[Congressional Record Volume 168, Number 120 (Wednesday, July 20, 2022)]
[Senate]
[Pages S3552-S3578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
______