[Congressional Record Volume 166, Number 207 (Tuesday, December 8, 2020)]
[House]
[Pages H6935-H6984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WATER RESOURCES DEVELOPMENT ACT OF 2020
Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the
bill (S. 1811) to make technical corrections to the America's Water
Infrastructure Act of 2018, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1811
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 ``Water
Resources Development Act of 2020''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
Maintenance Trust Fund.
Sec. 102. Authorization of appropriations for navigation.
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
Fund.
Sec. 104. Additional measures at donor ports and energy transfer ports.
Sec. 105. Construction of water resources development projects by non-
Federal interests.
[[Page H6936]]
Sec. 106. Coast Guard anchorages.
Sec. 107. State contribution of funds for certain operation and
maintenance costs.
Sec. 108. Great Lakes confined disposal facilities.
Sec. 109. Inland waterway projects.
Sec. 110. Implementation of water resources principles and
requirements.
Sec. 111. Resiliency planning assistance.
Sec. 112. Project consultation.
Sec. 113. Review of resiliency assessments.
Sec. 114. Small flood control projects.
Sec. 115. Flood Protection Projects.
Sec. 116. Feasibility studies; review of natural and nature-based
features.
Sec. 117. Federal interest determination.
Sec. 118. Pilot programs on the formulation of Corps of Engineers
projects in rural communities and economically
disadvantaged communities.
Sec. 119. Permanent measures to reduce emergency flood fighting needs
for communities subject to repetitive flooding.
Sec. 120. Emergency response to natural disasters.
Sec. 121. Cost and benefit feasibility assessment.
Sec. 122. Expediting repairs and recovery from flooding.
Sec. 123. Review of Corps of Engineers assets.
Sec. 124. Sense of Congress on multipurpose projects.
Sec. 125. Beneficial use of dredged material; dredged material
management plans.
Sec. 126. Aquatic ecosystem restoration for anadromous fish.
Sec. 127. Annual report to Congress on water resources infrastructure.
Sec. 128. Harmful algal bloom demonstration program.
Sec. 129. Missouri River interception-rearing complex construction.
Sec. 130. Materials, services, and funds for repair, restoration, or
rehabilitation of projects.
Sec. 131. Levee safety.
Sec. 132. National Dam Safety Program.
Sec. 133. Rehabilitation of Corps of Engineers constructed pump
stations.
Sec. 134. Non-Federal Project Implementation Pilot Program.
Sec. 135. Cost sharing provisions for territories and Indian Tribes.
Sec. 136. Review of contracting policies.
Sec. 137. Criteria for funding environmental infrastructure projects.
Sec. 138. Aging infrastructure.
Sec. 139. Uniformity of notification systems.
Sec. 140. Coastal storm damage reduction contracts.
Sec. 141. Dam remediation for ecosystem restoration.
Sec. 142. Levee accreditation process; levee certifications.
Sec. 143. Project partnership agreement.
Sec. 144. Acceptance of funds for harbor dredging.
Sec. 145. Replacement capacity.
Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
Sec. 147. Repair and restoration of embankments.
Sec. 148. Coastal mapping.
Sec. 149. Interim risk reduction measures.
Sec. 150. Maintenance dredging permits.
Sec. 151. High water-low water preparedness.
Sec. 152. Treatment of certain benefits and costs.
Sec. 153. Lease deviations.
Sec. 154. Sense of Congress on Arctic deep draft port development.
Sec. 155. Small water storage projects.
Sec. 156. Planning Assistance to States.
Sec. 157. Forecast-informed reservoir operations.
Sec. 158. Data for water allocation, supply, and demand.
Sec. 159. Inland waterways pilot program.
Sec. 160. Definition of economically disadvantaged community.
Sec. 161. Studies of water resources development projects by non-
Federal interests.
Sec. 162. Leveraging Federal infrastructure for increased water supply.
Sec. 163. Sense of Congress on removal of unauthorized, manmade,
flammable materials on Corps property.
Sec. 164. Enhanced development program.
Sec. 165. Continuing authority programs.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completions.
Sec. 203. Expedited modifications of existing feasibility studies.
Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
Sec. 205. Selma, Alabama.
Sec. 206. Report on Corps of Engineers facilities in Appalachia.
Sec. 207. Additional studies under North Atlantic Coast Comprehensive
Study.
Sec. 208. South Atlantic coastal study.
Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
California.
Sec. 210. Lake Okeechobee regulation schedule, Florida.
Sec. 211. Great Lakes coastal resiliency study.
Sec. 212. Report on the status of restoration in the Louisiana coastal
area.
Sec. 213. Lower Mississippi River comprehensive management study.
Sec. 214. Upper Mississippi River Comprehensive Plan.
Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
Sec. 216. Lower and Upper Missouri River Comprehensive Flood
Protection.
Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
Hampshire.
Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
Sec. 219. Port Orford, Oregon.
Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
Sec. 221. Study on water supply and water conservation at water
resources development projects.
Sec. 222. Report to Congress on authorized studies and projects.
Sec. 223. Completion of reports and materials.
Sec. 224. Emergency flooding protection for lakes.
Sec. 225. Report on debris removal.
Sec. 226. Report on antecedent hydrologic conditions.
Sec. 227. Subsurface drain systems research and development.
Sec. 228. Report on corrosion prevention activities.
Sec. 229. Annual reporting on dissemination of information.
Sec. 230. Report on benefits calculation for flood control structures.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Abandoned and inactive noncoal mine restoration.
Sec. 303. Tribal partnership program.
Sec. 304. Lakes program.
Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
Sec. 306. Chesapeake Bay Environmental Restoration and Protection
Program.
Sec. 307. Upper Mississippi River System Environmental Management
Program.
Sec. 308. Upper Mississippi River protection.
Sec. 309. Theodore Ship Channel, Mobile, Alabama.
Sec. 310. McClellan-Kerr Arkansas River Navigation System.
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
Sec. 312. Lake Isabella, California.
Sec. 313. Lower San Joaquin River flood control project.
Sec. 314. Sacramento River, Glenn-Colusa, California.
Sec. 315. San Diego River and Mission Bay, San Diego County,
California.
Sec. 316. San Francisco, California, Waterfront Area.
Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
California.
Sec. 318. Rio Grande Environmental Management Program, Colorado, New
Mexico, and Texas.
Sec. 319. New London Harbor Waterfront Channel, Connecticut.
Sec. 320. Wilmington Harbor, Delaware.
Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
Sec. 322. Washington Harbor, District of Columbia.
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
Plan, Florida.
Sec. 324. Central Everglades, Florida.
Sec. 325. Miami River, Florida.
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
Johns River Basin, Florida.
Sec. 328. Extinguishment of flowage easements, Rough River Lake,
Kentucky.
Sec. 329. Calcasieu River and Pass, Louisiana.
Sec. 330. Camden Harbor, Maine.
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
Sec. 332. Baltimore, Maryland.
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
Sec. 334. Missouri river reservoir sediment management.
Sec. 335. Portsmouth, New Hampshire.
Sec. 336. Rahway flood risk management feasibility study, New Jersey.
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
Rhode Island and Connecticut.
Sec. 341. Harris County, Texas.
Sec. 342. Cap Sante Waterway, Washington.
Sec. 343. Local government reservoir permit review.
Sec. 344. Project modifications for improvement of environment.
Sec. 345. Aquatic ecosystem restoration.
Sec. 346. Surplus water contracts and water storage agreements.
Sec. 347. No wake zones in navigation channels.
Sec. 348. Limitation on contract execution in the Arkansas River Basin.
Sec. 349. Waiver of non-Federal share of damages related to certain
contract claims.
[[Page H6937]]
Sec. 350. Reduced pricing for certain water supply storage.
Sec. 351. Flood control and other purposes.
Sec. 352. Additional assistance for critical projects.
Sec. 353. Project modification authorizations.
Sec. 354. Completion of maintenance and repair activities.
Sec. 355. Project reauthorizations.
Sec. 356. Conveyances.
Sec. 357. Lake Eufaula advisory committee.
Sec. 358. Repeal of Missouri River Task Force, North Dakota.
Sec. 359. Repeal of Missouri River Task Force, South Dakota.
Sec. 360. Conforming amendments.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Special rules.
Sec. 403. Authorization of projects based on feasibility studies
prepared by non-Federal interests.
TITLE V--OTHER MATTERS
Sec. 501. Update on Invasive Species Policy Guidance.
Sec. 502. Aquatic invasive species research.
Sec. 503. Terrestrial noxious weed control pilot program.
Sec. 504. Invasive species risk assessment, prioritization, and
management.
Sec. 505. Invasive species mitigation and reduction.
Sec. 506. Aquatic invasive species prevention.
Sec. 507. Invasive species in alpine lakes pilot program.
Sec. 508. Murder hornet eradication pilot program.
Sec. 509. Asian carp prevention and control pilot program.
Sec. 510. Invasive species in noncontiguous States and territories
pilot program.
Sec. 511. Soil moisture and snowpack monitoring.
Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.
Sec. 513. Determination of budgetary effects.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR
THE HARBOR MAINTENANCE TRUST FUND.
(a) In General.--Section 14003 of division B of the CARES
Act (Public Law 116-136) is amended to read as follows:
``Sec. 14003. Section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is
amended by adding at the end the following:
`` `(H) Harbor maintenance activities.--If, for any fiscal
year, appropriations for the Construction, Mississippi River
and Tributaries, and Operation and Maintenance accounts of
the Corps of Engineers are enacted that are derived from the
Harbor Maintenance Trust Fund established under section
9505(a) of the Internal Revenue Code of 1986 and that the
Congress designates in statute as being for harbor operations
and maintenance activities, then the adjustment for that
fiscal year shall be the total of such appropriations that
are derived from such Fund and designated as being for harbor
operations and maintenance activities, but shall not exceed
the sum of--
`` `(i) the amount deposited into the Harbor Maintenance
Trust Fund in the fiscal year that is two years prior to the
fiscal year for which the adjustment is being made; and
`` `(ii) $2,000,000,000.
`` `(I) Certain harbor maintenance activities.--If, for any
of fiscal years 2021 through 2030, appropriations for the
Operation and Maintenance account of the Corps of Engineers
are enacted that the Congress designates in statute as being
to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2238c), then the adjustment for that fiscal year shall be the
total of such appropriations for that fiscal year designated
as being to carry out such subsection, but shall not exceed--
`` `(i) $50,000,000 for fiscal year 2021;
`` `(ii) $50,000,000 for fiscal year 2022;
`` `(iii) $56,000,000 for fiscal year 2023;
`` `(iv) $58,000,000 for fiscal year 2024;
`` `(v) $60,000,000 for fiscal year 2025;
`` `(vi) $62,000,000 for fiscal year 2026;
`` `(vii) $64,000,000 for fiscal year 2027;
`` `(viii) $66,000,000 for fiscal year 2028;
`` `(ix) $68,000,000 for fiscal year 2029; and
`` `(x) $70,000,000 for fiscal year 2030.'.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
CARES Act (Public Law 116-136).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.
(a) Authorization.--
(1) In general.--In carrying out subsection (c) of section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238), for each fiscal year, of the funds made available
under such section (including funds appropriated from the
Harbor Maintenance Trust Fund), the Secretary is authorized
to make expenditures to pay for operation and maintenance
costs of the harbors and inland harbors referred to in
subsection (a)(2) of such section, to the extent there are
identifiable operations and maintenance needs, of--
(A) not less than 15 percent of such funds for emerging
harbor projects, including eligible breakwater and jetty
needs at such harbor projects;
(B) not less than 13 percent of such funds for projects
that are located within the Great Lakes Navigation System;
(C) 12 percent of such funds for expanded uses carried out
at donor ports and energy transfer ports, of which--
(i) \1/3\ shall be provided to energy transfer ports; and
(ii) \2/3\ shall be provided to donor ports;
(D) not less than 17 percent of such funds for projects
that are assigned to commercial strategic seaports; and
(E) any remaining funds for operation and maintenance costs
of any harbor or inland harbor referred to in such subsection
(a)(2) based on an equitable allocation of such funds among
such harbors and inland harbors, in accordance with
subsection (c)(1) of such section 210.
(2) Definitions.--In this subsection:
(A) Commercial strategic seaport.--The term ``commercial
strategic seaport'' means a commercial harbor supporting the
coordination of efficient port operations during peacetime
and national defense emergencies that is designated as
strategic through the National Port Readiness Network.
(B) Donor port; energy transfer port.--The terms ``donor
port'' and ``energy transfer port'' have the meanings given
those terms in section 2106 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2238c).
(C) Emerging harbor project; great lakes navigation
system.--The terms ``emerging harbor project'' and ``Great
Lakes Navigation System'' have the meanings given those terms
in section 210 of the Water Resources Development Act of 1986
(33 U.S.C. 2238).
(3) Effective date.--This subsection shall take effect on
October 1, 2022.
(b) Additional Uses.--
(1) Operation and maintenance of harbor projects.--Section
210(c)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(c)(3)) is amended--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(A) Allocation.--Notwithstanding''; and
(B) by adding at the end the following:
``(B) Additional uses at emerging harbors.--
``(i) Uses.--In each fiscal year, the Secretary may use not
more than $5,000,000 of funds allocated for emerging harbor
projects under paragraph (1) to pay for the costs of up to 10
projects for maintenance dredging of a marina or berthing
area, in an emerging harbor, that includes an area that is
located adjacent to, or is accessible by, a Federal
navigation project, subject to clauses (ii) and (iii) of this
subparagraph.
``(ii) Eligible emerging harbors.--The Secretary may use
funds as authorized under clause (i) at an emerging harbor
that--
``(I) supports commercial activities, including commercial
fishing operations, commercial fish processing operations,
recreational and sport fishing, and commercial boat yards; or
``(II) supports activities of the Secretary of the
department in which the Coast Guard is operating.
``(iii) Cost-sharing requirements.--The Secretary shall
require a non-Federal interest to contribute not less than 25
percent of the costs for maintenance dredging of that portion
of a maintenance dredging project described in clause (i)
that is located outside of the Federal navigation project,
which may be provided as an in-kind contribution, including
through the use of dredge equipment owned by non-Federal
interest to carry out such activities.''.
(2) Assessment of harbors and inland harbors.--Section
210(e)(2)(A)(ii) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting
``uses described in subsection (c)(3)(B) and'' after ``costs
for''.
(3) Definitions.--Section 210(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
(A) by striking paragraph (6);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraph (2) and inserting the following:
``(2) Emerging harbor.--The term `emerging harbor' means a
harbor or inland harbor referred to in subsection (a)(2) that
transits less than 1,000,000 tons of cargo annually.
``(3) Emerging harbor project.--The term `emerging harbor
project' means a project that is assigned to an emerging
harbor.''; and
(D) in paragraph (4) (as so redesignated), by adding at the
end the following:
``(C) An in-water improvement, if the improvement--
``(i) is for the seismic reinforcement of a wharf or other
berthing structure, or the repair or replacement of a
deteriorating wharf or other berthing structure, at a port
facility;
``(ii) benefits commercial navigation at the harbor; and
``(iii) is located in, or adjacent to, a berth that is
accessible to a Federal navigation project.
``(D) An activity to maintain slope stability at a berth in
a harbor that is accessible to a Federal navigation project
if such activity benefits commercial navigation at the
harbor.''.
[[Page H6938]]
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE
TRUST FUND.
Section 330 of the Water Resources Development Act of 1992
(26 U.S.C. 9505 note; 106 Stat. 4851) is amended--
(1) in subsection (a)--
(A) by striking ``and annually thereafter,'' and inserting
``and annually thereafter concurrent with the submission of
the President's annual budget request to Congress,''; and
(B) by striking ``Public Works and Transportation'' and
inserting ``Transportation and Infrastructure''; and
(2) in subsection (b)(1) by adding at the end the
following:
``(D) A description of the expected expenditures from the
trust fund to meet the needs of navigation for the fiscal
year of the budget request.''.
SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY
TRANSFER PORTS.
(a) Interim Authorization.--Section 2106(f) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2238c(f)) is amended--
(1) in paragraph (1), by striking ``2020'' and inserting
``2022''; and
(2) by striking paragraph (3).
(b) In General.--
(1) Definitions.--Section 2106(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
amended--
(A) in paragraph (3)(A)--
(i) by amending clause (ii) to read as follows:
``(ii) at which the total amount of harbor maintenance
taxes collected (including the estimated taxes related to
domestic cargo and cruise passengers) comprise not less than
$15,000,000 annually of the total funding of the Harbor
Maintenance Trust Fund on an average annual basis for the
previous 3 fiscal years;'';
(ii) in clause (iii)--
(I) by inserting ``(including the estimated taxes related
to domestic cargo and cruise passengers)'' after ``taxes
collected''; and
(II) by striking ``5 fiscal years'' and inserting ``3
fiscal years''; and
(iii) in clause (iv), by striking ``in fiscal year 2012''
and inserting ``on an average annual basis for the previous 3
fiscal years'';
(B) in paragraph (5)(B), by striking ``in fiscal year
2012'' each place it appears and inserting ``on an average
annual basis for the previous 3 fiscal years'';
(C) by redesignating paragraph (8) as paragraph (9) and
inserting after paragraph (7) the following:
``(8) Harbor maintenance trust fund.--The term `Harbor
Maintenance Trust Fund' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.''; and
(D) in paragraph (9), as so redesignated--
(i) by amending subparagraph (B) to read as follows:
``(B) at which the total amount of harbor maintenance taxes
collected (including the estimated taxes related to domestic
cargo and cruise passengers) comprise annually more than
$5,000,000 but less than $15,000,000 of the total funding of
the Harbor Maintenance Trust Fund on an average annual basis
for the previous 3 fiscal years;'';
(ii) in subparagraph (C)--
(I) by inserting ``(including the estimated taxes related
to domestic cargo and cruise passengers)'' after ``taxes
collected''; and
(II) by striking ``5 fiscal years'' and inserting ``3
fiscal years''; and
(iii) in subparagraph (D), by striking ``in fiscal year
2012'' and inserting ``on an average annual basis for the
previous 3 fiscal years''.
(2) Report to congress; authorization of appropriations.--
Section 2106 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2238c) is amended--
(A) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively; and
(B) in subsection (e), as so redesignated, by amending
paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $56,000,000 for fiscal year 2023;
``(B) $58,000,000 for fiscal year 2024;
``(C) $60,000,000 for fiscal year 2025;
``(D) $62,000,000 for fiscal year 2026;
``(E) $64,000,000 for fiscal year 2027;
``(F) $66,000,000 for fiscal year 2028;
``(G) $68,000,000 for fiscal year 2029; and
``(H) $70,000,000 for fiscal year 2030.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2022.
SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.
(a) Studies and Engineering.--Section 204(c)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2232(c)(1)) is amended by striking ``under subsection (b)''
and inserting ``under this section''.
(b) Assumption of Maintenance of a Locally Preferred
Plan.--Section 204(f) of the Water Resources Development Act
of 1986 (33 U.S.C. 2232(f)) is amended to read as follows:
``(f) Operation and Maintenance.--
``(1) Assumption of maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible
for operation and maintenance in accordance with section
101(b) if--
``(A) before construction of the improvements--
``(i) the Secretary determines that the improvements are
feasible and consistent with the purposes of this title; and
``(ii) the Secretary and the non-Federal interest execute a
written agreement relating to operation and maintenance of
the improvements;
``(B) the Secretary certifies that the project or separable
element of the project is constructed in accordance with
applicable permits and appropriate engineering and design
standards; and
``(C) the Secretary does not find that the project or
separable element is no longer feasible.
``(2) Federal financial participation in the costs of a
locally preferred plan.--In the case of improvements
determined by the Secretary pursuant to paragraph (1)(A)(i)
to deviate from the national economic development plan, the
Secretary shall be responsible for all operation and
maintenance costs of such improvements, as described in
section 101(b), including costs in excess of the costs of the
national economic development plan, if the Secretary
determines that the improvements satisfy the requirements of
paragraph (1).''.
(c) Report.--A non-Federal interest may submit to the
Secretary a report on improvements to a federally authorized
harbor or inland harbor to be carried out by the non-Federal
interest, containing any information necessary for the
Secretary determine whether the improvements satisfy the
requirements of section 204(f)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232), including--
(1) the economic justification for the improvements;
(2) details of the project improvement plan and design;
(3) proposed arrangements for the work to be performed; and
(4) documents relating to any applicable permits required
for the project improvements.
(d) Project Studies Subject to Independent Peer Review.--
The Secretary shall not be required to subject a project
study for a project with a cost of less than $200,000,000,
which the Secretary determines satisfies the requirements of
section 204(f)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2232), to independent peer review under
section 2034(a)(3)(A)(i) of the Water Resources Development
Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).
SEC. 106. COAST GUARD ANCHORAGES.
The Secretary may perform dredging at Federal expense
within and adjacent to anchorages established by the Coast
Guard pursuant to existing authorities.
SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION
AND MAINTENANCE COSTS.
In carrying out eligible operations and maintenance
activities within the Great Lakes Navigation System pursuant
to section 210 of the Water Resources Development Act of 1986
(33 U.S.C. 2238) in a State that has implemented any
additional State limitation on the disposal of dredged
material in the open waters of such State, the Secretary may,
pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), receive from such State, and expend, such funds as may
be contributed by the State to cover the additional costs for
operations and maintenance activities for a harbor or inland
harbor within such State that result from such limitation.
SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Mitigation.--The Secretary may relocate access to the
Port of Cleveland confined disposal facility, owned or
operated by a non-Federal interest, in which material dredged
by the Corps of Engineers is placed.
(b) Cost-Share.--The cost to relocate access to the
confined disposal facility described in subsection (a) shall
be shared in accordance with the cost share applicable to
operation and maintenance of the Federal navigation project
from which material placed in the confined disposal facility
is dredged.
(c) Termination.--The authority provided under this section
shall terminate on December 31, 2024.
SEC. 109. INLAND WATERWAY PROJECTS.
Notwithstanding section 102 of the Water Resources
Development Act of 1986 (33 U.S.C. 2212), for a project for
navigation on the inland waterways receiving a construction
appropriation during any of fiscal years 2021 through 2031,
35 percent of the costs of construction of the project shall
be paid from amounts appropriated from the Inland Waterways
Trust Fund until such construction of the project is
complete.
SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue final
agency-specific procedures necessary to implement the
principles and requirements and the interagency guidelines.
(b) Development of Future Water Resources Development
Projects.--The procedures required by subsection (a) shall
ensure that the Secretary, in the formulation of future water
resources development projects--
(1) develops such projects in accordance with--
(A) the guiding principles established by the principles
and requirements; and
(B) the national water resources planning policy
established by section 2031(a) of the
[[Page H6939]]
Water Resources Development Act of 2007 (42 U.S.C. 1962-
3(a)); and
(2) fully identifies and analyzes national economic
development benefits, regional economic development benefits,
environmental quality benefits, and other societal effects.
(c) Review and Update.--Every 5 years, the Secretary shall
review and, where appropriate, revise the procedures required
by subsection (a).
(d) Public Review, Notice, and Comment.--In issuing,
reviewing, and revising the procedures required by this
section, the Secretary shall--
(1) provide notice to interested non-Federal stakeholders
of the Secretary's intent to revise the procedures;
(2) provide opportunities for interested non-Federal
stakeholders to engage with, and provide input and
recommendations to, the Secretary on the revision of the
procedures; and
(3) solicit and consider public and expert comments.
(e) Definitions.--In this section:
(1) Interagency guidelines.--The term ``interagency
guidelines'' means the interagency guidelines contained in
the document finalized by the Council on Environmental
Quality pursuant to section 2031 of the Water Resources
Development Act of 2007 (42 U.S.C. 1962-3) in December 2014,
to implement the principles and requirements.
(2) Principles and requirements.--The term ``principles and
requirements'' means the principles and requirements
contained in the document prepared by the Council on
Environmental Quality pursuant to section 2031 of the Water
Resources Development Act of 2007 (42 U.S.C. 1962-3),
entitled ``Principles and Requirements for Federal
Investments in Water Resources'', and dated March 2013.
SEC. 111. RESILIENCY PLANNING ASSISTANCE.
(a) In General.--Section 206(a) of the Flood Control Act of
1960 (33 U.S.C. 709a(a)) is amended by inserting ``, to avoid
repetitive flooding impacts, to anticipate, prepare, and
adapt to changing climatic conditions and extreme weather
events, and to withstand, respond to, and recover rapidly
from disruption due to the flood hazards'' after ``in
planning to ameliorate the flood hazard''.
(b) Prioritizing Flood Risk Resiliency Technical
Assistance.--In carrying out section 206 of the Flood Control
Act of 1960 (33 U.S.C. 709a), the Secretary shall prioritize
the provision of technical assistance to support flood risk
resiliency planning efforts of economically disadvantaged
communities or communities subject to repetitive flooding.
SEC. 112. PROJECT CONSULTATION.
(a) Reports Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit the
following reports:
(1) The report required under section 1214 of the Water
Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the
Water Resources Development Act of 2016 (130 Stat. 1643).
(b) Environmental Justice Updates.--
(1) In general.--In the formulation of water development
resources projects, the Secretary shall comply with any
existing Executive order regarding environmental justice in
effect as of the date of enactment of this Act to address any
disproportionate and adverse human health or environmental
effects on minority communities, low-income communities, and
Indian Tribes.
(2) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review, and shall
update, where appropriate, any policies, regulations, and
guidance of the Corps of Engineers necessary to implement any
Executive order described in paragraph (1) with respect to
water resources development projects.
(3) Requirements.--In updating the policies, regulations,
or guidance under paragraph (2), the Secretary shall--
(A) provide notice to interested non-Federal stakeholders,
including representatives of minority communities, low-income
communities, and Indian Tribes;
(B) provide opportunities for interested stakeholders to
comment on potential updates of policies, regulations, or
guidance;
(C) consider the recommendations from the reports submitted
under subsection (a); and
(D) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes.
(c) Community Engagement.--In carrying out a water
resources development project, the Secretary shall, to the
extent practicable--
(1) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes;
(2) provide guidance and technical assistance to such
communities or Tribes to increase understanding of the
project development and implementation activities,
regulations, and policies of the Corps of Engineers; and
(3) cooperate with State, Tribal, and local governments
with respect to activities carried out pursuant to this
subsection.
(d) Tribal Lands and Consultation.--In carrying out water
resources development projects, the Secretary shall, to the
extent practicable and in accordance with the Tribal
Consultation Policy affirmed and formalized by the Secretary
on November 1, 2012 (or a successor policy)--
(1) promote meaningful involvement with Indian Tribes
specifically on any Tribal lands near or adjacent to any
water resources development projects, for purposes of
identifying lands of ancestral, cultural, or religious
importance;
(2) consult with Indian Tribes specifically on any Tribal
areas near or adjacent to any water resources development
projects, for purposes of identifying lands, waters, and
other resources critical to the livelihood of the Indian
Tribes; and
(3) cooperate with Indian Tribes to avoid, or otherwise
find alternate solutions with respect to, such areas.
SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.
(a) Resiliency Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, and in conjunction with the
development of procedures under section 110 of this Act, the
Secretary is directed to review, and where appropriate,
revise the existing planning guidance documents and
regulations of the Corps of Engineers on the assessment of
the effects of sea level rise or inland flooding on future
water resources development projects to ensure that such
guidance documents and regulations are based on the best
available, peer-reviewed science and data on the current and
future effects of sea level rise or inland flooding on
relevant communities.
(2) Coordination.--In carrying out this subsection, the
Secretary shall--
(A) coordinate the review with the Engineer Research and
Development Center, other Federal and State agencies, and
other relevant entities; and
(B) to the maximum extent practicable and where
appropriate, utilize data provided to the Secretary by such
agencies.
(b) Assessment of Benefits From Addressing Sea Level Rise
and Inland Flooding Resiliency in Feasibility Reports.--
(1) In general.--Upon the request of a non-Federal
interest, in carrying out a feasibility study for a project
for flood risk mitigation, hurricane and storm damage risk
reduction, or ecosystem restoration under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282), the
Secretary shall consider whether the need for the project is
predicated upon or exacerbated by conditions related to sea
level rise or inland flooding.
(2) Addressing sea level rise and inland flooding
resiliency benefits.--To the maximum extent practicable, in
carrying out a study pursuant to paragraph (1), the Secretary
shall document the potential effects of sea level rise or
inland flooding on the project, and the expected benefits of
the project relating to sea level rise or inland flooding,
during the 50-year period after the date of completion of the
project.
SEC. 114. SMALL FLOOD CONTROL PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) is amended by inserting ``, and projects that use
natural features or nature-based features (as those terms are
defined in section 1184(a) of the Water Resources Development
Act of 2016 (33 U.S.C. 2289a(a))),'' after ``nonstructural
projects''.
SEC. 115. FLOOD PROTECTION PROJECTS.
(a) General Considerations.--Section 73(a) of the Water
Resources Development Act of 1974 (33 U.S.C. 701b-11(a)) is
amended by striking ``including'' and all that follows
through the period at the end and inserting the following:
``, with a view toward formulating the most economically,
socially, and environmentally acceptable means of reducing or
preventing flood damage, including--
``(1) floodproofing of structures, including through
elevation;
``(2) floodplain regulation;
``(3) acquisition of floodplain land for recreational, fish
and wildlife, and other public purposes;
``(4) relocation; and
``(5) the use of a feature described in section 1184(a) of
the Water Infrastructure Improvements for the Nation Act (33
U.S.C. 2289a(a)).''.
(b) Conforming Amendment.--Section 103(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213) is
amended--
(1) in the subsection heading, by striking ``Nonstructural
Flood Control Projects'' and inserting ``Projects Using
Nonstructural, Natural, or Nature-Based Features''; and
(2) in paragraph (1)--
(A) by striking ``nonstructural flood control measures''
and inserting ``a flood risk management or hurricane and
storm damage risk reduction measure using a nonstructural
feature, or a natural feature or nature-based feature (as
those terms are defined in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a))),'';
and
(B) by striking ``cash during construction of the project''
and inserting ``cash during construction for a nonstructural
feature if the costs of land, easements, rights-of-way,
dredged material disposal areas, and relocations for such
feature are estimated to exceed 35 percent''.
SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-
BASED FEATURES.
(a) Technical Correction.--Section 1149(c) of the Water
Resources Development Act of 2018 (33 U.S.C. 2282 note; 132
Stat. 3787) is amended by striking ``natural infrastructure
alternatives'' and inserting ``natural feature or nature-
based feature alternatives (as such terms are defined in
section 1184 of the Water Resources Development Act of 2016
(32 U.S.C. 2289a))''.
(b) Summary of Analysis.--To the maximum extent
practicable, the Secretary shall include in each feasibility
report developed
[[Page H6940]]
under section 905 of the Water Resources Development Act of
1986 (33 U.S.C. 2282) for a project that contains a flood
risk management or hurricane and storm damage risk reduction
element, a summary of the natural feature or nature-based
feature alternatives, along with their long-term costs and
benefits, that were evaluated in the development of the
feasibility report, and, if such alternatives were not
included in the recommended plan, an explanation of why such
alternatives were not included in the recommended plan.
SEC. 117. FEDERAL INTEREST DETERMINATION.
Section 905 of the Water Resources Development Act of 1986
(33 U.S.C. 2282) is amended by inserting after subsection (a)
the following:
``(b) Federal Interest Determination.--
``(1) In general.--
``(A) Economically disadvantaged communities.--In preparing
a feasibility report under subsection (a) for a study that
will benefit an economically disadvantaged community, upon
request by the non-Federal interest for the study, the
Secretary shall first determine the Federal interest in
carrying out the study and the projects that may be proposed
in the study.
``(B) Other communities.--
``(i) Authorization.--In preparing a feasibility report
under subsection (a) for a study that will benefit a covered
community, upon request by the non-Federal interest for the
study, the Secretary may, with respect to not more than 3
studies in each fiscal year, first determine the Federal
interest in carrying out the study and the projects that may
be proposed in the study.
``(ii) Covered communities.--In this subparagraph, the term
`covered community' means a community that--
``(I) is not an economically disadvantaged community; and
``(II) the Secretary finds has a compelling need for the
Secretary to make a determination under clause (i).
``(2) Cost share.--The costs of a determination under
paragraph (1)--
``(A) shall be at Federal expense; and
``(B) shall not exceed $200,000.
``(3) Deadline.--A determination under paragraph (1) shall
be completed by not later than 120 days after the date on
which funds are made available to the Secretary to carry out
the determination.
``(4) Treatment.--
``(A) Timing.--The period during which a determination is
being completed under paragraph (1) for a study shall not be
included for purposes of the deadline to complete a final
feasibility report under section 1001(a)(1) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282c(a)(1)).
``(B) Cost.--The cost of a determination under paragraph
(1) shall not be included for purposes of the maximum Federal
cost under section 1001(a)(2) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).
``(5) Report to non-federal interest.--If, based on a
determination under paragraph (1), the Secretary determines
that a study or project is not in the Federal interest
because the project will not result, or is unlikely to
result, in a recommended plan that will produce national
economic development benefits greater than cost, but may
result in a technically sound and environmentally acceptable
plan that is otherwise consistent with section 904 of the
Water Resources Development Act of 1986 (33 U.S.C. 2281), the
Secretary shall issue a report to the non-Federal interest
with recommendations on how the non-Federal interest might
modify the proposal such that the project could be in the
Federal interest and feasible.''.
SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF
ENGINEERS PROJECTS IN RURAL COMMUNITIES AND
ECONOMICALLY DISADVANTAGED COMMUNITIES.
(a) In General.--The Secretary shall establish and
implement pilot programs, in accordance with this section, to
evaluate opportunities to address the flood risk management
and hurricane and storm damage risk reduction needs of rural
communities and economically disadvantaged communities.
(b) Economically Disadvantaged Community Flood Protection
and Hurricane and Storm Damage Reduction Study Pilot
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and
implement a pilot program to carry out feasibility studies,
in accordance with this subsection, for flood risk management
and hurricane and storm damage risk reduction projects for
economically disadvantaged communities, in coordination with
non-Federal interests.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) publish a notice in the Federal Register that requests
from non-Federal interests proposals for the potential
feasibility study of a flood risk management project or
hurricane and storm damage risk reduction project for an
economically disadvantaged community;
(B) upon request of a non-Federal interest for such a
project, provide technical assistance to such non-Federal
interest in the formulation of a proposal for a potential
feasibility study to be submitted to the Secretary under the
pilot program; and
(C) review such proposals and select 10 feasibility studies
for such projects to be carried out by the Secretary, in
coordination with the non-Federal interest, under this pilot
program.
(3) Selection criteria.--In selecting a feasibility study
under paragraph (2)(C), the Secretary shall consider
whether--
(A) the percentage of people living in poverty in the
county or counties (or county-equivalent entity or entities)
in which the project is located is greater than the
percentage of people living in poverty in the State, based on
census bureau data;
(B) the percentage of families with income above the
poverty threshold but below the average household income in
the county or counties (or county-equivalent entity or
entities) in which the project is located is greater than
such percentage for the State, based on census bureau data;
(C) the percentage of the population that identifies as
belonging to a minority or indigenous group in the county or
counties (or county-equivalent entity or entities) in which
the project is located is greater than the average such
percentage in the State, based on census bureau data; and
(D) the project is addressing flooding or hurricane or
storm damage effects that have a disproportionate impact on a
rural community, a minority community, or an Indian Tribe.
(4) Administration.--Notwithstanding the requirements of
section 105(a)(1)(A) of the Water Resources Development Act
of 1986 (33 U.S.C. 2215), the Federal share of the cost of a
feasibility study carried out under the pilot program shall
be 100 percent.
(5) Study requirements.--Feasibility studies carried out
under this subsection shall, to the maximum extent
practicable, incorporate natural features or nature-based
features (as such terms are defined in section 1184 of the
Water Resources Development Act of 2016 (33 U.S.C. 2289a)),
or a combination of such features and nonstructural features,
that avoid or reduce at least 50 percent of flood or storm
damages in one or more of the alternatives included in the
final alternatives evaluated.
(6) Notification.--The Secretary shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the selection of each feasibility
study under the pilot program.
(7) Completion.--Upon completion of a feasibility report
for a feasibility study selected to be carried out under this
subsection, the Secretary shall transmit the report to
Congress for authorization, and shall include the report in
the next annual report submitted under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(c) Pilot Program for the Recommendation of Flood
Protection and Hurricane and Storm Damage Reduction Projects
in Rural Communities and Economically Disadvantaged
Communities.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and
implement a pilot program to evaluate, and make
recommendations to Congress on, flood risk management
projects and hurricane and storm damage risk reduction
projects in rural communities or economically disadvantaged
communities, without demonstrating that each project is
justified solely by national economic development benefits.
(2) Considerations.--In carrying out this subsection, the
Secretary may make a recommendation to Congress on up to 10
projects, without demonstrating that the project is justified
solely by national economic development benefits, if the
Secretary determines that--
(A) the community to be served by the project is an
economically disadvantaged community or a rural community;
(B) the long-term life safety, economic viability, and
environmental sustainability of the community would be
threatened without the project; and
(C) the project is consistent with the requirements of
section 1 of the Flood Control Act of 1936 (33 U.S.C. 701a).
(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that project recommendations are
consistent with the principles and requirements and the
interagency guidelines, as such terms are defined in section
110 of this Act, including the consideration of quantifiable
monetary and nonmonetary benefits of the project.
(4) Prioritization.--The Secretary may give equivalent
budgetary consideration and priority to projects recommended
under this subsection.
(d) Geographic Diversity.--In selecting feasibility studies
under subsection (b)(2)(C) or in making project
recommendations under subsection (c), the Secretary shall
consider the geographic diversity among proposed projects.
(e) Report.--Not later than 5 years and 10 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate, and make publicly available, a
report detailing the results of the pilot programs carried
out under this section, including--
(1) a description of proposals received from non-Federal
interests pursuant to subsection (b)(2)(A);
(2) a description of technical assistance provided to non-
Federal interests under subsection (b)(2)(B);
[[Page H6941]]
(3) a description of proposals selected under subsection
(b)(2)(C) and criteria used to select such proposals;
(4) a description of the projects evaluated or recommended
by the Secretary under subsection (c);
(5) a description of the quantifiable monetary and
nonmonetary benefits associated with the projects recommended
under subsection (c); and
(6) any recommendations to Congress on how the Secretary
can address the flood risk management and hurricane and storm
damage risk reduction needs of economically disadvantaged
communities.
(f) State Defined.--In this section, the term ``State''
means each of the several States, the District of Columbia,
and each of the commonwealths, territories, and possessions
of the United States.
(g) Sunset.--The authority to commence a feasibility study
under subsection (b), and the authority make a recommendation
under subsection (c), shall terminate on the date that is 10
years after the date of enactment of this Act.
SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD
FIGHTING NEEDS FOR COMMUNITIES SUBJECT TO
REPETITIVE FLOODING.
(a) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a legally constituted public body (as that term is used
in section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(b))--
(A) with jurisdiction over an area that has been subject to
flooding in two or more events in any 10-year period; and
(B) that has received emergency flood-fighting assistance,
including construction of temporary barriers by the
Secretary, under section 5 of the Act of August 18, 1941 (33
U.S.C. 701n) with respect to such flood events.
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(b) Program.--
(1) In general.--The Secretary is authorized to carry out a
program to study, design, and construct water resources
development projects through measures involving, among other
things, strengthening, raising, extending, realigning, or
otherwise modifying existing flood control works, designing
new works, and incorporating natural features, nature-based
features, or nonstructural features, as appropriate to
provide flood and coastal storm risk management to affected
communities.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall, to the maximum extent practical, review and,
where appropriate, incorporate natural features or nature-
based features, or a combination of such features and
nonstructural features, that avoid or reduce at least 50
percent of flood or storm damages in one or more of the
alternatives included in the final alternatives evaluated.
(3) Construction.--
(A) In general.--The Secretary may carry out a project
described in paragraph (1) without further congressional
authorization if--
(i) the Secretary determines that the project--
(I) is advisable to reduce the risk of flooding for an
affected community; and
(II) produces benefits that are in excess of the estimated
costs; and
(ii) the Federal share of the cost of the construction does
not exceed $17,500,000.
(B) Specific authorization.--If the Federal share of the
cost of a project described in paragraph (1) exceeds
$17,500,000, the Secretary shall submit the project
recommendation to Congress for authorization prior to
construction, and shall include the project recommendation in
the next annual report submitted under section 7001 of the
Water Resources Reform and Development Act of 2014.
(C) Financing.--
(i) Contributions.--If, based on a study carried out
pursuant to paragraph (1), the Secretary determines that a
project described in paragraph (1) will not produce benefits
greater than cost, the Secretary shall allow the affected
community to pay, or provide contributions equal to, an
amount sufficient to make the remaining costs of design and
construction of the project equal to the estimated value of
the benefits of the project.
(ii) Effect on non-federal share.--Amounts provided by an
affected community under clause (i) shall be in addition to
any payments or contributions the affected community is
required to provide toward the remaining costs of design and
construction of the project under section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(4) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a project
entered into pursuant to this section shall be subject to the
ability of the affected community to pay.
(B) Determination.--The ability of any affected community
to pay shall be determined by the Secretary in accordance
with procedures established by the Secretary.
(C) Effect of reduction.--Any reduction in the non-Federal
share of the cost of a project described in paragraph (1) as
a result of a determination under this paragraph shall not be
included in the Federal share for purposes of subparagraphs
(A) and (B) of paragraph (3).
SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)--
(i) in clause (i)(I), by inserting ``, or provide
contributions equal to,'' after ``pay''; and
(ii) in clause (ii)--
(I) in the heading, by inserting ``and contributions''
after ``of payments'';
(II) by inserting ``or contributions'' after ``Non-Federal
payments''; and
(III) by inserting ``or contributions'' after ``non-Federal
payments''; and
(B) by adding at the end the following:
``(5) Feasibility study.--
``(A) Determination.--Not later than 180 days after
receiving, from a non-Federal sponsor of a project to repair
or rehabilitate a flood control work described in paragraph
(1), a request to initiate a feasibility study to further
modify the relevant flood control work to provide for an
increased level of protection, the Secretary shall provide to
the non-Federal sponsor a written decision on whether the
Secretary has the authority under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a) to undertake the
requested feasibility study.
``(B) Recommendation.--If the Secretary determines under
subparagraph (B) that the Secretary does not have the
authority to undertake the requested feasibility study, the
Secretary shall include the request for a feasibility study
in the annual report submitted under section 7001 of the
Water Resources Reform and Development Act of 2014.''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Levee Owners
Manual'' and inserting ``Eligibility'';
(B) in paragraph (1), in the heading, by striking ``In
general'' and inserting ``Levee owner's manual'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively, and inserting after paragraph (1)
the following:
``(2) Compliance.--
``(A) In general.--Notwithstanding the status of compliance
of a non-Federal interest with the requirements of a levee
owner's manual described in paragraph (1), or with any other
eligibility requirement established by the Secretary related
to the maintenance and upkeep responsibilities of the non-
Federal interest, the Secretary shall consider the non-
Federal interest to be eligible for repair and rehabilitation
assistance under this section if the non-Federal interest--
``(i) enters into a written agreement with the Secretary
that identifies any items of deferred or inadequate
maintenance and upkeep identified by the Secretary prior to
the natural disaster; and
``(ii) pays, during performance of the repair and
rehabilitation work, all costs to address--
``(I) any items of deferred or inadequate maintenance and
upkeep identified by the Secretary; and
``(II) any repair or rehabilitation work necessary to
address damage the Secretary attributes to such deferred or
inadequate maintenance or upkeep.
``(B) Eligibility.--The Secretary may only enter into one
agreement under subparagraph (A) with any non-Federal
interest.
``(C) Sunset.--The authority of the Secretary to enter into
agreements under paragraph (2) shall terminate on the date
that is 5 years after the date of enactment of this
paragraph.''; and
(D) in paragraph (3) (as so redesignated), by striking
``this subsection'' and inserting ``paragraph (1)''.
SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.
Section 1161(b) of the Water Resources Development Act of
2018 (33 U.S.C. 701n note) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking the ``three fiscal years preceding'' and
inserting ``five fiscal years preceding''; and
(B) by striking ``last day of the third fiscal year'' and
inserting ``last day of the fifth fiscal year'';
(2) in paragraph (1), by inserting ``, or provide
contributions equal to,'' before ``an amount sufficient'';
and
(3) by striking paragraph (2) and inserting the following:
``(2) the Secretary determines that the damage to the
structure was not as a result of negligent operation or
maintenance.''.
SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.
(a) In General.--To the maximum extent practicable, during
the 5-year period beginning on the date of enactment of this
Act, the Secretary shall prioritize and expedite the
processing of applications for permits under section 10 of
the Act of March 3, 1899 (33 U.S.C. 403), and section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344), and
permissions under section 14 of the Act of March 3, 1899 (33
U.S.C. 408), to complete repairs, reconstruction (including
improvements), and upgrades to flood control infrastructure
damaged by flooding events during calendar years 2017 through
2020, including flooding events caused by ice jams.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal
law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
[[Page H6942]]
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.
Section 6002 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1349) is amended to read as follows:
``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
``(a) Assessment.--The Secretary shall conduct an
assessment of projects constructed by the Secretary for which
the Secretary continues to have financial or operational
responsibility.
``(b) Inventory.--Not later than 18 months after the date
of enactment of the Water Resources Development Act of 2020,
the Secretary shall, based on the assessment carried out
under subsection (a), develop an inventory of projects or
portions of projects--
``(1) that are not needed for the missions of the Corps of
Engineers;
``(2) the modification of which, including though the use
of structural features, nonstructural features, or natural
features or nature-based features (as those terms are defined
in section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a)), could improve the sustainable
operations of the project, or reduce operation and
maintenance costs for the project; or
``(3) that are no longer having project purposes adequately
met by the Corps of Engineers, because of deferment of
maintenance or other challenges, and the divestment of which
to a non-Federal entity could better meet the local and
regional needs for operation and maintenance.
``(c) Criteria.--In conducting the assessment under
subsection (a) and developing the inventory under subsection
(b), the Secretary shall use the following criteria:
``(1) The extent to which the project aligns with the
current missions of the Corps of Engineers.
``(2) The economic and environmental impacts of the project
on existing communities in the vicinity of the project.
``(3) The extent to which the divestment or modification of
the project could reduce operation and maintenance costs of
the Corps of Engineers.
``(4) The extent to which the divestment or modification of
the project is in the public interest.
``(5) The extent to which investment of additional Federal
resources in the project proposed for divestment or
modification, including investment needed to bring the
project to a good state of repair, is in the public interest.
``(6) The extent to which the authorized purpose of the
project is no longer being met.
``(d) Recommendations of Non-Federal Interests.--A non-
Federal interest for a project may recommend that the
Secretary include such project in the assessment or inventory
required under this section.
``(e) Report to Congress.--
``(1) In general.--Upon completion of the inventory
required by subsection (b), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make publicly available, a
report containing the findings of the Secretary with respect
to the assessment and inventory required under this section.
``(2) Inclusion.--The Secretary shall list in an appendix
any recommendation of a non-Federal interest made with
respect to a project under subsection (d) that the Secretary
determines not to include in the inventory developed under
subsection (b), based on the criteria in subsection (c),
including information about the request and the reasons for
the Secretary's determination.''.
SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.
It is the sense of Congress that the Secretary, in
coordination with non-Federal interests, should maximize the
development, evaluation, and recommendation of project
alternatives for future water resources development projects
that produce multiple project benefits, such as navigation,
flood risk management, and ecosystem restoration benefits,
including through the use of natural or nature-based features
and the beneficial use of dredged material.
SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED
MATERIAL MANAGEMENT PLANS.
(a) National Policy on the Beneficial Use of Dredged
Material.--
(1) In general.--It is the policy of the United States for
the Corps of Engineers to maximize the beneficial use, in an
environmentally acceptable manner, of suitable dredged
material obtained from the construction or operation and
maintenance of water resources development projects.
(2) Placement of dredged materials.--
(A) In general.--In evaluating the placement of dredged
material obtained from the construction or operation and
maintenance of water resources development projects, the
Secretary shall consider--
(i) the suitability of the dredged material for a full
range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies,
and impacts (including the effects on living coral) of using
the dredged material for beneficial uses, including, in the
case of beneficial use activities that involve more than one
water resources development project, the benefits,
efficiencies, and impacts that result from the combined
activities.
(B) Calculation of federal standard.--
(i) Determination.--The economic benefits and efficiencies
from the beneficial use of dredged material considered by the
Secretary under subparagraph (A) shall be included in any
determination relating to the ``Federal standard'' by the
Secretary under section 335.7 of title 33, Code of Federal
Regulations, for the placement or disposal of such material.
(ii) Reports.--The Secretary shall submit to Congress--
(I) a report detailing the method and all of the factors
utilized by the Corps of Engineers to determine the Federal
standard referred to in clause (i); and
(II) for each evaluation under subparagraph (A), a report
displaying the calculations for economic and environmental
benefits and efficiencies from the beneficial use of dredged
material (including, where appropriate, the utilization of
alternative dredging equipment and dredging disposal methods)
considered by the Secretary under such subparagraph for the
placement or disposal of such material.
(C) Selection of dredged material disposal method for
certain purposes.--Section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)) is amended--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``In developing'' and all that follows through ``the non-
Federal interest,'' and inserting ``At the request of the
non-Federal interest for a water resources development
project involving the disposal of dredged material, the
Secretary, using funds appropriated for construction or
operation and maintenance of the project, may select''; and
(II) in subparagraph (B), by striking ``flood and storm
damage and flood reduction benefits'' and inserting
``hurricane and storm or flood risk reduction benefits''; and
(ii) by adding at the end the following:
``(5) Selection of dredged material disposal method for
certain purposes.--Activities carried out under this
subsection--
``(A) shall be carried out using amounts appropriated for
construction or operation and maintenance of the project
involving the disposal of the dredged material; and
``(B) shall not carried out using amounts made available
under subsection (g).''.
(b) Beneficial Use of Dredged Material.--
(1) Pilot program projects.--Section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(ii) in paragraph (7)(C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) recovering lost storage capacity in reservoirs due to
sediment accumulation, if the project also has a purpose
described in any of paragraphs (1) through (7).'';
(B) in subsection (b)(1), by striking ``20'' and inserting
``35''; and
(C) in subsection (g), by striking ``20'' and inserting
``35''.
(2) Sense of congress.--It is the sense of Congress that
the Secretary, in selecting projects for the beneficial use
of dredged materials under section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note),
should ensure the thorough evaluation of project submissions
from rural, small, and economically disadvantaged
communities.
(3) Project selection.--In selecting projects for the
beneficial use of dredged materials under section 1122 of the
Water Resources Development Act of 2016 (33 U.S.C. 2326
note), the Secretary shall prioritize the selection of at
least one project for the utilization of thin layer placement
of dredged fine and coarse grain sediment and at least one
project for recovering lost storage capacity in reservoirs
due to sediment accumulation authorized by subsection (a)(8)
of such section, to the extent that a non-Federal interest
has submitted an application for such project purposes that
otherwise meets the requirements of such section.
(4) Temporary easements.--Section 1148 of the Water
Resources Development Act of 2018 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) by striking ``grant'' and inserting ``approve''; and
(ii) by striking ``granting'' and inserting ``approving'';
and
(B) in subsection (b), by striking ``grants'' and inserting
``approves''.
(c) Five-Year Regional Dredged Material Management Plans.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the District
Commander of each district of the Corps of Engineers that
obtains dredged material through the construction or
operation and maintenance of a water resources development
project shall, at Federal expense, develop and submit to the
Secretary a 5-year dredged material management plan in
coordination with relevant State agencies and stakeholders.
(2) Scope.--Each plan developed under this subsection shall
include--
(A) a dredged material budget for each watershed or
littoral system within the district;
(B) an estimate of the amount of dredged material likely to
be obtained through the construction or operation and
maintenance
[[Page H6943]]
of all water resources development projects projected to be
carried out within the district during the 5-year period
following submission of the plan, and the estimated timing
for obtaining such dredged material;
(C) an identification of potential water resources
development projects projected to be carried out within the
district during such 5-year period that are suitable for, or
that require, the placement of dredged material, and an
estimate of the amount of dredged material placement capacity
of such projects;
(D) an evaluation of--
(i) the suitability of the dredged material for a full
range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies,
and impacts (including the effects on living coral) of using
the dredged material for beneficial uses, including, in the
case of beneficial use activities that involve more than one
water resources development project, the benefits,
efficiencies, and impacts that result from the combined
activities;
(E) the district-wide goals for beneficial use of the
dredged material, including any expected cost savings from
aligning and coordinating multiple projects (including
projects across Corps districts) in the use of the dredged
material; and
(F) a description of potential beneficial use projects
identified through stakeholder solicitation and coordination.
(3) Public comment.--In developing each plan under this
subsection, each District Commander shall provide notice and
an opportunity for public comment, including a solicitation
for stakeholders to identify beneficial use projects, in
order to ensure, to the extent practicable, that beneficial
use of dredged material is not foregone in a particular
fiscal year or dredging cycle.
(4) Public availability.--Upon submission of each plan to
the Secretary under this subsection, each District Commander
shall make the plan publicly available, including on a
publicly available website.
(5) Transmission to congress.--As soon as practicable after
receiving a plan under subsection (a), the Secretary shall
transmit the plan to Congress.
(6) Regional sediment management plans.--A plan developed
under this section--
(A) shall be in addition to regional sediment management
plans prepared under section 204(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(a)); and
(B) shall not be subject to the limitations in section
204(g) of the Water Resources Development Act of 1992 (33
U.S.C. 2326(g)).
(d) Dredge Pilot Program.--
(1) Revisions.--Section 1111 of the Water Resources
Development Act of 2018 (33 U.S.C. 2326 note) is amended--
(A) in subsection (a), by striking ``for the operation and
maintenance of harbors and inland harbors'' and all that
follows through the period at the end and inserting the
following: ``for the operation and maintenance of--
``(1) harbors and inland harbors referred to in section
210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)); or
``(2) inland and intracoastal waterways of the United
States described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804).''; and
(B) in subsection (b), by striking ``or inland harbors''
and inserting ``, inland harbors, or inland or intracoastal
waterways''.
(2) Coordination with existing authorities.--The Secretary
may carry out the dredge pilot program authorized by section
1111 of the Water Resources Development Act of 2018 (33
U.S.C. 2326 note) in coordination with Federal regional
dredge demonstration programs in effect on the date of
enactment of this Act.
SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.
(a) Anadromous Fish Habitat and Passage.--Section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330)
is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Anadromous fish habitat and passage.--
``(A) Measures.--A project under this section may include
measures to improve habitat or passage for anadromous fish,
including--
``(i) installing fish bypass structures on small water
diversions;
``(ii) modifying tide gates; and
``(iii) restoring or reconnecting floodplains and wetlands
that are important for anadromous fish habitat or passage.
``(B) Benefits.--A project that includes measures under
this paragraph shall be formulated to maximize benefits for
the anadromous fish species benefitted by the project.''; and
(2) by adding at the end the following:
``(g) Prioritization.--The Secretary shall give projects
that include measures described in subsection (a)(3) equal
priority for implementation as other projects under this
section.''.
SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES
INFRASTRUCTURE.
(a) In General.--Section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii)(III), by inserting ``,
regional, or local'' after ``national''; and
(ii) by adding at the end the following:
``(D) Modifications of projects carried out pursuant to
continuing authority programs.--
``(i) In general.--With respect to a project being carried
out pursuant to a continuing authority program for which a
proposed modification is necessary because the project is
projected to exceed, in the coming fiscal year, the maximum
Federal cost of the project, the Secretary shall include a
proposed modification in the annual report if the proposed
modification will result in completion of construction the
project and the justification for the modification is not the
result of a change in the scope of the project.
``(ii) Inclusion.--For each proposed modification included
in an annual report under clause (i), the Secretary shall
include in the annual report--
``(I) a justification of why the modification is necessary;
``(II) an estimate of the total cost and timeline required
to complete construction of the project; and
``(III) an indication of continued support by the non-
Federal interest and the financial ability of the non-Federal
interest to provide the required cost-share.
``(iii) Definition.--For the purposes of this subparagraph,
the term `continuing authority program' means any of--
``(I) section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r);
``(II) section 3 of the Act of August 13, 1946 (33 U.S.C.
426g);
``(III) section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577);
``(IV) section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i);
``(V) section 204 of the Water Resources Development Act of
1992 (33 U.S.C. 2326);
``(VI) section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s);
``(VII) section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330);
``(VIII) section 2 of the Act of August 28, 1937 (33 U.S.C.
701g); and
``(IX) section 1135 of the Water Resources Development Act
of 1986 (33 U.S.C. 2309a).''; and
(B) in paragraph (4)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
``(ii) the Secretary shall not include proposals in the
appendix of the annual report that otherwise meet the
criteria for inclusion in the annual report solely on the
basis that the proposals are for the purposes of navigation,
flood risk management, ecosystem restoration, or municipal or
agricultural water supply; and''; and
(2) in subsection (g)(5), by striking ``if authorized'' and
all that follows through ``2016''.
(b) Over-Budget Cap Programs.--For any project carried out
under a continuing authority program, as such term is defined
in section 7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d)), for which the
Secretary is required to include a proposed modification in
an annual report under such section 7001(c)(1)(D), the
Secretary shall, to the extent practicable, inform the non-
Federal interest of the process for carrying out the project
pursuant to section 105 of the Water Resources Development
Act of 1986 (33 U.S.C. 2215) and whether the Secretary has
the authority to complete a feasibility study for the
project.
(c) Annual Report on Status of Feasibility Studies.--
Concurrent with each report submitted under section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that provides for an accounting
of all outstanding feasibility studies being conducted by the
Secretary, including, for each such study, its length, cost,
and expected completion date.
SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a
demonstration program to determine the causes of, and
implement measures to effectively detect, prevent, treat, and
eliminate, harmful algal blooms associated with water
resources development projects.
(b) Consultation; Use of Existing Data and Program
Authorities.--In carrying out the demonstration program under
subsection (a), the Secretary shall--
(1) consult with the heads of appropriate Federal and State
agencies; and
(2) make maximum use of existing Federal and State data and
ongoing programs and activities of Federal and State
agencies, including the activities of the Secretary carried
out through the Engineer Research and Development Center
pursuant to section 1109 of the Water Resources Development
Act of 2018 (33 U.S.C. 610 note).
(c) Focus Areas.--In carrying out the demonstration program
under subsection (a), the Secretary shall undertake program
activities related to harmful algal blooms in the Great
Lakes, the tidal and inland waters of the State of New
Jersey, the coastal and tidal waters of the State of
Louisiana, the waterways of the counties that comprise the
Sacramento-San Joaquin Delta, California, the Allegheny
Reservoir Watershed, New York, and Lake Okeechobee, Florida.
[[Page H6944]]
(d) Additional Focus Areas.--In addition to the areas
described in subsection (c), in carrying out the
demonstration program under subsection (a), the Secretary
shall undertake program activities related to harmful algal
blooms at any Federal reservoir located in the Upper Missouri
River Basin or the North Platte River Basin, at the request
and expense of another Federal agency.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $25,000,000 to carry out
this section. Such sums shall remain available until
expended.
SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX
CONSTRUCTION.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the effects of any interception-rearing complex
constructed on the Missouri River on--
(1) flood risk management and navigation; and
(2) the population recovery of the pallid sturgeon,
including baseline population counts.
(b) No Additional IRC Construction.--The Secretary may not
authorize construction of an interception-rearing complex on
the Missouri River until the Secretary--
(1) submits the report required by subsection (a);
(2) acting through the Engineer Research and Development
Center, conducts further research on interception-rearing
complex design, including any effects on existing flows,
flood risk management, and navigation; and
(3) develops a plan--
(A) to repair dikes and revetments that are affecting flood
risk and bank erosion; and
(B) to establish, repair, or improve water control
structures at the headworks of constructed shallow water
habitat side-channels.
(c) Future IRC Construction.--
(1) Public comment.--The Secretary shall provide an
opportunity for comment from the public and the Governor of
each affected State on any proposals to construct an
interception-rearing complex after the date of enactment of
this Act.
(2) Period.--The public comment period required by
paragraph (1) shall be not less than 90 days for each
proposal to construct an interception-rearing complex on the
Missouri River.
SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR,
RESTORATION, OR REHABILITATION OF PROJECTS.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means an
area--
(A) for which the Governor of a State has requested a
determination that an emergency exists; or
(B) covered by an emergency or major disaster declaration
declared under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Emergency period.--The term ``emergency period''
means--
(A) with respect to a covered area described in paragraph
(1)(A), the period during which the Secretary determines an
emergency exists; and
(B) with respect to a covered area described in paragraph
(1)(B), the period during which the applicable declaration is
in effect.
(b) In General.--In any covered area, the Secretary is
authorized to accept and use materials, services, and funds,
during the emergency period, from a non-Federal interest or
private entity to repair, restore, or rehabilitate a
federally authorized water resources development project, and
to provide reimbursement to such non-Federal interest or
private entity for such materials, services, and funds, in
the Secretary's sole discretion, and subject to the
availability of appropriations, if the Secretary determines
that reimbursement is in the public interest.
(c) Additional Requirement.--The Secretary may only
reimburse for the use of materials or services accepted under
this section if such materials or services meet the
Secretary's specifications and comply with all applicable
laws and regulations that would apply if such materials and
services were acquired by the Secretary, including sections
3141 through 3148 and 3701 through 3708 of title 40, United
States Code, section 8302 of title 41, United States Code,
and the National Environmental Policy Act of 1969.
(d) Agreements.--
(1) In general.--Prior to the acceptance of materials,
services, or funds under this section, the Secretary and the
non-Federal interest or private entity shall enter into an
agreement that specifies--
(A) the non-Federal interest or private entity shall hold
and save the United States free from any and all damages that
arise from use of materials or services of the non-Federal
interest or private entity, except for damages due to the
fault or negligence of the United States or its contractors;
(B) the non-Federal interest or private entity shall
certify that the materials or services comply with all
applicable laws and regulations under subsection (c); and
(C) any other term or condition required by the Secretary.
(2) Exception.--If an agreement under paragraph (1) was not
entered prior to materials or services being contributed, a
non-Federal interest or private entity shall enter into an
agreement with the Secretary that--
(A) specifies the value, as determined by the Secretary, of
those materials or services contributed and eligible for
reimbursement; and
(B) ensures that the materials or services comply with
subsection (c) and paragraph (1).
SEC. 131. LEVEE SAFETY.
Section 9004 of the Water Resources Development Act of 2007
(33 U.S.C. 3303) is amended by adding at the end the
following:
``(d) Identification of Deficiencies.--
``(1) In general.--For each levee included in an inventory
established under subsection (b) or for which the Secretary
has conducted a review under subsection (c), the Secretary
shall--
``(A) identify the specific engineering and maintenance
deficiencies, if any; and
``(B) describe the recommended remedies to correct each
deficiency identified under subparagraph (A), and, if
requested by owner of a non-Federal levee, the associated
costs of those remedies.
``(2) Consultation.--In identifying deficiencies and
describing remedies for a levee under paragraph (1), the
Secretary shall consult with relevant non-Federal interests,
including by providing an opportunity for comment by those
non-Federal interests.''.
SEC. 132. NATIONAL DAM SAFETY PROGRAM.
(a) Definitions.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking clause (iii) and inserting the following:
``(iii) has an emergency action plan that--
``(I) is approved by the relevant State dam safety agency;
or
``(II) is in conformance with State law and pending
approval by the relevant State dam safety agency;''; and
(ii) by striking clause (iv) and inserting the following:
``(iv) fails to meet minimum dam safety standards of the
State in which the dam is located, as determined by the
State; and
``(v) poses an unacceptable risk to the public, as
determined by the Administrator, in consultation with the
Board.''; and
(B) in subparagraph (B)(i), by inserting ``under a
hydropower project with an authorized installed capacity of
greater than 1.5 megawatts'' after ``dam''; and
(2) in paragraph (10)--
(A) in the heading, by striking ``Non-federal sponsor'' and
inserting ``Eligible subrecipient''; and
(B) by striking ``The term `non-Federal sponsor' '' and
inserting ``The term `eligible subrecipient' ''.
(b) Rehabilitation of High Hazard Potential Dams.--
(1) Establishment of program.--Section 8A(a) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(a)) is
amended by striking ``to non-Federal sponsors'' and inserting
``to States with dam safety programs''.
(2) Eligible activities.--Section 8A(b) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the
matter preceding paragraph (1), by striking ``for a project
may be used for'' and inserting ``to a State may be used by
the State to award grants to eligible subrecipients for''.
(3) Award of grants.--Section 8A(c) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(c)) is amended--
(A) in paragraph (1)(A), by striking ``non-Federal
sponsor'' and inserting ``State''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``an eligible high
hazard potential dam to a non-Federal sponsor'' and inserting
``eligible high hazard potential dams to a State'';
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by striking ``Project
grant'' and inserting ``Grant'';
(II) by striking ``project grant agreement with the non-
Federal sponsor'' and inserting ``grant agreement with the
State''; and
(III) by striking ``project,'' and inserting ``projects for
which the grant is awarded,'';
(iii) by amending subparagraph (C) to read as follows:
``(C) Grant assurance.--As part of a grant agreement under
subparagraph (B), the Administrator shall require that each
eligible subrecipient to which the State awards a grant under
this section provides an assurance, with respect to the dam
to be rehabilitated by the eligible subrecipient, that the
dam owner will carry out a plan for maintenance of the dam
during the expected life of the dam.''; and
(iv) in subparagraph (D), by striking ``A grant provided
under this section shall not exceed'' and inserting ``A State
may not award a grant to an eligible subrecipient under this
section that exceeds, for any 1 dam,''.
(4) Requirements.--Section 8A(d) of the National Dam Safety
Program Act (33 U.S.C. 467f-2(d)) is amended--
(A) in paragraph (1), by inserting ``to an eligible
subrecipient'' after ``this section'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``Non-federal
sponsor'' and inserting ``Eligible subrecipient'';
(ii) in the matter preceding subparagraph (A), by striking
``the non-Federal sponsor shall'' and inserting ``an eligible
subrecipient shall, with respect to the dam to be
rehabilitated by the eligible subrecipient'';
(iii) by amending subparagraph (A) to read as follows:
``(A) demonstrate that the community in which the dam is
located participates in, and
[[Page H6945]]
complies with, all applicable Federal flood insurance
programs, including demonstrating that such community is
participating in the National Flood Insurance Program, and is
not on probation, suspended, or withdrawn from such
Program;'';
(iv) in subparagraph (B), by striking ``have'' and
inserting ``beginning not later than 2 years after the date
on which the Administrator publishes criteria for hazard
mitigation plans under paragraph (3), demonstrate that the
Tribal or local government with jurisdiction over the area in
which the dam is located has''; and
(v) in subparagraph (C), by striking ``50-year period'' and
inserting ``expected life of the dam''; and
(C) by adding at the end the following:
``(3) Hazard mitigation plan criteria.--Not later than 1
year after the date of enactment of this paragraph, the
Administrator, in consultation with the Board, shall publish
criteria for hazard mitigation plans required under paragraph
(2)(B).''.
(5) Floodplain management plans.--Section 8A(e) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is
amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``the non-Federal sponsor'' and inserting ``an eligible
subrecipient''; and
(ii) in subparagraph (B), by striking ``1 year'' and
inserting ``2 years'' each place it appears; and
(B) by striking paragraph (3) and inserting the following:
``(3) Plan criteria and technical support.--The
Administrator, in consultation with the Board, shall provide
criteria, and may provide technical support, for the
development and implementation of floodplain management plans
prepared under this subsection.''.
(6) Contractual requirements.--Section 8A(i)(1) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is
amended by striking ``a non-Federal sponsor'' and inserting
``an eligible subrecipient''.
SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
PUMP STATIONS.
(a) Definitions.--In this section:
(1) Eligible pump station.--The term ``eligible pump
station'' means a pump station--
(A) constructed, in whole or in part, by the Corps of
Engineers for flood risk management purposes;
(B) that the Secretary has identified as having a major
deficiency; and
(C) the failure of which the Secretary has determined would
impair the function of a flood risk management project
constructed by the Corps of Engineers.
(2) Rehabilitation.--
(A) In general.--The term ``rehabilitation'', with respect
to an eligible pump station, means to address a major
deficiency of the eligible pump station caused by long-term
degradation of the foundation, construction materials, or
engineering systems or components of the eligible pump
station.
(B) Inclusions.--The term ``rehabilitation'', with respect
to an eligible pump station, includes--
(i) the incorporation into the eligible pump station of--
(I) current design standards;
(II) efficiency improvements; and
(III) associated drainage; and
(ii) increasing the capacity of the eligible pump station,
subject to the condition that the increase shall--
(I) significantly decrease the risk of loss of life and
property damage; or
(II) decrease total lifecycle rehabilitation costs for the
eligible pump station.
(b) Authorization.--The Secretary may carry out
rehabilitation of an eligible pump station, if the Secretary
determines that the rehabilitation is feasible.
(c) Cost Sharing.--The non-Federal interest for the
eligible pump station shall--
(1) provide 35 percent of the cost of rehabilitation of an
eligible pump station carried out under this section; and
(2) provide all land, easements, rights-of-way, and
necessary relocations associated with the rehabilitation
described in subparagraph (A), at no cost to the Federal
Government.
(d) Agreement Required.--The rehabilitation of an eligible
pump station pursuant to this section shall be initiated only
after a non-Federal interest has entered into a binding
agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
rehabilitation under subsection (c); and
(2) to pay 100 percent of the operation and maintenance
costs of the rehabilitated eligible pump station, in
accordance with regulations promulgated by the Secretary.
(e) Treatment.--The rehabilitation of an eligible pump
station pursuant to this section shall not be considered to
be a separable element of the associated flood risk
management project constructed by the Corps of Engineers.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000, to
remain available until expended.
SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Reauthorization; Implementation Guidance.--Section
1043(b) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2201 note) is amended--
(1) in paragraph (7), by striking ``the date that is 5
years after the date of enactment of this Act'' and inserting
``September 30, 2026'';
(2) in paragraph (8), by striking ``2023'' and inserting
``2026''; and
(3) by adding at the end the following:
``(9) Implementation guidance.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Secretary shall issue
guidance for the implementation of the pilot program that, to
the extent practicable, identifies--
``(i) the metrics for measuring the success of the pilot
program;
``(ii) a process for identifying future projects to
participate in the pilot program;
``(iii) measures to address the risks of a non-Federal
interest constructing projects under the pilot program,
including which entity bears the risk for projects that fail
to meet the Corps of Engineers standards for design or
quality;
``(iv) the laws and regulations that a non-Federal interest
must follow in carrying out a project under the pilot
program; and
``(v) which entity bears the risk in the event that a
project carried out under the pilot program fails to be
carried out in accordance with the project authorization or
this subsection.
``(B) New project partnership agreements.--The Secretary
may not enter into a project partnership agreement under this
subsection during the period beginning on the date of
enactment of this paragraph and ending on the date on which
the Secretary issues the guidance under subparagraph (A).''.
(b) Non-Federal Project Implementation for Comprehensive
Everglades Restoration Plan Projects.--
(1) In general.--In carrying out the pilot program
authorized under section 1043(b) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2201 note), the
Secretary is authorized to include a project authorized to be
implemented by, or in accordance with, section 601 of the
Water Resources Development Act of 2000, in accordance with
such section 1043(b).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has
initiated construction in compliance with authorities
governing the provision of in-kind contributions for such
project, the Secretary shall take into account the value of
any in-kind contributions carried out by the non-Federal
interest for such project prior to the date of execution of
the project partnership agreement under section 1043(b) of
the Water Resources Reform and Development Act of 2014 when
determining the non-Federal share of the costs to complete
construction of the project.
(3) Guidance.--Not later than 180 days after the date of
enactment of this subsection, and in accordance with the
guidance issued under section 1043(b)(9) of the Water
Resources Reform and Development Act of 2014 (as added by
this section), the Secretary shall issue any additional
guidance that the Secretary determines necessary for the
implementation of this subsection.
SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN
TRIBES.
Section 1156(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2310(b)) is amended by striking ``for
inflation'' and all that follows through the period at the
end and inserting ``on an annual basis for inflation.''.
SEC. 136. REVIEW OF CONTRACTING POLICIES.
(a) Review of Contractual Agreements.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall complete a
review of the policies, guidelines, and regulations of the
Corps of Engineers for the development of contractual
agreements between the Secretary and non-Federal interests
and utilities associated with the construction of water
resources development projects.
(2) Report.--Not later than 90 days after completing the
review under subsection (a)(1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate, and make publicly available, a
report that includes--
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal
interest to use when writing or developing contractual
agreements with the Secretary and utilities.
(3) Provision of guidance.--The Secretary shall provide the
best practices guidance included under paragraph (2)(A) to
non-Federal interests prior to the development of contractual
agreements with such non-Federal interests.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary should maximize use of nonprice tradeoff
procedures in competitive acquisitions for carrying out
emergency work in an area with respect to which the President
has declared a major disaster under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act.
SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE
PROJECTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific
criteria for the evaluation and ranking of individual
environmental assistance projects authorized by Congress
(including projects authorized pursuant to environmental
assistance programs) for the Secretary to carry out.
(b) Minimum Criteria.--For the purposes of carrying out
this section, the Secretary shall evaluate, at a minimum--
[[Page H6946]]
(1) the nature and extent of the positive and negative
local economic impacts of the project, including--
(A) the benefits of the project to the local economy;
(B) the extent to which the project will enhance local
development;
(C) the number of jobs that will be directly created by the
project; and
(D) the ability of the non-Federal interest to pay the
applicable non-Federal share of the cost of the project;
(2) the demographics of the location in which the project
is to be carried out, including whether the project serves--
(A) a rural community; or
(B) an economically disadvantaged community, including an
economically disadvantaged minority community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with
respect to the project;
(5) whether the project could be carried out under other
Federal authorities at an equivalent cost to the non-Federal
interest; and
(6) any other criteria that the Secretary considers to be
appropriate.
(c) Inclusion in Guidance.--The Secretary shall include the
criteria developed under subsection (a) in the annual Civil
Works Direct Program Development Policy Guidance of the
Secretary.
(d) Report to Congress.--For fiscal year 2022, and
biennially thereafter, in conjunction with the President's
annual budget submission to Congress under section 1105(a) of
title 31, United States Code, the Secretary shall submit to
the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
identifies the Secretary's ranking of individual
environmental assistance projects authorized by Congress for
the Secretary to carry out, in accordance with the criteria
developed under this section.
SEC. 138. AGING INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Aging infrastructure.--The term ``aging
infrastructure'' means a water resources development project
of the Corps of Engineers, or any other water resources,
water storage, or irrigation project of another Federal
agency, that is greater than 75 years old.
(2) Enhanced inspection.--The term ``enhanced inspection''
means an inspection that uses current or innovative
technology, including Light Detection and Ranging (commonly
known as ``LiDAR''), ground penetrating radar, subsurface
imaging, or subsurface geophysical techniques, to detect
whether the features of the aging infrastructure are
structurally sound and can operate as intended, or are at
risk of failure.
(b) Contracts for Enhanced Inspection.--
(1) In general.--The Secretary may carry out enhanced
inspections of aging infrastructure, pursuant to a contract
with the owner or operator of the aging infrastructure.
(2) Certain circumstances.--Subject to the availability of
appropriations, or funds available pursuant to subsection
(d), the Secretary shall enter into a contract described in
paragraph (1), if--
(A) the owner or operator of the aging infrastructure
requests that the Secretary carry out the enhanced
inspections; and
(B) the inspection is at the full expense of such owner or
operator.
(c) Limitation.--The Secretary shall not require a non-
Federal entity associated with a project under the
jurisdiction of another Federal agency to carry out
corrective or remedial actions in response to an enhanced
inspection carried out under this section.
(d) Funding.--The Secretary is authorized to accept funds
from an owner or operator of aging infrastructure, and may
use such funds to carry out an enhanced inspection pursuant
to a contract entered into with such owner or operator under
this section.
SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.
(a) Inventory.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete an
inventory of all systems used by the Corps of Engineers for
external communication and notification with respect to
projects, initiatives, and facilities of the Corps of
Engineers.
(b) Uniform Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
the uniformity of such communication and notification systems
for projects, initiatives, and facilities of the Corps of
Engineers.
(2) Inclusions.--The plan developed under paragraph (1)
shall--
(A) provide access to information in all forms practicable,
including through email, text messages, news programs and
websites, radio, and other forms of notification;
(B) establish a notification system for any projects,
initiatives, or facilities of the Corps of Engineers that do
not have a notification system;
(C) streamline existing communication and notification
systems to improve the strength and uniformity of those
systems; and
(D) emphasize the necessity of timeliness in notification
systems and ensure that the methods of notification can
transmit information in a timely manner.
(3) Implementation.--
(A) In general.--Except as provided in subparagraph (B),
not later than 2 years after the date of enactment of this
Act, the Secretary shall complete the implementation of the
plan developed under paragraph (1).
(B) Emergency management notification.--Not later than 18
months after the date of enactment of this Act, the Secretary
shall implement the provisions of the plan developed under
paragraph (1) relating to emergency management notifications.
(4) Savings provision.--Nothing in this section authorizes
the elimination of any existing communication or notification
system used by the Corps of Engineers.
SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.
For any project for coastal storm damage reduction, the
Secretary may seek input from a non-Federal interest for a
project that may be affected by the timing of the coastal
storm damage reduction activities under the project, in order
to minimize, to the maximum extent practicable, any negative
effects resulting from the timing of those activities.
SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.
Section 542(b)(2) of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) measures to restore, protect, and preserve an
ecosystem affected by a dam (including by the rehabilitation
or modification of a dam)--
``(i) that has been constructed, in whole or in part, by
the Corps of Engineers for flood control purposes;
``(ii) for which construction was completed before 1940;
``(iii) that is classified as `high hazard potential' by
the State dam safety agency of the State in which the dam is
located; and
``(iv) that is operated by a non-Federal entity; or''.
SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that
the process developed by the Flood Protection Structure
Accreditation Task Force established under section 100226 of
the Moving Ahead for Progress in the 21st Century Act (42
U.S.C. 4101 note) should not be limited to levee systems in
the inspection of completed works program of the Corps of
Engineers, but should apply equally to federally owned levee
systems operated by the Secretary, including federally owned
levee systems operated by the Secretary as part of a
reservoir project.
(b) Levee Certifications.--Section 3014 of the Water
Resources Reform and Development Act of 2014 (42 U.S.C. 4131)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``under the inspection of completed works
program'' and inserting ``for levee systems under the levee
safety and dam safety programs''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``activities under the inspection of
completed works program of the Corps of Engineers'' and
inserting ``the activities referred to in paragraph (1)'';
(ii) by striking ``chapter 1'' and inserting ``chapter I'';
and
(iii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(3) in the case of a levee system that is operated and
maintained by the Corps of Engineers, to the maximum extent
practicable, cooperate with local governments seeking a levee
accreditation decision for the levee to provide information
necessary to support the accreditation decision in a timely
manner.''; and
(2) in paragraph (b)(3), by adding at the end the
following:
``(C) Contributed funds.--Notwithstanding subparagraph (B),
a non-Federal interest may fund up to 100 percent of the cost
of any activity carried out under this subsection.''.
SEC. 143. PROJECT PARTNERSHIP AGREEMENT.
Section 103(j)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(j)(1)) is amended--
(1) by striking ``Any project'' and inserting the
following:
``(A) In general.--Any project''; and
(2) by adding at the end the following:
``(B) Inclusion.--An agreement under subparagraph (A) shall
include a brief description and estimation of the anticipated
operations, maintenance, and replacement and rehabilitation
costs of the non-Federal interest for the project.''.
SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.
The Secretary is authorized, in accordance with section 5
of Act of June 22, 1936 (33 U.S.C. 701h), to accept and
expend funds contributed by a State or other non-Federal
interest--
(1) to dredge a non-Federal harbor or channel, or a marina
or berthing area located adjacent to, or accessible by, such
harbor or channel; or
(2) to provide technical assistance related to the planning
and design of dredging activities described in paragraph (1).
[[Page H6947]]
SEC. 145. REPLACEMENT CAPACITY.
Section 217(a) of the Water Resources Development Act of
1996 (33 U.S.C. 2326a(a)) is amended--
(1) in the subsection heading, by inserting ``or
Replacement Capacity'' after ``Additional Capacity'';
(2) by striking paragraph (1) and inserting the following:
``(1) Provided by secretary.--
``(A) In general.--Subject to subparagraph (B), at the
request of a non-Federal interest with respect to a project,
the Secretary may--
``(i) provide additional capacity at a dredged material
disposal facility constructed by the Secretary beyond the
capacity that would be required for project purposes; or
``(ii) permit the use of dredged material disposal facility
capacity required for project purposes by the non-Federal
interest if the Secretary determines that replacement
capacity can be constructed at the facility or another
facility or site before such capacity is needed for project
purposes.
``(B) Agreement.--Before the Secretary takes an action
under subparagraph (A), the non-Federal interest shall agree
to pay--
``(i) all costs associated with the construction of the
additional capacity or replacement capacity in advance of
construction of such capacity; and
``(ii) in the case of use by a non-Federal interest of
dredged material disposal capacity required for project
purposes under subparagraph (A)(ii), any increase in the cost
of operation and maintenance of the project that the
Secretary determines results from the use of the project
capacity by the non-Federal interest in advance of each cycle
of dredging.
``(C) Credit.--In the event the Secretary determines that
the cost to operate or maintain the project decreases as a
result of use by the non-Federal interest of dredged material
disposal capacity required for project purposes under
subparagraph (A)(ii), the Secretary, at the request of the
non-Federal interest, shall credit the amount of the decrease
toward any cash contribution of the non-Federal interest
required thereafter for construction, operation, or
maintenance of the project, or of another navigation
project.'';
(3) in paragraph (2), in the first sentence, by inserting
``under paragraph (1)(A)(i)'' after ``additional capacity'';
and
(4) by adding at the end the following:
``(3) Special rule for designation of replacement capacity
facility or site.--
``(A) In general.--Subject to such terms and conditions as
the Secretary determines to be necessary or advisable, an
agreement under paragraph (1)(B) for use permitted under
paragraph (1)(A)(ii) shall reserve to the non-Federal
interest--
``(i) the right to submit to the Secretary for approval at
a later date an alternative to the facility or site
designated in the agreement for construction of replacement
capacity; and
``(ii) the right to construct the replacement capacity at
the alternative facility or site at the expense of the non-
Federal interest.
``(B) Requirement.--The Secretary shall not reject a site
for the construction of replacement capacity under paragraph
(1)(A)(ii) that is submitted by the non-Federal interest for
approval by the Secretary before the date of execution of the
agreement under paragraph (1)(B), or thereafter, unless the
Secretary--
``(i) determines that the site is environmentally
unacceptable, geographically unacceptable, or technically
unsound; and
``(ii) provides a written basis for the determination under
clause (i) to the non-Federal interest.
``(4) Public comment.--The Secretary shall afford the
public an opportunity to comment on the determinations
required under this subsection for a use permitted under
paragraph (1)(A)(ii).''.
SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS
FACILITIES.
Section 1008 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2321b) is amended--
(1) by striking ``civil works'' each place it appears and
inserting ``water resources development''; and
(2) by adding at the end the following:
``(c) Reviewing Hydropower at Corps of Engineers
Facilities.--
``(1) Definition of eligible non-federal interest.--In this
subsection, the term `eligible non-Federal interest' means a
non-Federal interest that owns or operates an existing non-
Federal hydropower facility at a Corps of Engineers water
resources development project.
``(2) Evaluation.--
``(A) In general.--On the written request of an eligible
non-Federal interest, the Secretary shall conduct an
evaluation to consider operational changes at the applicable
project to facilitate production of non-Federal hydropower,
consistent with authorized project purposes. The Secretary
shall solicit input from interested stakeholders as part of
the evaluation.
``(B) Deadline.--Not later than 180 days after the date on
which the Secretary receives a written request under
subparagraph (A), the Secretary shall provide to the non-
Federal interest a written response to inform the non-Federal
interest--
``(i) that the Secretary has approved the request to
conduct an evaluation; or
``(ii) of any additional information necessary for the
Secretary to approve the request to conduct an evaluation.
``(3) Operational changes.--An operational change referred
to in paragraph (2)(A) may include--
``(A) changes to seasonal pool levels;
``(B) modifying releases from the project; and
``(C) other changes included in the written request
submitted under that paragraph that enhance the usage of the
project to facilitate production of non-Federal hydropower,
consistent with authorized project purposes.
``(4) Cost share.--The eligible non-Federal interest shall
pay 100 percent of the costs associated with an evaluation
under this subsection, including the costs to prepare the
report under paragraph (6).
``(5) Deadline.--The Secretary shall complete an evaluation
under this subsection by the date that is not later than 1
year after the date on which the Secretary begins the
evaluation.
``(6) Report.--On completion of an evaluation under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the effects of the operational
changes proposed by the non-Federal interest and examined in
the evaluation on the authorized purposes of the project,
including a description of any negative impacts of the
proposed operational changes on the authorized purposes of
the project, or on any Federal project located in the same
basin.
``(7) Savings provision.--Nothing in this subsection--
``(A) affects the authorized purposes of a Corps of
Engineers water resources development project;
``(B) affects existing authorities of the Corps of
Engineers, including authorities with respect to navigation,
flood damage reduction, environmental protection and
restoration, water supply and conservation, and other related
purposes; or
``(C) authorizes the Secretary to make any operational
changes to a Corps of Engineers water resources development
project.''.
SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.
(a) In General.--At the request of a non-Federal interest,
the Secretary shall assess the cause of damage to, or the
failure of, an embankment that is adjacent to the shoreline
of a reservoir project owned and operated by the Secretary
for which such damage or failure to the embankment has
adversely affected a roadway that the Secretary has relocated
for construction of the reservoir.
(b) Repair and Restoration Activities.--If, based on the
assessment carried out under subsection (a), the Secretary
determines that the cause of the damage to, or the failure
of, the embankment is the direct result of the design or
operation of the reservoir by the Secretary, the Secretary is
authorized to participate in the repair or restoration of
such embankment.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 to carry out
this section.
SEC. 148. COASTAL MAPPING.
Section 516 of the Water Resources Development Act of 1996
(33 U.S.C. 2326b) is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) by inserting after subsection (f) the following:
``(g) Coastal Mapping.--The Secretary shall develop and
carry out a plan for the recurring mapping of coastlines that
are experiencing rapid change, including such coastlines in--
``(1) Alaska;
``(2) Hawaii; and
``(3) any territory or possession of the United States.'';
and
(3) in subsection (h) (as so redesignated), by adding at
the end the following:
``(3) Coastal mapping.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out subsection (g) with respect to
Alaska, Hawaii, and the territories and possessions of the
United States, $10,000,000, to remain available until
expended.''.
SEC. 149. INTERIM RISK REDUCTION MEASURES.
(a) In General.--In the case of any interim risk reduction
measure for dam safety purposes that was evaluated in a final
environmental assessment completed during the period
beginning on March 18, 2019, and ending on the date of
enactment of this Act, the Secretary shall carry out a
reevaluation of the measure in a timely manner if the final
environmental assessment did not consider in detail at
least--
(1) 1 operational water control plan change alternative;
(2) 1 action alternative other than an operational water
control plan change; and
(3) the no action alternative.
(b) Coordination.--A reevaluation carried out under
subsection (a) shall include consideration of the
alternatives described in such subsection, which shall be
developed in coordination with Federal agencies, States,
Indian Tribes, units of local government, and other non-
Federal interests that have existing water obligations that
would be directly affected by implementation of an interim
risk reduction measure that is the subject of the
reevaluation.
(c) Implementation Prior to Reevaluation.--Nothing in this
section prohibits the
[[Page H6948]]
Secretary from implementing an interim risk reduction measure
for which a reevaluation is required under subsection (a)
prior to the completion of the reevaluation under subsection
(a).
SEC. 150. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional
general permit for maintenance dredging that expires prior to
May 1, 2021, and shall use best efforts to ensure such
reissuance prior to expiration of such a regional general
permit for maintenance dredging.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal
law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.
(a) Definitions.--In this section:
(1) Bypass.--The term ``bypass'' means an alternate water
route adjacent to a lock and dam on a Federal inland waterway
system that can be used for commercial navigation during high
water conditions.
(2) Emergency condition.--The term ``emergency condition''
means--
(A) unsafe conditions on a Federal inland waterway system
that prevent the operation of commercial vessels, resulting
from a major change in water level or flows;
(B) an obstruction in a Federal inland waterway system,
including silt, sediment, rock formation, or a shallow
channel;
(C) an impaired or inoperable Federal lock and dam; or
(D) any other condition determined appropriate by the
Secretary.
(b) Emergency Determination.--The Secretary, in
consultation with the District Commanders responsible for
maintaining any Federal inland waterway system, the users of
the waterway system, and the Coast Guard, may make a
determination that an emergency condition exists on the
waterway system.
(c) Emergency Mitigation Project.--
(1) In general.--Subject to paragraph (2) and the
availability of appropriations, and in accordance with all
applicable Federal requirements, the Secretary may carry out
an emergency mitigation project on a Federal inland waterway
system with respect to which the Secretary has determined
that an emergency condition exists under subsection (b), or
on a bypass of such system, to remedy that emergency
condition.
(2) Deadline.--An emergency mitigation project under
paragraph (1) shall--
(A) be initiated by not later than 60 days after the date
on which the Secretary makes the applicable determination
under subsection (b); and
(B) to the maximum extent practicable, be completed by not
later than 1 year after the date on which the Secretary makes
such determination.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2022 through 2024, to
remain available until expended.
SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.
(a) In General.--In the case of a flood risk management
project that incidentally generates seismic safety benefits
in regions of moderate or high seismic hazard, for the
purpose of a benefit-cost analysis for the project, the
Secretary shall not include in that analysis any additional
design and construction costs resulting from addressing
seismic concerns.
(b) Savings Provision.--Except with respect to the benefit-
cost analysis, the additional costs referred to in subsection
(a) shall be--
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable
to the project.
SEC. 153. LEASE DEVIATIONS.
(a) Definition of Covered Lease Deviation.--In this
section, the term ``covered lease deviation'' means a change
in terms from the existing lease that requires approval from
the Secretary for a lease--
(1) of Federal land within the State of Oklahoma that is
associated with a water resources development project,
under--
(A) section 2667 of title 10, United States Code; or
(B) section 4 of the Act of December 22, 1944 (16 U.S.C.
460d); and
(2) with respect to which the lessee is in good standing.
(b) Deadline.--In the case of a request for a covered lease
deviation--
(1) the Division Commander of the Southwestern Division
shall--
(A) notify the Secretary of the request via electronic
means by not later than 24 hours after receiving the request;
and
(B) by not later than 10 business days after the date on
which the Division Commander notifies the Secretary under
subparagraph (A)--
(i) make a determination approving, denying, or requesting
a modification to the request; and
(ii) provide to the Secretary the determination under
clause (i); and
(2) if the Division Commander does not make a determination
under paragraph (1)(B), the Secretary shall make a
determination approving, denying, or requesting a
modification to the request by not later than 10 business
days after the date on which the deadline described in
paragraph (1)(B) expires.
(c) Notification.--If the Secretary does not make a
determination under subsection (b)(2) by the deadline
described in that subsection, the Secretary shall submit a
notification of the failure to make a determination with
respect to the covered lease deviation, including the reason
for the failure and a description of any outstanding issues,
to--
(1) the entity seeking the covered lease deviation;
(2) the members of the Oklahoma congressional delegation;
(3) the Committee on Environment and Public Works of the
Senate; and
(4) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT
DEVELOPMENT.
It is the sense of Congress that--
(1) the Arctic, as defined in section 112 of the Arctic
Research and Policy Act of 1984 (Public Law 98-373), is a
region of strategic importance to the national security and
maritime transportation interests of the United States;
(2) there is a compelling national, regional, Alaska
Native, and private sector need for permanent maritime
transportation infrastructure development and for a presence
in the Arctic by the United States to assert national
security interests and to support and facilitate search and
rescue, shipping safety, economic development, oil spill
prevention and response, subsistence and commercial fishing,
the establishment of ports of refuge, Arctic research, and
maritime law enforcement;
(3) the Government of the Russian Federation has
prioritized the development of Arctic maritime transportation
capabilities and has made significant investments in military
infrastructure in the Arctic, including the construction or
refurbishment of 16 deepwater ports in the region;
(4) is a serious concern that the closest United States
strategic seaports to the Arctic are the Port of Anchorage
and the Port of Tacoma, located approximately 1,500 nautical
miles and 2,400 nautical miles away from the Arctic,
respectively, and approximately 1,900 nautical miles and
2,800 nautical miles, respectively, from Utiagvik, Alaska;
and
(5) it is in the national interest to enhance existing, and
develop, maritime transportation infrastructure in the
Arctic, including an Arctic deep draft strategic seaport in
Alaska, that would allow the Coast Guard and the Navy each to
perform their respective statutory duties and functions on a
permanent basis with minimal mission interruption.
SEC. 155. SMALL WATER STORAGE PROJECTS.
(a) In General.--The Secretary shall carry out a program to
study and construct new, or enlarge existing, small water
storage projects, in partnership with a non-Federal interest.
(b) Requirements.--To be eligible to participate in the
program under this section, a small water storage project
shall--
(1) in the case of a new small water storage project, have
a water storage capacity of not less than 2,000 acre-feet and
not more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small
water storage project, be for an enlargement of not less than
1,000 acre-feet and not more than 30,000 acre-feet;
(3) provide--
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water supply;
and
(4) be--
(A) economically justified, environmentally acceptable, and
technically feasible; or
(B) in the case of a project providing ecological benefits,
cost-effective with respect to such benefits.
(c) Scope.--In carrying out the program under this section,
the Secretary shall give preference to a small water storage
project located in a State with a population of less than
1,000,000.
(d) Expedited Projects.--For the 10-year period beginning
on the date of enactment of this Act, the Secretary shall
expedite small water storage projects under this section for
which applicable Federal permitting requirements have been
completed.
(e) Use of Data.--In conducting a study under this section,
to the maximum extent practicable, the Secretary shall--
(1) as the Secretary determines appropriate, consider and
utilize any applicable hydrologic, economic, or environmental
data that is prepared for a small water storage project under
State law as the documentation, or part of the documentation,
required to complete State water plans or other State
planning documents relating to water resources management;
and
(2) consider information developed by the non-Federal
interest in relation to another study, to the extent the
Secretary determines such information is applicable,
appropriate, or otherwise authorized by law.
(f) Cost Share.--
(1) Study.--The Federal share of the cost of a study
conducted under this section shall be--
(A) 100 percent for costs not to exceed $100,000; and
[[Page H6949]]
(B) 50 percent for any costs above $100,000.
(2) Construction.--A small water storage project carried
out under this section shall be subject to the cost-sharing
requirements applicable to projects under section 103 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213),
including--
(A) municipal and industrial water supply: 100 percent non-
Federal;
(B) agricultural water supply: 35 percent non-Federal; and
(C) recreation, including recreational navigation: 50
percent of separable costs and, in the case of any harbor or
inland harbor or channel project, 50 percent of joint and
separable costs allocated to recreational navigation.
(g) OMRRR Responsibility.--The costs of operation,
maintenance, repair, and replacement and rehabilitation for a
small water storage project constructed under this section
shall be the responsibility of the non-Federal interest.
(h) Individual Project Limit.--Not more than $65,000,000 in
Federal funds may be made available to a small water storage
project under this section.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $130,000,000
annually through fiscal year 2030.
SEC. 156. PLANNING ASSISTANCE TO STATES.
In carrying out section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary
shall provide equal priority for all mission areas of the
Corps of Engineers, including water supply and water
conservation.
SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.
Section 1222 of the Water Resources Development Act of 2018
(128 Stat. 3811) is amended by adding at the end the
following:
``(c) Additional Utilization of Forecast-Informed Reservoir
Operations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on any additional
opportunities identified for utilizing forecast-informed
reservoir operations across the United States, including an
assessment of the viability of forecast-informed reservoir
operations in the Upper Missouri River Basin and the North
Platte River Basin.
``(2) Forecast-informed reservoir operations.--
``(A) Authorization.--If the Secretary determines, and
includes in the report submitted under paragraph (1), that
forecast-informed reservoir operations are viable at a
reservoir in the Upper Missouri River Basin or the North
Platte River Basin, including a reservoir for which the
Secretary has flood control responsibilities under section 7
of the Act of December 22, 1944 (33 U.S.C. 709), the
Secretary is authorized to carry out forecast-informed
reservoir operations at such reservoir.
``(B) Requirement.--Subject to the availability of
appropriations, if the Secretary determines, and includes in
the report submitted under paragraph (1), that forecast-
informed reservoir operations are viable in the Upper
Missouri River Basin or the North Platte River Basin, the
Secretary shall carry out forecast-informed reservoir
operations at not fewer than one reservoir in such basin.''.
SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.
(a) Study on Data for Water Allocation, Supply, and
Demand.--
(1) In general.--The Secretary shall offer to enter into an
agreement with the National Academy of Sciences to conduct a
study on the ability of Federal agencies to coordinate with
other Federal agencies, State and local agencies, Indian
Tribes, communities, universities, consortiums, councils, and
other relevant entities with expertise in water resources to
facilitate and coordinate the sharing among such entities of
water allocation, supply, and demand data, including--
(A) any catalogs of such data;
(B) definitions of any commonly used terms relating to
water allocation, supply, and demand; and
(C) a description of any common standards used by those
entities.
(2) Report.--If the National Academy of Sciences enters
into an agreement under paragraph (1), to the maximum extent
practicable, not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall
submit to Congress a report that includes--
(A) the results of the study under paragraph (1);
(B) recommendations for ways to streamline and make cost-
effective methods for Federal agencies to coordinate
interstate sharing of data, including recommendations for the
development of a publicly accessible, internet-based platform
that can allow entities described in paragraph (1) to
communicate and coordinate ongoing data collection efforts
relating to water allocation, supply, and demand, and share
best practices relating to those efforts; and
(C) a recommendation as to an appropriate Federal entity
that should--
(i) serve as the lead coordinator for the sharing of data
relating to water allocation, supply, and demand; and
(ii) host and manage the internet-based platform described
in subparagraph (B).
(b) Data Transparency.--The Secretary shall prioritize
making publicly available water resources data in the custody
of the Corps of Engineers, as authorized by section 2017 of
the Water Resources Development Act of 2007 (33 U.S.C. 2342).
(c) Funding.--From amounts otherwise appropriated or made
available to the Secretary, the Secretary may make available
to the National Academy of Sciences not more than $3,900,000,
to be used for the review of information provided by the
Corps of Engineers for purposes of a study under subsection
(a). The Secretary may accept funds from another Federal
agency and make such funds available to the National Academy
of Sciences, to be used for the review of information
provided by such agency for purposes of a study under
subsection (a).
SEC. 159. INLAND WATERWAYS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Authorized project.--The term ``authorized project''
means a federally authorized water resources development
project for navigation on the inland waterways.
(2) Modernization activities.--The term ``modernization
activities'' means construction or major rehabilitation
activities for any authorized project.
(3) Non-federal interest.--The term ``non-Federal
interest'' means any public body described in section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
(b) Authorization of Pilot Program.--The Secretary is
authorized to carry out a pilot program for modernization
activities on the inland waterways system.
(c) Implementation.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary may--
(A) accept and expend funds provided by a non-Federal
interest to carry out, for an authorized project (or a
separable element of an authorized project), modernization
activities for such project; or
(B) coordinate with the non-Federal interest in order to
allow the non-Federal interest to carry out, for an
authorized project (or a separable element of an authorized
project), such modernization activities.
(2) Number.--The Secretary shall select not more than 2
authorized projects to participate in the pilot program under
paragraph (1).
(3) Conditions.--Before carrying out modernization
activities pursuant to paragraph (1)(B), a non-Federal
interest shall--
(A) obtain any permit or approval required in connection
with such activities under Federal or State law that would be
required if the Secretary were to carry out such activities;
and
(B) ensure that a final environmental impact statement or
environmental assessment, as appropriate, for such activities
has been filed pursuant to the National Environmental Policy
Act of 1969.
(4) Monitoring.--For any modernization activities carried
out by the non-Federal interest pursuant to this section, the
Secretary shall regularly monitor and audit such activities
to ensure that--
(A) the modernization activities are carried out in
accordance with this section; and
(B) the cost of the modernization activities is reasonable.
(5) Requirements.--The requirements of section 3142 of
title 40, United States Code shall apply to any modernization
activities undertaken under or pursuant to this section,
either by the Secretary or the non-Federal interest.
(d) Agreements.--
(1) Activities carried out by non-federal interest.--
(A) In general.--
(i) Written agreement.--Before a non-Federal interest
initiates modernization activities for an authorized project
pursuant to this subsection (c)(1)(B), the non-Federal
interest shall enter into a written agreement with the
Secretary, under section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b), that requires the modernization
activities to be carried out in accordance with--
(I) a plan approved by the Secretary; and
(II) any other terms and conditions specified by the
Secretary in the agreement.
(ii) Requirements.--A written agreement under clause (i)
shall provide that the non-Federal interest shall comply with
the same legal and technical requirements that would apply if
the modernization activities were carried out by the
Secretary, including all mitigation required to offset
environmental impacts of the activities, as determined by the
Secretary.
(B) Alignment with ongoing activities.--A written agreement
under subparagraph (A) shall include provisions that, to the
maximum extent practicable, align modernization activities
under this section with ongoing operations and maintenance
activities for the applicable authorized project.
(C) Indemnification.--As part of a written agreement under
subparagraph (A), the non-Federal interest shall agree to
hold and save the United States free from liability for any
and all damage that arises from the modernization activities
carried out by the non-Federal interest pursuant to this
section.
(2) Activities carried out by secretary.--For modernization
activities to be carried out by the Secretary pursuant to
subsection (c)(1)(A), the non-Federal interest shall enter
into a written agreement with the Secretary, containing such
terms and conditions as the Secretary determines appropriate.
(e) Reimbursement.--
[[Page H6950]]
(1) Authorization.--Subject to the availability of
appropriations, the Secretary may reimburse a non-Federal
interest for the costs of modernization activities carried
out by the non-Federal interest pursuant to an agreement
entered into under subsection (d), or for funds provided to
the Secretary under subsection (c)(1)(A), if--
(A) the non-Federal interest complies with the agreement
entered into under subsection (d); and
(B) with respect to modernization activities carried out by
the non-Federal interest pursuant to the agreement, the
Secretary determines that the non-Federal interest complied
with all applicable Federal requirements in carrying out the
modernization activities.
(2) Limitation.--The Secretary may only reimburse a non-
Federal interest under paragraph (1) for costs of
construction that would otherwise be paid from amounts
appropriated from the general fund of the Treasury pursuant
to section 102 of the Water Resources Development Act of 1986
(33 U.S.C. 2212).
(f) Rule of Construction.--Nothing in this section--
(1) affects the responsibility of the Secretary for the
operations and maintenance of the inland waterway system, as
of the day before the date of enactment of this Act,
including the responsibility of the Secretary for the
operations and maintenance costs for any covered project
after the modernization activities are completed pursuant to
this section;
(2) prohibits or prevents the use of Federal funds for
operations and maintenance of the inland waterway system or
any authorized project within the inland waterway system; or
(3) prohibits or prevents the use of Federal funds for
construction or major rehabilitation activities within the
inland waterway system or for any authorized project within
the inland waterway system.
(g) Notification.--If a non-Federal interest notifies the
Secretary that the non-Federal interest intends to carry out
modernization activities for an authorized project, or
separable element thereof, pursuant to this section, the
Secretary shall provide written notice to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal
interest.
(h) Sunset.--
(1) In general.--The authority of the Secretary to enter
into an agreement under this section shall terminate on the
date that is 5 years after the date of enactment of this Act.
(2) Reimbursement eligibility.--The termination of
authority under paragraph (1) shall not extinguish the
eligibility of a non-Federal interest to seek reimbursement
under subsection (e).
SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidance
defining the term ``economically disadvantaged community''
for the purposes of this Act and the amendments made by this
Act.
(b) Considerations.--In defining the term ``economically
disadvantaged community'' under subsection (a), the Secretary
shall, to the maximum extent practicable, utilize the
criteria under paragraph (1) or (2) of section 301(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3161), to the extent that such criteria are applicable in
relation to the development of water resources development
projects.
(c) Public Comment.--In developing the guidance under
subsection (a), the Secretary shall provide notice and an
opportunity for public comment.
SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
(a) In General.--Section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or, upon the written
approval of the Secretary that the modifications are
consistent with the authorized purposes of the project,
undertake a feasibility study on modifications to a water
resources development project constructed by the Corps of
Engineers,'' after ``water resources development project'';
and
(B) in paragraph (2), by striking ``for feasibility
studies'' and all that follows through the period at the end
and inserting ``for the formulation of feasibility studies of
water resources development projects undertaken by non-
Federal interests to--
``(A) ensure that any feasibility study with respect to
which the Secretary submits an assessment to Congress under
subsection (c) complies with all of the requirements that
would apply to a feasibility study undertaken by the
Secretary; and
``(B) provide sufficient information for the formulation of
the studies, including processes and procedures related to
reviews and assistance under subsection (e).'';
(2) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Timing.--The Secretary may not submit to Congress an
assessment of a feasibility study under this section until
such time as the Secretary--
``(A) determines that the feasibility study complies with
all of the requirements that would apply to a feasibility
study undertaken by the Secretary; and
``(B) completes all of the Federal analyses, reviews, and
compliance processes under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), that would be required
with respect to the proposed project if the Secretary had
undertaken the feasibility study.
``(3) Initiation of review.--
``(A) Request.--
``(i) Submission.--The non-Federal interest may submit to
the Secretary a request that the Secretary initiate the
analyses, reviews, and compliance processes described in
paragraph (2)(B) with respect to the proposed project prior
to the non-Federal interest's submission of a feasibility
study under subsection (a)(1).
``(ii) Effect.--Receipt by the Secretary of a request
submitted under clause (i) shall be considered the receipt of
a proposal or application that will lead to a major Federal
action that is subject to the requirements of section
102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)) that would be required if the
Secretary were to undertake the feasibility study.
``(B) Deadline.--Not later than 10 days after the Secretary
receives a request under this paragraph, the Secretary shall
begin the required analyses, reviews, and compliance
processes.
``(4) Notification.--Upon receipt of a request under
paragraph (3), the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the request and a timeline for
completion of the required analyses, reviews, and compliance
processes.
``(5) Status updates.--Not later than 30 days after
receiving a request under paragraph (3), and every 30 days
thereafter until the Secretary submits an assessment under
subsection (c) for the applicable feasibility study, the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Environment and Public Works of the Senate, and the non-
Federal interest of the status of the Secretary's required
analyses, reviews, and compliance processes.''; and
(3) in subsection (c)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``after the date of receipt of a
feasibility study of a project under subsection (a)(1)'' and
insert ``after the completion of review of a feasibility
study under subsection (b)''; and
(B) by striking ``a report'' and inserting ``an
assessment''.
(b) Deadline.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue revised
guidelines under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) to implement the
amendments made by this section.
(c) Hold Harmless.--
(1) One-year window.--The amendments made by this section
shall not apply to any feasibility study submitted to the
Secretary under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) during the one-year
period prior to the date of enactment of this section.
(2) 2020 projects.--The amendments made by this section
shall not apply to any project authorized by section 403 of
this Act.
SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED
WATER SUPPLY.
Section 1118(i) of the Water Resources Development Act of
2016 (43 U.S.C. 390b-2(i)) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(1) Contributed funds for corps projects.--The Secretary
may''; and
(2) by adding at the end the following:
``(2) Contributed funds for other federal reservoir
projects.--The Secretary is authorized to receive and expend
funds from a non-Federal interest to formulate, review, or
revise operational documents, pursuant to a proposal
submitted in accordance subsection (a), for any reservoir for
which the Secretary is authorized to prescribe regulations
for the use of storage allocated for flood control or
navigation pursuant to section 7 of the Act of December 22,
1944 (33 U.S.C. 709).''.
SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED,
MANMADE, FLAMMABLE MATERIALS ON CORPS PROPERTY.
It is the sense of Congress that the Secretary should,
using existing authorities, prioritize the removal, from
facilities and lands of the Corps of Engineers in regions
that are urban and arid, of materials that are manmade,
flammable, unauthorized to be present, and determined by the
Secretary to pose a fire risk that is a threat to public
safety.
SEC. 164. ENHANCED DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall review the master plan
and shoreline management plan for any lake described in
section 3134 of the Water Resources Development Act of 2007
(121 Stat. 1142; 130 Stat. 1671) for the purpose of
identifying structures or other improvements that are owned
by the Secretary and are suitable for enhanced development,
if--
[[Page H6951]]
(1) the master plan and shoreline management plan of the
lake have been updated since January 1, 2013; and
(2) the applicable district office of the Corps of
Engineers has received a written request for such a review
from any entity.
(b) Definition of Enhanced Development.--In this section,
the term ``enhanced development'' means the use, for non-
water-dependent commercial or hospitality industry purposes
or for residential or recreational purposes, of an existing
structure or other improvement.
(c) Divestment Authority.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall--
(1) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
identifies--
(A) any structure or other improvement owned by the
Secretary that--
(i) has been identified as suitable for enhanced
development pursuant to subsection (a);
(ii) the Secretary determines the divestment of which would
not adversely affect the Corps of Engineers operation of the
lake at which the structure or other improvement is located;
and
(iii) a non-Federal interest has offered to purchase from
the Secretary; and
(B) the fair market value of any structure or other
improvement identified under subparagraph (A); and
(2) develop a plan to divest any structure or other
improvement identified under paragraph (1)(A), at fair market
value, to the applicable non-Federal interest.
SEC. 165. CONTINUING AUTHORITY PROGRAMS.
(a) Pilot Program for Continuing Authority Projects in
Small or Disadvantaged Communities.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement a pilot
program, in accordance with this subsection, for carrying out
a project under a continuing authority program for an
economically disadvantaged community.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) publish a notice in the Federal Register that requests
non-Federal interest proposals for a project under a
continuing authority program for an economically
disadvantaged community; and
(B) review such proposals and select a total of 10
projects, taking into consideration geographic diversity
among the selected projects.
(3) Cost share.--Notwithstanding the cost share authorized
for the applicable continuing authority program, the Federal
share of the cost of a project selected under paragraph (2)
shall be 100 percent.
(4) Sunset.--The authority to commence pursuant to this
subsection a project selected under paragraph (2) shall
terminate on the date that is 10 years after the date of
enactment of this Act.
(5) Continuing authority program defined.--In this
subsection, the term ``continuing authority program'' has the
meaning given that term in section 7001(c)(1)(D) of Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(b) Authorizations of Appropriations.--
(1) Emergency streambank and shoreline protection.--
Notwithstanding section 14 of the Flood Control Act of 1946
(33 U.S.C. 701r), there is authorized to be appropriated to
carry out such section $25,500,000 for each of fiscal years
2021 through 2024.
(2) Storm and hurricane restoration and impact minimization
program.--Notwithstanding section 3(c) of the Act of August
13, 1946 (33 U.S.C. 426g(c)), there is authorized to be
appropriated to carry out such section $38,000,000 for each
of fiscal years 2021 through 2024.
(3) Small river and harbor improvement projects.--
Notwithstanding section 107(a) of the River and Harbor Act of
1960 (33 U.S.C. 577(a)), there is authorized to be
appropriated to carry out such section $63,000,000 for each
of fiscal years 2021 through 2024.
(4) Regional sediment management.--Notwithstanding section
204(g) of the Water Resources Development Act of 1992 (33
U.S.C. 2326(g)), there is authorized to be appropriated to
carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(5) Small flood control projects.--Notwithstanding section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there
is authorized to be appropriated to carry out such section
$69,250,000 for each of fiscal years 2021 through 2024.
(6) Aquatic ecosystem restoration.--Notwithstanding section
206(f) of the Water Resources Development Act of 1996 (33
U.S.C. 2330(f)), there is authorized to be appropriated to
carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(7) Removal of obstructions; clearing channels.--
Notwithstanding section 2 of the Act of August 28, 1937 (33
U.S.C. 701g), there is authorized to be appropriated to carry
out such section $8,000,000 for each of fiscal years 2021
through 2024.
(8) Project modifications for improvement of environment.--
Notwithstanding section 1135(h) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(h)), there is
authorized to be appropriated to carry out such section
$50,500,000 for each of fiscal years 2021 through 2024.
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the following projects for water
resources development and conservation and other purposes, as
identified in the reports titled ``Report to Congress on
Future Water Resources Development'' submitted to Congress
pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress:
(1) Sulphur river, arkansas and texas.--Project for
ecosystem restoration, Sulphur River, Arkansas and Texas.
(2) Cable creek, california.--Project for flood risk
management, water supply, and related benefits, Cable Creek,
California.
(3) Oroville dam, california.--Project for dam safety
improvements, Oroville Dam, California.
(4) Rio hondo channel, california.--Project for ecosystem
restoration, Rio Hondo Channel, San Gabriel River,
California.
(5) Shingle creek and kissimmee river, florida.--Project
for ecosystem restoration and water storage, Shingle Creek
and Kissimmee River, Osceola County, Florida.
(6) St. john's river and lake jesup, florida.--Project for
ecosystem restoration, St. John's River and Lake Jesup,
Florida.
(7) Chicago area waterways system, illinois.--Project for
ecosystem restoration, recreation, and other purposes,
Illinois River, Chicago River, Calumet River, Grand Calumet
River, Little Calumet River, and other waterways in the
vicinity of Chicago, Illinois.
(8) Fox river, illinois.--Project for flood risk
management, Fox River, Illinois.
(9) Lower missouri river, kansas.--Project for bank
stabilization and navigation, Lower Missouri River, Sioux
City, Kansas.
(10) Tangipahoa parish, louisiana.--Project for flood risk
management, Tangipahoa Parish, Louisiana.
(11) Newbury and newburyport, massachusetts.--Project for
coastal storm risk management, Newbury and Newburyport,
Massachusetts.
(12) Escatawpa river basin, mississippi.--Project for flood
risk management and ecosystem restoration, Escatawpa River,
Jackson County, Mississippi.
(13) Long beach, bay st. louis and mississippi sound,
mississippi.--Project for hurricane and storm damage risk
reduction and flood risk management, Long Beach, Bay St.
Louis and Mississippi Sound, Mississippi.
(14) Tallahoma and tallahala creeks, mississippi.--Project
for flood risk management, Leaf River, Jones County,
Mississippi.
(15) Lower missouri river, missouri.--Project for
navigation, Lower Missouri River, Missouri.
(16) Lower osage river basin, missouri.--Project for
ecosystem restoration, Lower Osage River Basin, Missouri.
(17) Wyatt, missouri.--Project for flood risk management,
P. Fields Pump Station, Wyatt, Missouri.
(18) Upper basin and stony brook (green brook sub-basin),
raritan river basin, new jersey.--Reevaluation of the Upper
Basin and Stony Brook portions of the project for flood
control, Green Brook Sub-basin, Raritan River Basin, New
Jersey, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4119), including the
evaluation of nonstructural measures to achieve the project
purpose.
(19) Wading river creek, new york.--Project for hurricane
and storm damage risk reduction, flood risk management,
navigation, and ecosystem restoration, Wading River Creek,
New York.
(20) Lower columbia river basin (turning basin), oregon and
washington.--Project to improve and add turning basins for
the project for navigation, Columbia River Channel, Oregon
and Washington, authorized by section 101(b)(13) of the Water
Resources Development Act of 1999 (113 Stat. 280).
(21) Williamsport, pennsylvania.--Project for flood risk
management and levee rehabilitation, greater Williamsport,
Pennsylvania.
(22) City of charleston, south carolina.--Project for
tidal- and inland-related flood risk management, Charleston,
South Carolina.
(23) Chocolate bayou, texas.--Project for flood risk
management, Chocolate Bayou, Texas.
(24) Houston-galveston, texas.--Project for navigation,
Houston-Galveston, Texas.
(25) Port arthur and orange county, texas.--Project for
flood risk management, Port Arthur and Orange County, Texas,
including construction of improvements to interior drainage.
(26) Port of victoria, texas.--Project for flood risk
management, Port of Victoria, Texas.
(27) Virginia beach and vicinity, virginia and north
carolina.--Project for coastal storm risk management,
Virginia Beach and vicinity, Virginia and North Carolina.
(b) Special Rule.--The Secretary shall consider any study
carried out by the Secretary to formulate the project for
flood risk management, Port Arthur and Orange County, Texas,
identified in subsection (a)(25) to be a continuation of the
study carried out for Sabine Pass to Galveston Bay, Texas,
authorized by a resolution of the Committee on Environment
and Public Works of the Senate, approved June 23, 2004, and
funded by title IV of division B of the Bipartisan Budget Act
of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--
DEPARTMENT OF
[[Page H6952]]
THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).
SEC. 202. EXPEDITED COMPLETIONS.
(a) Feasibility Reports.--The Secretary shall expedite the
completion of a feasibility study for each of the following
projects, and if the Secretary determines that the project is
justified in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) Project for navigation, Florence, Alabama.
(2) Project to modify the project for navigation,
Tennessee-Tombigbee Waterway, Alabama, Kentucky, Mississippi,
and Tennessee.
(3) Project for shoreline stabilization, Aunu`u Harbor,
American Samoa.
(4) Project for shoreline stabilization, Tutuila Island,
American Samoa.
(5) Project for flood risk management, Lower Santa Cruz
River, Arizona.
(6) Project for flood risk management, Rio de Flag,
Arizona.
(7) Project for flood risk management, Tonto Creek, Gila
River, Arizona.
(8) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(9) Project for shoreline stabilization, Del Mar Bluffs,
San Diego County, California, carried out pursuant to the
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on
April 22, 1999 (docket number 2598).
(10) Project for flood damage reduction and ecosystem
restoration, Del Rosa Channel, city of San Bernardino,
California.
(11) Project for flood risk management, Lower Cache Creek,
California.
(12) Project for flood damage reduction and ecosystem
restoration, Mission-Zanja Channel, cities of San Bernardino
and Redlands, California.
(13) Project for flood risk management, Napa, California.
(14) Project for shoreline protection, Oceanside,
California, authorized pursuant to section 414 of the Water
Resources Development Act of 2000 (114 Stat. 2636; 121 Stat.
1176).
(15) Project for ecosystem restoration and water
conservation, Prado Basin, Orange, Riverside, and San
Bernardino counties, California.
(16) Project for water conservation and water supply,
Redbank and Fancher Creeks, California.
(17) Project for coastal storm damage reduction, San Diego
County shoreline, California.
(18) Project to modify the project for navigation, San
Francisco Bay to Stockton, California.
(19) Project for flood risk management, San Francisquito
Creek, California.
(20) Project to modify the Seven Oaks Dam, California,
portion of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4113; 101
Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat.
1115), to include water conservation as an authorized
purpose.
(21) Project for coastal storm damage reduction, Southern
California.
(22) Project for water storage, Halligan Dam, Colorado.
(23) Project for flood risk management, East Hartford Levee
System, Connecticut.
(24) Project for flood risk management, Fairfield and New
Haven Counties, Connecticut.
(25) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
(26) Project for flood risk management, Hartford Levee
System, Connecticut.
(27) Project for ecosystem restoration, Central and
Southern Florida Project Canal 111 (C-111), South Dade
County, Florida.
(28) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(29) Project for ecosystem restoration, Western Everglades,
Florida.
(30) Project for flood risk management, Hanapepe River,
Kauai, Hawaii.
(31) Project for flood risk management, Wailupe Stream,
Oahu, Hawaii.
(32) Project for flood risk management, Waimea River,
Kauai, Hawaii, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(33) Project for comprehensive hurricane and storm damage
risk reduction and shoreline erosion protection, Chicago,
Illinois, authorized by section 101(a)(12) of the Water
Resources Development Act of 1996 (110 Stat. 3664; 113 Stat.
302).
(34) Project for flood risk management, Wheaton, DuPage
County, Illinois.
(35) Project for flood damage reduction, ecosystem
restoration, and recreation, Blue River Basin, Kansas City,
Kansas, carried out pursuant to the resolution of the
Committee on Transportation and Infrastructure of the House
of Representatives adopted on September 24, 2008 (docket
number 2803).
(36) Project for flood control, Amite River and Tributaries
east of the Mississippi River, Louisiana.
(37) Project for coastal storm risk management, Upper
Barataria Basin, Louisiana.
(38) Project for navigation, Kent Narrows and Chester
River, Queen Anne's County, Maryland.
(39) Project to replace the Bourne and Sagamore Bridges,
Cape Cod, Massachusetts.
(40) Project for flood risk management, ecosystem
restoration, and recreation, Lower St. Croix River,
Minnesota, carried out pursuant to the resolution of the
Committee on Transportation and Infrastructure of the House
of Representatives adopted on September 25, 2002 (docket
number 2705).
(41) Project to deepen the project for navigation, Gulfport
Harbor, Mississippi, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4094).
(42) Project for navigation, Shark River, New Jersey.
(43) Project for navigation, Goldsmith Inlet, New York.
(44) Project for navigation, Lake Montauk Harbor, New York.
(45) Project for rehabilitation of Lock E-32, Erie Canal,
Pittsford, New York.
(46) Project for navigation and shoreline stabilization,
Reel Point Preserve, New York, carried out pursuant to the
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
2, 2007 (docket number 2775).
(47) Project for flood risk management, Rondout Creek-
Wallkill River Watershed, New York, carried out pursuant to
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
2, 2007 (docket number 2776).
(48) Project for ecosystem restoration and hurricane and
storm damage risk reduction, Spring Creek South (Howard
Beach), Queens, New York.
(49) Project for ecosystem restoration, Hood River at the
confluence with the Columbia River, Oregon.
(50) Project to resolve increased silting and shoaling
adjacent to the Federal channel, Port of Bandon, Coquille
River, Oregon.
(51) Project for flood control, 42nd Street Levee,
Springfield, Oregon, being carried out under section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s).
(52) Project for construction of Tribal housing authorized
by title IV of Public Law 100-581 (102 Stat. 2944), Oregon
and Washington.
(53) Project for flood risk management, Dorchester County,
South Carolina.
(54) Project for navigation, Georgetown Harbor, South
Carolina.
(55) Project for hurricane and storm damage risk reduction,
Myrtle Beach, South Carolina.
(56) Project to modify the projects for navigation and
other purposes, Old Hickory Lock and Dam and the Cordell Hull
Dam and Reservoir, Cumberland River, Tennessee, authorized by
the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to add
flood risk management as an authorized purpose.
(57) Project for flood risk management, Buffalo Bayou,
Texas.
(58) Project for flood risk management, ecosystem
restoration, water supply, and related purposes, Lower Rio
Grande River, Cameron County, Texas, carried out pursuant to
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May
21, 2003 (docket number 2710).
(59) Project for hurricane and storm damage risk reduction
and shoreline erosion protection, Bolongo Bay, St. Thomas,
United States Virgin Islands.
(60) Project for water supply and ecosystem restoration,
Howard Hanson Dam, Washington.
(61) Project for ecosystem restoration, Puget Sound,
Washington.
(62) Project for navigation, Seattle Harbor, Washington.
(63) Project for navigation, Tacoma Harbor, Washington.
(64) Project for dam safety remediation, Bluestone Dam,
West Virginia.
(65) Project to modify the project for navigation,
Milwaukee Harbor, Wisconsin.
(b) Post-authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for
the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona.
(2) Project for flood risk management, Des Moines Levee
System, including Birdland Park Levee, Des Moines and Raccoon
Rivers, Des Moines, Iowa.
(c) Watershed and River Basin Assessments.--The Secretary
shall expedite the completion of an assessment under section
729 of the Water Resources Development Act of 1986 (33 U.S.C.
2267a) for the following:
(1) Kansas River Basin, Kansas.
(2) Merrimack River Basin, Massachusetts.
(3) Pascagoula River Basin, Mississippi.
(4) Tuscarawas River Basin, Ohio.
(5) Lower Fox River Basin, Wisconsin.
(6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
(d) Disposition Studies.--The Secretary shall expedite the
completion of a disposition study, carried out under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a), for
the project for Salinas Reservoir (Santa Margarita Lake),
California.
(e) Reallocation Studies.--The Secretary shall expedite the
completion of a study for the reallocation of water supply
storage, carried out in accordance with section 301 of the
Water Supply Act of 1958 (43 U.S.C. 390b), for the following:
(1) Aquilla Lake, Texas.
(2) Lake Whitney, Texas.
(f) Economic Reevaluation Report.--The Secretary shall
expedite the completion of the economic reevaluation report
for the navigation and sustainability program carried out
pursuant to title VIII of the Water Resources Development Act
of 2007 (33 U.S.C. 652 note).
[[Page H6953]]
SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY
STUDIES.
(a) In General.--The Secretary shall expedite the
completion of the following feasibility studies, as modified
by this section, and if the Secretary determines that a
project that is the subject of the feasibility study is
justified in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) San francisco bay, california.--The study for flood
risk reduction authorized by section 142 of the Water
Resources Development Act of 1976 (90 Stat. 2930), is
modified to authorize the Secretary to--
(A) investigate the ocean shoreline of San Mateo, San
Francisco, and Marin Counties for the purposes of providing
flood protection against tidal and fluvial flooding;
(B) with respect to the bay and ocean shorelines of San
Mateo, San Francisco, and Marin Counties, investigate
measures to adapt to rising sea levels; and
(C) with respect to the bay and ocean shorelines, and
streams running to the bay and ocean shorelines, of San
Mateo, San Francisco, and Marin Counties, investigate the
effects of proposed flood protection and other measures or
improvements on--
(i) the local economy;
(ii) habitat restoration, enhancement, or expansion efforts
or opportunities;
(iii) public infrastructure protection and improvement;
(iv) stormwater runoff capacity and control measures,
including those that may mitigate flooding;
(v) erosion of beaches and coasts; and
(vi) any other measures or improvements relevant to
adapting to rising sea levels.
(2) Sacramento river, southern sutter county, california.--
The study for flood control and allied purposes for the
Sacramento River Basin, authorized by section 209 of the
Flood Control Act of 1962 (76 Stat. 1197), is modified to
authorize the Secretary to conduct a study for flood risk
management, southern Sutter County between the Sacramento
River and Sutter Bypass, California.
(3) Salton sea, california.--In carrying out the program to
implement projects to restore the Salton Sea, California,
authorized by section 3032 of the Water Resources Development
Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary
is authorized to carry out a study for the construction of a
perimeter lake, or a northern or southern subset thereof, for
the Salton Sea, California.
(4) New york and new jersey harbor and tributaries, new
york and new jersey.--The study for flood and storm damage
reduction for the New York and New Jersey Harbor and
Tributaries project, authorized by the Act of June 15, 1955
(chapter 140, 69 Stat. 132), and being carried out pursuant
to the Disaster Relief Appropriations Act, 2013 (Public Law
113-2), is modified to require the Secretary to--
(A) evaluate and address the impacts of low-frequency
precipitation and sea-level rise on the study area;
(B) consult with affected communities; and
(C) ensure the study is carried out in accordance with
section 1001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282c).
(b) Considerations.--Where appropriate, the Secretary may
use the authority provided by section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a) to carry out this
section.
SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY
ANALYSIS.
(a) Assistance to Non-Federal Sponsors.--
(1) In general.--Subject to the availability of
appropriations, during the period during which a non-Federal
interest may submit a proposal to be considered for inclusion
in an annual report pursuant to section 7001(b) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(b)), the Secretary is authorized to provide assistance
in accordance with section 1104(b) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282d note) to the non-
Federal interest of a project proposal described in paragraph
(2).
(2) Project proposals described.--A project proposal
referred to in paragraph (1) is a proposal for any of the
following:
(A) A feasibility study for a fish passage for ecosystem
restoration, Lower Alabama River, Alabama.
(B) A feasibility study for dredged material disposal
management activities, Port of Florence, Alabama.
(C) A feasibility study for a project for flood risk
management, Sikorsky Memorial Airport, Bridgeport,
Connecticut.
(D) A feasibility study for a project to design and
construct the Naugatuck River Greenway Trail, a multiuse
trail on Federal land between Torrington and Derby,
Connecticut.
(E) A feasibility study for a project for coastal and flood
risk management, Stratford, Connecticut.
(F) A feasibility study for projects for flood risk
management, Woodbridge, Connecticut.
(G) The project for flood risk management, Bloomington,
Indiana.
(H) The project for flood risk management, Gary, Indiana.
(I) Modification of the project for beach erosion and
hurricane protection, Grand Isle, Louisiana, to include
periodic beach nourishment.
(J) A feasibility study for a project for flood risk
management, Cataouatche Subbasin area of the west bank of
Jefferson Parish, Louisiana.
(K) A feasibility study for projects for flood risk
management and storm damage reduction in the Hoey's Basin
area of the east bank of Jefferson Parish, Louisiana,
including a study of the ``pump to the river'' concept.
(L) A feasibility study for a project for flood risk
management, Hoosic River, Massachusetts.
(M) Modification of the project for navigation, River
Rouge, Michigan.
(N) A project to extend dredging of the South Haven Harbor,
Michigan, to include the former turning basin.
(O) Modification of the project for flood risk management,
Upper Rouge River, Wayne County, Michigan.
(P) A project for aquatic and riparian ecosystem
restoration, Line Creek, Riverside, Missouri.
(Q) A feasibility study for projects for ecosystem
restoration, Bangert Island, St. Charles, Missouri, related
to channels and aquatic habitats.
(R) A study of the resiliency of the Allegheny Reservoir,
New York, in consultation with the Seneca Nation.
(S) A feasibility study for the rehabilitation of the
tainter gates and guard gate, Caughdenoy Dam, New York,
including an evaluation of the rehabilitation work necessary
to extend the service life of those structures, such as--
(i) improvements to the hydraulic efficiency of the gate
systems;
(ii) improvements to the concrete foundation and gate
support structures; and
(iii) any other improvements the Secretary determines to be
necessary.
(T) A project for repairs to the West Pier and West Barrier
Bar, Little Sodus Bay Harbor, Cayuga County, New York.
(U) A project for repair of a sheet pile wall and east
breakwater, Great Sodus Bay, New York.
(V) A feasibility study for the project for navigation,
Port of Oswego, New York.
(W) A feasibility study for potential projects for the
rehabilitation of the Glens Falls Feeder Canal, which begins
at the Feeder Dam intersection with the Hudson River in
Queensbury, New York, and runs to the confluence of the Old
Champlain Canal in Kingsbury, New York.
(X) A feasibility study to determine whether the purchase
of additional flood easements, changes in lake level
management, additional levee infrastructure, or
implementation of other flood risk management or containment
mechanisms in the Arkansas River Basin, Oklahoma, would
benefit local communities by reducing flood risks around
water resources development projects of the Corps of
Engineers in a range of different flood scenarios.
(Y) A feasibility study on increasing the frequency and
depth of dredging assistance from the Corps of Engineers at
the Port of Astoria, located at the mouth of the Columbia
River, Oregon.
(b) Feasibility Analysis.--
(1) In general.--Subject to the availability of
appropriations, the Secretary is authorized to review a
project proposal described in paragraph (2) and issue a
report to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on whether a
modification to the project that is the subject of the
proposal is necessary and recommended to carry out the
authorized purposes of such project.
(2) Project proposals described.--A project proposal
referred to in paragraph (1) is a proposal to modify any of
the following:
(A) The project for environmental infrastructure, City of
Sheffield, Alabama, authorized pursuant to section 219(f)(78)
of the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1258; 130 Stat. 1687).
(B) The project for environmental infrastructure, Calaveras
County, California, under section 219(f)(86) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
335; 121 Stat. 1259).
(C) The project for environmental infrastructure, Charlotte
County, Florida, authorized by section 219(f)(121) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1261).
(D) The Mississippi River and Tributaries project
authorized by the first section of the Act of May 15, 1928
(33 U.S.C. 702a), to include the portion of the Ouachita
River Levee System at and below Monroe, Louisiana, to
Caldwell Parish, Louisiana.
(E) The project for environmental infrastructure, Central
New Mexico, authorized by section 593 of the Water Resources
Development Act of 1999 (113 Stat. 380; 119 Stat. 2255).
(F) The project for environmental infrastructure, Village
of Whitehall, New York, authorized pursuant to section 542 of
the Water Resources Development Act of 2000 (114 Stat. 2671;
121 Stat. 1150).
(G) The project for environmental infrastructure, Ohio and
North Dakota, authorized by section 594 of the Water
Resources Development Act of 1999 (113 Stat. 383; 121 Stat.
1140; 121 Stat. 1944).
(H) The project for flood risk management and water supply,
Tenkiller Ferry Lake, Arkansas River Basin, Oklahoma,
authorized by section 4 of the Act of June 28, 1938 (chapter
795, 52 Stat. 1218), to modify water storage to provide for a
sufficient quantity of water supply storage space in the
inactive
[[Page H6954]]
pool storage to support the fishery downstream from Tenkiller
Reservoir.
(I) The project for environmental infrastructure, Athens,
Tennessee, authorized by section 219(f)(254) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
335; 121 Stat. 1267).
(J) The project for environmental infrastructure, Blaine,
Tennessee, authorized by section 219(f)(255) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
335; 121 Stat. 1267).
(K) The project for environmental infrastructure, Claiborne
County, Tennessee, authorized by section 219(f)(256) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1267).
(L) The project for environmental infrastructure, Giles
County, Tennessee, authorized by section 219(f)(257) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1267).
(M) The project for environmental infrastructure, Grainger
County, Tennessee, authorized by section 219(f)(258) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1267).
(N) The project for environmental infrastructure, Hamilton
County, Tennessee, authorized by section 219(f)(259) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1267).
(O) The project for environmental infrastructure,
Harrogate, Tennessee, authorized by section 219(f)(260) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(P) The project for environmental infrastructure, Johnson
County, Tennessee, authorized by section 219(f)(261) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1267).
(Q) The project for environmental infrastructure,
Knoxville, Tennessee, authorized by section 219(f)(262) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(R) The project for environmental infrastructure, Lewis,
Lawrence, and Wayne Counties, Tennessee, authorized by
section 219(f)(264) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
(S) The project for environmental infrastructure,
Nashville, Tennessee, authorized by section 219(f)(263) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(T) The project for environmental infrastructure, Oak
Ridge, Tennessee, authorized by section 219(f)(265) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1268).
(U) The project for environmental infrastructure, Plateau
Utility District, Morgan County, Tennessee, authorized by
section 219(f)(266) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
(V) The authorized funding level for critical restoration
projects, Lake Champlain watershed, Vermont and New York,
authorized by section 542 of the Water Resources Development
Act of 2000 (114 Stat. 2671; 121 Stat. 1150).
(W) The project for environmental infrastructure, Eastern
Shore and Southwest Virginia, authorized by section
219(f)(10) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255).
SEC. 205. SELMA, ALABAMA.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that--
(1) provides an update on the study for flood risk
management and riverbank stabilization, Selma, Alabama,
authorized by resolutions of the Committees on Public Works
and Rivers and Harbors of the House of Representatives on
June 7, 1961, and April 28, 1936, respectively, the
completion of which the Secretary was required to expedite by
section 1203 of the Water Resources Development Act of 2018
(132 Stat. 3803); and
(2) identifies project alternatives necessary to--
(A) assure the preservation of cultural and historic values
associated with national historic landmarks within the study
area; and
(B) provide flood risk management for economically
disadvantaged communities within the study area.
SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN
APPALACHIA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in collaboration with
the Appalachian Regional Commission established by section
14301(a) of title 40, United States Code, shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that identifies each Corps
of Engineers facility that--
(1) is located within a distressed county or an at-risk
county (as designated by the Appalachian Regional Commission
pursuant to subparagraph (A) or (B) of section 14526(a)(1),
of title 40, United States Code), including in counties that
are experiencing high unemployment or job loss; and
(2) could be improved for purposes of economic development,
recreation, or other uses.
(b) Hydropower Facilities.--
(1) Identification of potential hydropower development.--
The Secretary shall include in the report submitted under
subsection (a) the identification of any existing nonpowered
dams, located within a distressed county or an at-risk
county, with the potential to be used to test, evaluate,
pilot, demonstrate, or deploy hydropower or energy storage
technologies.
(2) Information.--In carrying out this subsection, the
Secretary may use any information developed pursuant to
section 1206 of the Water Resources Development Act of 2018
(132 Stat. 3806).
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate with any relevant National
Laboratories.
SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST
COMPREHENSIVE STUDY.
(a) In General.--The Secretary shall carry out a study to
determine the feasibility of a project for hurricane and
storm damage risk reduction for any major metropolitan area
located in the study area for the comprehensive study
authorized under the heading ``Department of the Army--Corps
of Engineers--Civil--Investigations'' under the Disaster
Relief Appropriations Act, 2013 (Public Law 113-2) that was
not included in a high-risk focus area identified in the
study.
(b) Treatment.--A study carried out under subsection (a)
shall be considered to be a continuation of the comprehensive
study described in that subsection.
SEC. 208. SOUTH ATLANTIC COASTAL STUDY.
Section 1204 of the Water Resources Development Act of 2016
(130 Stat. 1685) is amended by adding at the end the
following:
``(d) Annual Reports.--Not later than 180 days after the
enactment of the Water Resources Development Act of 2020, and
not less frequently than annually thereafter until 2025, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of the study under
subsection (a), on a State-by-State basis, including
information on the engagement of the Corps of Engineers with
non-Federal interests, including detailed lists of all
meetings and decision outcomes associated with those
engagements.''.
SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO
BYPASS, CALIFORNIA.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study of the Sacramento River in the vicinity
of the Yolo Bypass System, California, to identify actions to
be undertaken by the Secretary for the comprehensive
management of the Yolo Bypass System for the purposes of
flood risk management, ecosystem restoration, water supply,
hydropower, and recreation.
(b) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the comprehensive study
under subsection (a), the Secretary shall consult with the
Governor of the State of California, applicable Federal,
State, and local agencies, non-Federal interests, the Yolo
Bypass and Cache Slough Partnership, and other stakeholders.
(2) Use of existing data and prior studies.--To the maximum
extent practicable and where appropriate, the Secretary may--
(A) make use of existing data provided to the Secretary by
the entities identified in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies and projects
carried out by the Secretary within the study area; and
(ii) the latest technical data and scientific approaches to
changing hydrologic and climatic conditions.
(c) Recommendations.--
(1) In general.--In conducting the comprehensive study
under subsection (a), the Secretary may develop a
recommendation to Congress for--
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Yolo Bypass System for
additional study by the Secretary.
(2) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation under paragraph
(1)(D) shall be considered to be a continuation of the
comprehensive study authorized under subsection (a).
(d) Completion of Study; Report to Congress.--Not later
than 3 years after the date of enactment of this section, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
(1) the results of the comprehensive study conducted under
subsection (a), including any recommendations developed under
subsection (c);
(2) any additional, site-specific areas within the Yolo
Bypass System where additional study for flood risk
management or ecosystem restoration projects is recommended
by the Secretary; and
(3) any interim actions relating to existing water
resources development projects undertaken by the Secretary
during the study period.
[[Page H6955]]
(e) Definitions.--In this section:
(1) Yolo bypass system.--The term ``Yolo Bypass System''
means the system of weirs, levees, bypass structures, and
other water resources development projects in California's
Sacramento River Valley, extending from the Fremont Weir near
Woodland, California, to the Sacramento River near Rio Vista,
California, authorized pursuant to section 2 of the Act of
March 1, 1917 (chapter 144; 39 Stat. 949).
(2) Yolo bypass and cache slough partnership.--The term
``Yolo Bypass and Cache Slough Partnership'' means the group
of parties to the Yolo Bypass and Cache Slough Memorandum of
Understanding, effective May 2016, regarding collaboration
and cooperation in the Yolo Bypass and Cache Slough region.
SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.
(a) In General.--In carrying out the review of the Lake
Okeechobee regulation schedule pursuant to section 1106 of
the Water Resources Development Act of 2018 (132 Stat. 3773),
the Secretary shall--
(1) evaluate the implications of prohibiting releases from
Lake Okeechobee through the S-308 and S-80 lock and dam
structures, and evaluate separately the implications of
prohibiting high volume releases through the S-77, S-78, and
S-79 lock and dam structures, on the operation of the lake in
accordance with authorized purposes and seek to minimize
unnecessary releases to coastal estuaries; and
(2) to the maximum extent practicable, coordinate with the
ongoing efforts of Federal and State agencies responsible for
monitoring, forecasting, and notification of cyanobacteria
levels in Lake Okeechobee.
(b) Monthly Report.--Each month, the Secretary shall make
public a report, which may be based on the Water Management
Daily Operational Reports, disclosing the volumes of water
deliveries to or discharges from Lake Okeechobee & Vicinity,
Water Conservation Area I, Water Conservation Area II, Water
Conservation Area III, East Coast Canals, and the South Dade
Conveyance. Such report shall be aggregated and reported in a
format designed for the general public, using maps or other
widely understood communication tools.
(c) Effect.--In carrying out the evaluation under
subsection (a)(1), nothing shall be construed to authorize
any new purpose for the management of Lake Okeechobee or
authorize the Secretary to affect any existing authorized
purpose, including flood protection and management of Lake
Okeechobee to provide water supply for all authorized users.
SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--In carrying out the comprehensive
assessment of water resources needs for the Great Lakes
System under section 729 of the Water Resources Development
Act of 1986 (33 U.S.C. 2267a), as required by section 1219 of
the Water Resources Development Act of 2018 (132 Stat. 3811),
the Secretary shall--
(1) taking into account recent high lake levels within the
Great Lakes, assess and make recommendations to Congress on--
(A) coastal storm and flood risk management measures,
including measures that use natural features and nature-based
features, as those terms are defined in section 1184 of the
Water Resources Development Act of 2016 (33 U.S.C. 2289a);
(B) operation and maintenance of the Great Lakes Navigation
System, as such term is defined in section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238);
(C) ecosystem protection and restoration;
(D) the prevention and control of invasive species and the
effects of invasive species; and
(E) recreation associated with water resources development
projects;
(2) prioritize actions necessary to protect critical public
infrastructure, communities, and critical natural or cultural
resources; and
(3) to the maximum extent practicable and where
appropriate, utilize existing data provided to the Secretary
by Federal and State agencies, Indian Tribes, and other
stakeholders, including data obtained through other Federal
programs.
(b) Recommendations; Additional Study.--
(1) In general.--In carrying out the comprehensive
assessment described in subsection (a), the Secretary may
make a recommendation to Congress for--
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Great Lakes System for
additional study by the Secretary.
(2) Focus areas.--In addition to carrying out subsection
(a), to contribute to the comprehensive assessment described
in such subsection, the Secretary is authorized to conduct
feasibility studies for--
(A) the project for coastal storm resiliency, Lake Ontario
shoreline, New York; and
(B) the project for coastal storm resiliency, Chicago
shoreline, Illinois.
(3) Additional considerations.--Any feasibility study
carried out pursuant to this subsection, including pursuant
to a recommendation under paragraph (1)(D), shall be
considered to be a continuation of the comprehensive
assessment described in subsection (a).
(c) Exemption From Maximum Study Cost and Duration
Limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
any study recommended under subsection (b)(1)(D) or carried
out pursuant to subsection (b)(2).
SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE
LOUISIANA COASTAL AREA.
Not later than 1 year after the date of enactment of this
Act, the Coastal Louisiana Ecosystem Protection and
Restoration Task Force established by section 7004 of Water
Resources Development Act of 2007 (121 Stat. 1272) shall
submit to Congress a report that summarizes the activities
and recommendations of the Task Force, including--
(1) policies, strategies, plans, programs, projects, and
activities undertaken for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem; and
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem.
SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT
STUDY.
(a) Comprehensive Study.--
(1) Purpose.--The Secretary, in collaboration with the
heads of other relevant Federal agencies and pursuant to
subsection (d)(1)(A), shall conduct a comprehensive study of
the Lower Mississippi River basin, from Cape Girardeau,
Missouri, to the Gulf of Mexico, to identify recommendations
of actions to be undertaken by the Secretary, under existing
authorities or after congressional authorization, for the
comprehensive management of the basin for the purposes of--
(A) hurricane and storm damage reduction, flood risk
management, structural and nonstructural flood control, and
floodplain management strategies;
(B) navigation;
(C) ecosystem and environmental restoration;
(D) water supply;
(E) hydropower production;
(F) recreation; and
(G) other purposes as determined by the Secretary.
(2) Development.--In conducting the comprehensive study
under paragraph (1), the Secretary shall investigate--
(A) the construction of new water resources development
projects;
(B) structural and operational modifications to completed
water resources development projects within the study area;
(C) projects proposed in the comprehensive coastal
protection master plan entitled ``Louisiana's Comprehensive
Master Plan for a Sustainable Coast'', prepared by the State
of Louisiana and accepted by the Louisiana Coastal Protection
and Restoration Authority (including any subsequent
amendments or revisions), including--
(i) Ama sediment diversion;
(ii) Union freshwater diversion;
(iii) increase Atchafalaya flow to Terrebonne; and
(iv) Manchac Landbridge diversion;
(D) natural features and nature-based features, including
levee setbacks and instream and floodplain restoration;
(E) fish and wildlife habitat resources, including in the
Mississippi Sound Estuary, the Lake Pontchartrain Basin, the
Breton Sound, the Barataria Basin, the Terrebonne Basin, the
Atchafalaya Basin, the Vermilion-Teche Basin, and other
outlets of the Mississippi River and Tributaries project;
(F) mitigation of adverse impacts from operations of flood
control structures to the Mississippi Sound Estuary, the Lake
Pontchartrain Basin, the Breton Sound, the Barataria Basin,
the Atchafalaya Basin, and other outlets of the Mississippi
River and Tributaries project;
(G) the effects of dredging and river-bottom elevation
changes on drainage efficiency;
(H) the economic impacts of existing practices, including
such impacts on coastal resources;
(I) monitoring requirements, including as near-real time
monitoring as practicable, and adaptive management measures
to respond to changing conditions over time;
(J) the division of responsibilities among the Federal
Government and non-Federal interests with respect to the
purposes described in paragraph (1); and
(K) other matters, as determined by the Secretary.
(b) Consultation and Use of Existing Data.--In conducting
the comprehensive study under subsection (a), the Secretary
shall consult with applicable Federal, State, and local
agencies, Indian Tribes, non-Federal interests, and other
stakeholders, and, to the maximum extent practicable and
where appropriate, make use of existing data provided to the
Secretary by such entities or from any relevant multistate
monitoring programs.
(c) Recommendations.--In conducting the comprehensive study
under subsection (a), the Secretary shall develop actionable
recommendations to Congress, including for--
[[Page H6956]]
(1) the construction of new water resources development
projects to improve the maximum effective river resource use
and control;
(2) the structural or operational modification of completed
water resources development projects;
(3) such additional monitoring of, or adaptive management
measures to carry out with respect to, completed water
resources development projects, to respond to changing
conditions;
(4) improving the efficiency of operational and maintenance
dredging within the study area;
(5) whether changes are necessary to the Mississippi River
and Tributaries project within the study area;
(6) other Federal and non-Federal action, where
appropriate; and
(7) follow-up studies and data collection and monitoring to
be carried out by the relevant Federal or State agency.
(d) Completion of Study; Report to Congress.--
(1) Annual reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until the
final report under paragraph (2) is submitted, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
(A) any interim actions relating to water resources
development projects within the study area undertaken by the
Secretary under existing authority; and
(B) any recommendations developed under subsection (c).
(2) Final report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a final report detailing the
results of the comprehensive study required by this section,
including the recommendations developed under subsection (c).
(3) Application of certain requirements.--Section 1001(a)
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(a)) shall not apply to the study carried out by
the Secretary under this section.
(e) Further Analysis.--
(1) In general.--In conducting the comprehensive study
under subsection (a), the Secretary shall carry out
activities in geographic areas that warrant additional
analysis by the Corps of Engineers, including feasibility
studies.
(2) Treatment.--A feasibility study carried out under
paragraph (1) shall be considered to be a continuation of the
comprehensive study conducted under subsection (a).
(f) Requirements.--The comprehensive study conducted under
subsection (a) shall be carried out in accordance with the
authorities for the Mississippi River and Tributaries
project.
(g) Definitions.--In this section:
(1) Mississippi river and tributaries project.--The term
``Mississippi River and Tributaries project'' means the
Mississippi River and Tributaries project authorized by the
first section of the Act of May 15, 1928 (33 U.S.C. 702a).
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000, to
remain available until expended.
(i) Savings Provision.--Nothing in this section shall delay
or interfere with, or be construed as grounds for enjoining
construction of, authorized projects within the study area.
SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
(a) Assessment.--The Secretary shall conduct an assessment
of the water resources needs of the Upper Mississippi River
under section 729 of the Water Resources Development Act of
1986 (33 U.S.C. 2267a).
(b) Requirements.--The Secretary shall carry out the
assessment under subsection (a) in accordance with the
requirements in section 1206(b) of Water Resources
Development Act of 2016 (130 Stat. 1686).
SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS
RESEARCH.
(a) In General.--Pursuant to section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16), the
Secretary shall conduct research on the management of fish
losses through the mainstem dams of the Missouri River Basin
during periods of high flow.
(b) Contents.--The research conducted under subsection (a)
shall include an examination of--
(1) the effects of high flow rates through Upper Missouri
River Basin mainstem dam outlet works on fish passage;
(2) options used by other Corps of Engineers district
offices to mitigate fish losses through dams; and
(3) the feasibility of implementing fish loss mitigation
options in the Upper Missouri River Basin mainstem dams,
based on similar ongoing studies.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report recommending a plan to
address fish losses through mainstem dams in the Upper
Missouri River Basin.
SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
PROTECTION.
(a) Additional Studies for Lower Missouri River Basin.--
(1) In general.--Except as provided in paragraph (2), upon
the request of the non-Federal interest for the Lower
Missouri Basin study, the Secretary shall expand the scope of
such study to investigate and provide recommendations
relating to--
(A) modifications to projects in Iowa, Kansas, Nebraska,
and Missouri authorized under the Pick-Sloan Missouri River
Basin Program (authorized by section 9(b) of the Act of
December 22, 1944 (chapter 665, 58 Stat. 891)) and the
Missouri River Bank Stabilization and Navigation project
(authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 19)), including modifications to the authorized
purposes of such projects to further flood risk management
and resiliency; and
(B) modifications to non-Federal, publicly owned levees in
the Lower Missouri River Basin.
(2) Exception.--If the Secretary determines that expanding
the scope of the Lower Missouri Basin study as provided in
paragraph (1) is not practicable, and the non-Federal
interest for such study concurs in such determination, the
Secretary shall carry out such additional studies as are
necessary to investigate the modifications described in
paragraph (1).
(3) Continuation of lower missouri basin study.--The
following studies shall be considered a continuation of the
Lower Missouri Basin study:
(A) Any additional study carried out under paragraph (2).
(B) Any study recommended to be carried out in a report
that the Chief of Engineers prepares for the Lower Missouri
Basin study.
(C) Any study recommended to be carried out in a report
that the Chief of Engineers prepares for an additional study
carried out under paragraph (2).
(D) Any study spun off from the Lower Missouri Basin study
before the completion of such study.
(E) Any study spun off from an additional study carried out
under paragraph (2) before the completion of such additional
study.
(4) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(5) Consideration; consultation.--In developing
recommendations under paragraph (1), the Secretary shall--
(A) consider the use of--
(i) structural and nonstructural measures, including the
setting back of levees and removing structures from areas of
recurring flood vulnerability, where advantageous, to reduce
flood risk and damages in the Lower Missouri River Basin; and
(ii) where such features are locally acceptable, natural
features or nature-based features (as such terms are defined
in section 1184 of the Water Resources Development Act of
2016 (33 U.S.C. 2289a); and
(B) consult with applicable Federal and State agencies,
Indian Tribes, and other stakeholders within the Lower
Missouri River Basin and solicit public comment on such
recommendations.
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
the Lower Missouri Basin study or any study described in
paragraph (3).
(7) Preconstruction, engineering, and design.--Upon
completion of a study authorized by this subsection, if the
Secretary determines that a recommended project, or
modification to a project described in paragraph (1), is
justified, the Secretary may proceed directly to
preconstruction planning, engineering, and design of the
project or modification.
(8) Technical assistance.--
(A) In general.--For the provision of technical assistance
to support small communities and economically disadvantaged
communities in the planning and design of flood risk
management and flood risk resiliency projects in the Lower
Missouri River Basin, for each of fiscal years 2021 through
2026, there are authorized to be appropriated--
(i) $2,000,000 to carry out section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a), in addition to amounts
otherwise authorized to carry out such section; and
(ii) $2,000,000 to carry out section 22(a)(2) of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16), in
addition to amounts otherwise authorized to carry out such
section.
(B) Conditions.--
(i) Limitations not applicable.--The limitations on the use
of funds in section 206(d) of the Flood Control Act of 1960
and section 22(c)(2) of the Water Resources Development Act
of 1974 shall not apply to the amounts authorized to be
appropriated by subparagraph (A).
(ii) Rule of construction.--Nothing in this paragraph
restricts the authority of the
[[Page H6957]]
Secretary to use any funds otherwise appropriated to carry
out section 206 of the Flood Control Act of 1960 or section
22(a)(2) of the Water Resources Development Act of 1974 to
provide technical assistance described in subparagraph (A).
(9) Completion of study; report to congress.--Not later
than 3 years after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
(A) the results of the study authorized by this subsection;
(B) any additional, site-specific areas within the Lower
Missouri River Basin for which additional study for flood
risk management projects is recommended by the Secretary; and
(C) any interim actions relating to existing water
resources development projects in the Lower Missouri River
Basin undertaken by the Secretary during the study period.
(10) Definitions.--In this subsection:
(A) Lower missouri basin study.--The term ``Lower Missouri
Basin study'' means the Lower Missouri Basin Flood Risk and
Resiliency Study, Iowa, Kansas, Nebraska, and Missouri,
authorized pursuant to section 216 of the Flood Control Act
of 1970 (33 U.S.C. 549a).
(B) Small community.--The term ``small community'' means a
local government that serves a population of less than
15,000.
(b) Upper Missouri River Basin Comprehensive Study.--
(1) In general.--The Secretary, in collaboration with the
heads of other relevant Federal agencies, shall conduct a
comprehensive study to address flood risk in areas affected
by severe flooding in 2019 along the Upper Missouri River,
including an examination of--
(A) the use of structural and nonstructural flood control
and floodplain management strategies, including the
consideration of natural features or nature-based features
(as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a);
(B) continued operation and maintenance of the navigation
project;
(C) management of bank caving and erosion;
(D) maintenance of water supply;
(E) fish and wildlife habitat management;
(F) recreation needs;
(G) environmental restoration needs;
(H) the division of responsibilities of the Federal
Government and non-Federal interests with respect to Missouri
River flooding;
(I) the roles and responsibilities of Federal agencies with
respect to Missouri River flooding; and
(J) any other related matters, as determined by the
Secretary.
(2) Recommendations.--In conducting the study under this
subsection, the Secretary may develop recommendations to
Congress for--
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) such additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
conditions;
(D) geographic areas within the Upper Missouri River basin
for additional study by the Secretary;
(E) management plans and actions to be carried out by the
responsible Federal agencies to reduce flood risk and improve
resiliency;
(F) any necessary changes to the general comprehensive plan
for flood control and other purposes in the Missouri River
Basin under section 4 of the Act of June 28, 1938 (chapter
795, 52 Stat. 1218; 58 Stat. 891); and
(G) follow-up studies for problem areas for which data or
current technology does not allow immediate solutions.
(3) Completion of study; report to congress.--Not later
than 3 years after the date of enactment of this subsection,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) contains the results of the comprehensive study
required by this subsection, including any recommendations
developed under paragraph (2);
(B) addresses--
(i) the potential for the transfer of flood risk between
and within the Upper and Lower Missouri River basins with
respect to any changes recommended pursuant to paragraph
(2)(F);
(ii) adverse impacts to navigation and other authorized
purposes of the applicable Missouri River project with
respect to any changes recommended under paragraph (2)(F);
and
(iii) whether there are opportunities for increased non-
Federal management in the Upper Missouri River Basin;
(C) recognizes--
(i) the interest and rights of States in--
(I) determining the development of watersheds within the
borders of the State; and
(II) water utilization and control; and
(ii) the primary responsibilities of States and local
interests in developing water supplies for domestic,
municipal, industrial, and other purposes; and
(D) describes any interim actions relating to existing
water resources development projects in the Upper Missouri
River Basin undertaken by the Secretary during the study
period.
(4) Consultation.--In carrying out this subsection, the
Secretary shall consult with applicable Federal and State
agencies, Indian Tribes, and other stakeholders within the
Upper Missouri River Basin and solicit public comment.
(5) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
the comprehensive study carried out under this section or any
feasibility study described in paragraph (7).
(7) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation included in the
report submitted under this subsection shall be considered to
be a continuation of the comprehensive study required under
paragraph (1).
(8) Definition.--In this subsection, the term ``Missouri
River project'' means a project constructed as part of--
(A) the Pick-Sloan Missouri River Basin Program (authorized
by section 9(b) of the Act of December 22, 1944 (chapter 665,
58 Stat. 891)), located in the States of Wyoming, Montana,
North Dakota, or South Dakota;
(B) the Missouri River Bank Stabilization and Navigation
project (authorized by section 2 of the Act of March 2, 1945
(chapter 19, 59 Stat. 19)); or
(C) a non-Federal, publicly owned levee system located
within the Upper Missouri River Basin.
(c) Coordination.--Upon completion of the studies under
subsections (a) and (b), the Secretary shall develop a
strategy that, to the maximum extent practicable, coordinates
and aligns the results of such studies.
SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE
HARBOR, NEW HAMPSHIRE.
(a) Requirement to Expedite.--The Secretary shall expedite
authorized activities to address the impacts of shoaling
affecting the project for navigation, Rye Harbor, New
Hampshire, authorized by section 101 of the River and Harbor
Act of 1960 (74 Stat. 480).
(b) Status Update.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a written status update regarding--
(1) the activities required to be expedited under
subsection (a); and
(2) the project for navigation, Portsmouth Harbor and
Piscataqua River, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173), as required to be
expedited under section 1317 of the Water Resources
Development Act of 2018 (132 Stat. 3823).
SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN,
OREGON.
(a) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate, and make publicly available, a
report providing an initial analysis of deauthorizing
hydropower as a project purpose at the Cougar and Detroit
Dams project.
(b) Contents.--The Secretary shall include in the report
submitted under subsection (a)--
(1) a description of the potential effects of deauthorizing
hydropower as a project purpose at the Cougar and Detroit
Dams project on--
(A) the operation of the project, including with respect to
the other authorized purposes of the project;
(B) compliance of the project with the Endangered Species
Act;
(C) costs that would be attributed to other authorized
purposes of the project, including costs relating to
compliance with such Act; and
(D) other ongoing studies in the Willamette River Basin;
and
(2) identification of any further research needed.
(c) Project Defined.--In this section, the terms ``Cougar
and Detroit Dams project'' and ``project'' mean the Cougar
Dam and Reservoir project and Detroit Dam and Reservoir
project, Willamette River Basin, Oregon, authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 179),
and facilities that operate in conjunction with the main
Detroit Dam facility, including the Big Cliff re-regulating
dam.
SEC. 219. PORT ORFORD, OREGON.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall, at Federal expense, submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a summary report on the research
completed and data gathered by the date of enactment of this
Act with regards to the configuration of a breakwater for the
project for navigation, Port Orford, Oregon, authorized by
section 117 of the River and Harbor
[[Page H6958]]
Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the purposes
of addressing shoaling issues to minimize long-term
maintenance costs.
SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.
Not later than 180 days after the date of enactment of this
section, the Secretary shall submit to Congress a written
status update regarding efforts to address flooding along
Wilson Creek and Sloan Creek in the City of Fairview, Texas.
SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT
WATER RESOURCES DEVELOPMENT PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of the Representatives and the Committee on Environment and
Public Works of the Senate a report that analyzes the
benefits and consequences of including water supply and water
conservation as a primary mission of the Corps of Engineers
in carrying out water resources development projects.
(b) Inclusion.--The Secretary shall include in the report
submitted under subsection (a)--
(1) a description of existing water resources development
projects with water supply or water conservation as
authorized purposes, and the extent to which such projects
are utilized for such purposes;
(2) a description of existing water resources development
projects with respect to which--
(A) water supply or water conservation could be added as a
project purpose, including those with respect to which a non-
Federal interest has expressed an interest in adding water
supply or water conservation as a project purpose; and
(B) such a purpose could be accommodated while maintaining
existing authorized purposes;
(3) a description of ongoing water resources development
project studies the authorizations for which include
authorization for the Secretary to study the feasibility of
carrying out the project with a purpose of water supply or
water conservation;
(4) an analysis of how adding water supply and water
conservation as a primary mission of the Corps of Engineers
would affect the ability of the Secretary to carry out future
water resources development projects; and
(5) any recommendations of the Secretary relating to
including water supply and water conservation as a primary
mission of the Corps of Engineers.
SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND
PROJECTS.
(a) In General.--Not later than February 1 of each year,
the Secretary shall develop and submit to Congress an annual
report, to be entitled ``Report to Congress on Authorized
Water Resources Development Projects and Studies'', that
identifies--
(1) ongoing or new feasibility studies, authorized within
the previous 20 years, for which a Report of the Chief of
Engineers has not been issued;
(2) authorized feasibility studies for projects in the
preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects
authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development
projects the Secretary has the responsibility to operate or
maintain.
(b) Contents.--
(1) Inclusions.--
(A) Criteria.--The Secretary shall include in each report
submitted under this section only a feasibility study or
water resources development project--
(i) that has been authorized by Congress to be carried out
by the Secretary and does not require any additional
congressional authorization to be carried out;
(ii) that the Secretary has the capability to carry out if
funds are appropriated for such study or project under any of
the ``Investigations'', ``Construction'', ``Operation and
Maintenance'', or ``Mississippi River and Tributaries''
appropriations accounts for the Corps of Engineers; and
(iii) for which a non-Federal interest--
(I) in the case of a study or a project other than a
project for which funds may be appropriated for operation and
maintenance, has entered into a feasibility cost-sharing
agreement, design agreement, or project partnership agreement
with the Corps of Engineers, or has informed the Secretary
that the non-Federal interest has the financial capability to
enter into such an agreement within 1 year; and
(II) demonstrates the legal and financial capability to
satisfy the requirements for local cooperation with respect
to the study or project.
(B) Description of benefits.--
(i) Description.--The Secretary shall, to the maximum
extent practicable, describe in each report submitted under
this section the benefits, as described in clause (ii), of
each feasibility study and water resources development
project included in the report.
(ii) Benefits.--The benefits referred to in clause (i) are
benefits to--
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national, regional, or local economy;
(IV) the environment; or
(V) the national security interests of the United States.
(2) Transparency.--The Secretary shall include in each
report submitted under this section, for each feasibility
study and water resources development project included in the
report--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-Federal
share of the cost of the study or project;
(B) the purpose of the study or project;
(C) an estimate, to the extent practicable, of the Federal,
non-Federal, and total costs of the study or project,
including, to the extent practicable, the fully funded
capability of the Corps of Engineers for--
(i) the 3 fiscal years following the fiscal year in which
the report is submitted, in the case of a feasibility study;
and
(ii) the 5 fiscal years following the fiscal year in which
the report is submitted, in the case of a water resources
development project; and
(D) an estimate, to the extent practicable, of the monetary
and nonmonetary benefits of the study or project.
(3) Certification.--The Secretary shall include in each
report submitted under this section a certification stating
that each feasibility study or water resources development
project included in the report meets the criteria described
in paragraph (1)(A).
(4) Omissions.--
(A) Limitation.--The Secretary shall not omit from a report
submitted under this section a study or project that
otherwise meets the criteria for inclusion in the report
solely on the basis of a policy of the Secretary.
(B) Appendix.--If the Secretary omits from a report
submitted under this section a study or project that
otherwise meets the criteria for inclusion in the report, the
Secretary shall include with the report an appendix that
lists the name of the study or project and reason for its
omission.
(c) Submission to Congress; Publication.--
(1) Submission to congress.--The Secretary may submit a
report under this section in conjunction with the submission
of the annual report under section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(2) Publication.--On submission of each report under this
section, the Secretary shall make the report publicly
available, including through publication on the internet.
(d) Definitions.--In this section:
(1) Non-federal interest.--The term ``non-Federal
interest'' has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
(2) Water resources development project.--The term ``water
resources development project'' includes a separable element
of a project, a project under an environmental infrastructure
assistance program, and a project the authorized purposes of
which include water supply.
SEC. 223. COMPLETION OF REPORTS AND MATERIALS.
(a) In General.--Using available appropriations, not later
than 180 days after the date of enactment of this section,
the Secretary shall complete and submit to Congress the
following materials:
(1) The report required by section 1211 of the Water
Resources Development Act of 2018 (132 Stat. 3808).
(2) Implementation guidance for the amendments made by
section 1176 of the Water Resources Development Act of 2016
(130 Stat. 1673).
(3) Implementation guidance for the amendments made by
section 3029(a) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1305).
(4) Any other report or other material required to be
submitted to Congress by any of the following Acts (including
by amendments made by such Acts) that has not been so
submitted by the date of enactment of this section:
(A) The Water Resources Reform and Development Act of 2014
(Public Law 113-121).
(B) The Water Resources Development Act of 2016 (Public Law
114-322).
(C) The Water Resources Development Act of 2018 (Public Law
115-270).
(b) Use of Existing Data.--To the extent practicable and
appropriate, the Secretary shall use existing data in
completing any materials described in subsection (a).
(c) Failure To Submit.--If the Secretary fails to submit
materials as required by this section, the Secretary shall
immediately inform the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, in writing,
of the specific reasons for such failure and a timeline for
submission of the delinquent materials.
(d) Implementation Guidance.--The Secretary shall
expeditiously issue any guidance necessary to implement any
provision of this Act, including any amendments made by this
Act, in accordance with section 1105 of the Water Resources
Development Act of 2018 (33 U.S.C. 2202).
SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.
The Secretary shall submit to Congress a report on the
extent to which section 5 of the Act of August 18, 1941 (33
U.S.C. 701n), applies to lakes, including lakes with the flow
of a slow-moving river, including, if applicable,
recommendations for legislative changes to ensure that such
lakes are eligible for the program carried out pursuant to
such section.
[[Page H6959]]
SEC. 225. REPORT ON DEBRIS REMOVAL.
Section 1210 of the Water Resources Development Act of 2018
(132 Stat. 3808) is amended to read as follows:
``SEC. 1210. REPORT ON DEBRIS REMOVAL.
``(a) In General.--Not later than 180 days after the date
of enactment of the Water Resources Development Act of 2020,
the Secretary shall submit to Congress and make publicly
available a report that describes--
``(1) the extent to which, during the 10 fiscal years prior
to such date of enactment, the Secretary has carried out
section 3 of the Act of March 2, 1945 (33 U.S.C. 603a);
``(2) how the Secretary has evaluated potential work to be
carried out under that section; and
``(3) the extent to which the Secretary plans to start,
continue, or complete debris removal activities in the 3
years following submission of the report.
``(b) Focus Areas.--The Secretary shall include in the
report submitted under subsection (a)--
``(1) identification of the debris removal activities to be
started, continued, or completed during the first fiscal year
following the date of enactment of this subsection within the
boundaries of the North Atlantic Division of the Corps of
Engineers;
``(2) the estimated total costs and completion dates for
such activities; and
``(3) identification of the non-Federal interest associated
with such activities.''.
SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.
(a) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the use by the Corps of
Engineers since 2010 of data relating to antecedent
hydrologic conditions in the Missouri River Basin (including
soil moisture conditions, frost depths, snowpack, and
streamflow conditions) in--
(A) conducting Missouri River mainstem reservoir operations
under the Missouri River Master Manual;
(B) developing related annual operating plans; and
(C) performing seasonal, monthly, and daily operations.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) a review of--
(i) the approach of the Corps of Engineers to forecasting
basin runoff in developing annual operating plans of the
Corps of Engineers;
(ii) the assessment of existing and alternative algorithms
that could improve basin runoff forecasting;
(iii) the approach of the Corps of Engineers for reservoir
releases in the winter, spring, summer, and fall, based on
basin runoff forecasts;
(iv) the technical report of the Corps of Engineers
entitled ``Long-Term Runoff Forecasting'', dated February,
2017;
(v) the use by the Corps of Engineers of data from Federal
and State entities in basin runoff forecasts; and
(vi) the use by the Corps of Engineers of advanced data
collection, including through the use of unmanned aerial
systems, forecasting, and modeling;
(B) findings and recommendations on how to best incorporate
antecedent basin conditions in annual operating plans and
Missouri River mainstem reservoir operations; and
(C) the results of the peer review conducted under
subsection (b).
(b) Peer Review.--The Secretary shall seek to enter into an
agreement with the National Academy of Sciences or a similar
independent scientific and technical advisory organization to
establish a panel of experts to conduct a peer review of the
report to be submitted under subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary--
(1) $5,000,000 to carry out subsection (a); and
(2) $5,000,000 to carry out subsection (b).
SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.
Subject to the availability of appropriations, the
Secretary, acting through the Director of the Engineer
Research and Development Center and, where appropriate, in
consultation with other Federal agencies, shall carry out
research and development activities relating to the use of
subsurface drain systems as--
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available, a report
that describes--
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section)
at water resources development projects constructed or
maintained by the Secretary since the date of enactment of
such section; and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources
development projects since such date, an explanation as to
why such corrosion prevention activities have not been
incorporated.
SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.
Section 1104(b) of the Water Resources Development Act of
2018 (33 U.S.C. 2282d note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(2) Annual reporting.--Not less frequently than annually,
the Secretary shall provide to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written update on the progress of the
implementation of paragraph (1), including a description of
each education and outreach action the Secretary is taking to
implement that paragraph.
``(3) Guidance; compliance.--The Secretary shall--
``(A) issue guidance on the uniform implementation by each
district of the Corps of Engineers of the process for
submitting proposals under section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d); and
``(B) each year, ensure compliance with the guidance issued
under subparagraph (A).''.
SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL
STRUCTURES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the extent to which flood
insurance premium reductions that result from implementation
of a flood risk management project, including structural
elements, nonstructural elements, or natural features or
nature-based features, are included in the calculation of the
benefits of the project by the Corps of Engineers.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify water resources development projects
authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources;
or
(C) an authorizing purpose that is no longer relevant or
feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Proposed Deauthorization List.--
(1) Preliminary list of projects.--
(A) In general.--The Secretary shall develop a preliminary
list of each water resources development project, or
separable element of a project, authorized for construction
before November 8, 2007, for which--
(i) planning, design, or construction was not initiated
before the date of enactment of this Act; or
(ii) planning, design, or construction was initiated before
the date of enactment of this Act, but for which no funds,
Federal or non-Federal, were obligated for planning, design,
or construction of the project or separable element of the
project during the current fiscal year or any of the 10
preceding fiscal years.
(B) Use of comprehensive construction backlog and operation
and maintenance report.--The Secretary may develop the
preliminary list from the comprehensive construction backlog
and operation and maintenance reports developed pursuant to
section 1001(b)(2) of the Water Resources Development Act of
1986 (33 U.S.C. 579a).
(C) Exclusions.--The Secretary shall not include on the
preliminary list--
(i) an environmental infrastructure assistance project
authorized to be carried out by the Secretary (including a
project authorized pursuant to an environmental assistance
program); or
(ii) a project or separable element of a project authorized
as part of the Comprehensive Everglades Restoration Plan
described in section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680).
(2) Preparation of proposed deauthorization list.--
(A) Deauthorization amount.--The Secretary shall prepare a
proposed list of projects for deauthorization comprised of a
subset of projects and separable elements identified on the
preliminary list developed under paragraph (1) that have, in
the aggregate, an estimated Federal cost to complete that is
at least $10,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete
shall take into account any allowances authorized by section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280), as applied
[[Page H6960]]
to the most recent project schedule and cost estimate.
(C) Inclusion of deauthorization of antiquated projects.--
The Secretary shall reduce the amount identified for
deauthorization under paragraph (2)(A) by an amount
equivalent to the estimated current value of each project, or
separable element of a project, that is deauthorized by
subsection (f).
(3) Sequencing of projects.--
(A) In general.--The Secretary shall identify projects and
separable elements for inclusion on the proposed list of
projects for deauthorization under paragraph (2) according to
the order in which the projects and separable elements were
authorized, beginning with the earliest authorized projects
and separable elements and ending with the latest project or
separable element necessary to meet the aggregate amount
under paragraph (2)(A).
(B) Factors to consider.--The Secretary may identify
projects and separable elements in an order other than that
established by subparagraph (A) if the Secretary determines,
on a case-by-case basis, that a project or separable element
is critical for interests of the United States, based on the
possible impact of the project or separable element on public
health and safety, the national economy, or the environment.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governors of each applicable State on the
proposed deauthorization list prepared under paragraph
(2)(A).
(B) Comment period.--The public comment period shall be 90
days.
(5) Preparation of final deauthorization list.--
(A) In general.--The Secretary shall prepare a final
deauthorization list by--
(i) considering any comments received under paragraph (4);
and
(ii) revising the proposed deauthorization list prepared
under paragraph (2)(A) as the Secretary determines necessary
to respond to such comments.
(B) Appendix.--The Secretary shall include as part of the
final deauthorization list an appendix that--
(i) identifies each project or separable element on the
proposed deauthorization list that is not included on the
final deauthorization list; and
(ii) describes the reasons why the project or separable
element is not included on the final deauthorization list.
(c) Submission of Final Deauthorization List to Congress
for Congressional Review; Publication.--
(1) In general.--Not later than 90 days after the date of
the close of the comment period under subsection (b)(4), the
Secretary shall--
(A) submit the final deauthorization list and appendix
prepared under subsection (b)(5) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate; and
(B) publish the final deauthorization list and appendix in
the Federal Register.
(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal
funds for planning, design, or construction are obligated
after the development of the preliminary list under
subsection (b)(1)(A) but prior to the submission of the final
deauthorization list under paragraph (1)(A) of this
subsection.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 2-year period
beginning on the date of publication of the final
deauthorization list and appendix under subsection (c)(1)(B),
a project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list under
subsection (c) shall not be deauthorized under this
subsection if, before the expiration of the 2-year period
referred to in paragraph (1), the non-Federal interest for
the project or separable element of the project provides
sufficient funds to complete the project or separable element
of the project.
(B) Treatment of projects.--Notwithstanding subparagraph
(A), each project and separable element of a project
identified in the final deauthorization list shall be treated
as deauthorized for purposes of the aggregate deauthorization
amount specified in subsection (b)(2)(A).
(3) Projects identified in appendix.--A project or
separable element of a project identified in the appendix to
the final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rules.--
(1) Post-authorization studies.--A project or separable
element of a project may not be identified on the proposed
deauthorization list developed under subsection (b), or the
final deauthorization list developed under subsection (c), if
the project or separable element received funding for a post-
authorization study during the current fiscal year or any of
the 10 preceding fiscal years.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified
by an Act of Congress, the date of the authorization of the
project or separable element shall be deemed to be the date
of the most recent such modification.
(f) Deauthorization of Antiquated Projects.--
(1) In general.--Any water resources development project,
or separable element of a project, authorized for
construction prior to November 17, 1986, for which
construction has not been initiated prior to the date of
enactment of this Act, or for which funds have not been
obligated for construction in the 10-year period prior to the
date of enactment of this Act, is hereby deauthorized.
(2) Identification.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall issue to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report that identifies--
(A) the name of each project, or separable element of a
project, deauthorized by paragraph (1); and
(B) the estimated current value of each such project or
separable element of a project.
(g) Economic and Environmental Review of Inactive Water
Resources Development Projects.--The Secretary or the non-
Federal interest may not carry out any authorized water
resources development project, or separable element of such
project, for which construction has not been initiated in the
20-year period following the date of the authorization of
such project or separable element, until--
(1) the Secretary provides to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a post-authorization change report that
updates the economic and environmental analysis of the
project or separable element; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate take appropriate action to
address any modifications to the economic and environmental
analysis for the project or separable element of the project
contained in the post-authorization change report.
(h) Definitions.--In this section:
(1) Post-authorization change report.--The term ``post-
authorization change report'' has the meaning given such term
in section 1132(d) of the Water Resources Development Act of
2016 (33 U.S.C. 2282e).
(2) Post-authorization study.--The term ``post-
authorization study'' means--
(A) a feasibility report developed under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282);
(B) a feasibility study, as defined in section 105(d) of
the Water Resources Development Act of 1986 (33 U.S.C.
2215(d)); or
(C) a review conducted under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), including an initial
appraisal that--
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the project or
separable element.
SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560(f) of the Water Resources Development Act of
1999 (33 U.S.C. 2336(f)) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
Section 203(b)(4) of the Water Resources Development Act of
2000 (33 U.S.C. 2269) is amended by striking ``$12,500,000''
each place it appears and inserting ``$18,500,000''.
SEC. 304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of
1986 (Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113
Stat. 295; 121 Stat. 1076) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
and
``(30) Memorial Pond, Walpole, Massachusetts.''.
SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.
Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$40,000,000'' and
inserting ``$60,000,000''; and
(2) in subsection (f), by striking ``$40,000,000'' and
inserting ``$60,000,000''.
SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.
(a) In General.--Section 510 of the Water Resources
Development Act of 1996 (Public Law 104-303, 110 Stat. 3759;
121 Stat. 1202; 128 Stat. 1317) is amended--
(1) by redesignating subsection (h) as subsection (i) and
inserting after subsection (g) the following:
``(h) Project Cap.--The total cost of a project carried out
under this section may not exceed $15,000,000.''; and
(2) in subsection (i) (as so redesignated), by striking
``$40,000,000'' and inserting ``$90,000,000''.
(b) Outreach and Training.--The Secretary shall conduct
public outreach and
[[Page H6961]]
workshops for non-Federal interests to provide information on
the Chesapeake Bay environmental restoration and protection
program established under section 510 of the Water Resources
Development Act of 1996, including how to participate in the
program.
SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL
MANAGEMENT PROGRAM.
Section 1103(e) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)) is amended--
(1) in paragraph (3), by striking ``$22,750,000'' and
inserting ``$40,000,000''; and
(2) in paragraph (4), by striking ``$10,420,000'' and
inserting ``$15,000,000''.
SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010(e) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is
amended by striking ``the Act of October 15, 1940 (33 U.S.C.
701h-1)'' and inserting ``section 5 of the Act of June 22,
1936 (33 U.S.C. 701h)''.
SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.
(a) In General.--The project for navigation, Theodore Ship
Channel, Mobile Harbor, Alabama, authorized by section 201 of
the Flood Control Act of 1965 (42 U.S.C. 1962d-5), is revised
to incorporate into the project the 40-foot-deep, 1,320-foot-
wide, and approximately 1,468.5-foot-long access channel,
extending north from stations 257+25 and 273+25 from the
Theodore Channel, that was constructed for the former Naval
Station Mobile, as a substitute for the authorized but
unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-
long anchorage basin in the same location, to serve the
public terminal that replaced the former Naval Station Mobile
as obligated under the authorizations for the project.
(b) Treatment.--The Secretary shall--
(1) consider construction of the access channel described
in subsection (a) to be complete; and
(2) assume maintenance of the access channel described in
subsection (a) for so long as the terminal described in
subsection (a) remains publicly owned.
SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.
Any Federal funds, regardless of the account from which the
funds were provided, used to carry out construction of the
modification to the McClellan-Kerr Arkansas River Navigation
System, authorized in section 136 of the Energy and Water
Development Appropriations Act, 2004 (117 Stat. 1842), shall
be considered by the Secretary as initiating construction of
the project such that future funds will not require a new
investment decision.
SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.
The project for navigation, Ouachita and Black Rivers,
Arkansas and Louisiana, authorized by section 101 of the
River and Harbor Act of 1960 (74 Stat. 481), is modified to
include water supply as an authorized purpose.
SEC. 312. LAKE ISABELLA, CALIFORNIA.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary, when evaluating alternative locations for
construction of a permanent Isabella Lake Visitor Center by
the Corps of Engineers to replace the facility impacted by
the Isabella Dam safety modification project, should afford
substantial weight to the site preference of the local
community.
(b) Authority.--The Secretary may acquire such interests in
real property as the Secretary determines necessary or
advisable to support construction of the Isabella Dam safety
modification project.
(c) Transfer.--The Secretary may transfer any real property
interests acquired under subsection (b) to any other Federal
agency or department without reimbursement.
(d) Isabella Dam Safety Modification Project Defined.--In
this section, the term ``Isabella Dam safety modification
project'' means the dam safety modification project at the
Isabella Reservoir in the San Joaquin Valley, California
(authorized by Act of December 22, 1944 (chapter 665, 58
Stat. 901)), including the component of the project relating
to construction a visitor center facility.
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and
ensure coordination and information sharing with respect to--
(1) the project for flood risk management, Lower San
Joaquin River, authorized by section 1401(2) of the Water
Resources Development Act of 2018 (132 Stat. 3836); and
(2) the second phase of the feasibility study for the Lower
San Joaquin River project for flood risk management,
authorized for expedited completion by section 1203(a)(7) of
the Water Resources Development Act 2018 (132 Stat. 3803).
SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
The portion of project for flood control, Sacramento
River, California, authorized by section 2 of the Act of
March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110
Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a
riverbed gradient restoration facility at the Glenn-Colusa
Irrigation District Intake, is no longer authorized beginning
on the date of enactment of this Act.
SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
The portion of the project for flood control and
navigation, San Diego River and Mission Bay, San Diego
County, California, authorized by the Act of July 24, 1946
(chapter 595, 60 Stat. 636), identified in the National Levee
Database established under section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) as the San
Diego River 3 segment and consisting of a 785-foot-long
segment of the right bank levee from Station 209+41.75 to its
end at Station 217+26.75, as described in construction plans
dated August 30, 1951, is no longer authorized beginning on
the date of enactment of this Act.
SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
(a) In General.--Section 114 of the River and Harbor Act of
1968 (33 U.S.C. 59h) is amended to read as follows:
``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
``(a) Area To Be Declared Nonnavigable.--The following area
is declared to be nonnavigable waters of the United States:
All of that portion of the City and County of San Francisco,
California, lying shoreward of a line beginning at the
intersection of the southerly right of way line of Earl
Street prolongation with the Pierhead United States
Government Pierhead line, the Pierhead line as defined in the
State of California Harbor and Navigation Code Section 1770,
as amended in 1961; thence northerly along said Pierhead line
to its intersection with a line parallel with and distant 10
feet easterly from, the existing easterly boundary line of
Pier 30-32; thence northerly along said parallel line and its
northerly prolongation, to a point of intersection with a
line parallel with, and distant 10 feet northerly from, the
existing northerly boundary of Pier 30-32; thence westerly
along last said parallel line to its intersection with said
Pierhead line; thence northerly along said Pierhead line, to
the intersection of the easterly right of way line of Van
Ness Avenue, formerly Marlette Street, prolongation to the
Pierhead line.
``(b) Requirement That Area Be Improved.--The declaration
of nonnavigability under subsection (a) applies only to those
parts of the area described in subsection (a) that are or
will be bulkheaded, filled, or otherwise occupied or covered
by permanent structures and does not affect the applicability
of any Federal statute or regulation that relates to filling
of navigable waters or to other regulated activities within
the area described in subsection (a), including sections 9
and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403),
section 404 of the Federal Water Pollution Control Act, and
the National Environmental Policy Act of 1969.
``(c) Inclusion of Embarcadero Historic District.--Congress
finds and declares that the area described in subsection (a)
contains the seawall, piers, and wharves that comprise the
Embarcadero Historic District listed on the National Register
of Historic Places on May 12, 2006.''.
(b) Conforming Amendment.--Section 5052 of the Water
Resources Development Act of 2007 (33 U.S.C. 59h-1) is
repealed.
SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO
RIVER, CALIFORNIA.
The portion of the project for flood protection on the
Sacramento River, authorized by section 2 of the of March 1,
1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877;
55 Stat. 647; 80 Stat. 1422), consisting of the portion of
the levee from G.P.S. coordinate N2147673.584 E6690904.187 to
N2147908.413 E6689057.060 associated with the Western Pacific
Interceptor Canal, is no longer authorized beginning on the
date of the enactment of this Act.
SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM,
COLORADO, NEW MEXICO, AND TEXAS.
Section 5056(f) of the Water Resources Development Act of
2007 (Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is
amended by striking ``2019'' and inserting ``2029''.
SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.
(a) In General.--The portion of the project for navigation,
New London Harbor, Connecticut, authorized by the first
section of the Act of June 13, 1902 (chapter 1079, 32 Stat.
333), described in subsection (b) is no longer authorized
beginning on the date of enactment of this Act.
(b) Area Described.--The area referred to in subsection (a)
is generally the portion between and around the 2 piers at
the State Pier in New London, specifically the area--
(1) beginning at a point N691263.78, E1181259.26;
(2) running N 3501'50.75'' W about 955.59 feet to a point
N692046.26, E1180710.74;
(3) running N 5458'06.78'' E about 100.00 feet to a point
N692103.66, E1180792.62;
(4) running S 3501'50.75'' E about 989.8 feet to a point
N691293.17, E1181360.78; and
(5) running S 7351'15.45'' W about 105.69 feet to the
point described in paragraph (1).
SEC. 320. WILMINGTON HARBOR, DELAWARE.
It is the sense of Congress that the Corps of Engineers
should maintain the annual maintenance dredging for
Wilmington Harbor, Delaware, authorized by the Act of June 3,
1896 (chapter 314, 29 Stat. 207).
SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.
(a) Finding.--For the purposes of applying section 217(b)
of the Water Resources Development Act of 1996 (33 U.S.C.
2326a(b)) to the Wilmington Harbor South Disposal Area,
Delaware, the Secretary shall find that the standard has been
met for the Edgemoor expansion of the Port of Wilmington,
Delaware.
[[Page H6962]]
(b) Use.--Any use of the Wilmington Harbor South Disposal
Area permitted by the Secretary under section 217(b) for the
Edgemoor Expansion of the Port of Wilmington shall not
otherwise reduce the availability of capacity, in dredged
material disposal facilities under the jurisdiction of the
Secretary that were constructed before the date of enactment
of this Act, for operation and maintenance of--
(1) the Delaware River Mainstem and Channel Deepening
project, Delaware, New Jersey, and Pennsylvania, authorized
by section 101(6) of the Water Resources Development Act of
1992 (106 Stat. 4802); or
(2) the Delaware River, Philadelphia to the Sea, project,
Delaware, New Jersey, Pennsylvania, authorized by the Act of
June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52
Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(c) Fee.--The Secretary shall impose on the non-Federal
interest for the Edgemoor Expansion of the Port of Wilmington
a fee, under section 217(b)(1)(B) of the Water Resources
Development Act of 1996 (33 U.S.C. 2326a(b)(1)(B)), to
recover capital, operation, and maintenance costs associated
with any use by the non-Federal interest of capacity in the
Wilmington Harbor South Disposal Area permitted by the
Secretary under section 217(b) of the Water Resources
Development Act of 1996 pursuant to subsection (a) of this
section.
(d) Agreement to Pay.--In accordance with section 217(a) of
the Water Resources Development Act of 1996 (33 U.S.C.
2326a(a)), if, to accommodate the dredged materials from
operation and maintenance of the Edgemoor Expansion of the
Port of Wilmington, the Secretary provides additional
capacity at the Wilmington Harbor South Disposal Area, the
non-Federal interest for the Edgemoor Expansion of the Port
of Wilmington shall agree to pay, during the period of
construction, all costs associated with the construction of
the additional capacity.
SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
Beginning on the date of enactment of this Act, the project
for navigation, Washington Harbor, District of Columbia,
authorized by the Act of August 30, 1935 (chapter 831, 49
Stat. 1031), is modified to reduce, in part, the authorized
dimensions of the project, such that the remaining authorized
dimensions are as follows:
(1) A 200-foot-wide, 12-foot-deep channel with a center
line beginning at a point East 1,317,064.30 and North
440,373.32, thence to a point East 1,316,474.30 and North
440,028.31, thence to a point East 1,315,584.30 and North
439,388.30, thence to a point East 1,315,259.31 and North
438,908.30.
(2) A 200- to 300-foot-wide, 12-foot-deep transition area,
with a center line beginning at a point East 1,315,259.31 and
North 438,908.30 to a point East 1,315,044.31 and North
438,748.30.
(3) A 300-foot-wide, 15-foot-deep channel with a centerline
beginning a point East 1,315,044.31 and North 438,748.30,
thence to a point East 1,314,105.31 and North 438,124.79,
thence to a point East 1,311,973.30 and North 438,807.78,
thence to a point East 1,311,369.73 and North 438,577.42,
thence to a point East 1,311,015.73 and North 438,197.57,
thence to a point East 1,309,713.47 and North 435,678.91.
(4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
area, with a center line beginning at a point East
1,309,713.47 and North 435,678.91 to a point East
1,307,709.33 and North 434,488.25.
(5) A 400-foot-wide, 24-foot-deep channel with a centerline
beginning at a point East 1,307,709.33 and North 434,488.25,
thence to a point East 1,307,459.33 and North 434,173.25,
thence to a point East 1,306,476.82 and North 432,351.28,
thence to a point East 1,306,209.79 and North 431,460.21,
thence to a point at the end of the channel near Hains Point
East 1,305,997.63 and North 429,978.31.
SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER
CONSERVATION PLAN, FLORIDA.
(a) In General.--The project for ecosystem restoration, Big
Cypress Seminole Indian Reservation Water Conservation Plan,
Florida, authorized pursuant to section 528 of the Water
Resources Development Act of 1996 (110 Stat. 3767), is no
longer authorized beginning on the date of enactment of this
Act.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to pay any damages awarded by
the Armed Services Board of Contract Appeals, or by a court
of competent jurisdiction, to a contractor relating to the
adjudication of claims arising from construction of the
project described in subsection (a).
SEC. 324. CENTRAL EVERGLADES, FLORIDA.
The project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources
Development Act of 2016 (130 Stat. 1713), is modified to
include the project for ecosystem restoration, Central and
Southern Florida, Everglades Agricultural Area, authorized by
section 1308 of the Water Resources Development Act of 2018
(132 Stat. 3819), and to authorize the Secretary to carry out
the project, as so combined, at a total combined cost of
$4,362,091,000.
SEC. 325. MIAMI RIVER, FLORIDA.
The portion of the project for navigation, Miami River,
Florida, authorized by the Act of July 3, 1930 (46 Stat. 925;
59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning at the
existing railroad bascule bridge and extending approximately
1,000 linear feet upstream to an existing salinity barrier
and flood control structure, is no longer authorized
beginning on the date of enactment of this Act.
SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN,
FLORIDA.
(a) Designation.--The Moore Haven Lock and Dam, Moore
Haven, Florida, authorized pursuant to the Act of July 3,
1930 (chapter 847, 46 Stat. 925; 49 Stat. 1032), shall be
known and designated as the ``Julian Keen, Jr. Lock and
Dam''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Lock and Dam referred to in subsection (a) shall be deemed to
be a reference to the ``Julian Keen, Jr. Lock and Dam''.
SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1),
UPPER ST. JOHNS RIVER BASIN, FLORIDA.
The portions of the project for flood control and other
purposes, Central and Southern Florida, authorized by section
203 of the Flood Control Act of 1948 (62 Stat. 1176),
consisting of the Taylor Creek Reservoir and Levee L-73,
Section 1, within the Upper St. Johns River Basin, Florida,
are no longer authorized beginning on the date of enactment
of this Act.
SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER
LAKE, KENTUCKY.
(a) In General.--Subject to the availability of
appropriations and on request of the landowner, the Secretary
shall extinguish any flowage easement or portion of a flowage
easement held by the United States on developed land of the
landowner at Rough River Lake, Kentucky--
(1) that is above 534 feet mean sea level; and
(2) for which the Secretary determines the flowage easement
or portion of the flowage easement is not required to address
backwater effects.
(b) No Liability.--The United States shall not be liable
for any damages to property or injuries to persons from
flooding that may be attributable to the operation and
maintenance of Rough River Dam, Kentucky, on land that was
encumbered by a flowage easement extinguished under
subsection (a).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on plans to modify the Calcasieu
River and Pass Dredged Material Management Plan and
Supplemental Environmental Impact Statement (November 22,
2010 DMMP/SEIS) to allow for the expansion of Dredged
Material Placement Facilities (DMPFs) 17, 19, 22, D, and E to
the lakeside foreshore rock boundaries during planned
rehabilitation of these facilities.
SEC. 330. CAMDEN HARBOR, MAINE.
(a) In General.--The portions of the project for
navigation, Camden Harbor, Maine, described in subsection (b)
are no longer authorized beginning on the date of enactment
of this Act.
(b) Portions Described.--The portions referred to in
subsection (a) are the following:
(1) The portion of the 10-foot-deep inner harbor area,
authorized by the first section of the Act of March 3, 1873
(chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
50,621.75 square feet in area--
(A) starting at a point with coordinates N197,640.07,
E837,851.71;
(B) thence running S8443' 23.94''W about 381.51 feet to a
point with coordinates N197,604.98, E837,471.82;
(C) thence running N4347' 51.43''W about 270.26 feet to a
point with coordinates N197,800.05, E837,284.77;
(D) thence running S5902' 26.62''E about 219.18 feet to a
point with coordinates N197,687.30, E837,472.72;
(E) thence running S8150' 09.76''E about 144.70 feet to a
point with coordinates N197,666.75, E837,615.96;
(F) thence running N5727' 07.42''E about 317.32 feet to a
point with coordinates N197,866.52, E837,928.96; and
(G) thence running S1850' 04.48''W about 239.27 feet to
the point described in subparagraph (A).
(2) The portion of the 14-foot-deep outer harbor area,
authorized by the first section of the Act of August 11, 1888
(25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square
feet in area--
(A) starting at a point with coordinates N197,640.07,
E837,851.71;
(B) thence running N1850' 04.48''E about 239.27 feet to a
point with coordinates N197,866.53, E837,928.96;
(C) thence running N5828' 51.05''E about 308.48 feet to a
point with coordinates N198,027.79, E838,191.93;
(D) thence running N8420' 01.88''E about 370.06 feet to a
point with coordinates N198,064.33, E838,560.18;
(E) thence running S0532' 03.42''E about 357.31 feet to a
point with coordinates N197,708.68, E838,594.64; and
(F) thence running S8443' 23.94''W about 746.08 feet to
the point described in subparagraph (A).
SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA
DESIGNATION.
(a) In General.--The project for navigation, Cape Porpoise
Harbor, Maine, authorized by section 101 of the River and
Harbor
[[Page H6963]]
Act of 1948 (62 Stat. 1172), is modified to designate the
portion of the project described in subsection (b) as a 6-
foot-deep anchorage.
(b) Portion Described.--The portion of the project referred
to in subsection (a) is the approximately 192,235.63 square
foot area consisting of the 100-foot-wide and 6-foot-deep
channel located within the inner harbor--
(1) starting at a point with coordinates N 194,175.13, E
2,882,011.74;
(2) thence running N3346' 08.14''W about 914.57 feet to a
point with coordinates N 194,935.40, E 2,881,503.38;
(3) thence running N1241' 09.78''W about 1,026.40 feet to
a point with coordinates N 195,936.74, E 2,881,277.97;
(4) thence running N7718' 50.22''E about 100.00 feet to a
point with coordinates N 195,958.70, E 2,881,375.53;
(5) thence running S1241' 09.78''E about 1,007.79 feet to
a point with coordinates N 194,975.52, E 2,881,596.85;
(6) thence running S3346' 08.14''E about 895.96 feet to a
point with coordinates N 194,230.72, E 2,882,094.86; and
(7) thence running S5613' 51.86''W about 100.00 feet to
the point described in paragraph (1).
SEC. 332. BALTIMORE, MARYLAND.
The Secretary is authorized, in accordance with section 5
of Act of June 22, 1936 (33 U.S.C. 701h), to accept funds
contributed by a non-Federal interest for dredging on
irregular cycles of the Baltimore Inner Harbor Approach
Channel, Baltimore Harbor and Channels Federal navigation
project, authorized by section 101 of the River and Harbor
Act of 1958 (72 Stat. 297).
SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.
(a) Sense of Congress.--It is the sense of Congress that
Thad Cochran, whose selfless determination and tireless work,
while serving as a congressman and United States Senator from
Mississippi for 45 years, contributed greatly to the
realization and success of the Tennessee-Tombigbee Waterway.
(b) Designation.--The navigation lock known as the ``Amory
Lock'', located at mile 371 on the Tennessee-Tombigbee
Waterway, Mississippi, and the dam associated with such lock,
shall be known and designated as the ``Thad Cochran Lock and
Dam''.
(c) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
lock and dam referred to in subsection (b) shall be deemed to
be a reference to the ``Thad Cochran Lock and Dam''.
SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
Section 1179(a) of the Water Resources Development Act of
2016 (130 Stat. 1675; 132 Stat. 3782) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting ``project purposes,
including'' before ``storage capacity''; and
(B) in subparagraph (C), by striking ``preliminary'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (6) through (11), respectively; and
(4) by inserting after paragraph (3) the following:
``(4) Justification.--In determining the economic
justification of a sediment management plan under paragraph
(2), the Secretary shall--
``(A) measure and include flooding, erosion, and accretion
damages both upstream and downstream of the reservoir that
are likely to occur as a result of sediment management within
the reservoir compared to the damages that are likely to
occur if the sediment management plan is not implemented; and
``(B) include lifecycle costs and a 100-year period of
analysis.
``(5) Implementation.--As part of a sediment management
plan under paragraph (2), and in accordance with paragraph
(10), the Secretary may carry out sediment removal activities
at reservoirs owned and operated by the Secretary in the
Upper Missouri River Basin, or at reservoirs for which the
Secretary has flood control responsibilities under section 7
of the Act of December 22, 1944 (33 U.S.C. 709), in the Upper
Missouri River Basin, in accordance with section 602 of the
Water Resources Development Act of 1986 (100 Stat. 4148; 110
Stat. 3758; 113 Stat. 295; 121 Stat. 1076) as if those
reservoirs were listed in subsection (a) of that section.''.
SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
The Secretary shall expedite the activities required to be
carried out under section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326) regarding the use of
improvement dredging of the Portsmouth Federal navigation
project in Portsmouth, New Hampshire, carried out pursuant to
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), as
a source of clean beach fill material to reinforce the stone
revetment at Nantasket Beach, Hull, Massachusetts.
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW
JERSEY.
The Secretary shall--
(1) nullify the determination of the North Atlantic
Division of the Corps of Engineers that further activities to
carry out the feasibility study for a project for flood risk
management, Rahway, New Jersey, authorized by the resolution
of the Committee on Transportation and Infrastructure of the
House of Representatives adopted on March 24, 1998 (docket
number 2548), is not warranted;
(2) identify an acceptable alternative to the project
described in paragraph (1) that could receive Federal
support; and
(3) carry out, and expedite the completion of, a
feasibility study for the acceptable alternative identified
under paragraph (2).
SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.
(a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140
(43 U.S.C. 620a note) is amended by striking ``a total of two
hundred thousand acre-feet of''.
(b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of
Public Law 100-522 (43 U.S.C. 620a note) is amended--
(1) by striking ``200,000 acre-feet of'';
(2) by inserting ``and San Juan-Chama project'' after ``Rio
Grande system''; and
(3) by striking ``, in lieu of the water storage authorized
by section 5 of Public Law 97-140, to the extent that
contracting entities under section 5 of Public Law 97-140 no
longer require such storage''.
(c) Water Storage.--The Secretary shall--
(1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam,
New Mexico, to the extent that the necessary real property
interests have been acquired by any entity requesting such
storage; and
(2) amend the March 20, 1986, contract between the United
States of America and the Albuquerque Bernalillo County Water
Utility Authority (assigned by the City of Albuquerque, New
Mexico to the Albuquerque Bernalillo County Water Utility
Authority) for water storage space in Abiquiu Reservoir to
allow for storage by the Albuquerque Bernalillo County Water
Utility Authority of San Juan-Chama project water or native
Rio Grande system water up to elevation 6230.00 NGVD29.
(d) Storage Agreements With Users Other Than the
Albuquerque Bernalillo County Water Utility Authority.--The
Secretary shall--
(1) retain or enter into new agreements with entities for a
proportionate allocation of 29,100 acre-feet of storage space
pursuant to section 5 of Public Law 97-140; and
(2) amend or enter into new storage agreements for storage
of San Juan-Chama project water or native Rio Grande system
water up to the space allocated for each entity's
proportionate share of San Juan-Chama water.
(e) Operations Documents.--The Secretary shall amend or
revise any existing operations documents, including the Water
Control Manual or operations plan for Abiquiu Reservoir, as
necessary to meet the requirements of this section.
(f) Limitations.--In carrying out this section, the
following limitations shall apply:
(1) The storage of native Rio Grande system water shall be
subject to the provisions of the Rio Grande Compact and the
resolutions of the Rio Grande Compact Commission.
(2) The storage of native Rio Grande system water shall
only be authorized to the extent that the necessary water
ownership and storage rights have been acquired by the entity
requesting such storage.
(3) The storage of native Rio Grande system water or San-
Juan Chama project water shall not interfere with the
authorized purposes of the Abiquiu Dam and Reservoir project.
(4) Each user of storage space, regardless of source of
water, shall pay for any increase in costs attributable to
storage of that user's water.
SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL,
NEW YORK.
(a) In General.--The portion of the project for navigation,
Flushing Bay and Creek, New York, authorized by the first
section of the Act of March 3, 1905 (chapter 1482, 33 Stat.
1120; 52 Stat. 803; 76 Stat. 1174), described in subsection
(b) is no longer authorized beginning on the date of
enactment of this Act.
(b) Portion Described.--The portion referred to in
subsection (a) is the portion from river mile 2.5 to river
mile 2.9, as bounded by--
(1) the coordinates of--
(A) Latitude North 40 45' 45.61'' Longitude West 73 50'
20.19'';
(B) Latitude North 40 45' 47.02'' Longitude West 73 50'
10.80'';
(C) Latitude North 40 45' 26.71'' Longitude West 73 50'
10.85''; and
(D) Latitude North 40 45' 26.72'' Longitude West 73 50'
10.96''; and
(2) the New York Long Island State Plane (US Survey Feet,
NAD-83), as follows:
(A) Easting x1028866.501 Northing y217179.294;
(B) Easting x1029588.853 Northing y217322.675;
(C) Easting x1029588.853 Northing y215267.486; and
(D) Easting x1028964.587 Northing y215267.486.
SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH
DAKOTA.
(a) In General.--The portion of the comprehensive plan for
flood control and other purposes in the Red River of the
North drainage basin, North Dakota, South Dakota, and
Minnesota, authorized by section 203 of the Flood Control Act
of 1948 (62 Stat. 1177; 64 Stat. 176), consisting of clearing
and rectification of the channel from mile 28.3 near Amenia
to the mouth of the Rush River, known as Cass County Drain
No. 12, is no longer authorized beginning on the date of
enactment of this Act.
(b) Lower Branch Rush River.--The project for flood
control, Lower Branch Rush River, North Dakota, carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), known as Cass County Drain No. 2, is no longer
authorized beginning on the date of enactment of this Act.
[[Page H6964]]
SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH
HILL COVE, RHODE ISLAND AND CONNECTICUT.
Beginning on the date of enactment of this Act, that
portion of the project for navigation, Pawcatuck River,
Little Narragansett Bay and Watch Hill Cove, Rhode Island and
Connecticut, authorized by section 2 of the Act of March 2,
1945 (chapter 19, 59 Stat. 13), consisting of a 10-foot-deep,
16-acre anchorage area in Watch Hill Cove is no longer
authorized.
SEC. 341. HARRIS COUNTY, TEXAS.
Section 575 of the Water Resources Development Act of 1996
(110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
SEC. 342. CAP SANTE WATERWAY, WASHINGTON.
Beginning on the date of enactment of this Act, the project
for navigation, Cap Sante Waterway and Navigation Channel,
Skagit County, Washington, authorized by the Act of March 2,
1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize
the portion of the project consisting of an approximately
334,434-foot area of the Federal channel within Anacortes
Harbor inside and directly adjacent to the Federal breakwater
and training wall structure, starting at a point with
coordinates N557015.552, E1210819.619, thence running S88
13'2.06''E approximately 200 feet to a point with coordinates
N557009.330, E1211019.522, thence running S01 46'58.08''W
approximately 578 feet to a point with coordinates
N556431.405, E1211001.534, thence running S49 49'50.23''W
approximately 69 feet to a point with coordinates
N556387.076, E1210949.002, thence running S51 53'0.25''E
approximately 35 feet to a point with coordinates
N556365.662, E1210976.316, thence running S49 38'58.48''W
approximately 112 feet to a point with coordinates
N556292.989, E1210890.775, thence running N88 13'1.87''W
approximately 109 feet to a point with coordinates
N556296.367, E1210782.226, thence running S46 46'58.97''W
approximately 141 feet to a point with coordinates
N556199.527, E1210679.164, thence running N88 13'1.77''W
approximately 700 feet to a point with coordinates
N556221.305, E1209979.502, thence running N01 46'58.08''E
approximately 250 feet to a point with coordinates
N556471.184, E1209987.280, thence running S88 13'1.77''E
approximately 815 feet to a point with coordinates
N556445.828, E1210801.886, thence running N01 46'58.08''E
approximately 570 feet to the point of origin.
SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
Section 1119(b) of the Water Resources Development Act of
2018 (33 U.S.C. 2347 note) is amended by striking ``owned or
operated by the Secretary''.
SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF
ENVIRONMENT.
Section 1203(g) of the Water Resources Development Act of
2018 (132 Stat. 3805) is amended, in the matter preceding
paragraph (1), by striking ``For fiscal years 2019 and 2020''
and inserting ``Until September 30, 2024''.
SEC. 345. AQUATIC ECOSYSTEM RESTORATION.
For fiscal years 2021 through 2024, in carrying out section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), the Secretary shall give priority to a project to
restore and protect an aquatic ecosystem or estuary that--
(1) is located in the South Platte River Basin;
(2) is located on a body of water that is identified by the
applicable State pursuant to section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)) as being
impaired;
(3) has the potential to provide flood risk management and
recreational benefits in addition to ecosystem restoration
benefits; and
(4) is located in a city with a population of 80,000 or
less.
SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE
AGREEMENTS.
Section 1046(c)(3) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is
amended by striking ``12'' and inserting ``16''.
SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.
Section 1149 of the Water Resources Development Act of 2016
(33 U.S.C. 1223 note) amended--
(1) by striking ``recreational'' in each place it appears
and inserting ``covered''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Covered navigation channel.--The term `covered
navigation channel' means a navigation channel that--
``(A) is federally marked or maintained;
``(B) is part of the Atlantic Intracoastal Waterway; and
``(C) is adjacent to a marina.
``(2) Covered vessel.--The term `covered vessel' means a
recreational vessel or an uninspected passenger vessel, as
such terms are defined in section 2101 of title 46, United
States Code.''.
SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS
RIVER BASIN.
(a) Definition of Covered Contract.--In this section, the
term ``covered contract'' means a contract between any local
governmental entity and the Secretary for water supply
storage in a Federal or non-Federal hydropower lake within
the Arkansas River Basin.
(b) Limitation.--For any new covered contract for a
hydropower lake that is entered into during the period
beginning on the date of enactment of this Act and ending on
December 31, 2022, a local governmental entity shall not pay
more than 110 percent of the initial principal cost for the
acre-feet being sought for the new covered contract for that
hydropower lake.
SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO
CERTAIN CONTRACT CLAIMS.
In a case in which the Armed Services Board of Contract
Appeals or other court of competent jurisdiction has rendered
a decision during the period beginning on December 1, 2017,
and ending on December 31, 2022, awarding damages to a
contractor relating to the adjudication of claims arising
from the construction of an authorized water resources
development project, notwithstanding the terms of the Project
Partnership Agreement, the Secretary shall waive payment of
the share of the non-Federal interest of those damages,
including attorney's fees, if--
(1)(A) the contracting officer was instructed by the Corps
of Engineers to modify the terms of the contract or terminate
the contract; and
(B) the Armed Services Board of Contract Appeals or other
court of competent jurisdiction determined that the failure
of the contracting officer to timely take the action
described in subparagraph (A) was a material breach of the
contract that resulted in damages to the contractor awarded
by the Armed Services Board of Contract Appeals or the court,
as applicable; or
(2) the claims arose from construction of a project
deauthorized under this title.
SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.
Section 322 of the Water Resources Development Act of 1990
(33 U.S.C. 2324) is amended--
(1) in subsection (b), by striking ``2,000,000'' and
inserting ``3,000,000''; and
(2) in subsection (g)--
(A) by striking the period at the end and inserting ``;
or'';
(B) by striking ``means a community'' and inserting the
following: ``means--
``(1) a community''; and
(C) by adding at the end the following:
``(2) a regional water system that serves a population of
less than 100,000, for which the per capita income is less
than the per capita income of not less than 50 percent of the
counties in the United States.''.
SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k) of the Water Resources Development Act of
1986 (33 U.S.C. 2213) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Renegotiation of terms.--
``(A) In general.--At the request of a non-Federal
interest, the Secretary and the non-Federal interest may
renegotiate the terms and conditions of an eligible deferred
payment, including--
``(i) permitting the non-Federal contribution to be made
without interest, pursuant to paragraph (1);
``(ii) recalculation of the interest rate;
``(iii) full or partial forgiveness of interest accrued
during the period of construction; and
``(iv) a credit against construction interest for a non-
Federal investment that benefits the completion or
performance of the project or separable element.
``(B) Eligible deferred payment.--An eligible deferred
payment agreement under subparagraph (A) is an agreement for
which--
``(i) the non-Federal contribution was made with interest;
``(ii) the period of project construction exceeds 10 years
from the execution of a project partnership agreement or
appropriation of funds; and
``(iii) the construction interest exceeds $45,000,000.
``(3) Credit for non-federal contribution.--
``(A) In general.--The Secretary is authorized to credit
any costs incurred by the non-Federal interest (including in-
kind contributions) to remedy a design or construction
deficiency of a covered project or separable element toward
the non-Federal share of the cost of the covered project, if
the Secretary determines the remedy to be integral to the
completion or performance of the covered project.
``(B) Credit of costs.--If the non-Federal interest incurs
costs or in-kind contributions for a project to remedy a
design or construction deficiency of a project or separable
element which has a 100 percent Federal cost share, and the
Secretary determines the remedy to be integral to the
completion or performance of the project, the Secretary is
authorized to credit such costs to any interest accrued on a
deferred non-Federal contribution.
``(4) Treatment of pre-payment.--Notwithstanding a deferred
payment agreement with a non-Federal interest, the Secretary
shall accept, without interest of any type, the repayment of
a non-Federal contribution for any eligible deferred payment
described in paragraph (2)(B) for which--
``(A) the non-Federal interest makes a payment of at least
$200 million for that eligible deferred payment agreement on
or before September 30, 2021; and
``(B) the non-Federal interest repays the remaining
principal by September 30, 2023.''.
[[Page H6965]]
SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the
project modifications described in this section are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282d), titled
``Report to Congress on Future Water Resources Development'',
or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Sacramento area, california.--Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1840) is amended to read as follows:
``(23) Sacramento area, california.--$45,000,000 for
regional water conservation, recycling, reliability, and
resiliency projects in Placer, El Dorado, and Sacramento
Counties and the San Juan Suburban Water District,
California.''.
(2) South perris, california.--Section 219(f)(52) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220) is amended by striking
``$25,000,000'' and inserting ``$50,000,000''.
(3) Madison and st. clair counties, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is
amended by striking ``$10,000,000'' and inserting
``$45,000,000''.
(4) Southern and eastern kentucky.--Section 531 of the
Water Resources Development Act of 1996 (110 Stat. 3773; 113
Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended--
(A) in subsection (g), by inserting ``Boyd, Carter,
Elliott, Lincoln,'' after ``Lee,''; and
(B) in subsection (h), by striking ``$40,000,000'' and
inserting ``$100,000,000''.
(5) Desoto county, mississippi.--Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat.
2257; 122 Stat. 1623) is amended by striking ``$75,000,000''
and inserting ``$130,000,000''.
(6) Jackson county, mississippi.--Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
(A) in subsection (c)(5), by striking ``water supply and''
and inserting ``water supply, projects for stormwater and
drainage systems, and''; and
(B) in subsection (e)(1), by striking ``$32,500,000'' and
inserting ``$57,500,000''.
(7) St. louis, missouri.--Section 219(f)(32) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
337; 121 Stat. 1233) is amended by striking ``$35,000,000''
and inserting ``$70,000,000''.
(8) Midwest city, oklahoma.--Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1266) is amended by striking
``$2,000,000'' and inserting ``$5,000,000''.
(9) South central pennsylvania.--Section 313 of the Water
Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat.
1146) is amended--
(A) in subsection (g)(1), by striking ``$200,000,000'' and
inserting ``$400,000,000''; and
(B) in subsection (h)(2), by inserting ``Beaver,
Jefferson,'' after ``Washington,''.
(10) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117
Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is amended by
striking ``$89,550,000'' and inserting ``$110,000,000''.
(11) El paso county, texas.--Section 219(f)(269) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1268) is amended by striking
``$25,000,000'' and inserting ``$75,000,000''.
(12) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is
amended--
(A) by striking the section heading and inserting ``western
rural water.'';
(B) in subsection (b), by inserting ``Arizona,'' before
``rural Idaho'';
(C) in subsection (c), by inserting ``Arizona,'' before
``Idaho''; and
(D) in subsection (i), by striking ``for the period
beginning with fiscal year 2001, $435,000,000, to remain
available until expended.'' and inserting the following: ``,
to remain available until expended--
``(1) for the period beginning with fiscal year 2001,
$435,000,000 for Idaho, Montana, rural Nevada, New Mexico,
rural Utah, and Wyoming; and
``(2) $150,000,000 for Arizona.''.
(13) Central west virginia.--Section 571(h) of the Water
Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
1257) is amended by striking ``$20,000,000'' and inserting
``$100,000,000''.
(14) Southern west virginia.--Section 340(g) of the Water
Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
3727; 113 Stat. 320) is amended by striking ``$40,000,000''
and inserting ``$120,000,000''.
(c) Lowell Creek Tunnel, Seward, Alaska.--Section
5032(a)(2) of the Water Resources Development Act of 2007
(Public Law 110-114, 121 Stat. 1205) is amended by striking
``15'' and inserting ``20''.
(d) Cape Arundel Disposal Site, Maine.--Section 1312 of the
Water Resources Development Act of 2018 (132 Stat. 3821) is
amended by striking ``December 31, 2021'' and inserting
``September 30, 2024''.
SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.
(a) Water Supply.--The following project modifications for
water supply, as identified in the report entitled ``Report
to Congress on Future Water Resources Development'' dated
February 2019, and submitted to Congress on June 3, 2019,
pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress, are authorized to be carried out by the
Secretary substantially in accordance with the
recommendations included in such report pursuant to section
301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c))
and as follows:
(1) Clarence cannon dam and mark twain lake project, salt
river, missouri.--
(A) In general.--The project for Clarence Cannon Dam and
Mark Twain Lake Project, Salt River, Missouri, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1189;
79 Stat. 1089; 95 Stat. 1684), is modified to release 5,600
acre-feet of future use water supply storage to the Federal
Government under water supply contract No. DACW43-88-C-0036,
and future financial obligations for such volume of storage.
(B) Relief of certain obligations.--Upon execution of the
amendment required by subparagraph (C), the State of Missouri
shall be relieved of the obligation to pay the percentage of
the annual operation and maintenance expense, the percentage
of major replacement cost, and the percentage of major
rehabilitation costs, of the joint use facilities of the
project described in subparagraph (A), that are attributable
to water supply storage space not being used by the State
during the period before the State commences use of the
storage space.
(C) Amendment to contract.--The Secretary shall amend Water
Supply Contract No. DACW43-88-C-0036, dated March 10, 1988,
between the United States and the State of Missouri, to
implement the modifications required under subparagraphs (A)
and (B).
(2) City of plattsburg.--
(A) In general.--The project for Smithville Lake, Missouri,
authorized pursuant to section 204 of the Flood Control Act
of 1965 (79 Stat. 1080), is modified to release the City of
Plattsburg, Missouri, from--
(i) 8,850 acre-feet of future water supply storage
contracts; and
(ii) future financial obligations for the volume of storage
described in clause (i).
(B) Amendment to contract.--The Secretary shall amend water
supply contract No. DACW41-73-C-0008, between the United
States and the State of Missouri, to implement the
modifications under subparagraph (A).
(3) City of smithville.--
(A) In general.--The project for Smithville Lake, Missouri,
authorized pursuant to section 204 of the Flood Control Act
of 1965 (79 Stat. 1080), is modified to release the City of
Smithville, Missouri, from--
(i) 6,000 acre-feet of future water supply storage
contracts; and
(ii) future financial obligations for the volume of storage
described in clause (i).
(B) Amendment to contract.--The Secretary shall amend water
supply contract No. DACW-41-73-C-0007, between the United
States and the State of Missouri, to implement the
modifications under subparagraph (A).
(b) Flood Risk Management.--The following project
modifications for flood risk management, as identified in a
report entitled ``Report to Congress on Future Water
Resources Development'', and submitted to Congress pursuant
to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary:
(1) Modification of the project for flood risk management,
lower Mississippi River, authorized by the Act of May 15,
1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf
River Backwater and Nonconnah Creek levee systems into the
project, authorized by section 5 of the Act of June 22, 1936
(chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to the
determination of the Secretary that such systems meet all
requirements applicable to such project.
(2) Modification of the project for flood risk management,
Red River below Denison Dam, Arkansas, Louisiana, and Texas,
authorized by the Act of June 28, 1938 (chapter 795, 52 Stat.
1219), to incorporate the Cherokee Park Levee into the
project, subject to the determination of the Secretary that
such levee meets all requirements applicable to such project.
SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.
(a) Expedited Completions.--
(1) Upper snake river basin.--The Secretary shall expedite,
in coordination with State, Tribal, and local authorities,
the completion of maintenance and repair activities for those
elements of the levee systems in the Upper Snake River Basin,
authorized pursuant to the Flood Control Act of 1950 (64
Stat. 179), that are operated and maintained by the
Secretary.
(2) Lower missouri river basin.--The Secretary shall
expedite, in coordination with State and local authorities
and stakeholders, the completion of maintenance and repair
activities for those elements of the levee systems in the
Lower Missouri River Basin, authorized pursuant to the Pick-
Sloan Missouri River Basin Program (authorized by section
9(b) of the Act of December 22, 1944 (chapter 665, 58 Stat.
891)) or the Missouri
[[Page H6966]]
River Bank Stabilization and Navigation project (authorized
by section 2 of the Act of March 2, 1945 (chapter 19, 59
Stat. 19)), that are operated and maintained by the
Secretary.
(3) Coos bay north jetty system, oregon.--The Secretary
shall expedite, in coordination with State and local
authorities and stakeholders, the completion of maintenance
and repair activities for those elements of the Coos Bay
North Jetty system, Oregon, authorized by the first section
of the Act of January 21, 1927 (chapter 47, 44 Stat. 1014),
that are operated and maintained by the Secretary.
(4) Indian river inlet and bay, delaware.--The Secretary
shall expedite, in coordination with State and local
authorities, the completion of maintenance and repair
activities for the elements of the project for navigation,
Indian River Inlet and Bay, Delaware, authorized by the Act
of August 26, 1937 (chapter 832, 50 Stat. 846), that are
operated and maintained by the Secretary.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to comply with the
requirements of any Federal law in carrying out the
activities required to be expedited by this section.
SEC. 355. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) Muddy river, massachusetts.--The separable elements for
ecosystem restoration of the project for flood damage
reduction and environmental restoration, Muddy River,
Brookline and Boston, Massachusetts, authorized by section
522 of the Water Resources Development Act of 2000 (114 Stat.
2656), and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1345), are authorized to be carried out by the Secretary,
subject to subsection (b).
(2) East chester creek, new york.--Notwithstanding section
1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579a), the project for navigation, East Chester Creek,
New York, authorized by section 101 of the River and Harbor
Act of 1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized
pursuant to section 1001 of the Water Resources Development
Act of 1986 (33 U.S.C. 579(a)), is authorized to be carried
out by the Secretary, subject to subsection (b).
(3) Christiansted harbor, united states virgin islands.--
Notwithstanding section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4221), the portion of the
project for navigation, Christiansted Harbor, St. Croix,
United States Virgin Islands, authorized by section 101 of
the River and Harbor Act of 1950 (64 Stat. 167), and
deauthorized under section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4221), is authorized to be
carried out by the Secretary, subject to subsection (b).
(4) Charlotte amalie (st. thomas) harbor, united states
virgin islands.--Notwithstanding section 1002 of the Water
Resources Development Act of 1986 (100 Stat. 4221), the
portion of the project for navigation, Charlotte Amalie (St.
Thomas) Harbor, St. Thomas, United States Virgin Islands,
authorized by the Act of August 26, 1937 (chapter 832, 50
Stat. 850), and deauthorized under section 1002 of the Water
Resources Development Act of 1986 (100 Stat. 4221), is
authorized to be carried out by the Secretary, subject to
subsection (b).
(b) Report to Congress.--The Secretary shall complete and
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a post-
authorization change report (as such term is defined in
section 1132(d) of the Water Resources Development Act of
2016 (33 U.S.C. 2282e(d)) prior to carrying out a project
identified in subsection (a).
SEC. 356. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
(b) Eufaula, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Eufaula, Alabama, all right, title, and interest
of the United States in and to the real property described in
the Department of the Army Lease No. DACW01-2-17-0747,
containing 56.76 acres, more or less, and being a part of
Tracts L-1268 (26.12 acres), L-1273 (13.71 acres), L-1278
(6.75 acres), and L1279 (10.36 acres) of the Walter F. George
Lock and Dam and Lake project.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The City of Eufaula, Alabama, shall pay
to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection,
as determined by the Secretary.
(c) Montgomery, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Montgomery, Alabama, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the 62.38
acres of land and water under the primary jurisdiction of the
Secretary in the R.E. ``Bob'' Woodruff Project Area that is
covered by lease number DACW01-1-05-0037, including the
parcels and structure known as ``Powder Magazine''.
(3) Deadline.--To the extent practicable, the Secretary
shall complete the conveyance under this subsection by not
later than 180 days after the date of enactment of this Act.
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, to include retaining the
right to inundate with water any land transferred under this
subsection.
(5) Consideration.--The City of Montgomery, Alabama, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection,
as determined by the Secretary.
(d) Conveyance of Wilmington Harbor North Disposal Area,
Delaware.--
(1) In general.--As soon as practicable, the Secretary
shall complete the conveyance of the Wilmington Harbor North
Disposal Area confined disposal facility, Delaware, to the
State of Delaware.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The State of Delaware shall pay to the
Secretary an amount that is not less than the fair market
value of the property conveyed under this subsection, as
determined by the Secretary.
(e) Ohio River Lock and Dam Number 52, Massac County,
Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to
the Massac-Metropolis Port District, Illinois, all right,
title, and interest of the United States in and to any real
property located north of the south bank of the Ohio River in
Massac County, Illinois, that is associated with the Ohio
River Lock and Dam 52.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) Consideration.--The Massac-Metropolis Port District,
Illinois, shall pay to the Secretary an amount that is not
less than fair market value of the property conveyed under
this subsection, as determined by the Secretary.
(f) Upper St. Anthony Falls Lock and Dam, Minneapolis,
Minnesota.--
(1) Conveyance authorized.--As soon as practicable after
the date of enactment of this Act, the Secretary shall, upon
request--
(A) convey, without consideration, to the City of
Minneapolis, Minnesota, or its designee, all or substantially
all of the real property owned by the United States adjacent
to or in the vicinity of the Upper St. Anthony Falls Lock and
Dam, subject to the right of the Secretary to retain any
easements in such property solely to the extent necessary to
continue to operate and maintain the Upper St. Anthony Falls
Lock and Dam; and
(B) provide, without consideration, to the City or its
designee--
(i) access and use rights by license, easement, or similar
agreement, to any real property and structures at the site of
the Upper St. Anthony Falls Lock and Dam that is not conveyed
under subparagraph (A); and
(ii) for any such property retained by the Secretary,
exclusive license or easement over such property to allow the
City or its designee to construct, use, and operate amenities
thereon, and to utilize such property as a comprehensive
recreational, touristic, and interpretive experience.
(2) Ownership and operation of lock and dam.--Ownership
rights to the Upper St. Anthony Falls Lock and Dam shall not
be conveyed under this subsection, and the Secretary shall
retain all rights to operate and maintain the Upper St.
Anthony Falls Lock and Dam.
(3) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(4) Upper st. anthony falls lock and dam defined.--In this
subsection, the term ``Upper St. Anthony Falls Lock and Dam''
means the lock and dam located on Mississippi River Mile
853.9 in Minneapolis, Minnesota.
(g) Clinton, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton,
[[Page H6967]]
Missouri, without consideration, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is a tract of
land situated in the S \1/2\ of Section 12 and the N \1/2\ of
Section 13, Township 41 North, Range 26 West of the Fifth
Principal Meridian, Henry County, Missouri, more particularly
described as follows: Beginning at the point of intersection
of the north line of said S \1/2\ of Section 12 and the
easterly right-of-way of State Highway No. 13; thence
easterly along the north line of said S \1/2\ to the
northeast corner of the W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ of
said Section 12; thence southerly along the east line of said
W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ to the southeast corner
thereof; thence easterly along the north line of the S \1/2\
NE \1/4\ SW \1/4\ of said Section 12 to the southwest corner
of the W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\ of said Section 12;
thence in a northeasterly direction to the northeast corner
of said W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\ ; thence easterly
along the north line of said S \1/2\ to the westerly right-
of-way of the County Road; thence in a southeasterly and
southerly direction along the westerly right-of-way of said
County Road approximately 2500 feet to the center of Deer
Creek; thence in a southwesterly direction along the center
of said Deer Creek, approximately 3900 feet to the south line
of said N \1/2\ of Section 13; thence westerly along the
south line of said N \1/2\ to the easterly right-of-way line
of the St. Louis-San Francisco Railroad; thence in a
northwesterly direction along the easterly right-of-way of
said railroad to the easterly right-of-way of said State
Highway No. 13; thence in a northeasterly direction along the
easterly right-of-way of said State Highway No. 13 to the
point of the beginning; and including a roadway easement for
ingress and egress, described as a strip of land 80 feet in
width, lying 40 feet on each side of the following described
line, the initial extremities of the following described
strip being extended or reduced as required to exactly adjoin
the boundary lines which they meet, situated in the S \1/2\
of Section 12, Township 41 North Range 26 West of the Fifth
Principal Meridian, Henry County, Missouri, more particularly
described as follows: Commencing at the center of said
Section 12, thence Sl24'56''W, 1265.52 feet to a point,
thence N8829'02''W, 483.97 feet to the point of beginning of
the strip of land herein described; thence in a northeasterly
direction along a curve to the right, said curve having an
initial tangent bearing of N344'4l''E, a radius of 238.73
feet and an interior angle of 6129'26'', an arc distance of
256.21 feet to a point; thence N6514'07''E 218.58 feet to a
point; thence in a northeasterly direction along a curve to
the left, having a radius of 674.07 feet and an interior
angle of 3600'01'', an arc distance of 423.53 feet to a
point; thence N2914'07''E, 417.87 feet to a point; thence
northeasterly along a curve to the right, having a radius of
818.51 feet and an interior angle of 1430'01'', an arc
distance of 207.15 feet to a point; thence N4344'07''E,
57.00 feet to the southerly right-of-way line of a county
road, containing 2,948 acres, more or less; Excluding
therefrom a tract of land situated in the S \1/2\ of said
Section 12, said Township and Range, described as commencing
at the center of said Section 12; thence S124'56''W, 1265.52
feet to the point of beginning of the tract of land herein
described; thence N8829'02''W, 1122.50 feet; thence
S143'26''W, 872.62 feet; thence S8829'02''E, 1337.36 feet;
thence Nl43'26''E, 872.62 feet; thence N8829'02''W, 214.86
feet to the point of beginning, containing 26.79 acres, more
or less. The above described tract contains, in the
aggregate, 177.69 acres, more or less.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used for
a public purpose, all right, title, and interest in and to
the property shall revert, at the discretion of the
Secretary, to the United States.
(h) City of Clinton, Old Orchard Addition, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton, Missouri, all right, title, and interest
of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is Lot 28 in Old
Orchard Addition, a subdivision of the City of Clinton, Henry
County, Missouri, containing 0.36 acres, more or less,
including any improvements thereon.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including such
reservations, terms, and conditions as the Secretary
determines necessary to allow the United States to operate
and maintain the Harry S. Truman Reservoir Project.
(4) Consideration.--The City of Clinton, Missouri, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection,
as determined by the Secretary.
(i) Tri-County Levee District, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the Tri-County Levee District, Missouri, all right, title,
and interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the part of
Sections 1 and 12 Township 45 North Range 6 West of the 5th
P.M. in Montgomery County, Missouri, described as follows: A
tract of land being 60' wide and lying South and East of and
adjoining the centerline of the existing levee and being
described as follows: Commencing at the NW corner of Section
12, thence S 87 52' 35'' E 587.4', thence S 01 29' 25'' W
453.68' to the point of the beginning; said point being in
the center of the levee, thence with the centerline of the
levee N 77 01' 30'' E 164.92', thence N 74 26' 55'' E
250.0', thence N 72 27' 55'' E 270.0', thence N 69 06' 10''
E 300.0', thence N 66 42' 15'' E 500.0', thence N 64 14'
30'' E 270.0', thence N 61 09' 10'' E 800.0', thence N 60
58' 15'' E 1724.45', thence leaving the centerline S 01 10'
35'' W 69.43', thence parallel with the above described
centerline S 60 58' 15'' W 1689.62', thence S 61 09' 10'' W
801.71', thence S 64 14' 30'' W 272.91', thence S 66 42'
15'' W 502.55', thence S 69 06' 10'' W 303.02', thence S 72
27' 55'' W 272.8', thence S 74 26' 55'' W 252.39', thence S
77 01' 30'' W 181.75', thence leaving the South side of the
levee N 01 26' 25'' E 61.96' to the point of beginning and
containing 5.89 acres more or less.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Tri-County Levee District,
Missouri, shall pay to the Secretary an amount that is not
less than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(j) Judge Joseph Barker, Jr., House, Ohio.--
(1) Non-federal entity.--In this subsection, the term
``non-Federal entity'' means the Friends of Joseph Barker,
Jr., House, a nonprofit organization in the State of Ohio.
(2) Conveyance authorized.--
(A) In general.--Subject to paragraph (6), the Secretary
shall convey to the non-Federal entity, without
consideration, all right, title, and interest of the United
States in and to the property described in paragraph (3)(A).
(B) Easement.--Upon conveyance of the property under
subparagraph (A), the Secretary shall provide to the non-
Federal entity, without consideration, an easement over the
property described in paragraph (3)(B) for access to the
conveyed property for as long as the non-Federal entity is in
legal possession of the conveyed property.
(3) Descriptions of property.--
(A) In general.--The property referred to in paragraph
(2)(A) is the following (as in existence on the date of
enactment of this Act):
(i) Judge joseph barker, jr., house.--The tract of land
situated in the State of Ohio, Washington County, on the Ohio
River, and being particularly bounded and described as
follows: Beginning at a point located on the southern right-
of-way line of Ohio Route 7, a new corner to the land now or
formerly owned by the United States of America; thence,
leaving the right-of-way of said Route 7 and severing the
land of said United States of America parallel to and
approximately 10 feet easterly of the toe of the existing
dredge disposal berm, southeasterly approximately 326 feet to
a point prior to the current Corps of Engineers access to the
dredging spoil area; thence, northeasterly approximately 480
feet paralleling the top of the slope to the riverbank side
of the house and approximately 25 feet northerly therefrom;
thence, northwest approximately 302 feet to a point in the
southern right-of-way of Ohio Route 7; thence with the right-
of-way of said Route 7, southwesterly approximately 485 feet
to the point of beginning, containing approximately 3.51
acres.
(ii) Road tract.--The tract of land situated in the State
of Ohio, Washington County, on the Ohio River, and being
particularly bounded and described as follows: Beginning at a
point located on the southern right-of-way line of Ohio Route
7, a new corner to the land now or formerly owned by the
United States of America; thence, leaving the right-of-way of
said Route 7 and severing the land of said United States of
America and with the House Parcel southeasterly 25 feet;
thence, northeast, running parallel to said Route 7 right-of-
way, approximately 994 feet to a point of deflection; thence
northeasterly 368 feet to a point beyond the existing fence
corner; thence, east 140 feet to the edge of the existing
Willow Island access road; thence with said access road,
northwesterly approximately 62 feet to a point in the
southern right-of-way of Ohio Route 7; thence with the right-
of-way of said Route 7, southwesterly approximately 1,491
feet to the point of beginning, containing approximately 1
acre.
(B) Easement.--The property referred to in paragraph (2)(B)
is the following: The tract of land situated in the State of
Ohio, Washington County, on the Ohio River, and being
particularly bounded and described as follows: Beginning at a
point at the intersection of the southern right-of-way of
Ohio Route 7 and the northeast side of the existing Willow
Island access road, a new corner to the land now or formerly
owned by the United States of America; thence, southwest,
running with said Route 7 right-of-way, approximately 30 feet
to a point on the southwest side of the existing access road,
and
[[Page H6968]]
corner to the road tract; thence with said access road and
the line of the road parcel, southeasterly approximately 62
feet to a point; thence leaving the road parcel and crossing
the existing access road northeasterly approximately 30 feet
to a point located on the northeast side of the existing
access road; thence, northwesterly approximately 62 feet, to
the point of beginning, containing approximately 0.04 acre.
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(5) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used by
the non-Federal entity for a public purpose, all right,
title, and interest in and to the property shall revert, at
the discretion of the Secretary, to the United States.
(6) Requirements.--
(A) Improvements.--The Secretary shall make such
improvements and alterations to the property described in
paragraph (3)(A)(i) as the Secretary, in consultation with
the non-Federal entity and relevant stakeholders, determines
to be appropriate to facilitate conveyance of the property
and provision of the easement under this subsection, subject
to the condition that the total cost of those improvements
and alterations undertaken by the Secretary shall be not more
than $120,000.
(B) Environmental assessment.--Before making a conveyance
under paragraph (2), the Secretary shall--
(i) conduct, with respect to the property to be conveyed,
an assessment of the environmental condition of the property,
including an investigation of any potential hazardous, toxic,
or radioactive waste present on such property; and
(ii) submit to the non-Federal entity a report describing
the results of such assessment.
(C) Refusal by non-federal entity.--
(i) In general.--Upon review by the non-Federal entity of
the report under subparagraph (B), the non-Federal entity may
elect to refuse the conveyance under this subsection.
(ii) Election.--An election under clause (i)--
(I) shall be at the sole discretion of the non-Federal
entity; and
(II) shall be made by the non-Federal entity by not later
than the date that is 30 days after the date of submission of
the report under subparagraph (B)(ii).
(D) Dredged material placement activities.--The Secretary
shall--
(i) notify and coordinate with the non-Federal entity and
relevant stakeholders before carrying out any dredged
material placement activities associated with the property
described in paragraph (3)(A) after the date on which such
property is conveyed under this subsection; and
(ii) in carrying out a dredged material placement activity
under clause (i), act in accordance with Engineer Manual EM
1110-2-5025 (or a subsequent version of that manual).
(7) Reservation of rights.--The Secretary may reserve and
retain from any conveyance under this subsection a right-of-
way or any other right that the Secretary determines to be
necessary for the operation and maintenance of the authorized
Federal channel along the Ohio River.
(8) Treatment.--Conveyance to the non-Federal entity under
this subsection of property described in paragraph (3)(A)(i)
shall satisfy all obligations of the Secretary with respect
to such property under--
(A) section 306101 of title 54, United States Code; and
(B) section 306108 of title 54, United States Code, with
respect to the effects on the property of dredged material
placement activities carried out by the Secretary after the
date of the conveyances.
(9) Inapplicability.--Subtitle I of title 40, and chapter 4
of title 41, United States Code shall not apply to any
conveyance or easement provided under this subsection.
(k) Leaburg Fish Hatchery, Lane County, Oregon.--
(1) Conveyance authorized.--Subject to the provisions of
this subsection, the Secretary shall convey, without
consideration, to the State of Oregon, acting through the
Oregon Department of Fish and Wildlife, all right, title, and
interest of the United States in and to the real property
comprising the Leaburg Fish Hatchery, consisting of
approximately 21.55 acres, identified as tracts Q-1500, Q-
1501E, and 300E-1 and described in Department of the Army
Lease No. DACW57-1-18-0009, together with any improvements on
the property.
(2) Water rights.--The Secretary may transfer to the State
of Oregon, acting through the Oregon Department of Fish and
Wildlife, any water rights held by the United States that are
appurtenant to the property conveyed under this subsection.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including a condition
that all of the property conveyed under this subsection be
used and maintained by the State of Oregon for the purpose of
operating a fish hatchery in perpetuity.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not being used or
maintained by the State of Oregon for the purpose of
operating a fish hatchery in perpetuity, all or any portion
of the property, including any water rights transferred under
this subsection, shall, at the option of the Secretary,
revert to the United States.
(5) Savings clause.--If the State of Oregon does not accept
the conveyance under this subsection, the Secretary may
dispose of the property, including appurtenant water rights,
under subchapter III of chapter 5 of title 40, United States
Code.
(l) Willamette Falls Locks, Willamette River, Oregon.--
(1) Definitions.--In this section:
(A) Real estate appendix.--The term ``real estate
appendix'' means Appendix A of the document published by the
District Commander of the Portland District of the Corps of
Engineers, titled ``Willamette Falls Locks Willamette River
Oregon Section 216 Disposition Study with Integrated
Environmental Assessment''.
(B) Receiving entity.--The term ``receiving entity'' means
an entity identified by the State of Oregon, in consultation
with the Willamette Falls Locks Commission, to receive the
conveyance under paragraph (2).
(C) Willamette falls locks project.--The term ``Willamette
Falls Locks project'' means the project for navigation,
Willamette Falls Locks, Willamette River, Oregon, authorized
by the Act of June 25, 1910 (36 Stat. 664, chapter 382).
(D) Willamette falls locks report.--The term ``Willamette
Falls Locks report'' means the memorandum of the Director of
Civil Works with the subject ``Willamette Falls Locks (WFL),
Willamette River Oregon Section 216 Disposition Study with
Integrated Environmental Assessment (Study)'', dated July 11,
2019.
(2) Conveyance authorized.--The Secretary is authorized to
convey to the receiving entity, without consideration, all
right, title, and interest of the United States in and to any
land in which the Federal Government has a property interest
for the Willamette Falls Locks project, together with any
improvements on the land, subject to the requirements of this
subsection and in accordance with the Willamette Falls Locks
report.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Subject to existing easements and other interests.--The
conveyance of property under paragraph (2) shall be subject
to all existing deed reservations, easements, rights-of-way,
and leases that are in effect as of the date of the
conveyance.
(5) Reversion.--If the Secretary determines that the
property conveyed under this subsection cease to be held in
public ownership, all right, title, and interest in and to
the property shall revert, at the discretion of the
Secretary, to the United States.
(6) Requirements before conveyance.--
(A) Perpetual road easement.--Before making the conveyance
under paragraph (2), the Secretary shall acquire a perpetual
road easement from an adjacent property owner for use of an
access road, which easement shall convey with the property
conveyed under such paragraph.
(B) Environmental compliance.--Before making the conveyance
under paragraph (2), in accordance with the real estate
appendix, the Secretary shall complete a Phase 1
Environmental Site Assessment pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(C) Historic preservation.--The Secretary may enter into a
memorandum of agreement with the Oregon State Historic
Preservation Office and the Advisory Council on Historic
Preservation that identifies actions the Secretary shall take
before making the conveyance under paragraph (2).
(D) Repairs.--Before making the conveyance under paragraph
(2), the Secretary shall carry out repairs to address primary
seismic and safety risks in accordance with the
recommendations approved in the Willamette Falls Locks
report.
(7) Deauthorization.--Beginning on the date on which the
Secretary makes the conveyance under paragraph (2), the
Willamette Falls Locks project is no longer authorized.
SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.
Section 3133(b) of the Water Resources Development Act of
2007 (121 Stat. 1141) is amended by adding at the end the
following:
``(5) Termination.--The committee shall terminate on the
date that is 30 days after the date on which the committee
submits final recommendations to the Secretary.''.
SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.
(a) In General.--Section 705 of the Water Resources
Development Act of 2000 (114 Stat. 2696) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 702(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended by
inserting ``prepared under section 705(e) (as in effect on
the day before the date of enactment of the Water Resources
Development Act of 2020)'' before the period at the end.
(2) Definitions.--Section 703 of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively.
[[Page H6969]]
SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.
(a) In General.--Section 905 of the Water Resources
Development Act of 2000 (114 Stat. 2709) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 902(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended by
inserting ``prepared under section 905(e) (as in effect on
the day before the date of enactment of the Water Resources
Development Act of 2020)'' before the period at the end.
(2) Definitions.--Section 903 of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively.
SEC. 360. CONFORMING AMENDMENTS.
(a) Section 710 of the Water Resources Development Act of
1986 (33 U.S.C. 2264), and the item relating to such section
in the table of contents, are repealed.
(b) Section 1001 of the Water Resources Development Act of
1986 (33 U.S.C. 579a) is amended--
(1) in subsection (b), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2); and
(2) by striking subsection (c).
(c) Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Notwithstanding the
requirements of subsection (c), the Secretary'' and inserting
``The Secretary'';
(B) by striking ``subsections (a) and (c)'' each place it
appears and inserting ``subsection (a)''; and
(C) by striking paragraph (4); and
(2) by striking subsection (c) and redesignating
subsections (d) through (g) as subsections (c) through (f),
respectively.
(d) Section 6003 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 579c), and the item
relating to such section in the table of contents, are
repealed.
(e) Section 1301 of the Water Resources Development Act of
2016 (33 U.S.C. 579d), and the item relating to such section
in the table of contents, are repealed.
(f) Section 1302 of the Water Resources Development Act of
2016 (33 U.S.C. 579c-1), and the item relating to such
section in the table of contents, are repealed.
(g) Section 1301 of the Water Resources Development Act of
2018 (33 U.S.C. 579d-1), and the item relating to such
section in the table of contents, are repealed.
(h) Section 1302 of the Water Resources Development Act of
2018 (33 U.S.C. 579c-2), and the item relating to such
section in the table of contents, are repealed.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports
titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress, are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Port of Nome May 29, 2020 Federal: $378,908,000
Modifications Non-Federal: $126,325,000
Total: $505,233,000
------------------------------------------------------------------------
2. AK St. George Harbor August 13, Federal: $147,874,000
Improvement, St. 2020 Non-Federal: $16,508,000
George Total: $164,382,000
------------------------------------------------------------------------
3. AK Unalaska (Dutch February 7, Federal: $26,967,000
Harbor) Channels 2020 Non-Federal: $8,989,000
Total: $35,956,000
------------------------------------------------------------------------
4. CT New Haven Harbor May 7, 2020 Federal: $55,250,000
Navigation Non-Federal: $19,442,000
Improvement Total: $74,692,000
Project
------------------------------------------------------------------------
5. NY, New York and New April 23, Federal: $19,550,000
NJ Jersey Harbor 2020 Non-Federal: $6,520,000
Anchorages Total: $26,070,000
------------------------------------------------------------------------
6. TX Gulf Intracoastal October 23, Total: $414,144,000
Waterway, Brazos 2019
River Floodgates
and Colorado
River Locks
------------------------------------------------------------------------
7. TX Houston Ship April 23, Federal: $625,204,000
Channel Expansion 2020 Non-Federal: $260,431,000
Channel Total: $885,635,000
Improvement
Project, Harris,
Chambers, and
Galveston
Counties
------------------------------------------------------------------------
8. TX Matagorda Ship November 15, Federal: $140,156,000
Channel 2019 Non-Federal: $80,500,000
Improvement Total: $220,656,000
Project, Port
Lavaca
------------------------------------------------------------------------
9. VA Atlantic August 25, Federal: $102,755,000
Intracoastal 2020 Non-Federal: $0
Waterway, North Total: $102,755,000
Landing Bridge
Replacement
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B . Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AZ Little Colorado December 14, Federal: $54,260,000
River at Winslow, 2018 Non-Federal: $29,217,000
Navajo County Total: $83,477,000
------------------------------------------------------------------------
2. CA Westminster, East July 9, 2020 Federal: $324,905,000
Garden Grove, Non-Federal: $940,191,000
California Flood Total: $1,265,096,000
Risk Management
------------------------------------------------------------------------
[[Page H6970]]
3. CT, Westchester County May 7, 2020 Federal: $15,199,000
NY Streams, Byram Non-Federal: $15,199,000
River Basin, Total: $30,397,000
Fairfield County,
Connecticut, and
Westchester
County, New York
------------------------------------------------------------------------
4. KY Louisville October 27, Federal: $122,170,000
Metropolitan 2020 Non-Federal: $65,917,000
Flood Protection Total: $188,087,000
System
Reconstruction,
Jefferson and
Bullitt Counties
------------------------------------------------------------------------
5. ND Souris River Basin April 16, Federal: $59,582,915
Flood Risk 2019 Non-Federal: $32,364,085
Management Total: $91,947,000
------------------------------------------------------------------------
6. NJ Peckman River April 29, Federal: $98,137,000
Basin 2020 Non-Federal: $52,843,000
Total: $150,980,000
------------------------------------------------------------------------
7. NM Middle Rio Grande March 13, Federal: $201,944,451
Flood Protection, 2020 Non-Federal: $108,740,000
Bernalillo to Total: $310,684,000
Belen
------------------------------------------------------------------------
8. OK Tulsa and West- April 23, Federal: $89,311,000
Tulsa Levee 2020 Non-Federal: $48,091,000
System, Tulsa Total: $137,402,000
County
------------------------------------------------------------------------
9. PR Rio Culebrinas at August 17, Federal: $17,295,600
Aguiadilla and 2020 Non-Federal: $8,568,400
Aguada Total: $25,864,000
------------------------------------------------------------------------
10. PR Rio Guayanilla August 13, Federal: $103,422,000
Flood Risk 2020 Non-Federal: $55,689,000
Management, Total: $159,111,000
Guayanilla
------------------------------------------------------------------------
11. PR Rio Grande de November 18, Federal: $9,770,000
Manati Flood Risk 2020 Non-Federal: $4,520,000
Management, Total: $14,290,000
Ciales
------------------------------------------------------------------------
12. USVI Savan Gut, St. August 24, Federal: $48,658,100
Thomas 2020 Non-Federal: $25,455,900
Total: $74,114,000
------------------------------------------------------------------------
13. USVI Turpentine Run, August 17, Federal: $29,817,850
St. Thomas 2020 Non-Federal: $15,311,150
Total: $45,129,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. DE Delaware March 6, 2020 Initial Federal:
Beneficial Use of $66,464,000
Dredged Material Initial Non-Federal:
for the Delaware $35,789,000
River Total: $102,253,000
Renourishment Federal:
$120,023,000
Renourishment Non-Federal:
$120,023,000
Renourishment Total:
$240,046,000
------------------------------------------------------------------------
2. NJ New Jersey April 8, 2020 Initial Federal:
Beneficial Use of $84,071,000
Dredged Material Initial Non-Federal:
for the Delaware $45,270,000
River Total: $129,341,000
Renourishment Federal:
$85,495,000
Renourishment Non-Federal:
$85,495,000
Renourishment Total:
$170,990,000
------------------------------------------------------------------------
3. NJ Rahway River June 9, 2020 Federal: $48,322,000
Basin, New Jersey Non-Federal: $26,020,000
Coastal Storm Total: $74,342,000
Risk Management
------------------------------------------------------------------------
4. NJ Raritan Bay and August 25, Federal: $107,680,000
Sandy Hook Bay, 2020 Non-Federal: $57,981,000
Highlands Total: $165,661,000
------------------------------------------------------------------------
[[Page H6971]]
5. NY East Rockaway August 22, Initial Federal:
Inlet to Rockaway 2019 $638,460,000
Inlet and Jamaica Initial Non-Federal: $0
Bay, Atlantic Total: $638,460,000
Coast of New York Renourishment Federal:
$200,924,000
Renourishment Non-Federal:
$200,924,000
Renourishment Total:
$401,847,000
------------------------------------------------------------------------
6. NY Fire Island Inlet July 9, 2020 Initial Federal:
to Montauk Point, $1,576,790,000
New York Initial Non-Federal: $0
Reformulation Total: $1,576,790,000
Renourishment Federal:
$767,695,000
Renourishment Non-Federal:
$767,695,000
Renourishment Total:
$1,535,390,000
------------------------------------------------------------------------
7. NY Hashamomuck Cove December 9, Initial Federal:
Coastal Storm 2019 $11,920,000
Risk Management Initial Non-Federal:
$6,418,000
Total: $18,338,000
Renourishment Federal:
$24,237,000
Renourishment Non-Federal:
$24,237,000
Renourishment Total:
$48,474,000
------------------------------------------------------------------------
8. RI Pawcatuck River December 19, Federal: $37,679,000
Coastal Storm 2018 Non-Federal: $20,289,000
Risk Management Total: $57,968,000
Project
------------------------------------------------------------------------
9. VA Norfolk Coastal February 5, Federal: $942,920,000
Storm Risk 2019 Non-Federal: $507,730,000
Management Total: $1,450,650,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CO South Platte River July 29, 2019 Federal: $344,076,000
and Tributaries, Non-Federal: $206,197,000
Adams and Denver Total: $550,273,000
Counties
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Delta Islands and December 18, Federal: $17,251,000
Levees 2018 Non-Federal: $9,289,000
Total: $26,540,000
------------------------------------------------------------------------
2. CA Malibu Creek November 13, Federal: $172,249,000
Ecosystem 2020 Non-Federal: $106,960,000
Restoration, Los Total: $279,209,000
Angeles and
Ventura Counties
------------------------------------------------------------------------
3. CA Yuba River June 20, 2019 Federal: $66,975,000
Ecosystem Non-Federal: $36,064,000
Restoration Total: $103,039,000
------------------------------------------------------------------------
4. CO, Rio Grande, August 5, Federal: $16,998,000
NM, TX Environmental 2019 Non-Federal: $9,153,000
Management Total: $26,151,000
Program, Sandia
Pueblo to Isleta
Pueblo, New
Mexico, Ecosystem
Restoration
------------------------------------------------------------------------
5. FL Comprehensive April 8, 2020 Federal: $379,583,000
Everglades Non-Federal: $375,737,000
Restoration Plan, Total: $755,320,000
Loxahatchee River
Watershed
Restoration
Project, Martin
and Palm Beach
Counties
------------------------------------------------------------------------
6. IA, Grand River Basin November 18, Federal: $78,876,000
MO Ecosystem 2020 Non-Federal: $42,471,000
Restoration Total: $121,347,000
------------------------------------------------------------------------
7. IL The Great Lakes May 23, 2019 Federal: $557,730,550
and Mississippi Non-Federal: $300,316,450
River Interbasin Total: $858,047,000
Study - Brandon
Road, Will County
------------------------------------------------------------------------
[[Page H6972]]
8. IL South Fork of the July 9, 2020 Federal: $11,657,000
South Branch of Non-Federal: $6,277,000
the Chicago Total: $17,934,000
River, Bubbly
Creek, Ecosystem
Restoration
------------------------------------------------------------------------
9. MD Anacostia December 19, Federal: $25,866,750
Watershed 2018 Non-Federal: $13,928,250
Restoration, Total: $39,795,000
Prince George's
County
------------------------------------------------------------------------
10. MO St. Louis November 1, Federal: $61,362,893
Riverfront- 2019 Non-Federal: $33,042,107
Meramec River Total: $94,405,000
Basin Ecosystem
Restoration
------------------------------------------------------------------------
11. NY, Hudson-Raritan May 26, 2020 Federal: $273,933,000
NJ Estuary Ecosystem Non-Federal: $147,502,000
Restoration Total: $421,435,000
------------------------------------------------------------------------
12. NY Hudson River November 19, Federal: $33,479,000
Habitat 2020 Non-Federal: $11,159,000
Restoration Total: $44,638,000
------------------------------------------------------------------------
13. TX Jefferson County September 12, Federal: $38,942,000
Ecosystem 2019 Non-Federal: $20,969,000
Restoration Total: $59,911,000
------------------------------------------------------------------------
(6) Water supply.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River December 18, Federal: $0
Basin Review 2019 Non-Federal: $0
Reallocation, Total: $0
------------------------------------------------------------------------
(7) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA San Luis Rey Flood July 24, 2020 Federal: $143,407,500
Control Project, Non-Federal: $47,802,500
San Diego County Total: $191,210,000
------------------------------------------------------------------------
2. FL Caloosahatchee July 24, 2020 Federal: $514,999,000
River West Basin Non-Federal: $514,999,000
Storage Reservoir Total: $1,029,998,000
(C-43 WBSR)
------------------------------------------------------------------------
3. FL Central and September 15, Federal: $66,736,500
Southern Florida, 2020 Non-Federal: $66,736,500
Canal 111 (C-111) Total: $133,473,000
South Dade
Project
------------------------------------------------------------------------
4. KY Kentucky Lock June 9, 2020 Total: $1,166,809,000
------------------------------------------------------------------------
5. NC Carolina Beach June 16, 2020 Federal: $25,125,000
Integrated Beach Non-Federal: $25,125,000
Renourishment Total: $50,250,000
------------------------------------------------------------------------
6. NC Wrightsville Beach July 2, 2020 Federal: $60,068,000
Non-Federal: $18,486,000
Total: $78,554,000
Renourishment Federal:
$18,918,900
Renourishment Non-Federal:
$10,187,100
Renourishment Total:
$29,106,000
------------------------------------------------------------------------
7. TX Corpus Christi May 4, 2020 Federal: $406,343,000
Ship Channel, Non-Federal: $275,274,000
Deepening and Total: $681,617,000
Widening and
Barge Shelves
------------------------------------------------------------------------
8. VA Atlantic October 19, Federal: $59,500,000
Intracoastal 2020 Non-Federal: $0
Waterway Deep Total: $59,500,000
Creek Bridge
Replacement
------------------------------------------------------------------------
SEC. 402. SPECIAL RULES.
(a) Great Lakes and Mississippi River Interbasin Project,
Brandon Road, Will County, Illinois.--The Secretary shall
carry out the project for ecosystem restoration, Great Lakes
and Mississippi River Interbasin project, Brandon Road, Will
County, Illinois, authorized by section 401 of this Act,
substantially in accordance with the terms and conditions
described in the Report of the Chief of Engineers, dated May
23, 2019, with the following modifications:
(1) The Federal share of the cost of construction shall be
80 percent.
[[Page H6973]]
(2) The Secretary may include the addition or substitution
of technologies or measures not described in the report, as
the Secretary determines to be advisable.
(b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
Reformulation, New York.--The project for hurricane and storm
damage reduction, East Rockaway Inlet to Rockaway Inlet and
Jamaica Bay, Atlantic Coast of New York, authorized by
section 401 of this Act, shall be considered to be a
continuation of the interim response to the authorization by
the House of Representatives dated September 20, 1997, and
the authorization under the heading ``Department of the
Army--Corps of Engineers--Civil--Construction'' under chapter
4 of title X of the Disaster Relief Appropriations Act, 2013
(127 Stat. 24).
(c) Tulsa and West-Tulsa Levee System, Tulsa County,
Oklahoma.--For the project for flood risk management, Tulsa
and West-Tulsa Levee System, Tulsa County, Oklahoma,
authorized by section 401 of this Act, the non-Federal
contribution for the project shall be financed over a period
of 30 years from the date of completion of the project, in
accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
(d) Willamette River Basin Review Reallocation Study.--The
Secretary shall carry out the project for water supply,
Willamette River Basin Review Reallocation, Oregon,
authorized by section 401 of this Act, substantially in
accordance with the terms and conditions described in the
Report of the Chief of Engineers, dated December 18, 2019,
with the following modifications:
(1) The Secretary shall meet the obligations of the Corps
of Engineers under the Endangered Species Act of 1973 by
complying with the June 2019 NMFS Willamette Basin Review
Study Biological Opinion Reasonable and Prudent Alternative
until such time, if any, as it is modified or replaced, in
whole or in part, through the consultation process under
section 7(a) of the Endangered Species Act of 1973.
(2) The Secretary may reallocate not more than 10 percent
of overall storage in the joint conservation pool, as
authorized by this Act and without further congressional
action, if such reallocation is consistent with the ongoing
consultation under section 7(a) of the Endangered Species Act
of 1973 related to Willamette Valley System operations.
(3) The Secretary shall ensure that the revised
reallocation is not reallocated from a single storage use,
does not seriously affect authorized project purposes, and
does not otherwise involve major operational changes to the
project.
(e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127
of the Water Resources Development Act of 2007 (121 Stat.
1242) is amended by striking ``$150,000,000'' and inserting
``$255,816,000''.
SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY
STUDIES PREPARED BY NON-FEDERAL INTERESTS.
(a) In General.--The Secretary is authorized to carry out
the following projects for water resources development and
conservation and other purposes, subject to subsection (b):
(1) Fort pierce, st. lucie county, florida.--The project
for hurricane and storm damage reduction, Fort Pierce, St.
Lucie County, Florida, as described in the review assessment
of the Secretary, titled ``Review Assessment of St. Lucie
County, Florida Fort Pierce Shore Protection Project Section
203 Integrated Feasibility Study and Environmental Assessment
(June 2018)'' and dated July 2018, at a total cost of
$33,107,639, and at an estimated total cost of $97,958,972
for periodic nourishment over the 50-year life of the
project.
(2) Baptiste collette bayou, louisiana.--The project for
navigation, Baptiste Collette Bayou, Louisiana, as described
in the review assessment of the Secretary, titled ``Review
Assessment of Plaquemines Parish Government's Section 203
Study Baptiste Collette Bayou Navigation Channel Deepening
Project Integrated Feasibility Study and Environmental
Assessment (January 2017, Amended April 2018)'' and dated
June 2018, at a total cost of $44,920,000.
(3) Houma navigation canal, louisiana.--The project for
navigation, Houma Navigation Canal, Louisiana, as described
in the review assessment of the Secretary, titled ``Review
Assessment of Houma Navigation Canal Deepening Project
Section 203 Integrated Feasibility Report and DRAFT
Environmental Impact Statement (June 2018)'' and dated July
2018, at a total cost of $253,458,000.
(4) Port fourchon belle pass channel, louisiana.--The
project for navigation, Port Fourchon Belle Pass Channel,
Louisiana, as described in the review assessment of the
Secretary, titled ``Review Assessment of Port Fourchon Belle
Pass Channel Deepening Project Section 203 Feasibility Study
(January 2019, revised January 2020)'' and dated April 2020,
at a total cost of $95,483,000.
(5) Wilmington harbor, north carolina.--The project for
navigation, Wilmington Harbor, North Carolina, as described
in the review assessment of the Secretary, titled ``Review
Assessment of Wilmington Harbor, North Carolina Navigation
Improvement Project Integrated Section 203 Study &
Environmental Report (February 2020)'' and dated May 2020, at
a total cost of $834,093,000.
(6) Chacon creek, texas.--The project for flood risk
management, ecosystem restoration, and other purposes, Chacon
Creek, Texas, as described in the review assessment of the
Secretary, titled ``Review Assessment of Chacon Creek, Texas
Section 203 Integrated Feasibility Report and DRAFT
Environmental Assessment (August 2018)'' and dated September
2018, at a total cost of $51,973,000.
(b) Requirements.--The Secretary may only carry out a
project authorized under subsection (a)--
(1) substantially in accordance with the applicable review
assessment for the project submitted by the Secretary under
section 203(c) of the Water Resources Development Act of
1986, as identified in subsection (a) of this section, and
subject to such modifications or conditions as the Secretary
considers appropriate and identifies in a final assessment
that addresses the concerns, recommendations, and conditions
identified by the Secretary in the applicable review
assessment; and
(2) after the Secretary transmits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate such final assessment.
TITLE V--OTHER MATTERS
SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.
(a) In General.--The Secretary shall periodically update
the Invasive Species Policy Guidance, developed under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610) and
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4701 et seq.), in accordance with the most
recent National Invasive Species Council Management Plan
developed pursuant to Executive Order 13112.
(b) Inclusion.--The Secretary may include in the updated
guidance invasive species specific efforts at federally
authorized water resources development projects located in--
(1) high-altitude lakes; and
(2) the Tennessee and Cumberland River basins.
SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.
Section 1108 of the Water Resources Development Act of 2018
(33 U.S.C. 2263a) is amended--
(1) in subsection (a)--
(A) by striking ``management'' and inserting ``prevention,
management,''; and
(B) by inserting ``, elodea, quagga mussels,'' after
``Asian carp''; and
(2) in subsection (b)--
(A) by inserting ``or could be impacted in the future''
after ``impacted''; and
(B) by striking ``Pacific'' and all that follows through
the period at the end and inserting ``Pacific, Arctic, and
Gulf Coasts, the Great Lakes, and reservoirs operated and
maintained by the Secretary.''.
SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.
(a) In General.--The Secretary shall carry out a pilot
program, in consultation with the Federal Interagency
Committee for the Management of Noxious and Exotic Weeds, to
identify and develop new and improved strategies for
terrestrial noxious weed control on Federal land under the
jurisdiction of the Secretary.
(b) Partnerships.--In carrying out the pilot program under
subsection (a), the Secretary shall act in partnership with
such other individuals and entities as the Secretary
determines to be appropriate.
(c) Cooperative Agreements.--The Secretary may utilize
cooperative agreements with county and State agencies for the
implementation of the pilot program under subsection (a).
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall provide to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the new and
improved strategies developed through the pilot program under
subsection (a).
SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION,
AND MANAGEMENT.
Section 528(f)(2) of the Water Resources Development Act of
1996 (110 Stat. 3771) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively;
(2) by inserting after subparagraph (H) the following:
``(I) shall, using existing amounts appropriated to the
Task Force, develop and update, as appropriate, a priority
list of invasive species that--
``(i) reflects an assessment of ecological risk that the
listed invasive species represent;
``(ii) includes populations of invasive plants and animals
that--
``(I) are significantly impacting the structure and
function of ecological communities, native species, or
habitat within the South Florida ecosystem; or
``(II) demonstrate a strong potential to reduce, obscure,
or otherwise alter key indicators used to measure Everglades
restoration progress; and
``(iii) shall be used by the Task Force and agencies and
entities represented on the Task Force to focus cooperative
and collaborative efforts--
``(I) to guide applied research;
``(II) to develop innovative strategies and tools to
facilitate improved management,
[[Page H6974]]
control, or eradication of listed invasive species;
``(III) to implement specific management, control, or
eradication activities at the appropriate periodicity and
intensity necessary to reduce or neutralize the impacts of
listed invasive species, including the use of qualified
skilled volunteers when appropriate; and
``(IV) to develop innovative strategies and tools to
prevent future introductions of nonnative species;'';
(3) in subparagraph (J) (as so redesignated), by striking
``ecosystem'' and inserting ``ecosystem, including the
activities described in subparagraph (I)''; and
(4) in clause (i) of subparagraph (K) (as so redesignated),
by inserting ``, including the priority list under
subparagraph (I) and the activities described in that
subparagraph'' after ``Task Force''.
SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C.
610) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``this section $110,000,000'' and inserting ``this section
(except for subsections (f) and (g)) $130,000,000'';
(ii) in subparagraph (B), by striking ``and'' at the end;
(iii) in subparagraph (C), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(D) $30,000,000 shall be made available to carry out
subsection (d)(1)(A)(iv); and
``(E) $10,000,000 shall be made available to carry out
subsection (d)(1)(A)(v).'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Other programs.--
``(A) In general.--There are authorized to be
appropriated--
``(i) $10,000,000 for each of fiscal years 2021 through
2024 to carry out subsection (f); and
``(ii) $50,000,000 for each of fiscal years 2021 through
2024 to carry out subsection (g)(2).
``(B) Invasive plant species pilot program.--There is
authorized to be appropriated to the Secretary of the
Interior, acting through the Director of the United States
Fish and Wildlife Service, $10,000,000 to carry out
subsection (g)(3).''; and
(D) in paragraph (3) (as so redesignated), by inserting
``or (2)(A)'' after ``paragraph (1)'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Decontamination'' after ``Inspection'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by inserting ``and
decontamination'' after ``inspection'';
(II) in clause (ii), by striking ``and'' at the end;
(III) in clause (iii), by striking ``Arizona River
Basins.'' and inserting ``Arkansas River Basins;''; and
(IV) by adding at the end the following:
``(iv) to protect the Russian River Basin, California; and
``(v) to protect basins and watersheds that adjoin an
international border between the United States and Canada.'';
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Locations.--The Secretary shall place watercraft
inspection and decontamination stations under subparagraph
(A) at locations with the highest likelihood of preventing
the spread of aquatic invasive species into and out of waters
of the United States, as determined by the Secretary in
consultation with the Governors and entities described in
paragraph (3).'';
(C) in paragraph (3)(A), by striking ``(iii)'' and
inserting ``(v)''; and
(D) by striking ``watercraft inspection stations'' each
place it appears and inserting ``watercraft inspection and
decontamination stations''; and
(3) by adding at the end the following:
``(f) Invasive Species Management Pilot Program.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term in
section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
relating to invasive species (February 3, 1999)) (as amended
by section 2 of Executive Order 13751 (81 Fed. Reg. 88609;
relating to safeguarding the Nation from the impacts of
invasive species (December 5, 2016))).
``(2) Development of plans.--The Secretary, in coordination
with the Aquatic Nuisance Species Task Force, shall carry out
a pilot program under which the Secretary shall collaborate
with States in the Upper Missouri River Basin in developing
voluntary aquatic invasive species management plans to
mitigate the effects of invasive species on public
infrastructure facilities located on reservoirs of the Corps
of Engineers in those States.
``(3) Management plan.--
``(A) In general.--The Secretary, in consultation with the
Governor of each State in the Upper Missouri River Basin that
elects to participate in the pilot program, shall prepare a
management plan, or update or expand an existing plan, for
each participating State that identifies public
infrastructure facilities located on reservoirs of the Corps
of Engineers in those States that--
``(i) are affected by aquatic invasive species; and
``(ii) need financial and technical assistance in order to
maintain operations.
``(B) Use of existing plans.--In developing a management
plan under subparagraph (A), the Secretary shall consider a
management plan submitted by a participating State under
section 1204(a) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4724(a)).
``(4) Termination of authority.--The authority provided
under this subsection shall terminate on September 30, 2024.
``(g) Invasive Species Prevention, Control, and
Eradication.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term in
section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
relating to invasive species (February 3, 1999)) (as amended
by section 2 of Executive Order 13751 (81 Fed. Reg. 88609;
relating to safeguarding the Nation from the impacts of
invasive species (December 5, 2016))).
``(2) Invasive species partnerships.--
``(A) In general.--The Secretary may enter into
partnerships with applicable States and other Federal
agencies to carry out actions to prevent the introduction of,
control, or eradicate, to the maximum extent practicable,
invasive species that adversely impact water quantity or
water quality in the Platte River Basin, the Upper Colorado
River Basin, the Upper Snake River Basin, and the Upper
Missouri River Basin.
``(B) Prioritization.--In selecting actions to carry out
under a partnership under subparagraph (A), the Secretary
shall give priority to projects that are intended to control
or eradicate the Russian olive (Elaeagnus angustifolia) or
saltcedar (of the genus Tamarix).
``(3) Invasive plant species pilot program.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible entity' means a
partnership between or among 2 or more entities that--
``(I) includes--
``(aa) at least 1 flood control district; and
``(bb) at least 1 city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State or Indian Tribe (as defined in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)); and
``(II) may include any other entity (such as a nonprofit
organization or institution of higher education), as
determined by the Secretary.
``(ii) Invasive plant species.--The term `invasive plant
species' means a plant that is nonnative to the ecosystem
under consideration, the introduction of which causes or is
likely to cause economic harm or harm to human health.
``(B) Pilot program.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a pilot program under which such
Secretary shall work with eligible entities to carry out
activities--
``(i) to remove invasive plant species in riparian areas
that contribute to drought conditions in--
``(I) the Lower Colorado River Basin;
``(II) the Rio Grande River Basin;
``(III) the Texas Gulf Coast Basin; and
``(IV) the Arkansas-White-Red Basin;
``(ii) where appropriate, to replace the invasive plant
species described in clause (i) with ecologically suitable
native species; and
``(iii) to maintain and monitor riparian areas in which
activities are carried out under clauses (i) and (ii).
``(C) Report to congress.--Not later than 18 months after
the date of enactment of this subsection, the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the
implementation of the pilot program.
``(D) Termination of authority.--The authority provided
under this paragraph shall terminate on September 30, 2024.
``(4) Cost share.--The Federal share of an action carried
out under a partnership under paragraph (2) or an activity
carried out under the pilot program under paragraph (3) shall
not exceed 80 percent of the total cost of the action or
activity.''.
SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.
Section 1039(b) of the Water Resources Reform and
Development Act of 2014 (16 U.S.C. 4701 note) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``upper
mississippi and ohio river basins and tributaries'' and
inserting ``mississippi river and tributaries, including sub-
basins'';
(B) in subparagraph (A), by striking ``Upper Mississippi
and Ohio River basins and tributaries'' and inserting
``Mississippi River and tributaries, including the 6 sub-
basins of the River,''; and
(C) in subparagraph (B), by striking ``and the document
prepared'' and all that follows through ``February 2012.''
and inserting ``the Mississippi River Basin Asian Carp
Control Strategy Framework, and the Asian Carp Regional
Coordinating Committee's Asian Carp Action Plan.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``December 31 of each year'' and inserting
``December 31, 2020, and biennially thereafter''; and
[[Page H6975]]
(ii) by striking ``Upper Mississippi and Ohio River basins
and tributaries'' and inserting ``Mississippi River and
tributaries, including the 6 sub-basins of the River''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Upper Mississippi and Ohio
River basins and tributaries'' and inserting ``Mississippi
River and tributaries, including the 6 sub-basins of the
River,''; and
(ii) in clause (ii), by striking ``Upper Mississippi and
Ohio River basins and tributaries'' and inserting
``Mississippi River and tributaries, including the 6 sub-
basins of the River''.
SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a pilot program (referred to in this
section as the ``pilot program'') to develop and carry out
effective measures necessary to prevent, control, or
eradicate aquatic invasive species in alpine lakes that are
not located within a unit of the National Park System.
(b) Partnerships.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall offer to enter into a partnership to carry out
the pilot program with--
(1) any relevant partnering Federal agency; and
(2) any relevant compact agency organized with the consent
of Congress under article I, section 10 of the Constitution
of the United States.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the pilot program $25,000,000
for the period of fiscal years 2022 through 2024.
SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.
(a) Grant Authority.--The Secretary of the Interior, acting
through the Director of the Fish and Wildlife Service, and in
consultation with all relevant Federal agencies, shall
establish a pilot program to provide financial assistance to
States for management, research, and public education
activities necessary to--
(1) eradicate the Asian giant hornet; and
(2) restore bee populations damaged by the Asian giant
hornet.
(b) Eligibility.--A State is eligible to receive financial
assistance under this section if the State has demonstrated
to the Secretary of the Interior sufficient need to implement
measures to eradicate the Asian giant hornet.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities carried out under the pilot program may not exceed
75 percent of the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities carried out under the pilot program may
be provided in the form of in-kind contributions of materials
or services.
(d) Limitation on Administrative Expenses.--Not more than 5
percent of financial assistance provided by the Secretary of
the Interior under this section may be used for
administrative expenses.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out the pilot program $4,000,000 for each of fiscal years
2021 through 2025.
(f) Definitions.--In this section:
(1) Asian giant hornet.--The term ``Asian giant hornet''
means a Vespa mandarinia.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
insular possessions of the United States.
(g) Sunset.--The authority under this section shall
terminate on the date that is 5 years after the date of
enactment of this Act.
SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
(a) Corps of Engineers Asian Carp Prevention Pilot
Program.--
(1) In general.--The Secretary, in conjunction with the
Tennessee Valley Authority and other relevant Federal
agencies, shall carry out an Asian carp prevention pilot
program to carry out projects to manage and prevent the
spread of Asian carp using innovative technologies, methods,
and measures.
(2) Project selection.--
(A) Location.--Each project under the pilot program shall
be carried out in a river system or reservoir in the
Cumberland River Watershed or Tennessee River Watershed in
which Asian carp populations are expanding or have been
documented.
(B) Consultation.--In selecting projects to carry out under
the pilot program, the Secretary shall consult with--
(i) applicable Federal, State, and local agencies;
(ii) institutions of higher education; and
(iii) relevant private organizations, including nonprofit
organizations.
(C) Limitations.--
(i) Number of projects.--The Secretary may select not more
than 10 projects to carry out under the pilot program.
(ii) Deadline.--Not later than September 30, 2024, the
Secretary shall complete projects selected to be carried out
under the pilot program.
(3) Best practices.--In carrying out the pilot program, to
the maximum extent practicable, the Secretary shall consider
existing best practices, such as those described in the
document of the Asian Carp Working Group of the Aquatic
Nuisance Species Task Force entitled ``Management and Control
Plan for Bighead, Black, Grass, and Silver Carps in the
United States'' and dated November 2007.
(4) Cost-share.--
(A) In general.--The Federal share of the costs of a
project carried out under the program may not exceed 75
percent of the total costs of the project.
(B) Operation, maintenance, rehabilitation, and repair.--
After the completion of a project under the pilot program,
the Federal share of the costs for operation, maintenance,
rehabilitation, and repair of the project shall be 100
percent.
(5) Memorandum of agreement.--For projects carried out in
reservoirs owned or managed by the Tennessee Valley
Authority, the Secretary and the Tennessee Valley Authority
shall execute a memorandum of agreement establishing the
framework for a partnership and the terms and conditions for
sharing expertise and resources.
(6) Payments.--The Secretary is authorized to accept and
expend funds from the Tennessee Valley Authority to complete
any work under this section at a reservoir owned or managed
by the Tennessee Valley Authority.
(7) Report.--Not later than 2 years after the date of
enactment of this Act, and 2 years thereafter, the Secretary
shall submit to Congress a report describing the results of
the pilot program, including an analysis of the effectiveness
of the innovative technologies, methods, and measures used in
projects carried out under the pilot program at preventing
the spread, or managing the eradicating of, Asian carp.
(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000,
to remain available until expended.
(b) Fish and Wildlife Service Asian Carp Eradication
Program.--
(1) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a program to provide financial
assistance to States to implement measures, including for
management, research, and public education activities,
necessary to eradicate the Asian carp.
(2) Eligibility.--A State is eligible to receive financial
assistance under this subsection if such State has
demonstrated to the Secretary of the Interior sufficient need
to implement measures to eradicate the Asian carp.
(3) Priority.--In providing financial assistance under the
program, the Secretary of the Interior shall give priority to
States in the Cumberland River Watershed or the Tennessee
River Watershed in which Asian carp populations are expanding
or have been documented.
(4) Cost sharing.--
(A) Federal share.--The Federal share of the costs of
activities carried out under the program may not exceed 80
percent of the total costs of such activities.
(B) In-kind contributions.--The non-Federal share of the
costs of activities carried out under the program may be
provided in the form of in-kind contributions of materials or
services.
(5) Limitation on administrative expenses.--Not more than 5
percent of financial assistance provided by the Secretary of
the Interior under this subsection may be used for
administrative expenses.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this subsection $4,000,000 for each of fiscal years 2021
through 2025.
SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND
TERRITORIES PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a pilot program to carry out
measures necessary to prevent, control, or eradicate invasive
species in culturally significant forested watersheds in
noncontiguous States and territories of the United States in
which the Corps of Engineers is carrying out flood risk
management projects.
(b) Implementation.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, is encouraged to carry out the measures described in
subsection (a) in consultation with--
(1) States, any territory or possession of the United
States, and units of local government, including federally
recognized Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)); and
(2) nonprofit organizations with knowledge of, and
experience in, forested watershed management, including
nonprofit organizations with a primary purpose of serving and
partnering with indigenous communities.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the pilot program under
subsection (a) $25,000,000 for the period of fiscal years
2022 through 2024.
SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.
(a) Installation of Network.--
(1) In general.--In accordance with the activities required
under section 4003(a) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and
to support the goals of the Weather Research and Forecasting
Innovation Act of 2017 (Public Law 115-25) and the National
Integrated
[[Page H6976]]
Drought Information System Reauthorization Act of 2018
(Public Law 115-423), the Secretary, in coordination with the
Administrator of the National Oceanic and Atmospheric
Administration (referred to in this section as the
``Administrator''), the Chief of the Natural Resources
Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation, shall
continue installation of a network of soil moisture and
plains snowpack monitoring stations, and modification of
existing stations, in the Upper Missouri River Basin.
(2) Requirements.--In carrying out installation and
modification activities under paragraph (1), the Secretary--
(A) may continue to enter into agreements, including
cooperative agreements, with State mesonet programs for
purposes of installing new stations or modifying existing
stations;
(B) shall transfer ownership and all responsibilities for
operation and maintenance of new stations to the respective
State mesonet program for the State in which the monitoring
station is located on completion of installation of the
station; and
(C) shall establish, in consultation with the
Administrator, requirements and standards for the
installation of new stations and modification of existing
stations to ensure seamless data integration into--
(i) the National Mesonet Program;
(ii) the National Coordinated Soil Moisture Network; and
(iii) other relevant networks.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, in addition
to any other funds authorized to be appropriated for the
installation of a network of soil moisture and plains
snowpack monitoring stations or the modification of existing
stations in the Upper Missouri River Basin, $7,000,000 for
each of fiscal years 2021 through 2025.
(b) Soil Moisture and Snowpack Monitoring Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall establish
within the National Mesonet Program a pilot program for the
acquisition and use of data generated by the network
described in subsection (a).
(2) Requirements.--In establishing the pilot program under
paragraph (1), the Administrator shall--
(A) enter into agreements with State mesonet programs in
the Upper Missouri River Basin to acquire data generated by
the network described in subsection (a) that--
(i) are similar to the agreements in effect as of the date
of the enactment of this Act with States under the National
Mesonet Program; and
(ii) allow for sharing of data with other Federal agencies
and with institutions engaged in federally supported
research, including the United States Drought Monitor, as
appropriate and feasible;
(B) in coordination with the Secretary, the Chief of the
Natural Resources Conservation Service, the Director of the
United States Geological Survey, and the Commissioner of
Reclamation, gather data from the operation of the network to
inform ongoing efforts of the National Oceanic and
Atmospheric Administration in support of--
(i) the National Integrated Drought Information System,
including the National Coordinated Soil Moisture Network;
(ii) the United States Drought Monitor;
(iii) the National Water Model and other relevant national
modeling efforts;
(iv) validation, verification, and calibration of
satellite-based, in situ, and other remote sensing activities
and output products;
(v) flood risk and water resources monitoring initiatives
by the Secretary and the Commissioner; and
(vi) any other programs or initiatives the Administrator
considers appropriate;
(C) at the request of State mesonet programs, or as the
Administrator considers appropriate, provide technical
assistance to such programs under the pilot program under
paragraph (1) to ensure proper data requirements; and
(D) ensure an appropriate mechanism for quality control and
quality assurance is employed for the data acquired under the
pilot program, such as the Meteorological Assimilation Data
Ingest System.
(3) Study required.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall initiate a
study of the pilot program required by paragraph (1) to
evaluate the data generated by the network described in
subsection (a) and the applications of that data to programs
and initiatives described in paragraph (2)(B).
(B) Elements.--The study required by subparagraph (A) shall
include an assessment of--
(i) the contribution of the soil moisture, snowpack, and
other relevant data generated by the network described in
subsection (a) to weather, subseasonal and seasonal, and
climate forecasting products on the local, regional, and
national levels;
(ii) the enhancements made to the National Integrated
Drought Information System, the National Water Model, and the
United States Drought Monitor, and other relevant national
modeling efforts, using data and derived data products
generated by the network;
(iii) the contribution of data generated by the network to
remote sensing products and approaches;
(iv) the viability of the ownership and operational
structure of the network; and
(v) any other matters the Administrator considers
appropriate, in coordination with the Secretary, the Chief of
the Natural Resources Conservation Service, the Director of
the United States Geological Survey, and the Commissioner of
Reclamation.
(4) Report required.--Not later than 4 years after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate congressional committees a report--
(A) setting forth the findings of the study required by
paragraph (3); and
(B) making recommendations based on those findings to
improve weather, subseasonal, seasonal, and climate
monitoring nationally.
(5) Government accountability office audit.--
(A) In general.--Not later than 60 days after the report
required by paragraph (4) is submitted, the Comptroller
General of the United States shall initiate an audit to
evaluate that report and determine whether--
(i) the Administrator, in conducting the pilot program
under paragraph (1), has utilized the relevant data generated
by the network described in subsection (a) in the manner most
beneficial to the programs and initiatives described in
paragraph (2)(B);
(ii) the acquisition agreements entered into under
paragraph (2)(A) with State mesonet programs fully comply
with the requirements of that paragraph; and
(iii) the heads of other agencies, including the Secretary,
the Chief of the Natural Resources Conservation Service, the
Director of the United States Geological Survey, and the
Commissioner of Reclamation, are utilizing the data generated
by the network to better inform and improve the missions of
those agencies.
(B) Report required.--Not later than 270 days after
initiating the audit required by subparagraph (A), the
Comptroller General shall submit to the appropriate
congressional committees a report setting forth the findings
of the audit.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and Transportation,
the Committee on Environment and Public Works, and the
Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the
Committee on Natural Resources of the House of
Representatives.
SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT
CORPORATION.
(a) Renaming the Saint Lawrence Seaway Development
Corporation.--The Act of May 13, 1954 (33 U.S.C. 981 et seq.)
is amended--
(1) in section 1 (33 U.S.C. 981), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development Corporation'';
and
(2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development Corporation''.
(b) References.--Any reference to the Saint Lawrence Seaway
Development Corporation in any law, regulation, document,
record, Executive order, or other paper of the United States
shall be deemed to be a reference to the Great Lakes St.
Lawrence Seaway Development Corporation.
(c) Technical and Conforming Amendments.--
(1) Title 5.--Section 5315 of title 5, United States Code,
is amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(2) Title 18.--Section 2282B of title 18, United States
Code, is amended by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''.
(3) Internal revenue code.--Section 9505(a)(2) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is
amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(4) Title 31.--Section 9101(3)(K) of title 31, United
States Code, is amended by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''.
(5) Water resources development act of 1986.--The Water
Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
amended--
(A) in section 206 (33 U.S.C. 2234), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development Corporation'';
(B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
striking ``Saint Lawrence Seaway Development Corporation''
and inserting ``Great Lakes St. Lawrence Seaway Development
Corporation'';
(C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
striking ``Saint Lawrence Seaway Development Corporation''
and inserting ``Great
[[Page H6977]]
Lakes St. Lawrence Seaway Development Corporation''; and
(D) in section 1132(b) (33 U.S.C. 2309(b)), by striking
``Saint Lawrence Seaway Development Corporation'' and
inserting ``Great Lakes St. Lawrence Seaway Development
Corporation'' each place it appears.
(6) Title 46.--Title 46, United States Code, is amended--
(A) in section 2109, by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation'';
(B) in section 8103(g), by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation'';
(C) in section 8503(c), by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation'';
(D) in section 55112(a)(3), by striking ``St. Lawrence
Seaway Development Corporation'' and inserting ``Great Lakes
St. Lawrence Seaway Development Corporation'';
(E) in section 55331(3), by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great Lakes
St. Lawrence Seaway Development Corporation''; and
(F) in section 70032, by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation'' each place it
appears.
(7) Title 49.--
(A) In general.--Title 49, United States Code, is amended--
(i) in section 110--
(I) in the heading, by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''; and
(II) in subsection (a), by striking ``Saint Lawrence Seaway
Development Corporation'' and inserting ``Great Lakes St.
Lawrence Seaway Development Corporation''; and
(ii) in section 6314(c)(2)(G), by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great Lakes
St. Lawrence Seaway Development Corporation''.
(B) Table of sections.--The table of sections for chapter 1
of subtitle I of title 49, United States Code, is amended by
amending the item relating to section 110 to read as follows:
``110. Great Lakes St. Lawrence Seaway Development Corporation.''.
SEC. 513. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentleman from Missouri (Mr. Graves) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks, including extraneous material on S. 1811, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, legislation very similar to this passed the House of
Representatives unanimously earlier this year. This bill will continue
the bipartisan tradition restarted by Chairman Shuster in 2014 of doing
a Water Resources Development Act every 2 years. It is critical.
I am thankful to Ranking Member Graves, Chairwoman Grace Napolitano,
and Subcommittee Ranking Member Bruce Westerman for their hard work in
developing the House version and helping us negotiate with the Senate.
I also thank our Senate colleagues, Committee on Environment and Public
Works Chairman John Barrasso, who has pushed very hard for this bill,
and Ranking Member Tom Carper, for their collaboration.
Madam Speaker, this builds on the success of H.R. 7575, which, as I
said, passed the House of Representatives earlier this year
unanimously. It authorizes construction of 46 reports of the Chief of
the Corps of Engineers. It is a record number of Chief's Reports,
almost matching the number authorized in 2016 and 2018.
Now, that would only be made possible by the full utilization of the
harbor maintenance trust fund. For decades, since Ronald Reagan was
President, we have been assessing a tiny ad valorem tax on the value of
goods and containers flowing through the ports coming into the United
States of America.
Despite the pressing need to dredge our harbors, to authorize steps
to repair jetties before they fail totally and become much more
expensive to replace, for many years Congress refused to spend that
full amount of money. There is now around $10 billion collected in
taxes from the American people for a specific purpose for which it has
not been spent.
I started working on this with Bud Shuster--not Bill--Bud Shuster,
his dad, back in 1996 to access the full amount of the harbor
maintenance trust fund. It got out of that committee twice under
Chairman Shuster. He was quite amazed it came out unanimously,
including Freedom Caucus members and others, but Paul Ryan saw fit to
strip it from the bill because he didn't think that we should maintain
our harbors and our ports as a maritime Nation. I guess being inland,
he didn't think that was so important.
We now have finally gotten to that point where we are going to access
the funds. There is one tiny remaining problem--since the Senate seems
to be totally incapable of passing any individual pieces of legislation
and doing nothing individually except judges--we are seeking to attach
this to the Omnibus, Continuing Resolution, budget deal, whatever the
heck you want to call it.
Now, the Committee on Appropriations in the Senate has raised
concerns. Even though this does not count officially against
allocations on an annual basis, they are worried that somehow someone
might look at them and say, Well you have got all this other money, so
we are going to cut back on your regular amount of money. That is not
going to happen. This need is great.
This is a huge bipartisan success with agreement by harbors all
around the country, large and small, emerging, developed, energy ports.
It is critical to the United States of America as a maritime Nation
that we get this done and we begin to do the work on a daily basis.
Of our 58 largest harbors, 35 percent are at their authorized depths.
That means ships go around, that means ships have to pass too close to
one another in order to navigate restricted channels. It means jetties
that are beginning to fail don't get fixed, and every year that they
fail they become much, much more expensive to repair until the point of
total failure, at which point it becomes incredibly expensive.
Madam Speaker, should we access the harbor maintenance trust fund
over the next 5 years at $2 billion a year, plus the expected income,
we could bring all of our ports up to a state of good repair in 5
years. What the Senate staff is insisting on would stretch that out for
20 years--and actually, would stretch it out longer, because if you
start doing things 18 years from now, they would have deteriorated even
more and become more expensive. So they would, essentially,
indefinitely put off bringing our harbors to a state of good repair
because of unfounded concern.
Madam Speaker, I am hopeful that common sense will prevail, if there
is any such thing on the other side of Capitol Hill.
I want to go back to thanking members of our committee and the staff
who did great work on this bill. It is an excellent bill.
It also deals with inland waterways on a cost-share basis. It deals
with building in resilience to deal with climate change--even if you
don't believe in it--and will use natural systems as much as possible
for these needs.
Chairwoman Grace Napolitano, who did not travel here today, was
dogged in her support for the maintenance needs and advocacy for her
large harbors. And ultimately, we came to an agreement, as I said,
between all sizes of harbors around the country.
Madam Speaker, I also thank my ranking member, Sam Graves. He
couldn't have been a better partner in helping us deal with the other
side of Capitol Hill, and Mr. Westerman for his steadfast support and
importance to the final bill. Today's success would not have been
possible without their great work.
[[Page H6978]]
There are a number of members of the committee who were particularly
crucial: Debbie Mucarsel-Powell, Abby Finkenauer, Harley Rouda, Conor
Lamb, Angie Craig, Chris Pappas, Antonio Delgado, Lizzie Fletcher,
Greg Stanton, and Sharice Davids, all members of the committee who
contributed significantly to this.
And also, we did lose the language to reauthorize the Clean Water
State Revolving Fund, which hasn't been reauthorized since 1987. I kind
of thought it was time but, apparently, that is right now not on the
radar of some people.
Madam Speaker, the Water Resources Development Act (WRDA) is
legislation that is essential to everyday American life-supporting jobs
and our economy, protecting American lives and property, and restoring
and protecting our vital natural resources. The Water Resources
Development Act of 2020 (WRDA 2020) modernizes and invests in our water
resources infrastructure by: (1) authorizing critical, locally driven
U.S. Army Corps of Engineers (Corps) projects and studies; (2)
expediting the delivery of future projects; (3) increasing water
storage and supply; (4) preventing, managing, and eradicating invasive
species that reduce and degrade our water resources infrastructure and
the environment; (5) building resiliency to increasing storm and
flooding risks: (6) increasing community and Tribal involvement and
engagement; and (7) addressing communities with affordability concerns.
WRDA 2020 strengthens our Nation's security and economic
competitiveness by deepening our ports and harbors, maintaining our
inland waterways, and providing protection from dangerous flooding,
while remaining committed to economically and environmentally
responsible development.
In WRDA bills, Congress authorizes studies and projects encompassing
the key missions of the Corps, including supporting coastal and inland
waterways infrastructure, effective and targeted flood protection,
environmental restoration, storm damage prevention, and proactive water
supply initiatives. Each of the 46 completed feasibility study reports
of the Chief of Engineers (Chiefs Reports) authorized by WRDA 2020 were
locally driven and cost-shared, rigorously studied, and determined by
the Corps to be economically justified, technically sound, and
environmentally acceptable.
Since 2014, Congress has resumed the tradition of biennial
consideration of WRDAs, and WRDA 2020 continues to deliver new
authorities on a predictable authorization cycle to meet the water
resource needs of local communities and to provide appropriate
oversight of, and policy direction to, the Administration and the
Corps. The transformative nature of the last three WRDA bills has
provided the Corps and the non-Federal interests with new opportunities
to advance projects more quickly and with greater effectiveness. WRDA
2020 builds on these changes by ensuring that future water resources
development projects are developed in a resilient and more sustainable
manner, by targeting increased Federal assistance to rural and
economically-disadvantaged communities and Tribes that have seen
challenges in implementing critical water resources infrastructure, and
by modernizing the process for project development to ensure that all
project benefits, including economical, regional, environmental, and
other societal benefits, are considered in the formulation of future
projects.
Title 1 of WRDA 2020 ensures that the Corps operates and executes
projects to meet our Nation's ever evolving 21st century needs. This
title supports our transportation infrastructure and ensures the
efficient flow of domestic and international commerce by reinstating
the Federal commitment to our ports, harbors, and inland waterways. It
builds on the CARES Act (Pub. L. 116-136) by unlocking funds that have
already been collected from shippers for the purpose of harbor
deepening and maintenance, and that have remained unspent, in the
Harbor Maintenance Trust Fund (HMTF) while there are unmet operation
and maintenance needs at ports and harbors. In addition, this title
establishes a new authorization framework for the allocation of harbor
maintenance funds to ensure equitable expenditures to meet the ongoing
needs of the Nation's largest ports, Commercial Strategic Seaports,
Great Lakes Harbors, and emerging harbors. Title 1 also addresses
critical needs to modernize our Federal inland waterway system by
authorizing additional funds from the General Fund of the Treasury
towards the construction of projects on the Inland Waterway System,
which handles approximately half of all inland waterway freight and
one-twelfth of all national freight.
Further, Title 1 of WRDA 2020 ensures that future water resources
development projects are designed and built with greater resiliency to
address the needs of the next century. For example, this title directs
the Corps to consider nature-based and natural features while
developing projects, and advocates for innovation that ensures the
resiliency and longevity of Corps construction. Similarly, this title
recognizes the needs of communities that are currently facing repeat
flooding events by providing critical assistance for the expedited
consideration of permanent measures to reduce local flooding risks.
Moreover, Title 1 makes policy reforms to promote stronger local-
level partnerships, decisionmaking, and effective, transparent project
development and implementation that will overall improve water
infrastructure development. Other provisions within this title ensure
the protection of all communities through wider consideration of
project benefits and greater flexibility and support for populations
with affordability concerns. Title 1 also helps communities respond
faster to natural disasters, improves the safety of our dams and
levees, addresses necessary updates to aging infrastructure, and
supports critical work against invasive species and harmful algal
blooms. Lastly, this title recognizes the increasing role the Corps
plays in addressing the water supply and water conservation needs of
local and rural communities.
Title 2 of WRDA 2020 ensures continuity in addressing our water
resources development needs. It authorizes feasibility studies for the
development of future projects, while ensuring that studies currently
underway are completed expeditiously. Title 2 also makes necessary
adjustments to existing studies or projects to ensure they are forward-
looking and encompass as many potential benefits to the localities as
practicable. In addition, this title authorizes the analysis of
regional or watershed-based systems which facilitates cohesive projects
and greater end results for the systems without inadvertently
segmenting out populations or sub-systems. Further, this title directs
the Corps to examine and report back on various Corps internal
processes and assets to identify additional opportunities for Corps
expertise and improvement in work efficacy.
Title 3 addresses ongoing Corps operations and opportunities to
ensure efficient project delivery as well as remove outdated or
duplicative Corps authorizations. Continuing in the tradition of the
last three WRDAs, WRDA 2020 directs the Corps to identify approximately
$10 billion in antiquated construction authorizations that can be
deauthorized, which is roughly equivalent to the cost of the new Chiefs
Reports authorized by this legislation.
In addition, the revisions and updates to projects in Title 3, on
advisement from the Corps, will keep those projects on track for
delivery and maintain the effectiveness and efficiency of these Federal
investments. This title also makes modifications to existing programs
within the Corps to include a wider range of eligible regions for those
programs and provide them with sufficient authorization levels to
achieve their central purposes.
Further, Title 3 deauthorizes or transfers, in part or in whole,
certain projects which are no longer within the mission of the Corps or
are otherwise better suited as returned to the localities. These
actions maintain Corps dependability and its relationships with non-
Federal sponsors and stakeholders, while alleviating superfluous lands
or projects that should be returned to states and localities and
removed from Corps responsibilities.
Title 4 of WRDA 2020 affirms the Federal commitment to delivering
water resources projects and the continued improvement of American
water infrastructure. Again, this title authorizes 46 Corps projects to
move to construction and makes changes to projects currently underway
to guarantee their accuracy and long-term value. Projects authorized
under WRDA 2020 will sustain jobs and our economic competitiveness by
maintaining the flow of goods through our navigational channels and
protecting American lives, land, and assets from flood or storm waters.
The projects will restore and enhance our natural resources, ecosystems
and environment, and prepare communities for increasingly wet or dry
conditions. These essential projects will positively impact populations
in all regions of the country and build smarter, more resilient
infrastructure for the benefit of generations to come.
Title 5 of this bill makes several changes to Corps and other Federal
agency authorities related to the control of invasive species or for
other purposes. Invasive species have a devastating impact on our
Nation's water infrastructure, as well as on our water supply.
Increasingly, the Corps is required to partner with other Federal
agencies to control the spread of invasive species, both on land and in
the aquatic environment. The changes made by this title include the
creation of new pilot programs to address invasive species such as
Asian Carp, elodea, and quagga mussels, as well as noxious weeds. This
title also retains the traditional roles of the Corps and other Federal
agencies in controlling the spread or managing and reducing existing
invasive species.
The managers of the U.S. House of Representative and the U.S. Senate
for WRDA
[[Page H6979]]
2020 (``the Managers'') also highlight the following sections of this
legislation and other matters related to the Corps:
Section 109 addresses the critical need to modernize our Federal
Inland Waterway System. This section authorizes additional funds from
the General Fund of the Treasury towards the construction of authorized
inland waterways projects. The Managers have authorized this change to
the current 50-50 cost share for inland projects to resolve the backlog
in these critical projects, and intend that any inland project that
received construction assistance prior to fiscal year 2030 utilize the
new 75-25 cost share authorized by this section through completion of
the project. The Managers also expect that this additional support will
be prioritized for those projects identified by inland users as most
essential in the 20-year capital development plan required under
section 302(d) of WRDA 1986, including the Upper Ohio navigation
system, the Navigation and Ecosystem Sustainability Program for the
Upper Mississippi River, and the Three Rivers project in Southeast
Arkansas. It is the intention of the Managers that current
prioritization plans be followed by the Corps in its funding of inland
waterway projects.
Section 112 directs the Corps to ensure meaningful participation and
consultation by economically disadvantaged communities and Indian
Tribes in the development of future water resources projects. During
formulation of WRDA 2020, the Managers heard concerns from economically
disadvantaged communities and Indian Tribes of a lack of transparency
and meaningful communication with these communities. Managers expect
that continuous commitment to, and review of, Corps policies
surrounding community engagement and tribal consultation will minimize
adverse impacts to these populations, including detrimental impacts to
their health, property, and livelihoods. It is the Managers' intention
that the Corps complete reviews and make adjustments, if warranted, to
procedures expeditiously to ameliorate concerns and avoid conflict with
existing and future water resources projects.
Section 125 renews the Congressional commitment to beneficial use of
dredged material. While carrying out the beneficial use of dredged
material pilot program pursuant to section 1122 of WRDA 2016, the Corps
is directed to carry out at least one project utilizing thin layer
placement of dredged fine and coarse grain sediment. This demonstration
program is also authorized to be expanded to apply to recovering lost
storage capacity in reservoirs due to sediment accumulation, if the
project meets the other criteria within the program. The Corps is
directed to carry out at least one project to recover lost storage
capacity under the program as well. With this section, Managers expect
the Corps to select projects that encompass a wide range of regional
areas, economic status, and utilization methods.
Additionally, this section further encourages the Corps to coordinate
planning for the deployment of Federal and non-Federal dredges. In
sequencing dredging work to benefit multiple mission sets and providing
consistent navigational certainty, especially in areas of high maritime
traffic in our Nation's harbors and waterways, the Managers believe
proper implementation of this program will benefit the American economy
and restoration efforts alike. The Managers intend this authority to be
used in conjunction with the Gulf Coast Regional Dredge Demonstration
Program created in P.L. 116-94, the Further Consolidated Appropriations
Act, 2020.
Section 161 makes changes to the study process pursuant to section
203 of WRDA 1986. As required by this section, this new policy does not
apply to any project being authorized by this Act. Further these
changes do not apply to any feasibility study submitted to the Corps
during the one-year period prior to the date of enactment of this
section, such as the Raymondville Drain Project, Lower Rio Grande
Basin, Texas.
Subsection 201(b) states that the Corps is to consider any study
carried out by the Corps for Port Arthur and Orange County, Texas,
flood control project, to be a continuation of the study authorized
under Sabine Pass to Galveston Bay, Texas. While subsection (a)
explicitly authorizes a study for Port Arthur and Orange County, Texas,
the Managers intend that nothing in subsection 201(b) will slow down
the construction of the project for Sabine Pass to Galveston Bay,
Texas.
Section 213 directs the Corps to conduct a comprehensive study of the
Lower Mississippi River. The Managers note that the Mississippi River
has been at flood stage at record length and frequency in recent years.
The Managers intend this study to provide reconsideration of the
operations of existing assets by operating structures throughout the
Lower Mississippi River holistically and, potentially, for multiple
purposes per asset, as well as identifying new projects and utilizing
existing Federal and non-Federal assets, such as river reintroduction
projects, new or existing reservoirs, water supply projects, or other
measures. In completing the study, the Managers intend for the Corps to
collaborate with all levels of government, as well as with non-
governmental entities to improve the management of one of the largest
watersheds in the world.
Section 216 includes studies for the Lower and Upper Missouri River.
With a General Investigations study of the Lower Missouri River Basin
already underway, the Managers intend this section to build off this
existing authority and to expeditiously review both a comprehensive
plan and site-specific solutions to combat flooding in communities
across the Lower Missouri River Basin. While this Act specifically and
preemptively waives 3x3x3 requirements, the Managers strongly encourage
the Corps to complete its studies as expeditiously as possible.
Section 222 requires the Corps to issue an annual report that
identifies all authorized studies or projects meeting certain criteria,
including local support and the Corps' capability for executing the
work. The Managers expect this annual report will provide greater
transparency in the Administration's development of both its annual
budget and its project selection process.
In completing this report, the Corps must describe specific benefits
for each authorized study and authorized water resources development
project included in the annual report. This section also requires the
Secretary to include an appendix in the annual report that lists any
submitted proposals that were not included in the annual report and a
description of why the Corps determined that those proposals did not
meet the criteria for inclusion. The Corps shall also make the annual
report to Congress publicly available on the internet and is directed
to submit the report to Congress along with its annual report pursuant
to section 7001 of Water Resources Reform and Development Act of 2014,
P.L. 113-121 (WRRDA 2014).
The Managers intend for the Corps to expeditiously develop
implementation guidance for the provisions contained in WRDA 2020, as
well as provisions from prior WRDAs that have yet to be developed.
Section 223 of WRDA 2020 directs the Corps to expeditiously complete
these actions, and consistent with section 1105 of WRDA 2018, to
involve stakeholders in the development of guidance materials. In
addition, the Managers direct the Secretary to directly engage and
consult with, and provide briefings for, the Committee on
Transportation and Infrastructure and the Committee on Environment on
Public Works on these actions.
Section 229 amends section 1104(b) of WRDA 2018 to require that the
Corps provide the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives an annual written update on the Corps'
implementation of non-Federal outreach requirements associated with
development of section 7001 annual reports. This section also requires
that the Corps issue guidance for the uniform implementation of the
7001 process by Corps districts and ensure annual compliance with that
guidance. The Managers continue to be concerned with the agency's
ability to consistently implement these policies nationwide.
Section 310 clarifies that any Federal funds used to carry out
construction of the McClellan-Kerr Arkansas River Navigation System
(MKARNS) are considered as initiating construction of the project such
that future funds will not require a new start designation. With
initial construction of the MKARNS completed 50 years ago,
modernization of the entire channel was authorized by Congress in 2003
and funds were subsequently provided in 2004. Since that time, the 12-
foot deepening project has stalled, but this section will allow
construction of the project to resume without the requirement to obtain
a New Start, a requirement not contemplated when the deepening project
was authorized and funded. This section will ensure the project is
formally considered as a project resumption for budgetary and
appropriations purposes.
Section 348 allows a local government entity, such as a city, with
existing water supply storage in a Federal or non-Federal hydropower
lake within the Arkansas Basin, to access that water supply at a cost
of not more than 110 percent of initial principal cost for the acre-
feet sought for a new covered contract for that lake. This section
makes clear that the Managers do not expect the Corps to undertake any
formal reallocation process. Rather, the Managers expect that the Corps
will work only with a local government entity that currently holds the
rights to access water supply storage.
Section 351 allows the Corps, at the request of a non-Federal
interest, to renegotiate the terms and conditions of deferred payment
agreements under Section 103(k) of WRDA 1986 and to accept, without
interest, the pre-payment of non-Federal contributions. The Managers
anticipate that the non-Federal sponsors of the West Bank and Vicinity,
Lake
[[Page H6980]]
Pontchartrain and Vicinity, and Southeast Louisiana Urban Flood Damage
Reduction Projects are expected to seek relief under this section in
order to continue large-scale investments to support resiliency in both
their infrastructure and regional ecosystems.
Section 401 authorizes 46 Chief's Reports, including a project for
navigation improvements for the Port of Nome in Nome, Alaska. Nome will
be America's first Arctic deep draft port, enhancing our strategic and
economic competitiveness in the Arctic region. The Managers note the
complementary and important role that modest improvements at Port
Clarence/Point Spencer can play relative to the project at Nome,
Alaska, and for safe Arctic transportation generally, and therefore,
the Managers encourage the Corps of Engineers to expedite its
consideration of the use of Section 107 Continuing Authorities Program
funding to help install and make operational the two 30-ton and one 60-
ton industrial grade buoy systems at Port Clarence to serve maritime
safety needs for the Bering Strait as well as the greater Arctic
region. The Managers also encourage the potential use of unobligated
prior-year funds to facilitate the implementation of the mooring buoy
project as soon as possible and note that the Corps was instrumental in
completing a similar project for the placement and use of commercial-
grade mooring buoys in the Columbia River.
Various sections under Title 5 of WRDA 2020 protect American assets
and resources by working to prevent the spread and promote the
eradication of certain invasive species. The Managers intend that work
conducted as a result of this Title remain within the jurisdiction of
the involved agencies and encourage a collaborative approach to
solutions that allows each agency to utilize its expertise.
Specifically, under section 508, the Managers intend that, for those
authorities which address murder hornets as an invasive species, the
Department of the Interior shall work in conjunction with the
Department of Agriculture.
The Managers believe lessees of recreational and other facilities at
water resource development projects should have more predictability and
stability with regard to their respective lease agreements with the
Corps. The Managers are, in conjunction with enactment of WRDA 2020,
requesting the U.S. Government Accountability Office (GAO) to analyze
Corps of Engineers policies related to the length of commercial
concessionaire contracts. In the interim, the Managers believe that the
Corps should consider the use of concessionaire lease agreements for a
period of not less than 25 years and not more than 50 years, unless
otherwise agreed to by the lessee. This effective tool will provide
greater predictability and stability in the use of Corps lands by the
lessee.
Madam Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Natural Resources,
Washington, DC, December 4, 2020.
Hon. Peter A. DeFazio,
Chair, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chair DeFazio: In recognition of the goal of
expediting consideration of S. 1811, ``A bill to make
technical corrections to the America's Water Infrastructure
Act of 2018, and for other purposes'' the Committee on
Natural Resources agrees to waive formal consideration of the
bill as to provisions that fall within the Rule X
jurisdiction of the Committee on Natural Resources.
The Committee on Natural Resources takes this action with
the mutual understanding that, in doing so, we do not waive
any jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as the bill or similar
legislation moves forward so that we may address any
remaining issues within our jurisdiction. Our Committee also
reserves the right to seek appointment of conferees to any
House-Senate conference involving this or similar
legislation.
Thank you for agreeing to include our exchange of letters
in the Congressional Record. I appreciate your cooperation
regarding this legislation and look forward to continuing to
work with you as this measure moves through the legislative
process.
Sincerely,
Raul M. Grijalva,
Chair, House Natural Resources Committee.
____
Committee on Transportation and Infrastructure,
U.S. House of Representatives
Washington, DC, December 4, 2020.
Hon. Raul Grijalva,
Chair, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Chair Grijalva: Thank you for your letter regarding S.
1811, A bill to make technical corrections to the America's
Water Infrastructure Act of 2018, and for other purposes. I
appreciate your decision to waive formal consideration of the
bill.
I agree that the Committee on Natural Resources has valid
jurisdictional claims to certain provisions in this important
legislation, and I further agree that by forgoing formal
consideration of the bill, the Committee on Natural Resources
is not waiving any jurisdiction over any relevant subject
matter. Additionally, I will support the appointment of
conferees from the Committee on Natural Resources should a
House-Senate conference be convened on this legislation.
Finally, this exchange of letters will be included in the
Congressional Record when the bill is considered on the
floor.
Thank you again, and I look forward to continuing to work
collaboratively with the Committee on Natural Resources on
this important issue.
Sincerely,
Peter A. DeFazio,
Chair.
Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, some of what I say today is going to be a little
redundant, but I think it does bear repeating.
I do stand here in strong support of the amended version of S. 1811,
which is the Water Resources Development Act 2020 or WRDA. The bill
represents a bipartisan, bicameral compromise. It renews our commitment
to regularly consider water resources infrastructure legislation.
And I remind my House colleagues and reiterate what the chairman
said, we unanimously passed a bipartisan WRDA bill out of the Committee
on Transportation and Infrastructure, and we unanimously passed it on
the floor of the House in July. And now, 5 months later, we hope to do
the very same thing after successfully negotiating with the Senate.
Madam Speaker, WRDA 2020 authorizes--and, again, as has been pointed
out--60 critical water resource projects. This is the most
authorizations in recent history. These projects are going to
strengthen our global competitiveness, they are going to grow the
economy, they are going to provide flood protection for our
communities, they are going to safeguard the environment, and create
jobs.
Additionally, WRDA is fiscally responsible and deauthorizes old
projects to fully offset new authorizations. It advances inland
waterway improvements by adjusting the Inland Waterways Trust Fund
cost-share; it includes important considerations and set-asides for
rural communities; and it provides relief to communities, such as those
in my home State of Missouri that have experienced repetitive losses as
a result of flood events.
Madam Speaker, I thank Chairman DeFazio, Chair Napolitano, Ranking
Member Westerman, and committee members and staff on both sides for
their efforts in this very important piece of legislation.
On the Republican staff, I particularly want to thank the
Subcommittee on Water Resources and Environment staff: Ian Bennitt, Jon
Pawlow, and Victor Sarmiento. These folks have worked over weekends,
they have worked over the recent holidays to help ensure that our
priorities were intact, and we could move this bill prior to the end of
Congress--at least this year's Congress.
I thank my general counsel, Corey Cooke, Tara Hupman, Tyler
Micheletti, Justin Harclerode, Abby Camp, Nick Christensen, Jack Ruddy,
and my full committee staff director, Paul Sass, for their hard work on
this and getting it done.
Madam Speaker, I strongly urge my colleagues to support this bill, S.
1811, and I reserve the balance of my time.
Mr. DeFAZIO. Madam Speaker, I include in the Record a list of the
organizations supporting S. 1811, the Water Resources Development Act
of 2020.
List of Organizations Supporting S. 1811, The Water Resources
Development Act of 2020
American Association of Port Authorities, American Farm
Bureau Federation, American Great Lakes Port Association,
American Petroleum Institute, American Road & Transportation
Builders Association, American Shore and Beach Preservation
Association, American Society of Civil Engineers, American
Waterways Operators, Associated General Contractors of
America, Association of State Floodplain Managers, California
Association of Port Authorities, Coastal States Organization,
Everglades Foundation, Florida Department of Environmental
Protection, Grain and Feed Association of Illinois, Growmark,
Healing Our Waters-Great Lakes Coalition, Illinois Corn
Growers Association, Illinois Farm Bureau, Illinois
Fertilizer and Chemical Association, Illinois Soybean
Growers, International Federation of Professional and
Technical Engineers, Interstate Council on Water Policy,
Metropolitan Water District of Southern California, National
Association of Counties, National
[[Page H6981]]
Conference of State Legislatures, National Corn Growers
Association, National Association of Flood and Stormwater
Management Agencies, National Grain and Feed Association,
National Governors Association, National League of Cities,
National Marine Manufacturers Association, National Parks
Conservation Association, National Stone, Sand, and Gravel
Association, National Water Resources Association, National
Water Supply Alliance, National Wildlife Federation,
Northwest Seaport Alliance, Oregon Public Ports Association,
Pacific Northwest Waterways Association, Port of Los Angeles,
Port of Redwood City, Portland Cement Association, The
Fertilizer Institute, The Nature Conservancy, Transportation
Trades, Dept., AFL-CIO, United Association of Union Plumbers
and Pipefitters, United Steelworkers, U.S. Chamber of
Commerce, U.S. Conference of Mayors, Waterways Council, Inc.
Mr. DeFAZIO. Madam Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the chair of the Energy and Water Development, and
Related Agencies.
Ms. KAPTUR. Madam Speaker, I thank Chair DeFazio.
Madam Speaker, I rise in strong support of the Water Resources
Development Act.
There is no question that Chairman DeFazio and Chairwoman Napolitano
have worked tirelessly over the last year--and probably longer--to get
this bill to the finish line. This bill delivers for our Nation's
crumbling water infrastructure.
Madam Speaker, S. 1811 enjoys broad bipartisan support because it
pays attention to the unique and particular needs of the different
regions of our diverse Nation. The package includes provisions to
protect 90 percent of North America's surface fresh water on our Great
Lakes. This includes a specific authorization of the invasive species
control system at Brandon Road Lock and Dam. The project serves a
unique national role, and once completed, will serve as a bulwark for
preventing Asian carp and other invasive species from threatening the
fragile ecosystem of our Great Lakes and its $7 billion fishery.
Madam Speaker, today's authorization marks an important milestone for
protecting the Great Lakes recreational fishing industry. Our region
has advocated to include this authorization for nearly a decade. And
since 2010, when Congress authorized the Great Lakes Interbasin Study,
our delegation searched for a long-term and basin-wide solution to the
predatory Asian carp.
I commend the committee for embedding resiliency into the Corps
planning processes and for investing to rebuild and advance the
Nation's water infrastructure for the 21st century.
Finally, the bill adds the words ``Great Lakes'' to the name of the
Saint Lawrence Seaway Development Corporation, and I look forward to
working with my colleagues to shine a light on the Seaway's unique role
in unleashing the economic potential of the region and the Nation.
President Dwight David Eisenhower understood that this seaway is the
shortest distance to Europe, and we must remember that today.
Madam Speaker, I urge support for this bipartisan bill.
{time} 1415
Mr. GRAVES of Missouri. Madam Speaker, I yield 3 minutes to the
gentleman from Arkansas (Mr. Westerman), the ranking member of the
Subcommittee on Water Resources and the Environment.
Mr. WESTERMAN. Madam Speaker, I thank the distinguished ranking
member from Missouri for his leadership on continuing the biennial
consideration for the Water Resources Development Act.
Today, I rise in strong support of S. 1811, the Water Resources
Development Act of 2020. WRDA 2020 will strengthen our Nation's ability
to withstand severe weather and flood events, authorize the
construction of key water infrastructure projects throughout the
Nation, create jobs here at home, and directly contribute to our
economic growth and competitiveness.
All 60 project authorizations contained in WRDA 2020 were proposed by
non-Federal sponsors and underwent a rigorous planning process before
congressional review.
This WRDA bill focuses on building more resilient infrastructure,
increasing rural flood protection, addressing the maintenance backlog
at our Nation's ports and harbors, and prioritizing our Nation's inland
waterways.
The House passed WRDA by voice vote nearly 5 months ago, continuing
the strong bipartisan tradition that WRDA enjoys.
After negotiations with the Senate, I am glad to support this
compromise bill, which contains nearly all of our Chamber's priorities.
S. 1811 is fiscally responsible, with new project authorizations
fully offset by deauthorizations of projects that are outdated or no
longer viable.
Again, I want to stress that this legislation represents the
continuing commitment to regular order for consideration of water
resources projects. Regularly overseeing the improvement of our
Nation's infrastructure is one of the most important responsibilities
of Congress.
This is a good, commonsense, and bipartisan bill. I want to recognize
the great work of our subcommittee staff, Ian, John, and Victor. I also
want to thank Chairman DeFazio and Chairman Napolitano for their
partnership in its creation.
I urge all Members to support S. 1811.
Mr. DeFAZIO. Madam Speaker, I yield 2 minutes to the gentlewoman from
the Virgin Islands (Ms. Plaskett).
Ms. PLASKETT. Madam Speaker, I extend my congratulations to the
committee leaders for successfully reaching an agreement with the
Senate on a final Water Resources Development Act for 2020. This is a
wonderful bill.
We have $10 billion in new water infrastructure authorizations in
this bill. It authorizes all of the pending Chief's reports. That
includes two very important flood risk management projects in my
district, which has been severely harmed by persistent flooding in
recent years, as evidenced by the damage from Hurricanes Irma and
Maria.
I would like to take this opportunity to remind the Army Corps that
it may fund the construction of these projects out of remaining funds
provided in the Bipartisan Budget Act of 2018 and that construction of
such projects in the Virgin Islands, as well as in Puerto Rico, with
funds provided under that act shall be conducted at full Federal
expense.
This bill also contains a long-sought reauthorization of projects for
navigation in the harbors of St. Thomas and Christiansted, St. Croix.
The reauthorization of these projects for navigation will provide the
harbors access to Federal resources for maintenance dredging and
improvements to navigational systems, which will allow them to
accommodate more and larger cruise ships over the long term, thereby
better competing in a competitive Caribbean market. This is a very
strong bill for the ports and harbors of the United States.
Lastly, this bill is probably the most progressive bill in a
generation in terms of directing the Army Corps toward greater
resiliency of future water resources development projects. It includes
several provisions to modernize how the Corps develops future projects
to make sure that it is better able to deal with issues of climate
change and extreme wet weather events.
All in all, this is a significant investment in water resources
infrastructure, and I urge my colleagues to support this legislation.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from Texas (Mr. Babin).
Mr. BABIN. Madam Speaker, if southeast Texas is going to continue as
the global leader in creating reliable, affordable energy, we must
modernize and improve our water infrastructure.
My district has four ports, including the main terminal of the Port
of Houston, as well as the Houston Ship Channel, which is the busiest
U.S. deep-draft waterway and the top exporting port in the Nation.
The provisions of 2020's WRDA to dredge, widen, and improve two-way
traffic on the Houston Ship Channel is a product of hard work and
collaboration over the last several years. This major accomplishment is
the cornerstone for a more efficient, safe, and productive waterway for
everyone.
However, I recognize that there is still more work to be done. It is
not an exaggeration to say that by spending a million dollars today on
hurricane and flood prevention infrastructure, we are saving a billion
dollars in damages
[[Page H6982]]
down the road from another storm like Hurricane Harvey.
Thankfully, this bill contains numerous provisions for me and my
colleagues on both sides of the aisle that address these critical
needs.
I wish to thank Ranking Member Graves as well as Chairman DeFazio,
Mr. Westerman, and Mrs. Napolitano. Passing legislation like this one
today will bring great benefit to southeast Texas and the entire
country.
Mr. DeFAZIO. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Cuellar).
Mr. CUELLAR. Madam Speaker, I want to thank Chairman DeFazio for his
leadership, his staff for working hard on this particular bill, and the
ranking member and his staff for doing this.
I want to talk about one project that got added, and that is the
Chacon Creek in Laredo, Texas. This is a project that we have been
working on for many years with the city of Laredo. Now, this will
provide the flood control, the work that we need to do, that starts off
from Lake Casa Blanca all the way to the Rio Grande, miles of area that
will provide not only for the environment but also for the quality of
life for Laredo.
I want to thank Chairman DeFazio so much for his great work, and we
appreciate him in Laredo, Texas.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from North Carolina (Mr. Rouzer).
Mr. ROUZER. Madam Speaker, I rise in support of the Water Resources
Development Act of 2020.
Our Nation's inlets, waterways, harbors, ports, and beaches are
critical components of our national infrastructure, supporting
countless local economies all across the country.
My district, which includes the southern portion of the North
Carolina coast, relies on this biennial, bipartisan bill to maintain
and improve our resource projects.
I would like to thank the Army Corps of Engineers for their work in
support of the coastal storm damage reduction projects at Wrightsville
Beach, as well as Carolina and Kure Beaches. Their team and mine work
together constantly to ensure that the right decisions are made and
executed.
I want to especially thank the chairman and the ranking member for
their work and commitment to keep this legislation a good, bipartisan
product of the committee. I particularly appreciate their willingness
to work with me to address the needs of our coastal communities and the
infrastructure so important to North Carolina's economy. I also want to
thank the staff of the majority and minority for the many hours they
have worked to make this day possible.
Madam Speaker, I urge my colleagues to support the bill.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from Florida (Mr. Mast).
Mr. MAST. Madam Speaker, I thank Ranking Member Graves and Chairman
DeFazio for their work and the committee staff for their work on this
piece of legislation.
Water is the lifeblood of Florida, and there is not a more important
piece of legislation to our State or to our community, my community
specifically, because of the work that this bill does.
The Water Resources Development Act demands that the Army Corps of
Engineers rewrite protocols that they have that allow them to poison my
community, demands that they accelerate construction of the hugely
important EAA Reservoir, demands that they move more water into
Florida's Everglades where it is needed because they are dying because
of lack of water.
This piece of legislation is vital to our State. I would absolutely
argue there is nothing more important to our State, and I couldn't
thank enough the chairman, the ranking member, and all the staff for
all of their work on this very important piece of legislation.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 2 minutes to the
gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Madam Speaker, I rise in strong
support of WRDA 2020.
This bill increases the authorized cost of the Cano Martin Pena
Ecosystem Restoration Project, representing the fully funded cost
estimate at fiscal year 2020 levels. This project was authorized in
2007, prior to completing the feasibility phase and without updated
costs. That is the reason it is so important for me. This change
reflects the reality of costs and supports the project moving forward.
This bill also authorizes flood risk management projects for Rio
Culebrinas, Rio Guayanilla, and Rio Grande de Manati in the
municipalities of Aguada, Aguadilla, Guayanilla, and Ciales.
Authorization is a firm step in the right direction as we work with
stakeholders to restore these rivers and improve flood protection and
the health and economic opportunities of island residents.
I would like to thank Chairman DeFazio and Ranking Member Graves and
their staff for working alongside my office to secure those provisions.
I also want to thank them for including the current mapping of all
coasts that are experiencing rapid change. That means that Alaska,
Hawaii, and many of the territories are going to be included in that
provision.
Madam Speaker, I urge my colleagues to vote in favor of the bill.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 2 minutes to the
gentleman from New York (Mr. Zeldin).
Mr. ZELDIN. Madam Speaker, I rise in strong support of this measure,
which prioritizes six key projects for New York's First Congressional
District, a district almost completely surrounded by water.
On the east end of Long Island, we have a unique responsibility to
safeguard our local waterways, from bolstering our local maritime
infrastructure to managing future storm risks.
Working with my colleagues on both sides of the aisle and the Army
Corps team at its New York district office, this bill prioritizes local
projects that are vital to my congressional district.
The Fire Island to Montauk Point project includes essential dredging
and shoreline projects over 83 miles of coastline. Coastal storm risk
management for Hashamomuck Cove in Southold is included, where, right
now, local residents, businesses, and first responders are paralyzed
even during a severe thunderstorm.
Additionally, this legislation authorizes a feasibility study for a
project at Wading River Creek in Riverhead and expedites feasibility
studies for projects at Reel Point Preserve and Shelter Island,
Goldsmith Inlet in Southold, and Lake Montauk Harbor in Montauk.
Continuing to safeguard and invest in our maritime infrastructure
will help preserve Long Island's way of life for generations to come.
Madam Speaker, I urge my colleagues to support this legislation, and
I thank the chair and ranking member for their leadership in making
this a reality.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from New York (Mr. Jacobs).
Mr. JACOBS. Madam Speaker, I rise in support of the Water Resources
Development Act, which is critical to districts with significant
shorelines, like mine.
I am especially pleased to see the Great Lakes Coastal Resiliency
Study included in this bill. High water levels on Lake Erie, and
especially on Lake Ontario, are a major concern to communities in our
region. Homeowners and business owners along Lake Ontario have suffered
significant flooding and devastating property damage over the last few
years. This study will inform those projects and policies that will
mitigate high water levels and, hopefully, prevent future flooding of
the kind suffered recently.
I would also like to thank our leaders in the House, Ranking Member
Sam Graves and Chairman Peter DeFazio, for the bipartisan work they
have done on this legislation. The bipartisan work in the committee on
WRDA is always welcome and a strong example of the way business can be
conducted here.
Madam Speaker, I urge my colleagues to vote in favor of S. 1811.
[[Page H6983]]
{time} 1430
Mr. GRAVES of Missouri. Madam Speaker, I yield 3 minutes to the
gentleman from Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I thank my good friend,
the ranking member. I didn't realize I was delaying his closing
statement. I am interested in hearing it, too.
And then we are going to compare beards together after this; right? I
am going to lose, I know, because he is the ranking member. That is
what happens.
Madam Speaker, I do want to say a heartfelt thank-you and
congratulations to Ranking Member Graves. This is a testament to his
leadership for our side on this committee that we have come here to see
such bipartisanship when it comes to the Water Resources Development
Act.
Madam Speaker, I do also want to thank Chairman DeFazio for his hard
work. This is something that we have seen over my time in Congress. My
first term, I was blessed enough to be appointed to the conference
committee that got us on track for getting WRDA together on a biennial
process.
Chairman DeFazio and Ranking Member Graves, these are the guys who
helped lead the teams to put this successful effort together.
And the chairman, I am sure, is probably surprised. I haven't been
one to stand up and talk about bipartisanship in this Congress as much
as I would have liked, but today is that day to celebrate, and he needs
to be commended for his leadership, and I am excited that we see this
success when it comes to WRDA.
This legislation is important to my district because I represent the
Illinois and Mississippi waterways, the navigation projects that make
sure that global commerce gets from my district out into the global
marketplace.
Without proper policies governing the Corps of Engineers and projects
that are so important to my district, we wouldn't be able to be as
successful, economically. This is the reason why I am so excited that
we see this bipartisan effort.
Madam Speaker, I urge a hearty ``yes'' vote and passage on this bill,
and I thank every one of my colleagues who helped get us to this point.
Madam Speaker, I certainly look forward to an overwhelming vote in the
House today or later this week.
Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, in closing, let me note that WRDA 2020 will make
America more competitive, grow jobs, foster a more robust economy, and,
very importantly, it is going to protect our communities for years to
come.
We passed a very similar bill by voice vote earlier this year, and
this version reflects negotiations with the Senate that successfully
maintained those strong principles and priorities from the House bill.
Madam Speaker, I would just like to say, as well, that it has been a
pleasure working with Chairman DeFazio and his staff in this process,
and this is the way that the Committee on Transportation and
Infrastructure usually works; and when it does work this way, we
produce really good products.
This is a good piece of legislation, and, hopefully, we will see much
more of that in the future. I know I am committed to it, and I think it
makes a big difference.
Madam Speaker, I urge all Members to join me in supporting this
bipartisan legislation, and I yield back the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, as has been said and doesn't need to be repeated, this
is a fully bipartisan bill, and it does make essential investments in
water infrastructure that will impact virtually every State and
territory of the United States of America.
As a great maritime nation, we can't afford not to make these
investments; and hopefully it will be added, without change, to the
omnibus year-end deal, or the Senate could perhaps take it up under
unanimous consent since I don't think anyone would object to it over
there. One way or another, hopefully, it will get done.
Madam Speaker, I would like to be more specific in thanking staff for
this legislation. There was quite a lengthy negotiation.
The Senate never individually passed the bill. We had to negotiate
the whole bill with the Senate, and Ryan Seiger led the team--he did a
great job--Camille Touton, Navis Bermudez, and Alexa Williams; and on
the Republican side, Ian Bennitt, Jon Pawlow, and Victor Sarmiento.
Then the unseen heroes behind all the good work here in the House are
those who work in the Office of Legislative Counsel, and too often we
overlook how critical they are to writing good legislation.
Sometimes I am amazed at the things that are introduced and that are
gibberish, to put it mildly. Kakuti Lin and all her colleagues, thank
you very much for your tremendous work on this, and it will be a great
benefit to the Nation.
Madam Speaker, I yield back the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I rise in strong support of S
1811, the Water Resources Development Act. I would like to thank
Chairman DeFazio and my fellow colleagues on the House Transportation
and Infrastructure Committee, along with my colleagues in the Senate,
for their diligent work to produce this much needed water resources
bill. Everyone is the U.S. is impacted by the need for clean water and
I believe this bill takes a giant step forward to ensuring this becomes
a reality for every American.
Within my district, The City of Dallas is appreciative to the U.S.
Army Corps of Engineers (Corps) for their funding of the Dallas Flood
way, Dallas Flood way Extension flood risk management projects and
Lewisville Dam repairs and their continued efforts to complete these
projects quickly. I look forward to continuing to hear good reports on
the progress of these projects. I am pleased that the Corp is moving
forward with these projects.
Please allow me to note that it is helpful for the Corps to accept
input from non-federal sponsors in the development of WRDA guidance.
The Corps, working with local non-federal sponsors instead of
developing guidance independently, will result in more resilient
projects with multiple benefits. The role of resiliency in the
construction, operation and maintenance of projects carried out by the
U.S. Army Corps of Engineers (Corps) must continue to be a priority.
The Dallas area falls within the Southwestern Division of the Army
Corps of Engineers. Flooding and flood control continue to be issues
that are ever-present on the minds of residents along the Trinity
River. I have held several meetings on flooding in the Dallas area to
address this issue and hope to continue to work with the Corp to combat
flooding in Dallas.
Other parts of North Texas have also benefited from projects included
in previous versions of WRDA legislation. The projects addressing pump
stations and levy heights in Dallas, along with bridge projects in Ft.
Worth would not be where they are today without the Corps and this
legislation.
Madam Speaker, the Dallas-Fort Worth Metroplex is growing at a quite
rapid pace and this updated legislation will help to provide adequate
water and wastewater infrastructure to meet the demands, given the
rapid pace of growth and development in our area. Furthermore, the bill
will help in addressing maintenance needs, replacing aging
infrastructure, and help in accounting for human behavior in all
aspects of our water system--from sewer overflows, to promoting water
conservation through drought tolerant outdoor landscaping.
Lastly, I want to thank the committee for working with me to include
language in the bill regarding the embankment of Lake Waco, on which
Lake Shore Drive is located, so that we may keep the public safe from
danger. We were able to work with the Senate on language that was
direct and clear. It is very encouraging to know that we can continue
to work in a bipartisan way to work with the committee to ensure that
Lakeshore Drive is not a safety hazard.
Madam Speaker, the projects I just mentioned are a tiny piece of the
multitude of projects the Army Corps of Engineers works on to help
address the water needs of the United States and its residents. Every
American is impacted by this legislation and I urge my colleagues to
support it.
Mrs. NAPOLITANO. Madam Speaker, I rise in strong support of S. 1811,
the Water Resources Development Act of 2020. Today's vote is on the
bipartisan, bicameral WRDA agreement by House and Senate Committee
leaders. I want to particularly thank Chairman DeFazio, Ranking Member
Graves, Subcommittee Ranking Member Westerman and the Members of the
Transportation and Infrastructure Committee for their important work
over the past 2 years on this bill.
The Water Resources Development Act is our legislative commitment to
investing in
[[Page H6984]]
Corps projects that help to protect our communities from flooding
events, restore our environment and ecosystems, and keep our nation's
competitiveness by investing in our ports and harbors.
The projects considered in this legislation are truly from Sea to
Shining Sea--from the Unalaska (Dutch Harbor) Project in Alaska, to the
Yuba River Ecosystem Restoration in California, the Matagorda Ship
Channel project in Texas, to the New York and New Jersey Anchorages.
Through biennial enactment of WRDA legislation, the Congress has
addressed local, regional, and national needs through authorization of
new Corps projects, studies, and policies that benefit every corner of
the nation. WRDA 2020 is no exception.
I would particularly like to recognize Chairman DeFazio for his
continued efforts to unlock the Harbor Maintenance Trust Fund and his
partnership in ensuring that all ports receive the tools they need in
the future.
My region is home to the largest ports in the nation, the Port of Los
Angeles and the Port of Long Beach. These ports handle over 40 percent
of the exports and imports into the United States. Los Angeles and Long
Beach have invested billions of dollars of their own money to upgrade
their infrastructure for the benefit of the entire nation. But the
success of the Ports of Los Angeles and Long Beach are only as strong
as their partnership with the federal government.
As part of this legislation, donor ports like the Ports of Los
Angeles and Long Beach will benefit from a greater share of the Harbor
Maintenance Trust Fund. Expanded in-water uses that are crucial to the
navigation of the federal channel are now eligible. Seismic impacts
will also be considered as part of the benefit-cost ratio for
navigation projects.
I am also proud of the provisions in WRDA that look to study water
supply as a primary purpose of the Corps. We in the West are in a
continuous fight against drought, and we have remarkable Corps
reservoirs that were built for flood control but can be used more
effectively for local water supply. The Corps is adapting to these
local needs in the West, and this bill will give the Corps more ability
and focus on addressing long-term water reliability of arid
communities.
The bill also includes important assistance to socio-economically
disadvantaged urban and rural areas by requiring the Corps to work more
directly with local leaders and residents on Corps projects and provide
positive impacts to these communities. This will build long-term
resiliency for economic development, environmental and health
improvements, and clean and safe water resource projects.
Lastly, this bill includes language necessary for my district and
wildfire prone regions of the country to improve efforts by the Corps
to remove unauthorized, human-made flammable equipment and materials
from Corps property. This year there was an illegal fire on Corps
property in my district that led to a major wildfire evacuating
hundreds of residents and coming close to damaging property and harming
our community. The language in this bill, in addition to efforts to
increase Corps funding, will go a long way to helping the Corps remove
these fire hazards.
I would like to thank the many people who have helped this bill
become a reality: Subcommittee Vice Chair Debbie Mucarsel-Powell, for
her leadership on WRDA and especially all things Florida.
Thank you to the leadership at the U.S. Army Corps of Engineers, ASA
James, General Spellmon, Retired General Semonite, Al Lee and the
Senior Executive Service team, and Corps Counsel. I would especially
like to thank Corps Futures Team--David Wethington, Laura Powell, and
Andrea Busch, for their time and partnership in answering our questions
to the nearly 1,100 submissions we received for WRDA 2020.
I am very fortunate to have some of the best water and port leaders
in the country in my district and Southern California who provided
valuable input for this bill, including Col. Julie Balten, Col. Aaron
Barta and David Van Dorpe of the Los Angeles District, Los Angeles
County Supervisor Hilda Solis, Los Angeles County Public Works Director
Mark Pestrella, Los Angeles City Mayor Eric Garcetti, Los Angeles Port
Director Gene Seroka, Long Beach Port Director Mario Cordero,
Metropolitan Water District Board Chair Gloria Grey, and San Gabriel
Basin Watermaster Tony Zampiello.
Madam Speaker, I would particularly like to thank the Subcommittee
Ranking Member Bruce Westerman for his friendship and collegiality
through the hearings, meetings and roundtables which led to this
bipartisan accomplishment. And most importantly, I would like to thank
the incredible water subcommittee staff, including Alexa Williams,
Camille Touton, Navis Bermudez, Ryan Seiger, Victor Sarmiento, Jon
Pawlow, and Ian Bennitt.
I urge my colleagues to support WRDA 2020.
Mr. GARAMENDI. Madam Speaker, I rise in strong support of the final
``Water Resources Development Act of 2020'' (S. 1811). Working with
other members of the Committee on Transportation and Infrastructure, I
am very pleased to reach agreement with the Senate on a truly
bipartisan bill and the fourth biennial Water Resources Development Act
(WRDA) to be passed by Congress since 2014.
My Congressional district includes 200 miles of the Sacramento River
and is adjacent to several major ports. WRDA 2020 includes key
provisions for the California Delta and Central Valley to authorize and
expedite construction of flood protection and aquatic ecosystem
restoration projects, address harmful algal blooms, and give local
agencies greater flexibility in using federal Army Corps funds to
better meet local needs. Under Chairman DeFazio's leadership, the bill
finally fixes the Harbor Maintenance Trust Fund to ensure that regional
dredging and navigation projects are fully funded.
I secured Congressional authorization for the Delta Islands and
Levees Ecosystem Restoration Project, Yuba River Ecosystem Restoration
Project, and Sacramento Regional Groundwater Bank in WRDA 2020. These
projects provide critical flood protection and make local communities
across the Central Valley more resilient to climate change.
I also secured deauthorization of the Sacramento Riverbed Gradient
Restoration Facility and Western Pacific Interceptor Canal, returning
these former Army Corps projects to full local control.
WRDA 2020 also expedites completion of the Army Corps' feasibility
studies needed for the San Francisco Bay to Stockton Navigation
Improvement Project, Lower Cache Creek Flood Risk Management Project,
and Sutter Bypass and Sacramento River Basin Floodplain Management
Project. I look forward to securing Congressional authorization for
these projects once the Army Corps completes the requisite feasibility
studies.
Working with Rep. Doris O. Matsui (CA-06), I secured inclusion of our
``Yolo Bypass System Improvement Act'' in WRDA 2020 to improve
coordinated planning for all restoration projects and federal
permitting in the Yolo Bypass.
Lastly, I am very pleased that the new Army Corps harmful algal bloom
program established under WRDA 2020 includes the California Delta as a
focus area. This will better protect the Delta's precious ecosystem
from toxic algal blooms.
The House report for WRDA 2020 includes my amendment directing the
Army Corps to report to Congress on implementation of the Small
Business Act across all the Corps' missions. This strengthens
Congressional oversight over the Corps' contracting process and ensures
that the Small Business Act is implemented fully in an equitably
distributed manner, as intended by Congress.
I want to extend a special appreciation to my colleague Rep. Grace F.
Napolitano (CA-32), chairwoman of the Subcommittee on Water Resources
and Environment, for her tireless work in this WRDA for the entire
California delegation. WRDA 2020 ensures that Army Corps projects in
California requiring earthquake-resistance and other seismic safety
costs remain equally competitive for federal funding compared to
projects in other states.
I urge all Members of Congress to support this bipartisan WRDA 2020,
which is expected to be signed into law this year. This two-year
authorization bill provides the federal support and certainty needed to
keep Army Corps projects across California on time and on budget.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules
and pass the bill, S. 1811, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``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.''.
A motion to reconsider was laid on the table.
____________________