[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3624 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3624

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2022

Mr. Carper (for himself and Mr. Cassidy) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  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 ``Shoreline Health 
Oversight, Restoration, Resilience, and Enhancement Act''.
    (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.
Sec. 3. Shoreline and riverbank protection and restoration mission.
Sec. 4. Project authorizations.
Sec. 5. Modifications.
Sec. 6. Reauthorization of certain beach nourishment projects.
Sec. 7. Special rule for certain beach nourishment projects.
Sec. 8. Protection and restoration of other Federal land along rivers 
                            and coasts.
Sec. 9. Flood and coastal storm risk management feasibility studies.
Sec. 10. Credit in lieu of reimbursement.
Sec. 11. Coastal cost calculations.
Sec. 12. Advance payment in lieu of reimbursement for certain Federal 
                            costs.
Sec. 13. Cost sharing for nonstructural projects.
Sec. 14. Coastal community flood control and other purposes.
Sec. 15. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 16. Delaware shore protection and restoration.
Sec. 17. Great Lakes advance measures assistance.
Sec. 18. Forecasting models for the Great Lakes.
Sec. 19. Chattahoochee River program.
Sec. 20. Mississippi River mat sinking unit.
Sec. 21. Rehabilitation of existing levees.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

SEC. 3. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.

    (a) Declaration of Policy.--Congress declares that--
            (1) it is the policy of the United States to protect and 
        restore the shorelines of the United States, which include each 
        beach and shore of the Atlantic and Pacific Oceans, the Gulf of 
        Mexico, the Great Lakes, and lakes, estuaries, and bays 
        directly connected to those bodies of water, from the damaging 
        impacts of climate change and other factors contributing to the 
        vulnerability of coastal communities and ecosystems;
            (2) the protection and restoration of shores, and of the 
        banks of rivers and streams, from erosion and other damaging 
        forces exacerbated by climate change shall be restored to a 
        primary mission of the Corps of Engineers in carrying out water 
        resources development projects;
            (3) projects and measures for the protection and 
        restoration of shores, and of the banks of rivers and streams, 
        shall be formulated to increase the resilience of such shores, 
        and of such banks, from the damaging impacts of climate change 
        and other factors contributing to the vulnerability of coastal 
        and riverine communities and ecosystems using measures 
        described in section 1184(a) of the Water Resources Development 
        Act of 2016 (33 U.S.C. 2289a(a)) to the maximum extent 
        practicable; and
            (4) periodic nourishment shall be provided, in accordance 
        with subsection (c) of the first section of the Act of August 
        13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c)), and 
        subject to section 156 of the Water Resources Development Act 
        of 1976 (42 U.S.C. 1962d-5f), for projects and measures carried 
        out for the purpose of restoring and increasing the resilience 
        of ecosystems to the same extent as periodic nourishment is 
        provided for projects and measures carried out for the purpose 
        of coastal storm risk management.
    (b) Shoreline and Riverine Protection and Restoration.--
            (1) In general.--Section 212 of the Water Resources 
        Development Act of 1999 (33 U.S.C. 2332) is amended--
                    (A) in the section heading, by striking ``flood 
                mitigation and riverine restoration program'' and 
                inserting ``shoreline and riverine protection and 
                restoration'';
                    (B) in subsection (a)--
                            (i) by striking ``undertake a program for 
                        the purpose of conducting'' and inserting 
                        ``carry out'';
                            (ii) by striking ``to reduce flood 
                        hazards'' and inserting ``to reduce erosion and 
                        flood and coastal storm hazards''; and
                            (iii) by inserting ``and shorelines'' after 
                        ``rivers'';
                    (C) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``In carrying out 
                                the program, the'' and inserting 
                                ``The'';
                                    (II) by inserting ``and coastal 
                                storm'' after ``flood''; and
                                    (III) by inserting ``erosion 
                                mitigation,'' after ``reduction,'';
                            (ii) in paragraph (3), by striking ``flood 
                        damages'' and inserting ``flood and coastal 
                        storm damages, including the use of measures 
                        described in section 1184(a) of the Water 
                        Resources Development Act of 2016 (33 U.S.C. 
                        2289a(a))''; and
                            (iii) in paragraph (4)--
                                    (I) by inserting ``and coastal 
                                storm'' after ``flood'';
                                    (II) by inserting ``, shoreline,'' 
                                after ``riverine''; and
                                    (III) by inserting ``and coastal 
                                barriers'' after ``floodplains'';
                    (D) in subsection (c)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) Studies.--The non-Federal share of the cost of a 
        study under this section shall be--
                    ``(A) 20 percent; and
                    ``(B) 10 percent, in the case of a study 
                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)).''; and
                            (ii) in paragraph (2)--
                                    (I) in the paragraph heading, by 
                                striking ``flood control''; and
                                    (II) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) In general.--Design and construction of a 
                nonstructural measure or project, a measure or project 
                described in section 1184(a) of the Water Resources 
                Development Act of 2016 (33 U.S.C. 2289a(a)), or for a 
                measure or project for environmental restoration, shall 
                be subject to cost sharing in accordance with section 
                103(b) of the Water Resources Development Act of 1986 
                (33 U.S.C. 2213(b)).''; and
                            (iii) in paragraph (3)--
                                    (I) in the paragraph heading, by 
                                inserting ``or hurricane and storm 
                                damage reduction'' after ``flood 
                                control'';
                                    (II) by inserting ``or hurricane 
                                and storm damage reduction'' after 
                                ``flood control''; and
                                    (III) by striking ``section 103(a) 
                                of the Water Resources Development Act 
                                of 1986 (33 U.S.C. 2213(a))'' and 
                                inserting ``section 103 of the Water 
                                Resources Development Act of 1986 (33 
                                U.S.C. 2213), except that the non-
                                Federal share of the cost to design and 
                                construct 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)) shall be 10 percent'';
                    (E) in subsection (d)--
                            (i) by striking paragraph (2);
                            (ii) by striking the subsection designation 
                        and heading and all that follows through 
                        ``Notwithstanding'' in paragraph (1) in the 
                        matter preceding subparagraph (A) and inserting 
                        the following:
    ``(d) Project Justification.--Notwithstanding'';
                            (iii) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively, and indenting appropriately; and
                            (iv) in paragraph (1) (as so redesignated), 
                        by striking ``flood damages'' and inserting 
                        ``flood, coastal storm, or erosion damages'';
                    (F) in subsection (e)--
                            (i) by redesignating paragraphs (1) through 
                        (33) as subparagraphs (A) through (GG), 
                        respectively, and indenting appropriately;
                            (ii) in the matter preceding subparagraph 
                        (A) (as so redesignated), by striking ``In 
                        carrying out'' and inserting the following:
            ``(1) In general.--In carrying out''; and
                            (iii) by adding at the end the following:
            ``(2) Priority projects.--In carrying out this section 
        after the date of enactment of the Shoreline Health Oversight, 
        Restoration, Resilience, and Enhancement Act, the Secretary 
        shall prioritize projects for the following locations:
                    ``(A) Delaware Bay Beaches, Delaware.
                    ``(B) Louisiana Coastal Area, Louisiana.
                    ``(C) Great Lakes Shores and Watersheds.
                    ``(D) Oregon Coastal Area, Oregon.
                    ``(E) Upper Missouri River Basin.
                    ``(F) Kanawha River Basin, West Virginia.
                    ``(G) Any additional locations, as determined 
                annually by the Secretary.'';
                    (G) by striking subsections (f), (g), and (i);
                    (H) by redesignating subsection (h) as subsection 
                (f); and
                    (I) in subsection (f) (as so redesignated), by 
                striking paragraph (2) and inserting the following:
            ``(2) Projects requiring specific authorization.--The 
        Secretary shall not carry out a project until Congress enacts a 
        law authorizing the Secretary to carry out the project, if the 
        Federal share of the cost to design and construct the project 
        exceeds--
                    ``(A) $26,000,000, 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));
                    ``(B) $23,000,000, in the case of a project other 
                than a project benefitting an economically 
                disadvantaged community (as so defined) that--
                            ``(i) is for purposes of environmental 
                        restoration; or
                            ``(ii) derives not less than 50 percent of 
                        the erosion, flood, or coastal storm risk 
                        reduction benefits from nonstructural measures 
                        or measures described in section 1184(a) of the 
                        Water Resources Development Act of 2016 (33 
                        U.S.C. 2289a(a)); or
                    ``(C) $18,500,000, for a project other than a 
                project described in subparagraph (A) or (B).''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Water Resources Development Act of 1999 (113 Stat. 
        269) is amended by striking the item relating to section 212 
        and inserting the following:

``Sec. 212. Shoreline and riverine protection and restoration.''.

SEC. 4. PROJECT AUTHORIZATIONS.

    (a) In General.--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) Coastal storm risk management.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CT     Fairfield and New   January 19,    Federal: $86,542,000
           Haven Counties      2021          Non-Federal: $46,599,000
                                             Total: $133,141,000
------------------------------------------------------------------------
2. PR     San Juan Metro      September 16,  Federal: $237,885,000
                               2021          Non-Federal: $127,306,000
                                             Total: $365,190,000
------------------------------------------------------------------------
3. FL     Florida Keys,       September 24,  Federal: $1,367,250,000
           Monroe County       2021          Non-Federal: $736,212,000
                                             Total: $2,103,462,000
------------------------------------------------------------------------
4. FL     Okaloosa County     October 7,     Federal: $19,822,000
                               2021          Non-Federal: $11,535,000
                                             Total: $31,357,000
------------------------------------------------------------------------
5. SC     Folly Beach         October 26,    Federal: $45,490,000
                               2021          Non-Federal: $5,054,000
                                             Total: $50,544,000
------------------------------------------------------------------------
6. FL     Pinellas County     October 29,    Federal: $8,627,000
                               2021          Non-Federal: $5,332,000
                                             Total: $13,959,000
------------------------------------------------------------------------
7. NY     South Shore of      October 27,    Federal: $371,310,000
           Staten Island,      2016          Non-Federal: $199,940,000
           Fort Wadsworth to                 Total: $571,250,000
           Oakwood Beach
------------------------------------------------------------------------
8. LA     Upper Barataria     January 28,    Federal: $1,005,000,750
           Basin               2022          Non-Federal: $541,154,250
                                             Total: $1,546,155,000
------------------------------------------------------------------------

            (2) Ecosystem restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CA     Prado Basin         April 22,      Federal: $29,838,000
           Ecosystem           2021          Non-Federal: $16,066,000
           Restoration, San                  Total: $45,904,000
           Bernardino,
           Riverside and
           Orange Counties
------------------------------------------------------------------------

            (3) Coastal storm risk management and ecosystem 
        restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. TX     Coastal Texas       September 16,  Federal: $17,978,202,000
           Protection and      2021          Non-Federal:
           Restoration                        $10,894,929,000
           Feasibility Study                 Total: $28,873,131,000
------------------------------------------------------------------------

            (4) Modifications and other projects.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. LA     Lake Pontchartrain  December 16,   Federal: $807,000,000
           and Vicinity        2021          Non-Federal: $434,000,000
                                             Total: $1,240,000,000
------------------------------------------------------------------------
2. LA     West Bank and       December 17,   Federal: $431,000,000
           Vicinity            2021          Non-Federal: $232,000,000
                                             Total: $663,000,000
------------------------------------------------------------------------

SEC. 5. MODIFICATIONS.

    (a) Mississippi River Gulf Outlet, Louisiana.--The Secretary shall 
carry out the project for ecosystem restoration, Mississippi River Gulf 
Outlet, Louisiana, authorized by section 7013(a)(4) of the Water 
Resources Development Act of 2007 (121 Stat. 1281), at full Federal 
expense.
    (b) Great Lakes and Mississippi River Interbasin Project, Brandon 
Road, Will County, Illinois.--Section 402(a)(1) of the Water Resources 
Development Act of 2020 (134 Stat. 2742) is amended by striking ``80 
percent'' and inserting ``100 percent''.
    (c) Lower Mississippi River Comprehensive Management Study.--
Section 213 of the Water Resources Development Act of 2020 (134 Stat. 
2687) is amended by adding at the end the following:
    ``(j) Cost Share.--The Secretary shall carry out the comprehensive 
study described in subsection (a), and any feasibility study described 
in subsection (e), at full Federal expense.''.

SEC. 6. REAUTHORIZATION OF CERTAIN BEACH NOURISHMENT PROJECTS.

    (a) In General.--The Secretary is authorized to continue periodic 
nourishment for the following projects for coastal storm risk 
management for an additional period of 50 years:
            (1) Delaware Coast Protection, Delaware (commonly known as 
        the ``Indian River Inlet Sand Bypass Plant''), authorized by 
        section 869 of the Water Resources Development Act of 1986 (100 
        Stat. 4182).
            (2) Segment II, Broward County, Florida, authorized by 
        section 301 of the River and Harbor Act of 1965 (79 Stat. 
        1090).
            (3) Segment III, Broward County, Florida, authorized by 
        section 301 of the River and Harbor Act of 1965 (79 Stat. 
        1090).
            (4) Dade County, Florida, authorized by section 203 of the 
        Flood Control Act of 1968 (82 Stat. 740).
            (5) Duval County, Florida, authorized by section 203 of the 
        Flood Control Act of 1968 (82 Stat. 740).
            (6) Tybee Island, Georgia, authorized by section 201 of the 
        Flood Control Act of 1965 (42 U.S.C. 1962d-5).
            (7) Delray Beach segment, Palm Beach County, Florida, 
        authorized by section 101 of the River and Harbor Act of 1962 
        (76 Stat. 1177).
    (b) Timing.--The additional 50 years provided for a project under 
subsection (a) shall begin on the date of expiration of the final 
period of periodic nourishment for the project authorized prior to the 
date of enactment of this Act.
    (c) Special Rule.--For purposes of the project described in 
subsection (a)(1), periodic nourishment shall include reimbursement of 
the Federal share of the cost to the non-Federal interest for the 
project to operate and maintain a sand bypass plant.

SEC. 7. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.

    (a) In General.--In the case of a water resources development 
project described in subsection (b), the Secretary shall--
            (1) fund, at full Federal expense, any incremental increase 
        in cost to the project that results from a legal requirement to 
        use a borrow source determined by the Secretary to be other 
        than the least-cost option; and
            (2) exclude the cost described in paragraph (1) from the 
        cost-benefit analysis for the project.
    (b) Authorized Water Resources Development Projects Described.--An 
authorized water resources development project referred to in 
subsection (a) is any of the following:
            (1) The Townsends Inlet to Cape May Inlet, New Jersey, 
        coastal storm risk management project, authorized by section 
        101(a)(26) of the Water Resources Development Act of 1999 (113 
        Stat. 278).
            (2) The Folly Beach, South Carolina, coastal storm risk 
        management project, authorized by section 501(a) of the Water 
        Resources Development Act of 1986 (100 Stat. 4136) and modified 
        by section 108 of the Energy and Water Development 
        Appropriations Act, 1992 (105 Stat. 520).
            (3) The Carolina Beach and Vicinity, North Carolina, 
        coastal storm risk management project, authorized by section 
        203 of the Flood Control Act of 1962 (76 Stat. 1182) and 
        modified by section 401(7) of the Water Resources Development 
        Act of 2020 (134 Stat. 2741).
            (4) The Wrightsville Beach, North Carolina, coastal storm 
        risk management project, authorized by section 203 of the Flood 
        Control Act of 1962 (76 Stat. 1182) and modified by section 
        401(7) of the Water Resources Development Act of 2020 (134 
        Stat. 2741).
            (5) A project for coastal storm risk management for any 
        shore included in a project described in this subsection that 
        is specifically authorized by Congress on or after the date of 
        enactment of this Act.
            (6) Emergency repair and restoration of any project 
        described in this subsection 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).

SEC. 8. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND ALONG RIVERS 
              AND COASTS.

    (a) In General.--The Secretary is authorized to use funds made 
available to the Secretary for water resources development purposes to 
carry out, at full Federal expense, a measure located on, or 
benefitting, Federal land under the administrative jurisdiction of 
another Federal agency, if the measure--
            (1)(A) is for purposes of ecosystem restoration or the 
        protection and restoration of shores; and
            (B)(i) utilizes dredged material from a water resources 
        development project beneficially; or
            (ii) is included in a report of the Chief of Engineers or 
        other decision document for a water resources development 
        project that is specifically authorized by Congress;
            (2) is for purposes of mitigation of damages to Federal 
        land caused by a water resources development project operated 
        and maintained by the Secretary; or
            (3) is for purposes of mitigating damages to fish and 
        wildlife resources resulting from a water resources development 
        project.
    (b) Applicability.--This section shall apply to a measure for which 
construction is initiated after the date of enactment of this Act.
    (c) Savings Provision.--Nothing in this section precludes a Federal 
agency with administrative jurisdiction over Federal land from 
contributing funds for any portion of the cost of a measure described 
in subsection (a) that is located on, or benefitting, that land.
    (d) Repeal.--
            (1) In general.--Section 1025 of the Water Resources Reform 
        and Development Act of 2014 (33 U.S.C. 2226) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1(b) of the Water Resources Reform and Development Act of 2014 
        (128 Stat. 1193) is amended by striking the item relating to 
        section 1025.

SEC. 9. FLOOD AND COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDIES.

    In carrying out a feasibility study for flood or coastal storm risk 
management, the Secretary, at the request of the non-Federal interest 
for the study, shall formulate alternatives to maximize net benefits 
from the reduction of the comprehensive flood risk that results from 
the isolated and compound effects of--
            (1) a riverine discharge of any magnitude or frequency;
            (2) inundation, wave attack, and erosion coinciding with a 
        hurricane or coastal storm;
            (3) a tide of any magnitude or frequency;
            (4) a rainfall event of any magnitude or frequency;
            (5) seasonal variation in water levels;
            (6) groundwater emergence;
            (7) sea level rise;
            (8) subsidence; and
            (9) any other driver of flood risk affecting the study 
        area.

SEC. 10. CREDIT IN LIEU OF REIMBURSEMENT.

    (a) In General.--Section 1022 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2225) is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' before ``an authorized 
                coastal navigation project'';
                    (B) by inserting ``or any other water resources 
                development project for which the Secretary is 
                authorized to reimburse the non-Federal interest for 
                the Federal share of construction or operation and 
                maintenance,'' before ``the Secretary''; and
                    (C) by striking ``of the project'' and inserting 
                ``to construct, periodically nourish, or operate and 
                maintain the project'';
            (2) in each of subsections (b) and (c), by striking ``flood 
        damage reduction and coastal navigation'' each place it appears 
        and inserting ``water resources development''; and
            (3) by adding at the end the following:
    ``(d) Applicability.--With respect to a project constructed under 
section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 
2232), the Secretary shall exercise the authority under this section to 
apply credits and reimbursements related to the project in a manner 
consistent with the requirements of subsection (d) of that section.''.
    (b) Treatment of Credit Between Projects.--Section 7007(d) of the 
Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 
1226) is amended by inserting ``, or may be applied to reduce the 
amounts required to be paid by the non-Federal interest under the terms 
of the deferred payment agreements entered into between the Secretary 
and the non-Federal interest for the projects authorized by section 
7012(a)(1)'' before the period at the end.

SEC. 11. COASTAL COST CALCULATIONS.

    Section 152(a) of the Water Resources Development Act of 2020 (33 
U.S.C. 2213a(a)) is amended by inserting ``or coastal storm risk 
management'' after ``flood risk management''.

SEC. 12. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL 
              COSTS.

    The Secretary is authorized to provide in advance to the non-
Federal interest the Federal share of funds required for the 
acquisition of land, easements, and rights-of-way and the performance 
of relocations for a project or separable element--
            (1) authorized to be constructed at full Federal expense; 
        or
            (2) described in section 103(b)(2) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2213(b)(2)).

SEC. 13. COST SHARING FOR NONSTRUCTURAL PROJECTS.

    (a) In General.--Section 103(b) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2213(b)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by striking ``The'' and 
                inserting ``Except as provided in paragraph (3), the''; 
                and
                    (B) by striking ``35 percent'' each place it 
                appears and inserting ``20 percent'';
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by striking ``35 
                percent'' and inserting ``required non-federal share'';
                    (B) by striking ``At any time'' and inserting 
                ``Except as provided in paragraph (3), at any time'';
                    (C) by striking ``35 percent'' and inserting ``20 
                percent (or 10 percent, in the case of a measure 
                described in paragraph (3))''; and
                    (D) by striking ``65 percent'' and inserting ``80 
                percent (or 90 percent, in the case of a measure 
                described in paragraph (3))''; and
            (3) by adding at the end the following:
            ``(3) Certain projects.--The non-Federal share of the cost 
        of a measure described in paragraph (1) that benefits 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.''.
    (b) Application.--The amendments made by subsection (a) shall apply 
to--
            (1) any project that is authorized on or after the date of 
        enactment of this Act; and
            (2) any project that is not specifically authorized by 
        Congress, for which--
                    (A) a Detailed Project Report is approved after the 
                date of enactment of this Act; or
                    (B) in the case of a project for which no Detailed 
                Project Report is prepared, construction is initiated 
                after the date of enactment of this Act.

SEC. 14. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.

    Section 103(k)(4) of the Water Resources Development Act of 1986 
(33 U.S.C. 2213(k)(4)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting appropriately;
            (2) in the matter preceding clause (i) (as so 
        redesignated), by striking ``Notwithstanding'' and inserting 
        the following:
                    ``(A) In general.--Notwithstanding'';
            (3) in subparagraph (A) (as so redesignated)--
                    (A) in clause (i) (as so redesignated)--
                            (i) by striking ``$200 million'' and 
                        inserting ``$200,000,000''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii) (as so redesignated)--
                            (i) by inserting ``an amount equal to \2/3\ 
                        of'' after ``repays''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) the non-Federal interest repays the 
                        balance of remaining principal by June 1, 
                        2032.''; and
            (4) by adding at the end the following:
                    ``(B) Repayment options.--Repayment of a non-
                Federal contribution under subparagraph (A)(iii) may be 
                satisfied through the provision by the non-Federal 
                interest of fish and wildlife mitigation for one or 
                more projects or separable elements, if the Secretary 
                determines that--
                            ``(i) the non-Federal interest has incurred 
                        costs for the provision of mitigation that--
                                    ``(I) equal or exceed the amount of 
                                the required repayment; and
                                    ``(II) are in excess of any 
                                required non-Federal contribution for 
                                the project or separable element for 
                                which the mitigation is provided; and
                            ``(ii) the mitigation is integral to the 
                        project for which it is provided.''.

SEC. 15. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL DISPOSAL PLAN.

    The Secretary shall determine that the dredged material disposal 
plan recommended in the document entitled ``Port Fourchon Belle Pass 
Channel Deepening Project Section 203 Feasibility Study (January 2019, 
revised January 2020)'' is the least cost, environmentally acceptable 
dredged material disposal plan for the project for navigation, Port 
Fourchon Belle Passe Channel, Louisiana, authorized by section 
403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 
2743).

SEC. 16. DELAWARE SHORE PROTECTION AND RESTORATION.

    (a) Delaware Beneficial Use of Dredged Material for the Delaware 
River, Delaware.--
            (1) In general.--The project for coastal storm risk 
        management, 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) 
        (referred to in this subsection as the ``project''), is 
        modified--
                    (A) to direct the Secretary to implement the 
                project using alternative borrow sources to the 
                Delaware River, Philadelphia to the Sea, project, 
                Delaware, New Jersey, Pennsylvania, authorized by the 
                Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 
                Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 
                Stat. 297); and
                    (B) until the Secretary implements the modification 
                under subparagraph (A), to authorize the Secretary, at 
                the request of a non-Federal interest, to carry out 
                initial construction or periodic nourishments at any 
                site included in the project under--
                            (i) section 1122 of the Water Resources 
                        Development Act of 2016 (33 U.S.C. 2326 note; 
                        Public Law 114-322); or
                            (ii) section 204(d) of the Water Resources 
                        Development Act of 1992 (33 U.S.C. 2326(d)).
            (2) Treatment.--If the Secretary determines that a study is 
        required to carry out paragraph (1)(A), the study shall be 
        considered to be a continuation of the study that formulated 
        the project.
    (b) Indian River Inlet Sand Bypass Plant, Delaware.--
            (1) In general.--The Indian River Inlet Sand Bypass Plant, 
        Delaware, coastal storm risk management project (referred to in 
        this subsection as the ``project''), authorized by section 869 
        of the Water Resources Development Act of 1986 (100 Stat. 
        4182), is modified to authorize the Secretary, at the request 
        of a non-Federal interest, to provide periodic nourishment 
        through dedicated dredging or other means to maintain or 
        restore the functioning of the project when--
                    (A) the sand bypass plant is inoperative; or
                    (B) operation of the sand bypass plant is 
                insufficient to maintain the functioning of the 
                project.
            (2) Requirements.--A cycle of periodic nourishment provided 
        pursuant to paragraph (1) shall be subject to the following 
        requirements:
                    (A) Cost share.--The non-Federal share of the cost 
                of a cycle shall be the same percentage as the non-
                Federal share of the cost to operate the sand bypass 
                plant.
                    (B) Decision document.--If the Secretary determines 
                that a decision document is required to support a 
                request for funding for the Federal share of a cycle, 
                the decision document may be prepared using funds made 
                available to the Secretary for construction or for 
                investigations.
                    (C) Treatment.--
                            (i) Decision document.--A decision document 
                        prepared under subparagraph (B) shall not be 
                        subject to a new investment determination.
                            (ii) Cycles.--A cycle shall be considered 
                        continuing construction.
    (c) Delaware Emergency Shore Restoration.--
            (1) In general.--The Secretary is authorized to construct, 
        repair, or restore a federally authorized hurricane or shore 
        protective structure or project located in the State of 
        Delaware pursuant to 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)), if--
                    (A) the structure, project, or shore is damaged by 
                wind, wave, or water action associated with a storm of 
                any magnitude; and
                    (B) the damage prevents the adequate functioning of 
                the structure, project, or shore.
            (2) Benefit-cost analysis.--The Secretary shall determine 
        that the benefits attributable to the objectives set forth in 
        section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) 
        and section 904(a) of the Water Resources Development Act of 
        1986 (33 U.S.C. 2281(a)) exceed the cost for work carried out 
        under this subsection.
            (3) Savings provision.--The authority provided by this 
        subsection shall be in addition to any authority provided 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)) to repair or restore a federally authorized 
        hurricane or shore protection structure or project located in 
        the State of Delaware damaged or destroyed by wind, wave, or 
        water action of other than an ordinary nature.
    (d) Indian River Inlet and Bay, Delaware.--In carrying out major 
maintenance of the project for navigation, Indian River Inlet and Bay, 
Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, 
chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, 
chapter 19), the Secretary shall repair, restore, or relocate any non-
Federal facility or other infrastructure, that has been damaged, in 
whole or in part, by the deterioration or failure of the project.
    (e) Reprogramming for Coastal Storm Risk Management Project at 
Indian River Inlet.--
            (1) In general.--Notwithstanding any other provision of 
        law, for each fiscal year, the Secretary may reprogram amounts 
        made available for a coastal storm risk management project to 
        use such amounts for the project for coastal storm risk 
        management, Indian River Inlet Sand Bypass Plant, Delaware, 
        authorized by section 869 of the Water Resources Development 
        Act of 1986 (100 Stat. 4182).
            (2) Limitations.--
                    (A) In general.--The Secretary may carry out not 
                more than 2 reprogramming actions under paragraph (1) 
                for each fiscal year.
                    (B) Amount.--For each fiscal year, the Secretary 
                may reprogram--
                            (i) not more than $100,000 per 
                        reprogramming action; and
                            (ii) not more than $200,000 for each fiscal 
                        year.

SEC. 17. GREAT LAKES ADVANCE MEASURES ASSISTANCE.

    The following requirements shall apply to the provision of advance 
measures assistance under 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)), in the Great Lakes Region:
            (1) The Secretary shall not deny a request from the 
        Governor of a State to provide advance measures assistance to 
        reduce the risk of damage from rising water levels in the Great 
        Lakes solely on the basis that the damage is caused by erosion.
            (2) Advance measures assistance provided by the Secretary 
        to reduce the risk of damage from rising water levels in the 
        Great Lakes shall be provided at full Federal expense.

SEC. 18. FORECASTING MODELS FOR THE GREAT LAKES.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the Engineer Research and Development 
Center to complete and maintain a model suite to forecast water levels, 
account for lake level variability, and account for the impacts of 
climate change in the Great Lakes--
            (1) $10,000,000 to complete the model suite; and
            (2) $250,000 for each fiscal year following the fiscal year 
        during which the model suite is completed, for maintenance of 
        the model suite.
    (b) Savings Provision.--Nothing in this section precludes the 
Secretary from using funds made available under the Great Lakes 
Restoration Initiative established by section 118(c)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities 
described in subsection (a), if funds are not appropriated for those 
activities pursuant to subsection (a).

SEC. 19. CHATTAHOOCHEE RIVER PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a program to 
        provide environmental assistance to non-Federal interests in 
        the Chattahoochee River Basin.
            (2) Form.--The assistance under paragraph (1) shall be in 
        the form of design and construction assistance for water-
        related resource protection and restoration projects affecting 
        the Chattahoochee River Basin, based on the comprehensive plan 
        under subsection (b), including projects for--
                    (A) sediment and erosion control;
                    (B) protection of eroding shorelines;
                    (C) ecosystem restoration, including restoration of 
                submerged aquatic vegetation;
                    (D) protection of essential public works;
                    (E) beneficial uses of dredged material; and
                    (F) other related projects that may enhance the 
                living resources of the Chattahoochee River Basin.
    (b) Comprehensive Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in cooperation with State 
        and local governmental officials and affected stakeholders, 
        shall develop a comprehensive Chattahoochee River Basin 
        restoration plan to guide the implementation of projects under 
        subsection (a)(2).
            (2) Coordination.--The restoration plan described in 
        paragraph (1) shall, to the maximum extent practicable, 
        consider and avoid duplication of any ongoing or planned 
        actions of other Federal, State, and local agencies and 
        nongovernmental organizations.
            (3) Prioritization.--The restoration plan described in 
        paragraph (1) shall give priority to projects eligible under 
        subsection (a)(2) that will also improve water quality or 
        quantity or use natural hydrological features and systems.
    (c) Agreement.--
            (1) In general.--Before providing assistance under this 
        section, the Secretary shall enter into an agreement with a 
        non-Federal interest for the design and construction of a 
        project carried out pursuant to the comprehensive Chattahoochee 
        River Basin restoration plan described in subsection (b).
            (2) Requirements.--Each agreement entered into under this 
        subsection shall provide for--
                    (A) the development by the Secretary, in 
                consultation with appropriate Federal, State, and local 
                officials, of a resource protection and restoration 
                plan, including appropriate engineering plans and 
                specifications and an estimate of expected resource 
                benefits; and
                    (B) the establishment of such legal and 
                institutional structures as are necessary to ensure the 
                effective long-term operation and maintenance of the 
                project by the non-Federal interest.
    (d) Cost Sharing.--
            (1) Federal share.--Except as provided in paragraph (2)(B), 
        the Federal share of the total project costs of each agreement 
        entered into under this section shall be 80 percent.
            (2) Non-federal share.--
                    (A) Value of land, easements, rights-of-way, and 
                relocations.--In determining the non-Federal 
                contribution toward carrying out an agreement entered 
                into under this section, the Secretary shall provide 
                credit to a non-Federal interest for the value of land, 
                easements, rights-of-way, and relocations provided by 
                the non-Federal interest, except that the amount of 
                credit provided for a project under this paragraph may 
                not exceed 20 percent of the total project costs.
                    (B) Operation and maintenance costs.--The non-
                Federal share of the costs of operation and maintenance 
                of activities carried out under an agreement under this 
                section shall be 100 percent.
    (e) Cooperation.--In carrying out this section, the Secretary shall 
cooperate with--
            (1) the heads of appropriate Federal agencies, including--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Secretary of Commerce, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration;
                    (C) the Secretary of the Interior, acting through 
                the Director of the United States Fish and Wildlife 
                Service; and
                    (D) the heads of such other Federal agencies as the 
                Secretary determines to be appropriate; and
            (2) agencies of a State or political subdivision of a 
        State.
    (f) Protection of Resources.--A project established under this 
section shall be carried out using such measures as are necessary to 
protect environmental, historic, and cultural resources.
    (g) Project Cap.--The total cost of a project carried out under 
this section may not exceed $15,000,000.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $90,000,000.

SEC. 20. MISSISSIPPI RIVER MAT SINKING UNIT.

    The Secretary shall expedite the replacement of the Mississippi 
River mat sinking unit.

SEC. 21. REHABILITATION OF EXISTING LEVEES.

    Section 3017 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended by striking 
subsection (e).
                                 <all>