[Congressional Record Volume 168, Number 120 (Wednesday, July 20, 2022)]
[Senate]
[Pages S3548-S3579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5139. Mr. PORTMAN (for himself, Mr. Young, and Mr. Grassley) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4346, making appropriations for Legislative Branch for the fiscal year 
ending September 30, 2022, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--SAFEGUARDING AMERICAN INNOVATION

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. __. DEFINITIONS.

       In this title:
       (1) Federal science agency.--The term ``Federal science 
     agency'' means any Federal department or agency to which more 
     than $100,000,000 in basic and applied research and 
     development funds were appropriated for the previous fiscal 
     year.
       (2) Research and development.--
       (A) In general.--The term ``research and development'' 
     means all research activities, both basic and applied, and 
     all development activities.
       (B) Development.--The term ``development'' means 
     experimental development.
       (C) Experimental development.--The term ``experimental 
     development'' means creative and systematic work, drawing 
     upon knowledge gained from research and practical experience, 
     which--
       (i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       (ii) like research, will result in gaining additional 
     knowledge.
       (D) Research.--The term ``research''--
       (i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       (ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       (I) utilize the same facilities as other research and 
     development activities; and
       (II) are not included in the instruction function.

     SEC. __. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives;
       ``(M) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       ``(M) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using research and 
     development funds awarded by Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.
       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     terrorism, unauthorized disclosure of national security 
     information or nonpublic information, a destructive act 
     (which may include physical harm to another in the

[[Page S3549]]

     workplace), or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which shall develop federally funded research and 
     development grant making policy and management guidance to 
     protect the national and economic security interests of the 
     United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Department of Justice.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce.
       ``(I) The Department of Health and Human Services.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the head of each agency represented on the Council shall 
     designate a representative of that agency as the lead 
     representative of the agency on the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the Director of the Office of Management and Budget shall 
     designate a senior level official from the Office of 
     Management and Budget to serve as the Chairperson of the 
     Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall designate a senior level 
     official to be the lead science advisor to the Council for 
     purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall designate a 
     senior level official from the National Counterintelligence 
     and Security Center to be the lead security advisor to the 
     Council for purposes of this chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of the Safeguarding 
     American Innovation Act and not less frequently than 
     quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) Definitions.--In this section:
       ``(1) Implementing.--The term `implementing' means working 
     with the relevant Federal agencies, through existing 
     processes and procedures, to enable those agencies to put in 
     place and enforce the measures described in this section.
       ``(2) Uniform application process.--The term `uniform 
     application process' means a process employed by Federal 
     science agencies to maximize the collection of information 
     regarding applicants and applications, as determined by the 
     Council.
       ``(b) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, awards, 
     and contracts, a uniform application process for grants in 
     accordance with subsection (c).
       ``(2) Developing and implementing policies and providing 
     guidance to prevent malign foreign interference from unduly 
     influencing the peer review process for federally funded 
     research and development.
       ``(3) Identifying or developing criteria for sharing among 
     Executive agencies and with law enforcement and other 
     agencies, as appropriate, information regarding individuals 
     who violate disclosure policies and other policies related to 
     research security.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-Federal entities based on the 
     process established pursuant to paragraph (1); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, consistent with Federal 
     law--
       ``(i) the oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support the verification 
     of the identities of persons participating in federally 
     funded research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (e) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for expanding the scope of Executive agency 
     insider threat programs, including the safeguarding of 
     research and development from exploitation, compromise, or 
     other unauthorized disclosure, taking into account risk 
     levels and the distinct needs, missions, and systems of each 
     such agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (c)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations, appointments, or participation in talent 
     programs with foreign funding institutions or laboratories; 
     and
       ``(B) the impact of such support and affiliations, 
     appointments, or participation in talent programs on United 
     States national security and economic interests.
       ``(8) Providing guidance to Executive agencies regarding 
     appropriate application of consequences for violations of 
     disclosure requirements.
       ``(9) Developing and implementing a cross-agency policy and 
     providing guidance related to the use of digital persistent 
     identifiers for individual researchers supported by, or 
     working on, any Federal research grant with the goal to 
     enhance transparency and security, while reducing 
     administrative burden for researchers and research 
     institutions.
       ``(10) Engaging with the United States research community 
     in conjunction with the National Science and Technology 
     Council and the National Academies Science, Technology and 
     Security Roundtable created under section 1746 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 42 U.S.C. 6601 note) in performing the 
     functions described in paragraphs (1), (2), and (3) and with 
     respect to issues relating to Federal research security 
     risks.
       ``(11) Carrying out such other functions, consistent with 
     Federal law, that are necessary to reduce Federal research 
     security risks.

[[Page S3550]]

       ``(c) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (b)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and key personnel associated with the proposed 
     Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(d) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (b)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.
       ``(e) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (b)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency and shares 
     insider threat information with the executive agency research 
     sponsors;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(f) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor designated under section 7902(c)(4), 
     shall establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.
       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Director of 
     the Office of Management and Budget and the Director of the 
     Office of Science and Technology Policy that detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;
       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.
       ``(h) Savings Provision.--Nothing in this section may be 
     construed--
       ``(1) to alter or diminish the authority of any Federal 
     agency; or
       ``(2) to alter any procedural requirements or remedies that 
     were in place before the date of the enactment of the 
     Safeguarding American Innovation Act.

     ``Sec. 7904. Annual report

       ``Not later than November 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes the activities of the 
     Council during the preceding fiscal year.

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States;
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council; and
       ``(5) ensuring the initiatives developed pursuant to this 
     section comply with title VI of the Civil Rights Act of 1964 
     (42 U.S.C. 2000d et seq.).
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

``79. Federal Research Security Council....................7901.''.....

     SEC. __. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.

[[Page S3551]]

       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual, the value 
     of which is $1,000 or more;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a material false statement;
       ``(B) contains a material misrepresentation; or
       ``(C) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both, in accordance 
     with the level of severity of that individual's violation of 
     subsection (b); and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. __. RESTRICTING THE ACQUISITION OF EMERGING TECHNOLOGIES 
                   BY CERTAIN ALIENS.

       (a) Grounds of Visa Sanctions.--The Secretary of State may 
     impose the sanctions described in subsection (c) if the 
     Secretary determines an alien is seeking to enter the United 
     States to knowingly acquire sensitive or emerging 
     technologies to undermine national security interests of the 
     United States by benefitting an adversarial foreign 
     government's security or strategic capabilities.
       (b) Relevant Factors.--To determine if an alien is 
     inadmissible under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas and admission to the united 
     states.--An alien described in subsection (a) may be--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Current visas revoked.--
       (A) In general.--An alien described in subsection (a) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall take effect immediately, and automatically cancel any 
     other valid visa or entry documentation that is in the 
     alien's possession, in accordance with section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)).
       (3) Exception to comply with international obligations.--
     The sanctions described in this subsection shall not apply 
     with respect to an alien if admitting or paroling the alien 
     into the United States is necessary to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.
       (d) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (f), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant, used to determine whether an 
     alien is subject to sanctions under subsection (a);
       (2) the number of individuals determined to be subject to 
     sanctions under subsection (a), including the nationality of 
     each such individual and the reasons for each sanctions 
     determination; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (e) Classification of Report.--Each report required under 
     subsection (d) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

     SEC. __. MACHINE READABLE VISA DOCUMENTS.

       (a) Machine-readable Documents.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (1) use a machine-readable visa application form; and
       (2) make available documents submitted in support of a visa 
     application in a machine readable format to assist in--
       (A) identifying fraud;
       (B) conducting lawful law enforcement activities; and
       (C) determining the eligibility of applicants for a visa 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (b) Waiver.--The Secretary of State may waive the 
     requirement under subsection (a) by providing to Congress, 
     not later than 30 days before such waiver takes effect--
       (1) a detailed explanation for why the waiver is being 
     issued; and
       (2) a timeframe for the implementation of the requirement 
     under subsection (a).
       (c) Report.--Not later than 45 days after date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Foreign 
     Relations of the Senate; the Committee on Oversight and 
     Reform of the House of Representatives, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Energy and Commerce of the House of 
     Representatives, the

[[Page S3552]]

     Permanent Select Committee on Intelligence of the House of 
     Representatives, and the Committee on Foreign Affairs of the 
     House of Representatives that--
       (1) describes how supplementary documents provided by a 
     visa applicant in support of a visa application are stored 
     and shared by the Department of State with authorized Federal 
     agencies;
       (2) identifies the sections of a visa application that are 
     machine-readable and the sections that are not machine-
     readable;
       (3) provides cost estimates, including personnel costs and 
     a cost-benefit analysis for adopting different technologies, 
     including optical character recognition, for--
       (A) making every element of a visa application, and 
     documents submitted in support of a visa application, 
     machine-readable; and
       (B) ensuring that such system--
       (i) protects personally-identifiable information; and
       (ii) permits the sharing of visa information with Federal 
     agencies in accordance with existing law; and
       (4) includes an estimated timeline for completing the 
     implementation of subsection (a).

     SEC. __. CERTIFICATIONS REGARDING ACCESS TO EXPORT CONTROLLED 
                   TECHNOLOGY IN EDUCATIONAL AND CULTURAL EXCHANGE 
                   PROGRAMS.

       Section 102(b)(5) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to 
     read as follows:
       ``(5) promoting and supporting medical, scientific, 
     cultural, and educational research and development by 
     developing exchange programs for foreign researchers and 
     scientists, while protecting technologies regulated by export 
     control laws important to the national security and economic 
     interests of the United States, by requiring--
       ``(A) the sponsor to certify to the Department of State 
     that the sponsor, after reviewing all regulations related to 
     the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.), has 
     determined that--
       ``(i) a license is not required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; or
       ``(ii)(I) a license is required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; and
       ``(II) the sponsor will prevent access to the controlled 
     technology or technical data by the exchange visitor until 
     the sponsor--

       ``(aa) has received the required license or other 
     authorization to release it to the visitor; and
       ``(bb) has provided a copy of such license or authorization 
     to the Department of State; and

       ``(B) if the sponsor maintains export controlled technology 
     or technical data, the sponsor to submit to the Department of 
     State the sponsor's plan to prevent unauthorized export or 
     transfer of any controlled items, materials, information, or 
     technology at the sponsor organization or entities associated 
     with a sponsor's administration of the exchange visitor 
     program.''.

     SEC. __. PRIVACY AND CONFIDENTIALITY.

       Nothing in this title may be construed as affecting the 
     rights and requirements provided in section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974'') or subchapter III of chapter 35 of title 44, United 
     States Code (commonly known as the ``Confidential Information 
     Protection and Statistical Efficiency Act of 2018'').
                                 ______
                                 
  SA 5140. Mr. CARPER (for himself, Mrs. Capito, Mr. Cardin, and Mr. 
Cramer) submitted an amendment intended to be proposed by him to the 
bill H.R. 7776, 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; which was 
ordered to lie on the table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2022''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Scope of feasibility studies.
Sec. 102. Shoreline and riverbank protection and restoration mission.
Sec. 103. Inland waterway projects.
Sec. 104. Protection and restoration of other Federal land along rivers 
              and coasts.
Sec. 105. Policy and technical standards.
Sec. 106. Planning assistance to States.
Sec. 107. Floodplain management services.
Sec. 108. Workforce planning.
Sec. 109. Credit in lieu of reimbursement.
Sec. 110. Coastal cost calculations.
Sec. 111. Advance payment in lieu of reimbursement for certain Federal 
              costs.
Sec. 112. Use of emergency funds.
Sec. 113. Research and development.
Sec. 114. Tribal and Economically Disadvantaged Communities Advisory 
              Committee.
Sec. 115. Non-Federal Interest Advisory Committee.
Sec. 116. Underserved community harbor projects.
Sec. 117. Corps of Engineers Western Water Cooperative Committee.
Sec. 118. Updates to certain water control manuals.
Sec. 119. Sense of Congress on operations and maintenance of recreation 
              sites.
Sec. 120. Relocation assistance.
Sec. 121. Reprogramming limits.
Sec. 122. Lease durations.
Sec. 123. Sense of Congress relating to post-disaster repairs.
Sec. 124. Payment of pay and allowances of certain officers from 
              appropriation for improvements.
Sec. 125. Reforestation.
Sec. 126. Use of other Federal funds.
Sec. 127. National low-head dam inventory.
Sec. 128. Transfer of excess credit.
Sec. 129. National levee restoration.
Sec. 130. Inland waterways regional dredge pilot program.
Sec. 131. Funding to process permits.
Sec. 132. Non-Federal project implementation pilot program.
Sec. 133. Cost sharing for territories and Indian Tribes.
Sec. 134. Water supply conservation.
Sec. 135. Criteria for funding operation and maintenance of small, 
              remote, and subsistence harbors.
Sec. 136. Protection of lighthouses.
Sec. 137. Expediting hydropower at Corps of Engineers facilities.
Sec. 138. Materials, services, and funds for repair, restoration, or 
              rehabilitation of certain public recreation facilities.
Sec. 139. Dredged material management plans.
Sec. 140. Lease deviations.
Sec. 141. Columbia River Basin.
Sec. 142. Continuation of construction.

                     TITLE II--STUDIES AND REPORTS

Sec. 201. Authorization of feasibility studies.
Sec. 202. Special rules.
Sec. 203. Expedited completion of studies.
Sec. 204. Studies for periodic nourishment.
Sec. 205. NEPA reporting.
Sec. 206. GAO audit of projects over budget or behind schedule.
Sec. 207. GAO study on project distribution.
Sec. 208. GAO audit of joint costs for operations and maintenance.
Sec. 209. GAO review of Corps of Engineers mitigation practices.
Sec. 210. Sabine-Neches Waterway Navigation Improvement project, Texas.
Sec. 211. Great Lakes recreational boating.
Sec. 212. Central and Southern Florida.
Sec. 213. Investments for recreation areas.
Sec. 214. Western infrastructure study.
Sec. 215. Upper Mississippi River and Illinois Waterway System.
Sec. 216. West Virginia hydropower.
Sec. 217. Recreation and economic development at Corps facilities in 
              Appalachia.
Sec. 218. Automated fee machines.
Sec. 219. Lake Champlain Canal, Vermont and New York.
Sec. 220. Report on concessionaire practices.

   TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

Sec. 301. Additional assistance for critical projects.
Sec. 302. Southern West Virginia.
Sec. 303. Northern West Virginia.
Sec. 304. Local cooperation agreements, northern West Virginia.
Sec. 305. Special rule for certain beach nourishment projects.
Sec. 306. Coastal community flood control and other purposes.
Sec. 307. Modifications.
Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 309. Delaware shore protection and restoration.
Sec. 310. Great Lakes advance measures assistance.
Sec. 311. Rehabilitation of existing levees.
Sec. 312. Pilot program for certain communities.
Sec. 313. Rehabilitation of Corps of Engineers constructed pump 
              stations.
Sec. 314. Chesapeake Bay environmental restoration and protection 
              program.
Sec. 315. Evaluation of hydrologic changes in Souris River Basin.
Sec. 316. Memorandum of understanding relating to Baldhill Dam, North 
              Dakota.
Sec. 317. Upper Mississippi River restoration program.
Sec. 318. Harmful algal bloom demonstration program.
Sec. 319. Colleton County, South Carolina.
Sec. 320. Arkansas River corridor, Oklahoma.
Sec. 321. Abandoned and inactive noncoal mine restoration.
Sec. 322. Asian carp prevention and control pilot program.
Sec. 323. Forms of assistance.
Sec. 324. Debris removal, New York Harbor, New York.
Sec. 325. Invasive species management.
Sec. 326. Wolf River Harbor, Tennessee.
Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and 
              Nebraska.
Sec. 328. Invasive species management pilot program.

[[Page S3553]]

Sec. 329. Nueces County, Texas, conveyances.
Sec. 330. Mississippi Delta Headwaters, Mississippi.
Sec. 331. Ecosystem restoration, Hudson-Raritan Estuary, New York and 
              New Jersey.
Sec. 332. Timely reimbursement.
Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 334. Lake Tahoe Basin restoration, Nevada and California.
Sec. 335. Additional assistance for Eastern Santa Clara Basin, 
              California.
Sec. 336. Tribal partnership program.
Sec. 337. Surplus water contracts and water storage agreements.
Sec. 338. Copan Lake, Oklahoma.
Sec. 339. Enhanced development program.
Sec. 340. Ecosystem restoration coordination.
Sec. 341. Acequias irrigation systems.
Sec. 342. Rogers County, Oklahoma.
Sec. 343. Water supply storage repair, rehabilitation, and replacement 
              costs.
Sec. 344. Non-Federal payment flexibility.
Sec. 345. North Padre Island, Corpus Christi Bay, Texas.
Sec. 346. Waiver of non-Federal share of damages related to certain 
              contract claims.
Sec. 347. Algiers Canal Levees, Louisiana.
Sec. 348. Israel River ice control project, Lancaster, New Hampshire.
Sec. 349. City of El Dorado, Kansas.
Sec. 350. Upper Mississippi River protection.
Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas.
Sec. 352. Pilot program for good neighbor authority on Corps of 
              Engineers land.
Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New 
              Mexico.
Sec. 355. Comprehensive Everglades Restoration Plan, Florida.
Sec. 356. Maintenance dredging permits.
Sec. 357. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 358. Tribal assistance.
Sec. 359. Recreational opportunities at certain projects.
Sec. 360. Rehabilitation of Corps of Engineers constructed dams.
Sec. 361. South Florida Ecosystem Restoration Task Force.
Sec. 362. New Madrid County Harbor, Missouri.
Sec. 363. Trinity River and tributaries, Texas.
Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 365. Federal assistance.
Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 367. Lake Barkley, Kentucky, land conveyance.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

Sec. 401. Project authorizations.
Sec. 402. Storm damage prevention and reduction, coastal erosion, and 
              ice and glacial damage, Alaska.
Sec. 403. Expedited completion of projects.
Sec. 404. Special rules.
Sec. 405. Chattahoochee River program.
Sec. 406. Lower Mississippi River Basin demonstration program.
Sec. 407. Forecast-informed reservoir operations.
Sec. 408. Mississippi River mat sinking unit.
Sec. 409. Sense of Congress relating to Okatibbee Lake.

     SEC. 2. DEFINITION OF SECRETARY.

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

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. SCOPE OF FEASIBILITY STUDIES.

       (a) Flood and Coastal Storm Risk Management.--In carrying 
     out a feasibility study for a project for flood or coastal 
     storm risk management, the Secretary, at the request of the 
     non-Federal interest for the study, shall formulate 
     alternatives to maximize net benefits from the reduction of 
     the comprehensive flood risk that is identified through a 
     holistic evaluation of the isolated and compound effects of--
       (1) a riverine discharge of any magnitude or frequency;
       (2) inundation, wave attack, and erosion coinciding with a 
     hurricane or coastal storm;
       (3) a tide of any magnitude or frequency;
       (4) a rainfall event of any magnitude or frequency;
       (5) seasonal variation in water levels;
       (6) groundwater emergence;
       (7) sea level rise;
       (8) subsidence; or
       (9) any other driver of flood risk affecting the study 
     area.
       (b) Water Supply, Water Supply Conservation, and Drought 
     Risk Reduction.--In carrying out a feasibility study for any 
     purpose, the Secretary, at the request of the non-Federal 
     interest for the study, shall formulate alternatives--
       (1) to maximize combined net benefits for the primary 
     purpose of the study and for water supply, water supply 
     conservation, and drought risk reduction; or
       (2) to include 1 or more measures for the purpose of water 
     supply, water supply conservation, or drought risk reduction.
       (c) Cost Sharing.--All costs to carry out a feasibility 
     study in accordance with this section shall be shared in 
     accordance with the cost share requirements otherwise 
     applicable to the study.

     SEC. 102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION 
                   MISSION.

       (a) Declaration of Policy.--Congress declares that--
       (1) consistent with the civil works mission of the Corps of 
     Engineers, it is the policy of the United States to protect 
     and restore the shorelines, riverbanks, and streambanks of 
     the United States from the damaging impacts of extreme 
     weather events and other factors contributing to the 
     vulnerability of coastal and riverine communities and 
     ecosystems;
       (2) the Chief of Engineers shall give priority 
     consideration to the protection and restoration of 
     shorelines, riverbanks, and streambanks from erosion and 
     other damaging impacts of extreme weather events in carrying 
     out the civil works mission of the Corps of Engineers;
       (3) to the maximum extent practicable, projects and 
     measures for the protection and restoration of shorelines, 
     riverbanks, and streambanks shall be formulated to increase 
     the resilience of such shores and banks from the damaging 
     impacts of extreme weather events and other factors 
     contributing to the vulnerability of coastal and riverine 
     communities and ecosystems using measures described in 
     section 1184(a) of the Water Resources Development Act of 
     2016 (33 U.S.C. 2289a(a)); and
       (4) to the maximum extent practicable, periodic nourishment 
     shall be provided, in accordance with subsection (c) of the 
     first section of the Act of August 13, 1946 (60 Stat. 1056, 
     chapter 960; 33 U.S.C. 426e(c)), and subject to section 156 
     of the Water Resources Development Act of 1976 (42 U.S.C. 
     1962d-5f), for projects and measures carried out for the 
     purpose of restoring and increasing the resilience of 
     ecosystems to the same extent as periodic nourishment is 
     provided for projects and measures carried out for the 
     purpose of coastal storm risk management.
       (b) Shoreline and Riverine Protection and Restoration.--
       (1) In general.--Section 212 of the Water Resources 
     Development Act of 1999 (33 U.S.C. 2332) is amended--
       (A) in the section heading, by striking ``flood mitigation 
     and riverine restoration program'' and inserting ``shoreline 
     and riverine protection and restoration'';
       (B) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may carry out projects--
       ``(1) to reduce flood and coastal storm hazards, including 
     shoreline erosion and riverbank and streambank failures; or
       ``(2) to restore the natural functions and values of rivers 
     and shorelines throughout the United States.'';
       (C) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Authority.--
       ``(A) Studies.--The Secretary may carry out studies to 
     identify appropriate measures for--
       ``(i) the reduction of flood and coastal storm hazards, 
     including shoreline erosion and riverbank and streambank 
     failures; or
       ``(ii) the restoration of the natural functions and values 
     of rivers and shorelines.
       ``(B) Projects.--Subject to subsection (f)(2), the 
     Secretary may design and implement projects described in 
     subsection (a).'';
       (ii) in paragraph (3), by striking ``flood damages'' and 
     inserting ``flood and coastal storm damages, including the 
     use of measures described in section 1184(a) of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a(a))''; and
       (iii) in paragraph (4)--

       (I) by inserting ``and coastal storm'' after ``flood'';
       (II) by inserting ``, shoreline,'' after ``riverine''; and
       (III) by inserting ``and coastal barriers'' after 
     ``floodplains'';

       (D) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Studies.--
       ``(A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of a study under this section shall 
     be--
       ``(i) 50 percent; and
       ``(ii) 10 percent, in the case of a study benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)).
       ``(B) Federal interest determination.--The first $100,000 
     of the costs of a study under this section shall be at full 
     Federal expense.'';
       (ii) in paragraph (2)--

       (I) in the paragraph heading, by striking ``flood 
     control''; and
       (II) by striking subparagraph (A) and inserting the 
     following:

       ``(A) In general.--Design and construction of a 
     nonstructural measure or project, a measure or project 
     described in section 1184(a) of the Water Resources 
     Development Act of 2016 (33 U.S.C. 2289a(a)), or for a 
     measure or project for environmental restoration, shall be 
     subject to cost sharing in accordance with section 103 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2213), 
     except that the non-Federal share of the cost to design and 
     construct a project benefitting an economically disadvantaged 
     community (as defined pursuant to section 160 of the Water 
     Resources Development Act of 2020 (33

[[Page S3554]]

     U.S.C. 2201 note; Public Law 116-260)) shall be 10 
     percent.''; and
       (iii) in paragraph (3)--

       (I) in the paragraph heading, by striking ``control'' and 
     inserting ``and coastal storm risk management'';
       (II) by striking ``control'' and inserting ``and coastal 
     storm risk management''; and
       (III) by striking ``section 103(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(a))'' and inserting 
     ``section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), except that the non-Federal share of the 
     cost to design and construct a project benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 
     percent'';

       (E) in subsection (d)--
       (i) by striking paragraph (2);
       (ii) by striking the subsection designation and heading and 
     all that follows through ``Notwithstanding'' in paragraph (1) 
     in the matter preceding subparagraph (A) and inserting the 
     following:
       ``(d) Project Justification.--Notwithstanding'';
       (iii) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively, and indenting 
     appropriately; and
       (iv) in paragraph (1) (as so redesignated)--

       (I) by inserting ``or coastal storm'' after ``flood''; and
       (II) by inserting ``, including erosion or riverbank or 
     streambank failures'' after ``damages'';

       (F) in subsection (e)--
       (i) by redesignating paragraphs (1) through (33) as 
     subparagraphs (A) through (GG), respectively, and indenting 
     appropriately;
       (ii) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``In carrying out'' and inserting 
     the following:
       ``(1) In general.--In carrying out''; and
       (iii) by adding at the end the following:
       ``(2) Priority projects.--In carrying out this section 
     after the date of enactment of the Water Resources 
     Development Act of 2022, the Secretary shall prioritize 
     projects for the following locations:
       ``(A) Delaware beaches and watersheds, Delaware.
       ``(B) Louisiana Coastal Area, Louisiana.
       ``(C) Great Lakes Shores and Watersheds.
       ``(D) Oregon Coastal Area, Oregon.
       ``(E) Upper Missouri River Basin.
       ``(F) Ohio River Tributaries and their watersheds, West 
     Virginia.
       ``(G) Chesapeake Bay watershed and Maryland beaches, 
     Maryland.'';
       (G) by striking subsections (f), (g), and (i);
       (H) by redesignating subsection (h) as subsection (f); and
       (I) in subsection (f) (as so redesignated), by striking 
     paragraph (2) and inserting the following:
       ``(2) Projects requiring specific authorization.--The 
     Secretary shall not carry out a project until Congress enacts 
     a law authorizing the Secretary to carry out the project, if 
     the Federal share of the cost to design and construct the 
     project exceeds--
       ``(A) $26,000,000, in the case of a project benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260));
       ``(B) $23,000,000, in the case of a project other than a 
     project benefitting an economically disadvantaged community 
     (as so defined) that--
       ``(i) is for purposes of environmental restoration; or
       ``(ii) derives not less than 50 percent of the erosion, 
     flood, or coastal storm risk reduction benefits from 
     nonstructural measures or measures described in section 
     1184(a) of the Water Resources Development Act of 2016 (33 
     U.S.C. 2289a(a)); or
       ``(C) $18,500,000, for a project other than a project 
     described in subparagraph (A) or (B).''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Water Resources Development Act of 1999 (113 
     Stat. 269) is amended by striking the item relating to 
     section 212 and inserting the following:

``Sec. 212. Shoreline and riverine protection and restoration.''.
       (c) Emergency Streambank and Shoreline Protection.--Section 
     14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
     amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.

     SEC. 103. INLAND WATERWAY PROJECTS.

       (a) In General.--Section 102(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``One-half of the costs'' and inserting ``75 percent of the 
     costs''; and
       (2) in the undesignated matter following paragraph (3), in 
     the second sentence, by striking ``One-half of such costs'' 
     and inserting ``25 percent of such costs''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply to new and ongoing projects beginning on October 
     1, 2022.
       (c) Conforming Amendment.--Section 109 of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2212 note; 
     Public Law 116-260) is amended by striking ``fiscal years 
     2021 through 2031'' and inserting ``fiscal years 2021 through 
     2022''.

     SEC. 104. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND 
                   ALONG RIVERS AND COASTS.

       (a) In General.--The Secretary is authorized to use funds 
     made available to the Secretary for water resources 
     development purposes to construct, at full Federal expense, a 
     measure benefitting Federal land under the administrative 
     jurisdiction of another Federal agency, if the measure--
       (1) is included in a report of the Chief of Engineers or 
     other decision document for a water resources development 
     project that is specifically authorized by Congress;
       (2) is included in a detailed project report (as defined in 
     section 105(d) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2215(d)); or
       (3) utilizes dredged material from a water resources 
     development project beneficially.
       (b) Applicability.--This section shall apply to a measure 
     for which construction is initiated after the date of 
     enactment of this Act.
       (c) Exclusion.--In this section, the term ``Federal land'' 
     does not include a military installation.
       (d) Savings Provisions.--Nothing in this section 
     precludes--
       (1) a Federal agency with administrative jurisdiction over 
     Federal land from contributing funds for any portion of the 
     cost of a measure described in subsection (a) that benefits 
     that land; or
       (2) the Secretary, at the request of the non-Federal 
     interest for a study for a project for flood or coastal storm 
     risk management, from using funds made available to the 
     Secretary for water resources development investigations to 
     formulate measures to reduce risk to a military installation, 
     if the non-Federal interest shares in the cost to formulate 
     those measures to the same extent that the non-Federal 
     interest is required to share in the cost of the study.
       (e) Repeal.--
       (1) In general.--Section 1025 of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2226) is repealed.
       (2) Conforming amendment.--The table of contents in section 
     1(b) of the Water Resources Reform and Development Act of 
     2014 (128 Stat. 1193) is amended by striking the item 
     relating to section 1025.

     SEC. 105. POLICY AND TECHNICAL STANDARDS.

       Consistent with the 5-year administrative publication life 
     cycle of the Department of the Army, the Secretary shall 
     revise, rescind, or certify as current, as applicable, each 
     publication for the civil works programs of the Corps of 
     Engineers.

     SEC. 106. PLANNING ASSISTANCE TO STATES.

       (a) In General.--Section 22 of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``section 236 of title 
     10'' and inserting ``section 4141 of title 10''; and
       (B) by adding at the end the following:
       ``(4) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this subsection to address both inland and coastal life 
     safety risks.'';
       (2) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Outreach.--
       ``(1) In general.--The Secretary is authorized to carry out 
     activities, at full Federal expense--
       ``(A) to inform and educate States and other non-Federal 
     interests about the missions, programs, policies, and 
     procedures of the Corps of Engineers; and
       ``(B) to engage with States and other non-Federal interests 
     to identify specific opportunities to partner with the Corps 
     of Engineers to address water resources development needs.
       ``(2) Staff.--The Secretary shall designate staff in each 
     district office of the Corps of Engineers to provide 
     assistance under this subsection.''; and
       (4) in subsection (d) (as so redesignated), by adding at 
     the end the following:
       ``(3) Outreach.--There is authorized to be appropriated 
     $30,000,000 for each fiscal year to carry out subsection (b).
       ``(4) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this section to economically disadvantaged communities 
     (as defined pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260)).''.
       (b) Conforming Amendment.--Section 3014(b)(3)(B) of the 
     Water Resources Reform and Development Act of 2014 (42 U.S.C. 
     4131(b)(3)(B)) is amended by striking section ``22(b) of the 
     Water Resources Development Act of 1974 (42 U.S.C. 1962d-
     16(b))'' and inserting ``section 22(c) of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16(c))''.

     SEC. 107. FLOODPLAIN MANAGEMENT SERVICES.

       Section 206 of the Flood Control Act of 1960 (33 U.S.C. 
     709a) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``Surveys and 
     guides'' and inserting the following:
       ``(2) Surveys and guides.--Surveys and guides'';
       (B) in the first sentence--
       (i) by inserting ``identification of areas subject to 
     floods due to accumulated snags and other debris,'' after 
     ``inundation by floods of various magnitudes and 
     frequencies,''; and
       (ii) by striking ``In recognition'' and inserting the 
     following:
       ``(1) In general.--In recognition''; and

[[Page S3555]]

       (C) by adding at the end the following:
       ``(3) Identification of assistance.--
       ``(A) In general.--To the maximum extent practicable, in 
     providing assistance under this subsection, the Secretary 
     shall identify and communicate to States and non-Federal 
     interests specific opportunities to partner with the Corps of 
     Engineers to address flood hazards.
       ``(B) Coordination.--The Secretary shall coordinate 
     activities under this paragraph with activities described in 
     subsection (b) of section 22 of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16).'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Institutions of Higher Education.--Notwithstanding 
     section 4141 of title 10, United States Code, in carrying out 
     this section, the Secretary may work with an institution of 
     higher education, as determined appropriate by the 
     Secretary.''.

     SEC. 108. WORKFORCE PLANNING.

       (a) Definition of Historically Black College or 
     University.--In this section, the term ``historically Black 
     college or university'' has the meaning given the term ``part 
     B institution'' in section 322 of the Higher Education Act of 
     1965 (20 U.S.C. 1061).
       (b) Authorization.--The Secretary is authorized to carry 
     out activities, at full Federal expense--
       (1) to foster, enhance, and support science, technology, 
     engineering, and math education and awareness; and
       (2) to recruit individuals for careers at the Corps of 
     Engineers.
       (c) Partnering Entities.--In carrying out activities under 
     this section, the Secretary may enter into partnerships 
     with--
       (1) public and nonprofit elementary and secondary schools;
       (2) community colleges;
       (3) technical schools;
       (4) colleges and universities, including historically Black 
     colleges and universities; and
       (5) other institutions of learning.
       (d) Prioritization.--The Secretary shall, to the maximum 
     extent practicable, prioritize the recruitment of individuals 
     under this section that are located in economically 
     disadvantaged communities (as defined pursuant to section 160 
     of the Water Resources Development Act of 2020 (33 U.S.C. 
     2201 note; Public Law 116-260)).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2023 through 2027.

     SEC. 109. CREDIT IN LIEU OF REIMBURSEMENT.

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

     SEC. 110. COASTAL COST CALCULATIONS.

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

     SEC. 111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR 
                   CERTAIN FEDERAL COSTS.

       The Secretary is authorized to provide in advance to the 
     non-Federal interest the Federal share of funds required for 
     the acquisition of land, easements, and rights-of-way and the 
     performance of relocations for a project or separable 
     element--
       (1) authorized to be constructed at full Federal expense;
       (2) described in section 103(b)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
       (3) described in, or modified by an amendment made by, 
     section 307(a) or 309(a), if at any time the cost to acquire 
     the land, easements, and rights-of-way required for the 
     project is projected to exceed the non-Federal share of the 
     cost of the project.

     SEC. 112. USE OF EMERGENCY FUNDS.

       Section 5(a) of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)), is amended--
       (1) in paragraph (1), in the first sentence, by inserting 
     ``, increase resilience, increase effectiveness in preventing 
     damages from inundation, wave attack, or erosion,'' after 
     ``address major deficiencies''; and
       (2) by adding at the end the following:
       ``(6) Work carried out by a non-federal sponsor.--
       ``(A) General rule.--The Secretary may authorize a non-
     Federal sponsor to plan, design, or construct repair or 
     restoration work described in paragraph (1).
       ``(B) Requirements.--
       ``(i) In general.--To be eligible for a payment under 
     subparagraph (C) for the Federal share of a planning, design, 
     or construction activity for repair or restoration work 
     described in paragraph (1), the non-Federal sponsor shall 
     enter into a written agreement with the Secretary before 
     carrying out the activity.
       ``(ii) Compliance with other laws.--The non-Federal sponsor 
     shall carry out all activities under this paragraph in 
     compliance with all laws and regulations that would apply if 
     the activities were carried out by the Secretary.
       ``(C) Payment.--
       ``(i) In general.--The Secretary is authorized to provide 
     payment, in the form of an advance or a reimbursement, to the 
     non-Federal sponsor for the Federal share of the cost of a 
     planning design, or construction activity for the repair or 
     restoration work described in paragraph (1).
       ``(ii) Additional amounts.--If the Federal share of the 
     cost of the activity under this paragraph exceeds the amount 
     obligated by the Secretary under an agreement under 
     subparagraph (B), the advance or reimbursement of such 
     additional amounts shall be at the discretion of the 
     Secretary.
       ``(D) Annual limit on reimbursements not applicable.--
     Section 102 of the Energy and Water Development 
     Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to 
     an agreement under subparagraph (B).''.

     SEC. 113. RESEARCH AND DEVELOPMENT.

       (a) In General.--Section 7 of the Water Resources 
     Development Act of 1988 (33 U.S.C. 2313) is amended--
       (1) in the section heading, by striking ``collaborative'';
       (2) in subsection (b), by redesignating paragraphs (1) and 
     (2) as subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) by striking subsection (e);
       (4) by redesignating subsections (b), (c), (d), and (f) as 
     paragraphs (2), (3), (4), and (5), respectively, and 
     indenting appropriately;
       (5) in subsection (a), by striking ``of the Army Corps of 
     Engineers, the Secretary is authorized to utilize Army'' and 
     inserting the following: ``of the Corps of Engineers, the 
     Secretary is authorized to engage in basic research, applied 
     research, advanced research, and development projects, 
     including such projects that are--
       ``(1) authorized by Congress; or
       ``(2) included in an Act making appropriations for the 
     Corps of Engineers.
       ``(b) Collaborative Research and Development.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary is authorized to utilize'';
       (6) in subsection (b) (as so redesignated)--
       (A) in paragraph (2)(B) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection'';
       (B) in paragraph (3) (as so redesignated), in the first 
     sentence, by striking ``this section'' each place it appears 
     and inserting ``this subsection'';
       (C) in paragraph (4) (as so redesignated), by striking 
     ``subsection (c)'' and inserting ``paragraph (3)''; and
       (D) in paragraph (5) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection;''; and
       (7) by adding at the end the following:
       ``(c) Other Transactions.--
       ``(1) Authority.--The Secretary may enter into transactions 
     (other than contracts, cooperative agreements, and grants) in 
     order to carry out this section.
       ``(2) Education and training.--The Secretary shall--
       ``(A) ensure that management, technical, and contracting 
     personnel of the Corps of Engineers involved in the award or 
     administration of transactions under this section or other 
     innovative forms of contracting are afforded opportunities 
     for adequate education and training; and
       ``(B) establish minimum levels and requirements for 
     continuous and experiential learning for such personnel, 
     including levels and requirements for acquisition 
     certification programs.
       ``(3) Notification.--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 notice of a transaction under this 
     subsection not less than 30 days before entering into the 
     transaction.
       ``(4) Report.--Not later than 3 years and not later than 7 
     years after the date of enactment of the Water Resources 
     Development Act of 2022, 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 of the authority 
     under paragraph (1).
       ``(d) Report.--

[[Page S3556]]

       ``(1) In general.--For fiscal year 2025, and annually 
     thereafter, in conjunction with the annual budget submission 
     of the President to Congress under section 1105(a) of title 
     31, United States Code, 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 projects carried out 
     under subsection (a).
       ``(2) Contents.--A report under paragraph (1) shall 
     include--
       ``(A) a description of each ongoing and new project, 
     including--
       ``(i) the estimated total cost;
       ``(ii) the amount of Federal expenditures;
       ``(iii) the amount of expenditures by a non-Federal entity 
     as described in subsection (b)(1), if applicable;
       ``(iv) the estimated timeline for completion;
       ``(v) the requesting district of the Corps of Engineers, if 
     applicable; and
       ``(vi) how the project is consistent with subsection (a); 
     and
       ``(B) any additional information that the Secretary 
     determines to be appropriate.
       ``(e) Cost Sharing.--
       ``(1) In general.--Except as provided in subsection (b)(3) 
     and paragraph (2), a project carried out under this section 
     shall be at full Federal expense.
       ``(2) Treatment.--Nothing in this subsection waives 
     applicable cost-share requirements for a water resources 
     development project or feasibility study (as defined in 
     section 105(d) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2215(d))).
       ``(f) Savings Clause.--Nothing in this section limits the 
     ability of the Secretary to carry out a project requested by 
     a district of the Corps of Engineers in support of a water 
     resources development project or feasibility study (as 
     defined in section 105(d) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2215(d))).
       ``(g) Research and Development Account.--
       ``(1) In general.--There is established a Research and 
     Development account of the Corps of Engineers for the 
     purposes of carrying out this section.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Research and Development account 
     established by paragraph (1) $85,000,000 for each of fiscal 
     years 2023 through 2027.''.
       (b) Forecasting Models for the Great Lakes.--
       (1) Authorization.--There is authorized to be appropriated 
     to the Secretary $10,000,000 to complete and maintain a model 
     suite to forecast water levels, account for water level 
     variability, and account for the impacts of extreme weather 
     events and other natural disasters in the Great Lakes.
       (2) Savings provision.--Nothing in this subsection 
     precludes the Secretary from using funds made available under 
     the Great Lakes Restoration Initiative established by section 
     118(c)(7) of the Federal Water Pollution Control Act (33 
     U.S.C. 1268(c)(7)) for activities described in paragraph (1) 
     for the Great Lakes, if funds are not appropriated for such 
     activities.
       (c) Monitoring and Assessment Program for Saline Lakes in 
     the Great Basin.--
       (1) In general.--The Secretary is authorized to carry out a 
     program (referred to in this subsection as the ``program'') 
     to monitor and assess the hydrology of saline lake ecosystems 
     in the Great Basin, including the Great Salt Lake, to inform 
     and support Federal and non-Federal management and 
     conservation activities to benefit those ecosystems.
       (2) Coordination.--The Secretary shall coordinate 
     implementation of the program with relevant--
       (A) Federal and State agencies;
       (B) Indian Tribes;
       (C) local governments; and
       (D) nonprofit organizations.
       (3) Contracts, grants, and cooperative agreements.--The 
     Secretary is authorized to enter into contracts, grant 
     agreements, and cooperative agreements with institutions of 
     higher education and with entities described in paragraph (2) 
     to implement the program.
       (4) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     an update on the progress of the Secretary in carrying out 
     the program.
       (5) Additional information.--In carrying out the program, 
     the Secretary may use available studies, information, 
     literature, or data on the Great Basin region published by 
     relevant Federal, State, or local entities.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000.
       (d) Clerical Amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 1988 
     (102 Stat. 4012) is amended by striking the item relating to 
     section 7 and inserting the following:

``Sec. 7. Research and development.''.

     SEC. 114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES 
                   ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) Committee.--The term ``Committee'' means the Tribal and 
     Economically Disadvantaged Communities Advisory Committee 
     established under subsection (b).
       (2) Economically disadvantaged community.--The term 
     ``economically disadvantaged community'' has the meaning 
     given the term pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260).
       (3) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     committee, to be known as the ``Tribal and Economically 
     Disadvantaged Communities Advisory Committee'', to develop 
     and make recommendations to the Secretary and the Chief of 
     Engineers on activities and actions that should be undertaken 
     by the Corps of Engineers to ensure more effective delivery 
     of water resources development projects, programs, and other 
     assistance to economically disadvantaged communities and 
     Indian Tribes.
       (c) Membership.--The Committee shall be composed of 
     members, appointed by the Secretary, who have the requisite 
     experiential or technical knowledge needed to address issues 
     related to the water resources needs and challenges of 
     economically disadvantaged communities and Indian Tribes, 
     including--
       (1) 5 individuals representing organizations with expertise 
     in environmental policy, rural water resources, economically 
     disadvantaged communities, Tribal rights, or civil rights; 
     and
       (2) 5 individuals, each representing a non-Federal interest 
     for a Corps of Engineers project.
       (d) Duties.--
       (1) Recommendations.--The Committee shall provide advice 
     and make recommendations to the Secretary and the Chief of 
     Engineers to assist the Corps of Engineers in--
       (A) efficiently and effectively delivering solutions to 
     water resources development projects needs and challenges for 
     economically disadvantaged communities and Indian Tribes;
       (B) integrating consideration of economically disadvantaged 
     communities and Indian Tribes, where applicable, in the 
     development of water resources development projects and 
     programs of the Corps of Engineers; and
       (C) improving the capability and capacity of the workforce 
     of the Corps of Engineers to assist economically 
     disadvantaged communities and Indian Tribes.
       (2) Meetings.--The Committee shall meet as appropriate to 
     develop and make recommendations under paragraph (1).
       (3) Report.--Recommendations provided under paragraph (1) 
     shall be--
       (A) included in a report submitted to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and
       (B) be made publicly available, including on a publicly 
     available website.
       (e) Independent Judgment.--Any recommendation made by the 
     Committee to the Secretary and the Chief of Engineers under 
     subsection (d)(1) shall reflect the independent judgment of 
     the Committee.
       (f) Administration.--
       (1) Compensation.--Except as provided in paragraph (2), the 
     members of the Committee shall serve without compensation.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (3) Treatment.--The members of the Committee shall not be 
     considered to be Federal employees, and the meetings and 
     reports of the Committee shall not be considered a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (4) Applicability of faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall apply to the Committee.

     SEC. 115. NON-FEDERAL INTEREST ADVISORY COMMITTEE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     committee, to be known as the ``Non-Federal Interest Advisory 
     Committee'' (referred to in this section as the 
     ``Committee''), to develop and make recommendations to the 
     Secretary and the Chief of Engineers on activities and 
     actions that should be undertaken by the Corps of Engineers 
     to ensure more effective and efficient delivery of water 
     resources development projects, programs, and other 
     assistance.
       (b) Membership.--
       (1) In general.--The Committee shall be composed of the 
     members described in paragraph (2), who shall--
       (A) be appointed by the Secretary; and
       (B) have the requisite experiential or technical knowledge 
     needed to address issues related to water resources needs and 
     challenges.
       (2) Representatives.--The members of the Committee shall 
     include the following:
       (A) A representative of each of the following:
       (i) A non-Federal interest for a project for navigation for 
     an inland harbor.
       (ii) A non-Federal interest for a project for navigation 
     for a harbor.
       (iii) A non-Federal interest for a project for flood risk 
     management.
       (iv) A non-Federal interest for a project for coastal storm 
     risk management.

[[Page S3557]]

       (v) A non-Federal interest for a project for aquatic 
     ecosystem restoration.
       (B) A representative of each of the following:
       (i) A non-Federal stakeholder with respect to inland 
     waterborne transportation.
       (ii) A non-Federal stakeholder with respect to water 
     supply.
       (iii) A non-Federal stakeholder with respect to recreation.
       (iv) A non-Federal stakeholder with respect to hydropower.
       (v) A non-Federal stakeholder with respect to emergency 
     preparedness, including coastal protection.
       (C) A representative of each of the following:
       (i) An organization with expertise in conservation.
       (ii) An organization with expertise in environmental 
     policy.
       (iii) An organization with expertise in rural water 
     resources.
       (c) Duties.--
       (1) Recommendations.--The Committee shall provide advice 
     and make recommendations to the Secretary and the Chief of 
     Engineers to assist the Corps of Engineers in--
       (A) efficiently and effectively delivering water resources 
     development projects;
       (B) improving the capability and capacity of the workforce 
     of the Corps of Engineers to deliver projects and other 
     assistance;
       (C) improving the capacity and effectiveness of Corps of 
     Engineers consultation and liaison roles in communicating 
     water resources needs and solutions, including regionally-
     specific recommendations; and
       (D) strengthening partnerships with non-Federal interests 
     to advance water resources solutions.
       (2) Meetings.--The Committee shall meet as appropriate to 
     develop and make recommendations under paragraph (1).
       (3) Report.--Recommendations provided under paragraph (1) 
     shall be--
       (A) included in a report submitted to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and
       (B) made publicly available, including on a publicly 
     available website.
       (d) Independent Judgment.--Any recommendation made by the 
     Committee to the Secretary and the Chief of Engineers under 
     subsection (c)(1) shall reflect the independent judgment of 
     the Committee.
       (e) Administration.--
       (1) In general.--The Committee shall be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       (2) Compensation.--Except as provided in paragraph (3), the 
     members of the Committee shall serve without compensation.
       (3) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (4) Treatment.--The members of the Committee shall not be 
     considered to be Federal employees and the meetings and 
     reports of the Committee shall not be considered a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 116. UNDERSERVED COMMUNITY HARBOR PROJECTS.

       (a) Definitions.--In this section:
       (1) Project.--The term ``project'' means a single cycle of 
     dredging of an underserved community harbor and the 
     associated placement of dredged material at a beneficial use 
     placement site or disposal site.
       (2) Underserved community harbor.--The term ``underserved 
     community harbor'' means an emerging harbor (as defined in 
     section 210(f) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2238(f))) for which--
       (A) no Federal funds have been obligated for maintenance 
     dredging in the current fiscal year or in any of the 4 
     preceding fiscal years; and
       (B) State and local investments in infrastructure have been 
     made during the preceding 4 fiscal years.
       (b) In General.--The Secretary may carry out projects to 
     dredge underserved community harbors for purposes of 
     sustaining water-dependent commercial and recreational 
     activities at such harbors.
       (c) Justification.--The Secretary may carry out a project 
     under this section if the Secretary determines that the cost 
     of the project is reasonable in relation to the sum of--
       (1) the local or regional economic benefits; and
       (2)(A) the environmental benefits, including the benefits 
     to the aquatic environment to be derived from the creation of 
     wetland and control of shoreline erosion; or
       (B) other social effects, including protection against loss 
     of life and contributions to local or regional cultural 
     heritage.
       (d) Cost Share.--The non-Federal share of the cost of a 
     project carried out under this section shall be determined in 
     accordance with--
       (1) subsection (a), (b), (c), or (d), as applicable, of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), for any portion of the cost of the project 
     allocated to flood or coastal storm risk management, 
     ecosystem restoration, or recreation; and
       (2) section 101(b)(1) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the 
     cost of the project other than a portion described in 
     paragraph (1).
       (e) Clarification.--The Secretary shall not require the 
     non-Federal interest for a project carried out under this 
     section to perform additional operation and maintenance 
     activities at the beneficial use placement site or the 
     disposal site for such project.
       (f) Federal Participation Limit.--The Federal share of the 
     cost of a project under this section shall not exceed 
     $10,000,000.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $50,000,000 for each of fiscal years 
     2023 through 2026.
       (2) Special rule.--Not less than 35 percent of the amounts 
     made available to carry out this section for each fiscal year 
     shall be used for projects that include the beneficial use of 
     dredged material.
       (h) Savings Provision.--Carrying out a project under this 
     section shall not affect the eligibility of an underserved 
     community harbor for Federal operation and maintenance 
     funding otherwise authorized for the underserved community 
     harbor.

     SEC. 117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE 
                   COMMITTEE.

       (a) Findings.--Congress finds that--
       (1) a bipartisan coalition of 19 Western Senators wrote to 
     the Office of Management and Budget on September 17, 2019, in 
     opposition to the proposed rulemaking entitled ``Use of U.S. 
     Army Corps of Engineers Reservoir Projects for Domestic, 
     Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 
     (December 16, 2016)), describing the rule as counter to 
     existing law and court precedent;
       (2) on January 21, 2020, the proposed rulemaking described 
     in paragraph (1) was withdrawn; and
       (3) the Corps of Engineers should consult with Western 
     States to ensure, to the maximum extent practicable, that 
     operation of flood control projects in prior appropriation 
     States is consistent with the principles of the first section 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 
     (43 U.S.C. 390b).
       (b) Establishment.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     Western Water Cooperative Committee (referred to in this 
     section as the ``Cooperative Committee'').
       (2) Purpose.--The purpose of the Cooperative Committee is 
     to ensure that Corps of Engineers flood control projects in 
     Western States are operated consistent with congressional 
     directives by identifying opportunities to avoid or minimize 
     conflicts between operation of Corps of Engineers projects 
     and State water rights and water laws.
       (3) Membership.--
       (A) In general.--The Cooperative Committee shall be 
     composed of--
       (i) the Assistant Secretary of the Army for Civil Works (or 
     a designee);
       (ii) the Chief of Engineers (or a designee);
       (iii) 1 representative from each of the States of Alaska, 
     Arizona, California, Colorado, Idaho, Kansas, Montana, 
     Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, 
     South Dakota, Texas, Utah, Washington, and Wyoming, who may 
     serve on the Western States Water Council, to be appointed by 
     the Governor of each State;
       (iv) 1 representative with legal experience from each of 
     the States of Alaska, Arizona, California, Colorado, Idaho, 
     Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, 
     Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and 
     Wyoming, to be appointed by the Attorney General of each 
     State; and
       (v) 1 employee from each of the impacted regional offices 
     of the Bureau of Indian Affairs.
       (4) Meetings.--
       (A) In general.--The Cooperative Committee shall meet not 
     less than once each year in a State represented on the 
     Cooperative Committee.
       (B) Available to public.--Each meeting of the Cooperative 
     Committee shall be open and accessible to the public.
       (C) Notification.--The Cooperative Committee shall publish 
     in the Federal Register adequate advance notice of a meeting 
     of the Cooperative Committee.
       (5) Duties.--The Cooperative Committee shall develop and 
     make recommendations to avoid or minimize conflicts between 
     the operation of Corps of Engineers projects and State water 
     rights and water laws, which may include recommendations for 
     legislation or the promulgation of policy or regulations.
       (6) Status updates.--
       (A) In general.--On an annual basis, 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 
     report that includes--
       (i) a summary of the contents of meetings of the 
     Cooperative Committee; and
       (ii) a description of any recommendations made by the 
     Cooperative Committee under paragraph (5), including actions 
     taken by the Secretary in response to such recommendations.
       (B) Comment.--
       (i) In general.--Not later than 45 days following the 
     conclusion of a meeting of the Cooperative Committee, the 
     Secretary shall provide to members of the Cooperative 
     Committee an opportunity to comment on the

[[Page S3558]]

     contents of the meeting and any recommendations.
       (ii) Inclusion.--Comments provided under clause (i) shall 
     be included in the report provided under subparagraph (A).
       (7) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the members of the Cooperative Committee shall serve without 
     compensation.
       (B) Travel expenses.--The members of the Cooperative 
     Committee shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Cooperative Committee.
       (8) Maintenance of records.--The Cooperative Committee 
     shall maintain records pertaining to operating costs and 
     records of the Cooperative Committee for a period of not less 
     than 3 years.

     SEC. 118. UPDATES TO CERTAIN WATER CONTROL MANUALS.

       On request of the Governor of State in which the Governor 
     declared a statewide drought disaster in 2021, the Secretary 
     is authorized to update water control manuals for waters in 
     the State, with priority given to those waters that 
     accommodate a water supply project.

     SEC. 119. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF 
                   RECREATION SITES.

       It is the sense of Congress that the Secretary, as part of 
     the annual work plan, should distribute amounts provided for 
     the operations and maintenance of recreation sites of the 
     Corps of Engineers so that each site receives an amount that 
     is not less than 80 percent of the recreation fees generated 
     by such site in a given year.

     SEC. 120. RELOCATION ASSISTANCE.

       In the case of a water resources development project using 
     nonstructural measures for the elevation or modification of a 
     dwelling that is the primary residence of an owner-occupant 
     and that requires the owner-occupant to relocate temporarily 
     from the dwelling during the period of construction, the 
     Secretary may include in the value of the land, easements, 
     and rights-of-way required for the project or measure the 
     documented reasonable living expenses, excluding food and 
     personal transportation, incurred by the owner-occupant 
     during the period of relocation.

     SEC. 121. REPROGRAMMING LIMITS.

       (a) Operations and Maintenance.--In reprogramming funds 
     made available to the Secretary for operations and 
     maintenance--
       (1) the Secretary may not reprogram more than 25 percent of 
     the base amount up to a limit of--
       (A) $8,500,000 for a project, study, or activity with a 
     base level over $1,000,000; and
       (B) $250,000 for a project, study, or activity with a base 
     level of $1,000,000 or less; and
       (2) $250,000 may be reprogrammed for any continuing study 
     or activity of the Secretary that did not receive an 
     appropriation.
       (b) Investigations.--In reprogramming funds made available 
     to the Secretary for investigations--
       (1) the Secretary may not reprogram more than $150,000 for 
     a project, study, or activity with a base level over 
     $100,000; and
       (2) $150,000 may be reprogrammed for any continuing study 
     or activity of the Secretary that did not receive an 
     appropriation for existing obligations and concomitant 
     administrative expenses.

     SEC. 122. LEASE DURATIONS.

       The Secretary shall issue guidance on, in the case of a 
     leasing decision pursuant to section 2667 of title 10, United 
     States Code, or section 4 of the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'') (58 
     Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a 
     lease duration in excess of 25 years is appropriate.

     SEC. 123. SENSE OF CONGRESS RELATING TO POST-DISASTER 
                   REPAIRS.

       It is the sense of Congress that in permitting and funding 
     post-disaster repairs, the Secretary should, to the maximum 
     extent practicable, repair assets--
       (1) to project design levels; or
       (2) if the original project design is outdated, to above 
     project design levels.

     SEC. 124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS 
                   FROM APPROPRIATION FOR IMPROVEMENTS.

       Section 36 of the Act of August 10, 1956 (70A Stat. 634, 
     chapter 1041; 33 U.S.C. 583a), is amended--
       (1) by striking ``Regular officers of the Corps of 
     Engineers of the Army, and reserve officers of the Army who 
     are assigned to the Corps of Engineers,'' and inserting the 
     following:
       ``(a) In General.--The personnel described in subsection 
     (b)''; and
       (2) by adding at the end the following:
       ``(b) Personnel Described.--The personnel referred to in 
     subsection (a) are the following:
       ``(1) Regular officers of the Corps of Engineers of the 
     Army.
       ``(2) The following members of the Army who are assigned to 
     the Corps of Engineers:
       ``(A) Reserve component officers.
       ``(B) Warrant officers (whether regular or reserve 
     component).
       ``(C) Enlisted members (whether regular or reserve 
     component).''.

     SEC. 125. REFORESTATION.

       The Secretary is encouraged to consider measures to restore 
     swamps and other wetland forests in studies for water 
     resources development projects for ecosystem restoration and 
     flood and coastal storm risk management.

     SEC. 126. USE OF OTHER FEDERAL FUNDS.

       Section 2007 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2222) is amended--
       (1) by striking ``water resources study or project'' and 
     inserting ``water resources development study or project, 
     including a study or project under a continuing authority 
     program (as defined in section 7001(c)(1)(D) of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d(c)(1)(D))),''; and
       (2) by striking ``the Federal agency that provides the 
     funds determines that the funds are authorized to be used to 
     carry out the study or project'' and inserting ``the funds 
     appropriated to the Federal agency are for a purpose that is 
     similar or complementary to the purpose of the study or 
     project''.

     SEC. 127. NATIONAL LOW-HEAD DAM INVENTORY.

       The National Dam Safety Program Act (33 U.S.C. 467 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.

       ``(a) Definitions.--In this section:
       ``(1) Inventory.--The term `inventory' means the national 
     low-head dam inventory developed under subsection (b)(1).
       ``(2) Low-head dam.--The term `low-head dam' means a river-
     wide dam that generally spans a stream channel, blocking the 
     waterway and creating a backup of water behind the dam, with 
     a drop off over the wall of not less than 6 inches and not 
     more than 25 feet.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of the Army.
       ``(b) National Low-head Dam Inventory.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary, in consultation 
     with the heads of appropriate Federal and State agencies, 
     shall--
       ``(A) develop an inventory of low-head dams in the United 
     States that includes--
       ``(i) the location, ownership, description, current use, 
     condition, height, and length of each low-head dam;
       ``(ii) any information on public safety conditions at each 
     low-head dam;
       ``(iii) public safety information on the dangers of low-
     head dams;
       ``(iv) a directory of financial and technical assistance 
     resources available to reduce safety hazards and fish passage 
     barriers at low-head dams; and
       ``(v) any other relevant information concerning low-head 
     dams; and
       ``(B) submit the inventory to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(2) Data.--In carrying out this subsection, the Secretary 
     shall--
       ``(A) coordinate with Federal and State agencies and other 
     relevant entities; and
       ``(B) use data provided to the Secretary by those agencies.
       ``(3) Updates.--The Secretary, in consultation with 
     appropriate Federal and State agencies, shall maintain and 
     periodically publish updates to the inventory.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000.
       ``(d) Clarification.--Nothing in this section provides 
     authority to the Secretary to carry out an activity, with 
     respect to a low-head dam, that is not explicitly authorized 
     under this section.''.

     SEC. 128. TRANSFER OF EXCESS CREDIT.

       Section 1020 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2223) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Studies and projects with multiple non-federal 
     interests.--A credit described in paragraph (1) for a study 
     or project with multiple non-Federal interests may be applied 
     to the required non-Federal cost share for a study or project 
     of any of those non-Federal interests, subject to the 
     condition that each non-Federal interest for the study or 
     project for which the credit described in paragraph (1) is 
     provided concurs in writing.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Conditional approval of excess credit.--The Secretary 
     may approve credit in excess of the non-Federal share for a 
     study or project prior to the identification of each 
     authorized study or project to which the excess credit will 
     be applied, subject to the condition that the non-Federal 
     interest agrees to submit for approval by the Secretary an 
     amendment to the comprehensive plan prepared under paragraph 
     (2) that identifies each authorized study or project in 
     advance of execution of the feasibility cost sharing 
     agreement or project partnership agreement for that 
     authorized study or project.'';
       (3) by striking subsection (d); and
       (4) by redesignating subsection (e) as subsection (d).

     SEC. 129. NATIONAL LEVEE RESTORATION.

       (a) Definition of Rehabilitation.--Section 9002(13) of the 
     Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) 
     is amended--
       (1) by inserting ``, or improvement'' after ``removal''; 
     and
       (2) by inserting ``, increase resiliency to extreme weather 
     events,'' after ``flood risk''.

[[Page S3559]]

       (b) Levee Rehabilitation Assistance Program.--Section 
     9005(h) of the Water Resources Development Act of 2007 (33 
     U.S.C. 3303a(h)) is amended--
       (1) in paragraph (7), by striking ``$10,000,000'' and 
     inserting ``$25,000,000''; and
       (2) by adding at the end the following:
       ``(11) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this subsection to economically disadvantaged 
     communities (as defined pursuant to section 160 of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2201 note; 
     Public Law 116-260)).''.

     SEC. 130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.

       Section 1111 of the America's Water Infrastructure Act of 
     2018 (33 U.S.C. 2326 note; Public Law 115-270) is amended by 
     adding at the end the following:
       ``(e) Inland Waterways Regional Dredge Pilot Program.--
       ``(1) In general.--The Secretary is authorized to establish 
     a pilot program (referred to in this subsection as the `pilot 
     program') to conduct a multiyear dredging demonstration 
     program to award contracts with a duration of up to 5 years 
     for projects on inland waterways.
       ``(2) Purposes.--The purposes of the pilot program shall 
     be--
       ``(A) to increase the reliability, availability, and 
     efficiency of federally-owned and federally-operated inland 
     waterways projects;
       ``(B) to decrease operational risks across the inland 
     waterways system; and
       ``(C) to provide cost-savings by combining work across 
     multiple projects across different accounts of the Corps of 
     Engineers.
       ``(3) Demonstration.--
       ``(A) In general.--The Secretary shall, to the maximum 
     extent practicable, award contracts for projects on inland 
     waterways that combine work across the Construction and 
     Operation and Maintenance accounts of the Corps of Engineers.
       ``(B) Projects.-- In awarding contracts under subparagraph 
     (A), the Secretary shall consider projects that--
       ``(i) improve navigation reliability on inland waterways 
     that are accessible year-round;
       ``(ii) increase freight capacity on inland waterways; and
       ``(iii) have the potential to enhance the availability of 
     containerized cargo on inland waterways.
       ``(4) Savings clause.--Nothing in this subsection affects 
     the responsibility of the Secretary with respect to the 
     construction and operations and maintenance of projects on 
     the inland waterways system.
       ``(5) Report to congress.--Not later than 1 year after the 
     date on which the first contract is awarded pursuant to the 
     pilot program, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that evaluates, with respect to the 
     pilot program and any contracts awarded under the pilot 
     program--
       ``(A) cost effectiveness;
       ``(B) reliability and performance;
       ``(C) cost savings attributable to mobilization and 
     demobilization of dredge equipment; and
       ``(D) response times to address navigational impediments.
       ``(6) Sunset.--The authority of the Secretary to enter into 
     contracts pursuant to the pilot program shall expire on the 
     date that is 10 years after the date of enactment of this 
     Act.''.

     SEC. 131. FUNDING TO PROCESS PERMITS.

       Section 214(a)(2) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2352(a)(2)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(B) Multi-user mitigation bank instrument processing.--
       ``(i) In general.--An activity carried out by the Secretary 
     to expedite evaluation of a permit described in subparagraph 
     (A) may include the evaluation of an instrument for a 
     mitigation bank if--

       ``(I) the non-Federal public entity, public-utility 
     company, natural gas company, or railroad carrier applying 
     for the permit described in that subparagraph is the sponsor 
     of the mitigation bank; and
       ``(II) expediting evaluation of the instrument is necessary 
     to expedite evaluation of the permit described in that 
     subparagraph.

       ``(ii) Use of credits.--The use of credits generated by the 
     mitigation bank established using expedited processing under 
     clause (i) shall be limited to current and future projects 
     and activities of the entity, company, or carrier described 
     in subclause (I) of that clause for a public purpose, except 
     that in the case of a non-Federal public entity, not more 
     than 25 percent of the credits may be sold to other public 
     and private entities.''.

     SEC. 132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

       Section 1043(b) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
     121) is amended--
       (1) in paragraph (3), by inserting ``or discrete segment'' 
     after ``separable element'' each place it appears; and
       (2) by adding at the end the following:
       ``(10) Definition of discrete segment.--In this subsection, 
     the term `discrete segment' means a physical portion of a 
     project or separable element that the non-Federal interest 
     can operate and maintain, independently and without creating 
     a hazard, in advance of final completion of the water 
     resources development project, or separable element 
     thereof.''.

     SEC. 133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.

       Section 1156 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2310) is amended by adding at the end the 
     following:
       ``(c) Application to Studies.--
       ``(1) Inclusion.--For purposes of this section, the term 
     `study' includes watershed assessments.
       ``(2) Application.--The Secretary shall apply the waiver 
     amount described in subsection (a) to reduce only the non-
     Federal share of study costs.''.

     SEC. 134. WATER SUPPLY CONSERVATION.

       Section 1116 of the WIIN Act (130 Stat. 1639) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``during the 1-year period ending on the 
     date of enactment of this Act'' and inserting ``for at least 
     2 years during the 10-year period preceding a request from a 
     non-Federal interest for assistance under this section''; and
       (2) in subsection (b)(4), by inserting ``, including 
     measures utilizing a natural feature or nature-based feature 
     (as those terms are defined in section 1184(a)) to reduce 
     drought risk'' after ``water supply''.

     SEC. 135. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF 
                   SMALL, REMOTE, AND SUBSISTENCE HARBORS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop specific 
     criteria for the annual evaluation and ranking of maintenance 
     dredging requirements for small, remote, and subsistence 
     harbors, taking into account the criteria provided in the 
     joint explanatory statement of managers accompanying division 
     D of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260; 134 Stat. 1352).
       (b) 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.
       (c) Report to Congress.--For fiscal year 2024, and 
     biennially thereafter, in conjunction with the annual budget 
     submission of the President under section 1105(a) of title 
     31, United States Code, the Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate and the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives a report that identifies the ranking of 
     projects in accordance with the criteria developed under 
     subsection (a).

     SEC. 136. PROTECTION OF LIGHTHOUSES.

       Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r) is amended by inserting ``lighthouses, including those 
     lighthouses with historical value,'' after ``schools,''.

     SEC. 137. EXPEDITING 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) in subsection (b)(1), by inserting ``and to meet the 
     requirements of subsection (b)'' after ``projects'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Implementation of Policy.--The Secretary shall--
       ``(1) ensure that the policy described in subsection (a) is 
     implemented nationwide in an efficient, consistent, and 
     coordinated manner; and
       ``(2) assess opportunities--
       ``(A) to increase the development of hydroelectric power at 
     existing hydroelectric water resources development projects 
     of the Corps of Engineers; and
       ``(B) to develop new hydroelectric power at nonpowered 
     water resources development projects of the Corps of 
     Engineers.''.

     SEC. 138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 
                   RESTORATION, OR REHABILITATION OF CERTAIN 
                   PUBLIC RECREATION FACILITIES.

       (a) Definition of Eligible Public Recreation Facility.--In 
     this section, the term ``eligible public recreation 
     facility'' means a facility at a reservoir operated by the 
     Corps of Engineers that--
       (1) was constructed to enable public use of and access to 
     the reservoir; and
       (2) requires repair, restoration, or rehabilitation to 
     function.
       (b) Authorization.--During a period of low water at an 
     eligible public recreation facility, the Secretary is 
     authorized--
       (1) to accept and use materials, services, and funds from a 
     non-Federal interest to repair, restore, or rehabilitate the 
     facility; and
       (2) to reimburse the non-Federal interest for the Federal 
     share of the materials, services, or funds.
       (c) Requirement.--The Secretary may not reimburse a non-
     Federal interest for the use of materials or services 
     accepted under this section unless the materials or 
     services--
       (1) meet the specifications of the Secretary; and
       (2) comply with all applicable laws and regulations that 
     would apply if the materials and services were acquired by 
     the Secretary,

[[Page S3560]]

     including subchapter IV of chapter 31 and chapter 37 of title 
     40, United States Code, section 8302 of title 41, United 
     States Code, and the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (d) Agreement.--Before the acceptance of materials, 
     services, or funds under this section, the Secretary and the 
     non-Federal interest shall enter into an agreement that--
       (1) specifies that the non-Federal interest 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, except for damages due to the fault or negligence 
     of the United States or its contractors;
       (2) requires that the non-Federal interest shall certify 
     that the materials or services comply with all applicable 
     laws and regulations under subsection (c); and
       (3) includes any other term or condition required by the 
     Secretary.

     SEC. 139. DREDGED MATERIAL MANAGEMENT PLANS.

       (a) In General.--The Secretary shall prioritize 
     implementation of section 125(c) of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2326h) at federally 
     authorized harbors in the State of Ohio.
       (b) Requirements.--Each dredged material management plan 
     prepared by the Secretary under section 125(c) of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2326h) for a 
     federally authorized harbor in the State of Ohio shall--
       (1) include, in the baseline conditions, a prohibition on 
     use of funding for open-lake disposal of dredged material 
     consistent with section 105 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103; 136 Stat. 217) ; and
       (2) maximize beneficial use of dredged material under the 
     base plan and under section 204(d) of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326(d)).
       (c) Savings Provision.--This section does not--
       (1) impose a prohibition on use of funding for open-lake 
     disposal of dredged material; or
       (2) require the development or implementation of a dredged 
     material management plan in accordance with subsection (b) if 
     use of funding for open-lake disposal is not otherwise 
     prohibited by law.

     SEC. 140. LEASE DEVIATIONS.

       The Secretary shall fully implement the requirements of 
     section 153 of the Water Resources Development Act of 2020 
     (134 Stat. 2658).

     SEC. 141. COLUMBIA RIVER BASIN.

       (a) Study of Flood Risk Management Activities.--
       (1) In general.--Using funds made available to carry out 
     this section, the Secretary is authorized, at Federal 
     expense, to carry out a study to determine the feasibility of 
     a project for flood risk management and related purposes in 
     the Columbia River basin and to report to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate with recommendations thereon, including 
     recommendations for a project to potentially reduce the 
     reliance on Canada for flood risk management in the basin.
       (2) Coordination.--The Secretary shall carry out the 
     activities described in this subsection in coordination with 
     other Federal and State agencies and Indian Tribes.
       (b) Funds for Columbia River Treaty Obligations.--
       (1) In general.--The Secretary is authorized to expend 
     funds appropriated for the purpose of satisfying United 
     States obligations under the Columbia River Treaty to 
     compensate Canada for operating Canadian storage on behalf of 
     the United States under such Treaty.
       (2) Notification.--If the U.S. entity calls upon Canada to 
     operate Canadian reservoir storage for flood risk management 
     on behalf of the United States, which operation may incur an 
     obligation to compensate Canada under the Columbia River 
     Treaty--
       (A) the Secretary shall submit to the Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Environment 
     and Public Works and Appropriations of the Senate, by not 
     later than 30 days after the initiation of the call, a 
     written notice of the action and a justification, including a 
     description of the circumstances necessitating the call;
       (B) upon a determination by the United States of the amount 
     of compensation that shall be paid to Canada, the Secretary 
     shall submit to the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives and the Committees on Environment and Public 
     Works and Appropriations of the Senate a written notice 
     specifying such amount and an explanation of how such amount 
     was derived, which notification shall not delay or impede the 
     flood risk management mission of the U.S. entity; and
       (C) the Secretary shall make no payment to Canada for the 
     call under the Columbia River Treaty until such time as funds 
     appropriated for the purpose of compensating Canada under 
     such Treaty are available.
       (c) Definitions.--In this section:
       (1) Columbia river basin.--The term ``Columbia River 
     basin'' means the entire United States portion of the 
     Columbia River watershed.
       (2) Columbia river treaty.--The term ``Columbia River 
     Treaty'' means the Treaty relating to cooperative development 
     of the water resources of the Columbia River Basin, signed at 
     Washington January 17, 1961, and entered into force September 
     16, 1964.
       (3) U.S. entity.--The term ``U.S. entity'' means the entity 
     designated by the United States under Article XIV of the 
     Columbia River Treaty.

     SEC. 142. CONTINUATION OF CONSTRUCTION.

       (a) In General.--The Secretary shall not include the amount 
     of Federal obligations incurred and non-Federal contributions 
     provided for an authorized water resources development 
     project during the period beginning on the date of enactment 
     of this Act and ending on September 30, 2025, for purposes of 
     determining if the cost of the project exceeds the maximum 
     cost of the project under section 902 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2280).
       (b) Continuation of Construction.--
       (1) In general.--The Secretary shall not, solely on the 
     basis of section 902 of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2280)--
       (A) defer the initiation or continuation of construction of 
     a water resources development project during the period 
     described in subsection (a); or
       (B) terminate a contract for design or construction of a 
     water resources development project entered into during the 
     period described in subsection (a) after expiration of that 
     period.
       (2) Resumption of construction.--The Secretary shall resume 
     construction of any water resources development project for 
     which construction was deferred on the basis of section 902 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2280) during the period beginning on October 1, 2021, and 
     ending on the date of enactment of this Act.
       (c) Statutory Construction.--Nothing in this section waives 
     the obligation of the Secretary to 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 post-authorization change report 
     recommending an increase in the authorized cost of a project 
     if the project otherwise would exceed the maximum cost of the 
     project under section 902 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2280).

                     TITLE II--STUDIES AND REPORTS

     SEC. 201. AUTHORIZATION OF FEASIBILITY STUDIES.

       (a) In General.--The Secretary is authorized to investigate 
     the feasibility of the following projects:
       (1) Project for ecosystem restoration, Mill Creek Levee and 
     Walla Walla River, Oregon.
       (2) Project for flood risk management and ecosystem 
     restoration, Tittabawassee River, Chippewa River, Pine River, 
     and Tobacco River, Michigan.
       (3) Project for flood risk management, Southeast Michigan.
       (4) Project for flood risk management, McMicken Dam, 
     Arizona.
       (5) Project for flood risk management, Ellicott City and 
     Howard County, Maryland.
       (6) Project for flood risk management, Ten Mile River, 
     North Attleboro, Massachusetts.
       (7) Project for flood risk management and water supply, 
     Fox-Wolf Basin, Wisconsin.
       (8) Project for flood risk management and ecosystem 
     restoration, Thatchbed Island, Essex, Connecticut.
       (9) Project for flood and coastal storm risk management, 
     Cape Fear River Basin, North Carolina.
       (10) Project for flood risk management, Lower Clear Creek 
     and Dickinson Bayou, Texas.
       (11) Project for flood risk management and ecosystem 
     restoration, the Resacas, Hidalgo and Cameron Counties, 
     Texas.
       (12) Project for flood risk management, including levee 
     improvement, Papillion Creek, Nebraska.
       (13) Project for flood risk management, Offutt Ditch Pump 
     Station, Nebraska.
       (14) Project for flood risk management, navigation, and 
     ecosystem restoration, Mohawk River Basin, New York.
       (15) Project for coastal storm risk management, Waikiki 
     Beach, Hawaii.
       (16) Project for ecosystem restoration and coastal storm 
     risk management, Cumberland and Sea Islands, Georgia.
       (17) Project for flood risk management, Wailupe Stream 
     watershed, Hawaii.
       (18) Project for flood and coastal storm risk management, 
     Hawaii County, Hawaii.
       (19) Project for coastal storm risk management, Maui 
     County, Hawaii.
       (20) Project for flood risk management, Sarpy County, 
     Nebraska.
       (21) Project for aquatic ecosystem restoration, including 
     habitat for endangered salmon, Columbia River Basin.
       (22) Project for ecosystem restoration, flood risk 
     management, and recreation, Newport, Kentucky.
       (23) Project for flood risk management and water supply, 
     Jenkins, Kentucky.
       (24) Project for flood risk management, including riverbank 
     stabilization, Columbus, Kentucky.
       (25) Project for flood and coastal storm risk management, 
     navigation, and ecosystem restoration, South Shore, Long 
     Island, New York.
       (26) Project for flood risk management, coastal storm risk 
     management, navigation, ecosystem restoration, and water 
     supply, Blind Brook, New York.
       (27) Project for navigation, Cumberland River, Kentucky.

[[Page S3561]]

       (28) Project for ecosystem restoration and water supply, 
     Great Salt Lake, Utah.
       (b) Project Modifications.--The Secretary is authorized to 
     investigate the feasibility of the following modifications to 
     the following projects:
       (1) Modifications to the project for navigation, South 
     Haven Harbor, Michigan, for turning basin improvements.
       (2) Modifications to the project for navigation, Rollinson 
     Channel and channel from Hatteras Inlet to Hatteras, North 
     Carolina, authorized by section 101 of the River and Harbor 
     Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.
       (3) Modifications to the project for flood control, Saint 
     Francis River Basin, Missouri and Arkansas, authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 172, 
     chapter 188), to provide flood risk management for the 
     tributaries and drainage of Straight Slough, Craighead, 
     Poinsett, and Cross Counties, Arkansas.
       (4) Modifications to the project for flood risk management, 
     Cedar River, Cedar Rapids, Iowa, authorized by section 
     7002(2) of the Water Resources Reform and Development Act of 
     2014 (128 Stat. 1366), consistent with the City of Cedar 
     Rapids, Iowa, Cedar River Flood Control System Master Plan.
       (5) Modifications to the project for navigation, Savannah 
     Harbor, Georgia, without evaluation of additional deepening.
       (6) Modifications to the project for navigation, Honolulu 
     Harbor, Hawaii, for navigation improvements and coastal storm 
     risk management.
       (7) Modifications to the project for navigation, Port of 
     Ogdensburg, New York, including deepening.
       (8) Modifications to the Huntington Local Protection 
     Project, Huntington, West Virginia.

     SEC. 202. SPECIAL RULES.

       (a) The studies authorized by paragraphs (12) and (13) of 
     section 201(a) shall be considered a continuation of the 
     study that resulted in the Chief's Report for the project for 
     Papillion Creek and Tributaries Lakes, Nebraska, signed 
     January 24, 2022.
       (b) The study authorized by section 201(a)(17) shall be 
     considered a resumption and a continuation of the general 
     reevaluation initiated on December 30, 2003.
       (c) In carrying out the study authorized by section 
     201(a)(21), the Secretary shall only formulate measures and 
     alternatives to be consistent with the authorized purposes of 
     existing Federal projects while also maintaining the benefits 
     of such projects.
       (d) In carrying out the study authorized by section 
     201(a)(25), the Secretary shall study the South Shore of Long 
     Island, New York, as a whole system, including inlets that 
     are Federal channels.
       (e) The studies authorized by section 201(b) shall be 
     considered new phase investigations afforded the same 
     treatment as a general reevaluation.

     SEC. 203. EXPEDITED COMPLETION OF STUDIES.

       (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) Modifications to the project for flood risk management, 
     North Adams, Massachusetts, authorized by section 5 of the 
     Act of June 22, 1936 (commonly known as the ``Flood Control 
     Act of 1936'') (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), 
     and section 3 of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 639, chapter 
     377), for flood risk management and ecosystem restoration.
       (2) Project for coastal storm risk management, Charleston 
     Peninsula, South Carolina.
       (3) Project for flood and coastal storm risk management and 
     ecosystem restoration, Boston North Shore, Revere, Saugus, 
     Lynn, Maiden, and Everett, Massachusetts.
       (4) Project for flood risk management, De Soto County, 
     Mississippi.
       (5) Project for coastal storm risk management, Chicago 
     shoreline, Illinois.
       (6) Project for flood risk management, Cave Buttes Dam, 
     Arizona.
       (7) Project for flood and coastal storm risk management, 
     Chelsea, Massachusetts, authorized by a study resolution of 
     the Committee on Public Works of the Senate dated September 
     12, 1969.
       (8) Project for ecosystem restoration, Herring River 
     Estuary, Barnstable County, Massachusetts, authorized by a 
     study resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives dated July 23, 
     1997.
       (9) Project for coastal storm risk management, ecosystem 
     restoration, and navigation, Nauset Barrier Beach and inlet 
     system, Chatham, Massachusetts, authorized by a study 
     resolution of the Committee on Public Works of the Senate 
     dated September 12, 1969.
       (10) Project for flood risk management, East Hartford Levee 
     System, Connecticut.
       (11) Project for flood risk management, Rahway, New Jersey, 
     authorized by section 336 of the Water Resources Development 
     Act of 2020 (134 Stat. 2712).
       (12) Project for coastal storm risk management, Sea Bright 
     to Manasquan, New Jersey.
       (13) Project for coastal storm risk management, Raritan Bay 
     and Sandy Hook Bay, New Jersey.
       (14) Project for coastal storm risk management, St. Tammany 
     Parish, Louisiana.
       (15) Project for ecosystem restoration, Fox River, 
     Illinois, authorized by section 519 of the Water Resources 
     Development Act of 2000 (114 Stat. 2653).
       (16) Project for ecosystem restoration, Chicago River, 
     Illinois.
       (17) Project for ecosystem restoration, Lake Okeechobee, 
     Florida.
       (18) Project for ecosystem restoration, Western Everglades, 
     Florida.
       (19) Modifications to the project for navigation, Hilo 
     Harbor, Hawaii.
       (20) Project for flood risk management, Kanawha River 
     Basin, West Virginia, Virginia, North Carolina.
       (21) Modifications to the project for navigation, Auke Bay, 
     Alaska.
       (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, 
     authorized by section 101(b)(4) of the Water Resources 
     Development Act of 2000 (114 Stat. 2577).
       (2) Project for coastal storm risk management, Surf City 
     and North Topsail Beach, North Carolina, authorized by 
     section 7002(3) of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1367).
       (3) Anchorage F modifications to the project for 
     navigation, Norfolk Harbor and Channels, Virginia, authorized 
     by section 201 of the Water Resources Development Act of 1986 
     (100 Stat. 4090) and modified by section 1403(a) of the Water 
     Resources Development Act of 2018 (132 Stat. 3840).
       (4) Project for navigation, Port Everglades, Florida, 
     authorized by section 1401(1) of the Water Resources 
     Development Act of 2016 (130 Stat. 1709).
       (c) Watershed and River Basin Assessments.--The Secretary 
     shall expedite the completion of the following assessments 
     under section 729 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2267a):
       (1) Great Lakes Coastal Resiliency Study, Illinois, 
     Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, 
     and Wisconsin.
       (2) Ouachita-Black Rivers, Arkansas and Louisiana.
       (3) Project for watershed assessment, Hawaii County, 
     Hawaii.
       (d) Disposition Study.--The Secretary shall expedite the 
     completion of the disposition study for the Los Angeles 
     County Drainage Area under section 216 of the Flood Control 
     Act of 1970 (33 U.S.C. 549a).
       (e) Additional Direction.--The post-authorization change 
     report for the project described in subsection (b)(3) shall 
     be completed not later than December 31, 2023.

     SEC. 204. STUDIES FOR PERIODIC NOURISHMENT.

       (a) In General.--Section 156 of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f)) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``15'' and inserting 
     ``50''; and
       (B) in paragraph (2), by striking ``15'';
       (2) in subsection (e)--
       (A) by striking ``10-year period'' and inserting ``16-year 
     period''; and
       (B) by striking ``6 years'' and inserting ``12 years''; and
       (3) by adding at the end the following:
       ``(f) Treatment of Studies.--A study carried out under 
     subsection (b) shall be considered a new phase investigation 
     afforded the same treatment as a general reevaluation.''.
       (b) Indian River Inlet Sand Bypass Plant.--For purposes of 
     the project for coastal storm risk management, Delaware Coast 
     Protection, Delaware (commonly known as the ``Indian River 
     Inlet Sand Bypass Plant''), authorized by section 869 of the 
     Water Resources Development Act of 1986 (100 Stat. 4182), a 
     study carried out under section 156(b) of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall 
     consider as an alternative for periodic nourishment continued 
     reimbursement of the Federal share of the cost to the non-
     Federal interest for the project to operate and maintain a 
     sand bypass plant.

     SEC. 205. NEPA REPORTING.

       (a) Definitions.--In this section:
       (1) Categorical exclusion.--The term ``categorical 
     exclusion'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (2) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means a detailed written 
     statement required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (4) Finding of no significant impact.--The term ``finding 
     of no significant impact'' has the meaning given the term in 
     section 1508.1 of title 40, Code of Federal Regulations (or a 
     successor regulation).
       (5) NEPA process.--
       (A) In general.--The term ``NEPA process'' has the meaning 
     given the term in section 1508.1 of title 40, Code of Federal 
     Regulations (or a successor regulation).
       (B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       (i) begins on the date on which the Secretary initiates a 
     project study; and
       (ii) ends on the date on which the Secretary issues, with 
     respect to the project study--

       (I) a record of decision, including, if necessary, a 
     revised record of decision;

[[Page S3562]]

       (II) a finding of no significant impact; or
       (III) a categorical exclusion under title I of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).

       (6) Project study.--The term ``project study'' means a 
     feasibility study for a project carried out pursuant to 
     section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282) for which a categorical exclusion, an 
     environmental assessment, or an environmental impact 
     statement is required pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Reports.--
       (1) NEPA data.--
       (A) In general.--The Secretary shall carry out a process to 
     track, and annually submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing, the information 
     described in subparagraph (B).
       (B) Information described.--The information referred to in 
     subparagraph (A) is, with respect to the Corps of Engineers--
       (i) the number of project studies for which a categorical 
     exclusion was used during the reporting period;
       (ii) the number of project studies for which the decision 
     to use a categorical exclusion, to prepare an environmental 
     assessment, or to prepare an environmental impact statement 
     is pending on the date on which the report is submitted;
       (iii) the number of project studies for which an 
     environmental assessment was issued during the reporting 
     period, broken down by whether a finding of no significant 
     impact, if applicable, was based on mitigation;
       (iv) the length of time the Corps of Engineers took to 
     complete each environmental assessment described in clause 
     (iii);
       (v) the number of project studies pending on the date on 
     which the report is submitted for which an environmental 
     assessment is being drafted;
       (vi) the number of project studies for which an 
     environmental impact statement was issued during the 
     reporting period;
       (vii) the length of time the Corps of Engineers took to 
     complete each environmental impact statement described in 
     clause (vi); and
       (viii) the number of project studies pending on the date on 
     which the report is submitted for which an environmental 
     impact statement is being drafted.
       (2) Public access to nepa reports.--The Secretary shall 
     make publicly available each annual report required under 
     paragraph (1).

     SEC. 206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND 
                   SCHEDULE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of the factors and conditions 
     for each ongoing water resources development project carried 
     out by the Secretary for which--
       (1) the current estimated total project cost of the project 
     exceeds the original estimated total project cost of the 
     project by not less than $50,000,000; or
       (2) the current estimated completion date of the project 
     exceeds the original estimated completion date of the project 
     by not less than 5 years.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a).

     SEC. 207. GAO STUDY ON PROJECT DISTRIBUTION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of the geographic 
     distribution of annual and supplemental funding for water 
     resources development projects carried out by the Secretary 
     over the previous 10 fiscal years and the factors that have 
     led to that distribution.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the analysis under subsection (a).

     SEC. 208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND 
                   MAINTENANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of the practices of the Corps 
     of Engineers with respect to the determination of joint costs 
     associated with operations and maintenance of reservoirs 
     owned and operated by the Secretary.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a) and any 
     recommendations that result from the review.

     SEC. 209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION 
                   PRACTICES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall carry out a review of the water resources 
     development project mitigation practices of the Corps of 
     Engineers.
       (b) Content.--The review under subsection (a) shall include 
     an evaluation of--
       (1) the implementation by the Corps of Engineers of the 
     final rule issued on April 10, 2008, entitled ``Compensatory 
     Mitigation for Losses of Aquatic Resources'' (73 Fed. Reg. 
     19594), including, at a minimum--
       (A) the extent to which the final rule is consistently 
     implemented by the districts of the Corps of Engineers; and
       (B) the performance of each of the mitigation mechanisms 
     included in the final rule; and
       (2) opportunities to utilize alternative methods to satisfy 
     mitigation requirements of water resources development 
     projects, including, at a minimum, performance-based 
     contracts.
       (c) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a) and any 
     recommendations that result from the review.
       (d) Definition of Performance-based Contract.--In this 
     section, the term ``performance-based contract'' means a 
     procurement mechanism by which the Corps of Engineers 
     contracts with a public or private non-Federal entity for a 
     specific mitigation outcome requirement, with payment to the 
     entity linked to delivery of verifiable and successful 
     mitigation performance.

     SEC. 210. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT 
                   PROJECT, TEXAS.

       The Secretary shall expedite the review and coordination of 
     the feasibility study for the project for navigation, Sabine-
     Neches Waterway, Texas, under section 203(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2231(b)).

     SEC. 211. GREAT LAKES RECREATIONAL BOATING.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall prepare, at full Federal expense, 
     and submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     updating the findings of the report on the economic benefits 
     of recreational boating in the Great Lakes basin prepared 
     under section 455(c) of the Water Resources Development Act 
     of 1999 (42 U.S.C. 1962d-21(c)).

     SEC. 212. CENTRAL AND SOUTHERN FLORIDA.

       (a) Evaluation and Report.--
       (1) Evaluation.--On request and at the expense of the St. 
     Johns River Water Management District, the Secretary shall 
     evaluate the effects of deauthorizing the southernmost 3.5-
     mile reach of the L-73 levee, Section 2, Osceola County, 
     Florida, on the functioning of the project for flood control 
     and other purposes, Upper St. Johns River Basin, Central and 
     Southern Florida, authorized by section 203 of the Flood 
     Control Act of 1948 (62 Stat. 1176).
       (2) Report.--In carrying out the evaluation under paragraph 
     (1), the Secretary shall--
       (A) prepare a report that includes the results of the 
     evaluation, including--
       (i) the advisability of deauthorizing the levee described 
     in that paragraph; and
       (ii) any recommendations for conditions that should be 
     placed on a deauthorization to protect the interests of the 
     United States and the public; and
       (B) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the report 
     under subparagraph (A) as part of the annual report submitted 
     to Congress pursuant to section 7001 of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2282d).
       (b) Comprehensive Central and Southern Florida Study.--
       (1) In general.--The Secretary is authorized to carry out a 
     feasibility study for resiliency and comprehensive 
     improvements or modifications to existing water resources 
     development projects in central and southern Florida, for the 
     purposes of flood risk management, water supply, ecosystem 
     restoration (including preventing saltwater intrusion), 
     recreation, and related purposes.
       (2) Requirements.--In carrying out the feasibility study 
     under paragraph (1), the Secretary--
       (A) is authorized--
       (i) to review the report of the Chief of Engineers for 
     central and southern Florida (House Document 643, 80th 
     Congress, 2d Session), and other related reports of the 
     Secretary; and
       (ii) to recommend cost-effective structural and 
     nonstructural projects for implementation that provide a 
     systemwide approach for the purposes described in that 
     paragraph; and
       (B) shall ensure the study and any projects recommended 
     under subparagraph (A)(ii) will not interfere with the 
     efforts undertaken to carry out the Comprehensive Everglades 
     Restoration Plan pursuant to section 601 of the Water 
     Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 
     1268; 132 Stat. 3786).

     SEC. 213. INVESTMENTS FOR RECREATION AREAS.

       (a) Findings.--Congress finds the following:
       (1) The Corps of Engineers operates more recreation areas 
     than any other Federal or State agency, apart from the 
     Department of the Interior.

[[Page S3563]]

       (2) Nationally, visitors to nearly 600 dams and lakes, 
     managed by the Corps of Engineers, spend an estimated 
     $12,000,000,000 per year and support 500,000 jobs.
       (3) Lakes managed by the Corps of Engineers are economic 
     drivers that support rural communities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Corps of Engineers should use all available authorities 
     to promote and enhance development and recreational 
     opportunities at lakes that are part of authorized civil 
     works projects under the administrative jurisdiction of the 
     Corps of Engineers.
       (c) Report.--Not later than 180 days after the 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 investments needed to support 
     recreational activities that are part of authorized water 
     resources development projects under the administrative 
     jurisdiction of the Corps of Engineers.
       (d) Requirements.--The report under subsection (c) shall 
     include--
       (1) a list of deferred maintenance projects, including 
     maintenance projects relating to recreational facilities, 
     sites, and associated access roads;
       (2) a plan to fund the projects described in paragraph (1) 
     over the 5-year period following the date of enactment of 
     this Act;
       (3) a description of efforts made by the Corps of Engineers 
     to coordinate investments in recreational facilities, sites, 
     and associated access roads with--
       (A) State and local governments; or
       (B) private entities; and
       (4) an assessment of whether the modification of Federal 
     contracting requirements could accelerate the availability of 
     funds for the projects described in paragraph (1).

     SEC. 214. WESTERN INFRASTRUCTURE STUDY.

       (a) Definitions of Natural Feature and Nature-based 
     Feature.--In this section, the terms ``natural feature'' and 
     ``nature-based feature'' have the meanings given those terms 
     in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
       (b) Comprehensive Study.--The Secretary shall conduct a 
     comprehensive study (referred to in this section as the 
     ``study'') to evaluate the effectiveness of carrying out 
     additional measures, including measures that utilize natural 
     features or nature-based features at or upstream of 
     reservoirs for the purposes of--
       (1) sustaining operations in response to changing 
     hydrological and climatic conditions;
       (2) mitigating the risk of drought or floods, including the 
     loss of storage capacity due to sediment accumulation;
       (3) increasing water supply; or
       (4) aquatic ecosystem restoration.
       (c) Study Focus.--In conducting the study, the Secretary 
     shall include all reservoirs owned and operated by the 
     Secretary and reservoirs for which the Secretary has flood 
     control responsibilities under section 7 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the 
     South Pacific Division of the Corps of Engineers.
       (d) Consultation and Use of Existing Data.--
       (1) Consultation.--In conducting the study, the Secretary 
     shall consult with applicable--
       (A) Federal, State, and local agencies;
       (B) Indian Tribes;
       (C) non-Federal interests; and
       (D) other stakeholders, as determined appropriate by the 
     Secretary.
       (2) Use of existing data and prior studies.--To the maximum 
     extent practicable and where appropriate, the Secretary may--
       (A) use existing data provided to the Secretary by entities 
     described in paragraph (1); and
       (B) incorporate--
       (i) relevant information from prior studies and projects 
     carried out by the Secretary; and
       (ii) the latest technical data and scientific approaches 
     with respect to changing hydrological and climatic 
     conditions.
       (e) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes--
       (1) the results of the study; and
       (2) any recommendations on site-specific areas where 
     additional study is recommended by the Secretary.
       (f) Savings Provision.--Nothing in this section provides 
     authority to the Secretary to change the authorized purposes 
     at any of the reservoirs described in subsection (c).

     SEC. 215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY 
                   SYSTEM.

       Section 8004(g) of the Water Resources Development Act of 
     2007 (33 U.S.C. 652 note; Public Law 110-114) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Report on water level management.--Not later than 1 
     year after the date of completion of the comprehensive plan 
     for Mississippi River water level management under section 22 
     of the Water Resources Development Act of 1974 (42 U.S.C. 
     1962d-16), the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an implementation report on opportunities 
     identified in the comprehensive plan to expand the use of 
     water level management on the Upper Mississippi River and 
     Illinois Waterway System for the purpose of ecosystem 
     restoration.''.

     SEC. 216. WEST VIRGINIA HYDROPOWER.

       (a) In General.--For water resources development projects 
     described in subsection (b), the Secretary is authorized--
       (1) to evaluate the feasibility of modifications to such 
     projects for the purposes of adding Federal hydropower or 
     energy storage development; and
       (2) to grant approval for the use of such projects for non-
     Federal hydropower or energy storage development in 
     accordance with section 14 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Act of 1899'') 
     (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
       (b) Projects Described.--The projects referred to in 
     subsection (a) are the following:
       (1) Sutton Dam, Braxton County, West Virginia, authorized 
     by section 5 of the Act of June 22, 1936 (49 Stat. 1586, 
     chapter 688).
       (2) Hildebrand Lock and Dam, Monongahela County, West 
     Virginia, authorized by section 101 of the River and Harbor 
     Act of 1950 (64 Stat. 166, chapter 188).
       (3) Bluestone Lake, Summers County, West Virginia, 
     authorized by section 5 of the Act of June 22, 1936 (49 Stat. 
     1586, chapter 688).
       (4) R.D. Bailey Dam, Wyoming County, West Virginia, 
     authorized by section 203 of the Flood Control Act of 1962 
     (76 Stat. 1188).
       (5) Stonewall Jackson Dam, Lewis County, West Virginia, 
     authorized by section 203 of the Flood Control Act of 1966 
     (80 Stat. 1421).
       (6) East Lynn Dam, Wayne County, West Virginia, authorized 
     by section 5 of the Act of June 22, 1936 (49 Stat. 1586, 
     chapter 688).
       (7) Burnsville Lake, Braxton County, West Virginia, 
     authorized by section 5 of the Act of June 22, 1936 (49 Stat. 
     1586, chapter 688).
       (c) Demonstration Projects.--The authority for facility 
     modifications under subsection (a) includes demonstration 
     projects.

     SEC. 217. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS 
                   FACILITIES IN APPALACHIA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a plan to implement the 
     recreational and economic development opportunities 
     identified by the Secretary in the report prepared under 
     section 206 of the Water Resources Development Act of 2020 
     (134 Stat. 2680) at Corps of Engineers facilities located 
     within a distressed or at-risk county (as described in 
     subsection (a)(1) of that section) in Appalachia.
       (b) Considerations.--In preparing the plan under subsection 
     (a), the Secretary shall consider options for Federal 
     funding, partnerships, and outgrants to Federal, State, and 
     local governments, nonprofit organizations, and commercial 
     businesses.

     SEC. 218. AUTOMATED FEE MACHINES.

       For the purpose of mitigating adverse impacts to public 
     access to outdoor recreation, to the maximum extent 
     practicable, the Secretary shall consider alternatives to the 
     use of automated fee machines for the collection of fees for 
     the use of developed recreation sites and facilities in West 
     Virginia.

     SEC. 219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.

       Section 5146 of the Water Resources Development Act of 2007 
     (121 Stat. 1255) is amended by adding at the end the 
     following:
       ``(c) Clarifications.--
       ``(1) In general.--At the request of the non-Federal 
     interest for the study of the Lake Champlain Canal Aquatic 
     Invasive Species Barrier carried out under section 542 of the 
     Water Resources Development Act of 2000 (114 Stat. 2671; 121 
     Stat. 1150; 134 Stat. 2652), the Secretary shall scope the 
     phase II portion of that study to satisfy the feasibility 
     determination under subsection (a).
       ``(2) Dispersal barrier.--A dispersal barrier constructed, 
     maintained, or operated under this section may include--
       ``(A) physical hydrologic separation;
       ``(B) nonstructural measures;
       ``(C) deployment of technologies;
       ``(D) buffer zones; or
       ``(E) any combination of the approaches described in 
     subparagraphs (A) through (D).''.

     SEC. 220. REPORT ON CONCESSIONAIRE PRACTICES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on concessionaire lease 
     practices by the Corps of Engineers.
       (b) Inclusions.--The report under subsection (a) shall 
     include, at a minimum--
       (1) an assessment of the reasonableness of the formula of 
     the Corps of Engineers for calculating concessionaire rental 
     rates, taking into account the operating margins for sales of 
     food and fuel; and
       (2) the process for assessing administrative fees to 
     concessionaires across districts of the Corps of Engineers.

[[Page S3564]]

  


   TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

     SEC. 301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

       (a) Atlanta, Georgia.--Section 219(e)(5) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
     3757; 113 Stat. 334) is amended by striking ``$25,000,000'' 
     and inserting ``$75,000,000''.
       (b) Eastern Shore and Southwest Virginia.--Section 
     219(f)(10)(A) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
       (1) by striking ``$20,000,000'' and inserting 
     ``$52,000,000''; and
       (2) by striking ``Accomac'' and inserting ``Accomack''.
       (c) Lakes Marion and Moultrie, South Carolina.--Section 
     219(f)(25) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 
     2719) is amended by striking ``$110,000,000'' and inserting 
     ``$151,500,000''.
       (d) Lake County, Illinois.--Section 219(f)(54) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 114 Stat. 2763A-221) is amended--
       (1) in the paragraph heading, by striking ``Cook county'' 
     and inserting ``Cook county and lake county''; and
       (2) by striking ``$35,000,000'' and inserting 
     ``$100,000,000''.
       (e) Madison and St. Clair Counties, Illinois.--Section 
     219(f)(55) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 
     Stat. 2718) is amended by striking ``$45,000,000'' and 
     inserting ``$100,000,000''.
       (f) Calaveras County, California.--Section 219(f)(86) of 
     the Water Resources Development Act of 1992 (106 Stat. 4835; 
     113 Stat. 334; 121 Stat. 1259) is amended by striking 
     ``$3,000,000'' and inserting ``$13,280,000''.
       (g) Los Angeles County, California.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1259) is amended by striking paragraph 
     (93) and inserting the following:
       ``(93) Los angeles county, california.--
       ``(A) In general.--$38,000,000 for wastewater and water 
     related infrastructure, Los Angeles County, California.
       ``(B) Eligibility.--The Water Replenishment District of 
     Southern California may be eligible for assistance under this 
     paragraph.''.
       (h) Michigan.--Section 219(f)(157) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1262) is amended--
       (1) by striking ``$35,000,000 for'' and inserting the 
     following:
       ``(A) In general.--$85,000,000 for''; and
       (2) by adding at the end the following:
       ``(B) Additional projects.--Amounts made available under 
     subparagraph (A) may be used for design and construction 
     projects for water-related environmental infrastructure and 
     resource protection and development projects in Michigan, 
     including for projects for wastewater treatment and related 
     facilities, water supply and related facilities, 
     environmental restoration, and surface water resource 
     protection and development.''.
       (i) Myrtle Beach and Vicinity, South Carolina.--Section 
     219(f) of the Water Resources Development Act of 1992 (106 
     Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by 
     striking paragraph (250) and inserting the following:
       ``(250) Myrtle beach and vicinity, south carolina.--
     $31,000,000 for environmental infrastructure, including ocean 
     outfalls, Myrtle Beach and vicinity, South Carolina.''.
       (j) North Myrtle Beach and Vicinity, South Carolina.--
     Section 219(f) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by 
     striking paragraph (251) and inserting the following:
       ``(251) North myrtle beach and vicinity, south carolina.--
     $74,000,000 for environmental infrastructure, including ocean 
     outfalls, North Myrtle Beach and vicinity, South Carolina.''.
       (k) Horry County, South Carolina.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) is amended by adding at the end 
     the following:
       ``(274) Horry county, south carolina.--$19,000,000 for 
     environmental infrastructure, including ocean outfalls, Horry 
     County, South Carolina.''.
       (l) Lane County, Oregon.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (k)) is 
     amended by adding at the end the following:
       ``(275) Lane county, oregon.--$20,000,000 for environmental 
     infrastructure, Lane County, Oregon.''.
       (m) Placer County, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (l)) is 
     amended by adding at the end the following:
       ``(276) Placer county, california.--$21,000,000 for 
     environmental infrastructure, Placer County, California.''.
       (n) Alameda County, California.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is 
     amended by adding at the end the following:
       ``(277) Alameda county, california.--$20,000,000 for 
     environmental infrastructure, Alameda County, California.''.
       (o) Temecula City, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (n)) is 
     amended by adding at the end the following:
       ``(278) Temecula city, california.--$18,000,000 for 
     environmental infrastructure, Temecula City, California.''.
       (p) Yolo County, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (o)) is 
     amended by adding at the end the following:
       ``(279) Yolo county, california.--$6,000,000 for 
     environmental infrastructure, Yolo County, California.''.
       (q) Clinton, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (p)) is 
     amended by adding at the end the following:
       ``(280) Clinton, mississippi.--$13,600,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Clinton, Mississippi.''.
       (r) Oxford, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (q)) is 
     amended by adding at the end the following:
       ``(281) Oxford, mississippi.--$10,000,000 for environmental 
     infrastructure, including stormwater management, drainage 
     systems, and water quality enhancement, Oxford, 
     Mississippi.''.
       (s) Madison County, Mississippi.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is 
     amended by adding at the end the following:
       ``(282) Madison county, mississippi.--$10,000,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Madison County, Mississippi.''.
       (t) Rankin County, Mississippi.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is 
     amended by adding at the end the following:
       ``(283) Rankin county, mississippi.--$10,000,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Rankin County, Mississippi.''.
       (u) Meridian, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (t)) is 
     amended by adding at the end the following:
       ``(284) Meridian, mississippi.--$10,000,000 for wastewater 
     infrastructure, including stormwater management, drainage 
     systems, and water quality enhancement, Meridian, 
     Mississippi.''.
       (v) Delaware.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (u)) is amended by 
     adding at the end the following:
       ``(285) Delaware.--$50,000,000 for sewer, stormwater system 
     improvements, storage treatment, environmental restoration, 
     and related water infrastructure, Delaware.''.
       (w) Queens, New York.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (v)) is 
     amended by adding at the end the following:
       ``(286) Queens, new york.--$20,000,000 for the design and 
     construction of stormwater management and improvements to 
     combined sewer overflows to reduce the risk of flood impacts, 
     Queens, New York.''.
       (x) Georgia.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (w)) is amended by 
     adding at the end the following:
       ``(287) Georgia.--$75,000,000 for environmental 
     infrastructure, Baldwin County, Bartow County, Floyd County, 
     Haralson County, Jones County, Gilmer County, Towns County, 
     Warren County, Lamar County, Lowndes County, Troup County, 
     Madison County, Toombs County, Dade County, Bulloch County, 
     Gordon County, Walker County, Dooly County, Butts County, 
     Clarke County, Crisp County, Newton County, Bibb County, 
     Baker County, Barrow County, Oglethorpe County, Peach County, 
     Brooks County, Carroll County, Worth County, Jenkins County, 
     Wheeler County, Calhoun County, Randolph County, Wilcox 
     County, Stewart County, Telfair County, Clinch County, 
     Hancock County, Ben Hill County, Jeff Davis County, Chattooga 
     County, Lanier County, Brantley County, Charlton County, 
     Tattnall County, Emanuel County, Mitchell County, Turner 
     County, Bacon County, Terrell County, Macon County, Ware 
     County, Bleckley County, Colquitt County, Washington County, 
     Berrien County, Coffee County, Pulaski County, Cook County, 
     Atkinson County, Candler County, Taliaferro County, Evans 
     County, Johnson County, Irwin County, Dodge County, Jefferson 
     County, Appling County, Taylor County, Wayne County, Clayton 
     County, Decatur County, Schley County, Sumter County, Early 
     County, Webster County, Clay County, Upson County, Long 
     County, Twiggs County, Dougherty County, Quitman County, 
     Meriwether County, Stephens County, Wilkinson County, Murray 
     County, Wilkes County, Elbert County, McDuffie County, Heard 
     County, Marion County, Talbot County, Laurens County, 
     Montgomery County, Echols County, Pierce County, Richmond 
     County, Chattahoochee County, Screven County, Habersham 
     County, Lincoln County, Burke County, Liberty County, Tift 
     County, Polk County, Glascock County, Grady County, Jasper 
     County,

[[Page S3565]]

     Banks County, Franklin County, Whitfield County, Treutlen 
     County, Crawford County, Hart County, Georgia.''.
       (y) Maryland.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (x)) is amended by 
     adding at the end the following:
       ``(288) Maryland.--$100,000,000 for water, wastewater, and 
     other environmental infrastructure, Maryland.''.
       (z) Milwaukee Metropolitan Area, Wisconsin.--Section 219(f) 
     of the Water Resources Development Act of 1992 (106 Stat. 
     4835; 113 Stat. 334; 121 Stat. 1268) (as amended by 
     subsection (y)) is amended by adding at the end the 
     following:
       ``(289) Milwaukee metropolitan area, wisconsin.--$4,500,000 
     for water-related infrastructure, resource protection and 
     development, stormwater management, and reduction of combined 
     sewer overflows, Milwaukee metropolitan area, Wisconsin.''.
       (aa) Hawaii.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (z)) is amended by 
     adding at the end the following:
       ``(290) Hawaii.--$75,000,000 for water-related 
     infrastructure, resource protection and development, 
     wastewater treatment, water supply, urban storm water 
     conveyance, environmental restoration, and surface water 
     protection and development, Hawaii.''.
       (bb) Alabama.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (aa)) is amended by 
     adding at the end the following:
       ``(291) Alabama.--$50,000,000 for water, wastewater, and 
     other environmental infrastructure, Alabama.''.
       (cc) Mississippi.--Section 592(g) of the Water Resources 
     Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is 
     amended by striking ``$200,000,000'' and inserting 
     ``$300,000,000''.
       (dd) Central New Mexico.--Section 593(h) of the Water 
     Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 
     2255) is amended by striking ``$50,000,000'' and inserting 
     ``$100,000,000''.
       (ee) North Dakota and Ohio.--Section 594 of the Water 
     Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 
     1140; 121 Stat. 1944) is amended by adding at the end the 
     following:
       ``(i) Authorization of Additional Appropriations.--In 
     addition to amounts authorized under subsection (h), there is 
     authorized to be appropriated to carry out this section 
     $100,000,000, to be divided between the States referred to in 
     subsection (a).''.
       (ff) Western Rural Water.--Section 595(i) of the Water 
     Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 
     2719) is amended--
       (1) in paragraph (1), by striking ``$435,000,000'' and 
     inserting ``$490,000,000''; and
       (2) in paragraph (2), by striking ``$150,000,000'' and 
     inserting ``$200,000,000''.
       (gg) Lake Champlain Watershed, Vermont and New York.--
     Section 542 of the Water Resources Development Act of 2000 
     (114 Stat. 2671; 121 Stat. 1150) is amended--
       (1) in subsection (b)(2)(C), by striking ``planning'' and 
     inserting ``clean water infrastructure planning, design, and 
     construction''; and
       (2) in subsection (g), by striking ``$32,000,000'' and 
     inserting ``$100,000,000''.
       (hh) Texas.--Section 5138 of the Water Resources 
     Development Act of 2007 (121 Stat. 1250) is amended--
       (1) in subsection (b), by striking ``, as identified by the 
     Texas Water Development Board'';
       (2) in subsection (e)(3), by inserting ``and construction'' 
     after ``design work'';
       (3) by redesignating subsection (g) as subsection (i); and
       (4) by inserting after subsection (f) the following:
       ``(g) Nonprofit Entities.--In accordance with section 
     221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
     5b(b)), for any project carried out under this section, a 
     non-Federal interest may include a nonprofit entity with the 
     consent of the affected local government.
       ``(h) Corps of Engineers Expenses.--Not more than 10 
     percent of the amounts made available to carry out this 
     section may be used by the Corps of Engineers district 
     offices to administer projects under this section at Federal 
     expense.''.

     SEC. 302. SOUTHERN WEST VIRGINIA.

       (a) In General.--Section 340 of the Water Resources 
     Development Act of 1992 (106 Stat. 4856) is amended--
       (1) in the section heading, by striking ``environmental 
     restoration infrastructure and resource protection 
     development pilot program''; and
       (2) by striking subsection (f) and inserting the following:
       ``(f) Definition of Southern West Virginia.--In this 
     section, the term `southern West Virginia' means the counties 
     of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, 
     Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, 
     McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, 
     Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, 
     Wirt, and Wyoming, West Virginia.''.
       (b) Clerical Amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 1992 
     (106 Stat. 4799) is amended by striking the item relating to 
     section 340 and inserting the following:

``Sec. 340. Southern West Virginia.''.

     SEC. 303. NORTHERN WEST VIRGINIA.

       (a) In General.--Section 571 of the Water Resources 
     Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 
     Stat. 2719) is amended--
       (1) in the section heading, by striking ``central'' and 
     inserting ``northern'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Definition of Northern West Virginia.--In this 
     section, the term `northern West Virginia' means the counties 
     of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, 
     Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, 
     Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, 
     Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and 
     Wood, West Virginia.'';
       (3) in subsection (b), by striking ``central'' and 
     inserting ``northern''; and
       (4) in subsection (c), by striking ``central'' and 
     inserting ``northern''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Water Resources Development Act of 1999 (113 
     Stat. 269) is amended by striking the item relating to 
     section 571 and inserting the following:

``Sec. 571. Northern West Virginia.''.

     SEC. 304. LOCAL COOPERATION AGREEMENTS, NORTHERN WEST 
                   VIRGINIA.

       Section 219(f)(272) of the Water Resources Development Act 
     of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is 
     amended--
       (1) by striking ``$20,000,000 for water and wastewater'' 
     and inserting the following:
       ``(A) In general.--$20,000,000 for water and wastewater''; 
     and
       (2) by adding at the end the following:
       ``(B) Local cooperation agreements.--Notwithstanding 
     subsection (a), at the request of a non-Federal interest for 
     a project or a separable element of a project that receives 
     assistance under this paragraph, the Secretary may adopt a 
     model agreement developed in accordance with section 571(e) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     371).''.

     SEC. 305. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT 
                   PROJECTS.

       (a) In General.--In the case of a water resources 
     development project described in subsection (b), the 
     Secretary shall--
       (1) fund, at full Federal expense, any incremental increase 
     in cost to the project that results from a legal requirement 
     to use a borrow source determined by the Secretary to be 
     other than the least-cost option; and
       (2) exclude the cost described in paragraph (1) from the 
     cost-benefit analysis for the project.
       (b) Authorized Water Resources Development Projects 
     Described.--An authorized water resources development project 
     referred to in subsection (a) is any of the following:
       (1) The Townsends Inlet to Cape May Inlet, New Jersey, 
     coastal storm risk management project, authorized by section 
     101(a)(26) of the Water Resources Development Act of 1999 
     (113 Stat. 278).
       (2) The Folly Beach, South Carolina, coastal storm risk 
     management project, authorized by section 501(a) of the Water 
     Resources Development Act of 1986 (100 Stat. 4136) and 
     modified by section 108 of the Energy and Water Development 
     Appropriations Act, 1992 (105 Stat. 520).
       (3) The Carolina Beach and Vicinity, North Carolina, 
     coastal storm risk management project, authorized by section 
     203 of the Flood Control Act of 1962 (76 Stat. 1182) and 
     modified by section 401(7) of the Water Resources Development 
     Act of 2020 (134 Stat. 2741).
       (4) The Wrightsville Beach, North Carolina, coastal storm 
     risk management project, authorized by section 203 of the 
     Flood Control Act of 1962 (76 Stat. 1182) and modified by 
     section 401(7) of the Water Resources Development Act of 2020 
     (134 Stat. 2741).
       (5) A project for coastal storm risk management for any 
     shore included in a project described in this subsection that 
     is specifically authorized by Congress on or after the date 
     of enactment of this Act.
       (6) Emergency repair and restoration of any project 
     described in this subsection under section 5 of the Act of 
     August 18, 1941 (commonly known as the ``Flood Control Act of 
     1941'') (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
       (c) Savings Provision.--Nothing in this section limits the 
     eligibility for, or availability of, Federal expenditures or 
     financial assistance for any water resources development 
     project, including any beach nourishment or renourishment 
     project, under any other provision of Federal law.

     SEC. 306. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.

       Section 103(k)(4) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(k)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) in the matter preceding clause (i) (as so 
     redesignated), by striking ``Notwithstanding'' and inserting 
     the following:
       ``(A) In general.--Notwithstanding'';
       (3) in subparagraph (A) (as so redesignated)--
       (A) in clause (i) (as so redesignated)--
       (i) by striking ``$200 million'' and inserting 
     ``$200,000,000''; and
       (ii) by striking ``and'' at the end;
       (B) in clause (ii) (as so redesignated)--
       (i) by inserting ``an amount equal to \2/3\ of'' after 
     ``repays''; and

[[Page S3566]]

       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(iii) the non-Federal interest repays the balance of 
     remaining principal by June 1, 2032.''; and
       (4) by adding at the end the following:
       ``(B) Repayment options.--Repayment of a non-Federal 
     contribution under subparagraph (A)(iii) may be satisfied 
     through the provision by the non-Federal interest of fish and 
     wildlife mitigation for one or more projects or separable 
     elements, if the Secretary determines that--
       ``(i) the non-Federal interest has incurred costs for the 
     provision of mitigation that--

       ``(I) equal or exceed the amount of the required repayment; 
     and
       ``(II) are in excess of any required non-Federal 
     contribution for the project or separable element for which 
     the mitigation is provided; and

       ``(ii) the mitigation is integral to the project for which 
     it is provided.''.

     SEC. 307. MODIFICATIONS.

       (a) In General.--The following modifications to studies and 
     projects are authorized:
       (1) Mississippi river gulf outlet, louisiana.--The Federal 
     share of the cost of the project for ecosystem restoration, 
     Mississippi River Gulf Outlet, Louisiana, authorized by 
     section 7013(a)(4) of the Water Resources Development Act of 
     2007 (121 Stat. 1281), shall be 90 percent.
       (2) Great lakes and mississippi river interbasin project, 
     brandon road, will county, illinois.--Section 402(a)(1) of 
     the Water Resources Development Act of 2020 (134 Stat. 2742) 
     is amended by striking ``80 percent'' and inserting ``90 
     percent''.
       (3) Lower mississippi river comprehensive management 
     study.--Section 213 of the Water Resources Development Act of 
     2020 (134 Stat. 2687) is amended by adding at the end the 
     following:
       ``(j) Cost-share.--The Federal share of the cost of the 
     comprehensive study described in subsection (a), and any 
     feasibility study described in subsection (e), shall be 90 
     percent.''.
       (4) Port of nome, alaska.--
       (A) In general.--The Secretary shall carry out the project 
     for navigation, Port of Nome, Alaska, authorized by section 
     401(1) of the Water Resources Development Act of 2020 (134 
     Stat. 2733).
       (B) Cost-share.--The Federal share of the cost of the 
     project described in subparagraph (A) shall be 90 percent.
       (5) Chicago shoreline protection.--The project for storm 
     damage reduction and shore protection, Lake Michigan, 
     Illinois, from Wilmette, Illinois, to the Illinois-Indiana 
     State line, authorized by section 101(a)(12) of the Water 
     Resources Development Act of 1996 (110 Stat. 3664), is 
     modified to authorize the Secretary to provide 65 percent of 
     the cost of the locally preferred plan, as described in the 
     Report of the Chief of Engineers dated April 14, 1994, for 
     the construction of the following segments of the project:
       (A) Shoreline revetment at Morgan Shoal.
       (B) Shoreline revetment at Promontory Point.
       (6) Lower mud river, milton, west virginia.--
       (A) In general.--Notwithstanding section 3170 of the Water 
     Resources Development Act of 2007 (121 Stat. 1154), the 
     Federal share of the cost of the project for flood control, 
     Milton, West Virginia, authorized by section 580 of the Water 
     Resources Development Act of 1996 (110 Stat. 3790), and 
     modified by section 340 of the Water Resources Development 
     Act of 2000 (114 Stat. 2612) and section 3170 of the Water 
     Resources Development Act of 2007 (121 Stat. 1154), shall be 
     90 percent.
       (B) Land, easements, and rights-of-way.--For the project 
     described in subparagraph (A), the Secretary shall include in 
     the cost of the project, and credit toward the non-Federal 
     share of that cost, the value of land, easements, and rights-
     of-way provided by the non-Federal interest for the project, 
     including the value of land, easements, and rights-of-way 
     required for the project that are owned or held by the non-
     Federal interest or other non-Federal public body.
       (C) Additional eligibility.--Unless otherwise directed in 
     an Act making annual appropriations for the Corps of 
     Engineers for a fiscal year in which the Secretary has 
     determined an additional appropriation is required to 
     continue or complete construction of the project described in 
     subparagraph (A), the project shall be eligible for 
     additional funding appropriated by that Act in the 
     Construction account of the Corps of Engineers--
       (i) without a new investment decision; and
       (ii) on the same terms as a project that is not the project 
     described in subparagraph (A).
       (7) South shore staten island, new york.--The Federal share 
     of any portion of the cost to design and construct the 
     project for coastal storm risk management, South Shore Staten 
     Island, New York, authorized by section 401(3), that exceeds 
     the estimated total project cost specified in the project 
     partnership agreement for the project, signed by the 
     Secretary on February 15, 2019, shall be 90 percent.
       (b) Agreements.--
       (1) Studies and projects with multiple non-federal 
     interests.--At the request of the applicable non-Federal 
     interests for the project described in section 402(a) of the 
     Water Resources Development Act of 2020 (134 Stat. 2742) and 
     for the studies described in subsection (j) of section 213 of 
     that Act (134 Stat. 2687), the Secretary shall not require 
     those non-Federal interests to be jointly and severally 
     liable for all non-Federal obligations in the project 
     partnership agreement for the project or in the feasibility 
     cost share agreements for the studies.
       (2) South san francisco bay shoreline, california.--
       (A) In general.--Except for funds required for a betterment 
     or for a locally preferred plan, the Secretary shall not 
     require the non-Federal interest for the project for flood 
     risk management, ecosystem restoration, and recreation, South 
     San Francisco Bay Shoreline, California, authorized by 
     section 1401(6) of the Water Resources Development Act of 
     2016 (130 Stat. 1714), to contribute funds under an agreement 
     entered into prior to the date of enactment of this Act in 
     excess of the total cash contribution required from the non-
     Federal interest for the project under section 103 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2213).
       (B) Requirement.--The Secretary shall not, at any time, 
     defer, suspend, or terminate construction of the project 
     described in subparagraph (A) solely on the basis of a 
     determination by the Secretary that an additional 
     appropriation is required to cover the Federal share of the 
     cost to complete construction of the project, if Federal 
     funds in an amount determined by the Secretary to be 
     sufficient to continue construction of the project remain 
     available in the allocation for the project under the Long-
     Term Disaster Recovery Investment Plan for amounts 
     appropriated under the heading ``construction'' under the 
     heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT OF THE ARMY'' 
     in title IV of subdivision 1 of division B of the Bipartisan 
     Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).

     SEC. 308. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL DISPOSAL 
                   PLAN.

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

     SEC. 309. DELAWARE SHORE PROTECTION AND RESTORATION.

       (a) Delaware Beneficial Use of Dredged Material for the 
     Delaware River, Delaware.--
       (1) In general.--The project for coastal storm risk 
     management, Delaware Beneficial Use of Dredged Material for 
     the Delaware River, Delaware, authorized by section 401(3) of 
     the Water Resources Development Act of 2020 (134 Stat. 2736) 
     (referred to in this subsection as the ``project''), is 
     modified--
       (A) to direct the Secretary to implement the project using 
     alternative borrow sources to the Delaware River, 
     Philadelphia to the Sea, project, Delaware, New Jersey, 
     Pennsylvania, authorized by the Act of June 25, 1910 (chapter 
     382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 
     68 Stat. 1249; 72 Stat. 297); and
       (B) until the Secretary implements the modification under 
     subparagraph (A), to authorize the Secretary, at the request 
     of a non-Federal interest, to carry out initial construction 
     or periodic nourishments at any site included in the project 
     under--
       (i) section 1122 of the Water Resources Development Act of 
     2016 (33 U.S.C. 2326 note; Public Law 114-322); or
       (ii) section 204(d) of the Water Resources Development Act 
     of 1992 (33 U.S.C. 2326(d)).
       (2) Treatment.--If the Secretary determines that a study is 
     required to carry out paragraph (1)(A), the study shall be 
     considered to be a continuation of the study that formulated 
     the project.
       (3) Cost-share.--The Federal share of the cost of the 
     project, including the cost of any modifications carried out 
     under subsection (a)(1), shall be 90 percent.
       (b) Indian River Inlet Sand Bypass Plant, Delaware.--
       (1) In general.--The Indian River Inlet Sand Bypass Plant, 
     Delaware, coastal storm risk management project (referred to 
     in this subsection as the ``project''), authorized by section 
     869 of the Water Resources Development Act of 1986 (100 Stat. 
     4182), is modified to authorize the Secretary, at the request 
     of a non-Federal interest, to provide periodic nourishment 
     through dedicated dredging or other means to maintain or 
     restore the functioning of the project when--
       (A) the sand bypass plant is inoperative; or
       (B) operation of the sand bypass plant is insufficient to 
     maintain the functioning of the project.
       (2) Requirements.--A cycle of periodic nourishment provided 
     pursuant to paragraph (1) shall be subject to the following 
     requirements:
       (A) Cost-share.--The non-Federal share of the cost of a 
     cycle shall be the same percentage as the non-Federal share 
     of the cost to operate the sand bypass plant.
       (B) Decision document.--If the Secretary determines that a 
     decision document is required to support a request for 
     funding for the Federal share of a cycle, the decision 
     document may be prepared using funds made available to the 
     Secretary for construction or for investigations.
       (C) Treatment.--
       (i) Decision document.--A decision document prepared under 
     subparagraph (B) shall

[[Page S3567]]

     not be subject to a new investment determination.
       (ii) Cycles.--A cycle shall be considered continuing 
     construction.
       (c) Delaware Emergency Shore Restoration.--
       (1) In general.--The Secretary is authorized to repair or 
     restore any beach or any federally authorized hurricane or 
     shore protective structure or project located in the State of 
     Delaware pursuant to section 5(a) of the Act of August 18, 
     1941 (commonly known as the ``Flood Control Act of 1941'') 
     (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if--
       (A) the structure, project, or beach is damaged by wind, 
     wave, or water action associated with a storm of any 
     magnitude; and
       (B) the damage prevents the adequate functioning of the 
     structure, project, or beach.
       (2) Benefit-cost analysis.--The Secretary shall determine 
     that the benefits attributable to the objectives set forth in 
     section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-
     2) and section 904(a) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried 
     out under this subsection.
       (3) Savings provision.--The authority provided by this 
     subsection shall be in addition to any authority provided by 
     section 5(a) of the Act of August 18, 1941 (commonly known as 
     the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)) to repair or restore a beach or 
     federally authorized hurricane or shore protection structure 
     or project located in the State of Delaware damaged or 
     destroyed by wind, wave, or water action of other than an 
     ordinary nature.
       (d) Indian River Inlet and Bay, Delaware.--In carrying out 
     major maintenance of the project for navigation, Indian River 
     Inlet and Bay, Delaware, authorized by the Act of August 26, 
     1937 (50 Stat. 846, chapter 832), and section 2 of the Act of 
     March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall 
     repair, restore, or relocate any non-Federal facility or 
     other infrastructure, that has been damaged, in whole or in 
     part, by the deterioration or failure of the project.
       (e) Reprogramming for Coastal Storm Risk Management Project 
     at Indian River Inlet.--
       (1) In general.--Notwithstanding any other provision of 
     law, for each fiscal year, the Secretary may reprogram 
     amounts made available for a coastal storm risk management 
     project to use such amounts for the project for coastal storm 
     risk management, Indian River Inlet Sand Bypass Plant, 
     Delaware, authorized by section 869 of the Water Resources 
     Development Act of 1986 (100 Stat. 4182).
       (2) Limitations.--
       (A) In general.--The Secretary may carry out not more than 
     2 reprogramming actions under paragraph (1) for each fiscal 
     year.
       (B) Amount.--For each fiscal year, the Secretary may 
     reprogram--
       (i) not more than $100,000 per reprogramming action; and
       (ii) not more than $200,000 for each fiscal year.

     SEC. 310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.

       Section 5(a) of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)) (as amended by section 112(2)), is 
     amended by adding at the end the following:
       ``(7) Special rule.--
       ``(A) In general.--The Secretary shall not deny a request 
     from the Governor of a State to provide advance measures 
     assistance under this subsection to reduce the risk of damage 
     from rising water levels in the Great Lakes solely on the 
     basis that the damage is caused by erosion.
       ``(B) Federal share.--Assistance provided by the Secretary 
     pursuant to a request under subparagraph (A) may be at full 
     Federal expense if the assistance is to construct advanced 
     measures to a temporary construction standard.''.

     SEC. 311. REHABILITATION OF EXISTING LEVEES.

       Section 3017(e) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 3303a note; Public Law 
     113-121) is amended--
       (1) by striking ``this subsection'' and inserting ``this 
     section''; and
       (2) by striking ``10 years'' and inserting ``20 years''.

     SEC. 312. PILOT PROGRAM FOR CERTAIN COMMUNITIES.

       (a) Pilot Programs on the Formulation of Corps of Engineers 
     Projects in Rural Communities and Economically Disadvantaged 
     Communities.--Section 118 of the Water Resources Development 
     Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is 
     amended--
       (1) in subsection (b)(2)(C), by striking ``10''; and
       (2) in subsection (c)--
       (A) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``make a recommendation to Congress on up to 
     10 projects'' and inserting ``recommend projects to 
     Congress''; and
       (B) by adding at the end the following:
       ``(5) Recommendations.--In recommending projects under 
     paragraph (2), the Secretary shall include such 
     recommendations in the next annual report submitted to 
     Congress under section 7001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282d) after the date of 
     enactment of the Water Resources Development Act of 2022.''.
       (b) Pilot Program for Caps in Small or Disadvantaged 
     Communities.--Section 165(a) of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260) is amended--
       (1) in paragraph (2)(B), by striking ``a total of 10'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Maximum federal amount.--For a project carried out 
     under this subsection, the maximum Federal amount, if 
     applicable, shall be increased by the commensurate amount of 
     the non-Federal share that would otherwise be required for 
     the project under the applicable continuing authority 
     program.''.

     SEC. 313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   PUMP STATIONS.

       Section 133 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2327a) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Eligible pump station.--The term `eligible pump 
     station' means a pump station that--
       ``(A) is a feature of a federally authorized flood or 
     coastal storm risk management project; or
       ``(B) if inoperable, would impair drainage of water from 
     areas interior to a federally authorized flood or coastal 
     storm risk management project.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Authorization.--The Secretary may carry out 
     rehabilitation of an eligible pump station, if the Secretary 
     determines that--
       ``(1) the pump station has a major deficiency; and
       ``(2) the rehabilitation is feasible.''; and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this section to economically disadvantaged 
     communities.''.

     SEC. 314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       Section 510(a)(2) of the Water Resources Development Act of 
     1996 (110 Stat. 3759; 128 Stat. 1317) is amended--
       (1) in subparagraph (B), by inserting ``and streambanks'' 
     after ``shorelines'';
       (2) in subparagraph (E), by striking ``and'' at the end;
       (3) by redesignating subparagraph (F) as subparagraph (H); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) wastewater treatment and related facilities;
       ``(G) stormwater and drainage systems; and''.

     SEC. 315. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER 
                   BASIN.

       The Secretary is authorized to evaluate hydrologic changes 
     affecting the agreement entitled ``Agreement Between the 
     Government of Canada and the United States of America for 
     Water Supply and Flood Control in The Souris River Basin'', 
     signed in 1989.

     SEC. 316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL 
                   DAM, NORTH DAKOTA.

       The Secretary may enter into a memorandum of understanding 
     with the non-Federal interest for the Red River Valley Water 
     Supply Project to accommodate flows for downstream users 
     through Baldhill Dam, North Dakota.

     SEC. 317. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.

       Section 1103(e)(3) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 652(e)(3)) is amended by striking 
     ``$40,000,000'' and inserting ``$75,000,000''.

     SEC. 318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.

       Section 128(c) of the Water Resources Development Act of 
     2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by 
     inserting ``the Upper Mississippi River and its 
     tributaries,'' after ``New York,''.

     SEC. 319. COLLETON COUNTY, SOUTH CAROLINA.

       Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b(a)(4)(C)(i)) shall not apply to 
     construction carried out by the non-Federal interest before 
     the date of enactment of this Act for the project for 
     hurricane and storm damage risk reduction, Colleton County, 
     South Carolina, authorized by section 1401(3) of the Water 
     Resources Development Act of 2016 (130 Stat. 1711).

     SEC. 320. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

       Section 3132 of the Water Resources Development Act of 2007 
     (121 Stat. 1141) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorized Cost.--The Secretary is authorized to 
     carry out construction of a project under this section at a 
     total cost of $128,400,000, with the cost shared in 
     accordance with section 103 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213).
       ``(c) Additional Feasibility Studies Authorized.--
       ``(1) In general.--The Secretary is authorized to carry out 
     feasibility studies for purposes of recommending to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives additional projects under this 
     section.
       ``(2) Treatment.--An additional feasibility study carried 
     out under this subsection shall be considered a continuation 
     of the feasibility study that formulated the project carried 
     out under subsection (b).''.

[[Page S3568]]

  


     SEC. 321. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

       Section 560 of the Water Resources Development Act of 1999 
     (33 U.S.C. 2336) is amended--
       (1) in subsection (c), by inserting ``or on land taken into 
     trust by the Secretary of the Interior on behalf of, and for 
     the benefit of, an Indian Tribe'' after ``land owned by the 
     United States''; and
       (2) in subsection (f), by striking ``$30,000,000'' and 
     inserting ``$50,000,000''.

     SEC. 322. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

       Section 509(a)(2) of the Water Resources Development Act of 
     2020 (33 U.S.C. 610 note; Public Law 116-260) is amended--
       (1) in subparagraph (A), by striking ``or Tennessee River 
     Watershed'' and inserting ``, Tennessee River Watershed, or 
     Tombigbee River Watershed''; and
       (2) in subparagraph (C)(i), by inserting ``, of which not 
     less than 1 shall be carried out on the Tennessee-Tombigbee 
     Waterway'' before the period at the end.

     SEC. 323. FORMS OF ASSISTANCE.

       Section 592(b) of the Water Resources Development Act of 
     1999 (113 Stat. 379) is amended by striking ``and surface 
     water resource protection and development'' and inserting 
     ``surface water resource protection and development, 
     stormwater management, drainage systems, and water quality 
     enhancement''.

     SEC. 324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.

       (a) In General.--Beginning on the date of enactment of this 
     Act, the project for New York Harbor collection and removal 
     of drift, authorized by section 91 of the Water Resources 
     Development Act of 1974 (88 Stat. 39), and deauthorized 
     pursuant to section 6001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 579b) (as in effect on the 
     day before the date of enactment of the WIIN Act (130 Stat. 
     1628)), is authorized to be carried out by the Secretary.
       (b) Feasibility Study.-- The Secretary shall carry out, and 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of, a feasibility study for the project described 
     in subsection (a).

     SEC. 325. INVASIVE SPECIES MANAGEMENT.

       Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 
     610) is amended--
       (1) in subsection (b)(2)(A)(ii)--
       (A) by striking ``$50,000,000'' and inserting 
     ``$75,000,000''; and
       (B) by striking ``2024'' and inserting ``2028''; and
       (2) in subsection (g)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``water quantity or water quality'' and 
     inserting ``water quantity, water quality, or ecosystems''; 
     and
       (ii) by inserting ``the Lake Erie Basin, the Ohio River 
     Basin,'' after ``the Upper Snake River Basin,''; and
       (B) in subparagraph (B), by inserting ``, hydrilla 
     (Hydrilla verticillata),'' after ``angustifolia)''.

     SEC. 326. WOLF RIVER HARBOR, TENNESSEE.

       Beginning on the date of enactment of this Act, the project 
     for navigation, Wolf River Harbor, Tennessee, authorized by 
     title II of the Act of June 16, 1933 (48 Stat. 200, chapter 
     90) (commonly known as the ``National Industrial Recovery 
     Act''), and modified by section 203 of the Flood Control Act 
     of 1958 (72 Stat. 308), is modified to reduce the authorized 
     dimensions of the project, such that the remaining authorized 
     dimensions are a 250-foot-wide, 9-foot-depth channel with a 
     center line beginning at a point 35.139634, -90.062343 and 
     extending approximately 8,500 feet to a point 35.160848, -
     90.050566.

     SEC. 327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, 
                   AND NEBRASKA.

       The matter under the heading ``missouri river mitigation, 
     missouri, kansas, iowa, and nebraska'' in section 601(a) of 
     the Water Resources Development Act of 1986 (100 Stat. 4143; 
     121 Stat. 1155), as modified by section 334 of the Water 
     Resources Development Act of 1999 (113 Stat. 306), is amended 
     by adding at the end the following: ``When acquiring land to 
     meet the requirements of fish and wildlife mitigation, the 
     Secretary may consider incidental flood risk management 
     benefits.''.

     SEC. 328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.

       Section 104(f)(4) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(f)(4)) is amended by striking ``2024'' and 
     inserting ``2026''.

     SEC. 329. NUECES COUNTY, TEXAS, CONVEYANCES.

       (a) In General.--On receipt of a written request of the 
     Port of Corpus Christi, the Secretary shall--
       (1) review the land owned and easements held by the United 
     States for purposes of navigation in Nueces County, Texas; 
     and
       (2) convey to the Port of Corpus Christi or, in the case of 
     an easement, release to the owner of the fee title to the 
     land subject to such easement, without consideration, all 
     such land and easements described in paragraph (1) that the 
     Secretary determines are no longer required for project 
     purposes.
       (b) Conditions.--
       (1) Quitclaim deed.--Any conveyance of land under this 
     section shall be by quitclaim deed.
       (2) Terms and conditions.--The Secretary may subject any 
     conveyance or release of easement under this section to such 
     terms and conditions as the Secretary determines necessary 
     and advisable to protect the United States.
       (c) Administrative Costs.--In accordance with section 2695 
     of title 10, United States Code, the Port of Corpus Christi 
     shall be responsible for the costs incurred by the Secretary 
     to convey land or release easements under this section.
       (d) Waiver of Real Property Screening Requirements.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance of land or release of easements under this 
     section.

     SEC. 330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.

       As part of the authority of the Secretary to carry out the 
     project for flood damage reduction, bank stabilization, and 
     sediment and erosion control, Yazoo Basin, Mississippi Delta 
     Headwaters, Mississippi, authorized by the matter under the 
     heading ``enhancement of water resource benefits and for 
     emergency disaster work'' in title I of Public Law 98-8 (97 
     Stat. 22), the Secretary may carry out emergency maintenance 
     activities, as the Secretary determines to be necessary, for 
     features of the project completed before the date of 
     enactment of this Act.

     SEC. 331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW 
                   YORK AND NEW JERSEY.

       (a) In General.--The Secretary may carry out additional 
     feasibility studies for ecosystem restoration, Hudson-Raritan 
     Estuary, New York and New Jersey, including an examination of 
     measures and alternatives at Baisley Pond Park and the 
     Richmond Terrace Wetlands.
       (b) Treatment.--A feasibility study carried out under 
     subsection (a) shall be considered a continuation of the 
     study that formulated the project for ecosystem restoration, 
     Hudson-Raritan Estuary, New York and New Jersey, authorized 
     by section 401(5) of the Water Resources Development Act of 
     2020 (134 Stat. 2740).

     SEC. 332. TIMELY REIMBURSEMENT.

       (a) Definition of Covered Project.--In this section, the 
     term ``covered project'' means a project for navigation 
     authorized by section 1401(1) of the WIIN Act (130 Stat. 
     1708).
       (b) Reimbursement Required.--In the case of a covered 
     project for which the non-Federal interest has advanced funds 
     for construction of the project, the Secretary shall 
     reimburse the non-Federal interest for advanced funds that 
     exceed the non-Federal share of the cost of construction of 
     the project as soon as practicable after the completion of 
     each individual contract for the project.

     SEC. 333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH 
                   CAROLINA.

       Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended 
     by striking paragraph (2) and inserting the following:
       ``(2) Cost-share.--
       ``(A) In general.--The costs of construction of a Project 
     feature constructed pursuant to paragraph (1) shall be 
     determined in accordance with section 101(a)(1)(B) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2211(a)(1)(B)).
       ``(B) Savings provision.--Any increase in costs for the 
     Project due to the construction of a Project feature 
     described in subparagraph (A) shall not be included in the 
     total project cost for purposes of section 902 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2280).''.

     SEC. 334. LAKE TAHOE BASIN RESTORATION, NEVADA AND 
                   CALIFORNIA.

       (a) Definition.--In this section, the term ``Lake Tahoe 
     Basin'' means the entire watershed drainage of Lake Tahoe 
     including that portion of the Truckee River 1,000 feet 
     downstream from the United States Bureau of Reclamation dam 
     in Tahoe City, California.
       (b) Establishment of Program.--The Secretary may establish 
     a program for providing environmental assistance to non-
     Federal interests in Lake Tahoe Basin.
       (c) Form of Assistance.--Assistance under this section may 
     be in the form of planning, design, and construction 
     assistance for water-related environmental infrastructure and 
     resource protection and development projects in Lake Tahoe 
     Basin--
       (1) urban stormwater conveyance, treatment and related 
     facilities;
       (2) watershed planning, science and research;
       (3) environmental restoration; and
       (4) surface water resource protection and development.
       (d) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (e) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State and Regional officials, of 
     appropriate environmental documentation, engineering plans 
     and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.

[[Page S3569]]

       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of planning and 
     design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for a project.
       (C) Land, easements, rights-of-way, and relocations.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations provided by the 
     non-Federal interest toward the non-Federal share of project 
     costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of total 
     project costs.
       (D) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (f) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for the period 
     beginning with fiscal year 2005, $50,000,000, to remain 
     available until expended.
       (h) Repeal.--Section 108 of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2942), is repealed.
       (i) Treatment.--The program authorized by this section 
     shall be considered a continuation of the program authorized 
     by section 108 of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2942) (as in effect on 
     the day before the date of enactment of this Act).

     SEC. 335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA 
                   BASIN, CALIFORNIA.

       Section 111 of title I of division B of the Miscellaneous 
     Appropriations Act, 2001 (as enacted by section 1(a)(4) of 
     the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 
     114 Stat. 2763A-224; 121 Stat. 1209)), is amended--
       (1) in subsection (a), by inserting ``and volatile organic 
     compounds'' after ``perchlorates''; and
       (2) in subsection (b)(3), by inserting ``and volatile 
     organic compounds'' after ``perchlorates''.

     SEC. 336. TRIBAL PARTNERSHIP PROGRAM.

       Section 203 of the Water Resources Development Act of 2000 
     (33 U.S.C. 2269) is amended--
       (1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and 
     inserting ``(25 U.S.C. 5304)'';
       (2) in subsection (b)--
       (A) in paragraph (2)(A)--
       (i) by inserting ``or coastal storm'' after ``flood''; and
       (ii) by inserting ``including erosion control,'' after 
     ``reduction,'';
       (B) in paragraph (3), by adding at the end the following:
       ``(C) Federal interest determination.--The first $100,000 
     of the costs of a study under this section shall be at full 
     Federal expense.'';
       (C) in paragraph (4)--
       (i) in subparagraph (A), by striking ``$18,500,000'' and 
     inserting ``$26,000,000''; and
       (ii) in subparagraph (B), by striking ``$18,500,000'' and 
     inserting ``$26,000,000''; and
       (D) by adding at the end the following:
       ``(5) Project justification.--Notwithstanding any other 
     provision of law or requirement for economic justification 
     established under section 209 of the Flood Control Act of 
     1970 (42 U.S.C. 1962-2) for a project (other than a project 
     for ecosystem restoration), the Secretary may implement a 
     project under this section if the Secretary determines that 
     the project will--
       ``(A) significantly reduce potential flood or coastal storm 
     damages, which may include or be limited to damages due to 
     shoreline erosion or riverbank or streambank failures;
       ``(B) improve the quality of the environment;
       ``(C) reduce risks to life safety associated with the 
     damages described in subparagraph (A); and
       ``(D) improve the long-term viability of the community.'';
       (3) in subsection (d)(5)(B)--
       (A) by striking ``non-Federal'' and inserting ``Federal''; 
     and
       (B) by striking ``50 percent'' and inserting ``100 
     percent''; and
       (4) in subsection (e), by striking ``2024'' and inserting 
     ``2033''.

     SEC. 337. SURPLUS WATER CONTRACTS AND WATER STORAGE 
                   AGREEMENTS.

       Section 1046(c) of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 
     Stat. 2715) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).

     SEC. 338. COPAN LAKE, OKLAHOMA.

       (a) In General.--The Secretary shall amend Contract DACW56-
     81-C-0114 between the United States and the Copan Public 
     Works Authority (referred to in this section as the 
     ``Authority''), entered into on June 22, 1981, for the 
     utilization by the Authority of storage space for water 
     supply in Copan Lake, Oklahoma (referred to in this section 
     as the ``project'')--
       (1) to release to the United States all rights of the 
     Authority to utilize 4,750 acre-feet of future use water 
     storage space; and
       (2) to relieve the Authority from all financial 
     obligations, to include the initial project investment costs 
     and the accumulated interest on unpaid project investment 
     costs, for the volume of water storage space described in 
     paragraph (1).
       (b) Requirement.--During the 2-year period beginning on the 
     effective date of execution of the contract amendment under 
     subsection (a), the Secretary shall--
       (1) provide the City of Bartlesville, Oklahoma, with the 
     right of first refusal to contract for the utilization of 
     storage space for water supply for any portion of the storage 
     space that was released by the Authority under subsection 
     (a); and
       (2) ensure that the City of Bartlesville, Oklahoma, shall 
     not pay more than 110 percent of the initial project 
     investment cost per acre-foot of storage for the acre-feet of 
     storage space sought under an agreement under paragraph (1).

     SEC. 339. ENHANCED DEVELOPMENT PROGRAM.

       The Secretary shall fully implement opportunities for 
     enhanced development at Oklahoma Lakes under the authorities 
     provided in section 3134 of the Water Resources Development 
     Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 
     of the Water Resources Development Act of 2020 (134 Stat. 
     2668).

     SEC. 340. ECOSYSTEM RESTORATION COORDINATION.

       (a) In General.--In carrying out the project for ecosystem 
     restoration, South Fork of the South Branch of the Chicago 
     River, Bubbly Creek, Illinois, authorized by section 401(5) 
     of the Water Resources Development Act of 2020 (134 Stat. 
     2740), the Secretary shall coordinate to the maximum extent 
     practicable with the Administrator of the Environmental 
     Protection Agency, State environmental agencies, and regional 
     coordinating bodies responsible for the remediation of 
     toxics.
       (b) Savings Provision.--Nothing in this section extends 
     liability to the Secretary for any remediation of toxics 
     present at the project site referred to in subsection (a) 
     prior to the date of authorization of that project.

     SEC. 341. ACEQUIAS IRRIGATION SYSTEMS.

       Section 1113 of the Water Resources Development Act of 1986 
     (100 Stat. 4232) is amended--
       (1) in subsection (b)--
       (A) by striking ``(b) Subject to section 903(a) of this 
     Act, the Secretary is authorized and directed to undertake'' 
     and inserting the following:
       ``(b) Authorization.--Subject to section 903(a), the 
     Secretary shall carry out''; and
       (B) by striking ``canals'' and all that follows through 
     ``25 percent.'' and inserting the following: ``channels 
     attendant to the operations of the community ditch and 
     Acequia systems in New Mexico that--
       ``(1) are declared to be a political subdivision of the 
     State; or
       ``(2) belong to a federally recognized Indian Tribe.'';
       (2) by redesignating subsection (c) as subsection (e);
       (3) by inserting after subsection (b) the following:
       ``(c) Inclusions.--The measures described in subsection (b) 
     shall, to the maximum extent practicable--
       ``(1) ensure greater resiliency of diversion structures, 
     including to flow variations, prolonged drought conditions, 
     invasive plant species, and threats from changing 
     hydrological and climatic conditions; or
       ``(2) support research, development, and training for 
     innovative management solutions, including those for 
     controlling invasive aquatic plants that affect Acequias.
       ``(d) Costs.--
       ``(1) Total cost.--The measures described in subsection (b) 
     shall be carried out at a total cost of $80,000,000.
       ``(2) Cost sharing.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the non-Federal share of the cost of carrying out the 
     measures described in subsection (b) shall be 25 percent.
       ``(B) Special rule.--In the case of a project benefitting 
     an economically disadvantaged community (as defined pursuant 
     to section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)), the Federal share 
     of the cost of carrying out the measures described in 
     subsection (b) shall be 90 percent.''; and
       (4) in subsection (e) (as so redesignated)--
       (A) in the first sentence--
       (i) by striking ``(e) The Secretary is further authorized 
     and directed to'' and inserting the following:
       ``(e) Public Entity Status.--
       ``(1) In general.--The Secretary shall''; and
       (ii) by inserting ``or belong to a federally recognized 
     Indian Tribe within the State of New Mexico'' after ``that 
     State''; and
       (B) in the second sentence, by striking ``This public 
     entity status will allow the officials of these Acequia 
     systems'' and inserting the following:
       ``(2) Effect.--The public entity status provided pursuant 
     to paragraph (1) shall allow the officials of the Acequia 
     systems described in that paragraph''.

[[Page S3570]]

  


     SEC. 342. ROGERS COUNTY, OKLAHOMA.

       (a) Conveyance.--The Secretary is authorized to convey to 
     the City of Tulsa-Rogers County Port Authority (referred to 
     in this section as the ``Port Authority''), for fair market 
     value, all right, title, and interest of the United States in 
     and to the Federal land described in subsection (b).
       (b) Federal Land Described.--
       (1) In general.--The Federal land to be conveyed under this 
     section is the approximately 176 acres of Federal land 
     located on the following 3 parcels in Rogers County, 
     Oklahoma:
       (A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 
     123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 
     (partial).
       (B) Parcel 2 includes U.S. tract 124 (partial) and U.S. 
     tract 128 (partial).
       (C) Parcel 3 includes U.S. tract 128 (partial).
       (2) Determination required.--
       (A) In general.--Subject to paragraph (1) and subparagraphs 
     (B), (C), and (D), the Secretary shall determine the exact 
     property description and acreage of the Federal land to be 
     conveyed under this section.
       (B) Requirement.--In making the determination under 
     subparagraph (A), the Secretary shall reserve from conveyance 
     such easements, rights-of-way, and other interests as the 
     Secretary determines to be necessary and appropriate to 
     ensure the continued operation of the McClellan-Kerr Arkansas 
     River navigation project, including New Graham Lock and Dam 
     18 as a part of that project, as authorized under the 
     comprehensive plan for the Arkansas River Basin by section 3 
     of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and 
     section 10 of the Flood Control Act of 1946 (60 Stat. 647, 
     chapter 596) and where applicable the provisions of the River 
     and Harbor Act of 1946 (60 Stat. 634, chapter 595) and 
     modified by section 108 of the Energy and Water Development 
     Appropriation Act, 1988 (Public Law 100-202; 101 Stat. 1329-
     112), and section 136 of the Energy and Water Development 
     Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 
     1842).
       (C) Obstructions to navigable capacity.--A conveyance under 
     this section shall not affect the jurisdiction of the 
     Secretary under section 10 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Act of 1899'') 
     (30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to 
     the Federal land conveyed.
       (D) Survey required.--The exact acreage and the legal 
     description of any Federal land conveyed under this section 
     shall be determined by a survey that is satisfactory to the 
     Secretary.
       (c) Applicability.--Section 2696 of title 10, United States 
     Code, shall not apply to the conveyance under this section.
       (d) Costs.--The Port Authority shall be responsible for all 
     reasonable and necessary costs, including real estate 
     transaction and environmental documentation costs, associated 
     with the conveyance.
       (e) Hold Harmless.--
       (1) In general.--The Port Authority shall hold the United 
     States harmless from any liability with respect to activities 
     carried out on or after the date of the conveyance under this 
     section on the Federal land conveyed.
       (2) Limitation.--The United States shall remain responsible 
     for any liability incurred with respect to activities carried 
     out before the date of the conveyance under this section on 
     the Federal land conveyed.
       (f) Additional Terms and Conditions.--The Secretary may 
     require that the 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.

     SEC. 343. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND 
                   REPLACEMENT COSTS.

       Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 
     390b(b)) is amended, in the fourth proviso, by striking the 
     second sentence and inserting the following: ``For Corps of 
     Engineers projects, all annual operation and maintenance 
     costs for municipal and industrial water supply storage under 
     this section shall be reimbursed from State or local 
     interests on an annual basis, and all repair, rehabilitation, 
     and replacement costs shall be reimbursed from State or local 
     interests (1) without interest, during construction of the 
     repair, rehabilitation, or replacement, (2) with interest, in 
     lump sum on the completion of the repair, rehabilitation, or 
     replacement, or (3) at the request of the State or local 
     interest, with interest, over a period of not more than 25 
     years beginning on the date of completion of the repair, 
     rehabilitation, or replacement, with repayment contracts 
     providing for recalculation of the interest rate at 5-year 
     intervals. At the request of the State or local interest, the 
     Secretary of the Army shall amend a repayment contract 
     entered into under this section on or before the date of 
     enactment of this sentence for the purpose of incorporating 
     the terms and conditions described in paragraph (3) of the 
     preceding sentence.''.

     SEC. 344. NON-FEDERAL PAYMENT FLEXIBILITY.

       Section 103(l) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(l)) is amended--
       (1) by striking the subsection designation and heading and 
     all that follows through ``At the request of'' in the first 
     sentence and inserting the following:
       ``(l) Delay of Payment.--
       ``(1) Initial payment.--At the request of''; and
       (2) by adding at the end the following:
       ``(2) Interest.--
       ``(A) In general.--At the request of any non-Federal 
     interest, the Secretary may waive the accrual of interest on 
     any non-Federal cash contribution under this section or 
     section 101 for a project for a period of not more than 1 
     year if the Secretary determines that--
       ``(i) the waiver will contribute to the ability of the non-
     Federal interest to make future contributions; and
       ``(ii) the non-Federal interest is in good standing under 
     terms agreed to under subsection (k)(1).
       ``(B) Limitations.--The Secretary may grant not more than 1 
     waiver under subparagraph (A) for the same project.''.

     SEC. 345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.

       The project for ecosystem restoration, North Padre Island, 
     Corpus Christi Bay, Texas, constructed by the Secretary prior 
     to the date of enactment of this Act under section 556 of the 
     Water Resources Development Act of 1999 (113 Stat. 353), 
     shall not be eligible for repair and restoration assistance 
     under section 5(a) of the Act of August 18, 1941 (commonly 
     known as the ``Flood Control Act of 1941'') (55 Stat. 650, 
     chapter 377; 33 U.S.C. 701n(a)).

     SEC. 346. 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 a court of competent jurisdiction rendered a 
     decision on a date that was at least 20 years before the date 
     of enactment of this Act awarding damages to a contractor 
     relating to the adjudication of claims arising from the 
     construction of general navigation features of a project 
     carried out under section 107 of the River and Harbor Act of 
     1960 (33 U.S.C. 577), notwithstanding the terms of the 
     Project Partnership Agreement, the Secretary shall waive 
     payment of the share of the non-Federal interest of such 
     damages, including attorney's fees, if the Secretary--
       (1) terminated construction of the project prior to 
     completion of all features; and
       (2) has not collected payment from the non-Federal interest 
     before the date of enactment of this Act.

     SEC. 347. ALGIERS CANAL LEVEES, LOUISIANA.

       In accordance with section 328 of the Water Resources 
     Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the 
     Secretary shall resume operation, maintenance, repair, 
     rehabilitation, and replacement of the Algiers Canal Levees, 
     Louisiana, at full Federal expense.

     SEC. 348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW 
                   HAMPSHIRE.

       Beginning on the date of enactment of this Act, the project 
     for flood control, Israel River, Lancaster, New Hampshire, 
     authorized by section 205 of the Flood Control Act of 1948 
     (33 U.S.C. 701s) is no longer authorized.

     SEC. 349. CITY OF EL DORADO, KANSAS.

       The Secretary shall amend Contract DACW56-72-C-0220, 
     between the United States and the City of El Dorado, Kansas, 
     entered into on June 30, 1972, for the utilization by the 
     City of storage space for water supply in El Dorado Lake, 
     Kansas, to change the method of calculation of the interest 
     charges that began accruing on June 30, 1991, on the 
     investment costs for the 72,087 acre-feet of future use 
     storage space, from compounding interest annually to charging 
     simple interest annually on the principal amount, until--
       (1) the City desires to convert the future use storage 
     space to present use; and
       (2) the principal amount plus the accumulated interest 
     becomes payable pursuant to the terms of the Contract.

     SEC. 350. UPPER MISSISSIPPI RIVER PROTECTION.

       Section 2010 of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by 
     adding at the end the following:
       ``(f) Limitation.--The Secretary shall not recommend 
     deauthorization of the Upper St. Anthony Falls Lock and Dam 
     unless the Secretary identifies a willing and capable non-
     Federal public entity to assume ownership of the lock and 
     dam.
       ``(g) Modification.--The Secretary is authorized to 
     investigate the feasibility of modifying the Upper St. 
     Anthony Falls Lock and Dam to add ecosystem restoration, 
     including the prevention and control of invasive species, as 
     an authorized purpose.''.

     SEC. 351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS CHRISTI, 
                   TEXAS.

       (a) In General.--At such time as new facilities are 
     available to the Corps of Engineers, and subject to this 
     section, the Secretary shall convey to the Port of Corpus 
     Christi Authority, by deed and without warranty, all right, 
     title, and interest of the United States in and to the 
     property described in subsection (c).
       (b) Consideration.--Consideration for the conveyance under 
     subsection (a) shall be determined by an appraisal, 
     satisfactory to the Secretary, of the market value of the 
     property conveyed.
       (c) Description of Property.--The property referred to in 
     subsection (a) is the land known as ``Tract 100'' and ``Tract 
     101'', including improvements on that land, in Corpus 
     Christi, Texas, and described as follows:
       (1) Tract 100.-- The 1.89 acres, more or less, as conveyed 
     by the Nueces County Navigation District No. 1 of Nueces 
     County, Texas, to the United States by instrument dated 
     October 16, 1928, and recorded at Volume 193, pages 1 and 2, 
     in the Deed Records of Nueces County, Texas.

[[Page S3571]]

       (2) Tract 101.--The 0.53 acres as conveyed by the City of 
     Corpus Christi, Nueces County, Texas, to the United States by 
     instrument dated September 24, 1971, and recorded at Volume 
     318, pages 523 and 524, in the Deed Records of Nueces County, 
     Texas.
       (3) Improvements.--
       (A) Main Building (RPUID AO-C-3516), constructed January 9, 
     1974.
       (B) Garage, vehicle with 5 bays (RPUID AO-C-3517), 
     constructed January 9, 1985.
       (C) Bulkhead, Upper (RPUID AO-C-2658), constructed January 
     1, 1941.
       (D) Bulkhead, Lower (RPUID AO-C-3520), constructed January 
     1, 1933.
       (E) Bulkhead Fence (RPUID AO-C-3521), constructed January 
     9, 1985.
       (F) Bulkhead Fence (RPUID AO-C-3522), constructed January 
     9, 1985.
       (d) Terms and Conditions.--
       (1) In general.--Before conveying the land described in 
     subsection (c) to the Port of Corpus Christi Authority, the 
     Secretary shall ensure that the conditions of buildings and 
     facilities meet applicable requirements under Federal law, as 
     determined by the Secretary.
       (2) Improvements.--Improvements to conditions of buildings 
     and facilities on the land described in subsection (c), if 
     any, shall be incorporated into the consideration required 
     under subsection (b).
       (3) Costs of conveyance.--In addition to the fair market 
     value for property rights conveyed, the Port of Corpus 
     Christi Authority shall be responsible for all reasonable and 
     necessary costs, including real estate transaction and 
     environmental documentation costs, associated with the 
     conveyance under subsection (a).

     SEC. 352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS 
                   OF ENGINEERS LAND.

       (a) Definitions.--In this section:
       (1) Authorized restoration services.--The term ``authorized 
     restoration services'' means similar and complementary 
     forest, rangeland, and watershed restoration services carried 
     out--
       (A) on Federal land; and
       (B) by the Secretary or Governor pursuant to a good 
     neighbor agreement.
       (2) Federal land.--
       (A) In general.--The term ``Federal land'' means land 
     within the State that is administered by the Corps of 
     Engineers.
       (B) Exclusions.--The term ``Federal land'' does not 
     include--
       (i) a component of the National Wilderness Preservation 
     System;
       (ii) Federal land on which the removal of vegetation is 
     prohibited or restricted by an Act of Congress or a 
     Presidential proclamation (including the applicable 
     implementation plan); or
       (iii) a wilderness study area.
       (3) Forest, rangeland, and watershed services.--
       (A) In general.--The term ``forest, rangeland, and 
     watershed restoration services'' means--
       (i) activities to treat insect-infected and disease-
     infected trees;
       (ii) activities to reduce hazardous fuels; and
       (iii) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (B) Exclusions.--The term ``forest, rangeland, and 
     watershed restoration services'' does not include--
       (i) construction, reconstruction, repair, or restoration of 
     paved or permanent roads or parking areas, other than the 
     reconstruction, repair, or restoration of a road that is 
     necessary to carry out authorized restoration services 
     pursuant to a good neighbor agreement; and
       (ii) construction, alteration, repair or replacement of 
     public buildings or public works.
       (4) Good neighbor agreement.--The term ``good neighbor 
     agreement'' means a cooperative agreement or contract 
     (including a sole source contract) entered into between the 
     Secretary and Governor under subsection (b)(1)(A) to carry 
     out authorized restoration services under this section.
       (5) Governor.--The term ``Governor'' means the Governor or 
     any other appropriate executive official of the State.
       (6) Road.--The term ``road'' has the meaning given the term 
     in section 212.1 of title 36, Code of Federal Regulations (as 
     in effect on February 7, 2014).
       (7) State.--The term ``State'' means the State of Idaho.
       (b) Good Neighbor Agreements.--
       (1) Good neighbor agreements.--
       (A) In general.--The Secretary may carry out a pilot 
     program to enter into good neighbor agreements with the 
     Governor to carry out authorized restoration services in the 
     State in accordance with this section.
       (B) Public availability.--The Secretary shall make each 
     good neighbor agreement available to the public.
       (C) Administrative costs.--The Governor shall provide, and 
     the Secretary may accept and expend, funds to cover the costs 
     of the Secretary to enter into and administer a good neighbor 
     agreement.
       (D) Termination.--The pilot program under subparagraph (A) 
     shall terminate on October 1, 2028.
       (2) Timber sales.--
       (A) Approval of silviculture prescriptions and marking 
     guides.--The Secretary shall provide or approve all 
     silviculture prescriptions and marking guides to be applied 
     on Federal land in all timber sale projects conducted under 
     this section.
       (B) Treatment of revenue.--Except as provided in 
     subparagraph (C), funds received from the sale of timber by 
     the Governor under a good neighbor agreement shall be 
     retained and used by the Governor to carry out authorized 
     restoration services under the good neighbor agreement.
       (C) Excess revenue.--
       (i) In general.--Any funds remaining after carrying out 
     subparagraph (B) that are in excess of the amount provided by 
     the Governor to the Secretary under paragraph (1)(C) shall be 
     returned to the Secretary.
       (ii) Applicability of certain provisions.--Funds returned 
     to the Secretary under clause (i) shall be subject to the 
     first part of section 5 of the Act of June 13, 1902 (commonly 
     known as the ``Rivers and Harbors Appropriations Act of 
     1902'') (32 Stat. 373, chapter 1079; 33 U.S.C. 558).
       (3) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     authorized restoration services to be provided under this 
     section on Federal land shall not be delegated to the 
     Governor.

     SEC. 353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, 
                   IOWA.

       (a) Project Modifications.--The project for flood risk 
     management and other purposes, Red Rock Dam and Lake, Des 
     Moines River, Iowa (referred to in this section as the ``Red 
     Rock Dam Project''), authorized by section 10 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 896, chapter 665), and the project for 
     flood risk management, Des Moines Local Flood Protection, Des 
     Moines River, Iowa (referred to in this section as ``Flood 
     Protection Project''), authorized by section 10 of that Act 
     (58 Stat. 896, chapter 665), shall be modified as follows, 
     subject to a new or amended agreement between the Secretary 
     and the non-Federal interest for the Flood Protection 
     Project, the City of Des Moines, Iowa (referred to in this 
     section as the ``City''), in accordance with section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
       (1) That portion of the Red Rock Dam Project consisting of 
     the segment of levee from Station 15+88.8W to Station 
     77+43.7W shall be transferred to the Flood Protection 
     Project.
       (2) The relocated levee improvement constructed by the 
     City, from Station 77+43.7W to approximately Station 20+00, 
     shall be included in the Flood Protection Project.
       (b) Federal Easement Conveyances.--
       (1) The Secretary is authorized to convey the following 
     easements, acquired by the Federal Government for the Red 
     Rock Dam Project, to the City to become part of the Flood 
     Protection Project in accordance with subsection (a):
       (A) Easements identified as Tracts 3215E-1, 3235E, and 
     3227E.
       (B) Easements identified as Partial Tracts 3216E-2, 3216E-
     3, 3217E-1, and 3217E-2.
       (2) On counter-execution of the new or amended agreement 
     pursuant to the Federal easement conveyances under paragraph 
     (1), the Secretary is authorized to convey the following 
     easements, by quitclaim deed, without consideration, acquired 
     by the Federal Government for the Red Rock Dam project, to 
     the City or to the Des Moines Metropolitan Wastewater 
     Reclamation Authority and no longer required for the Red Rock 
     Dam Project or for the Des Moines Local Flood Protection 
     Project:
       (A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 
     3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5.
       (B) Easements identified as Partial Tracts 3216E-2, 3216E-
     3, 3217E-1, and 3217E-2.
       (3) All real property interests conveyed under this 
     subsection shall be subject to the standard release of 
     easement disposal process. All administrative fees associated 
     with the transfer of the subject easements to the City or to 
     the Des Moines Metropolitan Wastewater Reclamation Authority 
     will be borne by the transferee.

     SEC. 354. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO 
                   BELEN, NEW MEXICO.

       In the case of the project for flood risk management, 
     Middle Rio Grande, Bernalillo to Belen, New Mexico, 
     authorized by section 401(2) of the Water Resources 
     Development Act of 2020 (134 Stat. 2735), the non-Federal 
     share of the cost of the project shall be the percentage 
     described in section 103(a)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(a)(2)) (as in effect 
     on the day before the date of enactment of the Water 
     Resources Development Act of 1996 (110 Stat. 3658)).

     SEC. 355. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.

       (a) In General.--Section 601(e)(5) of the Water Resources 
     Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is 
     amended by striking subparagraph (E) and inserting the 
     following:
       ``(E) Periodic monitoring.--
       ``(i) In general.--To ensure that the contributions of the 
     non-Federal sponsor equal 50 percent proportionate share for 
     projects in the Plan, during each period of 5 fiscal years, 
     beginning on October 1, 2022, the Secretary shall, for each 
     project--

       ``(I) monitor the non-Federal provision of cash, in-kind 
     services, and land; and
       ``(II) manage, to the maximum extent practicable, the 
     requirement of the non-Federal sponsor to provide cash, in-
     kind services, and land.

       ``(ii) Other monitoring.--The Secretary shall conduct 
     monitoring under clause (i)

[[Page S3572]]

     separately for the preconstruction engineering and design 
     phase and the construction phase for each project in the 
     Plan.
       ``(iii) Clarification.--Not later than 90 days after the 
     end of each fiscal year, the Secretary shall provide to the 
     non-Federal sponsor a financial accounting of non-Federal 
     contributions under clause (i)(I) for such fiscal year.
       ``(iv) Limitation.--As applicable, and after including 
     consideration of all expenditures and obligations incurred by 
     the non-Federal sponsor for land and in-kind services for an 
     authorized project for which a project partnership agreement 
     has not been executed, the Secretary shall only require a 
     cash contribution from the non-Federal sponsor to satisfy the 
     cost share requirements of this subsection on the last day of 
     each period of 5 fiscal years under clause (i).''.
       (b) Update.--The Secretary and the South Florida Water 
     Management District shall revise the Master Agreement for the 
     Comprehensive Everglades Restoration Plan, executed in 2009 
     pursuant to section 601 of the Water Resources Development 
     Act of 2000 (114 Stat. 2680), to reflect the amendment made 
     by subsection (a).

     SEC. 356. MAINTENANCE DREDGING PERMITS.

       (a) In General.--The Secretary shall, to the maximum extent 
     practicable and appropriate, prioritize the reissuance of any 
     regional general permit for maintenance dredging that expired 
     prior to May 1, 2021.
       (b) Savings Provision.--Nothing in this section affects, 
     preempts, or interferes with any obligation to comply with 
     the provisions of any Federal or State environmental 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. 357. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, 
                   WASHINGTON.

       In carrying out the project for ecosystem restoration, 
     Puget Sound, Washington, authorized by section 1401(4) of the 
     Water Resources Development Act of 2016 (130 Stat. 1713), the 
     Secretary shall consider the removal and replacement of the 
     Highway 101 causeway and bridges at the Duckabush River 
     Estuary site to be a project feature the costs of which are 
     shared as construction.

     SEC. 358. TRIBAL ASSISTANCE.

       (a) Clarification of Existing Authority.--
       (1) In general.--Subject to paragraph (2), the Secretary, 
     in consultation with the heads of relevant Federal agencies, 
     the Confederated Tribes of the Warm Springs Indian 
     Reservation of Oregon, the Confederated Tribes and Bands of 
     the Yakama Nation, Nez Perce Tribe, and the Confederated 
     Tribes of the Umatilla Indian Reservation, shall revise and 
     carry out the village development plan for Dalles Dam, 
     Columbia River, Washington and Oregon, as authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 179, 
     chapter 188) to address adverse impacts to Indian villages, 
     housing sites, and related structures as a result of the 
     construction of Bonneville Dam, McNary Dam, and John Day Dam, 
     Washington and Oregon.
       (2) Examination.--Before carrying out the requirements of 
     paragraph (1), the Secretary shall conduct an examination and 
     assessment of the extent to which Indian villages, housing 
     sites, and related structures were displaced or destroyed by 
     the construction of the following projects:
       (A) Bonneville Dam, Oregon, as authorized by the first 
     section of the Act of August 30, 1935 (49 Stat. 1038, chapter 
     831) and the first section and section 2(a) of the Act of 
     August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832, 
     832a(a)).
       (B) McNary Dam, Washington and Oregon, as authorized by 
     section 2 of the Act of March 2, 1945 (commonly known as the 
     ``River and Harbor Act of 1945'') (59 Stat. 22, chapter 19).
       (C) John Day Dam, Washington and Oregon, as authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 179, 
     chapter 188).
       (3) Requirements.--The village development plan under 
     paragraph (1) shall include, at a minimum--
       (A) an evaluation of sites on both sides of the Columbia 
     River;
       (B) an assessment of suitable Federal land and land owned 
     by the States of Washington and Oregon; and
       (C) an estimated cost and tentative schedule for the 
     construction of each housing development.
       (4) Location of assistance.--The Secretary may provide 
     housing and related assistance under this subsection at 1 or 
     more sites in the States of Washington and Oregon.
       (b) Provision of Assistance on Federal Land.--The Secretary 
     may construct housing or provide related assistance on land 
     owned by the United States under the village development plan 
     under subsection (a)(1).
       (c) Acquisition and Disposal of Land.--
       (1) In general.--Subject to subsection (d), the Secretary 
     may acquire land or interests in land for the purpose of 
     providing housing and related assistance under the village 
     development plan under subsection (a)(1).
       (2) Advance acquisition.--Acquisition of land or interests 
     in land under paragraph (1) may be carried out in advance of 
     completion of all required documentation and clearances for 
     the construction of housing or related improvements on the 
     land or on the interests in land.
       (3) Disposal of unsuitable land.--If the Secretary 
     determines that any land or interest in land acquired by the 
     Secretary under this section in advance of completion of all 
     required documentation for the construction of housing or 
     related improvements is unsuitable for that housing or for 
     those related improvements, the Secretary may--
       (A) dispose of the land or interest in land by sale; and
       (B) credit the proceeds to the appropriation, fund, or 
     account used to purchase the land or interest in land.
       (d) Limitation.--The Secretary shall only acquire land from 
     willing landowners in carrying out this section.
       (e) Conforming Amendment.--Section 1178(c) of the Water 
     Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 
     3781) is repealed.

     SEC. 359. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.

       (a) Definitions.--In this section:
       (1) Covered project.--The term ``covered project'' means 
     any of the following projects of the Corps of Engineers:
       (A) Ball Mountain Lake, Vermont.
       (B) Townshend Lake, Vermont.
       (2) Recreation.--The term ``recreation'' includes 
     downstream whitewater recreation that is dependent on 
     operations, recreational fishing, and boating at a covered 
     project.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary should--
       (1) ensure that, to the extent compatible with other 
     project purposes, each covered project is operated in such a 
     manner as to protect and enhance recreation associated with 
     the covered project; and
       (2) manage land at each covered project to improve 
     opportunities for recreation at the covered project.
       (c) Modification of Water Control Plans.--The Secretary may 
     modify, or undertake temporary deviations from, the water 
     control plan for a covered project in order to enhance 
     recreation, if the Secretary determines the modifications or 
     deviations--
       (1) will not adversely affect other authorized purposes of 
     the covered project; and
       (2) will not result in significant adverse impacts to the 
     environment.

     SEC. 360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   DAMS.

       Section 1177 of the Water Resources Development Act of 2016 
     (33 U.S.C. 467f-2 note; Public Law 114-322) is amended by 
     adding at the end the following:
       ``(g) Special Rule.--Notwithstanding subsection (c), the 
     non-Federal share of the cost to rehabilitate Waterbury Dam, 
     Washington County, Vermont, under this section, including the 
     cost of any required study, shall be the same share assigned 
     to the non-Federal interest for the cost of initial 
     construction of Waterbury Dam.''.

     SEC. 361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.

       Section 528(f)(1)(J) of the Water Resources Development Act 
     of 1996 (110 Stat. 3771) is amended--
       (1) by striking ``2 representatives'' and inserting ``3 
     representatives''; and
       (2) by inserting ``at least 1 of which shall be a 
     representative of the Florida Department of Environmental 
     Protection and at least 1 of which shall be a representative 
     of the Florida Fish and Wildlife Conservation Commission,'' 
     after ``Florida,''.

     SEC. 362. NEW MADRID COUNTY HARBOR, MISSOURI.

       Section 509(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is 
     amended by adding at the end the following:
       ``(18) Second harbor at New Madrid County Harbor, 
     Missouri.''.

     SEC. 363. TRINITY RIVER AND TRIBUTARIES, TEXAS.

       Section 1201(7) of the Water Resources Development Act of 
     2018 (132 Stat. 3802) is amended by inserting ``flood risk 
     management, and ecosystem restoration,'' after 
     ``navigation,''.

     SEC. 364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, 
                   ILLINOIS.

       (a) In General.--Not later than 90 days after the date on 
     which the Secretary receives a request from the Governor of 
     Illinois to terminate a contract described in subsection (c), 
     the Secretary shall amend the contract to release to the 
     United States all rights of the State of Illinois to utilize 
     water storage space in the reservoir project to which the 
     contract applies.
       (b) Relief of Certain Obligations.--On execution of an 
     amendment described in subsection (a), the State of Illinois 
     shall be relieved of the obligation to pay the percentage of 
     the annual operation and maintenance expense, the percentage 
     of major replacement cost, and the percentage of major 
     rehabilitation cost allocated to the water supply storage 
     specified in the contract for the reservoir project to which 
     the contract applies.
       (c) Contracts.--Subsection (a) applies to the following 
     contracts between the United States and the State of 
     Illinois:
       (1) Contract DACW43-88-C-0088, entered into on September 
     23, 1988, for utilization of storage space for water supply 
     in Rend Lake, Illinois.
       (2) Contract DA-23-065-CIVENG-65-493, entered into on April 
     28, 1965, for utilization of storage space for water supply 
     in Rend Lake, Illinois.
       (3) Contract DACW43-83-C-0008, entered into on July 6, 
     1983, for utilization of storage space in Carlyle Lake, 
     Illinois.

[[Page S3573]]

       (4) Contract DACW43-83-C-0009, entered into on July 6, 
     1983, for utilization of storage space in Lake Shelbyville, 
     Illinois.

     SEC. 365. FEDERAL ASSISTANCE.

       Section 1328(c) of the America's Water Infrastructure Act 
     of 2018 (132 Stat. 3826) is amended by striking ``4 years'' 
     and inserting ``8 years''.

     SEC. 366. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF 
                   OKLAHOMA.

       (a) Transfer.--
       (1) In general.--Subject to paragraph (2) and for the 
     consideration described in subsection (c), the Secretary 
     shall transfer to the Secretary of the Interior the land 
     described in subsection (b) to be held in trust for the 
     benefit of the Choctaw Nation.
       (2) Conditions.--The land transfer under this subsection 
     shall be subject to the following conditions:
       (A) The transfer--
       (i) shall not interfere with the operation by the Corps of 
     Engineers of the Sardis Lake Project or any other authorized 
     civil works project; and
       (ii) shall be subject to such other terms and conditions as 
     the Secretary determines to be necessary and appropriate to 
     ensure the continued operation of the Sardis Lake Project or 
     any other authorized civil works project.
       (B) The Secretary shall retain the right to inundate with 
     water the land transferred to the Choctaw Nation under this 
     subsection as necessary to carry out an authorized purpose of 
     the Sardis Lake Project or any other civil works project.
       (C) No gaming activities may be conducted on the land 
     transferred under this subsection.
       (b) Land Description.--
       (1) In general.--The land to be transferred pursuant to 
     subsection (a) is the approximately 247 acres of land located 
     in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of 
     T2N R19E, Pushmataha County, Oklahoma, generally depicted as 
     ``USACE'' on the map entitled ``Sardis Lake - Choctaw Nation 
     Proposal'' and dated February 22, 2022.
       (2) Survey.--The exact acreage and legal descriptions of 
     the land to be transferred under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary and the 
     Secretary of the Interior.
       (c) Consideration.--The Choctaw Nation shall pay--
       (1) to the Secretary an amount that is equal to the fair 
     market value of the land transferred under subsection (a), as 
     determined by the Secretary, which funds may be accepted and 
     expended by the Secretary; and
       (2) all costs and administrative expenses associated with 
     the transfer of land under subsection (a), including the 
     costs of--
       (A) the survey under subsection (b)(2);
       (B) compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (C) any coordination necessary with respect to requirements 
     related to endangered species, cultural resources, clean 
     water, and clean air.

     SEC. 367. LAKE BARKLEY, KENTUCKY, LAND CONVEYANCE.

       (a) In General.--The Secretary is authorized to convey to 
     the Eddyville Riverport Authority (referred to in this 
     section as the ``Authority''), for fair market value, all 
     right, title, and interest of the United States in and to 
     approximately 2.2 acres of land adjacent to the southwestern 
     boundary of the port facilities of the Authority at the 
     Barkley Dam and Lake Barkley, Kentucky, project, authorized 
     by the River and Harbor Act of 1946 (60 Stat. 636, Public Law 
     79-525).
       (b) Conditions.--
       (1) Quitclaim deed.--Any conveyance of land under this 
     section shall be by quitclaim deed.
       (2) Reservation of rights.--The Secretary shall reserve 
     from a conveyance of land under this section such easements, 
     rights-of-way, or other interests as the Secretary determines 
     to be necessary and appropriate to the ensure the continued 
     operation of the project described in subsection (a).
       (3) Terms and conditions.--The Secretary may subject any 
     conveyance under this section to such terms and conditions as 
     the Secretary determines necessary and advisable to protect 
     the United States.
       (c) Administrative Costs.--The Authority shall be 
     responsible for all reasonable and necessary costs, including 
     real estate transaction and environmental documentation 
     costs, associated with a conveyance under this section.
       (d) Waiver of Real Property Screening Requirements.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance of land under this section.

                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 or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. AK     Elim Subsistence    March 12,      Federal: $74,905,000
           Harbor              2021          Non-Federal: $1,896,000
                                             Total: $76,801,000
------------------------------------------------------------------------
2. CA     Port of Long Beach  October 14,    Federal: $73,533,500
           Deep Draft          2021; May     Non-Federal: $74,995,500
           Navigation, Los     31, 2022      Total: $148,529,000
           Angeles
------------------------------------------------------------------------
3. WA     Tacoma Harbor       May 26, 2022   Federal: $120,701,000
           Navigation                        Non-Federal: $174,627,000
           Improvement                       Total: $295,328,000
------------------------------------------------------------------------
4. NY,    New Jersey Harbor   June 3, 2022   Federal: $2,124,561,500
 NJ        Deepening Channel                 Non-Federal: $3,439,337,500
           Improvement                       Total: $5,563,899,000
------------------------------------------------------------------------

       (2) Flood risk management.--

[[Page S3574]]



 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. AL     Selma               October 7,     Federal: $15,533,100
                               2021          Non-Federal: $8,363,900
                                             Total: $23,897,000
------------------------------------------------------------------------
2. CA     Lower Cache Creek,  June 21, 2021  Federal: $215,152,000
           Yolo County,                      Non-Federal: $115,851,000
           Woodland, and                     Total: $331,003,000
           Vicinity
------------------------------------------------------------------------
3. OR     Portland Metro      August 20,     Federal: $77,111,100
           Levee System        2021          Non-Federal: $41,521,300
                                             Total: $118,632,400
------------------------------------------------------------------------
4. NE     Papillion Creek     January 24,    Federal: $91,491,400
           and Tributaries     2022          Non-Federal: $52,156,300
           Lakes                             Total: $143,647,700
------------------------------------------------------------------------
5. AL     Valley Creek,       October 29,    Federal: $17,725,000
           Bessemer and        2021          Non-Federal: $9,586,000
           Birmingham                        Total: $27,311,000
------------------------------------------------------------------------
6. PR     Rio Guanajibo       May 24, 2022   Federal: $110,974,500
                                             Non-Federal: $59,755,500
                                             Total: $170,730,000
------------------------------------------------------------------------

       (3) Hurricane and storm damage risk reduction.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CT     Fairfield and New   January 19,    Federal: $92,937,000
           Haven Counties      2021          Non-Federal: $50,043,000
                                             Total: $142,980,000
------------------------------------------------------------------------
2. PR     San Juan Metro      September 16,  Federal: $245,418,000
                               2021          Non-Federal: $131,333,000
                                             Total: $376,751,000
------------------------------------------------------------------------
3. FL     Florida Keys,       September 24,  Federal: $1,513,531,000
           Monroe County       2021          Non-Federal: $814,978,000
                                             Total: $2,328,509,000
------------------------------------------------------------------------
4. FL     Okaloosa County     October 7,     Initial Federal:
                               2021           $19,822,000
                                             Initial Non-Federal:
                                              $11,535,000
                                             Initial Total: $31,357,000
                                             Renourishment Federal:
                                              $71,045,000
                                             Renourishment Non-Federal:
                                              $73,787,000
                                             Renourishment Total:
                                              $144,832,000
------------------------------------------------------------------------

[[Page S3575]]

 
5. SC     Folly Beach         October 26,    Initial Federal:
                               2021           $45,490,000
                                             Initial Non-Federal:
                                              $5,054,000
                                             Initial Total: $50,544,000
                                             Renourishment Federal:
                                              $164,424,000
                                             Renourishment Non-Federal:
                                              $26,767,000
                                             Renourishment Total:
                                              $191,191,000
------------------------------------------------------------------------
6. FL     Pinellas County     October 29,    Initial Federal: $8,627,000
                               2021          Initial Non-Federal:
                                              $5,332,000
                                             Initial Total: $13,959,000
                                             Renourishment Federal:
                                              $92,000,000
                                             Renourishment Non-Federal:
                                              $101,690,000
                                             Renourishment Total:
                                              $193,690,000
------------------------------------------------------------------------
7. NY     South Shore of      October 27,    Federal: $371,310,000
           Staten Island,      2016          Non-Federal: $199,940,000
           Fort Wadsworth to                 Total: $571,250,000
           Oakwood Beach
------------------------------------------------------------------------
8. LA     Upper Barataria     January 28,    Federal: $1,005,001,000
           Basin               2022          Non-Federal: $541,155,000
                                             Total: $1,546,156,000
------------------------------------------------------------------------
9. LA     South Central       June 23, 2022  Federal: $594,600,000
           Coast, St.                        Non-Federal: $320,169,000
           Martin, St. Mary,                 Total: $914,769,000
           and Iberia
           Parishes
------------------------------------------------------------------------

       (4) Hurricane and storm damage reduction and ecosystem 
     restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. TX     Coastal Texas       September 16,  Federal: $19,237,894,000
           Protection and      2021          Non-Federal:
           Restoration                        $11,668,393,000
           Feasibility Study                 Total: $30,906,287,000
------------------------------------------------------------------------

       (5) Ecosystem restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CA     Prado Basin         April 22,      Federal: $33,976,000
           Ecosystem           2021          Non-Federal: $18,294,000
           Restoration, San                  Total: $52,270,000
           Bernardino,
           Riverside and
           Orange Counties
------------------------------------------------------------------------
2. KY     Three Forks of      May 24, 2022   Federal: $72,138,000
           Beargrass Creek                   Non-Federal: $48,998,000
                                             Total: $121,135,000
------------------------------------------------------------------------

       (6) Modifications and other projects.--

[[Page S3576]]



 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. LA     Lake Pontchartrain  December 16,   Federal: $807,000,000
           and Vicinity        2021          Non-Federal: $434,000,000
                                             Total: $1,241,000,000
------------------------------------------------------------------------
2. LA     West Bank and       December 17,   Federal: $431,000,000
           Vicinity            2021          Non-Federal: $232,000,000
                                             Total: $663,000,000
------------------------------------------------------------------------
3. GA     Brunswick Harbor,   March 11,      Federal: $10,774,500
           Glynn County        2022          Non-Federal: $3,594,500
                                             Total: $14,369,000
------------------------------------------------------------------------
4. DC     Washington, DC and  July 22, 2021  Federal: $17,740,000
           Vicinity                          Non-Federal: $0
                                             Total: $17,740,000
------------------------------------------------------------------------
5. MI     Soo Locks, Sault    June 6, 2022   Federal: $2,932,116,000
           Ste. Marie                        Non-Federal: $0
                                             Total: $2,932,116,000
------------------------------------------------------------------------
6. WA     Howard A. Hanson    May 19, 2022   Federal: $815,207,000
           Dam Additional                    Non-Federal: $39,979,000
           Water Storage                     Total: $855,185,000
------------------------------------------------------------------------
7. MO     Critical            January 13,    Federal: $5,956,404
           Infrastructure      2020          Non-Federal: $0
           Cyber Security -                  Total: $5,956,404
           Mandatory Center
           of Expertise Lab
           and Office
           Facility
------------------------------------------------------------------------
8. FL     Central and         May 31, 2022   Federal: $2,500,686,000
           Southern Florida,                 Non-Federal: $2,500,686,000
           Indian River                      Total: $5,001,372,000
           Lagoon
------------------------------------------------------------------------

     SEC. 402. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL 
                   EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.

       (a) In General.--The Secretary shall establish a program to 
     carry out structural and nonstructural projects for storm 
     damage prevention and reduction, coastal erosion, and ice and 
     glacial damage in the State of Alaska, including--
       (1) relocation of affected communities; and
       (2) construction of replacement facilities.
       (b) Cost Share.--The non-Federal interest shall share in 
     the cost to study, design, and construct a project carried 
     out under this section in accordance with sections 103 and 
     105 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2213, 2215), except that, in the case of a project 
     benefitting an economically disadvantaged community (as 
     defined pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260)), the non-Federal share shall be 10 percent.
       (c) Repeal.--Section 116 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (123 Stat. 2851), is repealed.
       (d) Treatment.--The program authorized by subsection (a) 
     shall be considered a continuation of the program authorized 
     by section 116 of the Energy and Water Development and 
     Related Agencies Appropriations Act, 2010 (123 Stat. 2851) 
     (as in effect on the day before the date of enactment of this 
     Act).

     SEC. 403. EXPEDITED COMPLETION OF PROJECTS.

       The Secretary shall expedite completion of the following 
     projects:
       (1) Project for flood risk management, Cumberland, 
     Maryland, restoration and rewatering of the Chesapeake and 
     Ohio Canal, authorized by section 580 of the Water Resources 
     Development Act of 1999 (113 Stat. 375).
       (2) Project for flood risk management, Tulsa and West-Tulsa 
     Levee System, Tulsa County, Oklahoma, authorized by section 
     401(2) of the Water Resources Development Act of 2020 (134 
     Stat. 2735).
       (3) Project for flood risk management, Little Colorado 
     River at Winslow, Navajo County, Arizona, authorized by 
     section 401(2) of the Water Resources Development Act of 2020 
     (134 Stat. 2735).
       (4) Project for flood risk management, Rio De Flag, 
     Flagstaff, Arizona, authorized by section 101(b)(3) of the 
     Water Resources Development Act of 2000 (114 Stat. 2576).
       (5) Project for flood risk management, Rose and Palm Garden 
     Washes, Arizona, authorized by section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s).
       (6) Project for ecosystem restoration, El Corazon, Arizona, 
     authorized by section 206 of the Water Resources Development 
     Act of 1996 (33 U.S.C. 2330).
       (7) Projects for ecosystem restoration, Chesapeake Bay 
     Comprehensive Water Resources and Restoration Plan, 
     Chesapeake Bay Environmental Restoration and Protection 
     Program, authorized by section 510 of the Water Resources 
     Development Act of 1996 (110 Stat. 3759).
       (8) Projects authorized under section 219 of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
     3757; 113 Stat. 334; 121 Stat. 1258).
       (9) Projects authorized under section 8004 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 652 note; Public 
     Law 110-114).
       (10) Projects authorized under section 519 of the Water 
     Resources Development Act of 2000 (114 Stat. 2653).
       (11) Project for flood risk management, Lower Santa Cruz 
     River, Arizona, authorized by section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s).
       (12) Project for flood risk management, McCormick Wash, 
     Arizona, authorized by section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s).
       (13) Project for navigation, including maintenance and 
     channel deepening, McClellan-Kerr Arkansas River Navigation 
     System.
       (14) Project for dam safety modifications, Bluestone Dam, 
     West Virginia.

[[Page S3577]]

       (15) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Branford Harbor and Branford River, Branford, 
     Connecticut, authorized by the first section of the Act of 
     June 13, 1902 (32 Stat. 333, chapter 1079).
       (16) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Guilford Harbor and Sluice Channel, Connecticut.
       (17) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Milford Harbor, Connecticut.
       (18) Assistance for ecosystem restoration, Lower 
     Yellowstone Intake Diversion Dam, Montana, authorized by 
     section 3109 of the Water Resources Development Act of 2007 
     (121 Stat. 1135).
       (19) Project for mitigation of shore damage from navigation 
     works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 
     of the River and Harbor Act of 1968 (33 U.S.C. 426i).
       (20) Project for ecosystem restoration, Lower Blackstone 
     River, Rhode Island, pursuant to section 206 of the Water 
     Resources Development Act of 1996 (33 U.S.C. 2330).
       (21) Project for navigation, Kentucky Lock Addition, 
     Kentucky.
       (22) Maintenance dredging of the Federal channel for the 
     project for navigation, Columbia, Snake, and Clearwater 
     Rivers, Oregon, Washington, and Idaho, authorized by section 
     2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at 
     the Port of Clarkston, Washington, and the Port of Lewiston, 
     Idaho.
       (23) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Portsmouth Back Channels and Sagamore Creek, 
     Portsmouth, New Castle, and Rye, New Hampshire, authorized by 
     section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
     577).
       (24) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Portsmouth Harbor and Piscataqua River, 
     Portsmouth, New Castle, and Newington, New Hampshire, and 
     Kittery and Elliot, Maine, authorized by section 101 of the 
     River and Harbor Act of 1962 (76 Stat. 1173).

     SEC. 404. SPECIAL RULES.

       (a) The following conditions apply to the project described 
     in section 403(19):
       (1) The project is authorized to be carried out under 
     section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
     426i) at a Federal cost of $45,000,000.
       (2) The project may include Federal participation in 
     periodic nourishment.
       (3) For purposes of subsection (b) of section 111 of the 
     River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary 
     shall determine that the navigation works to which the shore 
     damages are attributable were constructed at full Federal 
     expense.
       (b) The following conditions apply to the project described 
     in section 403(20):
       (1) The project is authorized to be carried out under 
     section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) at a Federal cost of $15,000,000.
       (2) If the Secretary includes in the project a measure on 
     Federal land under the jurisdiction of another Federal 
     agency, the Secretary may enter into an agreement with the 
     Federal agency that provides for the Secretary--
       (A) to construct the measure; and
       (B) to operate and maintain the measure using funds 
     provided to the Secretary by the non-Federal interest for the 
     project.
       (3) If the Secretary includes in the project a measure for 
     fish passage at a dam licensed for hydropower, the Secretary 
     shall include in the project costs all costs for the measure, 
     except that those costs that are in excess of the costs to 
     provide fish passage at the dam if hydropower improvements 
     were not in place shall be a 100 percent non-Federal expense.

     SEC. 405. CHATTAHOOCHEE RIVER PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     provide environmental assistance to non-Federal interests in 
     the Chattahoochee River Basin.
       (2) Form.--The assistance under paragraph (1) shall be in 
     the form of design and construction assistance for water-
     related resource protection and restoration projects 
     affecting the Chattahoochee River Basin, based on the 
     comprehensive plan under subsection (b), including projects 
     for--
       (A) sediment and erosion control;
       (B) protection of eroding shorelines;
       (C) ecosystem restoration, including restoration of 
     submerged aquatic vegetation;
       (D) protection of essential public works;
       (E) beneficial uses of dredged material; and
       (F) other related projects that may enhance the living 
     resources of the Chattahoochee River Basin.
       (b) Comprehensive Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     State and local governmental officials and affected 
     stakeholders, shall develop a comprehensive Chattahoochee 
     River Basin restoration plan to guide the implementation of 
     projects under subsection (a)(2).
       (2) Coordination.--The restoration plan described in 
     paragraph (1) shall, to the maximum extent practicable, 
     consider and avoid duplication of any ongoing or planned 
     actions of other Federal, State, and local agencies and 
     nongovernmental organizations.
       (3) Prioritization.--The restoration plan described in 
     paragraph (1) shall give priority to projects eligible under 
     subsection (a)(2) that will also improve water quality or 
     quantity or use natural hydrological features and systems.
       (c) Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into an agreement with a 
     non-Federal interest for the design and construction of a 
     project carried out pursuant to the comprehensive 
     Chattahoochee River Basin restoration plan described in 
     subsection (b).
       (2) Requirements.--Each agreement entered into under this 
     subsection shall provide for--
       (A) the development by the Secretary, in consultation with 
     appropriate Federal, State, and local officials, of a 
     resource protection and restoration plan, including 
     appropriate engineering plans and specifications and an 
     estimate of expected resource benefits; and
       (B) the establishment of such legal and institutional 
     structures as are necessary to ensure the effective long-term 
     operation and maintenance of the project by the non-Federal 
     interest.
       (d) Cost Sharing.--
       (1) Federal share.--Except as provided in paragraph (2)(B), 
     the Federal share of the total project costs of each 
     agreement entered into under this section shall be 75 
     percent.
       (2) Non-federal share.--
       (A) Value of land, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out an agreement entered into under this 
     section, the Secretary shall provide credit to a non-Federal 
     interest for the value of land, easements, rights-of-way, and 
     relocations provided by the non-Federal interest, except that 
     the amount of credit provided for a project under this 
     paragraph may not exceed 25 percent of the total project 
     costs.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of activities 
     carried out under an agreement under this section shall be 
     100 percent.
       (e) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate with--
       (1) the heads of appropriate Federal agencies, including--
       (A) the Administrator of the Environmental Protection 
     Agency;
       (B) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (C) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (D) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate; and
       (2) agencies of a State or political subdivision of a 
     State.
       (f) Protection of Resources.--A project established under 
     this section shall be carried out using such measures as are 
     necessary to protect environmental, historic, and cultural 
     resources.
       (g) Project Cap.--The total cost of a project carried out 
     under this section may not exceed $15,000,000.
       (h) Savings Provision.--Nothing in this section--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $90,000,000.

     SEC. 406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION 
                   PROGRAM.

       (a) Definition.--In this section, the term ``Lower 
     Mississippi River Basin'' means the portion of the 
     Mississippi River that begins at the confluence of the Ohio 
     River and flows to the Gulf of Mexico, and its tributaries 
     and distributaries.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     provide assistance to non-Federal interests in the Lower 
     Mississippi River Basin.
       (2) Form.--
       (A) In general.--The assistance under paragraph (1) shall 
     be in the form of design and construction assistance for 
     flood or coastal storm risk management or aquatic ecosystem 
     restoration projects in the Lower Mississippi River Basin, 
     based on the comprehensive plan under subsection (c).
       (B) Assistance.--Projects under subparagraph (A) may 
     include measures for--
       (i) sediment control;
       (ii) protection of eroding riverbanks and streambanks and 
     shorelines;
       (iii) channel modifications;
       (iv) beneficial uses of dredged material; or
       (v) other related projects that may enhance the living 
     resources of the Lower Mississippi River Basin.
       (c) Comprehensive Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     State and local governmental officials and affected 
     stakeholders, shall develop a comprehensive Lower Mississippi 
     River Basin plan to guide the implementation of projects 
     under subsection (b)(2).

[[Page S3578]]

       (2) Coordination.--The plan described in paragraph (1) 
     shall, to the maximum extent practicable, consider and avoid 
     duplication of any ongoing or planned actions of other 
     Federal, State, and local agencies and nongovernmental 
     organizations.
       (3) Prioritization.--To the maximum extent practicable, the 
     plan described in paragraph (1) shall give priority to 
     projects eligible under subsection (b)(2) that will also 
     improve water quality, reduce hypoxia in the Lower 
     Mississippi River or Gulf of Mexico, or use a combination of 
     structural and nonstructural measures.
       (d) Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into an agreement with a 
     non-Federal interest for the design and construction of a 
     project carried out pursuant to the comprehensive Lower 
     Mississippi River Basin plan described in subsection (c).
       (2) Requirements.--Each agreement entered into under this 
     subsection shall provide for the establishment of such legal 
     and institutional structures as are necessary to ensure the 
     effective long-term operation and maintenance of the project 
     by the non-Federal interest.
       (e) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost to design 
     and construct a project under each agreement entered into 
     under this section shall be 75 percent.
       (2) Non-federal share.--
       (A) Value of land, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out an agreement entered into under this 
     section, the Secretary shall provide credit to a non-Federal 
     interest for the value of land, easements, rights-of-way, and 
     relocations provided by the non-Federal interest, except that 
     the amount of credit provided for a project under this 
     paragraph may not exceed 25 percent of the cost to design and 
     construct the project.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of activities 
     carried out under an agreement under this section shall be 
     100 percent.
       (f) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate with--
       (1) the heads of appropriate Federal agencies, including--
       (A) the Secretary of Agriculture;
       (B) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (C) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate; and
       (2) agencies of a State or political subdivision of a 
     State.
       (g) Project Cap.--The total cost of a project carried out 
     under this section may not exceed $15,000,000.
       (h) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes the results 
     of the program under this section, including a recommendation 
     on whether the program should be reauthorized.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $90,000,000.

     SEC. 407. FORECAST-INFORMED RESERVOIR OPERATIONS.

       (a) In General.--The Secretary is authorized to carry out a 
     research study pilot program at 1 or more dams owned and 
     operated by the Secretary in the North Atlantic Division of 
     the Corps of Engineers to assess the viability of forecast-
     informed reservoir operations in the eastern United States.
       (b) Report.--Not later than 1 year after completion of the 
     research study pilot program under subsection (a), 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 results of the study pilot program.

     SEC. 408. MISSISSIPPI RIVER MAT SINKING UNIT.

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

     SEC. 409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.

       It is the sense of Congress that--
       (1) there is significant shoreline sloughing and erosion at 
     the Okatibbee Lake portion of the project for flood 
     protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, 
     Mississippi, authorized by section 203 of the Flood Control 
     Act of 1962 (76 Stat. 1183), which has the potential to 
     impact infrastructure, damage property, and put lives at 
     risk; and
       (2) addressing shoreline sloughing and erosion at a project 
     of the Secretary, including at a location leased by non-
     Federal entities such as Okatibbee Lake, is an activity that 
     is eligible to be carried out by the Secretary as part of the 
     operation and maintenance of the project.
                                 ______
                                 
  SA 5141. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 
4346, making appropriations for Legislative Branch for the fiscal year 
ending September 30, 2022, and for other purposes; which was ordered to 
lie on the table; as follows:

        Beginning on page 41, strike line 19 and all that follows 
     through line 7 on page 47, and insert the following:
       ``(C) Required agreement.--
       ``(i) In general.--On or before the date on which the 
     Secretary awards Federal financial assistance to a covered 
     entity under this section, the covered entity shall enter 
     into an agreement with the Secretary specifying that, 
     beginning on the date of the award and continuing in 
     perpetuity, the covered entity--

       ``(I) may not engage in any transaction involving any 
     expansion of semiconductor manufacturing capacity in the 
     People's Republic of China or any other foreign country of 
     concern;
       ``(II) may not cooperate with the government of the 
     People's Republic of China; and
       ``(III) will immediately withdraw all operations in the 
     People's Republic of China in the event of an invasion of 
     Taiwan by the People's Republic of China.

       ``(ii) Study.--Before the date on which the Secretary 
     awards Federal financial assistance to a covered entity under 
     this section, the Secretary shall--

       ``(I) conduct an ROI analysis of the proposed assistance 
     that shows that the assistance will result in a net positive 
     financial return for taxpayers, such that the forecasted 
     revenue collections by the Treasury generated as a direct 
     result of the assistance exceed the amount of the proposed 
     assistance by the date that is 10 years after the date of the 
     award of the assistance;
       ``(II) certify to Congress that the analysis required under 
     subclause (I) has been conducted;
       ``(III) certify to Congress that the Secretary has 
     determined that the covered entity will be able to repay any 
     Federal financial assistance in the event that the covered 
     entity breaches the required agreement with the Secretary 
     under clause (i) and the Secretary recovers the Federal 
     financial assistance under subparagraph (E)(iii); and
       ``(IV) make the analysis required under subclause (I) 
     publicly available.

       ``(iii) Affiliated group.--For the purpose of applying the 
     requirements in an agreement required under clause (i), a 
     covered entity shall include the covered entity receiving 
     financial assistance under this section, as well as any 
     member of the covered entity's affiliated group under section 
     1504(a) of the Internal Revenue Code of 1986, without regard 
     to section 1504(b)(3) of such Code.
       ``(iv) Analysis.--

       ``(I) In general.--On the date that is 10 years after the 
     date on which the Secretary awards Federal financial 
     assistance under this section to a covered entity, the 
     Secretary shall conduct an analysis to determine whether the 
     revenue collections by the Treasury generated as a direct 
     result of the Federal financial assistance exceeded the 
     amount of the Federal financial assistance.
       ``(II) Recovery.--If the Secretary makes a negative 
     determination under subclause (I), the Secretary shall 
     recover from the covered entity the difference between the 
     amount of the Federal financial assistance granted to the 
     covered entity under this section and the revenue collections 
     by the Treasury generated as a direct result of the Federal 
     financial assistance.

       ``(D) Notification requirements.--During the applicable 
     term of the agreement of a covered entity required under 
     subparagraph (C)(i), the covered entity shall notify the 
     Secretary of any planned transaction of the covered entity 
     involving any expansion of semiconductor manufacturing 
     capacity in the People's Republic of China or any other 
     foreign country of concern.
       ``(E) Violation of agreement.--
       ``(i) Notification to covered entities.--Not later than 90 
     days after the date of receipt of a notification described in 
     subparagraph (D) from a covered entity, the Secretary, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall--

       ``(I) determine whether the transaction described in the 
     notification would be a violation of the agreement of the 
     covered entity required under subparagraph (C)(i); and
       ``(II) notify the covered entity of the Secretary's 
     decision under subclause (I).

       ``(ii) Opportunity to remedy.--Upon a notification under 
     clause (i)(II) that a planned transaction of a covered entity 
     is a violation of the agreement of the covered entity 
     required under subparagraph (C)(i), the Secretary shall--

       ``(I) immediately request from the covered entity tangible 
     proof that the planned transaction has ceased or been 
     abandoned; and
       ``(II) provide the covered entity 45 days to produce and 
     provide to the Secretary the tangible proof described in 
     subclause (I).

       ``(iii) Failure by the covered entity to cease or remedy 
     the activity.--Subject to clause (iv), if a covered entity 
     fails to remedy a violation as set forth under clause (ii), 
     the Secretary shall recover the full amount of the Federal 
     financial assistance provided to the covered entity under 
     this section.
       ``(F) Submission of records.--
       ``(i) In general.--The Secretary may request from a covered 
     entity records and other necessary information to review the 
     compliance of the covered entity with the agreement required 
     under subparagraph (C)(i).
       ``(ii) Eligibility.--In order to be eligible for Federal 
     financial assistance under this

[[Page S3579]]

     section, a covered entity shall agree to provide records and 
     other necessary information requested by the Secretary under 
     clause (i).
       ``(G) Public availability of agreements.--The Secretary 
     shall make publicly available any agreement entered into 
     between a covered entity and the Secretary under subparagraph 
     (C)(i).
                                 ______
                                 
  SA 5142. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 
4346, making appropriations for Legislative Branch for the fiscal year 
ending September 30, 2022, and for other purposes; which was ordered to 
lie on the table; as follows:

        On page 821, between lines 19 and 20, insert the 
     following:

     SEC. 10638. PROHIBITION ON PROCUREMENT OF SEMICONDUCTORS FROM 
                   CHINA.

       Effective on the date that is 5 years after the date of 
     enactment of this Act, the Federal Government may not procure 
     any semiconductor manufactured in China.
                                 ______
                                 
  SA 5143. Mr. SCHUMER (for Mr. Johnson) proposed an amendment to the 
resolution S. Res. 694, expressing support for the designation of July 
2022 as ``National Sarcoma Awareness Month''; as follows:

       In paragraph (2) of the second whereas clause of the 
     preamble, strike ``7,000'' and insert ``7,200''.
       In paragraph (3) of the second whereas clause of the 
     preamble, strike ``any 1 time'' and insert ``any given 
     time''.
       In the third whereas clause of the preamble, strike ``20'' 
     and insert ``15''.

                          ____________________