[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3403 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3403

 To establish a lower Missouri River flood prevention program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2020

  Mr. Blunt (for himself, Mr. Grassley, Mr. Roberts, Mr. Moran, Mrs. 
Fischer, Mr. Hawley, Ms. Ernst, and Mr. Sasse) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To establish a lower Missouri River flood prevention program, 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. LOWER MISSOURI RIVER FLOOD PREVENTION PROGRAM.

    (a) Definitions.--In this section:
            (1) Affected community.--The term ``affected community'' 
        means a legally constituted public body (as that term is used 
        in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
        1962d-5b(b)) the jurisdiction of which has been subject to 
        flooding from the lower Missouri River or a tributary of the 
        lower Missouri River in not less than 2 events during any 10-
        year period beginning on or after January 1, 2000, 
        notwithstanding the provision of emergency flood fighting 
        assistance 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), from the Corps of Engineers 
        during those flooding events.
            (2) Lower missouri river.--The term ``lower Missouri 
        River'' means--
                    (A) the lower 735 miles of the Missouri River from 
                Sioux City, Iowa, to the mouth of the Missouri River; 
                and
                    (B) the tributaries of the portion of the Missouri 
                River described in subparagraph (A).
            (3) Missouri river project.--The term ``Missouri River 
        project'' means--
                    (A) a project constructed as part of--
                            (i) the Pick-Sloan Missouri River Basin 
                        Program authorized by section 9(b) of the Act 
                        of December 22, 1944 (commonly known as the 
                        ``Flood Control Act of 1944'') (58 Stat. 891, 
                        chapter 665); or
                            (ii) the Missouri River Bank Stabilization 
                        and Navigation Project authorized by section 2 
                        of the Act of March 2, 1945 (commonly known as 
                        the ``River and Harbor Act of 1945'') (59 Stat. 
                        19, chapter 19); and
                    (B) a locally owned levee system, as identified by 
                the Secretary for participation under the program under 
                subsection (b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Program.--
            (1) In general.--The Secretary shall carry out a program to 
        study, design, and construct water resources development 
        projects, and modifications to completed water resources 
        development projects, to provide flood protection to affected 
        communities.
            (2) Preliminary technical evaluations.--The Secretary shall 
        carry out, at full Federal expense, any technical evaluations 
        or analyses of a Missouri River project determined by the 
        Secretary to be necessary to formulate flood protection 
        recommendations for affected communities that avoid or 
        minimize--
                    (A) the potential for flood risk transfer; and
                    (B) adverse impacts to navigation and other 
                authorized purposes of the applicable Missouri River 
                project.
            (3) System plan.--
                    (A) In general.--A preliminary technical evaluation 
                under paragraph (2) shall include development of a 
                system plan for reducing flood risk and improving 
                resiliency that shall be used in recommending projects 
                for construction.
                    (B) Considerations.--In developing a system plan 
                under subparagraph (A), the Secretary shall consider--
                            (i) recommendations of the Pick-Sloan 
                        Missouri River Basin Program authorized by 
                        section 9(b) of the Act of December 22, 1944 
                        (commonly known as the ``Flood Control Act of 
                        1944'') (58 Stat. 891, chapter 665), and 
                        subsequent relevant engineering observations 
                        and reports; and
                            (ii) the use of both structural and 
                        nonstructural measures, including the setting 
                        back of levees and removing structures from 
                        areas of recurring flood vulnerability where 
                        advantageous to reduce system flood risk and 
                        damages, and where locally acceptable.
            (4) Consultation.--The Secretary shall carry out the 
        program under this subsection in consultation with applicable 
        Federal and State agencies, Indian Tribes, and other 
        stakeholders.
            (5) Construction.--
                    (A) Feasibility report.--For each project 
                recommended for construction under this subsection, the 
                District Commander of the district in which the project 
                is located shall develop a feasibility report for 
                approval by the Commander of the Northwestern Division 
                of the Corps of Engineers that includes project 
                features, costs, cooperation requirements, and 
                justification.
                    (B) Construction of projects.--After approval of a 
                feasibility report under subparagraph (A) and subject 
                to paragraph (6), the Secretary shall construct the 
                project.
                    (C) Timeliness.--The Secretary shall carry out 
                feasibility studies and construction phase activities 
                under this subsection as expeditiously as possible, 
                including by concurrently conducting project planning 
                and construction activities where advisable.
            (6) Cost.--
                    (A) In general.--Except as provided under 
                subparagraph (B), not more than $75,000,000 may be used 
                for the Federal costs of construction of a project 
                under this subsection.
                    (B) Specific authorization.--The Secretary may 
                carry out a project under this subsection for which the 
                Federal share of the cost of the project exceeds 
                $75,000,000 if Congress provides a specific 
                authorization for the project prior to construction.
            (7) Cost-share.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (C), the 
                Federal share of the cost of a feasibility study or 
                project carried out under this subsection shall be 80 
                percent.
                    (B) Inclusions.--Costs of a project carried out 
                under this subsection shall include the costs of--
                            (i) design;
                            (ii) design-related activities and data 
                        gathering;
                            (iii) all land, easements, right-of-way 
                        acquisitions, and borrow and disposal areas, 
                        including related administrative costs, 
                        required for construction and maintenance of 
                        the project;
                            (iv) costs to relocate compensable public 
                        and private utilities; and
                            (v) construction and construction 
                        management.
                    (C) Ability to pay.--
                            (i) In general.--A cost-sharing agreement 
                        for a project under this subsection shall be 
                        subject to the ability of the affected 
                        community to pay.
                            (ii) Determination.--The ability of an 
                        affected community to pay shall be determined 
                        by the Secretary, in accordance with procedures 
                        established by the Secretary.
                            (iii) Treatment.--Any reduction in the 
                        share of the affected community of the cost of 
                        a project under this subsection in accordance 
                        with clause (i) shall not be included for 
                        purposes of the amount described in paragraph 
                        (6)(A).
            (8) Transfer.--On completion of a project under this 
        subsection, the Secretary shall transfer ownership (including 
        operation and maintenance responsibility) of the project, 
        including any permanent land and easements acquired for the 
        project, to the non-Federal interest.
            (9) Authorization of appropriations.--There is authorized 
        to be appropriated for planning, design, and construction under 
        this section $500,000,000, to remain available until expended.
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