--The Secretary shall complete and submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a post-authorization change report (as such term is defined
in section 1132(d) of the Water Resources Development Act of 2016 (33
U.S.C. 2282e(d)) prior to carrying out a project identified in
subsection (a).
SEC. 356. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(b) Eufaula, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Eufaula, Alabama, all right, title, and interest of
the United States in and to the real property described in the
Department of the Army Lease No. DACW01-2-17-0747, containing
56.76 acres, more or less, and being a part of Tracts L-1268
(26.12 acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and
L1279 (10.36 acres) of the Walter F. George Lock and Dam and
Lake project.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The City of Eufaula, Alabama, shall pay
to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(c) Montgomery, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Montgomery, Alabama, all right, title, and interest
of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is the 62.38
acres of land and water under the primary jurisdiction of the
Secretary in the R.E. ``Bob'' Woodruff Project Area that is
covered by lease number DACW01-1-05-0037, including the parcels
and structure known as ``Powder Magazine''.
(3) Deadline.--To the extent practicable, the Secretary
shall complete the conveyance under this subsection by not
later than 180 days after the date of enactment of this Act.
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, to include retaining the
right to inundate with water any land transferred under this
subsection.
(5) Consideration.--The City of Montgomery, Alabama, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(d) Conveyance of Wilmington Harbor North Disposal Area,
Delaware.--
(1) In general.--As soon as practicable, the Secretary
shall complete the conveyance of the Wilmington Harbor North
Disposal Area confined disposal facility, Delaware, to the
State of Delaware.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The State of Delaware shall pay to the
Secretary an amount that is not less than the fair market value
of the property conveyed under this subsection, as determined
by the Secretary.
(e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to
the Massac-Metropolis Port District, Illinois, all right,
title, and interest of the United States in and to any real
property located north of the south bank of the Ohio River in
Massac County, Illinois, that is associated with the Ohio River
Lock and Dam 52.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The Massac-Metropolis Port District,
Illinois, shall pay to the Secretary an amount that is not less
than fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
(1) Conveyance authorized.--As soon as practicable after
the date of enactment of this Act, the Secretary shall, upon
request--
(A) convey, without consideration, to the City of
Minneapolis, Minnesota, or its designee, all or
substantially all of the real property owned by the
United States adjacent to or in the vicinity of the
Upper St. Anthony Falls Lock and Dam, subject to the
right of the Secretary to retain any easements in such
property solely to the extent necessary to continue to
operate and maintain the Upper St. Anthony Falls Lock
and Dam; and
(B) provide, without consideration, to the City or
its designee--
(i) access and use rights by license,
easement, or similar agreement, to any real
property and structures at the site of the
Upper St. Anthony Falls Lock and Dam that is
not conveyed under subparagraph (A); and
(ii) for any such property retained by the
Secretary, exclusive license or easement over
such property to allow the City or its designee
to construct, use, and operate amenities
thereon, and to utilize such property as a
comprehensive recreational, touristic, and
interpretive experience.
(2) Ownership and operation of lock and dam.--Ownership
rights to the Upper St. Anthony Falls Lock and Dam shall not be
conveyed under this subsection, and the Secretary shall retain
all rights to operate and maintain the Upper St. Anthony Falls
Lock and Dam.
(3) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(4) Upper st. anthony falls lock and dam defined.--In this
subsection, the term ``Upper St. Anthony Falls Lock and Dam''
means the lock and dam located on Mississippi River Mile 853.9
in Minneapolis, Minnesota.
(g) Clinton, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton, Missouri, without consideration, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) Property.--The property to be conveyed is a tract of
land situated in the S \1/2\ of Section 12 and the N \1/2\ of
Section 13, Township 41 North, Range 26 West of the Fifth
Principal Meridian, Henry County, Missouri, more particularly
described as follows: Beginning at the point of intersection of
the north line of said S \1/2\ of Section 12 and the easterly
right-of-way of State Highway No. 13; thence easterly along the
north line of said S \1/2\ to the northeast corner of the W \1/
2\ NW \1/4\ NE \1/4\ SW \1/4\ of said Section 12; thence
southerly along the east line of said W \1/2\ NW \1/4\ NE \1/4\
SW \1/4\ to the southeast corner thereof; thence easterly along
the north line of the S \1/2\ NE \1/4\ SW \1/4\ of said Section
12 to the southwest corner of the W \1/2\ NW \1/4\ NW \1/4\ SE
\1/4\ of said Section 12; thence in a northeasterly direction
to the northeast corner of said W \1/2\ NW \1/4\ NW \1/4\ SE
\1/4\ ; thence easterly along the north line of said S \1/2\ to
the westerly right-of-way of the County Road; thence in a
southeasterly and southerly direction along the westerly right-
of-way of said County Road approximately 2500 feet to the
center of Deer Creek; thence in a southwesterly direction along
the center of said Deer Creek, approximately 3900 feet to the
south line of said N \1/2\ of Section 13; thence westerly along
the south line of said N \1/2\ to the easterly right-of-way
line of the St. Louis-San Francisco Railroad; thence in a
northwesterly direction along the easterly right-of-way of said
railroad to the easterly right-of-way of said State Highway No.
13; thence in a northeasterly direction along the easterly
right-of-way of said State Highway No. 13 to the point of the
beginning; and including a roadway easement for ingress and
egress, described as a strip of land 80 feet in width, lying 40
feet on each side of the following described line, the initial
extremities of the following described strip being extended or
reduced as required to exactly adjoin the boundary lines which
they meet, situated in the S \1/2\ of Section 12, Township 41
North Range 26 West of the Fifth Principal Meridian, Henry
County, Missouri, more particularly described as follows:
Commencing at the center of said Section 12, thence
Sl24'56''W, 1265.52 feet to a point, thence N8829'02''W,
483.97 feet to the point of beginning of the strip of land
herein described; thence in a northeasterly direction along a
curve to the right, said curve having an initial tangent
bearing of N344'4l''E, a radius of 238.73 feet and an interior
angle of 6129'26'', an arc distance of 256.21 feet to a point;
thence N6514'07''E 218.58 feet to a point; thence in a
northeasterly direction along a curve to the left, having a
radius of 674.07 feet and an interior angle of 3600'01'', an
arc distance of 423.53 feet to a point; thence N2914'07''E,
417.87 feet to a point; thence northeasterly along a curve to
the right, having a radius of 818.51 feet and an interior angle
of 1430'01'', an arc distance of 207.15 feet to a point;
thence N4344'07''E, 57.00 feet to the southerly right-of-way
line of a county road, containing 2,948 acres, more or less;
Excluding therefrom a tract of land situated in the S \1/2\ of
said Section 12, said Township and Range, described as
commencing at the center of said Section 12; thence
S124'56''W, 1265.52 feet to the point of beginning of the
tract of land herein described; thence N8829'02''W, 1122.50
feet; thence S143'26''W, 872.62 feet; thence S8829'02''E,
1337.36 feet; thence Nl43'26''E, 872.62 feet; thence
N8829'02''W, 214.86 feet to the point of beginning, containing
26.79 acres, more or less. The above described tract contains,
in the aggregate, 177.69 acres, more or less.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(h) City of Clinton, Old Orchard Addition, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton, Missouri, all right, title, and interest
of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is Lot 28 in Old
Orchard Addition, a subdivision of the City of Clinton, Henry
County, Missouri, containing 0.36 acres, more or less,
including any improvements thereon.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including such
reservations, terms, and conditions as the Secretary determines
necessary to allow the United States to operate and maintain
the Harry S. Truman Reservoir Project.
(4) Consideration.--The City of Clinton, Missouri, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(i) Tri-County Levee District, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the Tri-County Levee District, Missouri, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the part of
Sections 1 and 12 Township 45 North Range 6 West of the 5th
P.M. in Montgomery County, Missouri, described as follows: A
tract of land being 60' wide and lying South and East of and
adjoining the centerline of the existing levee and being
described as follows: Commencing at the NW corner of Section
12, thence S 87 52' 35'' E 587.4', thence S 01 29' 25'' W
453.68' to the point of the beginning; said point being in the
center of the levee, thence with the centerline of the levee N
77 01' 30'' E 164.92', thence N 74 26' 55'' E 250.0', thence
N 72 27' 55'' E 270.0', thence N 69 06' 10'' E 300.0', thence
N 66 42' 15'' E 500.0', thence N 64 14' 30'' E 270.0', thence
N 61 09' 10'' E 800.0', thence N 60 58' 15'' E 1724.45',
thence leaving the centerline S 01 10' 35'' W 69.43', thence
parallel with the above described centerline S 60 58' 15'' W
1689.62', thence S 61 09' 10'' W 801.71', thence S 64 14'
30'' W 272.91', thence S 66 42' 15'' W 502.55', thence S 69
06' 10'' W 303.02', thence S 72 27' 55'' W 272.8', thence S
74 26' 55'' W 252.39', thence S 77 01' 30'' W 181.75', thence
leaving the South side of the levee N 01 26' 25'' E 61.96' to
the point of beginning and containing 5.89 acres more or less.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Tri-County Levee District,
Missouri, shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(j) Judge Joseph Barker, Jr., House, Ohio.--
(1) Non-federal entity.--In this subsection, the term
``non-Federal entity'' means the Friends of Joseph Barker, Jr.,
House, a nonprofit organization in the State of Ohio.
(2) Conveyance authorized.--
(A) In general.--Subject to paragraph (6), the
Secretary shall convey to the non-Federal entity,
without consideration, all right, title, and interest
of the United States in and to the property described
in paragraph (3)(A).
(B) Easement.--Upon conveyance of the property
under subparagraph (A), the Secretary shall provide to
the non-Federal entity, without consideration, an
easement over the property described in paragraph
(3)(B) for access to the conveyed property for as long
as the non-Federal entity is in legal possession of the
conveyed property.
(3) Descriptions of property.--
(A) In general.--The property referred to in
paragraph (2)(A) is the following (as in existence on
the date of enactment of this Act):
(i) Judge joseph barker, jr., house.--The
tract of land situated in the State of Ohio,
Washington County, on the Ohio River, and being
particularly bounded and described as follows:
Beginning at a point located on the southern
right-of-way line of Ohio Route 7, a new corner
to the land now or formerly owned by the United
States of America; thence, leaving the right-
of-way of said Route 7 and severing the land of
said United States of America parallel to and
approximately 10 feet easterly of the toe of
the existing dredge disposal berm,
southeasterly approximately 326 feet to a point
prior to the current Corps of Engineers access
to the dredging spoil area; thence,
northeasterly approximately 480 feet
paralleling the top of the slope to the
riverbank side of the house and approximately
25 feet northerly therefrom; thence, northwest
approximately 302 feet to a point in the
southern right-of-way of Ohio Route 7; thence
with the right-of-way of said Route 7,
southwesterly approximately 485 feet to the
point of beginning, containing approximately
3.51 acres.
(ii) Road tract.--The tract of land
situated in the State of Ohio, Washington
County, on the Ohio River, and being
particularly bounded and described as follows:
Beginning at a point located on the southern
right-of-way line of Ohio Route 7, a new corner
to the land now or formerly owned by the United
States of America; thence, leaving the right-
of-way of said Route 7 and severing the land of
said United States of America and with the
House Parcel southeasterly 25 feet; thence,
northeast, running parallel to said Route 7
right-of-way, approximately 994 feet to a point
of deflection; thence northeasterly 368 feet to
a point beyond the existing fence corner;
thence, east 140 feet to the edge of the
existing Willow Island access road; thence with
said access road, northwesterly approximately
62 feet to a point in the southern right-of-way
of Ohio Route 7; thence with the right-of-way
of said Route 7, southwesterly approximately
1,491 feet to the point of beginning,
containing approximately 1 acre.
(B) Easement.--The property referred to in
paragraph (2)(B) is the following: The tract of land
situated in the State of Ohio, Washington County, on
the Ohio River, and being particularly bounded and
described as follows: Beginning at a point at the
intersection of the southern right-of-way of Ohio Route
7 and the northeast side of the existing Willow Island
access road, a new corner to the land now or formerly
owned by the United States of America; thence,
southwest, running with said Route 7 right-of-way,
approximately 30 feet to a point on the southwest side
of the existing access road, and corner to the road
tract; thence with said access road and the line of the
road parcel, southeasterly approximately 62 feet to a
point; thence leaving the road parcel and crossing the
existing access road northeasterly approximately 30
feet to a point located on the northeast side of the
existing access road; thence, northwesterly
approximately 62 feet, to the point of beginning,
containing approximately 0.04 acre.
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(5) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used by
the non-Federal entity for a public purpose, all right, title,
and interest in and to the property shall revert, at the
discretion of the Secretary, to the United States.
(6) Requirements.--
(A) Improvements.--The Secretary shall make such
improvements and alterations to the property described
in paragraph (3)(A)(i) as the Secretary, in
consultation with the non-Federal entity and relevant
stakeholders, determines to be appropriate to
facilitate conveyance of the property and provision of
the easement under this subsection, subject to the
condition that the total cost of those improvements and
alterations undertaken by the Secretary shall be not
more than $120,000.
(B) Environmental assessment.--Before making a
conveyance under paragraph (2), the Secretary shall--
(i) conduct, with respect to the property
to be conveyed, an assessment of the
environmental condition of the property,
including an investigation of any potential
hazardous, toxic, or radioactive waste present
on such property; and
(ii) submit to the non-Federal entity a
report describing the results of such
assessment.
(C) Refusal by non-federal entity.--
(i) In general.--Upon review by the non-
Federal entity of the report under subparagraph
(B), the non-Federal entity may elect to refuse
the conveyance under this subsection.
(ii) Election.--An election under clause
(i)--
(I) shall be at the sole discretion
of the non-Federal entity; and
(II) shall be made by the non-
Federal entity by not later than the
date that is 30 days after the date of
submission of the report under
subparagraph (B)(ii).
(D) Dredged material placement activities.--The
Secretary shall--
(i) notify and coordinate with the non-
Federal entity and relevant stakeholders before
carrying out any dredged material placement
activities associated with the property
described in paragraph (3)(A) after the date on
which such property is conveyed under this
subsection; and
(ii) in carrying out a dredged material
placement activity under clause (i), act in
accordance with Engineer Manual EM 1110-2-5025
(or a subsequent version of that manual).
(7) Reservation of rights.--The Secretary may reserve and
retain from any conveyance under this subsection a right-of-way
or any other right that the Secretary determines to be
necessary for the operation and maintenance of the authorized
Federal channel along the Ohio River.
(8) Treatment.--Conveyance to the non-Federal entity under
this subsection of property described in paragraph (3)(A)(i)
shall satisfy all obligations of the Secretary with respect to
such property under--
(A) section 306101 of title 54, United States Code;
and
(B) section 306108 of title 54, United States Code,
with respect to the effects on the property of dredged
material placement activities carried out by the
Secretary after the date of the conveyances.
(9) Inapplicability.--Subtitle I of title 40, and chapter 4
of title 41, United States Code shall not apply to any
conveyance or easement provided under this subsection.
(k) Leaburg Fish Hatchery, Lane County, Oregon.--
(1) Conveyance authorized.--Subject to the provisions of
this subsection, the Secretary shall convey, without
consideration, to the State of Oregon, acting through the
Oregon Department of Fish and Wildlife, all right, title, and
interest of the United States in and to the real property
comprising the Leaburg Fish Hatchery, consisting of
approximately 21.55 acres, identified as tracts Q-1500, Q-
1501E, and 300E-1 and described in Department of the Army Lease
No. DACW57-1-18-0009, together with any improvements on the
property.
(2) Water rights.--The Secretary may transfer to the State
of Oregon, acting through the Oregon Department of Fish and
Wildlife, any water rights held by the United States that are
appurtenant to the property conveyed under this subsection.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including a condition that
all of the property conveyed under this subsection be used and
maintained by the State of Oregon for the purpose of operating
a fish hatchery in perpetuity.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used or
maintained by the State of Oregon for the purpose of operating
a fish hatchery in perpetuity, all or any portion of the
property, including any water rights transferred under this
subsection, shall, at the option of the Secretary, revert to
the United States.
(5) Savings clause.--If the State of Oregon does not accept
the conveyance under this subsection, the Secretary may dispose
of the property, including appurtenant water rights, under
subchapter III of chapter 5 of title 40, United States Code.
(l) Willamette Falls Locks, Willamette River, Oregon.--
(1) Definitions.--In this section:
(A) Real estate appendix.--The term ``real estate
appendix'' means Appendix A of the document published
by the District Commander of the Portland District of
the Corps of Engineers, titled ``Willamette Falls Locks
Willamette River Oregon Section 216 Disposition Study
with Integrated Environmental Assessment''.
(B) Receiving entity.--The term ``receiving
entity'' means an entity identified by the State of
Oregon, in consultation with the Willamette Falls Locks
Commission, to receive the conveyance under paragraph
(2).
(C) Willamette falls locks project.--The term
``Willamette Falls Locks project'' means the project
for navigation, Willamette Falls Locks, Willamette
River, Oregon, authorized by the Act of June 25, 1910
(36 Stat. 664, chapter 382).
(D) Willamette falls locks report.--The term
``Willamette Falls Locks report'' means the memorandum
of the Director of Civil Works with the subject
``Willamette Falls Locks (WFL), Willamette River Oregon
Section 216 Disposition Study with Integrated
Environmental Assessment (Study)'', dated July 11,
2019.
(2) Conveyance authorized.--The Secretary is authorized to
convey to the receiving entity, without consideration, all
right, title, and interest of the United States in and to any
land in which the Federal Government has a property interest
for the Willamette Falls Locks project, together with any
improvements on the land, subject to the requirements of this
subsection and in accordance with the Willamette Falls Locks
report.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Subject to existing easements and other interests.--The
conveyance of property under paragraph (2) shall be subject to
all existing deed reservations, easements, rights-of-way, and
leases that are in effect as of the date of the conveyance.
(5) Reversion.--If the Secretary determines that the
property conveyed under this subsection cease to be held in
public ownership, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(6) Requirements before conveyance.--
(A) Perpetual road easement.--Before making the
conveyance under paragraph (2), the Secretary shall
acquire a perpetual road easement from an adjacent
property owner for use of an access road, which
easement shall convey with the property conveyed under
such paragraph.
(B) Environmental compliance.--Before making the
conveyance under paragraph (2), in accordance with the
real estate appendix, the Secretary shall complete a
Phase 1 Environmental Site Assessment pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(C) Historic preservation.--The Secretary may enter
into a memorandum of agreement with the Oregon State
Historic Preservation Office and the Advisory Council
on Historic Preservation that identifies actions the
Secretary shall take before making the conveyance under
paragraph (2).
(D) Repairs.--Before making the conveyance under
paragraph (2), the Secretary shall carry out repairs to
address primary seismic and safety risks in accordance
with the recommendations approved in the Willamette
Falls Locks report.
(7) Deauthorization.--Beginning on the date on which the
Secretary makes the conveyance under paragraph (2), the
Willamette Falls Locks project is no longer authorized.
SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.
Section 3133(b) of the Water Resources Development Act of 2007 (121
Stat. 1141) is amended by adding at the end the following:
``(5) Termination.--The committee shall terminate on the
date that is 30 days after the date on which the committee
submits final recommendations to the Secretary.''.
SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.
(a) In General.--Section 705 of the Water Resources Development Act
of 2000 (114 Stat. 2696) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 702(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended by
inserting ``prepared under section 705(e) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2020)'' before the period at the end.
(2) Definitions.--Section 703 of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as
paragraphs (2) and (3), respectively.
SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.
(a) In General.--Section 905 of the Water Resources Development Act
of 2000 (114 Stat. 2709) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 902(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended by
inserting ``prepared under section 905(e) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2020)'' before the period at the end.
(2) Definitions.--Section 903 of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as
paragraphs (2) and (3), respectively.
SEC. 360. CONFORMING AMENDMENTS.
(a) Section 710 of the Water Resources Development Act of 1986 (33
U.S.C. 2264), and the item relating to such section in the table of
contents, are repealed.
(b) Section 1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579a) is amended--
(1) in subsection (b), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2); and
(2) by striking subsection (c).
(c) Section 1001 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282c) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Notwithstanding
the requirements of subsection (c), the Secretary'' and
inserting ``The Secretary'';
(B) by striking ``subsections (a) and (c)'' each
place it appears and inserting ``subsection (a)''; and
(C) by striking paragraph (4); and
(2) by striking subsection (c) and redesignating
subsections (d) through (g) as subsections (c) through (f),
respectively.
(d) Section 6003 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 579c), and the item relating to such section in the
table of contents, are repealed.
(e) Section 1301 of the Water Resources Development Act of 2016 (33
U.S.C. 579d), and the item relating to such section in the table of
contents, are repealed.
(f) Section 1302 of the Water Resources Development Act of 2016 (33
U.S.C. 579c-1), and the item relating to such section in the table of
contents, are repealed.
(g) Section 1301 of the Water Resources Development Act of 2018 (33
U.S.C. 579d-1), and the item relating to such section in the table of
contents, are repealed.
(h) Section 1302 of the Water Resources Development Act of 2018 (33
U.S.C. 579c-2), and the item relating to such section in the table of
contents, are repealed.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Port of Nome May 29, 2020 Federal: $378,908,000
Modifications Non-Federal: $126,325,000
Total: $505,233,000
------------------------------------------------------------------------
2. AK St. George Harbor August 13, Federal: $147,874,000
Improvement, St. 2020 Non-Federal: $16,508,000
George Total: $164,382,000
------------------------------------------------------------------------
3. AK Unalaska (Dutch February 7, Federal: $26,967,000
Harbor) Channels 2020 Non-Federal: $8,989,000
Total: $35,956,000
------------------------------------------------------------------------
4. CT New Haven Harbor May 7, 2020 Federal: $55,250,000
Navigation Non-Federal: $19,442,000
Improvement Total: $74,692,000
Project
------------------------------------------------------------------------
5. NY, New York and New April 23, Federal: $19,550,000
NJ Jersey Harbor 2020 Non-Federal: $6,520,000
Anchorages Total: $26,070,000
------------------------------------------------------------------------
6. TX Gulf Intracoastal October 23, Total: $414,144,000
Waterway, Brazos 2019
River Floodgates
and Colorado
River Locks
------------------------------------------------------------------------
7. TX Houston Ship April 23, Federal: $625,204,000
Channel Expansion 2020 Non-Federal: $260,431,000
Channel Total: $885,635,000
Improvement
Project, Harris,
Chambers, and
Galveston
Counties
------------------------------------------------------------------------
8. TX Matagorda Ship November 15, Federal: $140,156,000
Channel 2019 Non-Federal: $80,500,000
Improvement Total: $220,656,000
Project, Port
Lavaca
------------------------------------------------------------------------
9. VA Atlantic August 25, Federal: $102,755,000
Intracoastal 2020 Non-Federal: $0
Waterway, North Total: $102,755,000
Landing Bridge
Replacement
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AZ Little Colorado December 14, Federal: $54,260,000
River at Winslow, 2018 Non-Federal: $29,217,000
Navajo County Total: $83,477,000
------------------------------------------------------------------------
2. CA Westminster, East July 9, 2020 Federal: $324,905,000
Garden Grove, Non-Federal: $940,191,000
California Flood Total: $1,265,096,000
Risk Management
------------------------------------------------------------------------
3. CT, Westchester County May 7, 2020 Federal: $15,199,000
NY Streams, Byram Non-Federal: $15,199,000
River Basin, Total: $30,397,000
Fairfield County,
Connecticut, and
Westchester
County, New York
------------------------------------------------------------------------
4. KY Louisville October 27, Federal: $122,170,000
Metropolitan 2020 Non-Federal: $65,917,000
Flood Protection Total: $188,087,000
System
Reconstruction,
Jefferson and
Bullitt Counties
------------------------------------------------------------------------
5. ND Souris River Basin April 16, Federal: $59,582,915
Flood Risk 2019 Non-Federal: $32,364,085
Management Total: $91,947,000
------------------------------------------------------------------------
6. NJ Peckman River April 29, Federal: $98,137,000
Basin 2020 Non-Federal: $52,843,000
Total: $150,980,000
------------------------------------------------------------------------
7. NM Middle Rio Grande March 13, Federal: $201,944,451
Flood Protection, 2020 Non-Federal: $108,740,000
Bernalillo to Total: $310,684,000
Belen
------------------------------------------------------------------------
8. OK Tulsa and West- April 23, Federal: $89,311,000
Tulsa Levee 2020 Non-Federal: $48,091,000
System, Tulsa Total: $137,402,000
County
------------------------------------------------------------------------
9. PR Rio Culebrinas at August 17, Federal: $17,295,600
Aguiadilla and 2020 Non-Federal: $8,568,400
Aguada Total: $25,864,000
------------------------------------------------------------------------
10. PR Rio Guayanilla August 13, Federal: $103,422,000
Flood Risk 2020 Non-Federal: $55,689,000
Management, Total: $159,111,000
Guayanilla
------------------------------------------------------------------------
11. PR Rio Grande de November 18, Federal: $9,770,000
Manati Flood Risk 2020 Non-Federal: $4,520,000
Management, Total: $14,290,000
Ciales
------------------------------------------------------------------------
12. USVI Savan Gut, St. August 24, Federal: $48,658,100
Thomas 2020 Non-Federal: $25,455,900
Total: $74,114,000
------------------------------------------------------------------------
13. USVI Turpentine Run, August 17, Federal: $29,817,850
St. Thomas 2020 Non-Federal: $15,311,150
Total: $45,129,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. DE Delaware March 6, 2020 Initial Federal:
Beneficial Use of $66,464,000
Dredged Material Initial Non-Federal:
for the Delaware $35,789,000
River Total: $102,253,000
Renourishment Federal:
$120,023,000
Renourishment Non-Federal:
$120,023,000
Renourishment Total:
$240,046,000
------------------------------------------------------------------------
2. NJ New Jersey April 8, 2020 Initial Federal:
Beneficial Use of $84,071,000
Dredged Material Initial Non-Federal:
for the Delaware $45,270,000
River Total: $129,341,000
Renourishment Federal:
$85,495,000
Renourishment Non-Federal:
$85,495,000
Renourishment Total:
$170,990,000
------------------------------------------------------------------------
3. NJ Rahway River June 9, 2020 Federal: $48,322,000
Basin, New Jersey Non-Federal: $26,020,000
Coastal Storm Total: $74,342,000
Risk Management
------------------------------------------------------------------------
4. NJ Raritan Bay and August 25, Federal: $107,680,000
Sandy Hook Bay, 2020 Non-Federal: $57,981,000
Highlands Total: $165,661,000
------------------------------------------------------------------------
5. NY East Rockaway August 22, Initial Federal:
Inlet to Rockaway 2019 $638,460,000
Inlet and Jamaica Initial Non-Federal: $0
Bay, Atlantic Total: $638,460,000
Coast of New York Renourishment Federal:
$200,924,000
Renourishment Non-Federal:
$200,924,000
Renourishment Total:
$401,847,000
------------------------------------------------------------------------
6. NY Fire Island Inlet July 9, 2020 Initial Federal:
to Montauk Point, $1,576,790,000
New York Initial Non-Federal: $0
Reformulation Total: $1,576,790,000
Renourishment Federal:
$767,695,000
Renourishment Non-Federal:
$767,695,000
Renourishment Total:
$1,535,390,000
------------------------------------------------------------------------
7. NY Hashamomuck Cove December 9, Initial Federal:
Coastal Storm 2019 $11,920,000
Risk Management Initial Non-Federal:
$6,418,000
Total: $18,338,000
Renourishment Federal:
$24,237,000
Renourishment Non-Federal:
$24,237,000
Renourishment Total:
$48,474,000
------------------------------------------------------------------------
8. RI Pawcatuck River December 19, Federal: $37,679,000
Coastal Storm 2018 Non-Federal: $20,289,000
Risk Management Total: $57,968,000
Project
------------------------------------------------------------------------
9. VA Norfolk Coastal February 5, Federal: $942,920,000
Storm Risk 2019 Non-Federal: $507,730,000
Management Total: $1,450,650,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CO South Platte River July 29, 2019 Federal: $344,076,000
and Tributaries, Non-Federal: $206,197,000
Adams and Denver Total: $550,273,000
Counties
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Delta Islands and December 18, Federal: $17,251,000
Levees 2018 Non-Federal: $9,289,000
Total: $26,540,000
------------------------------------------------------------------------
2. CA Malibu Creek November 13, Federal: $172,249,000
Ecosystem 2020 Non-Federal: $106,960,000
Restoration, Los Total: $279,209,000
Angeles and
Ventura Counties
------------------------------------------------------------------------
3. CA Yuba River June 20, 2019 Federal: $66,975,000
Ecosystem Non-Federal: $36,064,000
Restoration Total: $103,039,000
------------------------------------------------------------------------
4. CO, Rio Grande, August 5, Federal: $16,998,000
NM, TX Environmental 2019 Non-Federal: $9,153,000
Management Total: $26,151,000
Program, Sandia
Pueblo to Isleta
Pueblo, New
Mexico, Ecosystem
Restoration
------------------------------------------------------------------------
5. FL Comprehensive April 8, 2020 Federal: $379,583,000
Everglades Non-Federal: $375,737,000
Restoration Plan, Total: $755,320,000
Loxahatchee River
Watershed
Restoration
Project, Martin
and Palm Beach
Counties
------------------------------------------------------------------------
6. IA, Grand River Basin November 18, Federal: $78,876,000
MO Ecosystem 2020 Non-Federal: $42,471,000
Restoration Total: $121,347,000
------------------------------------------------------------------------
7. IL The Great Lakes May 23, 2019 Federal: $557,730,550
and Mississippi Non-Federal: $300,316,450
River Interbasin Total: $858,047,000
Study - Brandon
Road, Will County
------------------------------------------------------------------------
8. IL South Fork of the July 9, 2020 Federal: $11,657,000
South Branch of Non-Federal: $6,277,000
the Chicago Total: $17,934,000
River, Bubbly
Creek, Ecosystem
Restoration
------------------------------------------------------------------------
9. MD Anacostia December 19, Federal: $25,866,750
Watershed 2018 Non-Federal: $13,928,250
Restoration, Total: $39,795,000
Prince George's
County
------------------------------------------------------------------------
10. MO St. Louis November 1, Federal: $61,362,893
Riverfront- 2019 Non-Federal: $33,042,107
Meramec River Total: $94,405,000
Basin Ecosystem
Restoration
------------------------------------------------------------------------
11. NY, Hudson-Raritan May 26, 2020 Federal: $273,933,000
NJ Estuary Ecosystem Non-Federal: $147,502,000
Restoration Total: $421,435,000
------------------------------------------------------------------------
12. NY Hudson River November 19, Federal: $33,479,000
Habitat 2020 Non-Federal: $11,159,000
Restoration Total: $44,638,000
------------------------------------------------------------------------
13. TX Jefferson County September 12, Federal: $38,942,000
Ecosystem 2019 Non-Federal: $20,969,000
Restoration Total: $59,911,000
------------------------------------------------------------------------
(6) Water supply.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River December 18, Federal: $0
Basin Review 2019 Non-Federal: $0
Reallocation, Total: $0
------------------------------------------------------------------------
(7) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA San Luis Rey Flood July 24, 2020 Federal: $143,407,500
Control Project, Non-Federal: $47,802,500
San Diego County Total: $191,210,000
------------------------------------------------------------------------
2. FL Caloosahatchee July 24, 2020 Federal: $514,999,000
River West Basin Non-Federal: $514,999,000
Storage Reservoir Total: $1,029,998,000
(C-43 WBSR)
------------------------------------------------------------------------
3. FL Central and September 15, Federal: $66,736,500
Southern Florida, 2020 Non-Federal: $66,736,500
Canal 111 (C-111) Total: $133,473,000
South Dade
Project
------------------------------------------------------------------------
4. KY Kentucky Lock June 9, 2020 Total: $1,166,809,000
------------------------------------------------------------------------
5. NC Carolina Beach June 16, 2020 Federal: $25,125,000
Integrated Beach Non-Federal: $25,125,000
Renourishment Total: $50,250,000
------------------------------------------------------------------------
6. NC Wrightsville Beach July 2, 2020 Federal: $60,068,000
Non-Federal: $18,486,000
Total: $78,554,000
Renourishment Federal:
$18,918,900
Renourishment Non-Federal:
$10,187,100
Renourishment Total:
$29,106,000
------------------------------------------------------------------------
7. TX Corpus Christi May 4, 2020 Federal: $406,343,000
Ship Channel, Non-Federal: $275,274,000
Deepening and Total: $681,617,000
Widening and
Barge Shelves
------------------------------------------------------------------------
8. VA Atlantic October 19, Federal: $59,500,000
Intracoastal 2020 Non-Federal: $0
Waterway Deep Total: $59,500,000
Creek Bridge
Replacement
------------------------------------------------------------------------
SEC. 402. SPECIAL RULES.
(a) Great Lakes and Mississippi River Interbasin Project, Brandon
Road, Will County, Illinois.--The Secretary shall carry out the project
for ecosystem restoration, Great Lakes and Mississippi River Interbasin
project, Brandon Road, Will County, Illinois, authorized by section 401
of this Act, substantially in accordance with the terms and conditions
described in the Report of the Chief of Engineers, dated May 23, 2019,
with the following modifications:
(1) The Federal share of the cost of construction shall be
80 percent.
(2) The Secretary may include the addition or substitution
of technologies or measures not described in the report, as the
Secretary determines to be advisable.
(b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
Reformulation, New York.--The project for hurricane and storm damage
reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay,
Atlantic Coast of New York, authorized by section 401 of this Act,
shall be considered to be a continuation of the interim response to the
authorization by the House of Representatives dated September 20, 1997,
and the authorization under the heading ``Department of the Army--Corps
of Engineers--Civil--Construction'' under chapter 4 of title X of the
Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
(c) Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma.--For
the project for flood risk management, Tulsa and West-Tulsa Levee
System, Tulsa County, Oklahoma, authorized by section 401 of this Act,
the non-Federal contribution for the project shall be financed over a
period of 30 years from the date of completion of the project, in
accordance with section 103(k) of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(k)).
(d) Willamette River Basin Review Reallocation Study.--The
Secretary shall carry out the project for water supply, Willamette
River Basin Review Reallocation, Oregon, authorized by section 401 of
this Act, substantially in accordance with the terms and conditions
described in the Report of the Chief of Engineers, dated December 18,
2019, with the following modifications:
(1) The Secretary shall meet the obligations of the Corps
of Engineers under the Endangered Species Act of 1973 by
complying with the June 2019 NMFS Willamette Basin Review Study
Biological Opinion Reasonable and Prudent Alternative until
such time, if any, as it is modified or replaced, in whole or
in part, through the consultation process under section 7(a) of
the Endangered Species Act of 1973.
(2) The Secretary may reallocate not more than 10 percent
of overall storage in the joint conservation pool, as
authorized by this Act and without further congressional
action, if such reallocation is consistent with the ongoing
consultation under section 7(a) of the Endangered Species Act
of 1973 related to Willamette Valley System operations.
(3) The Secretary shall ensure that the revised
reallocation is not reallocated from a single storage use, does
not seriously affect authorized project purposes, and does not
otherwise involve major operational changes to the project.
(e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 of the
Water Resources Development Act of 2007 (121 Stat. 1242) is amended by
striking ``$150,000,000'' and inserting ``$255,816,000''.
SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY STUDIES
PREPARED BY NON-FEDERAL INTERESTS.
(a) In General.--The Secretary is authorized to carry out the
following projects for water resources development and conservation and
other purposes, subject to subsection (b):
(1) Fort pierce, st. lucie county, florida.--The project
for hurricane and storm damage reduction, Fort Pierce, St.
Lucie County, Florida, as described in the review assessment of
the Secretary, titled ``Review Assessment of St. Lucie County,
Florida Fort Pierce Shore Protection Project Section 203
Integrated Feasibility Study and Environmental Assessment (June
2018)'' and dated July 2018, at a total cost of $33,107,639,
and at an estimated total cost of $97,958,972 for periodic
nourishment over the 50-year life of the project.
(2) Baptiste collette bayou, louisiana.--The project for
navigation, Baptiste Collette Bayou, Louisiana, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Plaquemines Parish Government's Section 203 Study
Baptiste Collette Bayou Navigation Channel Deepening Project
Integrated Feasibility Study and Environmental Assessment
(January 2017, Amended April 2018)'' and dated June 2018, at a
total cost of $44,920,000.
(3) Houma navigation canal, louisiana.--The project for
navigation, Houma Navigation Canal, Louisiana, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Houma Navigation Canal Deepening Project Section
203 Integrated Feasibility Report and DRAFT Environmental
Impact Statement (June 2018)'' and dated July 2018, at a total
cost of $253,458,000.
(4) Port fourchon belle pass channel, louisiana.--The
project for navigation, Port Fourchon Belle Pass Channel,
Louisiana, as described in the review assessment of the
Secretary, titled ``Review Assessment of Port Fourchon Belle
Pass Channel Deepening Project Section 203 Feasibility Study
(January 2019, revised January 2020)'' and dated April 2020, at
a total cost of $95,483,000.
(5) Wilmington harbor, north carolina.--The project for
navigation, Wilmington Harbor, North Carolina, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Wilmington Harbor, North Carolina Navigation
Improvement Project Integrated Section 203 Study &
Environmental Report (February 2020)'' and dated May 2020, at a
total cost of $834,093,000.
(6) Chacon creek, texas.--The project for flood risk
management, ecosystem restoration, and other purposes, Chacon
Creek, Texas, as described in the review assessment of the
Secretary, titled ``Review Assessment of Chacon Creek, Texas
Section 203 Integrated Feasibility Report and DRAFT
Environmental Assessment (August 2018)'' and dated September
2018, at a total cost of $51,973,000.
(b) Requirements.--The Secretary may only carry out a project
authorized under subsection (a)--
(1) substantially in accordance with the applicable review
assessment for the project submitted by the Secretary under
section 203(c) of the Water Resources Development Act of 1986,
as identified in subsection (a) of this section, and subject to
such modifications or conditions as the Secretary considers
appropriate and identifies in a final assessment that addresses
the concerns, recommendations, and conditions identified by the
Secretary in the applicable review assessment; and
(2) after the Secretary transmits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate such final assessment.
TITLE V--OTHER MATTERS
SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.
(a) In General.--The Secretary shall periodically update the
Invasive Species Policy Guidance, developed under section 104 of the
River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
seq.), in accordance with the most recent National Invasive Species
Council Management Plan developed pursuant to Executive Order 13112.
(b) Inclusion.--The Secretary may include in the updated guidance
invasive species specific efforts at federally authorized water
resources development projects located in--
(1) high-altitude lakes; and
(2) the Tennessee and Cumberland River basins.
SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.
Section 1108 of the Water Resources Development Act of 2018 (33
U.S.C. 2263a) is amended--
(1) in subsection (a)--
(A) by striking ``management'' and inserting
``prevention, management,''; and
(B) by inserting ``, elodea, quagga mussels,''
after ``Asian carp''; and
(2) in subsection (b)--
(A) by inserting ``or could be impacted in the
future'' after ``impacted''; and
(B) by striking ``Pacific'' and all that follows
through the period at the end and inserting ``Pacific,
Arctic, and Gulf Coasts, the Great Lakes, and
reservoirs operated and maintained by the Secretary.''.
SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.
(a) In General.--The Secretary shall carry out a pilot program, in
consultation with the Federal Interagency Committee for the Management
of Noxious and Exotic Weeds, to identify and develop new and improved
strategies for terrestrial noxious weed control on Federal land under
the jurisdiction of the Secretary.
(b) Partnerships.--In carrying out the pilot program under
subsection (a), the Secretary shall act in partnership with such other
individuals and entities as the Secretary determines to be appropriate.
(c) Cooperative Agreements.--The Secretary may utilize cooperative
agreements with county and State agencies for the implementation of the
pilot program under subsection (a).
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall provide 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 describing the new and improved strategies developed through the
pilot program under subsection (a).
SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
MANAGEMENT.
Section 528(f)(2) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively;
(2) by inserting after subparagraph (H) the following:
``(I) shall, using existing amounts appropriated to
the Task Force, develop and update, as appropriate, a
priority list of invasive species that--
``(i) reflects an assessment of ecological
risk that the listed invasive species
represent;
``(ii) includes populations of invasive
plants and animals that--
``(I) are significantly impacting
the structure and function of
ecological communities, native species,
or habitat within the South Florida
ecosystem; or
``(II) demonstrate a strong
potential to reduce, obscure, or
otherwise alter key indicators used to
measure Everglades restoration
progress; and
``(iii) shall be used by the Task Force and
agencies and entities represented on the Task
Force to focus cooperative and collaborative
efforts--
``(I) to guide applied research;
``(II) to develop innovative
strategies and tools to facilitate
improved management, control, or
eradication of listed invasive species;
``(III) to implement specific
management, control, or eradication
activities at the appropriate
periodicity and intensity necessary to
reduce or neutralize the impacts of
listed invasive species, including the
use of qualified skilled volunteers
when appropriate; and
``(IV) to develop innovative
strategies and tools to prevent future
introductions of nonnative species;'';
(3) in subparagraph (J) (as so redesignated), by striking
``ecosystem'' and inserting ``ecosystem, including the
activities described in subparagraph (I)''; and
(4) in clause (i) of subparagraph (K) (as so redesignated),
by inserting ``, including the priority list under subparagraph
(I) and the activities described in that subparagraph'' after
``Task Force''.
SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``this section $110,000,000''
and inserting ``this section (except for
subsections (f) and (g)) $130,000,000'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(D) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(iv); and
``(E) $10,000,000 shall be made available to carry
out subsection (d)(1)(A)(v).'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Other programs.--
``(A) In general.--There are authorized to be
appropriated--
``(i) $10,000,000 for each of fiscal years
2021 through 2024 to carry out subsection (f);
and
``(ii) $50,000,000 for each of fiscal years
2021 through 2024 to carry out subsection
(g)(2).
``(B) Invasive plant species pilot program.--There
is authorized to be appropriated to the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service, $10,000,000 to carry
out subsection (g)(3).''; and
(D) in paragraph (3) (as so redesignated), by
inserting ``or (2)(A)'' after ``paragraph (1)'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Decontamination'' after ``Inspection'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
inserting ``and decontamination'' after
``inspection'';
(II) in clause (ii), by striking
``and'' at the end;
(III) in clause (iii), by striking
``Arizona River Basins.'' and inserting
``Arkansas River Basins;''; and
(IV) by adding at the end the
following:
``(iv) to protect the Russian River Basin,
California; and
``(v) to protect basins and watersheds that
adjoin an international border between the
United States and Canada.''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Locations.--The Secretary shall place
watercraft inspection and decontamination stations
under subparagraph (A) at locations with the highest
likelihood of preventing the spread of aquatic invasive
species into and out of waters of the United States, as
determined by the Secretary in consultation with the
Governors and entities described in paragraph (3).'';
(C) in paragraph (3)(A), by striking ``(iii)'' and
inserting ``(v)''; and
(D) by striking ``watercraft inspection stations''
each place it appears and inserting ``watercraft
inspection and decontamination stations''; and
(3) by adding at the end the following:
``(f) Invasive Species Management Pilot Program.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term in
section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
to invasive species (February 3, 1999)) (as amended by section
2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to
safeguarding the Nation from the impacts of invasive species
(December 5, 2016))).
``(2) Development of plans.--The Secretary, in coordination
with the Aquatic Nuisance Species Task Force, shall carry out a
pilot program under which the Secretary shall collaborate with
States in the Upper Missouri River Basin in developing
voluntary aquatic invasive species management plans to mitigate
the effects of invasive species on public infrastructure
facilities located on reservoirs of the Corps of Engineers in
those States.
``(3) Management plan.--
``(A) In general.--The Secretary, in consultation
with the Governor of each State in the Upper Missouri
River Basin that elects to participate in the pilot
program, shall prepare a management plan, or update or
expand an existing plan, for each participating State
that identifies public infrastructure facilities
located on reservoirs of the Corps of Engineers in
those States that--
``(i) are affected by aquatic invasive
species; and
``(ii) need financial and technical
assistance in order to maintain operations.
``(B) Use of existing plans.--In developing a
management plan under subparagraph (A), the Secretary
shall consider a management plan submitted by a
participating State under section 1204(a) of the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)).
``(4) Termination of authority.--The authority provided
under this subsection shall terminate on September 30, 2024.
``(g) Invasive Species Prevention, Control, and Eradication.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term in
section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
to invasive species (February 3, 1999)) (as amended by section
2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to
safeguarding the Nation from the impacts of invasive species
(December 5, 2016))).
``(2) Invasive species partnerships.--
``(A) In general.--The Secretary may enter into
partnerships with applicable States and other Federal
agencies to carry out actions to prevent the
introduction of, control, or eradicate, to the maximum
extent practicable, invasive species that adversely
impact water quantity or water quality in the Platte
River Basin, the Upper Colorado River Basin, the Upper
Snake River Basin, and the Upper Missouri River Basin.
``(B) Prioritization.--In selecting actions to
carry out under a partnership under subparagraph (A),
the Secretary shall give priority to projects that are
intended to control or eradicate the Russian olive
(Elaeagnus angustifolia) or saltcedar (of the genus
Tamarix).
``(3) Invasive plant species pilot program.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means a partnership between or among 2
or more entities that--
``(I) includes--
``(aa) at least 1 flood
control district; and
``(bb) at least 1 city,
county, township, town,
borough, parish, village, or
other general purpose political
subdivision of a State or
Indian Tribe (as defined in
section 4 of the Indian Self-
Determination and Education
Assistance Act (25 U.S.C.
5304)); and
``(II) may include any other entity
(such as a nonprofit organization or
institution of higher education), as
determined by the Secretary.
``(ii) Invasive plant species.--The term
`invasive plant species' means a plant that is
nonnative to the ecosystem under consideration,
the introduction of which causes or is likely
to cause economic harm or harm to human health.
``(B) Pilot program.--The Secretary of the
Interior, acting through the Director of the United
States Fish and Wildlife Service, shall establish a
pilot program under which such Secretary shall work
with eligible entities to carry out activities--
``(i) to remove invasive plant species in
riparian areas that contribute to drought
conditions in--
``(I) the Lower Colorado River
Basin;
``(II) the Rio Grande River Basin;
``(III) the Texas Gulf Coast Basin;
and
``(IV) the Arkansas-White-Red
Basin;
``(ii) where appropriate, to replace the
invasive plant species described in clause (i)
with ecologically suitable native species; and
``(iii) to maintain and monitor riparian
areas in which activities are carried out under
clauses (i) and (ii).
``(C) Report to congress.--Not later than 18 months
after the date of enactment of this subsection, the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, 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
describing the implementation of the pilot program.
``(D) Termination of authority.--The authority
provided under this paragraph shall terminate on
September 30, 2024.
``(4) Cost share.--The Federal share of an action carried
out under a partnership under paragraph (2) or an activity
carried out under the pilot program under paragraph (3) shall
not exceed 80 percent of the total cost of the action or
activity.''.
SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.
Section 1039(b) of the Water Resources Reform and Development Act
of 2014 (16 U.S.C. 4701 note) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``upper
mississippi and ohio river basins and tributaries'' and
inserting ``mississippi river and tributaries,
including sub-basins'';
(B) in subparagraph (A), by striking ``Upper
Mississippi and Ohio River basins and tributaries'' and
inserting ``Mississippi River and tributaries,
including the 6 sub-basins of the River,''; and
(C) in subparagraph (B), by striking ``and the
document prepared'' and all that follows through
``February 2012.'' and inserting ``the Mississippi
River Basin Asian Carp Control Strategy Framework, and
the Asian Carp Regional Coordinating Committee's Asian
Carp Action Plan.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``December 31 of each
year'' and inserting ``December 31, 2020, and
biennially thereafter''; and
(ii) by striking ``Upper Mississippi and
Ohio River basins and tributaries'' and
inserting ``Mississippi River and tributaries,
including the 6 sub-basins of the River''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Upper
Mississippi and Ohio River basins and
tributaries'' and inserting ``Mississippi River
and tributaries, including the 6 sub-basins of
the River,''; and
(ii) in clause (ii), by striking ``Upper
Mississippi and Ohio River basins and
tributaries'' and inserting ``Mississippi River
and tributaries, including the 6 sub-basins of
the River''.
SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, shall
establish a pilot program (referred to in this section as the ``pilot
program'') to develop and carry out effective measures necessary to
prevent, control, or eradicate aquatic invasive species in alpine lakes
that are not located within a unit of the National Park System.
(b) Partnerships.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, shall
offer to enter into a partnership to carry out the pilot program with--
(1) any relevant partnering Federal agency; and
(2) any relevant compact agency organized with the consent
of Congress under article I, section 10 of the Constitution of
the United States.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program $25,000,000 for the period
of fiscal years 2022 through 2024.
SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.
(a) Grant Authority.--The Secretary of the Interior, acting through
the Director of the Fish and Wildlife Service, and in consultation with
all relevant Federal agencies, shall establish a pilot program to
provide financial assistance to States for management, research, and
public education activities necessary to--
(1) eradicate the Asian giant hornet; and
(2) restore bee populations damaged by the Asian giant
hornet.
(b) Eligibility.--A State is eligible to receive financial
assistance under this section if the State has demonstrated to the
Secretary of the Interior sufficient need to implement measures to
eradicate the Asian giant hornet.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities carried out under the pilot program may not exceed
75 percent of the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities carried out under the pilot program may be
provided in the form of in-kind contributions of materials or
services.
(d) Limitation on Administrative Expenses.--Not more than 5 percent
of financial assistance provided by the Secretary of the Interior under
this section may be used for administrative expenses.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out the pilot
program $4,000,000 for each of fiscal years 2021 through 2025.
(f) Definitions.--In this section:
(1) Asian giant hornet.--The term ``Asian giant hornet''
means a Vespa mandarinia.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
insular possessions of the United States.
(g) Sunset.--The authority under this section shall terminate on
the date that is 5 years after the date of enactment of this Act.
SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
(a) Corps of Engineers Asian Carp Prevention Pilot Program.--
(1) In general.--The Secretary, in conjunction with the
Tennessee Valley Authority and other relevant Federal agencies,
shall carry out an Asian carp prevention pilot program to carry
out projects to manage and prevent the spread of Asian carp
using innovative technologies, methods, and measures.
(2) Project selection.--
(A) Location.--Each project under the pilot program
shall be carried out in a river system or reservoir in
the Cumberland River Watershed or Tennessee River
Watershed in which Asian carp populations are expanding
or have been documented.
(B) Consultation.--In selecting projects to carry
out under the pilot program, the Secretary shall
consult with--
(i) applicable Federal, State, and local
agencies;
(ii) institutions of higher education; and
(iii) relevant private organizations,
including nonprofit organizations.
(C) Limitations.--
(i) Number of projects.--The Secretary may
select not more than 10 projects to carry out
under the pilot program.
(ii) Deadline.--Not later than September
30, 2024, the Secretary shall complete projects
selected to be carried out under the pilot
program.
(3) Best practices.--In carrying out the pilot program, to
the maximum extent practicable, the Secretary shall consider
existing best practices, such as those described in the
document of the Asian Carp Working Group of the Aquatic
Nuisance Species Task Force entitled ``Management and Control
Plan for Bighead, Black, Grass, and Silver Carps in the United
States'' and dated November 2007.
(4) Cost-share.--
(A) In general.--The Federal share of the costs of
a project carried out under the program may not exceed
75 percent of the total costs of the project.
(B) Operation, maintenance, rehabilitation, and
repair.--After the completion of a project under the
pilot program, the Federal share of the costs for
operation, maintenance, rehabilitation, and repair of
the project shall be 100 percent.
(5) Memorandum of agreement.--For projects carried out in
reservoirs owned or managed by the Tennessee Valley Authority,
the Secretary and the Tennessee Valley Authority shall execute
a memorandum of agreement establishing the framework for a
partnership and the terms and conditions for sharing expertise
and resources.
(6) Payments.--The Secretary is authorized to accept and
expend funds from the Tennessee Valley Authority to complete
any work under this section at a reservoir owned or managed by
the Tennessee Valley Authority.
(7) Report.--Not later than 2 years after the date of
enactment of this Act, and 2 years thereafter, the Secretary
shall submit to Congress a report describing the results of the
pilot program, including an analysis of the effectiveness of
the innovative technologies, methods, and measures used in
projects carried out under the pilot program at preventing the
spread, or managing the eradicating of, Asian carp.
(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000, to
remain available until expended.
(b) Fish and Wildlife Service Asian Carp Eradication Program.--
(1) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a program to provide financial
assistance to States to implement measures, including for
management, research, and public education activities,
necessary to eradicate the Asian carp.
(2) Eligibility.--A State is eligible to receive financial
assistance under this subsection if such State has demonstrated
to the Secretary of the Interior sufficient need to implement
measures to eradicate the Asian carp.
(3) Priority.--In providing financial assistance under the
program, the Secretary of the Interior shall give priority to
States in the Cumberland River Watershed or the Tennessee River
Watershed in which Asian carp populations are expanding or have
been documented.
(4) Cost sharing.--
(A) Federal share.--The Federal share of the costs
of activities carried out under the program may not
exceed 80 percent of the total costs of such
activities.
(B) In-kind contributions.--The non-Federal share
of the costs of activities carried out under the
program may be provided in the form of in-kind
contributions of materials or services.
(5) Limitation on administrative expenses.--Not more than 5
percent of financial assistance provided by the Secretary of
the Interior under this subsection may be used for
administrative expenses.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this subsection $4,000,000 for each of fiscal years 2021
through 2025.
SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND TERRITORIES
PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, shall
establish a pilot program to carry out measures necessary to prevent,
control, or eradicate invasive species in culturally significant
forested watersheds in noncontiguous States and territories of the
United States in which the Corps of Engineers is carrying out flood
risk management projects.
(b) Implementation.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, is
encouraged to carry out the measures described in subsection (a) in
consultation with--
(1) States, any territory or possession of the United
States, and units of local government, including federally
recognized Indian Tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)); and
(2) nonprofit organizations with knowledge of, and
experience in, forested watershed management, including
nonprofit organizations with a primary purpose of serving and
partnering with indigenous communities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program under subsection (a)
$25,000,000 for the period of fiscal years 2022 through 2024.
SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.
(a) Installation of Network.--
(1) In general.--In accordance with the activities required
under section 4003(a) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and
to support the goals of the Weather Research and Forecasting
Innovation Act of 2017 (Public Law 115-25) and the National
Integrated Drought Information System Reauthorization Act of
2018 (Public Law 115-423), the Secretary, in coordination with
the Administrator of the National Oceanic and Atmospheric
Administration (referred to in this section as the
``Administrator''), the Chief of the Natural Resources
Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation, shall
continue installation of a network of soil moisture and plains
snowpack monitoring stations, and modification of existing
stations, in the Upper Missouri River Basin.
(2) Requirements.--In carrying out installation and
modification activities under paragraph (1), the Secretary--
(A) may continue to enter into agreements,
including cooperative agreements, with State mesonet
programs for purposes of installing new stations or
modifying existing stations;
(B) shall transfer ownership and all
responsibilities for operation and maintenance of new
stations to the respective State mesonet program for
the State in which the monitoring station is located on
completion of installation of the station; and
(C) shall establish, in consultation with the
Administrator, requirements and standards for the
installation of new stations and modification of
existing stations to ensure seamless data integration
into--
(i) the National Mesonet Program;
(ii) the National Coordinated Soil Moisture
Network; and
(iii) other relevant networks.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, in addition to
any other funds authorized to be appropriated for the
installation of a network of soil moisture and plains snowpack
monitoring stations or the modification of existing stations in
the Upper Missouri River Basin, $7,000,000 for each of fiscal
years 2021 through 2025.
(b) Soil Moisture and Snowpack Monitoring Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall establish
within the National Mesonet Program a pilot program for the
acquisition and use of data generated by the network described
in subsection (a).
(2) Requirements.--In establishing the pilot program under
paragraph (1), the Administrator shall--
(A) enter into agreements with State mesonet
programs in the Upper Missouri River Basin to acquire
data generated by the network described in subsection
(a) that--
(i) are similar to the agreements in effect
as of the date of the enactment of this Act
with States under the National Mesonet Program;
and
(ii) allow for sharing of data with other
Federal agencies and with institutions engaged
in federally supported research, including the
United States Drought Monitor, as appropriate
and feasible;
(B) in coordination with the Secretary, the Chief
of the Natural Resources Conservation Service, the
Director of the United States Geological Survey, and
the Commissioner of Reclamation, gather data from the
operation of the network to inform ongoing efforts of
the National Oceanic and Atmospheric Administration in
support of--
(i) the National Integrated Drought
Information System, including the National
Coordinated Soil Moisture Network;
(ii) the United States Drought Monitor;
(iii) the National Water Model and other
relevant national modeling efforts;
(iv) validation, verification, and
calibration of satellite-based, in situ, and
other remote sensing activities and output
products;
(v) flood risk and water resources
monitoring initiatives by the Secretary and the
Commissioner; and
(vi) any other programs or initiatives the
Administrator considers appropriate;
(C) at the request of State mesonet programs, or as
the Administrator considers appropriate, provide
technical assistance to such programs under the pilot
program under paragraph (1) to ensure proper data
requirements; and
(D) ensure an appropriate mechanism for quality
control and quality assurance is employed for the data
acquired under the pilot program, such as the
Meteorological Assimilation Data Ingest System.
(3) Study required.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Administrator
shall initiate a study of the pilot program required by
paragraph (1) to evaluate the data generated by the
network described in subsection (a) and the
applications of that data to programs and initiatives
described in paragraph (2)(B).
(B) Elements.--The study required by subparagraph
(A) shall include an assessment of--
(i) the contribution of the soil moisture,
snowpack, and other relevant data generated by
the network described in subsection (a) to
weather, subseasonal and seasonal, and climate
forecasting products on the local, regional,
and national levels;
(ii) the enhancements made to the National
Integrated Drought Information System, the
National Water Model, and the United States
Drought Monitor, and other relevant national
modeling efforts, using data and derived data
products generated by the network;
(iii) the contribution of data generated by
the network to remote sensing products and
approaches;
(iv) the viability of the ownership and
operational structure of the network; and
(v) any other matters the Administrator
considers appropriate, in coordination with the
Secretary, the Chief of the Natural Resources
Conservation Service, the Director of the
United States Geological Survey, and the
Commissioner of Reclamation.
(4) Report required.--Not later than 4 years after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report--
(A) setting forth the findings of the study
required by paragraph (3); and
(B) making recommendations based on those findings
to improve weather, subseasonal, seasonal, and climate
monitoring nationally.
(5) Government accountability office audit.--
(A) In general.--Not later than 60 days after the
report required by paragraph (4) is submitted, the
Comptroller General of the United States shall initiate
an audit to evaluate that report and determine
whether--
(i) the Administrator, in conducting the
pilot program under paragraph (1), has utilized
the relevant data generated by the network
described in subsection (a) in the manner most
beneficial to the programs and initiatives
described in paragraph (2)(B);
(ii) the acquisition agreements entered
into under paragraph (2)(A) with State mesonet
programs fully comply with the requirements of
that paragraph; and
(iii) the heads of other agencies,
including the Secretary, the Chief of the
Natural Resources Conservation Service, the
Director of the United States Geological
Survey, and the Commissioner of Reclamation,
are utilizing the data generated by the network
to better inform and improve the missions of
those agencies.
(B) Report required.--Not later than 270 days after
initiating the audit required by subparagraph (A), the
Comptroller General shall submit to the appropriate
congressional committees a report setting forth the
findings of the audit.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, and the Committee on Natural Resources of
the House of Representatives.
SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.
(a) Renaming the Saint Lawrence Seaway Development Corporation.--
The Act of May 13, 1954 (33 U.S.C. 981 et seq.) is amended--
(1) in section 1 (33 U.S.C. 981), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation''; and
(2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation''.
(b) References.--Any reference to the Saint Lawrence Seaway
Development Corporation in any law, regulation, document, record,
Executive order, or other paper of the United States shall be deemed to
be a reference to the Great Lakes St. Lawrence Seaway Development
Corporation.
(c) Technical and Conforming Amendments.--
(1) Title 5.--Section 5315 of title 5, United States Code,
is amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(2) Title 18.--Section 2282B of title 18, United States
Code, is amended by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''.
(3) Internal revenue code.--Section 9505(a)(2) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is amended
by striking ``Saint Lawrence Seaway Development Corporation''
and inserting ``Great Lakes St. Lawrence Seaway Development
Corporation''.
(4) Title 31.--Section 9101(3)(K) of title 31, United
States Code, is amended by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''.
(5) Water resources development act of 1986.--The Water
Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
amended--
(A) in section 206 (33 U.S.C. 2234), by striking
``Saint Lawrence Seaway Development Corporation'' and
inserting ``Great Lakes St. Lawrence Seaway Development
Corporation'';
(B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation'';
(C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation''; and
(D) in section 1132(b) (33 U.S.C. 2309(b)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation'' each place it appears.
(6) Title 46.--Title 46, United States Code, is amended--
(A) in section 2109, by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation'';
(B) in section 8103(g), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation'';
(C) in section 8503(c), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation'';
(D) in section 55112(a)(3), by striking ``St.
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation'';
(E) in section 55331(3), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation''; and
(F) in section 70032, by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation''
each place it appears.
(7) Title 49.--
(A) In general.--Title 49, United States Code, is
amended--
(i) in section 110--
(I) in the heading, by striking
``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development
Corporation''; and
(II) in subsection (a), by striking
``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development
Corporation''; and
(ii) in section 6314(c)(2)(G), by striking
``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''.
(B) Table of sections.--The table of sections for
chapter 1 of subtitle I of title 49, United States
Code, is amended by amending the item relating to
section 110 to read as follows:
``110. Great Lakes St. Lawrence Seaway Development Corporation.''.
SEC. 513. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Amend the title so as to read: ``An Act to provide for
improvements to the rivers and harbors of the United States, to
provide for the conservation and development of water and
related resources, and for other purposes.''.
Attest:
Clerk.
116th CONGRESS
2d Session
S. 1811
_______________________________________________________________________
AMENDMENTS