[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4367 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 4367
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomas R. Carper
Water Resources Development Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--GENERAL PROVISIONS
Sec. 101. Notice to Congress regarding WRDA implementation.
Sec. 102. Prior guidance.
Sec. 103. Ability to pay.
Sec. 104. Federal interest determinations.
Sec. 105. Annual report to Congress.
Sec. 106. Processing timelines.
Sec. 107. Services of volunteers.
Sec. 108. Support of Army civil works missions.
Sec. 109. Inland waterway projects.
Sec. 110. Leveraging Federal infrastructure for increased water supply.
Sec. 111. Outreach and access.
Sec. 112. Model development.
Sec. 113. Planning assistance for States.
Sec. 114. Corps of Engineers Levee Owners Advisory Board.
Sec. 115. Silver Jackets program.
Sec. 116. Tribal partnership program.
Sec. 117. Tribal project implementation pilot program.
Sec. 118. Eligibility for inter-Tribal consortiums.
Sec. 119. Sense of Congress relating to the management of recreation
facilities.
Sec. 120. Expedited consideration.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Vertical integration and acceleration of studies.
Sec. 203. Expedited completion.
Sec. 204. Expedited completion of other feasibility studies.
Sec. 205. Alexandria to the Gulf of Mexico, Louisiana, feasibility
study.
Sec. 206. Craig Harbor, Alaska.
Sec. 207. Sussex County, Delaware.
Sec. 208. Forecast-informed reservoir operations in the Colorado River
Basin.
Sec. 209. Beaver Lake, Arkansas, reallocation study.
Sec. 210. Gathright Dam, Virginia, study.
Sec. 211. Delaware Inland Bays Watershed Study.
Sec. 212. Upper Susquehanna River Basin comprehensive flood damage
reduction feasibility study.
Sec. 213. Kanawha River Basin.
Sec. 214. Authorization of feasibility studies for projects from CAP
authorities.
Sec. 215. Port Fourchon Belle Pass channel, Louisiana.
Sec. 216. Studies for modification of project purposes in the Colorado
River Basin in Arizona.
Sec. 217. Non-Federal interest preparation of water reallocation
studies, North Dakota.
Sec. 218. Technical correction, Walla Walla River.
Sec. 219. Watershed and river basin assessments.
Sec. 220. Independent peer review.
Sec. 221. Ice jam prevention and mitigation.
Sec. 222. Report on hurricane and storm damage risk reduction design
guidelines.
Sec. 223. Briefing on status of certain activities on the Missouri
River.
Sec. 224. Report on material contaminated by a hazardous substance and
the civil works program.
Sec. 225. Report on efforts to monitor, control, and eradicate invasive
species.
Sec. 226. J. Strom Thurmond Lake, Georgia.
Sec. 227. Study on land valuation procedures for the Tribal Partnership
Program.
Sec. 228. Report to Congress on levee safety guidelines.
Sec. 229. Public-private partnership user's guide.
Sec. 230. Review of authorities and programs for alternative project
delivery.
Sec. 231. Report to Congress on emergency response expenditures.
Sec. 232. Excess land report for certain projects in North Dakota.
Sec. 233. GAO studies.
Sec. 234. Prior reports.
Sec. 235. Briefing on status of Cape Cod Canal Bridges, Massachusetts.
Sec. 236. Virginia Peninsula coastal storm risk management, Virginia.
Sec. 237. Allegheny River, Pennsylvania.
Sec. 238. New York and New Jersey Harbor and Tributaries Focus Area
Feasibility Study.
Sec. 239. Matagorda Ship Channel, Texas.
Sec. 240. Matagorda Ship Channel Improvement Project, Texas.
Sec. 241. Assessment of impacts from changing construction
responsibilities.
Sec. 242. Deadline for previously required list of covered projects.
Sec. 243. Cooperation authority.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 301. Deauthorizations.
Sec. 302. Environmental infrastructure.
Sec. 303. Pennsylvania environmental infrastructure.
Sec. 304. Acequias irrigation systems.
Sec. 305. Oregon environmental infrastructure.
Sec. 306. Kentucky and West Virginia environmental infrastructure.
Sec. 307. Lake Champlain Watershed, Vermont and New York.
Sec. 308. Ohio and North Dakota.
Sec. 309. Southern West Virginia.
Sec. 310. Northern West Virginia.
Sec. 311. Ohio, Pennsylvania, and West Virginia.
Sec. 312. Western rural water.
Sec. 313. Continuing authorities programs.
Sec. 314. Small project assistance.
Sec. 315. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 316. Mamaroneck-Sheldrake Rivers, New York.
Sec. 317. Lowell Creek Tunnel, Alaska.
Sec. 318. Selma flood risk management and bank stabilization.
Sec. 319. Illinois River basin restoration.
Sec. 320. Hawaii environmental restoration.
Sec. 321. Connecticut River Basin invasive species partnerships.
Sec. 322. Expenses for control of aquatic plant growths and invasive
species.
Sec. 323. Corps of Engineers Asian carp prevention pilot program.
Sec. 324. Extension for certain invasive species programs.
Sec. 325. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial
damage, Alaska.
Sec. 326. Rehabilitation of Corps of Engineers constructed dams.
Sec. 327. Ediz Hook Beach Erosion Control Project, Port Angeles,
Washington.
Sec. 328. Sense of Congress relating to certain Louisiana hurricane and
coastal storm damage risk reduction
projects.
Sec. 329. Chesapeake Bay Oyster Recovery Program.
Sec. 330. Bosque wildlife restoration project.
Sec. 331. Expansion of temporary relocation assistance pilot program.
Sec. 332. Wilson Lock floating guide wall.
Sec. 333. Delaware Inland Bays and Delaware Bay Coast Coastal Storm
Risk Management Study.
Sec. 334. Upper Mississippi River Plan.
Sec. 335. Rehabilitation of pump stations.
Sec. 336. Navigation along the Tennessee-Tombigbee Waterway.
Sec. 337. Garrison Dam, North Dakota.
Sec. 338. Sense of Congress relating to Missouri River priorities.
Sec. 339. Soil moisture and snowpack monitoring.
Sec. 340. Contracts for water supply.
Sec. 341. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 342. Delaware Coastal System Program.
Sec. 343. Maintenance of pile dike system.
Sec. 344. Conveyances.
Sec. 345. Emergency drought operations pilot program.
Sec. 346. Rehabilitation of existing levees.
Sec. 347. Non-Federal implementation pilot program.
Sec. 348. Harmful algal bloom demonstration program.
Sec. 349. Sense of Congress relating to Mobile Harbor, Alabama.
Sec. 350. Sense of Congress relating to Port of Portland, Oregon.
Sec. 351. Chattahoochee River Program.
Sec. 352. Additional projects for underserved community harbors.
Sec. 353. Winooski River tributary watershed.
Sec. 354. Waco Lake, Texas.
Sec. 355. Seminole Tribal claim extension.
Sec. 356. Coastal erosion project, Barrow, Alaska.
Sec. 357. Colebrook River Reservoir, Connecticut.
Sec. 358. Sense of Congress relating to shallow draft dredging in the
Chesapeake Bay.
Sec. 359. Replacement of Cape Cod Canal bridges.
Sec. 360. Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.
Sec. 361. Flexibilities for certain hurricane and storm damage risk
reduction projects.
TITLE IV--PROJECT AUTHORIZATIONS
Sec. 401. Project authorizations.
Sec. 402. Facility investment.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. NOTICE TO CONGRESS REGARDING WRDA IMPLEMENTATION.
(a) Plan of Implementation.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop a plan for
implementing this Act and the amendments made by this Act.
(2) Requirements.--In developing the plan under paragraph
(1), the Secretary shall--
(A) identify each provision of this Act (or an
amendment made by this Act) that will require--
(i) the development and issuance of
guidance, including whether that guidance will
be significant guidance;
(ii) the development and issuance of a
rule; or
(iii) appropriations;
(B) develop timelines for the issuance of--
(i) any guidance described in subparagraph
(A)(i); and
(ii) each rule described in subparagraph
(A)(ii); and
(C) establish a process to disseminate information
about this Act and the amendments made by this Act to
each District and Division Office of the Corps of
Engineers.
(3) Transmittal.--On completion of the plan under paragraph
(1), the Secretary shall transmit the plan to--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Implementation of Prior Water Resources Development Laws.--
(1) Definition of prior water resources development law.--
In this subsection, the term ``prior water resources
development law'' means each of the following (including the
amendments made by any of the following):
(A) The Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2572).
(B) The Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1041).
(C) The Water Resources Reform and Development Act
of 2014 (Public Law 113-121; 128 Stat. 1193).
(D) The Water Infrastructure Improvements for the
Nation Act (Public Law 114-322; 130 Stat. 1628).
(E) The America's Water Infrastructure Act of 2018
(Public Law 115-270; 132 Stat. 3765).
(F) Division AA of the Consolidated Appropriations
Act, 2021 (Public Law 116-260; 134 Stat. 2615).
(G) Title LXXXI of division H of the James M.
Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 3691).
(2) Notice.--
(A) In general.--Not later than 60 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
written notice of the status of efforts by the
Secretary to implement the prior water resources
development laws.
(B) Contents.--
(i) In general.--As part of the notice
under subparagraph (A), the Secretary shall
include a list describing each provision of a
prior water resources development law that has
not been fully implemented as of the date of
submission of the notice.
(ii) Additional information.--For each
provision included on the list under clause
(i), the Secretary shall--
(I) establish a timeline for
implementing the provision;
(II) provide a description of the
status of the provision in the
implementation process; and
(III) provide an explanation for
the delay in implementing the
provision.
(3) Briefings.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, and every 90 days
thereafter until the Chairs of the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives determine that this Act, the
amendments made by this Act, and prior water resources
development laws are fully implemented, the Secretary
shall provide to relevant congressional committees a
briefing on the implementation of this Act, the
amendments made by this Act, and prior water resources
development laws.
(B) Inclusions.--A briefing under subparagraph (A)
shall include--
(i) updates to the implementation plan
under subsection (a); and
(ii) updates to the written notice under
paragraph (2).
(c) Additional Notice Pending Issuance.--Not later than 30 days
before issuing any guidance, rule, notice in the Federal Register, or
other documentation required to implement this Act, an amendment made
by this Act, or a prior water resources development law (as defined in
subsection (b)(1)), 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
written notice regarding the pending issuance.
(d) Wrda Implementation Team.--
(1) Definitions.--In this subsection:
(A) Prior water resources development law.--The
term ``prior water resources development law'' has the
meaning given the term in subsection (b)(1).
(B) Team.--The term ``team'' means the Water
Resources Development Act implementation team
established under paragraph (2).
(2) Establishment.--The Secretary shall establish a Water
Resources Development Act implementation team that shall
consist of current employees of the Federal Government,
including--
(A) not fewer than 2 employees in the Office of the
Assistant Secretary of the Army for Civil Works;
(B) not fewer than 2 employees at the headquarters
of the Corps of Engineers; and
(C) a representative of each district and division
of the Corps of Engineers.
(3) Duties.--The team shall be responsible for assisting
with the implementation of this Act, the amendments made by
this Act, and prior water resources development laws,
including--
(A) performing ongoing outreach to--
(i) Congress; and
(ii) employees and servicemembers stationed
in districts and divisions of the Corps of
Engineers to ensure that all Corps of Engineers
employees are aware of and implementing
provisions of this Act, the amendments made by
this Act, and prior water resources development
laws, in a manner consistent with congressional
intent;
(B) identifying any issues with implementation of a
provision of this Act, the amendments made by this Act,
and prior water resources development laws at the
district, division, or national level;
(C) resolving the issues identified under
subparagraph (B), in consultation with Corps of
Engineers leadership and the Secretary; and
(D) ensuring that any interpretation developed as a
result of the process under subparagraph (C) is
consistent with congressional intent for this Act, the
amendments made by this Act, and prior water resources
development laws.
SEC. 102. PRIOR GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue the guidance required pursuant to each of the
following provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(2) Section 8136 of the Water Resources Development Act of
2022 (10 U.S.C. 2667 note; Public Law 117-263).
SEC. 103. ABILITY TO PAY.
(a) Implementation.--The Secretary shall expedite any guidance or
rulemaking necessary to the implementation of section 103(m) of the
Water Resources Development Act 1986 (33 U.S.C. 2213(m)) to address
ability to pay.
(b) Ability to Pay.--Section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) is amended by adding the
end the following:
``(5) Congressional notification.--
``(A) In general.--The Secretary shall annually
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives written
notification of determinations made by the Secretary of
the ability of non-Federal interests to pay under this
subsection.
``(B) Contents.--In preparing the written
notification under subparagraph (A), the Secretary
shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest
that submitted to the Secretary a request for a
determination under this subsection;
``(ii) the name and location of the
project; and
``(iii) the determination made by the
Secretary and the reasons for the
determination, including the adjusted share of
the costs of the project of the non-Federal
interest, if applicable.''.
(c) Tribal Partnership Program.--Section 203(d) of the Water
Resources Development Act of 2000 (33 U.S.C. 2269(d)) is amended by
adding at the end the following:
``(7) Congressional notification.--
``(A) In general.--The Secretary shall annually
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives written
notification of determinations made by the Secretary of
the ability of non-Federal interests to pay under this
subsection.
``(B) Contents.--In preparing the written
notification under subparagraph (A), the Secretary
shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest
that submitted to the Secretary a request for a
determination under paragraph (1)(B)(ii);
``(ii) the name and location of the
project; and
``(iii) the determination made by the
Secretary and the reasons for the
determination, including the adjusted share of
the costs of the project of the non-Federal
interest, if applicable.''.
SEC. 104. FEDERAL INTEREST DETERMINATIONS.
Section 905(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Identification.--As part of the submission of
a work plan to Congress pursuant to the joint
explanatory statement for an annual appropriations Act
or as part of the submission of a spend plan to
Congress for a supplemental appropriations Act under
which the Corps of Engineers receives funding, the
Secretary shall identify the studies in the plan--
``(i) for which the Secretary plans to
prepare a feasibility report under subsection
(a) that will benefit--
``(I) an economically disadvantaged
community (as defined pursuant to
section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201
note; Public Law 116-260)); or
``(II) a community other than a
community described in subclause (I);
and
``(ii) that are designated as a new start
under the work plan.
``(B) Determination.--
``(i) In general.--After identifying the
studies under subparagraph (A) and subject to
subparagraph (C), the Secretary shall, with the
consent of the applicable non-Federal interest
for the study, first determine the Federal
interest in carrying out the study and the
projects that may be proposed in the study.
``(ii) Feasibility cost share agreement.--
The Secretary may make a determination under
clause (i) prior to the execution of a
feasibility cost share agreement between the
Secretary and the non-Federal interest.
``(C) Limitation.--For each fiscal year, the
Secretary may not make a determination under
subparagraph (B) for more than 20 studies identified
under subparagraph (A)(i)(II).
``(D) Application.--
``(i) In general.--Subject to clause (ii)
and with the consent of the non-Federal
interest, the Secretary may use the authority
provided under this subsection for a study in a
work plan submitted to Congress prior to the
date of enactment of the Thomas R. Carper Water
Resources Development Act of 2024 if the study
otherwise meets the requirements described in
subparagraph (A).
``(ii) Limitation.--Subparagraph (C) shall
apply to the use of authority under clause
(i).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall be paid from the funding provided for
the study in the applicable work plan described in that
paragraph.''; and
(3) by adding at the end the following:
``(6) Post-determination work.--A study under this section
shall continue after a determination under paragraph (1)(B)(i)
without a new investment decision.''.
SEC. 105. ANNUAL REPORT TO CONGRESS.
Section 7001 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2282d) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Non-Federal Interest Notification.--
``(1) In general.--After the publication of the annual
report under subsection (f), if the proposal of a non-Federal
interest submitted under subsection (b) was included by the
Secretary in the appendix under subsection (c)(4), the
Secretary shall provide written notification to the non-Federal
interest of such inclusion.
``(2) Debrief.--
``(A) In general.--Not later than 30 days after the
date on which a non-Federal interest receives the
written notification under paragraph (1), the non-
Federal interest shall notify the Secretary that the
non-Federal interest is requesting a debrief under this
paragraph.
``(B) Response.--If a non-Federal interest requests
a debrief under this paragraph, the Secretary shall
provide the debrief to the non-Federal interest by not
later than 60 days after the date on which the
Secretary receives the request for the debrief.
``(C) Inclusions.--The debrief provided by the
Secretary under this paragraph shall include--
``(i) an explanation of the reasons that
the proposal was included in the appendix under
subsection (c)(4); and
``(ii) a description of--
``(I) any revisions to the proposal
that may allow the proposal to be
included in a subsequent annual report,
to the maximum extent practicable;
``(II) other existing authorities
of the Secretary that may be used to
address the need that prompted the
proposal, if applicable; and
``(III) any other information that
the Secretary determines to be
appropriate.
``(h) Congressional Notification.--Not later than 30 days after the
publication of the annual report under subsection (f), for each
proposal included in that annual report or appendix, the Secretary
shall notify each Member of Congress that represents the State in which
that proposal will be located that the proposal was included the annual
report or the appendix.''.
SEC. 106. PROCESSING TIMELINES.
Not later than 30 days after the end of each fiscal year, the
Secretary shall ensure that the public website for the ``permit
finder'' of the Corps of Engineers accurately reflects the current
status of projects for which a permit was, or is being, processed using
amounts accepted under section 214 of the Water Resources Development
Act of 2000 (33 U.S.C. 2352).
SEC. 107. SERVICES OF VOLUNTEERS.
The seventeenth paragraph under the heading ``general provisions''
under the heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' in chapter IV of title I of the Supplemental
Appropriations Act, 1983 (33 U.S.C. 569c), is amended--
(1) in the first sentence, by striking ``The United States
Army Chief of Engineers'' and inserting the following:
``services of volunteers
``Sec. 141. (a) In General.--The Chief of Engineers''.
(2) in subsection (a) (as so designated), in the second
sentence, by striking ``Such volunteers'' and inserting the
following:
``(b) Treatment.--Volunteers under subsection (a)''; and
(3) by adding at the end the following:
``(c) Recognition.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Chief of Engineers may recognize through an award or other
appropriate means the service of volunteers under subsection
(a).
``(2) Process.--The Chief of Engineers shall establish a
process to carry out paragraph (1).
``(3) Limitation.--The Chief of Engineers shall ensure that
the recognition provided to a volunteer under paragraph (1)
shall not be in the form of a cash award.''.
SEC. 108. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
Section 8159 of the Water Resources Development Act of 2022 (136
Stat. 3740) is amended--
(1) in paragraph (3), by striking ``and'' at the end; and
(2) by striking paragraph (4) and inserting the following:
``(4) West Virginia University to conduct academic research
on flood resilience planning and risk management, water
resource-related emergency management, aquatic ecosystem
restoration, water quality, siting and risk management for
open- and closed-loop pumped hydropower energy storage,
hydropower, and water resource-related recreation and
management of resources for recreation in the State of West
Virginia;
``(5) Delaware State University to conduct academic
research on water resource ecology, water quality, aquatic
ecosystem restoration, coastal restoration, and water resource-
related emergency management in the State of Delaware, the
Delaware River Basin, and the Chesapeake Bay watershed;
``(6) the University of Notre Dame to conduct academic
research on hazard mitigation policies and practices in coastal
communities, including through the incorporation of data
analysis and the use of risk-based analytical frameworks for
reviewing flood mitigation and hardening plans and for
evaluating the design of new infrastructure; and
``(7) Mississippi State University to conduct academic
research on technology to be used in water resources
development infrastructure, analyses of the environment before
and after a natural disaster, and geospatial data
collection.''.
SEC. 109. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``65
percent of the costs'' and inserting ``75 percent of the
costs''; and
(2) in the undesignated matter following paragraph (3), in
the second sentence, by striking ``35 percent of such costs''
and inserting ``25 percent of such costs''.
(b) Application.--The amendments made by subsection (a) shall apply
beginning on October 1, 2024, to any construction of a project for
navigation on the inland waterways that is new or ongoing on or after
that date.
(c) Exception.--In the case of an inland waterways project that
receives funds under the heading ``construction'' under the heading
``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF THE
ARMY'' in title III of division J of the Infrastructure Investment and
Jobs Act (135 Stat. 1359) that will not complete construction,
replacement, rehabilitation, and expansion with such funds--
(1) section 102(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2212(a)) shall not apply; and
(2) any remaining costs shall be paid only from amounts
appropriated from the general fund of the Treasury.
SEC. 110. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.
Section 1118(i) of Water Resources Development Act of 2016 (43
U.S.C. 390b-2(i)) is amended by striking paragraph (2) and inserting
the following:
``(2) Contributed funds for other federal reservoir
projects.--
``(A) In general.--The Secretary is authorized to
receive and expend funds from a non-Federal interest or
a Federal agency that owns a Federal reservoir project
described in subparagraph (B) to formulate, review, or
revise operational documents pursuant to a proposal
submitted in accordance with subsection (a).
``(B) Federal reservoir projects described.--A
Federal reservoir project referred to in subparagraph
(A) is a 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
(commonly known as the `Flood Control Act of 1944') (58
Stat. 890, chapter 665; 33 U.S.C. 709).''.
SEC. 111. OUTREACH AND ACCESS.
(a) In General.--Section 8117(b) of the Water Resources Development
Act of 2022 (33 U.S.C. 2281b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(iii), by striking ``and''
at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensuring that a potential non-Federal
interest is aware of the roles, responsibilities, and
financial commitments associated with a completed water
resources development project prior to initiating a
feasibility study (as defined in section 105(d) of the
Water Resources Development Act of 1986 (33 U.S.C.
2215(d))), including operations, maintenance, repair,
replacement, and rehabilitation responsibilities.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to the maximum extent practicable--
``(i) develop and continue to make publicly
available, through a publicly available
existing website, information on the projects
and studies within the jurisdiction of each
district of the Corps of Engineers; and
``(ii) ensure that the information
described in clause (i) is consistent and made
publicly available in the same manner across
all districts of the Corps of Engineers.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Guidance.--The Secretary shall develop and issue
guidance to ensure that the points of contacts established
under paragraph (2)(B) are adequately fulfilling their
obligations under that paragraph.''.
(b) Briefing.--Not later than 60 days 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
briefing on the status of the implementation of section 8117 of the
Water Resources Development Act of 2022 (33 U.S.C. 2281b), including
the amendments made to that section by subsection (a), including--
(1) a plan for implementing any requirements under that
section; and
(2) any potential barriers to implementing that section.
SEC. 112. MODEL DEVELOPMENT.
Section 8230 of the Water Resources Development Act of 2022 (136
Stat. 3765) is amended by adding at the end the following:
``(d) Model Development.--
``(1) In general.--The Secretary may partner with other
Federal agencies, National Laboratories, and institutions of
higher education to develop, update, and maintain hydrologic
and climate-related models for use in water resources planning,
including models to assess compound flooding that arises when 2
or more flood drivers occur simultaneously or in close
succession, or are impacting the same region over time.
``(2) Use.--The Secretary may use models developed by the
entities described in paragraph (1).''.
SEC. 113. PLANNING ASSISTANCE FOR STATES.
Section 22(a)(2)(B) of the Water Resources Development Act of 1974
(42 U.S.C. 1962d-16(a)(2)(B)) is amended by inserting ``and title
research for abandoned structures'' before the period at the end.
SEC. 114. CORPS OF ENGINEERS LEVEE OWNERS ADVISORY BOARD.
(a) Definitions.--In this section:
(1) Federal levee system owner-operator.--The term
``Federal levee system owner-operator'' means a non-Federal
interest that owns and operates and maintains a levee system
that was constructed by the Corps of Engineers.
(2) Owners board.--The term ``Owners Board'' means the
Levee Owners Advisory Board established under subsection (b).
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a Levee Owners
Advisory Board.
(c) Membership.--
(1) In general.--The Owners Board--
(A) shall be composed of--
(i) 11 members, to be appointed by the
Secretary, who shall--
(I) represent various regions of
the country, including not less than 1
Federal levee system owner-operator
from each of the civil works divisions
of the Corps of Engineers; and
(II) have the requisite
experiential or technical knowledge to
carry out the duties of the Owners
Board described in subsection (d); and
(ii) a representative of the Corps of
Engineers, to be designated by the Secretary,
who shall serve as a nonvoting member; and
(B) may include a representative designated by the
head of the Federal agency described in section 9002(1)
of the Water Resources Development Act of 2007 (33
U.S.C. 3301(1)), who shall serve as a nonvoting member.
(2) Terms of members.--
(A) In general.--Subject to subparagraphs (B) and
(C), a member of the Owners Board shall be appointed
for a term of 3 years.
(B) Reappointment.--A member of the Owners Board
may be reappointed to the Owners Board, as the
Secretary determines to be appropriate.
(C) Vacancies.--A vacancy on the Owners Board shall
be filled in the same manner as the original
appointment was made.
(3) Chairperson.--The members of the Owners Board shall
appoint a chairperson from among the members of the Owners
Board.
(d) Duties.--
(1) Recommendations.--The Owners Board shall provide advice
and recommendations to the Secretary and the Chief of Engineers
on--
(A) the activities and actions, consistent with
applicable statutory authorities, that should be
undertaken by the Corps of Engineers and Federal levee
system owner-operators to improve flood risk management
throughout the United States; and
(B) how to improve cooperation and communication
between the Corps of Engineers and Federal levee system
owner-operators.
(2) Meetings.--The Owners Board shall meet not less
frequently than semiannually.
(3) Report.--The Secretary, on behalf of the Owners Board,
shall--
(A) 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 includes the
recommendations provided under paragraph (1); and
(B) make those recommendations publicly available,
including on a publicly available existing website.
(e) Independent Judgment.--Any advice or recommendation made by the
Owners Board pursuant to subsection (d)(1) shall reflect the
independent judgment of the Owners Board.
(f) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Owners Board shall serve without compensation.
(2) Travel expenses.--The members of the Owners Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Owners Board shall not
be considered to be Federal employees, and the meetings and
reports of the Owners Board shall not be considered a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(g) Savings Clause.--The Owners Board shall not supplant the
Committee on Levee Safety established by section 9003 of the Water
Resources Development Act of 2007 (33 U.S.C. 3302).
SEC. 115. SILVER JACKETS PROGRAM.
The Secretary shall continue the Silver Jackets program established
by the Secretary pursuant to section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a) and section 204 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5134).
SEC. 116. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C)(ii), by striking ``and'' at
the end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) projects that improve emergency response
capabilities and provide increased access to
infrastructure that may be utilized in the event of a
severe weather event or other natural disaster; and'';
and
(2) by striking subsection (e) and inserting the following:
``(e) Pilot Program.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary shall carry out not more than
5 projects described in paragraph (2).
``(2) Projects described.--Notwithstanding subsection
(b)(1)(B), a project referred to in paragraph (1) is a
project--
``(A) that is otherwise eligible and meets the
requirements under this section; and
``(B) that is located--
``(i) along the Mid-Columbia River,
Washington, Taneum Creek, Washington, or Similk
Bay, Washington; or
``(ii) at Big Bend, Lake Oahe, Fort
Randall, or Gavins Point Reservoirs, South
Dakota.
``(3) Requirement.--The Secretary shall carry out a project
described in paragraph (2) in accordance with this section.
``(4) Savings provision.--Nothing in this subsection
authorizes--
``(A) a project for the removal of a dam that
otherwise is a project described in paragraph (2);
``(B) the study of the removal of a dam; or
``(C) the study of any Federal dam, including the
study of power, flood control, or navigation
replacement, or the implementation of any functional
alteration to that dam, that is located along a body of
water described in clause (i) or (ii) of paragraph
(2)(B).''.
SEC. 117. TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' means
a project or activity eligible to be carried out under the
Tribal partnership program under section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Authorization.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and implement a
pilot program under which Indian Tribes may directly carry out eligible
projects.
(c) Purposes.--The purposes of the pilot program under this section
are--
(1) to authorize Tribal contracting to advance Tribal self-
determination and provide economic opportunities for Indian
Tribes; and
(2) to evaluate the technical, financial, and
organizational efficiencies of Indian Tribes carrying out the
design, execution, management, and construction of 1 or more
eligible projects.
(d) Administration.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall--
(A) identify a total of not more than 5 eligible
projects that have been authorized for construction;
(B) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives on
the identification of each eligible project under the
pilot program under this section;
(C) in collaboration with the Indian Tribe, develop
a detailed project management plan for each identified
eligible project that outlines the scope, budget,
design, and construction resource requirements
necessary for the Indian Tribe to execute the project
or a separable element of the eligible project;
(D) on the request of the Indian Tribe and in
accordance with subsection (f)(2), enter into a project
partnership agreement with the Indian Tribe for the
Indian Tribe to provide full project management control
for construction of the eligible project, or a
separable element of the eligible project, in
accordance with plans approved by the Secretary;
(E) following execution of the project partnership
agreement, transfer to the Indian Tribe to carry out
construction of the eligible project, or a separable
element of the eligible project--
(i) if applicable, the balance of the
unobligated amounts appropriated for the
eligible project, except that the Secretary
shall retain sufficient amounts for the Corps
of Engineers to carry out any responsibilities
of the Corps of Engineers relating to the
eligible project and the pilot program under
this section; and
(ii) additional amounts, as determined by
the Secretary, from amounts made available to
carry out this section, except that the total
amount transferred to the Indian Tribe shall
not exceed the updated estimate of the Federal
share of the cost of construction, including
any required design; and
(F) regularly monitor and audit each eligible
project being constructed by an Indian Tribe under this
section to ensure that the construction activities are
carried out in compliance with the plans approved by
the Secretary and that the construction costs are
reasonable.
(2) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1)(D), each
Indian Tribe, to the maximum extent practicable, shall submit
to the Secretary a detailed project schedule, based on
estimated funding levels, that lists all deadlines for each
milestone in the construction of the eligible project.
(3) Technical assistance.--On the request of an Indian
Tribe, the Secretary may provide technical assistance to the
Indian Tribe, if the Indian Tribe contracts with and
compensates the Secretary for the technical assistance relating
to--
(A) any study, engineering activity, and design
activity for construction carried out by the Indian
Tribe under this section; and
(B) expeditiously obtaining any permits necessary
for the eligible project.
(e) Cost Share.--Nothing in this section affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to an eligible project carried out under this section.
(f) Implementation Guidance.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue guidance for
the implementation of the pilot program under this section
that, to the extent practicable, identifies--
(A) the metrics for measuring the success of the
pilot program;
(B) a process for identifying future eligible
projects to participate in the pilot program;
(C) measures to address the risks of an Indian
Tribe constructing eligible projects under the pilot
program, including which entity bears the risk for
eligible projects that fail to meet Corps of Engineers
standards for design or quality;
(D) the laws and regulations that an Indian Tribe
must follow in carrying out an eligible project under
the pilot program; and
(E) which entity bears the risk in the event that
an eligible project carried out under the pilot program
fails to be carried out in accordance with the project
authorization or this section.
(2) New project partnership agreements.--The Secretary may
not enter into a project partnership agreement under this
section until the date on which the Secretary issues the
guidance under paragraph (1).
(g) Report.--
(1) In general.--Not later than 3 years 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 and make publicly available a report detailing
the results of the pilot program under this section,
including--
(A) a description of the progress of Indian Tribes
in meeting milestones in detailed project schedules
developed pursuant to subsection (d)(2); and
(B) any recommendations of the Secretary concerning
whether the pilot program or any component of the pilot
program should be implemented on a national basis.
(2) Update.--Not later than 5 years 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 an update to the report under paragraph (1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline 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 detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(h) Administration.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out the eligible project
shall apply to an Indian Tribe carrying out an eligible project under
this section.
(i) Termination of Authority.--The authority to commence an
eligible project under this section terminates on December 31, 2029.
(j) Authorization of Appropriations.--In addition to any amounts
appropriated for a specific eligible project, there is authorized to be
appropriated to the Secretary to carry out this section, including the
costs of administration of the Secretary, $15,000,000 for each of
fiscal years 2024 through 2029.
SEC. 118. ELIGIBILITY FOR INTER-TRIBAL CONSORTIUMS.
(a) In General.--Section 221(b)(1) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(b)(1)) is amended by inserting ``and an inter-
tribal consortium (as defined in section 403 of the Indian Child
Protection and Family Violence Prevention Act (25 U.S.C. 3202)))''
after ``5304))''.
(b) Tribal Partnership Program.--Section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269) is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and
heading and all that follows through ``the term'' and
inserting the following:
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term''; and
(B) by adding at the end the following:
``(2) Inter-tribal consortium.--The term `inter-tribal
consortium' has the meaning given the term in section 403 of
the Indian Child Protection and Family Violence Prevention Act
(25 U.S.C. 3202).
``(3) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).'';
and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``, inter-tribal consortiums,
Tribal organizations,'' after ``Indian
tribes''; and
(ii) in subparagraph (A), by inserting ``,
inter-tribal consortiums, or Tribal
organizations'' after ``Indian tribes'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``flood hurricane'' and inserting ``flood or
hurricane'';
(ii) in subparagraph (C), in the matter
preceding clause (i), by inserting ``, an
inter-tribal consortium, or a Tribal
organization'' after ``Indian tribe''; and
(iii) in subparagraph (E) (as redesignated
by section 116(1)(B)), by inserting ``, inter-
tribal consortiums, Tribal organizations,''
after ``Indian tribes''; and
(C) in paragraph (3)(A), by inserting ``, inter-
tribal consortium, or Tribal organization'' after
``Indian tribe'' each place it appears.
SEC. 119. SENSE OF CONGRESS RELATING TO THE MANAGEMENT OF RECREATION
FACILITIES.
It is the sense of Congress that--
(1) the Corps of Engineers should have greater access to
the revenue collected from the use of Corps of Engineers-
managed facilities with recreational purposes;
(2) revenue collected from Corps of Engineers-managed
facilities with recreational purposes should be available to
the Corps of Engineers for necessary operation, maintenance,
and improvement activities at the facility from which the
revenue was derived;
(3) the districts of the Corps of Engineers should be
provided with more authority to partner with non-Federal public
entities and private nonprofit entities for the improvement and
management of Corps of Engineers-managed facilities with
recreational purposes; and
(4) legislation to address the issues described in
paragraphs (1) through (3) should be considered by Congress.
SEC. 120. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1374; 132 Stat. 3784) is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--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) Yavapai county, arizona.--Project for flood risk
management, Yavapai County, Arizona.
(2) Eastman lake, california.--Project for ecosystem
restoration and water supply, including for conservation and
recharge, Eastman Lake, Merced and Madera Counties, California.
(3) Pine flat dam, california.--Project for ecosystem
restoration, water supply, and recreation, Pine Flat Dam,
Fresno County, California.
(4) San diego, california.--Project for flood risk
management, including sea level rise, San Diego, California.
(5) Sacramento, california.--Project for flood risk
management and ecosystem restoration, including levee
improvement, Sacramento River, Sacramento, California.
(6) San mateo, california.--Project for flood risk
management, City of San Mateo, California.
(7) Sacramento county, california.--Project for flood risk
management, ecosystem restoration, and water supply, Lower
Cosumnes River, Sacramento County, California.
(8) Colorado springs, colorado.--Project for ecosystem
restoration and flood risk management, Fountain Creek, Monument
Creek, and T-Gap Levee, Colorado Springs, Colorado.
(9) Plymouth, connecticut.--Project for ecosystem
restoration, Plymouth, Connecticut.
(10) Windham, connecticut.--Project for ecosystem
restoration and recreation, Windham, Connecticut.
(11) Enfield, connecticut.--Project for flood risk
management and ecosystem restoration, including restoring
freshwater brook floodplain, Enfield, Connecticut.
(12) Newington, connecticut.--Project for flood risk
management, Newington, Connecticut.
(13) Hartford, connecticut.--Project for hurricane and
storm damage risk reduction, Hartford, Connecticut.
(14) Fairfield, connecticut.--Project for flood risk
management, Rooster River, Fairfield, Connecticut.
(15) Milton, delaware.--Project for flood risk management,
Milton, Delaware.
(16) Wilmington, delaware.--Project for coastal storm risk
management, City of Wilmington, Delaware.
(17) Tybee island, georgia.--Project for flood risk
management and coastal storm risk management, including the
potential for beneficial use of dredged material, Tybee Island,
Georgia.
(18) Hanapepe levee, hawaii.--Project for ecosystem
restoration, flood risk management, and hurricane and storm
damage risk reduction, including Hanapepe Levee, Kauai County,
Hawaii.
(19) Kauai county, hawaii.--Project for flood risk
management and coastal storm risk management, Kauai County,
Hawaii.
(20) Hawai`i kai, hawaii.--Project for flood risk
management, Hawai`i Kai, Hawaii.
(21) Maui, hawaii.--Project for flood risk management and
ecosystem restoration, Maui County, Hawaii.
(22) Butterfield creek, illinois.--Project for flood risk
management, Butterfield Creek, Illinois, including the villages
of Flossmoor, Matteson, Park Forest, and Richton Park.
(23) Rocky ripple, indiana.--Project for flood risk
management, Rocky Ripple, Indiana.
(24) Coffeyville, kansas.--Project for flood risk
management, Coffeyville, Kansas.
(25) Fulton county, kentucky.--Project for flood risk
management, including bank stabilization, Fulton County,
Kentucky.
(26) Cumberland river, crittenden county, lyon county, and
livingston county, kentucky.--Project for ecosystem
restoration, including bank stabilization, Cumberland River,
Crittenden County, Lyon County, and Livingston County,
Kentucky.
(27) Scott county, kentucky.--Project for ecosystem
restoration, including water supply, Scott County, Kentucky.
(28) Bullskin creek and shelby county, kentucky.--Project
for ecosystem restoration, including bank stabilization,
Bullskin Creek and Shelby County, Kentucky.
(29) Lake pontchartrain barrier, louisiana.--Project for
hurricane and storm damage risk reduction, Orleans Parish, St.
Tammany Parish, and St. Bernard Parish, Louisiana.
(30) Ocean city, maryland.--Project for flood risk
management, Ocean City, Maryland.
(31) Beaverdam creek, maryland.--Project for flood risk
management, Beaverdam Creek, Prince George's County, Maryland.
(32) Oak bluffs, massachusetts.--Project for flood risk
management, coastal storm risk management, recreation, and
ecosystem restoration, including shoreline stabilization along
East Chop Drive, Oak Bluffs, Massachusetts.
(33) Tisbury, massachusetts.--Project for coastal storm
risk management, including shoreline stabilization along Beach
Road Causeway, Tisbury, Massachusetts.
(34) Oak bluffs harbor, massachusetts.--Project for coastal
storm risk management and navigation, Oak Bluffs Harbor north
and south jetties, Oak Bluffs, Massachusetts.
(35) Connecticut river, massachusetts.--Project for flood
risk management along the Connecticut River, Massachusetts.
(36) Marysville, michigan.--Project for coastal storm risk
management, including shoreline stabilization, City of
Marysville, Michigan.
(37) Cheboygan, michigan.--Project for flood risk
management, Little Black River, City of Cheboygan, Michigan.
(38) Kalamazoo, michigan.--Project for flood risk
management and ecosystem restoration, Kalamazoo River Watershed
and tributaries, City of Kalamazoo, Michigan.
(39) Dearborn and dearborn heights, michigan.--Project for
flood risk management, Dearborn and Dearborn Heights, Michigan.
(40) Grand traverse bay, michigan.--Project for navigation,
Grand Traverse Bay, Michigan.
(41) Grand traverse county, michigan.--Project for flood
risk management and ecosystem restoration, Grand Traverse
County, Michigan.
(42) Brighton mill pond, michigan.--Project for ecosystem
restoration, Brighton Mill Pond, Michigan.
(43) Ludington, michigan.--Project for coastal storm risk
management, including feasibility of emergency shoreline
protection, Ludington, Michigan.
(44) Pahrump, nevada.--Project for hurricane and storm
damage risk reduction and flood risk management, Pahrump,
Nevada.
(45) Allegheny river, new york.--Project for navigation and
ecosystem restoration, Allegheny River, New York.
(46) Turtle cove, new york.--Project for ecosystem
restoration, Turtle Cove, Pelham Bay Park, Bronx, New York.
(47) Niles, ohio.--Project for flood risk management,
ecosystem restoration, and recreation, City of Niles, Ohio.
(48) Geneva-on-the-lake, ohio.--Project for flood and
coastal storm risk management, ecosystem restoration,
recreation, and shoreline erosion protection, Geneva-on-the-
Lake, Ohio.
(49) Little killbuck creek, ohio.--Project for ecosystem
restoration, including aquatic invasive species management,
Little Killbuck Creek, Ohio.
(50) Defiance, ohio.--Project for flood risk management,
ecosystem restoration, recreation, and bank stabilization,
Maumee, Auglaize, and Tiffin Rivers, Defiance, Ohio.
(51) Dillon lake, muskingum county, ohio.--Project for
ecosystem restoration, recreation, and shoreline erosion
protection, Dillon Lake, Muskingum and Licking Counties, Ohio.
(52) Jerusalem township, ohio.--Project for flood and
coastal storm risk management and shoreline erosion protection,
Jerusalem Township, Ohio.
(53) Nine mile creek, cleveland, ohio.--Project for flood
risk management, Nine Mile Creek, Cleveland, Ohio.
(54) Cold creek, ohio.--Project for ecosystem restoration,
Cold Creek, Erie County, Ohio.
(55) Allegheny river, pennsylvania.--Project for navigation
and ecosystem restoration, Allegheny River, Pennsylvania.
(56) Philadelphia, pennsylvania.--Project for ecosystem
restoration and recreation, including shoreline stabilization,
South Philadelphia Wetlands Park, Philadelphia, Pennsylvania.
(57) Galveston bay, texas.--Project for navigation,
Galveston Bay, Texas.
(58) Winooski, vermont.--Project for flood risk management,
Winooski River and tributaries, Winooski, Vermont.
(59) Mt. st. helens, washington.--Project for navigation,
Mt. St. Helens, Washington.
(60) Grays bay, washington.--Project for navigation, flood
risk management, and ecosystem restoration, Grays Bay,
Wahkiakum County, Washington.
(61) Wind, klickitat, hood, deschutes, rock creek, and john
day tributaries, washington.--Project for ecosystem
restoration, Wind, Klickitat, Hood, Deschutes, Rock Creek, and
John Day tributaries, Washington.
(62) La crosse, wisconsin.--Project for flood risk
management, City of La Crosse, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct
a feasibility study for the following project modifications:
(1) Luxapalila creek, alabama.--Modifications to the
project for flood risk management, Luxapalila Creek, Alabama,
authorized by section 203 of the Flood Control Act of 1958 (72
Stat. 307).
(2) Osceola harbor, arkansas.--Modifications to the project
for navigation, Osceola Harbor, Arkansas, authorized under
section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577), to evaluate the expansion of the harbor.
(3) Savannah, georgia.--Modifications to the project for
navigation, Savannah Harbor Expansion Project, Georgia,
authorized by section 7002(1) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1364) and modified by
section 1401(6) of the America's Water Infrastructure Act of
2018 (132 Stat. 3839).
(4) Hagaman chute, louisiana.--Modifications to the project
for navigation, including sediment management, Hagaman Chute,
Louisiana.
(5) Calcasieu river and pass, louisiana.--Modifications to
the project for navigation, Calcasieu River and Pass,
Louisiana, authorized by section 101 of the River and Harbor
Act of 1960 (74 Stat. 481) and modified by section 3079 of the
Water Resources Development Act of 2007 (121 Stat. 1126),
including channel deepening and jetty improvements.
(6) Mississippi river and tributaries, ouachita river,
louisiana.--Modifications to the project for flood risk
management, including bank stabilization, Ouachita River,
Monroe to Caldwell Parish, Louisiana, authorized by the first
section of the Act of May 15, 1928 (45 Stat. 534, chapter 569).
(7) St. marys river, michigan.--Modifications to the
project for navigation, St. Marys River and tributaries,
Michigan, for channel improvements.
(8) Mosquito creek lake, trumbull county, ohio.--
Modifications to the project for flood risk management and
water supply, Mosquito Creek Lake, Trumbull County, Ohio.
(9) Little conemaugh, stonycreek, and conemaugh rivers,
pennsylvania.--Modifications to the project for ecosystem
restoration, recreation, and flood risk management, Little
Conemaugh, Stonycreek, and Conemaugh rivers, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1586,
chapter 688; 50 Stat. 879; chapter 877).
(10) Charleston, south carolina.--Modifications to the
project for navigation, Charleston Harbor, South Carolina,
authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1709), including
improvements to address potential or actual changed conditions
on that portion of the project that serves the North Charleston
Terminal.
(11) Addicks and barker reservoirs, texas.--Modifications
to the project for flood risk management, Addicks and Barker
Reservoirs, Texas.
(12) Westside creek, san antonio channel, texas.--
Modifications to the project for ecosystem restoration,
Westside Creek, San Antonio Channel, Texas, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat. 1259) as
part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers, Texas, and modified by
section 103 of the Water Resources Development Act of 1976 (90
Stat. 2921), section 335 of the Water Resources Development Act
of 2000 (114 Stat. 2611), and section 3154 of the Water
Resources Development Act of 2007 (121 Stat. 1148).
(13) Monongahela river, west virginia.--Modifications to
the project for recreation, Monongahela River, West Virginia.
(c) Special Rule, St. Marys River, Michigan.--The cost of the study
under subsection (b)(7) shall be shared in accordance with the cost
share applicable to construction of the project for navigation, Sault
Sainte Marie, Michigan, authorized by section 1149 of the Water
Resources Development Act of 1986 (100 Stat. 4254; 121 Stat. 1131).
SEC. 202. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following:
``(d) Delegation.--
``(1) In general.--The Secretary shall delegate the
determination to grant an extension under subsection (c) to the
Commander of the relevant Division if--
``(A) the final feasibility report for the study
can be completed with an extension of not more than 1
year beyond the time period described in subsection
(a)(1); or
``(B) the feasibility study requires an additional
cost of not more than $1,000,000 above the amount
described in subsection (a)(2).
``(2) Guidance.--If the Secretary determines that
implementation guidance is necessary to implement this
subsection, the Secretary shall issue such implementation
guidance not later than 180 days after the date of enactment of
the Thomas R. Carper Water Resources Development Act of
2024.''; and
(3) by adding at the end the following:
``(h) Definition of Division.--In this section, the term `Division'
means each of the following Divisions of the Corps of Engineers:
``(1) The Great Lakes and Ohio River Division.
``(2) The Mississippi Valley Division.
``(3) The North Atlantic Division.
``(4) The Northwestern Division.
``(5) The Pacific Ocean Division.
``(6) The South Atlantic Division.
``(7) The South Pacific Division.
``(8) The Southwestern Division.'';
(b) Deadline.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop and issue
implementation guidance that improves the implementation of
section 1001 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282c).
(2) Standardized form.--In carrying out this subsection,
the Secretary shall develop and provide to each Division (as
defined in subsection (h) of section 1001 of the Water
Resources Reform and Development of 2014 (33 U.S.C. 2282c)) a
standardized form to assist the Divisions in preparing a
written request for an exception under subsection (c) of that
section.
(3) Notification.--The Secretary shall submit a written
copy of the implementation guidance developed under paragraph
(1) to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives not less than 30 days before
the date on which the Secretary makes that guidance publicly
available.
SEC. 203. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study or general reevaluation report (as
applicable) 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 food risk management, Upper Guyandotte
River Basin, West Virginia.
(2) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(3) Project for flood risk management, Cave Buttes Dam,
Phoenix, Arizona.
(4) Project for flood risk management, McMicken Dam,
Maricopa County, Arizona.
(5) Project for ecosystem restoration, Rio Salado, Phoenix,
Arizona.
(6) Project for flood risk management, Lower San Joaquin
River, San Joaquin Valley, California.
(7) Project for flood risk management, Stratford,
Connecticut.
(8) Project for flood risk management, Waimea River, Kauai
County, Hawaii.
(9) Modifications to the project for flood risk management,
Cedar River, Cedar Rapids, Iowa, authorized by section
8201(b)(6) of the Water Resources Development Act of 2022 (136
Stat. 3750).
(10) Project for flood risk management, Rahway River,
Rahway, New Jersey.
(11) Northeast Levee System portion of the project for
flood control and other purposes, Williamsport, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1573,
chapter 688).
(12) Project for navigation, Menominee River, Menominee,
Wisconsin.
(13) General reevaluation report for the project for flood
risk management and other purposes, East St. Louis and
Vicinity, Illinois.
(14) General reevaluation report for project for flood risk
management, Green Brook, New Jersey.
(15) Project for ecosystem restoration, Imperial Streams
Salton Sea, California.
(16) Modification of the project for navigation, Honolulu
Deep Draft Harbor, Hawaii.
(17) Project for shoreline damage mitigation, Burns
Waterway Harbor, Indiana.
(18) Project for hurricane and coastal storm risk
management, Dare County Beaches, North Carolina.
(19) Modification of the project for flood protection and
recreation, Surry Mountain Lake, New Hampshire, including for
consideration of low flow augmentation.
(20) Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia.
(21) Project for secondary water source identification,
Washington Metropolitan Area, Washington, DC, Maryland, and
Virginia.
(b) Study Reports.--The Secretary shall expedite the completion of
a Chief's Report or Director's Report (as applicable) for each of the
following projects for the project to be considered for authorization:
(1) Modification of the project for navigation, Norfolk
Harbors and Channels, Anchorage F segment, Norfolk, Virginia.
(2) Project for aquatic ecosystem restoration, Biscayne Bay
Coastal Wetlands, Florida.
(3) Project for ecosystem restoration, Claiborne and
Millers Ferry Locks and Dam Fish Passage, Lower Alabama River,
Alabama.
(4) Project for flood and storm damage reduction, Surf
City, North Carolina.
(5) Project for flood and storm damage reduction, Nassau
County Back Bays, New York.
(6) Project for flood risk management, Tar Pamlico, North
Carolina.
(7) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Western
Everglades Restoration Project, Florida.
(8) Project for flood and storm damage reduction, Ala Wai,
Hawaii.
(9) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Lake
Okeechobee Watershed Restoration, Florida.
(10) Project for flood and coastal storm damage reduction,
Miami-Dade County Back Bay, Florida.
(11) Project for navigation, Tampa Harbor, Florida.
(12) Project for flood and storm damage reduction, Amite
River and tributaries, Louisiana.
(13) Project for flood and coastal storm risk management,
Puerto Rico Coastal Study, Puerto Rico.
(14) Project for coastal storm risk management, Baltimore,
Maryland.
(15) Project for water supply reallocation, Stockton Lake
Reallocation Study, Missouri.
(16) Project for ecosystem restoration, Hatchie-
Loosahatchie Mississippi River, Tennessee and Arkansas.
(17) Project for ecosystem restoration, Biscayne Bay and
Southern Everglades, Florida, authorized by section 601 of the
Water Resources Development Act of 2000 (114 Stat. 2680).
(c) Projects.--The Secretary shall, to the maximum extent
practicable, expedite completion of the following projects:
(1) Project for flood control, Lower Mud River, Milton,
West Virginia, authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790) and modified by
section 340 of the Water Resources Development Act of 2000 (114
Stat. 2612) and section 3170 of the Water Resources Development
Act of 2007 (121 Stat. 1154).
(2) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (commonly known as the ``Flood Control Act of
1936'') (49 Stat. 1586, chapter 688).
(3) Project for flood risk management, Tulsa and West-Tulsa
Levee System, Tulsa County, Oklahoma, authorized by section
401(2) of the Water Resources Development Act of 2020 (134
Stat. 2735).
(4) Project for flood risk management, Little Colorado
River, Navajo County, Arizona.
(5) Project for flood risk management, Rio de Flag,
Flagstaff, Arizona.
(6) Project for ecosystem restoration, Va Shly'AY Akimel,
Maricopa Indian Reservation, Arizona.
(7) Project for aquatic ecosystem restoration, Quincy Bay,
Illinois, Upper Mississippi River Restoration Program.
(8) Major maintenance on Laupahoehoe Harbor, Hawaii County,
Hawaii.
(9) Project for flood risk management, Green Brook, New
Jersey.
(10) Water control manual update for water supply and flood
control, Theodore Roosevelt Dam, Globe, Arizona.
(11) Water control manual update for Oroville Dam, Butte
County, California.
(12) Water control manual update for New Bullards Dam, Yuba
County, California.
(13) Project for flood risk management, Morgan City,
Louisiana.
(14) Project for hurricane and storm risk reduction, Upper
Barataria Basin, Louisiana.
(15) Project for ecosystem restoration, Mid-Chesapeake Bay,
Maryland.
(16) Project for navigation, Big Bay Harbor of Refuge,
Michigan.
(17) Project for George W. Kuhn Headwaters Outfall,
Michigan.
(18) The portion of the project for flood control and other
purposes, Williamsport, Pennsylvania, authorized by section 5
of the Act of June 22, 1936 (commonly known as the ``Flood
Control Act of 1936'') (49 Stat. 1573, chapter 688), to bring
the Northwest Levee System into compliance with current flood
mitigation standards.
(19) Project for navigation, Seattle Harbor, Washington,
authorized by section 1401(1) of the Water Resources
Development Act of 2018 (132 Stat. 3836), deepening the East
Waterway at the Port of Seattle.
(20) Project for shoreline stabilization, Clarksville,
Indiana.
(d) Continuing Authorities Programs.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Ak Chin Levee, Pinal County, Arizona.
(B) McCormick Wash, Globe, Arizona.
(C) Rose and Palm Garden Washes, Douglas, Arizona.
(D) Lower Santa Cruz River, Arizona.
(2) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), Corazon de los Tres Rios del Norte, Pima County,
Arizona.
(3) Project for hurricane and storm damage reduction under
section 3 of the Act of August 13, 1946 (60 Stat. 1056, chapter
960; 33 U.S.C. 426g), Stratford, Connecticut.
(4) Project modification for improvements to the
environment, Surry Mountain Lake, New Hampshire, under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a).
(e) Tribal Partnership Program.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies under the Tribal partnership program under section
203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269):
(1) Maricopa (Ak Chin) Indian Reservation, Arizona.
(2) Gila River Indian Reservation, Arizona.
(3) Navajo Nation, Bird Springs, Arizona.
(f) Watershed Assessments.--The Secretary shall, to the maximum
extent practicable, expedite completion of the watershed assessment for
flood risk management, Upper Mississippi and Illinois Rivers,
authorized by section 1206 of Water Resources Development Act of 2016
(130 Stat. 1686) and section 214 of the Water Resources Development Act
of 2020 (134 Stat. 2687).
(g) Expedited Prospectus.--The Secretary shall prioritize the
completion of the prospectus for the United States Moorings Facility,
Portland, Oregon, required for authorization of funding from the
revolving fund established by the first section of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576).
SEC. 204. EXPEDITED COMPLETION OF OTHER FEASIBILITY STUDIES.
(a) Cedar Port Navigation and Improvement District Channel
Deepening Project, Baytown, Texas.--The Secretary shall expedite the
review and coordination of the feasibility study for the project for
navigation, Cedar Port Navigation and Improvement District Channel
Deepening Project, Baytown, Texas, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(b) Lake Okeechobee Watershed Restoration Project, Florida.--The
Secretary shall expedite the review and coordination of the feasibility
study for the project for ecosystem restoration, Lake Okeechobee
Component A Reservoir, Everglades, Florida, under section 203(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(c) Sabine-Neches Waterway Navigation Improvement Project, Texas.--
The Secretary shall expedite the review and coordination of the
feasibility study for the project for navigation, Sabine-Neches
Waterway, Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
(d) La Quinta Expansion Project, Texas.--The Secretary shall
expedite the review and coordination of the feasibility study for the
project for navigation, La Quinta Ship Channel, Corpus Christi, Texas,
under section 203(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2231(b)).
SEC. 205. ALEXANDRIA TO THE GULF OF MEXICO, LOUISIANA, FEASIBILITY
STUDY.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the project for flood risk management, navigation
and ecosystem restoration, Rapides, Avoyelles, Point Coupee, Allen,
Evangeline, St. Landry, Calcasieu, Jefferson Davis, Acadia, Lafayette,
St. Martin, Iberville, Cameron, Vermilion, Iberia, and St. Mary
Parishes, Louisiana.
(b) Special Rule.--The study authorized by subsection (a) shall be
considered a continuation of the study authorized by the resolution of
the Committee on Transportation and Infrastructure of the House of
Representatives with respect to the study for flood risk management,
Alexandria to the Gulf of Mexico, Louisiana, dated July 23, 1997.
SEC. 206. CRAIG HARBOR, ALASKA.
The cost of completing a general reevaluation report for the
project for navigation, Craig Harbor, Alaska, authorized by section
1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709)
shall be at full Federal expense.
SEC. 207. SUSSEX COUNTY, DELAWARE.
(a) Sense of Congress.--It is the sense of Congress that consistent
nourishments of Lewes Beach, Delaware, are important for the safety and
economic prosperity of Sussex County, Delaware.
(b) General Reevaluation Report.--
(1) In general.--The Secretary shall carry out a general
reevaluation report for the project for Delaware Bay Coastline,
Roosevelt Inlet, and Lewes Beach, Delaware.
(2) Inclusions.--The general reevaluation report under
paragraph (1) shall include a determination of--
(A) the area that the project should include; and
(B) how section 111 of the River and Harbor Act of
1968 (33 U.S.C. 426i) should be applied with respect to
the project.
SEC. 208. FORECAST-INFORMED RESERVOIR OPERATIONS IN THE COLORADO RIVER
BASIN.
Section 1222 of the America's Water Infrastructure Act of 2018 (132
Stat. 3811; 134 Stat. 2661) is amended by adding at the end the
following:
``(d) Forecast-informed Reservoir Operations in the Colorado River
Basin.--
``(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 that assesses the viability of
forecast-informed reservoir operations at a reservoir in the
Colorado River Basin.
``(2) Authorization.--If the Secretary determines, and
includes in the report under paragraph (1), that forecast-
informed reservoir operations are viable at a reservoir in the
Colorado River Basin, the Secretary is authorized to carry out
forecast-informed reservoir operations at that reservoir,
subject to the availability of appropriations.''.
SEC. 209. BEAVER LAKE, ARKANSAS, REALLOCATION STUDY.
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
Beaver Water District, Beaver Lake, Arkansas.
SEC. 210. GATHRIGHT DAM, VIRGINIA, STUDY.
The Secretary shall conduct a study on the feasibility of modifying
the project for flood risk management, Gathright Dam, Virginia,
authorized by section 10 of the Flood Control Act of 1946 (60 Stat.
645, chapter 596), to include downstream recreation as a project
purpose.
SEC. 211. DELAWARE INLAND BAYS WATERSHED STUDY.
(a) In General.--The Secretary shall conduct a study to restore
aquatic ecosystems in the Delaware Inland Bays Watershed.
(b) Requirements.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary shall--
(A) conduct a comprehensive analysis of ecosystem
restoration needs in the Delaware Inland Bays
Watershed, including--
(i) saltmarsh restoration;
(ii) shoreline stabilization;
(iii) stormwater management; and
(iv) an identification of sources for the
beneficial use of dredged materials; and
(B) recommend feasibility studies to address the
needs identified under subparagraph (A).
(2) Natural or nature-based features.--To the maximum
extent practicable, a feasibility study that is recommended
under paragraph (1)(B) shall consider the use of 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))).
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In carrying out the study under
subsection (a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate
by the Secretary.
(2) Use of existing data.--To the maximum extent
practicable, in carrying out the study under subsection (a),
the Secretary shall use existing data provided to the Secretary
by entities described in paragraph (1).
(d) Feasibility Studies.--
(1) In general.--The Secretary may carry out a feasibility
study for a project recommended under subsection (b)(1)(B).
(2) Congressional authorization.--The Secretary may not
begin construction for a project recommended by a feasibility
study described in paragraph (1) unless the project has been
authorized by Congress.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
includes--
(1) the results of the study under subsection (a); and
(2) a description of actions taken under this section,
including any feasibility studies under subsection (b)(1)(B).
SEC. 212. UPPER SUSQUEHANNA RIVER BASIN COMPREHENSIVE FLOOD DAMAGE
REDUCTION FEASIBILITY STUDY.
(a) In General.--The Secretary shall, at the request of a non-
Federal interest, complete a feasibility study for comprehensive flood
damage reduction, Upper Susquehanna River Basin, New York.
(b) Requirements.--In carrying out the feasibility study under
subsection (a), the Secretary shall--
(1) use, for purposes of meeting the requirements of a
final feasibility study, information from the feasibility study
completion report entitled ``Upper Susquehanna River Basin, New
York, Comprehensive Flood Damage Reduction'' and dated January
2020; and
(2) re-evaluate project benefits, as determined using the
framework described in the proposed rule of the Corps of
Engineers entitled ``Corps of Engineers Agency Specific
Procedures To Implement the Principles, Requirements, and
Guidelines for Federal Investments in Water Resources'' (89
Fed. Reg. 12066 (February 15, 2024)), including a consideration
of economically disadvantaged communities (as defined pursuant
to section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)).
SEC. 213. KANAWHA RIVER BASIN.
Section 1207 of the Water Resources Development Act of 2016 (130
Stat. 1686) is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(2) by adding at the end the following:
``(b) Projects and Separable Elements.--Notwithstanding any other
provision of law, for an authorized project or a separable element of
an authorized project that is recommended as a result of a study
carried out by the Secretary under subsection (a) benefitting an
economically disadvantaged community (as defined pursuant to section
160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201
note; Public Law 116-260)) in the State of West Virginia, the non-
Federal share of the cost of the project or separable element of a
project shall be 10 percent.''.
SEC. 214. AUTHORIZATION OF FEASIBILITY STUDIES FOR PROJECTS FROM CAP
AUTHORITIES.
(a) Cedar Point Seawall, Scituate, Massachusetts.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for hurricane and storm damage risk
reduction, Cedar Point Seawall, Scituate, Massachusetts.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under section
3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33
U.S.C. 426g).
(b) Jones Levee, Pierce County, Washington.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Jones Levee,
Pierce County, Washington.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(c) Hatch, New Mexico.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Hatch, New
Mexico.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(d) Fort George Inlet, Jacksonville, Florida.--
(1) In general.--The Secretary may conduct a feasibility
study to modify the project for navigation, Fort George Inlet,
Jacksonville, Florida, to include navigation improvements or
shoreline erosion prevention or mitigation as a result of the
project.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under section
111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 215. PORT FOURCHON BELLE PASS CHANNEL, LOUISIANA.
(a) Feasibility Study.--
(1) In general.--Notwithstanding section 203(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C. 2231(a)(1)),
the non-Federal interest for the project for navigation, Port
Fourchon Belle Pass Channel, Louisiana, authorized by section
403(a)(4) of the Water Resources Development Act of 2020 (134
Stat. 2743) may, on written notification to the Secretary, and
at the cost of the non-Federal interest, carry out a
feasibility study to modify the project for deepening in
accordance with section 203 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231).
(2) Requirement.--A modification recommended by a
feasibility study under paragraph (1) shall be approved by the
Secretary and authorized by Congress before construction.
(b) Prior Written Agreements.--
(1) Prior written agreements for section 203.--To the
maximum extent practicable, the Secretary shall use the
previous agreement between the Secretary and the non-Federal
interest for the feasibility study carried about under section
203 of the Water Resources Development Act of 1986 (33 U.S.C.
2231) that resulted in the project described in subsection
(a)(1) in order to expedite the revised agreement between the
Secretary and the non-Federal interest for the feasibility
study described in that subsection.
(2) Prior written agreements for technical assistance.--On
the request of the non-Federal interest described in subsection
(a)(1), the Secretary shall use the previous agreement for
technical assistance under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) between the Secretary
and the non-Federal interest in order to provide technical
assistance to the non-Federal interest for the feasibility
study under subsection (a)(1).
(c) Submission to Congress.--The Secretary shall--
(1) review the feasibility study under subsection (a)(1);
and
(2) if the Secretary determines that the proposed
modifications are consistent with the authorized purposes of
the project and the study meets the same legal and regulatory
requirements of a Post Authorization Change Report that would
be otherwise undertaken by the Secretary, submit to Congress
the study for authorization of the modification.
SEC. 216. STUDIES FOR MODIFICATION OF PROJECT PURPOSES IN THE COLORADO
RIVER BASIN IN ARIZONA.
(a) Study.--The Secretary shall carry out a study of a project of
the Corps of Engineers in the Colorado River Basin in the State of
Arizona to determine whether to include water supply as a project
purpose of that project if a request for such a study to modify the
project purpose is made to the Secretary by--
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-
Federal interest, the Governor of the State of Arizona.
(b) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with relevant State and local authorities
in carrying out this section.
(c) Recommendations.--If, after carrying out a study under
subsection (a) with respect to a project described in that subsection,
the Secretary determines that water supply should be included as a
project purpose for that project, 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 recommendation for the modification of the project
purpose of that project.
SEC. 217. NON-FEDERAL INTEREST PREPARATION OF WATER REALLOCATION
STUDIES, NORTH DAKOTA.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended by adding at the following:
``(f) Non-Federal Interest Preparation.--
``(1) In general.--In accordance with this subsection, a
non-Federal interest may carry out a water reallocation study
at a reservoir project constructed by the Corps of Engineers
and located in the State of North Dakota.
``(2) Submission.--On completion of the study under
paragraph (1), the non-Federal interest shall submit to the
Secretary the results of the study.
``(3) Guidelines.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall issue guidelines for the formulation of a water
reallocation study carried out by a non-Federal
interest under this subsection.
``(B) Requirements.--The guidelines under
subparagraph (A) shall contain provisions that--
``(i) ensure that any water reallocation
study with respect to which the Secretary
submits an assessment under paragraph (6)
complies with all of the requirements that
would apply to a water reallocation study
undertaken by the Secretary; and
``(ii) provide sufficient information for
the formulation of the water reallocation
studies, including processes and procedures
related to reviews and assistance under
paragraph (7).
``(4) Agreement.--Before carrying out a water reallocation
study under paragraph (1), the Secretary and the non-Federal
interest shall enter into an agreement.
``(5) Review by secretary.--
``(A) In general.--The Secretary shall review each
water reallocation study received under paragraph (2)
for the purpose of determining whether or not the
study, and the process under which the study was
developed, comply with Federal laws and regulations
applicable to water reallocation studies.
``(B) Timing.--The Secretary may not submit to
Congress an assessment of a water reallocation study
under paragraph (1) until such time as the Secretary--
``(i) determines that the study complies
with all of the requirements that would apply
to a water reallocation study carried out by
the Secretary; and
``(ii) 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 action if
the Secretary had carried out the water
reallocation study.
``(6) Submission to congress.--Not later than 180 days
after the completion of review of a water reallocation study
under paragraph (5), 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 an assessment that--
``(A) describes--
``(i) the results of that review;
``(ii) based on the results of the water
allocation study, any structural or operations
changes at the reservoir project that would
occur if the water reallocation is carried out;
and
``(iii) based on the results of the water
reallocation study, any effects to the
authorized purposes of the reservoir project
that would occur if the water reallocation is
carried out; and
``(B) includes a determination by the Secretary of
whether the modifications recommended under the study
are those described in subsection (e).
``(7) Review and technical assistance.--
``(A) Review.--The Secretary may accept and expend
funds provided by non-Federal interests to carry out
the reviews and other activities that are the
responsibility of the Secretary in carrying out this
subsection.
``(B) Technical assistance.--At the request of the
non-Federal interest, the Secretary shall provide to
the non-Federal interest technical assistance relating
to any aspect of a water reallocation study if the non-
Federal interest contracts with the Secretary to pay
all costs of providing that technical assistance.
``(C) Impartial decisionmaking.--In carrying out
this subsection, the Secretary shall ensure that the
use of funds accepted from a non-Federal interest will
not affect the impartial decisionmaking of the
Secretary, either substantively or procedurally.
``(D) Savings provision.--The provision of
technical assistance by the Secretary under
subparagraph (B)--
``(i) shall not be considered to be an
approval or endorsement of the water
reallocation study; and
``(ii) shall not affect the
responsibilities of the Secretary under
paragraphs (5) and (6).''.
SEC. 218. TECHNICAL CORRECTION, WALLA WALLA RIVER.
Section 8201(a) of the Water Resources Development Act of 2022 (136
Stat. 3744) is amended--
(1) by striking paragraph (76) and inserting the following:
``(76) Nursery reach, walla walla river, oregon.--Project
for ecosystem restoration, Nursery Reach, Walla Walla River,
Oregon.'';
(2) by redesignating paragraphs (92) through (94) as
paragraphs (93) through (95), respectively; and
(3) by inserting after paragraph (91) the following:
``(92) Mill creek, walla walla river basin, washington.--
Project for ecosystem restoration, Mill Creek and Mill Creek
Flood Control Zone District Channel, Washington.''.
SEC. 219. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2267a(d)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(14) the Walla Walla River Basin; and
``(15) the San Francisco Bay Basin.''.
SEC. 220. INDEPENDENT PEER REVIEW.
Section 2034(h)(2) of the Water Resources Development Act of 2007
(33 U.S.C. 2343(h)(2)) is amended by striking ``17 years'' and
inserting ``22 years''.
SEC. 221. ICE JAM PREVENTION AND MITIGATION.
(a) In General.--Not later than 1 year 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 efforts by
the Secretary to prevent and mitigate flood damages associated with ice
jams.
(b) Inclusion.--The Secretary shall include in the report under
subsection (a)--
(1) an assessment of the projects carried out pursuant to
section 1150 of the Water Resources Development Act of 2016 (33
U.S.C. 701s note; Public Law 114-322), if applicable; and
(2) a description of--
(A) the challenges associated with preventing and
mitigating ice jams;
(B) the potential measures that may prevent or
mitigate ice jams, including the extent to which
additional research and the development and deployment
of technologies are necessary; and
(C) actions taken by the Secretary to provide non-
Federal interests with technical assistance, guidance,
or other information relating to ice jam events; and
(D) how the Secretary plans to conduct outreach and
engagement with non-Federal interests and other
relevant State and local agencies to facilitate an
understanding of the circumstances in which ice jams
could occur and the potential impacts to critical
public infrastructure from ice jams.
SEC. 222. REPORT ON HURRICANE AND STORM DAMAGE RISK REDUCTION DESIGN
GUIDELINES.
(a) Definitions.--In this section:
(1) Guidelines.--The term ``guidelines'' means the
Hurricane and Storm Damage Risk Reduction Design Guidelines of
the Corps of Engineers.
(2) Larose to golden meadow hurricane protection system.--
The term ``Larose to Golden Meadow Hurricane Protection
System'' means the project for hurricane-flood protection,
Grand Isle and Vicinity, Louisiana, authorized by section 204
of the Flood Control Act of 1965 (79 Stat. 1077).
(b) Report.--Not later than 1 year 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 that compares--
(1) the guidelines; and
(2) the construction methods used by the South Lafourche
Levee District for the levees and flood control structures of
the Larose to Golden Meadow Hurricane Protection System.
(c) Inclusions.--The report under subsection (b) shall include--
(1) a description of--
(A) the guidelines;
(B) the construction methods used by the South
Lafourche Levee District for levees and flood control
structures of the Larose to Golden Meadow Hurricane
Protection System; and
(C) any deviations identified between the
guidelines and the construction methods described in
subparagraph (B); and
(2) an analysis by the Secretary of geotechnical and other
relevant data from the land adjacent to the levees and flood
control structures constructed by the South Lafourche Levee
District to determine the effectiveness of those structures.
SEC. 223. BRIEFING ON STATUS OF CERTAIN ACTIVITIES ON THE MISSOURI
RIVER.
(a) In General.--Not later than 30 days after the date on which the
consultation under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) that was reinitiated by the Secretary for the operation of
the Missouri River Mainstem Reservoir System, the operation and
maintenance of the Bank Stabilization and Navigation Project, the
operation of the Kansas River Reservoir System, and the implementation
of the Missouri River Recovery Management Plan is completed, the
Secretary shall brief the Committee on the Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on the outcomes of that consultation.
(b) Requirements.--The briefing under subsection (a) shall include
a discussion of--
(1) any biological opinions that result from the
consultation, including any actions that the Secretary is
required to undertake pursuant to such biological opinions; and
(2) any forthcoming requests from the Secretary to Congress
to provide funding in order carry out the actions described in
paragraph (1).
SEC. 224. REPORT ON MATERIAL CONTAMINATED BY A HAZARDOUS SUBSTANCE AND
THE CIVIL WORKS PROGRAM.
(a) Report.--Not later than 1 year 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 that describes
the impact of material contaminated by a hazardous substance on the
civil works program of the Corps of Engineers.
(b) Requirements.--In developing the report under subsection (a),
the Secretary shall--
(1) describe--
(A) with respect to water resources development
projects--
(i) the applicable statutory authorities
that require the removal of material
contaminated by a hazardous substance; and
(ii) the roles and responsibilities of the
Secretary and non-Federal interests for
removing material contaminated by a hazardous
substance; and
(B) any regulatory actions or decisions made by
another Federal agency that impact--
(i) the removal of material contaminated by
a hazardous substance; and
(ii) the ability of the Secretary to carry
out the civil works program of the Corps of
Engineers;
(2) discuss the impact of material contaminated by a
hazardous substance on--
(A) the timely completion of construction of water
resources development projects;
(B) the operation and maintenance of water
resources development projects, including dredging
activities of the Corps of Engineers to maintain
authorized Federal depths at ports and along the inland
waterways; and
(C) costs associated with carrying out the civil
works program of the Corps of Engineers;
(3) include any other information that the Secretary
determines to be appropriate to facilitate an understanding of
the impact of material contaminated by a hazardous substance on
the civil works program of the Corps of Engineers; and
(4) propose any legislative recommendations to address any
issues identified in paragraphs (1) through (3).
SEC. 225. REPORT ON EFFORTS TO MONITOR, CONTROL, AND ERADICATE INVASIVE
SPECIES.
(a) Definition of Invasive Species.--In this section, the term
``invasive species'' has the meaning given the term in section 1 of
Executive Order 13112 (42 U.S.C. 4321 note; relating to invasive
species).
(b) Assessment.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct, and submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of, an assessment of the efforts by the Secretary
to monitor, control, and eradicate invasive species at water resources
development projects across the United States.
(c) Requirements.--The report under subsection (b) shall include--
(1) a description of--
(A) the statutory authorities and programs used by
the Secretary to monitor, control, and eradicate
invasive species; and
(B) a geographically diverse sample of successful
projects and activities carried out by the Secretary to
monitor, control, and eradicate invasive species;
(2) a discussion of--
(A) the impact of invasive species on the ability
of the Secretary to carry out the civil works program
of the Corps of Engineers, with a particular emphasis
on impact of invasive species to the primary missions
of the Corps of Engineers;
(B) the research conducted and techniques and
technologies used by the Secretary consistent with the
applicable statutory authorities described in paragraph
(1)(A) to monitor, control, and eradicate invasive
species; and
(C) the extent to which the Secretary has partnered
with States and units of local government to monitor,
control, and eradicate invasive species within the
boundaries of those States or units of local
government;
(3) an update on the status of the plan developed by the
Secretary pursuant to section 1108(c) of the Water Resources
Development Act of 2018 (33 U.S.C. 2263a(c)); and
(4) recommendations, including legislative recommendations,
to further the efforts of the Secretary to monitor, control,
and eradicate invasive species.
SEC. 226. J. STROM THURMOND LAKE, GEORGIA.
(a) Encroachment Resolution Plan.--
(1) In general.--Subject to paragraph (2), the Secretary
shall prepare, and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, an
encroachment resolution plan for a portion of the project for
flood control, recreation, and fish and wildlife management, J.
Strom Thurmond Lake, Georgia and South Carolina, authorized by
section 10 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 894, chapter 665).
(2) Limitation.--The encroachment resolution plan under
paragraph (1) shall only apply to the portion of the J. Strom
Thurmond Lake that is located within the State of Georgia.
(b) Contents.--Subject to subsection (c), the encroachment
resolution plan under subsection (a) shall include--
(1) a description of the nature and number of
encroachments;
(2) a description of the circumstances that contributed to
the development of the encroachments;
(3) an assessment of the impact of the encroachments on
operation and maintenance of the project described in
subsection (a) for its authorized purposes;
(4) an analysis of alternatives to the removal of
encroachments to mitigate any impacts identified in the
assessment under paragraph (3);
(5) a description of any actions necessary or advisable to
prevent further encroachments; and
(6) an estimate of the cost and timeline to carry out the
plan, including actions described under paragraph (5).
(c) Restriction.--To the maximum extent practicable, the
encroachment resolution plan under subsection (a) shall minimize
adverse impacts to private landowners while maintaining the functioning
of the project described in that subsection for its authorized
purposes.
(d) Notice and Public Comment.--
(1) To owners.--In preparing the encroachment resolution
plan under subsection (a), not later than 30 days after the
Secretary identifies an encroachment, the Secretary shall
notify the owner of the encroachment.
(2) To public.--The Secretary shall provide an opportunity
for the public to comment on the encroachment resolution plan
under subsection (a) before the completion of the plan.
(e) Moratorium.--The Secretary shall not take action to compel
removal of an encroachment covered by the encroachment resolution plan
under subsection (a) unless Congress specifically authorizes such
action.
(f) Savings Provision.--This section does not--
(1) grant any rights to the owner of an encroachment; or
(2) impose any liability on the United States for operation
and maintenance of the project described in subsection (a) for
its authorized purposes.
SEC. 227. STUDY ON LAND VALUATION PROCEDURES FOR THE TRIBAL PARTNERSHIP
PROGRAM.
(a) Definition of Tribal Partnership Program.--In this section, the
term ``Tribal Partnership Program'' means the Tribal Partnership
Program established under section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269).
(b) Study Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall carry out, and submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a study on
appropriate procedures for determining the value of real estate and
cost-share contributions for projects under the Tribal Partnership
Program.
(c) Requirements.--The report required under subsection (b) shall
include--
(1) an evaluation of the procedures used for determining
the valuation of real estate and contribution of real estate
value to cost-share for projects under the Tribal Partnership
Program, including consideration of cultural factors that are
unique to the Tribal Partnership Program and land valuation;
(2) a description of any existing Federal authorities that
the Secretary intends to use to implement policy changes that
result from the evaluation under paragraph (1); and
(3) recommendations for any legislation that may be needed
to revise land valuation or cost-share procedures for the
Tribal Partnership Program pursuant to the evaluation under
paragraph (1).
SEC. 228. REPORT TO CONGRESS ON LEVEE SAFETY GUIDELINES.
(a) Definition of Levee Safety Guidelines.--In this section, the
term ``levee safety guidelines'' means the levee safety guidelines
established under section 9005(c) of the Water Resources Development
Act of 2007 (33 U.S.C. 3303a(c)).
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in coordination with other applicable Federal
agencies, 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 levee safety guidelines.
(c) Inclusions.--The report under subsection (b) shall include--
(1) a description of--
(A) the levee safety guidelines;
(B) the process utilized to develop the levee
safety guidelines; and
(C) the extent to which the levee safety guidelines
are being used by Federal, State, Tribal, and local
agencies;
(2) an assessment of the requirement for the levee safety
guidelines to be voluntary and a description of actions taken
by the Secretary and other applicable Federal agencies to
ensure that the guidelines are voluntary; and
(3) any recommendations of the Secretary, including the
extent to which the levee safety guidelines should be revised.
SEC. 229. PUBLIC-PRIVATE PARTNERSHIP USER'S GUIDE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop and make publicly available on
an existing website of the Corps of Engineers a guide on the use of
public-private partnerships for water resources development projects.
(b) Inclusions.--In developing the guide under subsection (a), the
Secretary shall include--
(1) a description of--
(A) applicable authorities and programs of the
Secretary that allow for the use of public-private
partnerships to carry out water resources development
projects; and
(B) opportunities across the civil works program of
the Corps of Engineers for the use of public-private
partnerships, including at recreational facilities;
(2) a summary of prior public-private partnerships for
water resources development projects, including lessons learned
and best practices from those partnerships and projects;
(3) a discussion of--
(A) the roles and responsibilities of the Corps of
Engineers and non-Federal interests when using a
public-private partnership for a water resources
development project, including the opportunities for
risk-sharing; and
(B) the potential benefits associated with using a
public-private partnership for a water resources
development project, including the opportunities to
accelerate funding as compared to the annual
appropriations process; and
(4) a description of the process for executing a project
partnership agreement for a water resources development
project, including any unique considerations when using a
public-private partnership.
(c) Flexibility.--The Secretary may satisfy the requirements of
this section by modifying an existing partnership handbook in
accordance with this section.
SEC. 230. REVIEW OF AUTHORITIES AND PROGRAMS FOR ALTERNATIVE PROJECT
DELIVERY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and subject to subsections (b) and (c), the Secretary shall
carry out a study of the authorities and programs of the Corps of
Engineers that facilitate the use of alternative project delivery
methods for water resources development projects, including public-
private partnerships.
(b) Authorities and Programs Included.--In carrying out the study
under subsection (a), the authorities and programs that are studied
shall include any programs and authorities under--
(1) section 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2232);
(2) section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b); and
(3) section 5014 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(c) Report.--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 that--
(1) describes the findings of the study under subsection
(a); and
(2) includes--
(A) an assessment of how each authority and program
included in the study under subsection (a) has been
used by the Secretary;
(B) a list of the water resources development
projects that have been carried out pursuant to the
authorities and programs included in the study under
subsection (a);
(C) a discussion of the implementation challenges,
if any, associated with the authorities and programs
included in the study under subsection (a);
(D) a description of lessons learned and best
practices identified by the Secretary from carrying out
the authorities and programs included in the study
under subsection (a); and
(E) any recommendations, including legislative
recommendations, that result from the study under
subsection (a).
SEC. 231. REPORT TO CONGRESS ON EMERGENCY RESPONSE EXPENDITURES.
(a) In General.--The Secretary shall conduct a review of emergency
response expenditures from the emergency fund authorized by section
5(a) of the Act of August 18, 1941 (commonly known as the ``Flood
Control Act of 1941'') (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a))
(referred to in this section as the ``Flood Control and Coastal
Emergencies Account'') and from post-disaster supplemental
appropriations Acts during the period of fiscal years 2013 through
2023.
(b) Report to Congress.--Not later than 1 year 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 that includes the results of the review under subsection (a),
including--
(1) for each of fiscal years 2013 through 2023, a summary
of--
(A) annual expenditures from the Flood Control and
Coastal Emergencies Account;
(B) annual budget requests for that account; and
(C) any activities, including any reprogramming,
that may have been required to cover any annual
shortfall in that account;
(2) a description of the contributing factors that resulted
in any annual variability in the amounts described in
subparagraphs (A) and (B) of paragraph (1) and activities
described in subparagraph (C) of that paragraph;
(3) an assessment and a description of future budget needs
of the Flood Control and Coastal Emergencies Account based on
trends observed and anticipated by the Secretary; and
(4) an assessment and a description of the use and impact
of funds from post-disaster supplemental appropriations on
emergency response activities.
SEC. 232. EXCESS LAND REPORT FOR CERTAIN PROJECTS IN NORTH DAKOTA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and subject to 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 a report that identifies any real property associated
with the project of the Corps of Engineers at Lake Oahe, North Dakota,
that the Secretary determines--
(1) is not needed to carry out the authorized purposes of
the project; and
(2) may be transferred to the Standing Rock Sioux Tribe to
support recreation opportunities for the Tribe, including, at a
minimum--
(A) Walker Bottom Marina, Lake Oahe;
(B) Fort Yates Boat Ramp, Lake Oahe;
(C) Cannonball District, Lake Oahe; and
(D) any other recreation opportunities identified
by the Tribe.
(b) Inclusion.--If the Secretary determines that there is not any
real property that may be transferred to the Standing Rock Sioux Tribe
as described in subsection (a), the Secretary shall include in the
report required under that subsection--
(1) a list of the real property considered by the
Secretary;
(2) an explanation of why the real property identified
under paragraph (1) is needed to carry out the authorized
purposes of the project described in subsection (a); and
(3) a description of how the Secretary has recently
utilized the real property identified under paragraph (1) to
carry out the authorized purpose of the project described in
subsection (a).
SEC. 233. GAO STUDIES.
(a) Review of the Accuracy of Project Cost Estimates.--
(1) Review.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States (referred to in this section as
the ``Comptroller General'') shall initiate a review of
the accuracy of the project cost estimates developed by
the Corps of Engineers for completed and ongoing water
resources development projects carried out by the
Secretary.
(B) Requirements.--In carrying out subparagraph
(A), the Comptroller General shall determine the
factors, if any, that impact the accuracy of the
estimates described in that subparagraph, including--
(i) applicable statutory requirements,
including--
(I) section 1001 of the Water
Resources Reform and Development Act of
2014 (33 U.S.C. 2282c); and
(II) section 905(b) of the Water
Resources Development Act of 1986 (33
U.S.C. 2282(b))]; and
(ii) applicable guidance, regulations, and
policies of the Corps of Engineers.
(C) Incorporation of previous report.--In carrying
out subparagraph (A), the Comptroller General may
incorporate applicable information from the report
carried out by the Comptroller General under section
8236(c) of the Water Resources Development Act of 2022
(136 Stat. 3769).
(2) Report.--On completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the review and any
recommendations that result from the review.
(b) Report on Project Lifespan and Indemnification Clause in
Project Partnership Agreements.--
(1) Definitions.--In this subsection:
(A) Indemnification clause.--The term
``indemnification clause'' means the indemnification
clause required in project partnership agreements for
water resources development projects under sections
101(e)(2) and 103(j)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(e)(2),
2213(j)(1)(A)).
(B) OMRR&R.--The term ``OMRR&R'', with respect to a
water resources development project, means operation,
maintenance, repair, replacement, and rehabilitation.
(2) Sense of congress.--It is the sense of Congress that--
(A) there are significant concerns about whether--
(i) the indemnification clause, which was
first applied in 1910 to flood control
projects, should still be included in project
partnership agreements prepared by the Corps of
Engineers for water resources development
projects; and
(ii) non-Federal interests for water
resources development projects should be
required to assume full responsibility for
OMRR&R of water resources development projects
in perpetuity;
(B) non-Federal interests have reported that the
indemnification clause and OMRR&R requirements are a
barrier to entering into project partnership agreements
with the Corps of Engineers;
(C) critical water resources development projects
are being delayed by years, or not pursued at all, due
to the barriers described in subparagraph (B); and
(D) legal structures have changed since the
indemnification clause was first applied and there may
be more suitable tools available to address risk and
liability issues.
(3) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall conduct an
analysis of the implications of--
(A) the indemnification clause; and
(B) the assumption of OMRR&R responsibilities by
non-Federal interests in perpetuity for water resources
development projects.
(4) Inclusions.--The analysis under paragraph (3) shall
include--
(A) a review of risk for the Federal Government and
non-Federal interests with respect to removing
requirements for the indemnification clause;
(B) an assessment of whether the indemnification
clause is still necessary given the changes in
engineering, legal structures, and water resources
development projects since 1910, with a focus on the
quantity and types of claims and takings over time;
(C) an identification of States with State laws
that prohibit those States from entering into
agreements that include an indemnification clause;
(D) a comparison to other Federal agencies with
respect to how those agencies approach indemnification
and OMRR&R requirements in projects, if applicable;
(E) a review of indemnification and OMRR&R
requirements for projects that States require with
respect to agreements with cities and localities, if
applicable;
(F) an analysis of the useful lifespan of water
resources development projects, including any
variations in that lifespan for different types of
water resources development projects and how changing
weather patterns and increased extreme weather events
impact that lifespan;
(G) a review of situations in which non-Federal
interests have been unable to meet OMRR&R requirements;
and
(H) a review of policy alternatives to OMRR&R
requirements, such as allowing extension, reevaluation,
or deauthorization of water resources development
projects.
(5) Report.--On completion of the analysis under paragraph
(3), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the analysis; and
(B) any recommendations for changes needed to
existing law or policy of the Corps of Engineers to
address those results.
(c) Review of Certain Permits.--
(1) Definition of section 408 program.--In this subsection,
the term ``section 408 program'' means the program administered
by the Secretary pursuant to section 14 of the Act of March 3,
1899 (commonly known as the ``Rivers and Harbors Act of 1899'')
(30 Stat. 1152, chapter 425; 33 U.S.C. 408).
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate a
review of the section 408 program.
(3) Requirements.--The review by the Comptroller General
under paragraph (2) shall include, at a minimum--
(A) an identification of trends related to the
number and types of permits applied for each year under
the section 408 program;
(B) an evaluation of--
(i) the materials developed by the
Secretary to educate potential applicants
about--
(I) the section 408 program; and
(II) the process for applying for a
permit under the section 408 program;
(ii) the public website of the Corps of
Engineers that tracks the status of permits
issued under the section 408 program, including
whether the information provided by the website
is updated in a timely manner;
(iii) the ability of the districts and
divisions of the Corps of Engineers to
consistently administer the section 408
program; and
(iv) the extent to which the Secretary
carries out the process for issuing a permit
under the section 408 program concurrently with
the review required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), if applicable;
(C) a determination of the factors, if any, that
impact the ability of the Secretary to adhere to the
timelines required for reviewing and making a decision
on an application for a permit under the section 408
program; and
(D) ways to expedite the review of applications for
permits under the section 408 program, including the
use of categorical permissions.
(4) Report.--On completion of the review under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the review and any
recommendations that result from the review.
(d) Corps of Engineers Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of opportunities for the Corps of Engineers to
modernize the civil works program through the use of
technology, where appropriate, and the best available
engineering practices.
(2) Inclusions.--In conducting the analysis under paragraph
(1), the Comptroller General of the United States shall include
an assessment of the extent to which--
(A) existing engineering practices and technologies
could be better utilized by the Corps of Engineers--
(i) to improve study, planning, and design
efforts of the Corps of Engineers to further
the benefits of water resources development
projects of the Corps of Engineers;
(ii) to reduce delays of water resources
development projects, including through the
improvement of environmental review and
permitting processes;
(iii) to provide cost savings over the
lifecycle of a project, including through
improved design processes or a reduction of
operation and maintenance costs; and
(iv) to improve data collection and data
sharing capabilities; and
(B) the Corps of Engineers--
(i) currently utilizes the engineering
practices and technologies identified under
subparagraph (A), including any challenges
associated with acquisition and application;
(ii) has effective processes to share best
practices associated with the engineering
practices and technologies identified under
subparagraph (A) among the districts,
divisions, and headquarters of the Corps of
Engineers; and
(iii) partners with National Laboratories,
academic institutions, and other Federal
agencies.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the analysis and
any recommendations that result from the analysis.
(e) Study on Easements Related to Water Resources Development
Projects.--
(1) Definition of covered easement.--In this subsection,
the term ``covered easement'' has the meaning given the term in
section 8235(c) of the Water Resources Development Act of 2022
(136 Stat. 3768).
(2) Study on easements related to water resources
development projects.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of the use of covered easements that may be
provided to the Secretary by non-Federal interests in relation
to the construction, operation, or maintenance of a project for
flood risk management, hurricane and storm damage risk
reduction, or ecosystem restoration.
(3) Scope.--In carrying out the analysis under paragraph
(2), the Comptroller General of the United States shall--
(A) review--
(i) the report submitted by the Secretary
under section 8235(b) of the Water Resources
Development Act of 2022 (136 Stat. 3768); and
(ii) the existing statutory, regulatory,
and policy requirements and procedures relating
to the use of covered easements; and
(B) assess--
(i) the minimum rights in property that are
necessary to construct, operate, or maintain
projects for flood risk management, hurricane
and storm damage risk reduction, or ecosystem
restoration;
(ii) whether increased use of covered
easements in relation to projects described in
clause (i) could promote greater participation
from cooperating landowners in addressing local
flooding or ecosystem restoration challenges;
(iii) whether such increased use could
result in cost savings in the implementation of
the projects described in clause (i), without
any reduction in project benefits; and
(iv) the extent to which the Secretary
should expand what is considered by the
Secretary to be part of a series of estates
deemed standard for construction, operation, or
maintenance of a project for flood risk
management, hurricane and storm damage risk
reduction, or ecosystem restoration.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General of the United States shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the
analysis, including any recommendations, including legislative
recommendations, as a result of the analysis.
(f) Modernization of Environmental Reviews.--
(1) Definition of project study.--In this subsection, the
term ``project study'' means a feasibility study for a project
carried out pursuant to section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report that describes the efforts of the
Secretary to facilitate improved environmental review processes
for project studies, including through the consideration of
expanded use of categorical exclusions, environmental
assessments, or programmatic environmental impact statements.
(3) Requirements.--In completing the report under paragraph
(2), the Comptroller General of the United States shall--
(A) describe the actions the Secretary is taking or
plans to take to implement the amendments to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) made by section 321 of the Fiscal
Responsibility Act of 2023 (Public Law 118-5; 137 Stat.
38);
(B) describe the existing categorical exclusions
most frequently used by the Secretary to streamline the
environmental review of project studies;
(C) consider--
(i) whether the adoption of additional
categorical exclusions, including those used by
other Federal agencies, would facilitate the
environmental review of project studies;
(ii) whether the adoption of new
programmatic environmental impact statements
would facilitate the environmental review of
project studies; and
(iii) whether agreements with other Federal
agencies would facilitate a more efficient
process for the environmental review of project
studies; and
(D) identify--
(i) any discrepancies or conflicts, as
applicable, between the amendments to the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) made by section 321 of the
Fiscal Responsibility Act of 2023 (Public Law
118-5; 137 Stat. 38) and--
(I) section 2045 of the Water
Resources Development Act of 2007 (33
U.S.C. 2348); and
(II) section 1001 of the Water
Resources Reform and Development Act of
2014 (33 U.S.C. 2282c); and
(ii) other issues, as applicable, relating
to section 2045 of the Water Resources
Development Act of 2007 (33 U.S.C. 2348) that
are impeding the implementation of that section
consistent with congressional intent.
(g) Study on Dredged Material Disposal Site Construction.--
(1) In general.--The Comptroller General shall conduct a
study that--
(A) assesses the costs and limitations of the
construction of various types of dredged material
disposal sites, with a particular focus on aquatic
confined placement structures in the Lower Columbia
River; and
(B) includes a comparison of--
(i) the operation and maintenance needs and
costs associated with the availability of
aquatic confined placement structures; and
(ii) the operation and maintenance needs
and costs associated with the lack of
availability of aquatic confined placement
structures.
(2) Report.--On completion of the study under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study, and any
recommendations that result from that study.
(h) GAO Study on Distribution of Funding From the Harbor
Maintenance Trust Fund.--
(1) Definition of harbor maintenance trust fund.--In this
subsection, the term ``Harbor Maintenance Trust Fund'' means
the Harbor Maintenance Trust Fund established by section
9505(a) of the Internal Revenue Code of 1986.
(2) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of the distribution of funding from the Harbor
Maintenance Trust Fund.
(3) Requirements.--In conducting the analysis under
paragraph (2), the Comptroller General shall assess--
(A) the implementation of provisions related to the
Harbor Maintenance Trust Fund in the Water Resources
Development Act of 2020 (134 Stat. 2615) and the
amendments made by that Act by the Corps of Engineers,
including--
(i) changes to the budgetary treatment of
funding from the Harbor Maintenance Trust Fund;
and
(ii) amendments to the definitions of the
terms ``donor ports'', ``medium-sized donor
parts'', and ``energy transfer ports'' under
section 2106(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C.
2238c(a)), including--
(I) the reliability of metrics,
data for those metrics, and sources for
that data used by the Corps of
Engineers to determine if a port
satisfies the requirements of 1 or more
of those definitions; and
(II) the extent of the impact of
cyclical dredging cycles for operations
and maintenance activities and deep
draft navigation construction projects
on the ability of ports to meet the
requirements of 1 or more of those
definitions; and
(B) the amount of Harbor Maintenance Trust Fund
funding in the annual appropriations Acts enacted after
the date of enactment of the Water Resources
Development Act of 2020 (134 Stat. 2615), including an
analysis of--
(i) the allocation of funding to donor
ports and energy transfer ports (as those terms
are defined in section 2106(a) of the Water
Resources Reform and Development Act of 2014
(33 U.S.C. 2238c(a))) and the use of that
funding by those ports;
(ii) activities funded pursuant to section
210 of the Water Resources Development Act of
1986 (33 U.S.C. 2238); and
(iii) challenges associated with expending
the remaining balance of the Harbor Maintenance
Trust Fund.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the findings of the
analysis and any recommendations that result from that
analysis.
(i) Study on Environmental Justice.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report on--
(A) the costs and benefits of the environmental
justice initiatives of the Secretary with respect to
the civil works program; and
(B) the positive and negative effects on the civil
works program of those environmental justice
initiatives.
(2) Inclusions.--The report under paragraph (1) shall
include, at a minimum, a review of projects carried out by the
Secretary during fiscal year 2023 and fiscal year 2024 pursuant
to the environmental justice initiatives of the Secretary with
respect to the civil works program.
SEC. 234. PRIOR REPORTS.
(a) Reports.--The Secretary shall prioritize the completion of the
reports required pursuant to the following provisions:
(1) Section 2036(b) of the Water Resources Development Act
of 2007 (33 U.S.C. 2283a).
(2) Section 1008(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2321b(c)).
(3) Section 164(c) of the Water Resources Development Act
of 2020 (134 Stat. 2668).
(4) Section 226(a) of the Water Resources Development Act
of 2020 (134 Stat. 2697).
(5) Section 503(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(6) Section 509(a)(7) of the Water Resources Development
Act of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(7) Section 8205(a) of the Water Resources Development Act
of 2022 (136 Stat. 3754).
(8) Section 8206(c) of the Water Resources Development Act
of 2022 (136 Stat. 3756).
(9) Section 8218 of the Water Resources Development Act of
2022 (136 Stat. 3761).
(10) Section 8227(b) of the Water Resources Development Act
of 2022 (136 Stat. 3764).
(11) Section 8232(b) of the Water Resources Development Act
of 2022 (136 Stat. 3766).
(b) Notice.--
(1) In general.--Not later than 60 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 written notification of the status of each
report described in subsection (a).
(2) Contents.--As part of the notification under paragraph
(1), the Secretary shall include for each report described in
subsection (a)--
(A) a description of the status of the report; and
(B) if not completed, a timeline for the completion
of the report.
SEC. 235. BRIEFING ON STATUS OF CAPE COD CANAL BRIDGES, MASSACHUSETTS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall brief the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the status of the
project for the replacement of the Bourne and Sagamore Highway Bridges
that cross the Cape Cod Canal Federal Navigation Project.
(b) Requirements.--The briefing under subsection (a) shall include
discussion of--
(1) the current status of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and expected timelines for completion;
(2) project timelines and relevant paths to move the
project described in that subsection toward completion; and
(3) any issues that are impacting the delivery of the
project described in that subsection.
SEC. 236. VIRGINIA PENINSULA COASTAL STORM RISK MANAGEMENT, VIRGINIA.
(a) In General.--In carrying out the feasibility study for flood
risk management, ecosystem restoration, and navigation, Coastal
Virginia, authorized by section 1201(9) of the Water Resources
Development Act of 2018 (132 Stat. 3802), the Secretary is authorized
to use funds made available to the Secretary for water resources
development investigations to analyze, at full Federal expense, a
measure benefitting Federal land under the administrative jurisdiction
of another Federal agency.
(b) Savings Provisions.--Nothing in this section--
(1) precludes--
(A) a Federal agency with administrative
jurisdiction over Federal land in the study area from
contributing funds for any portion of the cost of
analyzing a measure as part of the study described in
subsection (a) that benefits that land; or
(B) the Secretary, at the request of the non-
Federal interest for the study described in subsection
(a), from using funds made available to the Secretary
for water resources development investigations to
formulate measures to reduce risk to a military
installation, if the non-Federal interest shares in the
cost to formulate those measures to the same extent
that the non-Federal interest is required to share in
the cost of the study; or
(2) waives the cost-sharing requirements of a Federal
agency for the construction of an authorized water resources
development project or a separable element of that project that
results from the study described in subsection (a).
SEC. 237. ALLEGHENY RIVER, PENNSYLVANIA.
It is the sense of Congress that--
(1) the Allegheny River is an important waterway that can
be utilized more to support recreational, environmental, and
navigation needs in Pennsylvania;
(2) ongoing efforts to increase utilization of the
Allegheny River will require consistent hours of service at key
locks and dams; and
(3) to the maximum extent practicable, the lockage levels
of service at locks and dams along the Allegheny River should
be preserved until after the completion of the study authorized
by section 201(a)(55).
SEC. 238. NEW YORK AND NEW JERSEY HARBOR AND TRIBUTARIES FOCUS AREA
FEASIBILITY STUDY.
The Secretary shall expedite the completion of the feasibility
study for coastal storm risk management, New York and New Jersey,
including evaluation of comprehensive flood risk in accordance with
section 8106 of the Water Resources and Development Act of 2022 (33
U.S.C. 2282g), as applicable.
SEC. 239. MATAGORDA SHIP CHANNEL, TEXAS.
The Federal share of the costs of the planning, design, and
construction of the Recommended Corrective Action identified by the
Corps of Engineers in the Project Deficiency Report completed in 2020
for the project for navigation, Matagorda Ship Channel, Texas,
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat.
298), shall be 90 percent.
SEC. 240. MATAGORDA SHIP CHANNEL IMPROVEMENT PROJECT, TEXAS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary should provide the necessary resources to expedite the
completion of the required documentation for the Matagorda Ship Channel
Improvement Project in order to ensure that the project is not further
delayed.
(b) Expedite.--The Secretary shall, to the maximum extent
practicable, expedite the completion of the required documentation for
the Matagorda Ship Channel Improvement Project, including--
(1) the supplemental environmental impact statement and the
associated record of decision;
(2) the dredged material management plan; and
(3) a post authorization change report, if applicable.
(c) Preconstruction Planning, Engineering, and Design.--If the
Secretary determines that the Matagorda Ship Channel Improvement
Project is justified in a completed report and if the project requires
an additional authorization from Congress pursuant to that report, the
Secretary shall proceed directly to preconstruction planning,
engineering, and design on the project.
(d) Definition of Matagorda Ship Channel Improvement Project.--In
this section, the term ``Matagorda Ship Channel Improvement Project''
means the project for navigation, Matagorda Ship Channel Improvement
Project, Port Lavaca, Texas, authorized by section 401(1) of the Water
Resources Development Act of 2020 (134 Stat. 2734).
SEC. 241. ASSESSMENT OF IMPACTS FROM CHANGING CONSTRUCTION
RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment of the
impacts of amending section 101(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(1)) to authorize the
construction of navigation projects for harbors or inland harbors , or
any separable element thereof, constructed by the Secretary at 75
percent Federal cost to a depth of 55 feet.
(b) Contents.--In carrying out the assessment under subsection (a),
the Secretary shall--
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 50 feet or greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet or
greater during the 10-year period beginning on the date of
enactment of this Act;
(3) assess the potential effect of authorizing construction
of a navigation project to a depth of 55 feet at 75 percent
Federal cost on other Federal navigation construction
activities, including estimates of port by port impacts over
the next 5, 10, and 20 years;
(4) estimate the potential increase in Federal costs that
would result from authorizing the construction of the projects
described in paragraph (2), including estimates of port by port
impacts over the next 5, 10, and 20 years; and
(5) subject to subsection (c), describe the potential
budgetary impact to the civil works program of the Corps of
Engineers from authorizing the construction of a navigation
project to a depth of 55 feet at 75 percent Federal cost and
authorizing operation and maintenance of a navigation project
to a depth of 55 feet at Federal expense, including estimates
of port by port impacts over the next 5, 10, and 20 years.
(c) Prior Report.--The Secretary may use information from the
assessment and the report of the Secretary under section 8206 of the
Water Resources Development Act of 2022 (136 Stat. 3756) in carrying
out subsection (b)(5).
(d) Report.--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, and make publicly
available (including on an existing publicly available website), a
report that describes the results of the assessment carried out under
subsection (a).
SEC. 242. DEADLINE FOR PREVIOUSLY REQUIRED LIST OF COVERED PROJECTS.
Notwithstanding the deadline in paragraph (1) of section 8236(c) of
the Water Resources Development Act of 2022 (136 Stat. 3769), the
Secretary shall submit the list of covered projects under that
paragraph by not later than 30 days after the date of enactment of this
Act.
SEC. 243. COOPERATION AUTHORITY.
(a) Assessment.--
(1) In general.--The Secretary shall carry out an
assessment of the extent to which the existing authorities and
programs of the Secretary allow the Corps of Engineers to
construct water resources development projects abroad.
(2) Report.--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 that--
(A) describes--
(i) the findings of the assessment under
paragraph (1);
(ii) how each authority and program
assessed under paragraph (1) has been used by
the Secretary to construct water resources
development projects abroad, if applicable; and
(iii) the extent to which the Secretary
partners with other Federal agencies when
carrying out such projects; and
(B) includes any recommendations that result from
the assessment under paragraph (1).
(b) Interagency and International Support Authority.--Section 234
of the Water Resources Development Act of 1996 (33 U.S.C. 2323a) is
amended--
(1) in subsection (c), by inserting ``, including the
planning and design expertise,'' after ``expertise''; and
(2) in subsection (d)(1), by striking ``$1,000,000'' and
inserting ``$2,500,000''.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 301. DEAUTHORIZATIONS.
(a) Truckee Meadows, Nevada.--The project for flood control,
Truckee Meadows, Nevada, authorized by section 3(a)(10) of the Water
Resources Development Act of 1988 (102 Stat. 4014) and section 7002(2)
of the Water Resources Reform and Development Act of 2014 (128 Stat.
1366) is no longer authorized beginning on the date of enactment of
this Act.
(b) Seattle Harbor, Washington.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation, Seattle Harbor,
Washington, described in paragraph (2) is no longer authorized.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the approximately 74,490 square foot
area of the Federal channel within the East Waterway--
(A) starting at a point on the United States
pierhead line in the southwest corner of block 386 of
plat of Seattle Tidelands, T. 24 N., R. 4. E, sec.18,
Willamette Meridian;
(B) thence running N9000'00''W along the
projection of the south line of block 386, 206.58 feet
to the centerline of the East Waterway;
(C) thence running N1430'00''E along the
centerline and parallel with the northwesterly line of
block 386, 64.83 feet;
(D) thence running N3332'59''E, 235.85 feet;
(E) thence running N3955'22''E, 128.70 feet;
(F) thence running N1430'00''E, parallel with the
northwesterly line of block 386, 280.45 feet;
(G) thence running N9000'00''E, 70.00 feet to the
pierhead line and the northwesterly line of block 386;
and
(H) thence running S1430'00''W, 650.25 feet along
the pierhead line and northwesterly line of block 386
to the point of beginning.
(c) Cherryfield Dam, Maine.--The project for flood control,
Narraguagus River, Cherryfield Dam, Maine, authorized by, and
constructed pursuant to, section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s) is no longer authorized beginning on the date of
enactment of this Act.
(d) East San Pedro Bay, California.--The study for the project for
ecosystem restoration, East San Pedro Bay, California, authorized by
the resolution of the Committee on Public Works of the Senate, dated
June 25, 1969, relating to the report of the Chief of Engineers for Los
Angeles and San Gabriel Rivers, Ballona Creek, is no longer authorized
beginning on the date of enactment of this Act.
(e) Souris River Basin, North Dakota.--The Talbott's Nursery
portion, consisting of approximately 2,600 linear feet of levee, of
stage 4 of the project for flood control, Souris River Basin, North
Dakota, authorized by section 1124 of the Water Resources Development
Act of 1986 (100 Stat. 4243; 101 Stat. 1329-111), is no longer
authorized beginning on the date of enactment of this Act.
(f) Masaryktown Canal, Florida.--
(1) In general.--The portion of the project for the Four
River Basins, Florida, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183) described in paragraph (2)
is no longer authorized beginning on the date of enactment of
this Act.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the Masaryktown Canal C-534, which spans
approximately 5.5 miles from Hernando County, between Ayers
Road and County Line Road east of United States Route 41, and
continues south to Pasco County, discharging into Crews Lake.
SEC. 302. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3808)
is amended by adding at the end the following:
``(406) Glendale, arizona.--$5,200,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Glendale, Arizona.
``(407) Tohono o'odham nation, arizona.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal, treatment,
and distribution), Tohono O'odham Nation, Arizona.
``(408) Flagstaff, arizona.--$4,800,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Flagstaff, Arizona.
``(409) Tucson, arizona.--$30,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including recycled water systems), Tucson, Arizona.
``(410) Bay-delta, california.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, San Francisco Bay-
Sacramento-San Joaquin River Delta, California.
``(411) Indian wells valley, california.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Indian Wells Valley, Kern County, California.
``(412) Oakland-Alameda estuary, california.--$5,000,000
for environmental infrastructure, including water and
wastewater infrastructure (including stormwater management),
drainage systems, and water quality enhancement, Oakland-
Alameda Estuary, Oakland and Alameda Counties, California.
``(413) Tijuana river valley watershed, california.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure, Tijuana River Valley Watershed,
San Diego County, California.
``(414) El paso county, colorado.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and stormwater management, El Paso County,
Colorado.
``(415) Rehoboth beach, lewes, dewey, bethany, south
bethany, fenwick island, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Rehoboth Beach, Lewes, Dewey, Bethany, South
Bethany, and Fenwick Island, Delaware.
``(416) Wilmington, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Wilmington, Delaware.
``(417) Pickering beach, kitts hummock, bowers beach, south
bowers beach, slaughter beach, prime hook beach, milton,
milford, delaware.--$25,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
Pickering Beach, Kitts Hummock, Bowers Beach, South Bowers
Beach, Slaughter Beach, Prime Hook Beach, Milton, and Milford,
Delaware.
``(418) Coastal georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), Glynn County, Chatham
County, Bryan County, Effingham County, McIntosh County, and
Camden County, Georgia.
``(419) Columbus, henry, and clayton counties, georgia.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure (including stormwater
management), Columbus, Henry, and Clayton Counties, Georgia.
``(420) Cobb county, georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
Cobb County, Georgia.
``(421) Calumet city, illinois.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Calumet City, Illinois.
``(422) Wyandotte county and kansas city, kansas.--
$35,000,000 for water and wastewater infrastructure, including
stormwater management (including combined sewer overflows),
Wyandotte County and Kansas City, Kansas.
``(423) Easthampton, massachusetts.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including wastewater treatment plant outfalls),
Easthampton, Massachusetts.
``(424) Byram, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Byram, Mississippi.
``(425) Diamondhead, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and drainage systems, Diamondhead, Mississippi.
``(426) Hancock county, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, Hancock County,
Mississippi.
``(427) Madison, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Madison, Mississippi.
``(428) Pearl, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Pearl, Mississippi.
``(429) New hampshire.--$20,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
New Hampshire.
``(430) Cape may county, new jersey.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal, treatment,
and distribution), Cape May County, New Jersey.
``(431) Nye county, nevada.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water wellfield and pipeline in the Pahrump Valley),
Nye County, Nevada.
``(432) Storey county, nevada.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal, treatment,
and distribution), Storey County, Nevada.
``(433) New rochelle, new york.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), New Rochelle,
New York.
``(434) Cuyahoga county, ohio.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including combined sewer overflows), Cuyahoga
County, Ohio.
``(435) Bloomingburg, ohio.--$6,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Bloomingburg, Ohio.
``(436) City of akron, ohio.--$5,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including drainage systems), City of Akron, Ohio.
``(437) East cleveland, ohio.--$13,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), East
Cleveland, Ohio.
``(438) Ashtabula county, ohio.--$1,500,000 for
environmental infrastructure, including water and wastewater
infrastructure (including water supply and water quality
enhancement), Ashtabula County, Ohio.
``(439) Struthers, ohio.--$500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including wastewater infrastructure, stormwater management,
and sewer improvements), Struthers, Ohio.
``(440) Stillwater, oklahoma.--$30,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and water supply infrastructure (including
facilities for withdrawal, treatment, and distribution),
Stillwater, Oklahoma.
``(441) Pennsylvania.--$38,600,000 for environmental
infrastructure, including water and wastewater infrastructure,
Pennsylvania.
``(442) Chesterfield county, south carolina.--$3,000,000
for water and wastewater infrastructure and other environmental
infrastructure (including stormwater management), Chesterfield
County, South Carolina.
``(443) Tipton county, tennessee.--$35,000,000 for
wastewater infrastructure and water supply infrastructure,
including facilities for withdrawal, treatment, and
distribution, Tipton County, Tennessee.
``(444) Othello, washington.--$14,000,000 for environmental
infrastructure, including water supply and storage treatment,
Othello, Washington.
``(445) College place, washington.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, College Place, Washington.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection 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.
(2) Modifications.--
(A) Alabama.--Section 219(f)(274) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3808) is amended by striking
``$50,000,000'' and inserting ``$85,000,000''.
(B) Los angeles county, california.--Section
219(f)(93) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259;
136 Stat. 3816) is amended by striking ``Santa Clarity
Valley'' and inserting ``Santa Clarita Valley''.
(C) Kent, delaware.--Section 219(f)(313) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3810) is amended by
striking ``$35,000,000'' and inserting ``$40,000,000''.
(D) New castle, delaware.--Section 219(f)(314) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3810) is amended by
striking ``$35,000,000'' and inserting ``$40,000,000''.
(E) Sussex, delaware.--Section 219(f)(315) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3810) is amended by
striking ``$35,000,000'' and inserting ``$40,000,000''.
(F) East point, georgia.--Section 219(f)(136) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1261; 136 Stat. 3817) is
amended by striking ``$15,000,000'' and inserting
``$20,000,000''.
(G) Madison county and st. clair county,
illinois.--Section 219(f)(55) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334;
114 Stat. 2763A-221; 136 Stat. 3817) is amended--
(i) by striking ``$100,000,000'' and
inserting ``$110,000,000''; and
(ii) by inserting ``(including stormwater
management)'' after ``wastewater assistance''.
(H) Montgomery county and christian county,
illinois.--Section 219(f)(333) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334;
136 Stat. 3812) is amended--
(i) in the paragraph heading, by striking
``Montgomery and christian counties'' and
inserting ``Montgomery, christian, fayette,
shelby, jasper, richland, crawford, and
lawrence counties''; and
(ii) by striking ``Montgomery County and
Christian County'' and inserting ``Montgomery
County, Christian County, Fayette County,
Shelby County, Jasper County, Richland County,
Crawford County, and Lawrence County''.
(I) Lowell, massachusetts.--Section 219(f)(339) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(J) Michigan.--Section 219(f)(157) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1262) is amended, in the paragraph
heading, by striking ``combined sewer overflows''.
(K) Desoto county, mississippi.--Section 219(f)(30)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 134 Stat. 2718) is amended
by striking ``$130,000,000'' and inserting
``$144,000,000''.
(L) Jackson, mississippi.--Section 219(f)(167) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1263; 136 Stat. 3818) is
amended by striking ``$125,000,000'' and inserting
``$139,000,000''.
(M) Madison county, mississippi.--Section
219(f)(351) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3813) is
amended by striking ``$10,000,000'' and inserting
``$24,000,000''.
(N) Meridian, mississippi.--Section 219(f)(352) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3813) is amended by
striking ``$10,000,000'' and inserting ``$24,000,000''.
(O) Rankin county, mississippi.--Section
219(f)(354) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3813) is
amended by striking ``$10,000,000'' and inserting
``$24,000,000''.
(P) Cincinnati, ohio.--Section 219(f)(206) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1265) is amended by
striking ``$1,000,000'' and inserting ``$9,000,000''.
(Q) Midwest city, oklahoma.--Section 219(f)(231) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1266; 134 Stat. 2719) is
amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
(R) Philadelphia, pennsylvania.--Section
219(f)(243) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1266) is
amended--
(i) by striking ``$1,600,000'' and
inserting ``$3,000,000''; and
(ii) by inserting ``water supply and''
before ``wastewater''.
(S) Lakes marion and moultrie, south carolina.--
Section 219(f)(25) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 136 Stat.
3818) is amended by striking ``$165,000,000'' and
inserting ``$232,000,000''.
(T) Milwaukee, wisconsin.--Section 219(f)(405) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3816) is amended by
striking ``$4,500,000'' and inserting ``$10,500,000''.
(c) Non-Federal Share.--Section 219 of the Water Resources
Development Act of 1992 (106 Stat. 4835) is amended by striking
subsection (b) and inserting the following:
``(b) Non-Federal Share.--
``(1) In general.--Except as otherwise provided in this
subsection, the non-Federal share of the cost of a project for
which assistance is provided under this section shall be not
less than 25 percent.
``(2) Economically disadvantaged communities.--The non-
Federal share of the cost of a project for which assistance is
provided under this section benefitting an economically
disadvantaged community (as defined pursuant to section 160 of
the Water Resources Development Act of 2020 (33 U.S.C. 2201
note; Public Law 116-260)) shall be 10 percent.
``(3) Ability to pay.--
``(A) In general.--The non-Federal share of the
cost of a project for which assistance is provided
under this section shall be subject to the ability of
the non-Federal interest to pay.
``(B) Determination.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the
Secretary.
``(C) Deadline.--Not later than 60 days after the
date of enactment of the Thomas R. Carper Water
Resources Development Act of 2024, the Secretary shall
issue guidance on the procedures described in
subparagraph (B).
``(4) Congressional notification.--
``(A) In general.--The Secretary shall annually
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
written notification of determinations made by the
Secretary of the ability of non-Federal interests to
pay under this section.
``(B) Contents.--In preparing the written
notification under subparagraph (A), the Secretary
shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest
that submitted to the Secretary a request for a
determination under paragraph (3)(B);
``(ii) the name and location of the
project; and
``(iii) the determination made by the
Secretary and the reasons for the
determination, including the adjusted share of
the costs of the project of the non-Federal
interest, if applicable.''.
SEC. 303. PENNSYLVANIA ENVIRONMENTAL INFRASTRUCTURE.
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; 134 Stat. 2719; 136 Stat. 3821) is amended--
(1) in the section heading, by striking ``south central'';
(2) by striking ``south central'' each place it appears;
(3) by striking subsections (c) and (h);
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(5) in paragraph (2)(A) of subsection (c) (as
redesignated), by striking ``the SARCD Council and other''.
SEC. 304. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100
Stat. 4232; 110 Stat. 3719; 136 Stat. 3782) is amended--
(1) in subsection (d)--
(A) by striking ``costs,'' and all that follows
through ``except that'' and inserting ``costs, shall be
as described in the second sentence of subsection (b)
(as in effect on the day before the date of enactment
of the Water Resources Development Act of 2022 (136
Stat. 3691)), except that''; and
(B) by striking ``measure benefitting'' and
inserting ``measure (other than a reconnaissance study)
benefitting''; and
(2) in subsection (e), by striking ``$80,000,000'' and
inserting ``$100,000,000''.
SEC. 305. OREGON ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--Section 8359 of the Water Resources Development
Act of 2022 (136 Stat. 3802) is amended--
(1) in the section heading, by striking ``southwestern'';
(2) in each of subsections (a) and (b), by striking
``southwestern'' each place it appears;
(3) in subsection (e)(1), by striking ``$50,000,000'' and
inserting ``$90,000,000''; and
(4) by striking subsection (f).
(b) Clerical Amendments.--
(1) NDAA.--The table of contents in section 2(b) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (136 Stat. 2430) is amended by striking the item
relating to section 8359 and inserting the following:
``Sec. 8359. Oregon.''.
(2) WRDA.--The table of contents in section 8001(b) of the
Water Resources Development Act of 2022 (136 Stat. 3694) is
amended by striking the item relating to section 8359 and
inserting the following:
``Sec. 8359. Oregon.''.
SEC. 306. KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
Kentucky and West Virginia.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Kentucky and West Virginia, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants
or reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a local cooperation agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$75,000,000 to carry out this section, to be divided between
the States described in subsection (a).
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers to administer projects under
this section.
SEC. 307. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542(e)(1)(A) of the Water Resources Development Act of 2000
(114 Stat. 2672) is amended by inserting ``, or in the case of a
critical restoration project benefitting an economically disadvantaged
community (as defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)), 10
percent of the total costs of the project'' after ``project''.
SEC. 308. OHIO AND NORTH DAKOTA.
Section 594(d)(3)(A) of the Water Resources Development Act of 1999
(113 Stat. 382) is amended--
(1) in the second sentence, by striking ``The Federal share
may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(2) by striking the subparagraph designation and heading
and all that follows through ``The Federal share of'' in the
first sentence and inserting the following:
``(A) Project costs.--
``(i) In general.--Except as provided in
clause (ii), the Federal share of''; and
(3) by inserting after clause (i) (as so designated) the
following:
``(ii) Exception.--The non-Federal share of
the cost of a project under this section
benefitting an economically disadvantaged
community (as defined pursuant to section 160
of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260))
shall be 10 percent.''.
SEC. 309. SOUTHERN WEST VIRGINIA.
Section 340 of the Water Resources Development Act of 1992 (106
Stat. 4856; 136 Stat. 3807) is amended--
(1) in subsection (c)(3)--
(A) in the first sentence, by striking ``Total
project costs'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), total project costs''; and
(B) by adding at the end the following:
``(B) Exception.--In the case of a project
benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public
Law 116-260)), the Federal share of the total project
costs under the applicable local cooperation agreement
entered into under this subsection shall be 90 percent.
``(C) Federal share.--The Federal share of the
total project costs under this paragraph may be
provided in the same form as described in section
571(e)(3)(A) of the Water Resources Development Act of
1999 (113 Stat. 371).'';
(2) by striking subsection (e);
(3) by redesignating subsections (f), (g), (h), and (i) as
subsections (e), (f), (g), and (h), respectively; and
(4) in subsection (f) (as so redesignated), in the first
sentence, by striking ``$140,000,000'' and inserting
``$170,000,000''.
SEC. 310. NORTHERN WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999 (113
Stat. 371; 121 Stat. 1257; 136 Stat. 3807) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), in the first sentence, by
striking ``The Federal share'' and inserting ``Except
as provided in subparagraph (B), the Federal share'';
(B) by redesignating subparagraphs (B), (C), (D),
and (E) as subparagraphs (C), (D), (E), and (F),
respectively; and
(C) by inserting after subparagraph (A) the
following:
``(B) Exception.--In the case of a project
benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public
Law 116-260)), the Federal share of the project costs
under the applicable local cooperation agreement
entered into under this subsection shall be 90
percent.'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j) as
sections (g), (h), and (i), respectively; and
(4) in subsection (g) (as so redesignated), by striking
``$120,000,000'' and inserting ``$150,000,000''.
SEC. 311. OHIO, PENNSYLVANIA, AND WEST VIRGINIA.
(a) Definitions.--In this section:
(1) Impaired water.--
(A) In general.--The term ``impaired water'' means
a stream of a watershed that is not, as of the date of
an application under this section, achieving the
designated use of the stream.
(B) Inclusion.--The term ``impaired water''
includes any stream identified by a State under section
303(d) of the Federal Water Pollution Control Act (33
U.S.C. 1313(d)).
(2) Restoration.--
(A) In general.--The term ``restoration'', with
respect to impaired water, means the restoration of the
impaired water to such an extent that the stream could
achieve its designated use over the greatest practical
number of stream-miles, as determined using, if
available, State-designated or Tribal-designated
criteria.
(B) Inclusion.--The term ``restoration'' includes
the removal of covered pollutants.
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests
for the restoration of impaired water impacted by acid mine drainage in
Ohio, Pennsylvania, and West Virginia.
(c) Form of Assistance.--Assistance under this section may be in
the form of technical assistance and design and construction assistance
for water-related environmental infrastructure to address acid mine
drainage, including projects for centralized water treatment and
related facilities.
(d) Prioritization.--The Secretary shall prioritize assistance
under this section to a project that--
(1) addresses acid mine drainage from multiple sources
impacting impaired waters; or
(2) includes a centralized water treatment system to reduce
the acid mine drainage load in impaired waters.
(e) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(f) Coordination.--The Secretary shall, to the maximum extent
practicable, work with States, units of local government, and other
relevant Federal agencies to secure any permits, variances, or
approvals necessary to facilitate the completion of projects receiving
assistance under this section.
(g) Cost-share.--The non-Federal share of the cost of a project
carried out under this section shall be 25 percent, including provision
of all land, easements, rights-of-way, and necessary relocations.
(h) Agreements.--Construction of a project under this section shall
be initiated only after the non-Federal interest has entered into a
binding agreement with the Secretary to pay--
(1) the non-Federal share of the costs of construction of a
project carried out under this section; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs of a project carried out
under this section.
(i) Contributed Funds.--The Secretary, with the consent of the non-
Federal interest for a project carried out under this section, may
receive or expend funds contributed by a nonprofit entity for the
project.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000, to remain available
until expended.
SEC. 312. WESTERN RURAL WATER.
Section 595 of the Water Resources Development Act of 1999 (113
Stat. 383; 117 Stat. 1836) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Non-federal interest.--The term `non-Federal
interest' includes an entity declared to be a political
subdivision of the State of New Mexico.''; and
(2) in subsection (e)(3)(A)--
(A) in the second sentence, by striking ``The
Federal share may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(B) by striking the subparagraph designation and
heading and all that follows through ``The Federal
share of'' in the first sentence and inserting the
following:
``(A) Project costs.--
``(i) In general.--Except as provided in
clause (ii), the Federal share of''; and
(C) by inserting after clause (i) (as so
designated) the following:
``(ii) Exception.--The non-Federal share of
the cost of a project under this section
benefitting an economically disadvantaged
community (as defined pursuant to section 160
of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260))
shall be 10 percent.''.
SEC. 313. CONTINUING AUTHORITIES PROGRAMS.
(a) Removal of Obstructions; Clearing Channels.--Section 2 of the
Act of August 28, 1937 (50 Stat. 877, chapter 877; 33 U.S.C. 701g), is
amended--
(1) by striking ``$7,500,000'' and inserting
``$15,000,000'';
(2) by inserting ``for preventing and mitigating flood
damages associated with ice jams,'' after ``other debris,'';
and
(3) by striking ``$500,000'' and inserting ``$1,000,000''.
(b) Emergency Streambank and Shoreline Protection.--Section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
(1) by striking ``$25,000,000'' and inserting
``$40,000,000''; and
(2) by striking ``$10,000,000'' and inserting
``$15,000,000''.
(c) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c) of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g(c)), is amended--
(1) in paragraph (1), by striking ``$37,500,000'' and
inserting ``$45,000,000''; and
(2) in paragraph (2)(B), by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(d) Small Flood Control Projects.--Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended--
(1) in the first sentence, by striking ``$68,750,000'' and
inserting ``$85,000,000''; and
(2) in the third sentence, by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(e) Aquatic Ecosystem Restoration.--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:
``(4) Drought resilience.--A project under this section may
include measures that enhance drought resilience through the
restoration of wetlands or the removal of invasive species.'';
(2) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subsection (f), by striking ``$62,500,000'' and
inserting ``$75,000,000''.
(f) Project Modifications for Improvement of Environment.--Section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a)
is amended--
(1) in subsection (d), in the third sentence, by striking
``$10,000,000'' and inserting ``$15,000,000''; and
(2) in subsection (h), by striking ``$50,000,000'' and
inserting ``$60,000,000''.
(g) Shore Damage Prevention or Mitigation.--Section 111(c) of the
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking
``$12,500,000'' and inserting ``$15,000,000''.
(h) Small River and Harbor Improvement Projects.--Section 107(b) of
the River and Harbor Act of 1960 (33 U.S.C. 577(b)) is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
(i) Regional Sediment Management.--Section 204(c)(1)(C) of the
Water Resources Development Act of 1992 (33 U.S.C. 2326(c)(1)(C)) is
amended by striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 314. SMALL PROJECT ASSISTANCE.
Section 165(b) of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note; Public Law 116-260) is amended by striking ``2024''
each place it appears and inserting ``2029''.
SEC. 315. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT, BRANDON
ROAD, WILL COUNTY, ILLINOIS.
After completion of construction of the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(5) of
the Water Resources Development Act of 2020 (134 Stat. 2740) and
modified by section 402(a) of that Act (134 Stat. 2742) and section
8337 of the Water Resources Development Act of 2022 (136 Stat. 3793),
the Federal share of operation and maintenance costs of the project
shall be 90 percent.
SEC. 316. MAMARONECK-SHELDRAKE RIVERS, NEW YORK.
The non-Federal share of the cost of features of the project for
flood risk management, Mamaroneck-Sheldrake Rivers, New York,
authorized by section 1401(2) of the Water Resources Development Act of
2018 (132 Stat. 3837), benefitting an economically disadvantaged
community (as defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260))
shall be 10 percent.
SEC. 317. LOWELL CREEK TUNNEL, ALASKA.
Section 5032(a)(2) of the Water Resources Development Act of 2007
(121 Stat. 1205; 134 Stat. 2719) is amended by striking ``20'' and
inserting ``25''.
SEC. 318. SELMA FLOOD RISK MANAGEMENT AND BANK STABILIZATION.
(a) Repayment.--
(1) In general.--The Secretary shall expedite the review
of, and give due consideration to, the request from the City of
Selma, Alabama, that the Secretary apply section 103(k) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(k)) to
the project for flood risk management, Selma Flood Risk
Management and Bank Stabilization, Alabama, authorized by
section 8401(2) of the Water Resources Development Act of 2022
(136 Stat. 3839).
(2) Duration.--If the Secretary determines that the
application of section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)) to the project
described in paragraph (1) is justified, the Secretary shall,
to the maximum extent practicable and consistent with that
section, permit the City of Selma, Alabama, to repay the full
non-Federal contribution with interest for that project during
a period of 30 years that shall begin after the date of
completion of that project.
(b) Cost-share.--The non-Federal share of the cost of the project
for flood risk management, Selma Flood Risk Management and Bank
Stabilization, Alabama, authorized by section 8401(2) of the Water
Resources Development Act of 2022 (136 Stat. 3839), shall be 10
percent.
SEC. 319. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Development Act of 2000
(114 Stat. 2654; 121 Stat. 1221) is amended by striking ``2010'' and
inserting ``2029''.
SEC. 320. HAWAII ENVIRONMENTAL RESTORATION.
Section 444 of the Water Resources Development Act of 1996 (110
Stat. 3747; 113 Stat. 286) is amended--
(1) by striking ``and environmental restoration'' and
inserting ``environmental restoration, and coastal storm risk
management''; and
(2) by inserting ``Hawaii,'' after ``Guam,''.
SEC. 321. CONNECTICUT RIVER BASIN INVASIVE SPECIES PARTNERSHIPS.
Section 104(g)(2)(A) of the River and Harbor Act of 1958 (33 U.S.C.
610(g)(2)(A)) is amended by inserting ``the Connecticut River Basin,''
after ``the Ohio River Basin,''.
SEC. 322. EXPENSES FOR CONTROL OF AQUATIC PLANT GROWTHS AND INVASIVE
SPECIES.
Section 104(d)(2)(A) of the River and Harbor Act of 1958 (33 U.S.C.
610(d)(2)(A)) is amended by striking ``50 percent'' and inserting ``35
percent''.
SEC. 323. CORPS OF ENGINEERS ASIAN CARP PREVENTION PILOT PROGRAM.
Section 509(a)(2)(C)(ii) of the Water Resources Development Act of
2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by striking
``2024'' and inserting ``2029''.
SEC. 324. EXTENSION FOR CERTAIN INVASIVE SPECIES PROGRAMS.
Section 104(b)(2)(A) of the River and Harbor Act of 1958 (33 U.S.C.
610(b)(2)(A)) is amended--
(1) in clause (i), by striking ``each of fiscal years 2021
through 2024'' and inserting ``each of fiscal years 2025
through 2029''; and
(2) in clause (ii), by striking ``2028'' and inserting
``2029''.
SEC. 325. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION,
RIVERINE EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--Section 8315 of the Water Resources Development
Act of 2022 (136 Stat. 3783) is amended--
(1) in the section heading, by inserting ``riverine
erosion,'' after ``coastal erosion,''; and
(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ``riverine erosion,'' after ``coastal
erosion,''.
(b) Clerical Amendments.--
(1) The table of contents in section 2(b) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(136 Stat. 2429) is amended by striking the item relating to
section 8315 and inserting the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial
damage, Alaska.''.
(2) The table of contents in section 8001(b) of the Water
Resources Development Act of 2022 (136 Stat. 3693) is amended
by striking the item relating to section 8315 and inserting the
following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial
damage, Alaska.''.
SEC. 326. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note; Public Law 114-322) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Cost Sharing.--The non-Federal share of the cost of a project
for rehabilitation of a dam under this section, including the cost of
any required study, shall be the same share assigned to the non-Federal
interest for the cost of initial construction of that dam, including
provision of all land, easements, rights-of-way, and necessary
relocations.'';
(2) in subsection (e)--
(A) by striking the subsection designation and
heading and all that follows through ``The Secretary''
and inserting the following:
``(e) Cost Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following:
``(2) Certain dams.--The Secretary shall not expend more
than $100,000,000 under this section for the Waterbury Dam
Spillway Project, Vermont.'';
(3) in subsection (f), by striking ``fiscal years 2017
through 2026'' and inserting ``fiscal years 2025 through
2029''; and
(4) by striking subsection (g).
SEC. 327. EDIZ HOOK BEACH EROSION CONTROL PROJECT, PORT ANGELES,
WASHINGTON.
The cost-share for operation and maintenance costs for the project
for beach erosion control, Ediz Hook, Port Angeles, Washington,
authorized by section 4 of the Water Resources Development Act of 1974
(88 Stat. 15), shall be in accordance with the cost-share described in
section 101(b)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2211(b)(1)).
SEC. 328. SENSE OF CONGRESS RELATING TO CERTAIN LOUISIANA HURRICANE AND
COASTAL STORM DAMAGE RISK REDUCTION PROJECTS.
It is the sense of Congress that all efforts should be made to
extend the scope of the project for hurricane and storm damage risk
reduction, Morganza to the Gulf, Louisiana, authorized by section
7002(3) of the Water Resources Reform and Development Act of 2014 (128
Stat. 1368), and the project for hurricane and storm damage risk
reduction, Upper Barataria Basin, Louisiana, authorized by section
8401(3) of the Water Resources Development Act of 2022 (136 Stat.
3841), in order to connect the two projects and realize the benefits of
continuous hurricane and coastal storm damage risk reduction from west
of Houma in Gibson, Louisiana, to the connection with the Hurricane
Storm Damage Risk Reduction System around New Orleans, Louisiana.
SEC. 329. CHESAPEAKE BAY OYSTER RECOVERY PROGRAM.
Section 704(b)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2263 note; Public Law 99-662) is amended, in the second
sentence, by striking ``$100,000,000'' and inserting ``$120,000,000''.
SEC. 330. BOSQUE WILDLIFE RESTORATION PROJECT.
(a) In General.--The Secretary shall establish a program to carry
out appropriate planning, design, and construction measures for
wildfire prevention and restoration in the Middle Rio Grande Bosque,
including the removal of jetty jacks.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
of the Water Resources Development Act of 1986 (33 U.S.C. 2213,
2215).
(2) Exception.--The non-Federal share of the cost of a
project carried out under this section benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note; Public Law 116-260)) shall be 10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development
Appropriations Act, 2004 (117 Stat. 1836), is repealed.
(d) Treatment.--The program authorized under subsection (a) shall
be considered a continuation of the program authorized by section 116
of the Energy and Water Development Appropriations Act, 2004 (117 Stat.
1836) (as in effect on the day before the date of enactment of this
Act).
SEC. 331. EXPANSION OF TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
Section 8154(g)(1) of the Water Resources Development Act of 2022
(136 Stat. 3735) is amended by adding at the end the following:
``(F) Project for hurricane and storm damage risk
reduction, Norfolk, Virginia, authorized by section
401(3) of the Water Resources Development Act of 2020
(134 Stat. 2738).''.
SEC. 332. WILSON LOCK FLOATING GUIDE WALL.
On the request of the relevant Federal entity, the Secretary shall,
to the maximum extent practicable, use all relevant authorities to
expeditiously provide technical assistance, including engineering and
design assistance, and cost estimation assistance to the relevant
Federal entity in order to address the impacts to navigation along the
Tennessee River at the Wilson Lock and Dam, Alabama.
SEC. 333. DELAWARE INLAND BAYS AND DELAWARE BAY COAST COASTAL STORM
RISK MANAGEMENT STUDY.
(a) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the meaning given
the term pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)).
(2) Study.--The term ``study'' means the Delaware Inland
Bays and Delaware Bay Coast Coastal Storm Risk Management
Study, authorized by the resolution of the Committee on Public
Works and Transportation of the House of Representatives dated
October 1, 1986, and the resolution of the Committee on
Environment and Public Works of the Senate dated June 23, 1988.
(b) Study, Projects, and Separable Elements.--Notwithstanding any
other provision of law, if the Secretary determines that the study will
benefit 1 or more economically disadvantaged communities, the non-
Federal share of the costs of carrying out the study, or project
construction or a separable element of a project authorized based on
the study, shall be 10 percent.
(c) Cost Sharing Agreement.--The Secretary shall seek to expedite
any amendments to any existing cost-share agreement for the study in
accordance with this section.
SEC. 334. UPPER MISSISSIPPI RIVER PLAN.
Section 1103(e)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(4)) is amended by striking ``$15,000,000'' and
inserting ``$25,000,000''.
SEC. 335. REHABILITATION OF PUMP STATIONS.
Notwithstanding the requirements of section 133 of the Water
Resources Development Act of 2020 (33 U.S.C. 2327a), for purposes of
that section, each of the following shall be considered to be an
eligible pump station (as defined in subsection (a) of that section)
that meets the requirements described in subsection (b) of that
section:
(1) The flood control pump station, Hockanum Road,
Northampton, Massachusetts.
(2) Pointe Celeste Pump Station, Plaquemines Parish,
Louisiana.
SEC. 336. NAVIGATION ALONG THE TENNESSEE-TOMBIGBEE WATERWAY.
The Secretary shall, consistent with applicable statutory
authorities--
(1) coordinate with the relevant stakeholders and
communities in the State of Alabama and the State of
Mississippi to address the dredging needs of the Tennessee-
Tombigbee Waterway in those States; and
(2) ensure continued navigation at the locks and dams owned
and operated by the Corps of Engineers located along the
Tennessee-Tombigbee Waterway.
SEC. 337. GARRISON DAM, NORTH DAKOTA.
The Secretary shall expedite the review of, and give due
consideration to, the request from the relevant Federal power marketing
administration that the Secretary apply section 1203 of the Water
Resources Development Act of 1986 (33 U.S.C. 467n) to the project for
dam safety at Garrison Dam, North Dakota.
SEC. 338. SENSE OF CONGRESS RELATING TO MISSOURI RIVER PRIORITIES.
It is the sense of Congress that the Secretary should make publicly
available, where appropriate, any data used and any decisions made by
the Corps of Engineers relating to the operations of civil works
projects within the Missouri River Basin in order to ensure
transparency for the communities in that Basin.
SEC. 339. SOIL MOISTURE AND SNOWPACK MONITORING.
Section 511(a)(3) of the Water Resources Development Act of 2020
(134 Stat. 2753) is amended by striking ``2025'' and inserting
``2029''.
SEC. 340. CONTRACTS FOR WATER SUPPLY.
(a) Copan Lake, Oklahoma.--Section 8358(b)(2) of the Water
Resources Development Act of 2022 (136 Stat. 3802) is amended by
striking ``shall not pay more than 110 percent of the initial project
investment cost per acre-foot of storage for the acre-feet of storage
space sought under an agreement under paragraph (1)'' and inserting ``,
for the acre-feet of storage space being sought under an agreement
under paragraph (1), shall pay 110 percent of the contractual rate per
acre-foot of storage in the most recent agreement of the City for water
supply storage space at the project''.
(b) State of Kansas.--
(1) In general.--The Secretary shall amend the contracts
described in paragraph (2) between the United States and the
State of Kansas, relating to storage space for water supply, to
change the method of calculation of the interest charges that
began accruing on February 1, 1977, on the investment costs for
the 198,350 acre-feet of future use storage space and on April
1, 1979, on 125,000 acre-feet of future use storage from
compounding interest annually to charging simple interest
annually on the principal amount, until--
(A) the State of Kansas informs the Secretary of
the desire to convert the future use storage space to
present use; and
(B) the principal amount plus the accumulated
interest becomes payable pursuant to the terms of the
contracts.
(2) Contracts described.--The contracts referred to in
paragraph (1) are the following contracts between the United
States and the State of Kansas:
(A) Contract DACW41-74-C-0081, entered into on
March 8, 1974, for the use by the State of Kansas of
storage space for water supply in Milford Lake, Kansas.
(B) Contract DACW41-77-C-0003, entered into on
December 10, 1976, for the use by the State of Kansas
for water supply in Perry Lake, Kansas.
SEC. 341. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, ILLINOIS.
(a) In General.--Not later than 90 days after the date on which the
Secretary receives a request from the Governor of Illinois to terminate
a contract described in subsection (c), the Secretary shall amend the
contract to release to the United States all rights of the State of
Illinois to utilize water storage space in the reservoir project to
which the contract applies.
(b) Relief of Certain Obligations.--On execution of an amendment
described in subsection (a), the State of Illinois 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 cost allocated to the water supply
storage specified in the contract for the reservoir project to which
the contract applies.
(c) Contracts.--Subsection (a) applies to the following contracts
between the United States and the State of Illinois:
(1) Contract DACW43-88-C-0088, entered into on September
23, 1988, for utilization of storage space for water supply in
Rend Lake, Illinois.
(2) Contract DA-23-065-CIVENG-65-493, entered into on April
28, 1965, for utilization of storage space for water supply in
Rend Lake, Illinois.
(3) Contract DACW43-83-C-0008, entered into on July 6,
1983, for utilization of storage space in Carlyle Lake,
Illinois.
(4) Contract DACW43-83-C-0009, entered into on July 6,
1983, for utilization of storage space in Lake Shelbyville,
Illinois.
SEC. 342. DELAWARE COASTAL SYSTEM PROGRAM.
(a) Purpose.--The purpose of this section is to provide for the
collective planning and implementation of coastal storm risk management
and hurricane and storm risk reduction projects in Delaware to provide
greater efficiency and a more comprehensive approach to life safety and
economic growth.
(b) Designation.--The following projects for coastal storm risk
management and hurricane and storm risk reduction shall be known and
designated as the ``Delaware Coastal System Program'' (referred to in
this section as the ``Program''):
(1) Delaware Bay Coastline, Roosevelt Inlet and Lewes
Beach, Delaware, authorized by section 101(a)(13) of the Water
Resources Development Act of 1999 (113 Stat. 276).
(2) Delaware Coast, Bethany Beach and South Bethany,
Delaware, authorized by section 101(a)(15) of the Water
Resources Development Act of 1999 (113 Stat. 276).
(3) Delaware Coast from Cape Henlopen to Fenwick Island,
Delaware, authorized by section 101(b)(11) of the Water
Resources Development Act of 2000 (114 Stat. 2577).
(4) Rehoboth Beach and Dewey Beach, Delaware, authorized by
section 101(b)(6) of the Water Resources Development Act of
1996 (110 Stat. 3667).
(5) Indian River Inlet, Delaware.
(6) The project for hurricane and storm damage risk
reduction, Delaware Beneficial Use of Dredged Material for the
Delaware River, Delaware, authorized by section 401(3) of the
Water Resources Development Act of 2020 (134 Stat. 2736) and
modified by section 8327(a) of the Water Resources Development
Act of 2022 (136 Stat. 3788) and subsection (e).
(c) Management.--The Secretary shall manage the projects described
in subsection (b) as components of a single, comprehensive system,
recognizing the interdependence of the projects.
(d) Cost-share.--Notwithstanding any other provision of law, the
Federal share of the cost of each of the projects described in
paragraphs (1) through (4) of subsection (b) shall be 80 percent.
(e) Broadkill Beach, Delaware.--The project for hurricane and storm
damage risk reduction, Delaware Beneficial Use of Dredged Material for
the Delaware River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736) and modified by
section 8327(a) of the Water Resources Development Act of 2022 (136
Stat. 3788), is modified to include the project for hurricane and storm
damage reduction, Delaware Bay coastline, Delaware and New Jersey-
Broadkill Beach, Delaware, authorized by section 101(a)(11) of the
Water Resources Development Act of 1999 (113 Stat. 275).
SEC. 343. MAINTENANCE OF PILE DIKE SYSTEM.
The Secretary shall continue to maintain the pile dike system
constructed by the Corps of Engineers for the purpose of navigation
along the Lower Columbia River and Willamette River, Washington, at
Federal expense.
SEC. 344. 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.--
(A) Hold harmless.--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.
(B) Federal responsibility.--The United States
shall remain responsible for any liability with respect
to activities carried out before the date of conveyance
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) Dillard Road, Indiana.--
(1) Conveyance authorized.--The Secretary shall convey to
the State of Indiana all right, title, and interest of the
United States, together with any improvements on the land, in
and to the property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 11.85 acres of land and road
easements associated with Dillard Road, including improvements
on that land, located in Patoka Township, Crawford County,
Indiana.
(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 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.
(c) Port of Skamania, Washington.--
(1) Conveyance authorized.--The Secretary shall convey to
the Port of Skamania, Washington, all right, title, and
interest of the United States, together with any improvements
on the land, in and to the property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 1.6 acres of land designated as
``Lot I-2'', including any improvements on the land, located in
North Bonneville, Washington, T. 2 N., R. 7 E., sec. 19,
Willamette Meridian.
(3) Consideration.--The Port of Skamania, Washington, 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.
SEC. 345. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project--
(1) that is located in the State of California or the State
of Arizona; and
(2)(A) of the Corps of Engineers for which water supply is
an authorized purpose; or
(B) for which the Secretary develops a water control manual
under section 7 of the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (58 Stat. 890, chapter
665; 33 U.S.C. 709).
(b) Emergency Operation During Drought.--Consistent with other
authorized project purposes and in coordination with the non-Federal
interest, in operating a covered project during a drought emergency in
the project area, the Secretary may carry out a pilot program to
operate the covered project with water supply as the primary project
purpose.
(c) Updates.--In carrying out this section, the Secretary may
update the water control manual for a covered project to include
drought operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the Secretary
shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations
and drought contingency plans in the water control
manual for the covered project;
(B) impact only the flood pool managed by the
Secretary; and
(C) shall not be carried out in the event of a
forecast or anticipated flood or weather event that
would require flood risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses
forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were
in place prior to the use of the authority provided under that
subsection at a time determined by the Secretary, in
coordination with the non-Federal interest.
(e) Contributed Funds.--The Secretary may receive and expend funds
contributed by a non-Federal interest to carry out activities under
this section.
(f) Report.--
(1) In general.--Not later than 2 years 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 pilot program carried out under
this section.
(2) Inclusions.--The Secretary shall include in the report
under paragraph (1) a description of the activities of the
Secretary that were carried out for each covered project and
any lessons learned from carrying out those activities.
(g) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes
of a covered project;
(2) affects existing Corps of Engineers authorities,
including authorities with respect to navigation, flood damage
reduction, and environmental protection and restoration;
(3) affects the ability of the Corps of Engineers to
provide for temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
(5) supersedes or modifies any written agreement between
the Federal Government and a non-Federal interest that is in
effect on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan for the Colorado River Basin, if
applicable;
(7) affects any water right in existence on the date of
enactment of this Act;
(8) preempts or affects any State water law or interstate
compact governing water;
(9) affects existing water supply agreements between the
Secretary and the non-Federal interest; or
(10) affects any obligation to comply with the provisions
of any Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 346. REHABILITATION OF EXISTING LEVEES.
Section 3017(e) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended by
striking ``2028'' and inserting ``2029''.
SEC. 347. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
(a) In General.--Section 1043(b) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121) is
amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I), by
striking ``20'' and inserting ``30''; and
(B) in subclause (III), by striking ``5'' and
inserting ``15''; and
(2) in paragraph (8), by striking ``each of fiscal years
2019 through 2026'' and inserting ``each of fiscal years 2025
through 2029''.
(b) Louisiana Coastal Area Restoration Projects.--
(1) In general.--In carrying out the pilot program under
section 1043(b) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121), the
Secretary may include in the pilot program a project authorized
to be implemented under, or in accordance with, title VII of
the Water Resources Development Act of 2007 (121 Stat. 1270).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has initiated
construction in accordance with authorities governing the
provision of in-kind contributions for the project, the
Secretary shall take into account the value of any in-kind
contributions provided by the non-Federal interest for the
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 (33 U.S.C. 2201
note; Public Law 113-121) for purposes of determining the non-
Federal share of the costs to complete construction of the
project.
SEC. 348. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Section 128(c) of the Water Resources Development Act of 2020 (33
U.S.C. 610 note; Public Law 116-260) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) Lake Elsinore, California; and
``(16) Willamette River, Oregon.''.
SEC. 349. SENSE OF CONGRESS RELATING TO MOBILE HARBOR, ALABAMA.
It is sense of Congress that the Secretary should, consistent with
applicable statutory authorities, coordinate with relevant stakeholders
in the State of Alabama to address the dredging and dredging material
placement needs associated with the project for navigation, Mobile
Harbor, Alabama, authorized by section 201 of the Flood Control Act of
1965 (42 U.S.C. 1962d-5) and modified by section 309 of the Water
Resources Development Act of 2020 (134 Stat. 2704).
SEC. 350. SENSE OF CONGRESS RELATING TO PORT OF PORTLAND, OREGON.
It is sense of Congress that--
(1) the Port of Portland, Oregon, is the sole dredging
operator of the federally authorized navigation channel in the
Columbia River, which was authorized by section 101 of the
River and Harbors Act of 1962 (76 Stat. 1177);
(2) the Corps of Engineers should continue to provide
operation and maintenance support for the Port of Portland,
Oregon, including for dredging equipment;
(3) the pipeline dredge of the Port of Portland, known as
the ``Dredge Oregon'', was built in 1965, 58 years ago, while
the average age of a dredging vessel in the United States is 25
years; and
(4) Congress commits to ensuring continued dredging for the
Port of Portland.
SEC. 351. CHATTAHOOCHEE RIVER PROGRAM.
Section 8144 of the Water Resources Development Act of 2022 (136
Stat. 3724) is amended--
(1) by striking ``comprehensive plan'' each place it
appears and inserting ``plans'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Comprehensive Plan'' and inserting ``Implementation
Plans''; and
(B) in paragraph (1)--
(i) by striking ``2 years'' and inserting
``4 years''; and
(ii) by striking ``a comprehensive
Chattahoochee River Basin restoration plan to
guide the implementation of projects'' and
inserting ``plans to guide implementation of
Chattahoochee River Basin restoration
projects''; and
(3) in subsection (j), by striking ``3 years'' and
inserting ``5 years''.
SEC. 352. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
Section 8132 of the Water Resources Development Act of 2022 (33
U.S.C. 2238e) is amended--
(1) in subsection (a), by inserting ``and for purposes of
contributing to ecosystem restoration'' before the period at
the end; and
(2) in subsection (h)(1), by striking ``2026'' and
inserting ``2029''.
SEC. 353. WINOOSKI RIVER TRIBUTARY WATERSHED.
Section 212(e)(2) of the Water Resources Development Act of 1999
(33 U.S.C. 2332(e)(2)) is amended by adding at the end the following:
``(L) Winooski River tributary watershed,
Vermont.''.
SEC. 354. WACO LAKE, TEXAS.
The Secretary shall, to the maximum extent practicable, expedite
the review of, and give due consideration to, the request from the City
of Waco, Texas, that the Secretary apply section 147 of the Water
Resources Development Act of 2020 (33 U.S.C. 701q-1) to the embankment
adjacent to Waco Lake in Waco, Texas.
SEC. 355. SEMINOLE TRIBAL CLAIM EXTENSION.
Section 349 of the Water Resources Development Act of 2020 (134
Stat. 2716) is amended in the matter preceding paragraph (1) by
striking ``2022'' and inserting ``2027''.
SEC. 356. COASTAL EROSION PROJECT, BARROW, ALASKA.
For purposes of implementing the coastal erosion project, Barrow,
Alaska, the Secretary may consider the North Slope Borough to be in
compliance with section 402(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 701b-12(a)) on adoption by the North Slope Borough
Assembly of a floodplain management plan to reduce the impacts of
future flood events in the immediate floodplain area of the project if
that plan--
(1) is approved by the relevant Federal agency; and
(2) was developed in consultation with the relevant Federal
agency and the Secretary.
SEC. 357. COLEBROOK RIVER RESERVOIR, CONNECTICUT.
(a) Contract Termination Request.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives a request from the Metropolitan
District of Hartford County, Connecticut, to terminate the
contract described in paragraph (2), the Secretary shall offer
to amend the contract to release to the United States all
rights of the Metropolitan District of Hartford, Connecticut,
to utilize water storage space in the reservoir project to
which the contract applies.
(2) Contract described.--The contract referred to in
paragraph (1) and subsection (b) is the contract between the
United States and the Metropolitan District of Hartford County,
Connecticut, numbered DA-19-016-CIVENG-65-203, with respect to
the Colebrook River Reservoir in Connecticut.
(b) Relief of Certain Obligations.--On execution of the amendment
described in subsection (a)(1), the Metropolitan District of Hartford
County, Connecticut, 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 cost allocated to the water supply storage specified in
the contract described in subsection (a)(2) for the reservoir project
to which the contract applies.
SEC. 358. SENSE OF CONGRESS RELATING TO SHALLOW DRAFT DREDGING IN THE
CHESAPEAKE BAY.
It is the sense of Congress that--
(1) shallow draft dredging in the Chesapeake Bay is
critical for tourism, recreation, and the fishing industry and
that additional dredging is needed; and
(2) the Secretary should, to the maximum extent
practicable, use existing statutory authorities to address the
dredging needs at small harbors and channels in the Chesapeake
Bay.
SEC. 359. REPLACEMENT OF CAPE COD CANAL BRIDGES.
(a) Authority.--The Secretary is authorized to allow the
Commonwealth of Massachusetts to construct the replacement of the
Bourne Bridge and the Sagamore Bridge, Massachusetts.
(b) Requirements.--
(1) In general.--The authority provided under subsection
(a) shall be--
(A) carried out in accordance with a memorandum of
understanding entered into by the Secretary and the
Commonwealth of Massachusetts;
(B) subject to the same legal and technical
requirements as if the construction of the replacement
of the bridges were carried about by the Secretary, and
any other conditions that the Secretary determines to
be appropriate; and
(C) on the condition that the bridges shall be
conveyed to the Commonwealth of Massachusetts on
completion of the replacement of the bridges pursuant
to section 109 of the River and Harbor Act of 1950 (33
U.S.C. 534).
(c) Conditions.--Before carrying out the construction of the
replacement of the Bourne Bridge and the Sagamore Bridge,
Massachusetts, under this section, the Commonwealth of Massachusetts
shall--
(1) obtain any permit or approval required in connection
with that replacement under Federal or State law; and
(2) ensure that the environmental impact statement or
environmental assessment, as appropriate, for that replacement
is complete.
(d) Reimbursement.--
(1) In general.--Subject to paragraphs (2) and (3) and
subsection (e), the Secretary is authorized to reimburse the
Commonwealth of Massachusetts for the Corps of Engineers
contribution of the construction costs for the replacement of
the Bourne Bridge and the Sagamore Bridge, Massachusetts, or a
portion of the replacement of the bridges, except that the
total reimbursement for the replacement of the bridges shall
not exceed $250,000,000.
(2) Availability of appropriations.--The total amount of
reimbursement described in paragraph (1)--
(A) shall be subject to the availability of
appropriations; and
(B) shall not be derived from the previous funding
provided to the Secretary under title I of division D
of the Consolidated Appropriations Act, 2024 (Public
Law 118-42), for the Corps of Engineers for the purpose
of replacing the Bourne Bridge and Sagamore Bridge,
Massachusetts.
(3) Certification.--Prior to providing a reimbursement
under this subsection, the Secretary shall certify that the
Commonwealth of Massachusetts has carried out the construction
of the replacement of the Bourne Bridge and the Sagamore
Bridge, Massachusetts, or a portion of the replacement of the
bridges in accordance with--
(A) all applicable permits and approvals; and
(B) this section.
(e) Total Funding.--The total amount of funding expended by the
Secretary for the construction of the replacement of the Bourne Bridge
and the Sagamore Bridge, Massachusetts, shall not exceed $600,000,000.
SEC. 360. UPPER ST. ANTHONY FALLS LOCK AND DAM, MINNEAPOLIS, MINNESOTA.
Section 356(f) of the Water Resources Development Act of 2020 (134
Stat. 2724) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Considerations.--In carrying out paragraph (1), as
expeditiously as possible and to the maximum extent
practicable, the Secretary shall take all possible measures to
reduce the physical footprint required for easements described
in subparagraph (A) of that paragraph, including an examination
of the use of crane barges on the Mississippi River.''.
SEC. 361. FLEXIBILITIES FOR CERTAIN HURRICANE AND STORM DAMAGE RISK
REDUCTION PROJECTS.
(a) Findings.--Congress finds that--
(1) the Corps of Engineers incorrectly applied the
nationwide statutory requirements and the policies of the
agency related to easements for communities within the
boundaries of the Jacksonville District;
(2) this incorrect application created inconsistencies,
confusion, and challenges with carrying out 18 critical
hurricane and storm damage risk reduction projects in Florida,
and in order to remedy the situation, the Assistant Secretary
of the Army for Civil Works issued a memorandum that provided
flexibilities for the easements of those projects; and
(3) those projects need additional assistance going
forward, and as such, this section provides additional
flexibilities and allows the projects to transition, on the
date of their expiration, to the nationwide policies and
statutory requirements for easements of the Corps of Engineers.
(b) Flexibilities Provided.--Notwithstanding any other provision of
law, but maintaining any existing easement agreement or executed
project partnership agreement for a project described in subsection
(c), the Secretary may proceed to construction of a project described
in that subsection with an easement of not less than 25 years, in lieu
of the perpetual beach storm damage reduction easement standard estate
if--
(1) the project complies with all other applicable laws and
Corps of Engineers policies during the term of the easement,
including the guarantee of a public beach, public access,
public use, and access for any work necessary and incident to
the construction of the project, periodic nourishment, and
operation, maintenance, repair, replacement, and rehabilitation
of the project; and
(2) the non-Federal interest agrees to pay the costs of
acquiring easements for periodic nourishment of the project
after the expiration of the initial easements, for which the
non-Federal interest may not receive credit toward the non-
Federal share of the costs of the project.
(c) Projects Described.--A project referred to in subsection (b) is
any of the following projects for hurricane and storm damage risk
reduction:
(1) Brevard County, Canaveral Harbor, Florida - North
Reach.
(2) Brevard County, Canaveral Harbor, Florida - South
Reach.
(3) Broward County, Florida - Segment II.
(4) Lee County, Florida - Captiva.
(5) Lee County, Florida - Gasparilla.
(6) Manatee County, Florida.
(7) Martin County, Florida.
(8) Nassau County, Florida.
(9) Palm Beach County, Florida - Jupiter/Carlin Segment.
(10) Palm Beach County, Florida - Mid Town.
(11) Palm Beach County, Florida - Ocean Ridge.
(12) Pinellas County, Florida - Long Key.
(13) Pinellas County, Florida - Sand Key Segment.
(14) Pinellas County, Florida - Treasure Island.
(15) Sarasota County, Florida - Venice Beach.
(16) St. Johns County, Florida - St. Augustine Beach.
(17) St. Johns County, Florida - Vilano Segment.
(18) St. Lucie County, Florida - Hutchinson Island.
(d) Prohibition.--The Secretary shall not carry out an additional
economic justification for a project described in subsection (c) on the
basis that the project has easements for a period of less than 50 years
pursuant to this section.
(e) Written Notice.--Not less than 5 years before the date of
expiration of an easement for a project described in subsection (c),
the Secretary shall provide to the non-Federal interest for the project
written notice that if the easement expires and is not extended under
subsection (f)--
(1) the Secretary will not be able--
(A) to renourish the project under the existing
project authorization; or
(B) to restore the project to pre-storm conditions
under section 5 of the Act of August 18, 1941 (commonly
known as the ``Flood Control Act of 1941'') (55 Stat.
650, chapter 377; 33 U.S.C. 701n); and
(2) the non-Federal interest or the applicable State will
have the responsibility to renourish or restore the project.
(f) Extension.--With respect to a project described in subsection
(c), before the expiration of an easement that has a term of less than
50 years and is subject to subsection (b), the Secretary may allow the
non-Federal interest for the project to extend the easement, subject to
the condition that the easement and any extensions do not exceed 50
years in total.
(g) Temporary Easements.--In the case of a project described in
subsection (c) that received funding under section 5 of the Act of
August 18, 1941 (commonly known as the ``Flood Control Act of 1941'')
(55 Stat. 650, chapter 377; 33 U.S.C. 701n), made available by a
supplemental appropriations Act, or is eligible to receive such funding
as a result of storm damage incurred during fiscal year 2022, 2023,
2024, 2025, or 2026, the project may use 1 or more temporary easements,
subject to the conditions that--
(1) the easement lasts for the duration of the applicable
renourishment agreement; and
(2) the work shall be carried out by not later than 2 years
after the date of enactment of this Act.
(h) Termination.--The authority provided under this section shall
terminate, with respect to a project described in subsection (c), on
the date on which the operations and maintenance activities for that
project expire.
TITLE IV--PROJECT AUTHORIZATIONS
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. MD Baltimore Harbor June 22, 2023 Federal: $47,956,500
Anchorages and Non-Federal: $15,985,500
Channels, Sea Total: $63,942,000
Girt Loop
------------------------------------------------------------------------
2. CA Oakland Harbor May 30, 2024 Federal: $408,164,600
Turning Basins Non-Federal: $200,780,400
Widening Total: $608,945,000
------------------------------------------------------------------------
3. AK Akutan Harbor July 17, 2024 Federal: $68,100,000
Navigational Non-Federal: $1,700,000
Improvements Total: $69,800,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. KS Manhattan Levees May 6, 2024 Federal: $29,455,000
Non-Federal: $15,860,000
Total: $45,315,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. RI Rhode Island September 28, Federal: $188,353,750
Coastline Storm 2023 Non-Federal: $101,421,250
Risk Management Total: $289,775,000
------------------------------------------------------------------------
2. FL St. Johns County, April 18, Federal: $49,223,000
Ponte Vedra 2024 Non-Federal: $89,097,000
Beach, Coastal Total: $138,320,000
Storm Risk
Management
------------------------------------------------------------------------
3. LA St. Tammany May 28, 2024 Federal: $3,653,346,450
Parish, Louisiana Non-Federal: $2,240,881,550
Coastal Storm and Total: $5,894,229,000
Flood Risk
Management
------------------------------------------------------------------------
4. DC Metropolitan June 17, 2024 Federal: $9,899,500
Washington, Non-Federal: $5,330,500
District of Total: $15,230,000
Columbia, Coastal
Storm Risk
Management
------------------------------------------------------------------------
(4) Navigation and hurricane and storm damage risk
reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Gulf Intracoastal June 2, 2023 Federal: $204,244,000
Waterway, Inland Waterways Trust
Brazoria and Fund: $109,977,000
Matagorda Total: $314,221,000
Counties
------------------------------------------------------------------------
(5) Flood risk management and aquatic ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. MS Memphis December 18, Federal: $44,295,000
Metropolitan 2023 Non-Federal: $23,851,000
Stormwater-North Total: $68,146,000
DeSoto County
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. NY South Shore Staten February 6, Federal: $1,730,973,900
Island, Fort 2024 Non-Federal: $363,228,100
Wadsworth to Total: $2,094,202,000
Oakwood Beach
Coastal Storm
Risk Management
------------------------------------------------------------------------
2. MO University City February 9, Federal: $9,094,000
Branch, River Des 2024 Non-Federal: $4,897,000
Peres Total: $13,990,000
------------------------------------------------------------------------
3. AZ Tres Rios, Arizona May 28, 2024 Federal: $213,433,000
Ecosystem Non-Federal: $118,629,000
Restoration Total: $332,062,000
Project
------------------------------------------------------------------------
SEC. 402. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Civil
Functions Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise
obligated, the Secretary may--
(1) design and construct an Operations and Maintenance
Building in Galveston, Texas, described in the prospectus
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on May 22, 2024,
pursuant to subsection (c) of that section of that Act (33
U.S.C. 576(c)), substantially in accordance with the
prospectus;
(2) design and construct a warehouse facility at the
Longview Lake Project, Lee's Summit, Missouri, described in the
prospectus submitted to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on May 22, 2024,
pursuant to subsection (c) of that section of that Act (33
U.S.C. 576(c)), substantially in accordance with the
prospectus;
(3) design and construct facilities, including a joint
administration building, a maintenance building, and a covered
boat house, at the Corpus Christi Resident Office
(Construction) and the Corpus Christi Regulatory Field Office,
Naval Air Station, Corpus Christi, Texas, described in the
prospectus submitted to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on June 6, 2024,
pursuant to subsection (c) of that section of that Act (33
U.S.C. 576(c)), substantially in accordance with the
prospectus; and
(4) carry out such construction and infrastructure
improvements as are required to support the facilities
described in paragraphs (1) through (3), including any
necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576), is
appropriately reimbursed from funds appropriated for Corps of Engineers
programs that benefit from the facilities constructed under this
section.
Passed the Senate August 1, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 4367
_______________________________________________________________________
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.