[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5089-S5113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2879. Mr. CARPER (for himself and Mrs. Capito) submitted an
amendment intended to be proposed by him
[[Page S5090]]
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--THOMAS R. CARPER WATER RESOURCES DEVELOPMENT ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Thomas R. Carper Water
Resources Development Act of 2024''.
SEC. 5002. DEFINITION OF SECRETARY.
In this division, the term ``Secretary'' means the
Secretary of the Army.
TITLE LI--GENERAL PROVISIONS
SEC. 5101. NOTICE TO CONGRESS REGARDING WRDA IMPLEMENTATION.
(a) Plan of Implementation.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop a plan for
implementing this division and the amendments made by this
division.
(2) Requirements.--In developing the plan under paragraph
(1), the Secretary shall--
(A) identify each provision of this division (or an
amendment made by this division) that will require--
(i) the development and issuance of guidance, including
whether that guidance will be significant guidance;
(ii) the development and issuance of a rule; or
(iii) appropriations;
(B) develop timelines for the issuance of--
(i) any guidance described in subparagraph (A)(i); and
(ii) each rule described in subparagraph (A)(ii); and
(C) establish a process to disseminate information about
this division and the amendments made by this division to
each District and Division Office of the Corps of Engineers.
(3) Transmittal.--On completion of the plan under paragraph
(1), the Secretary shall transmit the plan to--
(A) the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Implementation of Prior Water Resources Development
Laws.--
(1) Definition of prior water resources development law.--
In this subsection, the term ``prior water resources
development law'' means each of the following (including the
amendments made by any of the following):
(A) The Water Resources Development Act of 2000 (Public Law
106-541; 114 Stat. 2572).
(B) The Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1041).
(C) The Water Resources Reform and Development Act of 2014
(Public Law 113-121; 128 Stat. 1193).
(D) The Water Infrastructure Improvements for the Nation
Act (Public Law 114-322; 130 Stat. 1628).
(E) The America's Water Infrastructure Act of 2018 (Public
Law 115-270; 132 Stat. 3765).
(F) Division AA of the Consolidated Appropriations Act,
2021 (Public Law 116-260; 134 Stat. 2615).
(G) Title LXXXI of division H of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 3691).
(2) Notice.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a written notice of the status of
efforts by the Secretary to implement the prior water
resources development laws.
(B) Contents.--
(i) In general.--As part of the notice under subparagraph
(A), the Secretary shall include a list describing each
provision of a prior water resources development law that has
not been fully implemented as of the date of submission of
the notice.
(ii) Additional information.--For each provision included
on the list under clause (i), the Secretary shall--
(I) establish a timeline for implementing the provision;
(II) provide a description of the status of the provision
in the implementation process; and
(III) provide an explanation for the delay in implementing
the provision.
(3) Briefings.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, and every 90 days thereafter until the
Chairs of the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives determine that
this division, the amendments made by this division, and
prior water resources development laws are fully implemented,
the Secretary shall provide to relevant congressional
committees a briefing on the implementation of this division,
the amendments made by this division, and prior water
resources development laws.
(B) Inclusions.--A briefing under subparagraph (A) shall
include--
(i) updates to the implementation plan under subsection
(a); and
(ii) updates to the written notice under paragraph (2).
(c) Additional Notice Pending Issuance.--Not later than 30
days before issuing any guidance, rule, notice in the Federal
Register, or other documentation required to implement this
division, an amendment made by this division, or a prior
water resources development law (as defined in subsection
(b)(1)), 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 written notice regarding the pending
issuance.
(d) Wrda Implementation Team.--
(1) Definitions.--In this subsection:
(A) Prior water resources development law.--The term
``prior water resources development law'' has the meaning
given the term in subsection (b)(1).
(B) Team.--The term ``team'' means the Water Resources
Development Act implementation team established under
paragraph (2).
(2) Establishment.--The Secretary shall establish a Water
Resources Development Act implementation team that shall
consist of current employees of the Federal Government,
including--
(A) not fewer than 2 employees in the Office of the
Assistant Secretary of the Army for Civil Works;
(B) not fewer than 2 employees at the headquarters of the
Corps of Engineers; and
(C) a representative of each district and division of the
Corps of Engineers.
(3) Duties.--The team shall be responsible for assisting
with the implementation of this division, the amendments made
by this division, and prior water resources development laws,
including--
(A) performing ongoing outreach to--
(i) Congress; and
(ii) employees and servicemembers stationed in districts
and divisions of the Corps of Engineers to ensure that all
Corps of Engineers employees are aware of and implementing
provisions of this division, the amendments made by this
division, and prior water resources development laws, in a
manner consistent with congressional intent;
(B) identifying any issues with implementation of a
provision of this division, the amendments made by this
division, and prior water resources development laws at the
district, division, or national level;
(C) resolving the issues identified under subparagraph (B),
in consultation with Corps of Engineers leadership and the
Secretary; and
(D) ensuring that any interpretation developed as a result
of the process under subparagraph (C) is consistent with
congressional intent for this division, the amendments made
by this division, and prior water resources development laws.
SEC. 5102. PRIOR GUIDANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall issue the guidance required pursuant
to each of the following provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(2) Section 8136 of the Water Resources Development Act of
2022 (10 U.S.C. 2667 note; Public Law 117-263).
SEC. 5103. ABILITY TO PAY.
(a) Implementation.--The Secretary shall expedite any
guidance or rulemaking necessary to the implementation of
section 103(m) of the Water Resources Development Act 1986
(33 U.S.C. 2213(m)) to address ability to pay.
(b) Ability to Pay.--Section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) is amended by
adding the end the following:
``(5) Congressional notification.--
``(A) In general.--The Secretary shall 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 written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this subsection.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the Secretary shall include, for each
determination made by the Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under this
subsection;
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
(c) Tribal Partnership Program.--Section 203(d) of the
Water Resources Development Act of 2000 (33 U.S.C. 2269(d))
is amended by adding at the end the following:
``(7) Congressional notification.--
``(A) In general.--The Secretary shall 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 written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this subsection.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the
[[Page S5091]]
Secretary shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under
paragraph (1)(B)(ii);
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
SEC. 5104. FEDERAL INTEREST DETERMINATIONS.
Section 905(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2282(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Identification.--As part of the submission of a work
plan to Congress pursuant to the joint explanatory statement
for an annual appropriations Act or as part of the submission
of a spend plan to Congress for a supplemental appropriations
Act under which the Corps of Engineers receives funding, the
Secretary shall identify the studies in the plan--
``(i) for which the Secretary plans to prepare a
feasibility report under subsection (a) that will benefit--
``(I) 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)); or
``(II) a community other than a community described in
subclause (I); and
``(ii) that are designated as a new start under the work
plan.
``(B) Determination.--
``(i) In general.--After identifying the studies under
subparagraph (A) and subject to subparagraph (C), the
Secretary shall, with the consent of the applicable non-
Federal interest for the study, first determine the Federal
interest in carrying out the study and the projects that may
be proposed in the study.
``(ii) Feasibility cost share agreement.--The Secretary may
make a determination under clause (i) prior to the execution
of a feasibility cost share agreement between the Secretary
and the non-Federal interest.
``(C) Limitation.--For each fiscal year, the Secretary may
not make a determination under subparagraph (B) for more than
20 studies identified under subparagraph (A)(i)(II).
``(D) Application.--
``(i) In general.--Subject to clause (ii) and with the
consent of the non-Federal interest, the Secretary may use
the authority provided under this subsection for a study in a
work plan submitted to Congress prior to the date of
enactment of the Thomas R. Carper Water Resources Development
Act of 2024 if the study otherwise meets the requirements
described in subparagraph (A).
``(ii) Limitation.--Subparagraph (C) shall apply to the use
of authority under clause (i).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall be paid from the funding provided for the study
in the applicable work plan described in that paragraph.'';
and
(3) by adding at the end the following:
``(6) Post-determination work.--A study under this section
shall continue after a determination under paragraph
(1)(B)(i) without a new investment decision.''.
SEC. 5105. ANNUAL REPORT TO CONGRESS.
Section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Non-Federal Interest Notification.--
``(1) In general.--After the publication of the annual
report under subsection (f), if the proposal of a non-Federal
interest submitted under subsection (b) was included by the
Secretary in the appendix under subsection (c)(4), the
Secretary shall provide written notification to the non-
Federal interest of such inclusion.
``(2) Debrief.--
``(A) In general.--Not later than 30 days after the date on
which a non-Federal interest receives the written
notification under paragraph (1), the non-Federal interest
shall notify the Secretary that the non-Federal interest is
requesting a debrief under this paragraph.
``(B) Response.--If a non-Federal interest requests a
debrief under this paragraph, the Secretary shall provide the
debrief to the non-Federal interest by not later than 60 days
after the date on which the Secretary receives the request
for the debrief.
``(C) Inclusions.--The debrief provided by the Secretary
under this paragraph shall include--
``(i) an explanation of the reasons that the proposal was
included in the appendix under subsection (c)(4); and
``(ii) a description of--
``(I) any revisions to the proposal that may allow the
proposal to be included in a subsequent annual report, to the
maximum extent practicable;
``(II) other existing authorities of the Secretary that may
be used to address the need that prompted the proposal, if
applicable; and
``(III) any other information that the Secretary determines
to be appropriate.
``(h) Congressional Notification.--Not later than 30 days
after the publication of the annual report under subsection
(f), for each proposal included in that annual report or
appendix, the Secretary shall notify each Member of Congress
that represents the State in which that proposal will be
located that the proposal was included the annual report or
the appendix.''.
SEC. 5106. PROCESSING TIMELINES.
Not later than 30 days after the end of each fiscal year,
the Secretary shall ensure that the public website for the
``permit finder'' of the Corps of Engineers accurately
reflects the current status of projects for which a permit
was, or is being, processed using amounts accepted under
section 214 of the Water Resources Development Act of 2000
(33 U.S.C. 2352).
SEC. 5107. SERVICES OF VOLUNTEERS.
The seventeenth paragraph under the heading ``general
provisions'' under the heading ``Corps of Engineers--Civil''
under the heading ``DEPARTMENT OF THE ARMY'' in chapter IV of
title I of the Supplemental Appropriations Act, 1983 (33
U.S.C. 569c), is amended--
(1) in the first sentence, by striking ``The United States
Army Chief of Engineers'' and inserting the following:
``services of volunteers
``Sec. 141. (a) In General.--The Chief of Engineers''.
(2) in subsection (a) (as so designated), in the second
sentence, by striking ``Such volunteers'' and inserting the
following:
``(b) Treatment.--Volunteers under subsection (a)''; and
(3) by adding at the end the following:
``(c) Recognition.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Chief of Engineers may recognize through an award or other
appropriate means the service of volunteers under subsection
(a).
``(2) Process.--The Chief of Engineers shall establish a
process to carry out paragraph (1).
``(3) Limitation.--The Chief of Engineers shall ensure that
the recognition provided to a volunteer under paragraph (1)
shall not be in the form of a cash award.''.
SEC. 5108. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
Section 8159 of the Water Resources Development Act of 2022
(136 Stat. 3740) is amended--
(1) in paragraph (3), by striking ``and'' at the end; and
(2) by striking paragraph (4) and inserting the following:
``(4) West Virginia University to conduct academic research
on flood resilience planning and risk management, water
resource-related emergency management, aquatic ecosystem
restoration, water quality, siting and risk management for
open- and closed-loop pumped hydropower energy storage,
hydropower, and water resource-related recreation and
management of resources for recreation in the State of West
Virginia;
``(5) Delaware State University to conduct academic
research on water resource ecology, water quality, aquatic
ecosystem restoration, coastal restoration, and water
resource-related emergency management in the State of
Delaware, the Delaware River Basin, and the Chesapeake Bay
watershed;
``(6) the University of Notre Dame to conduct academic
research on hazard mitigation policies and practices in
coastal communities, including through the incorporation of
data analysis and the use of risk-based analytical frameworks
for reviewing flood mitigation and hardening plans and for
evaluating the design of new infrastructure; and
``(7) Mississippi State University to conduct academic
research on technology to be used in water resources
development infrastructure, analyses of the environment
before and after a natural disaster, and geospatial data
collection.''.
SEC. 5109. 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 ``65
percent 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 ``35 percent of such costs''
and inserting ``25 percent of such costs''.
(b) Application.--The amendments made by subsection (a)
shall apply beginning on October 1, 2024, to any construction
of a project for navigation on the inland waterways that is
new or ongoing on or after that date.
(c) Exception.--In the case of an inland waterways project
that receives funds under the heading ``construction'' under
the heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' in title III of division J of the
Infrastructure Investment and Jobs Act (135 Stat. 1359) that
will not complete construction, replacement, rehabilitation,
and expansion with such funds--
(1) section 102(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2212(a)) shall not apply; and
(2) any remaining costs shall be paid only from amounts
appropriated from the general fund of the Treasury.
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SEC. 5110. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED
WATER SUPPLY.
Section 1118(i) of Water Resources Development Act of 2016
(43 U.S.C. 390b-2(i)) is amended by striking paragraph (2)
and inserting the following:
``(2) Contributed funds for other federal reservoir
projects.--
``(A) In general.--The Secretary is authorized to receive
and expend funds from a non-Federal interest or a Federal
agency that owns a Federal reservoir project described in
subparagraph (B) to formulate, review, or revise operational
documents pursuant to a proposal submitted in accordance with
subsection (a).
``(B) Federal reservoir projects described.--A Federal
reservoir project referred to in subparagraph (A) is a
reservoir for which the Secretary is authorized to prescribe
regulations for the use of storage allocated for flood
control or navigation pursuant to section 7 of the Act of
December 22, 1944 (commonly known as the `Flood Control Act
of 1944') (58 Stat. 890, chapter 665; 33 U.S.C. 709).''.
SEC. 5111. OUTREACH AND ACCESS.
(a) In General.--Section 8117(b) of the Water Resources
Development Act of 2022 (33 U.S.C. 2281b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(iii), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensuring that a potential non-Federal interest is
aware of the roles, responsibilities, and financial
commitments associated with a completed water resources
development project prior to initiating a feasibility study
(as defined in section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d))), including
operations, maintenance, repair, replacement, and
rehabilitation responsibilities.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to the maximum extent practicable--
``(i) develop and continue to make publicly available,
through a publicly available existing website, information on
the projects and studies within the jurisdiction of each
district of the Corps of Engineers; and
``(ii) ensure that the information described in clause (i)
is consistent and made publicly available in the same manner
across all districts of the Corps of Engineers.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Guidance.--The Secretary shall develop and issue
guidance to ensure that the points of contacts established
under paragraph (2)(B) are adequately fulfilling their
obligations under that paragraph.''.
(b) Briefing.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the status of the
implementation of section 8117 of the Water Resources
Development Act of 2022 (33 U.S.C. 2281b), including the
amendments made to that section by subsection (a),
including--
(1) a plan for implementing any requirements under that
section; and
(2) any potential barriers to implementing that section.
SEC. 5112. MODEL DEVELOPMENT.
Section 8230 of the Water Resources Development Act of 2022
(136 Stat. 3765) is amended by adding at the end the
following:
``(d) Model Development.--
``(1) In general.--The Secretary may partner with other
Federal agencies, National Laboratories, and institutions of
higher education to develop, update, and maintain hydrologic
and climate-related models for use in water resources
planning, including models to assess compound flooding that
arises when 2 or more flood drivers occur simultaneously or
in close succession, or are impacting the same region over
time.
``(2) Use.--The Secretary may use models developed by the
entities described in paragraph (1).''.
SEC. 5113. PLANNING ASSISTANCE FOR STATES.
Section 22(a)(2)(B) of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16(a)(2)(B)) is amended by inserting
``and title research for abandoned structures'' before the
period at the end.
SEC. 5114. CORPS OF ENGINEERS LEVEE OWNERS ADVISORY BOARD.
(a) Definitions.--In this section:
(1) Federal levee system owner-operator.--The term
``Federal levee system owner-operator'' means a non-Federal
interest that owns and operates and maintains a levee system
that was constructed by the Corps of Engineers.
(2) Owners board.--The term ``Owners Board'' means the
Levee Owners Advisory Board established under subsection (b).
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
Levee Owners Advisory Board.
(c) Membership.--
(1) In general.--The Owners Board--
(A) shall be composed of--
(i) 11 members, to be appointed by the Secretary, who
shall--
(I) represent various regions of the country, including not
less than 1 Federal levee system owner-operator from each of
the civil works divisions of the Corps of Engineers; and
(II) have the requisite experiential or technical knowledge
to carry out the duties of the Owners Board described in
subsection (d); and
(ii) a representative of the Corps of Engineers, to be
designated by the Secretary, who shall serve as a nonvoting
member; and
(B) may include a representative designated by the head of
the Federal agency described in section 9002(1) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(1)), who
shall serve as a nonvoting member.
(2) Terms of members.--
(A) In general.--Subject to subparagraphs (B) and (C), a
member of the Owners Board shall be appointed for a term of 3
years.
(B) Reappointment.--A member of the Owners Board may be
reappointed to the Owners Board, as the Secretary determines
to be appropriate.
(C) Vacancies.--A vacancy on the Owners Board shall be
filled in the same manner as the original appointment was
made.
(3) Chairperson.--The members of the Owners Board shall
appoint a chairperson from among the members of the Owners
Board.
(d) Duties.--
(1) Recommendations.--The Owners Board shall provide advice
and recommendations to the Secretary and the Chief of
Engineers on--
(A) the activities and actions, consistent with applicable
statutory authorities, that should be undertaken by the Corps
of Engineers and Federal levee system owner-operators to
improve flood risk management throughout the United States;
and
(B) how to improve cooperation and communication between
the Corps of Engineers and Federal levee system owner-
operators.
(2) Meetings.--The Owners Board shall meet not less
frequently than semiannually.
(3) Report.--The Secretary, on behalf of the Owners Board,
shall--
(A) 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
includes the recommendations provided under paragraph (1);
and
(B) make those recommendations publicly available,
including on a publicly available existing website.
(e) Independent Judgment.--Any advice or recommendation
made by the Owners Board pursuant to subsection (d)(1) shall
reflect the independent judgment of the Owners Board.
(f) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Owners Board shall serve without compensation.
(2) Travel expenses.--The members of the Owners Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Owners Board shall not
be considered to be Federal employees, and the meetings and
reports of the Owners Board shall not be considered a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(g) Savings Clause.--The Owners Board shall not supplant
the Committee on Levee Safety established by section 9003 of
the Water Resources Development Act of 2007 (33 U.S.C. 3302).
SEC. 5115. SILVER JACKETS PROGRAM.
The Secretary shall continue the Silver Jackets program
established by the Secretary pursuant to section 206 of the
Flood Control Act of 1960 (33 U.S.C. 709a) and section 204 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5134).
SEC. 5116. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C)(ii), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) projects that improve emergency response capabilities
and provide increased access to infrastructure that may be
utilized in the event of a severe weather event or other
natural disaster; and''; and
(2) by striking subsection (e) and inserting the following:
``(e) Pilot Program.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary shall carry out not more
than 5 projects described in paragraph (2).
``(2) Projects described.--Notwithstanding subsection
(b)(1)(B), a project referred to in paragraph (1) is a
project--
``(A) that is otherwise eligible and meets the requirements
under this section; and
``(B) that is located--
``(i) along the Mid-Columbia River, Washington, Taneum
Creek, Washington, or Similk Bay, Washington; or
``(ii) at Big Bend, Lake Oahe, Fort Randall, or Gavins
Point Reservoirs, South Dakota.
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``(3) Requirement.--The Secretary shall carry out a project
described in paragraph (2) in accordance with this section.
``(4) Savings provision.--Nothing in this subsection
authorizes--
``(A) a project for the removal of a dam that otherwise is
a project described in paragraph (2);
``(B) the study of the removal of a dam; or
``(C) the study of any Federal dam, including the study of
power, flood control, or navigation replacement, or the
implementation of any functional alteration to that dam, that
is located along a body of water described in clause (i) or
(ii) of paragraph (2)(B).''.
SEC. 5117. TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' means
a project or activity eligible to be carried out under the
Tribal partnership program under section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269).
(2) 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) Authorization.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish and
implement a pilot program under which Indian Tribes may
directly carry out eligible projects.
(c) Purposes.--The purposes of the pilot program under this
section are--
(1) to authorize Tribal contracting to advance Tribal self-
determination and provide economic opportunities for Indian
Tribes; and
(2) to evaluate the technical, financial, and
organizational efficiencies of Indian Tribes carrying out the
design, execution, management, and construction of 1 or more
eligible projects.
(d) Administration.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall--
(A) identify a total of not more than 5 eligible projects
that have been authorized for construction;
(B) notify the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the
identification of each eligible project under the pilot
program under this section;
(C) in collaboration with the Indian Tribe, develop a
detailed project management plan for each identified eligible
project that outlines the scope, budget, design, and
construction resource requirements necessary for the Indian
Tribe to execute the project or a separable element of the
eligible project;
(D) on the request of the Indian Tribe and in accordance
with subsection (f)(2), enter into a project partnership
agreement with the Indian Tribe for the Indian Tribe to
provide full project management control for construction of
the eligible project, or a separable element of the eligible
project, in accordance with plans approved by the Secretary;
(E) following execution of the project partnership
agreement, transfer to the Indian Tribe to carry out
construction of the eligible project, or a separable element
of the eligible project--
(i) if applicable, the balance of the unobligated amounts
appropriated for the eligible project, except that the
Secretary shall retain sufficient amounts for the Corps of
Engineers to carry out any responsibilities of the Corps of
Engineers relating to the eligible project and the pilot
program under this section; and
(ii) additional amounts, as determined by the Secretary,
from amounts made available to carry out this section, except
that the total amount transferred to the Indian Tribe shall
not exceed the updated estimate of the Federal share of the
cost of construction, including any required design; and
(F) regularly monitor and audit each eligible project being
constructed by an Indian Tribe under this section to ensure
that the construction activities are carried out in
compliance with the plans approved by the Secretary and that
the construction costs are reasonable.
(2) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1)(D), each
Indian Tribe, to the maximum extent practicable, shall submit
to the Secretary a detailed project schedule, based on
estimated funding levels, that lists all deadlines for each
milestone in the construction of the eligible project.
(3) Technical assistance.--On the request of an Indian
Tribe, the Secretary may provide technical assistance to the
Indian Tribe, if the Indian Tribe contracts with and
compensates the Secretary for the technical assistance
relating to--
(A) any study, engineering activity, and design activity
for construction carried out by the Indian Tribe under this
section; and
(B) expeditiously obtaining any permits necessary for the
eligible project.
(e) Cost Share.--Nothing in this section affects the cost-
sharing requirement applicable on the day before the date of
enactment of this Act to an eligible project carried out
under this section.
(f) Implementation Guidance.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue guidance for
the implementation of the pilot program under this section
that, to the extent practicable, identifies--
(A) the metrics for measuring the success of the pilot
program;
(B) a process for identifying future eligible projects to
participate in the pilot program;
(C) measures to address the risks of an Indian Tribe
constructing eligible projects under the pilot program,
including which entity bears the risk for eligible projects
that fail to meet Corps of Engineers standards for design or
quality;
(D) the laws and regulations that an Indian Tribe must
follow in carrying out an eligible project under the pilot
program; and
(E) which entity bears the risk in the event that an
eligible project carried out under the pilot program fails to
be carried out in accordance with the project authorization
or this section.
(2) New project partnership agreements.--The Secretary may
not enter into a project partnership agreement under this
section until the date on which the Secretary issues the
guidance under paragraph (1).
(g) Report.--
(1) In general.--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 and make publicly available a report
detailing the results of the pilot program under this
section, including--
(A) a description of the progress of Indian Tribes in
meeting milestones in detailed project schedules developed
pursuant to subsection (d)(2); and
(B) any recommendations of the Secretary concerning whether
the pilot program or any component of the pilot program
should be implemented on a national basis.
(2) Update.--Not later than 5 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 an update to the report under
paragraph (1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a detailed explanation of why the deadline
was missed and a projected date for submission of the report.
(h) Administration.--All laws and regulations that would
apply to the Secretary if the Secretary were carrying out the
eligible project shall apply to an Indian Tribe carrying out
an eligible project under this section.
(i) Termination of Authority.--The authority to commence an
eligible project under this section terminates on December
31, 2029.
(j) Authorization of Appropriations.--In addition to any
amounts appropriated for a specific eligible project, there
is authorized to be appropriated to the Secretary to carry
out this section, including the costs of administration of
the Secretary, $15,000,000 for each of fiscal years 2024
through 2029.
SEC. 5118. ELIGIBILITY FOR INTER-TRIBAL CONSORTIUMS.
(a) In General.--Section 221(b)(1) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(b)(1)) is amended by inserting
``and an inter-tribal consortium (as defined in section 403
of the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202)))'' after ``5304))''.
(b) Tribal Partnership Program.--Section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269) is
amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and
all that follows through ``the term'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term''; and
(B) by adding at the end the following:
``(2) Inter-tribal consortium.--The term `inter-tribal
consortium' has the meaning given the term in section 403 of
the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202).
``(3) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, inter-tribal consortiums, Tribal organizations,'' after
``Indian tribes''; and
(ii) in subparagraph (A), by inserting ``, inter-tribal
consortiums, or Tribal organizations'' after ``Indian
tribes'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``flood hurricane''
and inserting ``flood or hurricane'';
(ii) in subparagraph (C), in the matter preceding clause
(i), by inserting ``, an inter-tribal consortium, or a Tribal
organization'' after ``Indian tribe''; and
(iii) in subparagraph (E) (as redesignated by section
5116(1)(B)), by inserting ``, inter-tribal consortiums,
Tribal organizations,'' after ``Indian tribes''; and
(C) in paragraph (3)(A), by inserting ``, inter-tribal
consortium, or Tribal organization'' after ``Indian tribe''
each place it appears.
[[Page S5094]]
SEC. 5119. SENSE OF CONGRESS RELATING TO THE MANAGEMENT OF
RECREATION FACILITIES.
It is the sense of Congress that--
(1) the Corps of Engineers should have greater access to
the revenue collected from the use of Corps of Engineers-
managed facilities with recreational purposes;
(2) revenue collected from Corps of Engineers-managed
facilities with recreational purposes should be available to
the Corps of Engineers for necessary operation, maintenance,
and improvement activities at the facility from which the
revenue was derived;
(3) the districts of the Corps of Engineers should be
provided with more authority to partner with non-Federal
public entities and private nonprofit entities for the
improvement and management of Corps of Engineers-managed
facilities with recreational purposes; and
(4) legislation to address the issues described in
paragraphs (1) through (3) should be considered by Congress.
SEC. 5120. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1374; 132 Stat. 3784) is
amended by striking ``December 31, 2024'' and inserting
``December 31, 2026''.
TITLE LII--STUDIES AND REPORTS
SEC. 5201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water
resources development and conservation and other purposes, as
identified in the reports titled ``Report to Congress on
Future Water Resources Development'' submitted to Congress
pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress:
(1) Yavapai county, arizona.--Project for flood risk
management, Yavapai County, Arizona.
(2) Eastman lake, california.--Project for ecosystem
restoration and water supply, including for conservation and
recharge, Eastman Lake, Merced and Madera Counties,
California.
(3) Pine flat dam, california.--Project for ecosystem
restoration, water supply, and recreation, Pine Flat Dam,
Fresno County, California.
(4) San diego, california.--Project for flood risk
management, including sea level rise, San Diego, California.
(5) Sacramento, california.--Project for flood risk
management and ecosystem restoration, including levee
improvement, Sacramento River, Sacramento, California.
(6) San mateo, california.--Project for flood risk
management, City of San Mateo, California.
(7) Sacramento county, california.--Project for flood risk
management, ecosystem restoration, and water supply, Lower
Cosumnes River, Sacramento County, California.
(8) Colorado springs, colorado.--Project for ecosystem
restoration and flood risk management, Fountain Creek,
Monument Creek, and T-Gap Levee, Colorado Springs, Colorado.
(9) Plymouth, connecticut.--Project for ecosystem
restoration, Plymouth, Connecticut.
(10) Windham, connecticut.--Project for ecosystem
restoration and recreation, Windham, Connecticut.
(11) Enfield, connecticut.--Project for flood risk
management and ecosystem restoration, including restoring
freshwater brook floodplain, Enfield, Connecticut.
(12) Newington, connecticut.--Project for flood risk
management, Newington, Connecticut.
(13) Hartford, connecticut.--Project for hurricane and
storm damage risk reduction, Hartford, Connecticut.
(14) Fairfield, connecticut.--Project for flood risk
management, Rooster River, Fairfield, Connecticut.
(15) Milton, delaware.--Project for flood risk management,
Milton, Delaware.
(16) Wilmington, delaware.--Project for coastal storm risk
management, City of Wilmington, Delaware.
(17) Tybee island, georgia.--Project for flood risk
management and coastal storm risk management, including the
potential for beneficial use of dredged material, Tybee
Island, Georgia.
(18) Hanapepe levee, hawaii.--Project for ecosystem
restoration, flood risk management, and hurricane and storm
damage risk reduction, including Hanapepe Levee, Kauai
County, Hawaii.
(19) Kauai county, hawaii.--Project for flood risk
management and coastal storm risk management, Kauai County,
Hawaii.
(20) Hawai`i kai, hawaii.--Project for flood risk
management, Hawai`i Kai, Hawaii.
(21) Maui, hawaii.--Project for flood risk management and
ecosystem restoration, Maui County, Hawaii.
(22) Butterfield creek, illinois.--Project for flood risk
management, Butterfield Creek, Illinois, including the
villages of Flossmoor, Matteson, Park Forest, and Richton
Park.
(23) Rocky ripple, indiana.--Project for flood risk
management, Rocky Ripple, Indiana.
(24) Coffeyville, kansas.--Project for flood risk
management, Coffeyville, Kansas.
(25) Fulton county, kentucky.--Project for flood risk
management, including bank stabilization, Fulton County,
Kentucky.
(26) Cumberland river, crittenden county, lyon county, and
livingston county, kentucky.--Project for ecosystem
restoration, including bank stabilization, Cumberland River,
Crittenden County, Lyon County, and Livingston County,
Kentucky.
(27) Scott county, kentucky.--Project for ecosystem
restoration, including water supply, Scott County, Kentucky.
(28) Bullskin creek and shelby county, kentucky.--Project
for ecosystem restoration, including bank stabilization,
Bullskin Creek and Shelby County, Kentucky.
(29) Lake pontchartrain barrier, louisiana.--Project for
hurricane and storm damage risk reduction, Orleans Parish,
St. Tammany Parish, and St. Bernard Parish, Louisiana.
(30) Ocean city, maryland.--Project for flood risk
management, Ocean City, Maryland.
(31) Beaverdam creek, maryland.--Project for flood risk
management, Beaverdam Creek, Prince George's County,
Maryland.
(32) Oak bluffs, massachusetts.--Project for flood risk
management, coastal storm risk management, recreation, and
ecosystem restoration, including shoreline stabilization
along East Chop Drive, Oak Bluffs, Massachusetts.
(33) Tisbury, massachusetts.--Project for coastal storm
risk management, including shoreline stabilization along
Beach Road Causeway, Tisbury, Massachusetts.
(34) Oak bluffs harbor, massachusetts.--Project for coastal
storm risk management and navigation, Oak Bluffs Harbor north
and south jetties, Oak Bluffs, Massachusetts.
(35) Connecticut river, massachusetts.--Project for flood
risk management along the Connecticut River, Massachusetts.
(36) Marysville, michigan.--Project for coastal storm risk
management, including shoreline stabilization, City of
Marysville, Michigan.
(37) Cheboygan, michigan.--Project for flood risk
management, Little Black River, City of Cheboygan, Michigan.
(38) Kalamazoo, michigan.--Project for flood risk
management and ecosystem restoration, Kalamazoo River
Watershed and tributaries, City of Kalamazoo, Michigan.
(39) Dearborn and dearborn heights, michigan.--Project for
flood risk management, Dearborn and Dearborn Heights,
Michigan.
(40) Grand traverse bay, michigan.--Project for navigation,
Grand Traverse Bay, Michigan.
(41) Grand traverse county, michigan.--Project for flood
risk management and ecosystem restoration, Grand Traverse
County, Michigan.
(42) Brighton mill pond, michigan.--Project for ecosystem
restoration, Brighton Mill Pond, Michigan.
(43) Ludington, michigan.--Project for coastal storm risk
management, including feasibility of emergency shoreline
protection, Ludington, Michigan.
(44) Pahrump, nevada.--Project for hurricane and storm
damage risk reduction and flood risk management, Pahrump,
Nevada.
(45) Allegheny river, new york.--Project for navigation and
ecosystem restoration, Allegheny River, New York.
(46) Turtle cove, new york.--Project for ecosystem
restoration, Turtle Cove, Pelham Bay Park, Bronx, New York.
(47) Niles, ohio.--Project for flood risk management,
ecosystem restoration, and recreation, City of Niles, Ohio.
(48) Geneva-on-the-lake, ohio.--Project for flood and
coastal storm risk management, ecosystem restoration,
recreation, and shoreline erosion protection, Geneva-on-the-
Lake, Ohio.
(49) Little killbuck creek, ohio.--Project for ecosystem
restoration, including aquatic invasive species management,
Little Killbuck Creek, Ohio.
(50) Defiance, ohio.--Project for flood risk management,
ecosystem restoration, recreation, and bank stabilization,
Maumee, Auglaize, and Tiffin Rivers, Defiance, Ohio.
(51) Dillon lake, muskingum county, ohio.--Project for
ecosystem restoration, recreation, and shoreline erosion
protection, Dillon Lake, Muskingum and Licking Counties,
Ohio.
(52) Jerusalem township, ohio.--Project for flood and
coastal storm risk management and shoreline erosion
protection, Jerusalem Township, Ohio.
(53) Nine mile creek, cleveland, ohio.--Project for flood
risk management, Nine Mile Creek, Cleveland, Ohio.
(54) Cold creek, ohio.--Project for ecosystem restoration,
Cold Creek, Erie County, Ohio.
(55) Allegheny river, pennsylvania.--Project for navigation
and ecosystem restoration, Allegheny River, Pennsylvania.
(56) Philadelphia, pennsylvania.--Project for ecosystem
restoration and recreation, including shoreline
stabilization, South Philadelphia Wetlands Park,
Philadelphia, Pennsylvania.
(57) Galveston bay, texas.--Project for navigation,
Galveston Bay, Texas.
(58) Winooski, vermont.--Project for flood risk management,
Winooski River and tributaries, Winooski, Vermont.
(59) Mt. st. helens, washington.--Project for navigation,
Mt. St. Helens, Washington.
(60) Grays bay, washington.--Project for navigation, flood
risk management, and ecosystem restoration, Grays Bay,
Wahkiakum County, Washington.
[[Page S5095]]
(61) Wind, klickitat, hood, deschutes, rock creek, and john
day tributaries, washington.--Project for ecosystem
restoration, Wind, Klickitat, Hood, Deschutes, Rock Creek,
and John Day tributaries, Washington.
(62) La crosse, wisconsin.--Project for flood risk
management, City of La Crosse, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to
conduct a feasibility study for the following project
modifications:
(1) Luxapalila creek, alabama.--Modifications to the
project for flood risk management, Luxapalila Creek, Alabama,
authorized by section 203 of the Flood Control Act of 1958
(72 Stat. 307).
(2) Osceola harbor, arkansas.--Modifications to the project
for navigation, Osceola Harbor, Arkansas, authorized under
section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577), to evaluate the expansion of the harbor.
(3) Savannah, georgia.--Modifications to the project for
navigation, Savannah Harbor Expansion Project, Georgia,
authorized by section 7002(1) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1364) and modified by
section 1401(6) of the America's Water Infrastructure Act of
2018 (132 Stat. 3839).
(4) Hagaman chute, louisiana.--Modifications to the project
for navigation, including sediment management, Hagaman Chute,
Louisiana.
(5) Calcasieu river and pass, louisiana.--Modifications to
the project for navigation, Calcasieu River and Pass,
Louisiana, authorized by section 101 of the River and Harbor
Act of 1960 (74 Stat. 481) and modified by section 3079 of
the Water Resources Development Act of 2007 (121 Stat. 1126),
including channel deepening and jetty improvements.
(6) Mississippi river and tributaries, ouachita river,
louisiana.--Modifications to the project for flood risk
management, including bank stabilization, Ouachita River,
Monroe to Caldwell Parish, Louisiana, authorized by the first
section of the Act of May 15, 1928 (45 Stat. 534, chapter
569).
(7) St. marys river, michigan.--Modifications to the
project for navigation, St. Marys River and tributaries,
Michigan, for channel improvements.
(8) Mosquito creek lake, trumbull county, ohio.--
Modifications to the project for flood risk management and
water supply, Mosquito Creek Lake, Trumbull County, Ohio.
(9) Little conemaugh, stonycreek, and conemaugh rivers,
pennsylvania.--Modifications to the project for ecosystem
restoration, recreation, and flood risk management, Little
Conemaugh, Stonycreek, and Conemaugh rivers, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1586,
chapter 688; 50 Stat. 879; chapter 877).
(10) Charleston, south carolina.--Modifications to the
project for navigation, Charleston Harbor, South Carolina,
authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1709), including
improvements to address potential or actual changed
conditions on that portion of the project that serves the
North Charleston Terminal.
(11) Addicks and barker reservoirs, texas.--Modifications
to the project for flood risk management, Addicks and Barker
Reservoirs, Texas.
(12) Westside creek, san antonio channel, texas.--
Modifications to the project for ecosystem restoration,
Westside Creek, San Antonio Channel, Texas, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat. 1259)
as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers, Texas, and modified by
section 103 of the Water Resources Development Act of 1976
(90 Stat. 2921), section 335 of the Water Resources
Development Act of 2000 (114 Stat. 2611), and section 3154 of
the Water Resources Development Act of 2007 (121 Stat. 1148).
(13) Monongahela river, west virginia.--Modifications to
the project for recreation, Monongahela River, West Virginia.
(c) Special Rule, St. Marys River, Michigan.--The cost of
the study under subsection (b)(7) shall be shared in
accordance with the cost share applicable to construction of
the project for navigation, Sault Sainte Marie, Michigan,
authorized by section 1149 of the Water Resources Development
Act of 1986 (100 Stat. 4254; 121 Stat. 1131).
SEC. 5202. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--Section 1001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282c) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following:
``(d) Delegation.--
``(1) In general.--The Secretary shall delegate the
determination to grant an extension under subsection (c) to
the Commander of the relevant Division if--
``(A) the final feasibility report for the study can be
completed with an extension of not more than 1 year beyond
the time period described in subsection (a)(1); or
``(B) the feasibility study requires an additional cost of
not more than $1,000,000 above the amount described in
subsection (a)(2).
``(2) Guidance.--If the Secretary determines that
implementation guidance is necessary to implement this
subsection, the Secretary shall issue such implementation
guidance not later than 180 days after the date of enactment
of the Thomas R. Carper Water Resources Development Act of
2024.''; and
(3) by adding at the end the following:
``(h) Definition of Division.--In this section, the term
`Division' means each of the following Divisions of the Corps
of Engineers:
``(1) The Great Lakes and Ohio River Division.
``(2) The Mississippi Valley Division.
``(3) The North Atlantic Division.
``(4) The Northwestern Division.
``(5) The Pacific Ocean Division.
``(6) The South Atlantic Division.
``(7) The South Pacific Division.
``(8) The Southwestern Division.'';
(b) Deadline.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop and issue
implementation guidance that improves the implementation of
section 1001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282c).
(2) Standardized form.--In carrying out this subsection,
the Secretary shall develop and provide to each Division (as
defined in subsection (h) of section 1001 of the Water
Resources Reform and Development of 2014 (33 U.S.C. 2282c)) a
standardized form to assist the Divisions in preparing a
written request for an exception under subsection (c) of that
section.
(3) Notification.--The Secretary shall submit a written
copy of the implementation guidance developed under paragraph
(1) to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives not less than 30 days before
the date on which the Secretary makes that guidance publicly
available.
SEC. 5203. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study or general reevaluation
report (as applicable) for each of the following projects,
and if the Secretary determines that the project is justified
in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) Project for food risk management, Upper Guyandotte
River Basin, West Virginia.
(2) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(3) Project for flood risk management, Cave Buttes Dam,
Phoenix, Arizona.
(4) Project for flood risk management, McMicken Dam,
Maricopa County, Arizona.
(5) Project for ecosystem restoration, Rio Salado, Phoenix,
Arizona.
(6) Project for flood risk management, Lower San Joaquin
River, San Joaquin Valley, California.
(7) Project for flood risk management, Stratford,
Connecticut.
(8) Project for flood risk management, Waimea River, Kauai
County, Hawaii.
(9) Modifications to the project for flood risk management,
Cedar River, Cedar Rapids, Iowa, authorized by section
8201(b)(6) of the Water Resources Development Act of 2022
(136 Stat. 3750).
(10) Project for flood risk management, Rahway River,
Rahway, New Jersey.
(11) Northeast Levee System portion of the project for
flood control and other purposes, Williamsport, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1573,
chapter 688).
(12) Project for navigation, Menominee River, Menominee,
Wisconsin.
(13) General reevaluation report for the project for flood
risk management and other purposes, East St. Louis and
Vicinity, Illinois.
(14) General reevaluation report for project for flood risk
management, Green Brook, New Jersey.
(15) Project for ecosystem restoration, Imperial Streams
Salton Sea, California.
(16) Modification of the project for navigation, Honolulu
Deep Draft Harbor, Hawaii.
(17) Project for shoreline damage mitigation, Burns
Waterway Harbor, Indiana.
(18) Project for hurricane and coastal storm risk
management, Dare County Beaches, North Carolina.
(19) Modification of the project for flood protection and
recreation, Surry Mountain Lake, New Hampshire, including for
consideration of low flow augmentation.
(20) Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia.
(21) Project for secondary water source identification,
Washington Metropolitan Area, Washington, DC, Maryland, and
Virginia.
(b) Study Reports.--The Secretary shall expedite the
completion of a Chief's Report or Director's Report (as
applicable) for each of the following projects for the
project to be considered for authorization:
(1) Modification of the project for navigation, Norfolk
Harbors and Channels, Anchorage F segment, Norfolk, Virginia.
(2) Project for aquatic ecosystem restoration, Biscayne Bay
Coastal Wetlands, Florida.
(3) Project for ecosystem restoration, Claiborne and
Millers Ferry Locks and Dam Fish Passage, Lower Alabama
River, Alabama.
(4) Project for flood and storm damage reduction, Surf
City, North Carolina.
[[Page S5096]]
(5) Project for flood and storm damage reduction, Nassau
County Back Bays, New York.
(6) Project for flood risk management, Tar Pamlico, North
Carolina.
(7) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Western
Everglades Restoration Project, Florida.
(8) Project for flood and storm damage reduction, Ala Wai,
Hawaii.
(9) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Lake
Okeechobee Watershed Restoration, Florida.
(10) Project for flood and coastal storm damage reduction,
Miami-Dade County Back Bay, Florida.
(11) Project for navigation, Tampa Harbor, Florida.
(12) Project for flood and storm damage reduction, Akutan
Harbor Navigational Improvements, Alaska.
(13) Project for flood and storm damage reduction, Amite
River and tributaries, Louisiana.
(14) Project for flood and coastal storm risk management,
Puerto Rico Coastal Study, Puerto Rico.
(15) Project for coastal storm risk management, Baltimore,
Maryland.
(16) Project for water supply reallocation, Stockton Lake
Reallocation Study, Missouri.
(17) Project for ecosystem restoration, Hatchie-
Loosahatchie Mississippi River, Tennessee and Arkansas.
(18) Project for ecosystem restoration, Biscayne Bay and
Southern Everglades, Florida, authorized by section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680).
(c) Projects.--The Secretary shall, to the maximum extent
practicable, expedite completion of the following projects:
(1) Project for flood control, Lower Mud River, 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).
(2) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (commonly known as the ``Flood Control Act of
1936'') (49 Stat. 1586, chapter 688).
(3) 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).
(4) Project for flood risk management, Little Colorado
River, Navajo County, Arizona.
(5) Project for flood risk management, Rio de Flag,
Flagstaff, Arizona.
(6) Project for ecosystem restoration, Va Shly'AY Akimel,
Maricopa Indian Reservation, Arizona.
(7) Project for aquatic ecosystem restoration, Quincy Bay,
Illinois, Upper Mississippi River Restoration Program.
(8) Major maintenance on Laupahoehoe Harbor, Hawaii County,
Hawaii.
(9) Project for flood risk management, Green Brook, New
Jersey.
(10) Water control manual update for water supply and flood
control, Theodore Roosevelt Dam, Globe, Arizona.
(11) Water control manual update for Oroville Dam, Butte
County, California.
(12) Water control manual update for New Bullards Dam, Yuba
County, California.
(13) Project for flood risk management, Morgan City,
Louisiana.
(14) Project for hurricane and storm risk reduction, Upper
Barataria Basin, Louisiana.
(15) Project for ecosystem restoration, Mid-Chesapeake Bay,
Maryland.
(16) Project for navigation, Big Bay Harbor of Refuge,
Michigan.
(17) Project for George W. Kuhn Headwaters Outfall,
Michigan.
(18) The portion of the project for flood control and other
purposes, Williamsport, Pennsylvania, authorized by section 5
of the Act of June 22, 1936 (commonly known as the ``Flood
Control Act of 1936'') (49 Stat. 1573, chapter 688), to bring
the Northwest Levee System into compliance with current flood
mitigation standards.
(19) Project for navigation, Seattle Harbor, Washington,
authorized by section 1401(1) of the Water Resources
Development Act of 2018 (132 Stat. 3836), deepening the East
Waterway at the Port of Seattle.
(20) Project for shoreline stabilization, Clarksville,
Indiana.
(d) Continuing Authorities Programs.--The Secretary shall,
to the maximum extent practicable, expedite completion of the
following projects and studies:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Ak Chin Levee, Pinal County, Arizona.
(B) McCormick Wash, Globe, Arizona.
(C) Rose and Palm Garden Washes, Douglas, Arizona.
(D) Lower Santa Cruz River, Arizona.
(2) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), Corazon de los Tres Rios del Norte, Pima County,
Arizona.
(3) Project for hurricane and storm damage reduction under
section 3 of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g), Stratford, Connecticut.
(4) Project modification for improvements to the
environment, Surry Mountain Lake, New Hampshire, under
section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a).
(e) Tribal Partnership Program.--The Secretary shall, to
the maximum extent practicable, expedite completion of the
following projects and studies under the Tribal partnership
program under section 203 of the Water Resources Development
Act of 2000 (33 U.S.C. 2269):
(1) Maricopa (Ak Chin) Indian Reservation, Arizona.
(2) Gila River Indian Reservation, Arizona.
(3) Navajo Nation, Bird Springs, Arizona.
(f) Watershed Assessments.--The Secretary shall, to the
maximum extent practicable, expedite completion of the
watershed assessment for flood risk management, Upper
Mississippi and Illinois Rivers, authorized by section 1206
of Water Resources Development Act of 2016 (130 Stat. 1686)
and section 214 of the Water Resources Development Act of
2020 (134 Stat. 2687).
(g) Expedited Prospectus.--The Secretary shall prioritize
the completion of the prospectus for the United States
Moorings Facility, Portland, Oregon, required for
authorization of funding from the revolving fund established
by the first section of the Civil Functions Appropriations
Act, 1954 (33 U.S.C. 576).
SEC. 5204. EXPEDITED COMPLETION OF OTHER FEASIBILITY STUDIES.
(a) Cedar Port Navigation and Improvement District Channel
Deepening Project, Baytown, Texas.--The Secretary shall
expedite the review and coordination of the feasibility study
for the project for navigation, Cedar Port Navigation and
Improvement District Channel Deepening Project, Baytown,
Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
(b) Lake Okeechobee Watershed Restoration Project,
Florida.--The Secretary shall expedite the review and
coordination of the feasibility study for the project for
ecosystem restoration, Lake Okeechobee Component A Reservoir,
Everglades, Florida, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(c) 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)).
(d) La Quinta Expansion Project, Texas.--The Secretary
shall expedite the review and coordination of the feasibility
study for the project for navigation, La Quinta Ship Channel,
Corpus Christi, Texas, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 5205. ALEXANDRIA TO THE GULF OF MEXICO, LOUISIANA,
FEASIBILITY STUDY.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the project for flood risk management,
navigation and ecosystem restoration, Rapides, Avoyelles,
Point Coupee, Allen, Evangeline, St. Landry, Calcasieu,
Jefferson Davis, Acadia, Lafayette, St. Martin, Iberville,
Cameron, Vermilion, Iberia, and St. Mary Parishes, Louisiana.
(b) Special Rule.--The study authorized by subsection (a)
shall be considered a continuation of the study authorized by
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives with respect
to the study for flood risk management, Alexandria to the
Gulf of Mexico, Louisiana, dated July 23, 1997.
SEC. 5206. CRAIG HARBOR, ALASKA.
The cost of completing a general reevaluation report for
the project for navigation, Craig Harbor, Alaska, authorized
by section 1401(1) of the Water Resources Development Act of
2016 (130 Stat. 1709) shall be at full Federal expense.
SEC. 5207. SUSSEX COUNTY, DELAWARE.
(a) Sense of Congress.--It is the sense of Congress that
consistent nourishments of Lewes Beach, Delaware, are
important for the safety and economic prosperity of Sussex
County, Delaware.
(b) General Reevaluation Report.--
(1) In general.--The Secretary shall carry out a general
reevaluation report for the project for Delaware Bay
Coastline, Roosevelt Inlet, and Lewes Beach, Delaware.
(2) Inclusions.--The general reevaluation report under
paragraph (1) shall include a determination of--
(A) the area that the project should include; and
(B) how section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i) should be applied with respect to the project.
SEC. 5208. FORECAST-INFORMED RESERVOIR OPERATIONS IN THE
COLORADO RIVER BASIN.
Section 1222 of the America's Water Infrastructure Act of
2018 (132 Stat. 3811; 134 Stat. 2661) is amended by adding at
the end the following:
``(d) Forecast-informed Reservoir Operations in the
Colorado River Basin.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that assesses the
viability of forecast-informed reservoir operations at a
reservoir in the Colorado River Basin.
[[Page S5097]]
``(2) Authorization.--If the Secretary determines, and
includes in the report under paragraph (1), that forecast-
informed reservoir operations are viable at a reservoir in
the Colorado River Basin, the Secretary is authorized to
carry out forecast-informed reservoir operations at that
reservoir, subject to the availability of appropriations.''.
SEC. 5209. BEAVER LAKE, ARKANSAS, REALLOCATION STUDY.
The Secretary shall expedite the completion of a study for
the reallocation of water supply storage, carried out in
accordance with section 301 of the Water Supply Act of 1958
(43 U.S.C. 390b), for the Beaver Water District, Beaver Lake,
Arkansas.
SEC. 5210. GATHRIGHT DAM, VIRGINIA, STUDY.
The Secretary shall conduct a study on the feasibility of
modifying the project for flood risk management, Gathright
Dam, Virginia, authorized by section 10 of the Flood Control
Act of 1946 (60 Stat. 645, chapter 596), to include
downstream recreation as a project purpose.
SEC. 5211. DELAWARE INLAND BAYS WATERSHED STUDY.
(a) In General.--The Secretary shall conduct a study to
restore aquatic ecosystems in the Delaware Inland Bays
Watershed.
(b) Requirements.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary shall--
(A) conduct a comprehensive analysis of ecosystem
restoration needs in the Delaware Inland Bays Watershed,
including--
(i) saltmarsh restoration;
(ii) shoreline stabilization;
(iii) stormwater management; and
(iv) an identification of sources for the beneficial use of
dredged materials; and
(B) recommend feasibility studies to address the needs
identified under subparagraph (A).
(2) Natural or nature-based features.--To the maximum
extent practicable, a feasibility study that is recommended
under paragraph (1)(B) shall consider the use of natural
features or nature-based features (as those terms are defined
in section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a))).
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In carrying out the study under
subsection (a), 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.--To the maximum extent
practicable, in carrying out the study under subsection (a),
the Secretary shall use existing data provided to the
Secretary by entities described in paragraph (1).
(d) Feasibility Studies.--
(1) In general.--The Secretary may carry out a feasibility
study for a project recommended under subsection (b)(1)(B).
(2) Congressional authorization.--The Secretary may not
begin construction for a project recommended by a feasibility
study described in paragraph (1) unless the project has been
authorized by Congress.
(e) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that includes--
(1) the results of the study under subsection (a); and
(2) a description of actions taken under this section,
including any feasibility studies under subsection (b)(1)(B).
SEC. 5212. UPPER SUSQUEHANNA RIVER BASIN COMPREHENSIVE FLOOD
DAMAGE REDUCTION FEASIBILITY STUDY.
(a) In General.--The Secretary shall, at the request of a
non-Federal interest, complete a feasibility study for
comprehensive flood damage reduction, Upper Susquehanna River
Basin, New York.
(b) Requirements.--In carrying out the feasibility study
under subsection (a), the Secretary shall--
(1) use, for purposes of meeting the requirements of a
final feasibility study, information from the feasibility
study completion report entitled ``Upper Susquehanna River
Basin, New York, Comprehensive Flood Damage Reduction'' and
dated January 2020; and
(2) re-evaluate project benefits, as determined using the
framework described in the proposed rule of the Corps of
Engineers entitled ``Corps of Engineers Agency Specific
Procedures To Implement the Principles, Requirements, and
Guidelines for Federal Investments in Water Resources'' (89
Fed. Reg. 12066 (February 15, 2024)), including a
consideration of 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. 5213. KANAWHA RIVER BASIN.
Section 1207 of the Water Resources Development Act of 2016
(130 Stat. 1686) is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(2) by adding at the end the following:
``(b) Projects and Separable Elements.--Notwithstanding any
other provision of law, for an authorized project or a
separable element of an authorized project that is
recommended as a result of a study carried out by the
Secretary under subsection (a) 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)) in the State of West
Virginia, the non-Federal share of the cost of the project or
separable element of a project shall be 10 percent.''.
SEC. 5214. AUTHORIZATION OF FEASIBILITY STUDIES FOR PROJECTS
FROM CAP AUTHORITIES.
(a) Cedar Point Seawall, Scituate, Massachusetts.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for hurricane and storm damage risk
reduction, Cedar Point Seawall, Scituate, Massachusetts.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 3 of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g).
(b) Jones Levee, Pierce County, Washington.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Jones Levee,
Pierce County, Washington.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(c) Hatch, New Mexico.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Hatch, New
Mexico.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(d) Fort George Inlet, Jacksonville, Florida.--
(1) In general.--The Secretary may conduct a feasibility
study to modify the project for navigation, Fort George
Inlet, Jacksonville, Florida, to include navigation
improvements or shoreline erosion prevention or mitigation as
a result of the project.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
SEC. 5215. PORT FOURCHON BELLE PASS CHANNEL, LOUISIANA.
(a) Feasibility Study.--
(1) In general.--Notwithstanding section 203(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2231(a)(1)), the non-Federal interest for the project for
navigation, Port Fourchon Belle Pass Channel, Louisiana,
authorized by section 403(a)(4) of the Water Resources
Development Act of 2020 (134 Stat. 2743) may, on written
notification to the Secretary, and at the cost of the non-
Federal interest, carry out a feasibility study to modify the
project for deepening in accordance with section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231).
(2) Requirement.--A modification recommended by a
feasibility study under paragraph (1) shall be approved by
the Secretary and authorized by Congress before construction.
(b) Prior Written Agreements.--
(1) Prior written agreements for section 203.--To the
maximum extent practicable, the Secretary shall use the
previous agreement between the Secretary and the non-Federal
interest for the feasibility study carried about under
section 203 of the Water Resources Development Act of 1986
(33 U.S.C. 2231) that resulted in the project described in
subsection (a)(1) in order to expedite the revised agreement
between the Secretary and the non-Federal interest for the
feasibility study described in that subsection.
(2) Prior written agreements for technical assistance.--On
the request of the non-Federal interest described in
subsection (a)(1), the Secretary shall use the previous
agreement for technical assistance under section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231)
between the Secretary and the non-Federal interest in order
to provide technical assistance to the non-Federal interest
for the feasibility study under subsection (a)(1).
(c) Submission to Congress.--The Secretary shall--
(1) review the feasibility study under subsection (a)(1);
and
(2) if the Secretary determines that the proposed
modifications are consistent with the authorized purposes of
the project and the study meets the same legal and regulatory
requirements of a Post Authorization Change Report that would
be otherwise undertaken by the Secretary, submit to Congress
the study for authorization of the modification.
SEC. 5216. STUDIES FOR MODIFICATION OF PROJECT PURPOSES IN
THE COLORADO RIVER BASIN IN ARIZONA.
(a) Study.--The Secretary shall carry out a study of a
project of the Corps of Engineers in the Colorado River Basin
in the State of Arizona to determine whether to include water
supply as a project purpose of that project if a request for
such a study to modify the project purpose is made to the
Secretary by--
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-
Federal interest, the Governor of the State of Arizona.
[[Page S5098]]
(b) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with relevant State and local
authorities in carrying out this section.
(c) Recommendations.--If, after carrying out a study under
subsection (a) with respect to a project described in that
subsection, the Secretary determines that water supply should
be included as a project purpose for that project, 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 recommendation for the modification of the
project purpose of that project.
SEC. 5217. NON-FEDERAL INTEREST PREPARATION OF WATER
REALLOCATION STUDIES, NORTH DAKOTA.
Section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b) is amended by adding at the following:
``(f) Non-Federal Interest Preparation.--
``(1) In general.--In accordance with this subsection, a
non-Federal interest may carry out a water reallocation study
at a reservoir project constructed by the Corps of Engineers
and located in the State of North Dakota.
``(2) Submission.--On completion of the study under
paragraph (1), the non-Federal interest shall submit to the
Secretary the results of the study.
``(3) Guidelines.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall issue
guidelines for the formulation of a water reallocation study
carried out by a non-Federal interest under this subsection.
``(B) Requirements.--The guidelines under subparagraph (A)
shall contain provisions that--
``(i) ensure that any water reallocation study with respect
to which the Secretary submits an assessment under paragraph
(6) complies with all of the requirements that would apply to
a water reallocation study undertaken by the Secretary; and
``(ii) provide sufficient information for the formulation
of the water reallocation studies, including processes and
procedures related to reviews and assistance under paragraph
(7).
``(4) Agreement.--Before carrying out a water reallocation
study under paragraph (1), the Secretary and the non-Federal
interest shall enter into an agreement.
``(5) Review by secretary.--
``(A) In general.--The Secretary shall review each water
reallocation study received under paragraph (2) for the
purpose of determining whether or not the study, and the
process under which the study was developed, comply with
Federal laws and regulations applicable to water reallocation
studies.
``(B) Timing.--The Secretary may not submit to Congress an
assessment of a water reallocation study under paragraph (1)
until such time as the Secretary--
``(i) determines that the study complies with all of the
requirements that would apply to a water reallocation study
carried out by the Secretary; and
``(ii) completes all of the Federal analyses, reviews, and
compliance processes under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), that would be required
with respect to the proposed action if the Secretary had
carried out the water reallocation study.
``(6) Submission to congress.--Not later than 180 days
after the completion of review of a water reallocation study
under paragraph (5), 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 assessment that--
``(A) describes--
``(i) the results of that review;
``(ii) based on the results of the water allocation study,
any structural or operations changes at the reservoir project
that would occur if the water reallocation is carried out;
and
``(iii) based on the results of the water reallocation
study, any effects to the authorized purposes of the
reservoir project that would occur if the water reallocation
is carried out; and
``(B) includes a determination by the Secretary of whether
the modifications recommended under the study are those
described in subsection (e).
``(7) Review and technical assistance.--
``(A) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to carry out the reviews
and other activities that are the responsibility of the
Secretary in carrying out this subsection.
``(B) Technical assistance.--At the request of the non-
Federal interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any aspect
of a water reallocation study if the non-Federal interest
contracts with the Secretary to pay all costs of providing
that technical assistance.
``(C) Impartial decisionmaking.--In carrying out this
subsection, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either
substantively or procedurally.
``(D) Savings provision.--The provision of technical
assistance by the Secretary under subparagraph (B)--
``(i) shall not be considered to be an approval or
endorsement of the water reallocation study; and
``(ii) shall not affect the responsibilities of the
Secretary under paragraphs (5) and (6).''.
SEC. 5218. TECHNICAL CORRECTION, WALLA WALLA RIVER.
Section 8201(a) of the Water Resources Development Act of
2022 (136 Stat. 3744) is amended--
(1) by striking paragraph (76) and inserting the following:
``(76) Nursery reach, walla walla river, oregon.--Project
for ecosystem restoration, Nursery Reach, Walla Walla River,
Oregon.'';
(2) by redesignating paragraphs (92) through (94) as
paragraphs (93) through (95), respectively; and
(3) by inserting after paragraph (91) the following:
``(92) Mill creek, walla walla river basin, washington.--
Project for ecosystem restoration, Mill Creek and Mill Creek
Flood Control Zone District Channel, Washington.''.
SEC. 5219. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729(d) of the Water Resources Development Act of
1986 (33 U.S.C. 2267a(d)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(14) the Walla Walla River Basin; and
``(15) the San Francisco Bay Basin.''.
SEC. 5220. INDEPENDENT PEER REVIEW.
Section 2034(h)(2) of the Water Resources Development Act
of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking ``17
years'' and inserting ``22 years''.
SEC. 5221. ICE JAM PREVENTION AND MITIGATION.
(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 efforts by the Secretary
to prevent and mitigate flood damages associated with ice
jams.
(b) Inclusion.--The Secretary shall include in the report
under subsection (a)--
(1) an assessment of the projects carried out pursuant to
section 1150 of the Water Resources Development Act of 2016
(33 U.S.C. 701s note; Public Law 114-322), if applicable; and
(2) a description of--
(A) the challenges associated with preventing and
mitigating ice jams;
(B) the potential measures that may prevent or mitigate ice
jams, including the extent to which additional research and
the development and deployment of technologies are necessary;
and
(C) actions taken by the Secretary to provide non-Federal
interests with technical assistance, guidance, or other
information relating to ice jam events; and
(D) how the Secretary plans to conduct outreach and
engagement with non-Federal interests and other relevant
State and local agencies to facilitate an understanding of
the circumstances in which ice jams could occur and the
potential impacts to critical public infrastructure from ice
jams.
SEC. 5222. REPORT ON HURRICANE AND STORM DAMAGE RISK
REDUCTION DESIGN GUIDELINES.
(a) Definitions.--In this section:
(1) Guidelines.--The term ``guidelines'' means the
Hurricane and Storm Damage Risk Reduction Design Guidelines
of the Corps of Engineers.
(2) Larose to golden meadow hurricane protection system.--
The term ``Larose to Golden Meadow Hurricane Protection
System'' means the project for hurricane-flood protection,
Grand Isle and Vicinity, Louisiana, authorized by section 204
of the Flood Control Act of 1965 (79 Stat. 1077).
(b) Report.--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 that compares--
(1) the guidelines; and
(2) the construction methods used by the South Lafourche
Levee District for the levees and flood control structures of
the Larose to Golden Meadow Hurricane Protection System.
(c) Inclusions.--The report under subsection (b) shall
include--
(1) a description of--
(A) the guidelines;
(B) the construction methods used by the South Lafourche
Levee District for levees and flood control structures of the
Larose to Golden Meadow Hurricane Protection System; and
(C) any deviations identified between the guidelines and
the construction methods described in subparagraph (B); and
(2) an analysis by the Secretary of geotechnical and other
relevant data from the land adjacent to the levees and flood
control structures constructed by the South Lafourche Levee
District to determine the effectiveness of those structures.
SEC. 5223. BRIEFING ON STATUS OF CERTAIN ACTIVITIES ON THE
MISSOURI RIVER.
(a) In General.--Not later than 30 days after the date on
which the consultation under section 7 of the Endangered
Species
[[Page S5099]]
Act of 1973 (16 U.S.C. 1536) that was reinitiated by the
Secretary for the operation of the Missouri River Mainstem
Reservoir System, the operation and maintenance of the Bank
Stabilization and Navigation Project, the operation of the
Kansas River Reservoir System, and the implementation of the
Missouri River Recovery Management Plan is completed, the
Secretary shall brief the Committee on the Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the outcomes of that consultation.
(b) Requirements.--The briefing under subsection (a) shall
include a discussion of--
(1) any biological opinions that result from the
consultation, including any actions that the Secretary is
required to undertake pursuant to such biological opinions;
and
(2) any forthcoming requests from the Secretary to Congress
to provide funding in order carry out the actions described
in paragraph (1).
SEC. 5224. REPORT ON MATERIAL CONTAMINATED BY A HAZARDOUS
SUBSTANCE AND THE CIVIL WORKS PROGRAM.
(a) Report.--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 that describes the impact
of material contaminated by a hazardous substance on the
civil works program of the Corps of Engineers.
(b) Requirements.--In developing the report under
subsection (a), the Secretary shall--
(1) describe--
(A) with respect to water resources development projects--
(i) the applicable statutory authorities that require the
removal of material contaminated by a hazardous substance;
and
(ii) the roles and responsibilities of the Secretary and
non-Federal interests for removing material contaminated by a
hazardous substance; and
(B) any regulatory actions or decisions made by another
Federal agency that impact--
(i) the removal of material contaminated by a hazardous
substance; and
(ii) the ability of the Secretary to carry out the civil
works program of the Corps of Engineers;
(2) discuss the impact of material contaminated by a
hazardous substance on--
(A) the timely completion of construction of water
resources development projects;
(B) the operation and maintenance of water resources
development projects, including dredging activities of the
Corps of Engineers to maintain authorized Federal depths at
ports and along the inland waterways; and
(C) costs associated with carrying out the civil works
program of the Corps of Engineers;
(3) include any other information that the Secretary
determines to be appropriate to facilitate an understanding
of the impact of material contaminated by a hazardous
substance on the civil works program of the Corps of
Engineers; and
(4) propose any legislative recommendations to address any
issues identified in paragraphs (1) through (3).
SEC. 5225. REPORT ON EFFORTS TO MONITOR, CONTROL, AND
ERADICATE INVASIVE SPECIES.
(a) Definition of Invasive Species.--In this section, the
term ``invasive species'' has the meaning given the term in
section 1 of Executive Order 13112 (42 U.S.C. 4321 note;
relating to invasive species).
(b) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct, 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, an assessment of the efforts by the Secretary
to monitor, control, and eradicate invasive species at water
resources development projects across the United States.
(c) Requirements.--The report under subsection (b) shall
include--
(1) a description of--
(A) the statutory authorities and programs used by the
Secretary to monitor, control, and eradicate invasive
species; and
(B) a geographically diverse sample of successful projects
and activities carried out by the Secretary to monitor,
control, and eradicate invasive species;
(2) a discussion of--
(A) the impact of invasive species on the ability of the
Secretary to carry out the civil works program of the Corps
of Engineers, with a particular emphasis on impact of
invasive species to the primary missions of the Corps of
Engineers;
(B) the research conducted and techniques and technologies
used by the Secretary consistent with the applicable
statutory authorities described in paragraph (1)(A) to
monitor, control, and eradicate invasive species; and
(C) the extent to which the Secretary has partnered with
States and units of local government to monitor, control, and
eradicate invasive species within the boundaries of those
States or units of local government;
(3) an update on the status of the plan developed by the
Secretary pursuant to section 1108(c) of the Water Resources
Development Act of 2018 (33 U.S.C. 2263a(c)); and
(4) recommendations, including legislative recommendations,
to further the efforts of the Secretary to monitor, control,
and eradicate invasive species.
SEC. 5226. J. STROM THURMOND LAKE, GEORGIA.
(a) Encroachment Resolution Plan.--
(1) In general.--Subject to paragraph (2), 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, an encroachment resolution plan for a
portion of the project for flood control, recreation, and
fish and wildlife management, J. Strom Thurmond Lake, Georgia
and South Carolina, authorized by section 10 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 894, chapter 665).
(2) Limitation.--The encroachment resolution plan under
paragraph (1) shall only apply to the portion of the J. Strom
Thurmond Lake that is located within the State of Georgia.
(b) Contents.--Subject to subsection (c), the encroachment
resolution plan under subsection (a) shall include--
(1) a description of the nature and number of
encroachments;
(2) a description of the circumstances that contributed to
the development of the encroachments;
(3) an assessment of the impact of the encroachments on
operation and maintenance of the project described in
subsection (a) for its authorized purposes;
(4) an analysis of alternatives to the removal of
encroachments to mitigate any impacts identified in the
assessment under paragraph (3);
(5) a description of any actions necessary or advisable to
prevent further encroachments; and
(6) an estimate of the cost and timeline to carry out the
plan, including actions described under paragraph (5).
(c) Restriction.--To the maximum extent practicable, the
encroachment resolution plan under subsection (a) shall
minimize adverse impacts to private landowners while
maintaining the functioning of the project described in that
subsection for its authorized purposes.
(d) Notice and Public Comment.--
(1) To owners.--In preparing the encroachment resolution
plan under subsection (a), not later than 30 days after the
Secretary identifies an encroachment, the Secretary shall
notify the owner of the encroachment.
(2) To public.--The Secretary shall provide an opportunity
for the public to comment on the encroachment resolution plan
under subsection (a) before the completion of the plan.
(e) Moratorium.--The Secretary shall not take action to
compel removal of an encroachment covered by the encroachment
resolution plan under subsection (a) unless Congress
specifically authorizes such action.
(f) Savings Provision.--This section does not--
(1) grant any rights to the owner of an encroachment; or
(2) impose any liability on the United States for operation
and maintenance of the project described in subsection (a)
for its authorized purposes.
SEC. 5227. STUDY ON LAND VALUATION PROCEDURES FOR THE TRIBAL
PARTNERSHIP PROGRAM.
(a) Definition of Tribal Partnership Program.--In this
section, the term ``Tribal Partnership Program'' means the
Tribal Partnership Program established under section 203 of
the Water Resources Development Act of 2000 (33 U.S.C. 2269).
(b) Study Required.--Not later than 1 year after the date
of enactment of this Act, 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
describing the results of, a study on appropriate procedures
for determining the value of real estate and cost-share
contributions for projects under the Tribal Partnership
Program.
(c) Requirements.--The report required under subsection (b)
shall include--
(1) an evaluation of the procedures used for determining
the valuation of real estate and contribution of real estate
value to cost-share for projects under the Tribal Partnership
Program, including consideration of cultural factors that are
unique to the Tribal Partnership Program and land valuation;
(2) a description of any existing Federal authorities that
the Secretary intends to use to implement policy changes that
result from the evaluation under paragraph (1); and
(3) recommendations for any legislation that may be needed
to revise land valuation or cost-share procedures for the
Tribal Partnership Program pursuant to the evaluation under
paragraph (1).
SEC. 5228. REPORT TO CONGRESS ON LEVEE SAFETY GUIDELINES.
(a) Definition of Levee Safety Guidelines.--In this
section, the term ``levee safety guidelines'' means the levee
safety guidelines established under section 9005(c) of the
Water Resources Development Act of 2007 (33 U.S.C. 3303a(c)).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with
other applicable Federal agencies, 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 levee safety
guidelines.
[[Page S5100]]
(c) Inclusions.--The report under subsection (b) shall
include--
(1) a description of--
(A) the levee safety guidelines;
(B) the process utilized to develop the levee safety
guidelines; and
(C) the extent to which the levee safety guidelines are
being used by Federal, State, Tribal, and local agencies;
(2) an assessment of the requirement for the levee safety
guidelines to be voluntary and a description of actions taken
by the Secretary and other applicable Federal agencies to
ensure that the guidelines are voluntary; and
(3) any recommendations of the Secretary, including the
extent to which the levee safety guidelines should be
revised.
SEC. 5229. PUBLIC-PRIVATE PARTNERSHIP USER'S GUIDE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and make
publicly available on an existing website of the Corps of
Engineers a guide on the use of public-private partnerships
for water resources development projects.
(b) Inclusions.--In developing the guide under subsection
(a), the Secretary shall include--
(1) a description of--
(A) applicable authorities and programs of the Secretary
that allow for the use of public-private partnerships to
carry out water resources development projects; and
(B) opportunities across the civil works program of the
Corps of Engineers for the use of public-private
partnerships, including at recreational facilities;
(2) a summary of prior public-private partnerships for
water resources development projects, including lessons
learned and best practices from those partnerships and
projects;
(3) a discussion of--
(A) the roles and responsibilities of the Corps of
Engineers and non-Federal interests when using a public-
private partnership for a water resources development
project, including the opportunities for risk-sharing; and
(B) the potential benefits associated with using a public-
private partnership for a water resources development
project, including the opportunities to accelerate funding as
compared to the annual appropriations process; and
(4) a description of the process for executing a project
partnership agreement for a water resources development
project, including any unique considerations when using a
public-private partnership.
(c) Flexibility.--The Secretary may satisfy the
requirements of this section by modifying an existing
partnership handbook in accordance with this section.
SEC. 5230. REVIEW OF AUTHORITIES AND PROGRAMS FOR ALTERNATIVE
PROJECT DELIVERY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act and subject to subsections (b) and (c),
the Secretary shall carry out a study of the authorities and
programs of the Corps of Engineers that facilitate the use of
alternative project delivery methods for water resources
development projects, including public-private partnerships.
(b) Authorities and Programs Included.--In carrying out the
study under subsection (a), the authorities and programs that
are studied shall include any programs and authorities
under--
(1) section 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2232);
(2) section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b); and
(3) section 5014 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(c) Report.--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--
(1) describes the findings of the study under subsection
(a); and
(2) includes--
(A) an assessment of how each authority and program
included in the study under subsection (a) has been used by
the Secretary;
(B) a list of the water resources development projects that
have been carried out pursuant to the authorities and
programs included in the study under subsection (a);
(C) a discussion of the implementation challenges, if any,
associated with the authorities and programs included in the
study under subsection (a);
(D) a description of lessons learned and best practices
identified by the Secretary from carrying out the authorities
and programs included in the study under subsection (a); and
(E) any recommendations, including legislative
recommendations, that result from the study under subsection
(a).
SEC. 5231. REPORT TO CONGRESS ON EMERGENCY RESPONSE
EXPENDITURES.
(a) In General.--The Secretary shall conduct a review of
emergency response expenditures from the emergency fund
authorized 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)) (referred to in
this section as the ``Flood Control and Coastal Emergencies
Account'') and from post-disaster supplemental appropriations
Acts during the period of fiscal years 2013 through 2023.
(b) Report to Congress.--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 that includes the results
of the review under subsection (a), including--
(1) for each of fiscal years 2013 through 2023, a summary
of--
(A) annual expenditures from the Flood Control and Coastal
Emergencies Account;
(B) annual budget requests for that account; and
(C) any activities, including any reprogramming, that may
have been required to cover any annual shortfall in that
account;
(2) a description of the contributing factors that resulted
in any annual variability in the amounts described in
subparagraphs (A) and (B) of paragraph (1) and activities
described in subparagraph (C) of that paragraph;
(3) an assessment and a description of future budget needs
of the Flood Control and Coastal Emergencies Account based on
trends observed and anticipated by the Secretary; and
(4) an assessment and a description of the use and impact
of funds from post-disaster supplemental appropriations on
emergency response activities.
SEC. 5232. EXCESS LAND REPORT FOR CERTAIN PROJECTS IN NORTH
DAKOTA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and subject to subsection (b), the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies any real property
associated with the project of the Corps of Engineers at Lake
Oahe, North Dakota, that the Secretary determines--
(1) is not needed to carry out the authorized purposes of
the project; and
(2) may be transferred to the Standing Rock Sioux Tribe to
support recreation opportunities for the Tribe, including, at
a minimum--
(A) Walker Bottom Marina, Lake Oahe;
(B) Fort Yates Boat Ramp, Lake Oahe;
(C) Cannonball District, Lake Oahe; and
(D) any other recreation opportunities identified by the
Tribe.
(b) Inclusion.--If the Secretary determines that there is
not any real property that may be transferred to the Standing
Rock Sioux Tribe as described in subsection (a), the
Secretary shall include in the report required under that
subsection--
(1) a list of the real property considered by the
Secretary;
(2) an explanation of why the real property identified
under paragraph (1) is needed to carry out the authorized
purposes of the project described in subsection (a); and
(3) a description of how the Secretary has recently
utilized the real property identified under paragraph (1) to
carry out the authorized purpose of the project described in
subsection (a).
SEC. 5233. GAO STUDIES.
(a) Review of the Accuracy of Project Cost Estimates.--
(1) Review.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall initiate a review of the accuracy of the
project cost estimates developed by the Corps of Engineers
for completed and ongoing water resources development
projects carried out by the Secretary.
(B) Requirements.--In carrying out subparagraph (A), the
Comptroller General shall determine the factors, if any, that
impact the accuracy of the estimates described in that
subparagraph, including--
(i) applicable statutory requirements, including--
(I) section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c); and
(II) section 905(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2282(b))]; and
(ii) applicable guidance, regulations, and policies of the
Corps of Engineers.
(C) Incorporation of previous report.--In carrying out
subparagraph (A), the Comptroller General may incorporate
applicable information from the report carried out by the
Comptroller General under section 8236(c) of the Water
Resources Development Act of 2022 (136 Stat. 3769).
(2) Report.--On completion of the review conducted under
paragraph (1), the Comptroller General 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 and any recommendations that result from the review.
(b) Report on Project Lifespan and Indemnification Clause
in Project Partnership Agreements.--
(1) Definitions.--In this subsection:
(A) Indemnification clause.--The term ``indemnification
clause'' means the indemnification clause required in project
partnership agreements for water resources development
projects under sections 101(e)(2) and 103(j)(1)(A) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(e)(2), 2213(j)(1)(A)).
[[Page S5101]]
(B) OMRR&R.--The term ``OMRR&R'', with respect to a water
resources development project, means operation, maintenance,
repair, replacement, and rehabilitation.
(2) Sense of congress.--It is the sense of Congress that--
(A) there are significant concerns about whether--
(i) the indemnification clause, which was first applied in
1910 to flood control projects, should still be included in
project partnership agreements prepared by the Corps of
Engineers for water resources development projects; and
(ii) non-Federal interests for water resources development
projects should be required to assume full responsibility for
OMRR&R of water resources development projects in perpetuity;
(B) non-Federal interests have reported that the
indemnification clause and OMRR&R requirements are a barrier
to entering into project partnership agreements with the
Corps of Engineers;
(C) critical water resources development projects are being
delayed by years, or not pursued at all, due to the barriers
described in subparagraph (B); and
(D) legal structures have changed since the indemnification
clause was first applied and there may be more suitable tools
available to address risk and liability issues.
(3) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall conduct
an analysis of the implications of--
(A) the indemnification clause; and
(B) the assumption of OMRR&R responsibilities by non-
Federal interests in perpetuity for water resources
development projects.
(4) Inclusions.--The analysis under paragraph (3) shall
include--
(A) a review of risk for the Federal Government and non-
Federal interests with respect to removing requirements for
the indemnification clause;
(B) an assessment of whether the indemnification clause is
still necessary given the changes in engineering, legal
structures, and water resources development projects since
1910, with a focus on the quantity and types of claims and
takings over time;
(C) an identification of States with State laws that
prohibit those States from entering into agreements that
include an indemnification clause;
(D) a comparison to other Federal agencies with respect to
how those agencies approach indemnification and OMRR&R
requirements in projects, if applicable;
(E) a review of indemnification and OMRR&R requirements for
projects that States require with respect to agreements with
cities and localities, if applicable;
(F) an analysis of the useful lifespan of water resources
development projects, including any variations in that
lifespan for different types of water resources development
projects and how changing weather patterns and increased
extreme weather events impact that lifespan;
(G) a review of situations in which non-Federal interests
have been unable to meet OMRR&R requirements; and
(H) a review of policy alternatives to OMRR&R requirements,
such as allowing extension, reevaluation, or deauthorization
of water resources development projects.
(5) Report.--On completion of the analysis under paragraph
(3), the Comptroller General 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 includes--
(A) the results of the analysis; and
(B) any recommendations for changes needed to existing law
or policy of the Corps of Engineers to address those results.
(c) Review of Certain Permits.--
(1) Definition of section 408 program.--In this subsection,
the term ``section 408 program'' means the program
administered by the Secretary pursuant to 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).
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
a review of the section 408 program.
(3) Requirements.--The review by the Comptroller General
under paragraph (2) shall include, at a minimum--
(A) an identification of trends related to the number and
types of permits applied for each year under the section 408
program;
(B) an evaluation of--
(i) the materials developed by the Secretary to educate
potential applicants about--
(I) the section 408 program; and
(II) the process for applying for a permit under the
section 408 program;
(ii) the public website of the Corps of Engineers that
tracks the status of permits issued under the section 408
program, including whether the information provided by the
website is updated in a timely manner;
(iii) the ability of the districts and divisions of the
Corps of Engineers to consistently administer the section 408
program; and
(iv) the extent to which the Secretary carries out the
process for issuing a permit under the section 408 program
concurrently with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
applicable;
(C) a determination of the factors, if any, that impact the
ability of the Secretary to adhere to the timelines required
for reviewing and making a decision on an application for a
permit under the section 408 program; and
(D) ways to expedite the review of applications for permits
under the section 408 program, including the use of
categorical permissions.
(4) Report.--On completion of the review under paragraph
(2), the Comptroller General 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 and
any recommendations that result from the review.
(d) Corps of Engineers Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of opportunities for the Corps of Engineers to
modernize the civil works program through the use of
technology, where appropriate, and the best available
engineering practices.
(2) Inclusions.--In conducting the analysis under paragraph
(1), the Comptroller General of the United States shall
include an assessment of the extent to which--
(A) existing engineering practices and technologies could
be better utilized by the Corps of Engineers--
(i) to improve study, planning, and design efforts of the
Corps of Engineers to further the benefits of water resources
development projects of the Corps of Engineers;
(ii) to reduce delays of water resources development
projects, including through the improvement of environmental
review and permitting processes;
(iii) to provide cost savings over the lifecycle of a
project, including through improved design processes or a
reduction of operation and maintenance costs; and
(iv) to improve data collection and data sharing
capabilities; and
(B) the Corps of Engineers--
(i) currently utilizes the engineering practices and
technologies identified under subparagraph (A), including any
challenges associated with acquisition and application;
(ii) has effective processes to share best practices
associated with the engineering practices and technologies
identified under subparagraph (A) among the districts,
divisions, and headquarters of the Corps of Engineers; and
(iii) partners with National Laboratories, academic
institutions, and other Federal agencies.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General 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 and
any recommendations that result from the analysis.
(e) Study on Easements Related to Water Resources
Development Projects.--
(1) Definition of covered easement.--In this subsection,
the term ``covered easement'' has the meaning given the term
in section 8235(c) of the Water Resources Development Act of
2022 (136 Stat. 3768).
(2) Study on easements related to water resources
development projects.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
initiate an analysis of the use of covered easements that may
be provided to the Secretary by non-Federal interests in
relation to the construction, operation, or maintenance of a
project for flood risk management, hurricane and storm damage
risk reduction, or ecosystem restoration.
(3) Scope.--In carrying out the analysis under paragraph
(2), the Comptroller General of the United States shall--
(A) review--
(i) the report submitted by the Secretary under section
8235(b) of the Water Resources Development Act of 2022 (136
Stat. 3768); and
(ii) the existing statutory, regulatory, and policy
requirements and procedures relating to the use of covered
easements; and
(B) assess--
(i) the minimum rights in property that are necessary to
construct, operate, or maintain projects for flood risk
management, hurricane and storm damage risk reduction, or
ecosystem restoration;
(ii) whether increased use of covered easements in relation
to projects described in clause (i) could promote greater
participation from cooperating landowners in addressing local
flooding or ecosystem restoration challenges;
(iii) whether such increased use could result in cost
savings in the implementation of the projects described in
clause (i), without any reduction in project benefits; and
(iv) the extent to which the Secretary should expand what
is considered by the Secretary to be part of a series of
estates deemed standard for construction, operation, or
maintenance of a project for flood risk management, hurricane
and storm damage risk reduction, or ecosystem restoration.
(4) Report.--On completion of the analysis under paragraph
(2), 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
[[Page S5102]]
findings of the analysis, including any recommendations,
including legislative recommendations, as a result of the
analysis.
(f) Modernization of Environmental Reviews.--
(1) Definition of project study.--In this subsection, 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).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General 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
efforts of the Secretary to facilitate improved environmental
review processes for project studies, including through the
consideration of expanded use of categorical exclusions,
environmental assessments, or programmatic environmental
impact statements.
(3) Requirements.--In completing the report under paragraph
(2), the Comptroller General of the United States shall--
(A) describe the actions the Secretary is taking or plans
to take to implement the amendments to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
made by section 321 of the Fiscal Responsibility Act of 2023
(Public Law 118-5; 137 Stat. 38);
(B) describe the existing categorical exclusions most
frequently used by the Secretary to streamline the
environmental review of project studies;
(C) consider--
(i) whether the adoption of additional categorical
exclusions, including those used by other Federal agencies,
would facilitate the environmental review of project studies;
(ii) whether the adoption of new programmatic environmental
impact statements would facilitate the environmental review
of project studies; and
(iii) whether agreements with other Federal agencies would
facilitate a more efficient process for the environmental
review of project studies; and
(D) identify--
(i) any discrepancies or conflicts, as applicable, between
the amendments to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) made by section 321 of the
Fiscal Responsibility Act of 2023 (Public Law 118-5; 137
Stat. 38) and--
(I) section 2045 of the Water Resources Development Act of
2007 (33 U.S.C. 2348); and
(II) section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c); and
(ii) other issues, as applicable, relating to section 2045
of the Water Resources Development Act of 2007 (33 U.S.C.
2348) that are impeding the implementation of that section
consistent with congressional intent.
(g) Study on Dredged Material Disposal Site Construction.--
(1) In general.--The Comptroller General shall conduct a
study that--
(A) assesses the costs and limitations of the construction
of various types of dredged material disposal sites, with a
particular focus on aquatic confined placement structures in
the Lower Columbia River; and
(B) includes a comparison of--
(i) the operation and maintenance needs and costs
associated with the availability of aquatic confined
placement structures; and
(ii) the operation and maintenance needs and costs
associated with the lack of availability of aquatic confined
placement structures.
(2) Report.--On completion of the study under paragraph
(1), the Comptroller General 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 study, and
any recommendations that result from that study.
(h) GAO Study on Distribution of Funding From the Harbor
Maintenance Trust Fund.--
(1) Definition of harbor maintenance trust fund.--In this
subsection, the term ``Harbor Maintenance Trust Fund'' means
the Harbor Maintenance Trust Fund established by section
9505(a) of the Internal Revenue Code of 1986.
(2) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of the distribution of funding from the Harbor
Maintenance Trust Fund.
(3) Requirements.--In conducting the analysis under
paragraph (2), the Comptroller General shall assess--
(A) the implementation of provisions related to the Harbor
Maintenance Trust Fund in the Water Resources Development Act
of 2020 (134 Stat. 2615) and the amendments made by that Act
by the Corps of Engineers, including--
(i) changes to the budgetary treatment of funding from the
Harbor Maintenance Trust Fund; and
(ii) amendments to the definitions of the terms ``donor
ports'', ``medium-sized donor parts'', and ``energy transfer
ports'' under section 2106(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c(a)), including--
(I) the reliability of metrics, data for those metrics, and
sources for that data used by the Corps of Engineers to
determine if a port satisfies the requirements of 1 or more
of those definitions; and
(II) the extent of the impact of cyclical dredging cycles
for operations and maintenance activities and deep draft
navigation construction projects on the ability of ports to
meet the requirements of 1 or more of those definitions; and
(B) the amount of Harbor Maintenance Trust Fund funding in
the annual appropriations Acts enacted after the date of
enactment of the Water Resources Development Act of 2020 (134
Stat. 2615), including an analysis of--
(i) the allocation of funding to donor ports and energy
transfer ports (as those terms are defined in section 2106(a)
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2238c(a))) and the use of that funding by those ports;
(ii) activities funded pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238); and
(iii) challenges associated with expending the remaining
balance of the Harbor Maintenance Trust Fund.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report describing the findings of the
analysis and any recommendations that result from that
analysis.
(i) Study on Environmental Justice.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General 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--
(A) the costs and benefits of the environmental justice
initiatives of the Secretary with respect to the civil works
program; and
(B) the positive and negative effects on the civil works
program of those environmental justice initiatives.
(2) Inclusions.--The report under paragraph (1) shall
include, at a minimum, a review of projects carried out by
the Secretary during fiscal year 2023 and fiscal year 2024
pursuant to the environmental justice initiatives of the
Secretary with respect to the civil works program.
SEC. 5234. PRIOR REPORTS.
(a) Reports.--The Secretary shall prioritize the completion
of the reports required pursuant to the following provisions:
(1) Section 2036(b) of the Water Resources Development Act
of 2007 (33 U.S.C. 2283a).
(2) Section 1008(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2321b(c)).
(3) Section 164(c) of the Water Resources Development Act
of 2020 (134 Stat. 2668).
(4) Section 226(a) of the Water Resources Development Act
of 2020 (134 Stat. 2697).
(5) Section 503(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(6) Section 509(a)(7) of the Water Resources Development
Act of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(7) Section 8205(a) of the Water Resources Development Act
of 2022 (136 Stat. 3754).
(8) Section 8206(c) of the Water Resources Development Act
of 2022 (136 Stat. 3756).
(9) Section 8218 of the Water Resources Development Act of
2022 (136 Stat. 3761).
(10) Section 8227(b) of the Water Resources Development Act
of 2022 (136 Stat. 3764).
(11) Section 8232(b) of the Water Resources Development Act
of 2022 (136 Stat. 3766).
(b) Notice.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a written notification of the status
of each report described in subsection (a).
(2) Contents.--As part of the notification under paragraph
(1), the Secretary shall include for each report described in
subsection (a)--
(A) a description of the status of the report; and
(B) if not completed, a timeline for the completion of the
report.
SEC. 5235. BRIEFING ON STATUS OF CAPE COD CANAL BRIDGES,
MASSACHUSETTS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall brief the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on the status of the project for the
replacement of the Bourne and Sagamore Highway Bridges that
cross the Cape Cod Canal Federal Navigation Project.
(b) Requirements.--The briefing under subsection (a) shall
include discussion of--
(1) the current status of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and expected timelines for completion;
(2) project timelines and relevant paths to move the
project described in that subsection toward completion; and
(3) any issues that are impacting the delivery of the
project described in that subsection.
SEC. 5236. VIRGINIA PENINSULA COASTAL STORM RISK MANAGEMENT,
VIRGINIA.
(a) In General.--In carrying out the feasibility study for
flood risk management, ecosystem restoration, and navigation,
Coastal Virginia, authorized by section 1201(9) of the Water
Resources Development Act of 2018
[[Page S5103]]
(132 Stat. 3802), the Secretary is authorized to use funds
made available to the Secretary for water resources
development investigations to analyze, at full Federal
expense, a measure benefitting Federal land under the
administrative jurisdiction of another Federal agency.
(b) Savings Provisions.--Nothing in this section--
(1) precludes--
(A) a Federal agency with administrative jurisdiction over
Federal land in the study area from contributing funds for
any portion of the cost of analyzing a measure as part of the
study described in subsection (a) that benefits that land; or
(B) the Secretary, at the request of the non-Federal
interest for the study described in subsection (a), 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; or
(2) waives the cost-sharing requirements of a Federal
agency for the construction of an authorized water resources
development project or a separable element of that project
that results from the study described in subsection (a).
SEC. 5237. ALLEGHENY RIVER, PENNSYLVANIA.
It is the sense of Congress that--
(1) the Allegheny River is an important waterway that can
be utilized more to support recreational, environmental, and
navigation needs in Pennsylvania;
(2) ongoing efforts to increase utilization of the
Allegheny River will require consistent hours of service at
key locks and dams; and
(3) to the maximum extent practicable, the lockage levels
of service at locks and dams along the Allegheny River should
be preserved until after the completion of the study
authorized by section 201(a)(55).
SEC. 5238. NEW YORK AND NEW JERSEY HARBOR AND TRIBUTARIES
FOCUS AREA FEASIBILITY STUDY.
The Secretary shall expedite the completion of the
feasibility study for coastal storm risk management, New York
and New Jersey, including evaluation of comprehensive flood
risk in accordance with section 8106 of the Water Resources
and Development Act of 2022 (33 U.S.C. 2282g), as applicable.
SEC. 5239. MATAGORDA SHIP CHANNEL, TEXAS.
The Federal share of the costs of the planning, design, and
construction of the Recommended Corrective Action identified
by the Corps of Engineers in the Project Deficiency Report
completed in 2020 for the project for navigation, Matagorda
Ship Channel, Texas, authorized by section 101 of the River
and Harbor Act of 1958 (72 Stat. 298), shall be 90 percent.
SEC. 5240. MATAGORDA SHIP CHANNEL IMPROVEMENT PROJECT, TEXAS.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary should provide the necessary resources to
expedite the completion of the required documentation for the
Matagorda Ship Channel Improvement Project in order to ensure
that the project is not further delayed.
(b) Expedite.--The Secretary shall, to the maximum extent
practicable, expedite the completion of the required
documentation for the Matagorda Ship Channel Improvement
Project, including--
(1) the supplemental environmental impact statement and the
associated record of decision;
(2) the dredged material management plan; and
(3) a post authorization change report, if applicable.
(c) Preconstruction Planning, Engineering, and Design.--If
the Secretary determines that the Matagorda Ship Channel
Improvement Project is justified in a completed report and if
the project requires an additional authorization from
Congress pursuant to that report, the Secretary shall proceed
directly to preconstruction planning, engineering, and design
on the project.
(d) Definition of Matagorda Ship Channel Improvement
Project.--In this section, the term ``Matagorda Ship Channel
Improvement Project'' means the project for navigation,
Matagorda Ship Channel Improvement Project, Port Lavaca,
Texas, authorized by section 401(1) of the Water Resources
Development Act of 2020 (134 Stat. 2734).
SEC. 5241. ASSESSMENT OF IMPACTS FROM CHANGING CONSTRUCTION
RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an
assessment of the impacts of amending section 101(a)(1) of
the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(1)) to authorize the construction of navigation
projects for harbors or inland harbors , or any separable
element thereof, constructed by the Secretary at 75 percent
Federal cost to a depth of 55 feet.
(b) Contents.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 50 feet or
greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet
or greater during the 10-year period beginning on the date of
enactment of this Act;
(3) assess the potential effect of authorizing construction
of a navigation project to a depth of 55 feet at 75 percent
Federal cost on other Federal navigation construction
activities, including estimates of port by port impacts over
the next 5, 10, and 20 years;
(4) estimate the potential increase in Federal costs that
would result from authorizing the construction of the
projects described in paragraph (2), including estimates of
port by port impacts over the next 5, 10, and 20 years; and
(5) subject to subsection (c), describe the potential
budgetary impact to the civil works program of the Corps of
Engineers from authorizing the construction of a navigation
project to a depth of 55 feet at 75 percent Federal cost and
authorizing operation and maintenance of a navigation project
to a depth of 55 feet at Federal expense, including estimates
of port by port impacts over the next 5, 10, and 20 years.
(c) Prior Report.--The Secretary may use information from
the assessment and the report of the Secretary under section
8206 of the Water Resources Development Act of 2022 (136
Stat. 3756) in carrying out subsection (b)(5).
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make publicly available
(including on an existing publicly available website), a
report that describes the results of the assessment carried
out under subsection (a).
SEC. 5242. DEADLINE FOR PREVIOUSLY REQUIRED LIST OF COVERED
PROJECTS.
Notwithstanding the deadline in paragraph (1) of section
8236(c) of the Water Resources Development Act of 2022 (136
Stat. 3769), the Secretary shall submit the list of covered
projects under that paragraph by not later than 30 days after
the date of enactment of this Act.
SEC. 5243. COOPERATION AUTHORITY.
(a) Assessment.--
(1) In general.--The Secretary shall carry out an
assessment of the extent to which the existing authorities
and programs of the Secretary allow the Corps of Engineers to
construct water resources development projects abroad.
(2) Report.--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--
(A) describes--
(i) the findings of the assessment under paragraph (1);
(ii) how each authority and program assessed under
paragraph (1) has been used by the Secretary to construct
water resources development projects abroad, if applicable;
and
(iii) the extent to which the Secretary partners with other
Federal agencies when carrying out such projects; and
(B) includes any recommendations that result from the
assessment under paragraph (1).
(b) Interagency and International Support Authority.--
Section 234 of the Water Resources Development Act of 1996
(33 U.S.C. 2323a) is amended--
(1) in subsection (c), by inserting ``, including the
planning and design expertise,'' after ``expertise''; and
(2) in subsection (d)(1), by striking ``$1,000,000'' and
inserting ``$2,500,000''.
TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 5301. DEAUTHORIZATIONS.
(a) Truckee Meadows, Nevada.--The project for flood
control, Truckee Meadows, Nevada, authorized by section
3(a)(10) of the Water Resources Development Act of 1988 (102
Stat. 4014) and section 7002(2) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1366) is no longer
authorized beginning on the date of enactment of this Act.
(b) Seattle Harbor, Washington.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation, Seattle
Harbor, Washington, described in paragraph (2) is no longer
authorized.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the approximately 74,490 square foot
area of the Federal channel within the East Waterway--
(A) starting at a point on the United States pierhead line
in the southwest corner of block 386 of plat of Seattle
Tidelands, T. 24 N., R. 4. E, sec.18, Willamette Meridian;
(B) thence running N9000'00''W along the projection of the
south line of block 386, 206.58 feet to the centerline of the
East Waterway;
(C) thence running N1430'00''E along the centerline and
parallel with the northwesterly line of block 386, 64.83
feet;
(D) thence running N3332'59''E, 235.85 feet;
(E) thence running N3955'22''E, 128.70 feet;
(F) thence running N1430'00''E, parallel with the
northwesterly line of block 386, 280.45 feet;
(G) thence running N9000'00''E, 70.00 feet to the pierhead
line and the northwesterly line of block 386; and
(H) thence running S1430'00''W, 650.25 feet along the
pierhead line and northwesterly line of block 386 to the
point of beginning.
(c) Cherryfield Dam, Maine.--The project for flood control,
Narraguagus River, Cherryfield Dam, Maine, authorized by, and
constructed pursuant to, section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) is
[[Page S5104]]
no longer authorized beginning on the date of enactment of
this Act.
(d) East San Pedro Bay, California.--The study for the
project for ecosystem restoration, East San Pedro Bay,
California, authorized by the resolution of the Committee on
Public Works of the Senate, dated June 25, 1969, relating to
the report of the Chief of Engineers for Los Angeles and San
Gabriel Rivers, Ballona Creek, is no longer authorized
beginning on the date of enactment of this Act.
(e) Souris River Basin, North Dakota.--The Talbott's
Nursery portion, consisting of approximately 2,600 linear
feet of levee, of stage 4 of the project for flood control,
Souris River Basin, North Dakota, authorized by section 1124
of the Water Resources Development Act of 1986 (100 Stat.
4243; 101 Stat. 1329-111), is no longer authorized beginning
on the date of enactment of this Act.
(f) Masaryktown Canal, Florida.--
(1) In general.--The portion of the project for the Four
River Basins, Florida, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183) described in paragraph
(2) is no longer authorized beginning on the date of
enactment of this Act.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the Masaryktown Canal C-534, which
spans approximately 5.5 miles from Hernando County, between
Ayers Road and County Line Road east of United States Route
41, and continues south to Pasco County, discharging into
Crews Lake.
SEC. 5302. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 136
Stat. 3808) is amended by adding at the end the following:
``(406) Glendale, arizona.--$5,200,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Glendale, Arizona.
``(407) Tohono o'odham nation, arizona.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Tohono O'odham Nation, Arizona.
``(408) Flagstaff, arizona.--$4,800,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Flagstaff, Arizona.
``(409) Tucson, arizona.--$30,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including recycled water systems), Tucson, Arizona.
``(410) Bay-delta, california.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, San Francisco Bay-
Sacramento-San Joaquin River Delta, California.
``(411) Indian wells valley, california.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Indian Wells Valley, Kern County, California.
``(412) Oakland-Alameda estuary, california.--$5,000,000
for environmental infrastructure, including water and
wastewater infrastructure (including stormwater management),
drainage systems, and water quality enhancement, Oakland-
Alameda Estuary, Oakland and Alameda Counties, California.
``(413) Tijuana river valley watershed, california.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure, Tijuana River Valley
Watershed, San Diego County, California.
``(414) El paso county, colorado.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and stormwater management, El Paso County,
Colorado.
``(415) Rehoboth beach, lewes, dewey, bethany, south
bethany, fenwick island, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Rehoboth Beach, Lewes, Dewey, Bethany, South
Bethany, and Fenwick Island, Delaware.
``(416) Wilmington, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Wilmington, Delaware.
``(417) Pickering beach, kitts hummock, bowers beach, south
bowers beach, slaughter beach, prime hook beach, milton,
milford, delaware.--$25,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, Pickering Beach, Kitts Hummock, Bowers Beach,
South Bowers Beach, Slaughter Beach, Prime Hook Beach,
Milton, and Milford, Delaware.
``(418) Coastal georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), Glynn County, Chatham
County, Bryan County, Effingham County, McIntosh County, and
Camden County, Georgia.
``(419) Columbus, henry, and clayton counties, georgia.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure (including stormwater
management), Columbus, Henry, and Clayton Counties, Georgia.
``(420) Cobb county, georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, Cobb County, Georgia.
``(421) Calumet city, illinois.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Calumet City, Illinois.
``(422) Wyandotte county and kansas city, kansas.--
$35,000,000 for water and wastewater infrastructure,
including stormwater management (including combined sewer
overflows), Wyandotte County and Kansas City, Kansas.
``(423) Easthampton, massachusetts.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including wastewater treatment plant
outfalls), Easthampton, Massachusetts.
``(424) Byram, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Byram, Mississippi.
``(425) Diamondhead, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and drainage systems, Diamondhead,
Mississippi.
``(426) Hancock county, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, Hancock County,
Mississippi.
``(427) Madison, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Madison, Mississippi.
``(428) Pearl, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Pearl, Mississippi.
``(429) New hampshire.--$20,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, New Hampshire.
``(430) Cape may county, new jersey.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Cape May County, New Jersey.
``(431) Nye county, nevada.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water wellfield and pipeline in the Pahrump
Valley), Nye County, Nevada.
``(432) Storey county, nevada.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Storey County, Nevada.
``(433) New rochelle, new york.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), New
Rochelle, New York.
``(434) Cuyahoga county, ohio.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including combined sewer overflows), Cuyahoga
County, Ohio.
``(435) Bloomingburg, ohio.--$6,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Bloomingburg, Ohio.
``(436) City of akron, ohio.--$5,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including drainage systems), City of Akron, Ohio.
``(437) East cleveland, ohio.--$13,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), East
Cleveland, Ohio.
``(438) Ashtabula county, ohio.--$1,500,000 for
environmental infrastructure, including water and wastewater
infrastructure (including water supply and water quality
enhancement), Ashtabula County, Ohio.
``(439) Struthers, ohio.--$500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including wastewater infrastructure, stormwater management,
and sewer improvements), Struthers, Ohio.
``(440) Stillwater, oklahoma.--$30,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and water supply infrastructure (including
facilities for withdrawal, treatment, and distribution),
Stillwater, Oklahoma.
``(441) Pennsylvania.--$38,600,000 for environmental
infrastructure, including water and wastewater
infrastructure, Pennsylvania.
``(442) Chesterfield county, south carolina.--$3,000,000
for water and wastewater infrastructure and other
environmental infrastructure (including stormwater
management), Chesterfield County, South Carolina.
``(443) Tipton county, tennessee.--$35,000,000 for
wastewater infrastructure and water supply infrastructure,
including facilities for withdrawal, treatment, and
distribution, Tipton County, Tennessee.
``(444) Othello, washington.--$14,000,000 for environmental
infrastructure, including water supply and storage treatment,
Othello, Washington.
``(445) College place, washington.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, College Place, Washington.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform
and Development Act of
[[Page S5105]]
2014 (33 U.S.C. 2282d), titled ``Report to Congress on Future
Water Resources Development'', or have otherwise been
reviewed by Congress.
(2) Modifications.--
(A) Alabama.--Section 219(f)(274) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 136
Stat. 3808) is amended by striking ``$50,000,000'' and
inserting ``$85,000,000''.
(B) Los angeles county, california.--Section 219(f)(93) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1259; 136 Stat. 3816) is amended by
striking ``Santa Clarity Valley'' and inserting ``Santa
Clarita Valley''.
(C) Kent, delaware.--Section 219(f)(313) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(D) New castle, delaware.--Section 219(f)(314) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(E) Sussex, delaware.--Section 219(f)(315) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(F) East point, georgia.--Section 219(f)(136) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1261; 136 Stat. 3817) is amended by striking
``$15,000,000'' and inserting ``$20,000,000''.
(G) Madison county and st. clair county, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 136
Stat. 3817) is amended--
(i) by striking ``$100,000,000'' and inserting
``$110,000,000''; and
(ii) by inserting ``(including stormwater management)''
after ``wastewater assistance''.
(H) Montgomery county and christian county, illinois.--
Section 219(f)(333) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is
amended--
(i) in the paragraph heading, by striking ``Montgomery and
christian counties'' and inserting ``Montgomery, christian,
fayette, shelby, jasper, richland, crawford, and lawrence
counties''; and
(ii) by striking ``Montgomery County and Christian County''
and inserting ``Montgomery County, Christian County, Fayette
County, Shelby County, Jasper County, Richland County,
Crawford County, and Lawrence County''.
(I) Will county, illinois.--Section 219(f)(334) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3812) is amended--
(i) in the paragraph heading, by striking ``Will county''
and inserting ``Will and grundy counties''; and
(ii) by striking ``Will County'' and inserting ``Will
County and Grundy County''.
(J) Lowell, massachusetts.--Section 219(f)(339) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3812) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
(K) Michigan.--Section 219(f)(157) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1262) is amended, in the paragraph heading, by striking
``combined sewer overflows''.
(L) Desoto county, mississippi.--Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 134 Stat. 2718) is amended by striking
``$130,000,000'' and inserting ``$144,000,000''.
(M) Jackson, mississippi.--Section 219(f)(167) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1263; 136 Stat. 3818) is amended by striking
``$125,000,000'' and inserting ``$139,000,000''.
(N) Madison county, mississippi.--Section 219(f)(351) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(O) Meridian, mississippi.--Section 219(f)(352) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(P) Rankin county, mississippi.--Section 219(f)(354) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(Q) Cincinnati, ohio.--Section 219(f)(206) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1265) is amended by striking ``$1,000,000''
and inserting ``$9,000,000''.
(R) Midwest city, oklahoma.--Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1266; 134 Stat. 2719) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
(S) Philadelphia, pennsylvania.--Section 219(f)(243) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1266) is amended--
(i) by striking ``$1,600,000'' and inserting
``$3,000,000''; and
(ii) by inserting ``water supply and'' before
``wastewater''.
(T) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 136 Stat. 3818) is amended by
striking ``$165,000,000'' and inserting ``$232,000,000''.
(U) Milwaukee, wisconsin.--Section 219(f)(405) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3816) is amended by striking ``$4,500,000''
and inserting ``$10,500,000''.
(c) Non-Federal Share.--Section 219 of the Water Resources
Development Act of 1992 (106 Stat. 4835) is amended by
striking subsection (b) and inserting the following:
``(b) Non-Federal Share.--
``(1) In general.--Except as otherwise provided in this
subsection, the non-Federal share of the cost of a project
for which assistance is provided under this section shall be
not less than 25 percent.
``(2) Economically disadvantaged communities.--The non-
Federal share of the cost of a project for which assistance
is provided under this section 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.
``(3) Ability to pay.--
``(A) In general.--The non-Federal share of the cost of a
project for which assistance is provided under this section
shall be subject to the ability of the non-Federal interest
to pay.
``(B) Determination.--The ability of a non-Federal interest
to pay shall be determined by the Secretary in accordance
with procedures established by the Secretary.
``(C) Deadline.--Not later than 60 days after the date of
enactment of the Thomas R. Carper Water Resources Development
Act of 2024, the Secretary shall issue guidance on the
procedures described in subparagraph (B).
``(4) Congressional notification.--
``(A) In general.--The Secretary shall 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 written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this section.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the Secretary shall include, for each
determination made by the Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under
paragraph (3)(B);
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
SEC. 5303. PENNSYLVANIA ENVIRONMENTAL INFRASTRUCTURE.
Section 313 of the Water Resources Development Act of 1992
(106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat.
310; 117 Stat. 142; 121 Stat. 1146; 134 Stat. 2719; 136 Stat.
3821) is amended--
(1) in the section heading, by striking ``south central'';
(2) by striking ``south central'' each place it appears;
(3) by striking subsections (c) and (h);
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(5) in paragraph (2)(A) of subsection (c) (as
redesignated), by striking ``the SARCD Council and other''.
SEC. 5304. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986
(100 Stat. 4232; 110 Stat. 3719; 136 Stat. 3782) is amended--
(1) in subsection (d)--
(A) by striking ``costs,'' and all that follows through
``except that'' and inserting ``costs, shall be as described
in the second sentence of subsection (b) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2022 (136 Stat. 3691)), except that''; and
(B) by striking ``measure benefitting'' and inserting
``measure (other than a reconnaissance study) benefitting'';
and
(2) in subsection (e), by striking ``$80,000,000'' and
inserting ``$100,000,000''.
SEC. 5305. OREGON ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--Section 8359 of the Water Resources
Development Act of 2022 (136 Stat. 3802) is amended--
(1) in the section heading, by striking ``southwestern'';
(2) in each of subsections (a) and (b), by striking
``southwestern'' each place it appears;
(3) in subsection (e)(1), by striking ``$50,000,000'' and
inserting ``$90,000,000''; and
(4) by striking subsection (f).
(b) Clerical Amendments.--
(1) NDAA.--The table of contents in section 2(b) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (136 Stat. 2430) is amended by striking the item
relating to section 8359 and inserting the following:
``Sec. 8359. Oregon.''.
(2) WRDA.--The table of contents in section 8001(b) of the
Water Resources Development Act of 2022 (136 Stat. 3694) is
amended by striking the item relating to section 8359 and
inserting the following:
``Sec. 8359. Oregon.''.
SEC. 5306. KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL
INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary shall
establish a program to provide
[[Page S5106]]
environmental assistance to non-Federal interests in Kentucky
and West Virginia.
(b) Form of Assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in Kentucky and
West Virginia, including projects for wastewater treatment
and related facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(d) Local Cooperation Agreements.--
(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 such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including
appropriate engineering plans and specifications.
(B) 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.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
local cooperation agreement under this section, the non-
Federal interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of the project
cost.
(C) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations 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 such credit may not 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.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$75,000,000 to carry out this section, to be divided between
the States described in subsection (a).
(2) 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 to administer projects
under this section.
SEC. 5307. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542(e)(1)(A) of the Water Resources Development Act
of 2000 (114 Stat. 2672) is amended by inserting ``, or in
the case of a critical restoration 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)), 10 percent of the
total costs of the project'' after ``project''.
SEC. 5308. OHIO AND NORTH DAKOTA.
Section 594(d)(3)(A) of the Water Resources Development Act
of 1999 (113 Stat. 382) is amended--
(1) in the second sentence, by striking ``The Federal share
may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(2) by striking the subparagraph designation and heading
and all that follows through ``The Federal share of'' in the
first sentence and inserting the following:
``(A) Project costs.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of''; and
(3) by inserting after clause (i) (as so designated) the
following:
``(ii) Exception.--The non-Federal share of the cost of a
project under this section 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.''.
SEC. 5309. SOUTHERN WEST VIRGINIA.
Section 340 of the Water Resources Development Act of 1992
(106 Stat. 4856; 136 Stat. 3807) is amended--
(1) in subsection (c)(3)--
(A) in the first sentence, by striking ``Total project
costs'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
total project costs''; and
(B) by adding at the end the following:
``(B) Exception.--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 total project costs under the applicable local
cooperation agreement entered into under this subsection
shall be 90 percent.
``(C) Federal share.--The Federal share of the total
project costs under this paragraph may be provided in the
same form as described in section 571(e)(3)(A) of the Water
Resources Development Act of 1999 (113 Stat. 371).'';
(2) by striking subsection (e);
(3) by redesignating subsections (f), (g), (h), and (i) as
subsections (e), (f), (g), and (h), respectively; and
(4) in subsection (f) (as so redesignated), in the first
sentence, by striking ``$140,000,000'' and inserting
``$170,000,000''.
SEC. 5310. NORTHERN WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999
(113 Stat. 371; 121 Stat. 1257; 136 Stat. 3807) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), in the first sentence, by striking
``The Federal share'' and inserting ``Except as provided in
subparagraph (B), the Federal share'';
(B) by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (C), (D), (E), and (F), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) Exception.--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 project costs under the applicable local cooperation
agreement entered into under this subsection shall be 90
percent.'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j) as
sections (g), (h), and (i), respectively; and
(4) in subsection (g) (as so redesignated), by striking
``$120,000,000'' and inserting ``$150,000,000''.
SEC. 5311. OHIO, PENNSYLVANIA, AND WEST VIRGINIA.
(a) Definitions.--In this section:
(1) Impaired water.--
(A) In general.--The term ``impaired water'' means a stream
of a watershed that is not, as of the date of an application
under this section, achieving the designated use of the
stream.
(B) Inclusion.--The term ``impaired water'' includes any
stream identified by a State under section 303(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
(2) Restoration.--
(A) In general.--The term ``restoration'', with respect to
impaired water, means the restoration of the impaired water
to such an extent that the stream could achieve its
designated use over the greatest practical number of stream-
miles, as determined using, if available, State-designated or
Tribal-designated criteria.
(B) Inclusion.--The term ``restoration'' includes the
removal of covered pollutants.
(b) Establishment of Program.--The Secretary may establish
a pilot program to provide environmental assistance to non-
Federal interests for the restoration of impaired water
impacted by acid mine drainage in Ohio, Pennsylvania, and
West Virginia.
(c) Form of Assistance.--Assistance under this section may
be in the form of technical assistance and design and
construction assistance for water-related environmental
infrastructure to address acid mine drainage, including
projects for centralized water treatment and related
facilities.
(d) Prioritization.--The Secretary shall prioritize
assistance under this section to a project that--
(1) addresses acid mine drainage from multiple sources
impacting impaired waters; or
(2) includes a centralized water treatment system to reduce
the acid mine drainage load in impaired waters.
(e) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(f) Coordination.--The Secretary shall, to the maximum
extent practicable, work with States, units of local
government, and other relevant Federal agencies to secure any
permits, variances, or approvals necessary to facilitate the
completion of projects receiving assistance under this
section.
(g) Cost-share.--The non-Federal share of the cost of a
project carried out under this section shall be 25 percent,
including provision of all land, easements, rights-of-way,
and necessary relocations.
(h) Agreements.--Construction of a project under this
section shall be initiated only after the non-Federal
interest has entered into a binding agreement with the
Secretary to pay--
(1) the non-Federal share of the costs of construction of a
project carried out under this section; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs of a project carried out
under this section.
(i) Contributed Funds.--The Secretary, with the consent of
the non-Federal interest for a project carried out under this
section, may receive or expend funds contributed by a
nonprofit entity for the project.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000, to
remain available until expended.
SEC. 5312. WESTERN RURAL WATER.
Section 595 of the Water Resources Development Act of 1999
(113 Stat. 383; 117 Stat. 1836) is amended--
(1) in subsection (a)--
[[Page S5107]]
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Non-federal interest.--The term `non-Federal
interest' includes an entity declared to be a political
subdivision of the State of New Mexico.''; and
(2) in subsection (e)(3)(A)--
(A) in the second sentence, by striking ``The Federal share
may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(B) by striking the subparagraph designation and heading
and all that follows through ``The Federal share of'' in the
first sentence and inserting the following:
``(A) Project costs.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of''; and
(C) by inserting after clause (i) (as so designated) the
following:
``(ii) Exception.--The non-Federal share of the cost of a
project under this section 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.''.
SEC. 5313. CONTINUING AUTHORITIES PROGRAMS.
(a) Removal of Obstructions; Clearing Channels.--Section 2
of the Act of August 28, 1937 (50 Stat. 877, chapter 877; 33
U.S.C. 701g), is amended--
(1) by striking ``$7,500,000'' and inserting
``$15,000,000'';
(2) by inserting ``for preventing and mitigating flood
damages associated with ice jams,'' after ``other debris,'';
and
(3) by striking ``$500,000'' and inserting ``$1,000,000''.
(b) Emergency Streambank and Shoreline Protection.--Section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by striking ``$25,000,000'' and inserting
``$40,000,000''; and
(2) by striking ``$10,000,000'' and inserting
``$15,000,000''.
(c) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c) of the Act of August 13, 1946 (60
Stat. 1056, chapter 960; 33 U.S.C. 426g(c)), is amended--
(1) in paragraph (1), by striking ``$37,500,000'' and
inserting ``$45,000,000''; and
(2) in paragraph (2)(B), by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(d) Small Flood Control Projects.--Section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) is amended--
(1) in the first sentence, by striking ``$68,750,000'' and
inserting ``$85,000,000''; and
(2) in the third sentence, by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(e) Aquatic Ecosystem Restoration.--Section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330) is
amended--
(1) in subsection (a), by adding at the end the following:
``(4) Drought resilience.--A project under this section may
include measures that enhance drought resilience through the
restoration of wetlands or the removal of invasive
species.'';
(2) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subsection (f), by striking ``$62,500,000'' and
inserting ``$75,000,000''.
(f) Project Modifications for Improvement of Environment.--
Section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a) is amended--
(1) in subsection (d), in the third sentence, by striking
``$10,000,000'' and inserting ``$15,000,000''; and
(2) in subsection (h), by striking ``$50,000,000'' and
inserting ``$60,000,000''.
(g) Shore Damage Prevention or Mitigation.--Section 111(c)
of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is
amended by striking ``$12,500,000'' and inserting
``$15,000,000''.
(h) Small River and Harbor Improvement Projects.--Section
107(b) of the River and Harbor Act of 1960 (33 U.S.C. 577(b))
is amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
(i) Regional Sediment Management.--Section 204(c)(1)(C) of
the Water Resources Development Act of 1992 (33 U.S.C.
2326(c)(1)(C)) is amended by striking ``$10,000,000'' and
inserting ``$15,000,000''.
SEC. 5314. SMALL PROJECT ASSISTANCE.
Section 165(b) of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended by
striking ``2024'' each place it appears and inserting
``2029''.
SEC. 5315. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN
PROJECT, BRANDON ROAD, WILL COUNTY, ILLINOIS.
After completion of construction of the project for
ecosystem restoration, Great Lakes and Mississippi River
Interbasin project, Brandon Road, Will County, Illinois,
authorized by section 401(5) of the Water Resources
Development Act of 2020 (134 Stat. 2740) and modified by
section 402(a) of that Act (134 Stat. 2742) and section 8337
of the Water Resources Development Act of 2022 (136 Stat.
3793), the Federal share of operation and maintenance costs
of the project shall be 90 percent.
SEC. 5316. MAMARONECK-SHELDRAKE RIVERS, NEW YORK.
The non-Federal share of the cost of features of the
project for flood risk management, Mamaroneck-Sheldrake
Rivers, New York, authorized by section 1401(2) of the Water
Resources Development Act of 2018 (132 Stat. 3837),
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.
SEC. 5317. LOWELL CREEK TUNNEL, ALASKA.
Section 5032(a)(2) of the Water Resources Development Act
of 2007 (121 Stat. 1205; 134 Stat. 2719) is amended by
striking ``20'' and inserting ``25''.
SEC. 5318. SELMA FLOOD RISK MANAGEMENT AND BANK
STABILIZATION.
(a) Repayment.--
(1) In general.--The Secretary shall expedite the review
of, and give due consideration to, the request from the City
of Selma, Alabama, that the Secretary apply section 103(k) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(k)) to the project for flood risk management, Selma
Flood Risk Management and Bank Stabilization, Alabama,
authorized by section 8401(2) of the Water Resources
Development Act of 2022 (136 Stat. 3839).
(2) Duration.--If the Secretary determines that the
application of section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)) to the project
described in paragraph (1) is justified, the Secretary shall,
to the maximum extent practicable and consistent with that
section, permit the City of Selma, Alabama, to repay the full
non-Federal contribution with interest for that project
during a period of 30 years that shall begin after the date
of completion of that project.
(b) Cost-share.--The non-Federal share of the cost of the
project for flood risk management, Selma Flood Risk
Management and Bank Stabilization, Alabama, authorized by
section 8401(2) of the Water Resources Development Act of
2022 (136 Stat. 3839), shall be 10 percent.
SEC. 5319. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Development Act of
2000 (114 Stat. 2654; 121 Stat. 1221) is amended by striking
``2010'' and inserting ``2029''.
SEC. 5320. HAWAII ENVIRONMENTAL RESTORATION.
Section 444 of the Water Resources Development Act of 1996
(110 Stat. 3747; 113 Stat. 286) is amended--
(1) by striking ``and environmental restoration'' and
inserting ``environmental restoration, and coastal storm risk
management''; and
(2) by inserting ``Hawaii,'' after ``Guam,''.
SEC. 5321. CONNECTICUT RIVER BASIN INVASIVE SPECIES
PARTNERSHIPS.
Section 104(g)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(g)(2)(A)) is amended by inserting ``the
Connecticut River Basin,'' after ``the Ohio River Basin,''.
SEC. 5322. EXPENSES FOR CONTROL OF AQUATIC PLANT GROWTHS AND
INVASIVE SPECIES.
Section 104(d)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(d)(2)(A)) is amended by striking ``50
percent'' and inserting ``35 percent''.
SEC. 5323. CORPS OF ENGINEERS ASIAN CARP PREVENTION PILOT
PROGRAM.
Section 509(a)(2)(C)(ii) of the Water Resources Development
Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is
amended by striking ``2024'' and inserting ``2029''.
SEC. 5324. EXTENSION FOR CERTAIN INVASIVE SPECIES PROGRAMS.
Section 104(b)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(b)(2)(A)) is amended--
(1) in clause (i), by striking ``each of fiscal years 2021
through 2024'' and inserting ``each of fiscal years 2025
through 2029''; and
(2) in clause (ii), by striking ``2028'' and inserting
``2029''.
SEC. 5325. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL
EROSION, RIVERINE EROSION, AND ICE AND GLACIAL
DAMAGE, ALASKA.
(a) In General.--Section 8315 of the Water Resources
Development Act of 2022 (136 Stat. 3783) is amended--
(1) in the section heading, by inserting ``riverine
erosion,'' after ``coastal erosion,''; and
(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ``riverine erosion,'' after ``coastal
erosion,''.
(b) Clerical Amendments.--
(1) The table of contents in section 2(b) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (136 Stat. 2429) is amended by striking the item
relating to section 8315 and inserting the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
(2) The table of contents in section 8001(b) of the Water
Resources Development Act of 2022 (136 Stat. 3693) is amended
by striking the item relating to section 8315 and inserting
the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
SEC. 5326. 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--
(1) by striking subsection (c) and inserting the following:
``(c) Cost Sharing.--The non-Federal share of the cost of a
project for rehabilitation of a dam 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 that
[[Page S5108]]
dam, including provision of all land, easements, rights-of-
way, and necessary relocations.'';
(2) in subsection (e)--
(A) by striking the subsection designation and heading and
all that follows through ``The Secretary'' and inserting the
following:
``(e) Cost Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following:
``(2) Certain dams.--The Secretary shall not expend more
than $100,000,000 under this section for the Waterbury Dam
Spillway Project, Vermont.'';
(3) in subsection (f), by striking ``fiscal years 2017
through 2026'' and inserting ``fiscal years 2025 through
2029''; and
(4) by striking subsection (g).
SEC. 5327. EDIZ HOOK BEACH EROSION CONTROL PROJECT, PORT
ANGELES, WASHINGTON.
The cost-share for operation and maintenance costs for the
project for beach erosion control, Ediz Hook, Port Angeles,
Washington, authorized by section 4 of the Water Resources
Development Act of 1974 (88 Stat. 15), shall be in accordance
with the cost-share described in section 101(b)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(b)(1)).
SEC. 5328. SENSE OF CONGRESS RELATING TO CERTAIN LOUISIANA
HURRICANE AND COASTAL STORM DAMAGE RISK
REDUCTION PROJECTS.
It is the sense of Congress that all efforts should be made
to extend the scope of the project for hurricane and storm
damage risk reduction, Morganza to the Gulf, Louisiana,
authorized by section 7002(3) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1368), and the project
for hurricane and storm damage risk reduction, Upper
Barataria Basin, Louisiana, authorized by section 8401(3) of
the Water Resources Development Act of 2022 (136 Stat. 3841),
in order to connect the two projects and realize the benefits
of continuous hurricane and coastal storm damage risk
reduction from west of Houma in Gibson, Louisiana, to the
connection with the Hurricane Storm Damage Risk Reduction
System around New Orleans, Louisiana.
SEC. 5329. CHESAPEAKE BAY OYSTER RECOVERY PROGRAM.
Section 704(b)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2263 note; Public Law 99-662) is amended, in
the second sentence, by striking ``$100,000,000'' and
inserting ``$120,000,000''.
SEC. 5330. BOSQUE WILDLIFE RESTORATION PROJECT.
(a) In General.--The Secretary shall establish a program to
carry out appropriate planning, design, and construction
measures for wildfire prevention and restoration in the
Middle Rio Grande Bosque, including the removal of jetty
jacks.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
of the Water Resources Development Act of 1986 (33 U.S.C.
2213, 2215).
(2) Exception.--The non-Federal share of the cost of a
project carried out under this section 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.
(c) Repeal.--Section 116 of the Energy and Water
Development Appropriations Act, 2004 (117 Stat. 1836), is
repealed.
(d) Treatment.--The program authorized under subsection (a)
shall be considered a continuation of the program authorized
by section 116 of the Energy and Water Development
Appropriations Act, 2004 (117 Stat. 1836) (as in effect on
the day before the date of enactment of this Act).
SEC. 5331. EXPANSION OF TEMPORARY RELOCATION ASSISTANCE PILOT
PROGRAM.
Section 8154(g)(1) of the Water Resources Development Act
of 2022 (136 Stat. 3735) is amended by adding at the end the
following:
``(F) Project for hurricane and storm damage risk
reduction, Norfolk, Virginia, authorized by section 401(3) of
the Water Resources Development Act of 2020 (134 Stat.
2738).''.
SEC. 5332. WILSON LOCK FLOATING GUIDE WALL.
On the request of the relevant Federal entity, the
Secretary shall, to the maximum extent practicable, use all
relevant authorities to expeditiously provide technical
assistance, including engineering and design assistance, and
cost estimation assistance to the relevant Federal entity in
order to address the impacts to navigation along the
Tennessee River at the Wilson Lock and Dam, Alabama.
SEC. 5333. DELAWARE INLAND BAYS AND DELAWARE BAY COAST
COASTAL STORM RISK MANAGEMENT STUDY.
(a) Definitions.--In this section:
(1) 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)).
(2) Study.--The term ``study'' means the Delaware Inland
Bays and Delaware Bay Coast Coastal Storm Risk Management
Study, authorized by the resolution of the Committee on
Public Works and Transportation of the House of
Representatives dated October 1, 1986, and the resolution of
the Committee on Environment and Public Works of the Senate
dated June 23, 1988.
(b) Study, Projects, and Separable Elements.--
Notwithstanding any other provision of law, if the Secretary
determines that the study will benefit 1 or more economically
disadvantaged communities, the non-Federal share of the costs
of carrying out the study, or project construction or a
separable element of a project authorized based on the study,
shall be 10 percent.
(c) Cost Sharing Agreement.--The Secretary shall seek to
expedite any amendments to any existing cost-share agreement
for the study in accordance with this section.
SEC. 5334. UPPER MISSISSIPPI RIVER PLAN.
Section 1103(e)(4) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)(4)) is amended by striking
``$15,000,000'' and inserting ``$25,000,000''.
SEC. 5335. REHABILITATION OF PUMP STATIONS.
Notwithstanding the requirements of section 133 of the
Water Resources Development Act of 2020 (33 U.S.C. 2327a),
for purposes of that section, each of the following shall be
considered to be an eligible pump station (as defined in
subsection (a) of that section) that meets the requirements
described in subsection (b) of that section:
(1) The flood control pump station, Hockanum Road,
Northampton, Massachusetts.
(2) Pointe Celeste Pump Station, Plaquemines Parish,
Louisiana.
SEC. 5336. NAVIGATION ALONG THE TENNESSEE-TOMBIGBEE WATERWAY.
The Secretary shall, consistent with applicable statutory
authorities--
(1) coordinate with the relevant stakeholders and
communities in the State of Alabama and the State of
Mississippi to address the dredging needs of the Tennessee-
Tombigbee Waterway in those States; and
(2) ensure continued navigation at the locks and dams owned
and operated by the Corps of Engineers located along the
Tennessee-Tombigbee Waterway.
SEC. 5337. GARRISON DAM, NORTH DAKOTA.
The Secretary shall expedite the review of, and give due
consideration to, the request from the relevant Federal power
marketing administration that the Secretary apply section
1203 of the Water Resources Development Act of 1986 (33
U.S.C. 467n) to the project for dam safety at Garrison Dam,
North Dakota.
SEC. 5338. SENSE OF CONGRESS RELATING TO MISSOURI RIVER
PRIORITIES.
It is the sense of Congress that the Secretary should make
publicly available, where appropriate, any data used and any
decisions made by the Corps of Engineers relating to the
operations of civil works projects within the Missouri River
Basin in order to ensure transparency for the communities in
that Basin.
SEC. 5339. SOIL MOISTURE AND SNOWPACK MONITORING.
Section 511(a)(3) of the Water Resources Development Act of
2020 (134 Stat. 2753) is amended by striking ``2025'' and
inserting ``2029''.
SEC. 5340. CONTRACTS FOR WATER SUPPLY.
(a) Copan Lake, Oklahoma.--Section 8358(b)(2) of the Water
Resources Development Act of 2022 (136 Stat. 3802) is amended
by striking ``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)'' and inserting ``, for the acre-feet of
storage space being sought under an agreement under paragraph
(1), shall pay 110 percent of the contractual rate per acre-
foot of storage in the most recent agreement of the City for
water supply storage space at the project''.
(b) State of Kansas.--
(1) In general.--The Secretary shall amend the contracts
described in paragraph (2) between the United States and the
State of Kansas, relating to storage space for water supply,
to change the method of calculation of the interest charges
that began accruing on February 1, 1977, on the investment
costs for the 198,350 acre-feet of future use storage space
and on April 1, 1979, on 125,000 acre-feet of future use
storage from compounding interest annually to charging simple
interest annually on the principal amount, until--
(A) the State of Kansas informs the Secretary of the desire
to convert the future use storage space to present use; and
(B) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the contracts.
(2) Contracts described.--The contracts referred to in
paragraph (1) are the following contracts between the United
States and the State of Kansas:
(A) Contract DACW41-74-C-0081, entered into on March 8,
1974, for the use by the State of Kansas of storage space for
water supply in Milford Lake, Kansas.
(B) Contract DACW41-77-C-0003, entered into on December 10,
1976, for the use by the State of Kansas for water supply in
Perry Lake, Kansas.
SEC. 5341. 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.
[[Page S5109]]
(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.
(4) Contract DACW43-83-C-0009, entered into on July 6,
1983, for utilization of storage space in Lake Shelbyville,
Illinois.
SEC. 5342. DELAWARE COASTAL SYSTEM PROGRAM.
(a) Purpose.--The purpose of this section is to provide for
the collective planning and implementation of coastal storm
risk management and hurricane and storm risk reduction
projects in Delaware to provide greater efficiency and a more
comprehensive approach to life safety and economic growth.
(b) Designation.--The following projects for coastal storm
risk management and hurricane and storm risk reduction shall
be known and designated as the ``Delaware Coastal System
Program'' (referred to in this section as the ``Program''):
(1) Delaware Bay Coastline, Roosevelt Inlet and Lewes
Beach, Delaware, authorized by section 101(a)(13) of the
Water Resources Development Act of 1999 (113 Stat. 276).
(2) Delaware Coast, Bethany Beach and South Bethany,
Delaware, authorized by section 101(a)(15) of the Water
Resources Development Act of 1999 (113 Stat. 276).
(3) Delaware Coast from Cape Henlopen to Fenwick Island,
Delaware, authorized by section 101(b)(11) of the Water
Resources Development Act of 2000 (114 Stat. 2577).
(4) Rehoboth Beach and Dewey Beach, Delaware, authorized by
section 101(b)(6) of the Water Resources Development Act of
1996 (110 Stat. 3667).
(5) Indian River Inlet, Delaware.
(6) The project for hurricane and storm damage risk
reduction, 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)
and modified by section 8327(a) of the Water Resources
Development Act of 2022 (136 Stat. 3788) and subsection (e).
(c) Management.--The Secretary shall manage the projects
described in subsection (b) as components of a single,
comprehensive system, recognizing the interdependence of the
projects.
(d) Cost-share.--Notwithstanding any other provision of
law, the Federal share of the cost of each of the projects
described in paragraphs (1) through (4) of subsection (b)
shall be 80 percent.
(e) Broadkill Beach, Delaware.--The project for hurricane
and storm damage risk reduction, 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) and modified by section 8327(a) of the
Water Resources Development Act of 2022 (136 Stat. 3788), is
modified to include the project for hurricane and storm
damage reduction, Delaware Bay coastline, Delaware and New
Jersey-Broadkill Beach, Delaware, authorized by section
101(a)(11) of the Water Resources Development Act of 1999
(113 Stat. 275).
SEC. 5343. MAINTENANCE OF PILE DIKE SYSTEM.
The Secretary shall continue to maintain the pile dike
system constructed by the Corps of Engineers for the purpose
of navigation along the Lower Columbia River and Willamette
River, Washington, at Federal expense.
SEC. 5344. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(4) Liability.--
(A) Hold harmless.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed.
(B) Federal responsibility.--The United States shall remain
responsible for any liability with respect to activities
carried out before the date of conveyance on the real
property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
(b) Dillard Road, Indiana.--
(1) Conveyance authorized.--The Secretary shall convey to
the State of Indiana all right, title, and interest of the
United States, together with any improvements on the land, in
and to the property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 11.85 acres of land and road
easements associated with Dillard Road, including
improvements on that land, located in Patoka Township,
Crawford County, Indiana.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(c) Port of Skamania, Washington.--
(1) Conveyance authorized.--The Secretary shall convey to
the Port of Skamania, Washington, all right, title, and
interest of the United States, together with any improvements
on the land, in and to the property described in paragraph
(2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 1.6 acres of land designated
as ``Lot I-2'', including any improvements on the land,
located in North Bonneville, Washington, T. 2 N., R. 7 E.,
sec. 19, Willamette Meridian.
(3) Consideration.--The Port of Skamania, Washington, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection,
as determined by the Secretary.
SEC. 5345. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM.
(a) Definition of Covered Project.--In this section, the
term ``covered project'' means a project--
(1) that is located in the State of California or the State
of Arizona; and
(2)(A) of the Corps of Engineers for which water supply is
an authorized purpose; or
(B) for which the Secretary develops a water control manual
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).
(b) Emergency Operation During Drought.--Consistent with
other authorized project purposes and in coordination with
the non-Federal interest, in operating a covered project
during a drought emergency in the project area, the Secretary
may carry out a pilot program to operate the covered project
with water supply as the primary project purpose.
(c) Updates.--In carrying out this section, the Secretary
may update the water control manual for a covered project to
include drought operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the
Secretary shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations and
drought contingency plans in the water control manual for the
covered project;
(B) impact only the flood pool managed by the Secretary;
and
(C) shall not be carried out in the event of a forecast or
anticipated flood or weather event that would require flood
risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses
forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were
in place prior to the use of the authority provided under
that subsection at a time determined by the Secretary, in
coordination with the non-Federal interest.
(e) Contributed Funds.--The Secretary may receive and
expend funds contributed by a non-Federal interest to carry
out activities under this section.
(f) Report.--
(1) In general.--Not later than 2 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 on the pilot program
carried out under this section.
(2) Inclusions.--The Secretary shall include in the report
under paragraph (1) a description of the activities of the
Secretary that were carried out for each covered project and
any lessons learned from carrying out those activities.
(g) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes
of a covered project;
(2) affects existing Corps of Engineers authorities,
including authorities with respect to navigation, flood
damage reduction, and environmental protection and
restoration;
(3) affects the ability of the Corps of Engineers to
provide for temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
(5) supersedes or modifies any written agreement between
the Federal Government and a non-Federal interest that is in
effect on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan for the Colorado River Basin,
if applicable;
[[Page S5110]]
(7) affects any water right in existence on the date of
enactment of this Act;
(8) preempts or affects any State water law or interstate
compact governing water;
(9) affects existing water supply agreements between the
Secretary and the non-Federal interest; or
(10) affects any obligation to comply with the provisions
of any Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 5346. 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 by striking ``2028'' and inserting
``2029''.
SEC. 5347. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
(a) In General.--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)(A)(i)--
(A) in the matter preceding subclause (I), by striking
``20'' and inserting ``30''; and
(B) in subclause (III), by striking ``5'' and inserting
``15''; and
(2) in paragraph (8), by striking ``each of fiscal years
2019 through 2026'' and inserting ``each of fiscal years 2025
through 2029''.
(b) Louisiana Coastal Area Restoration Projects.--
(1) In general.--In carrying out the pilot program under
section 1043(b) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121), the
Secretary may include in the pilot program a project
authorized to be implemented under, or in accordance with,
title VII of the Water Resources Development Act of 2007 (121
Stat. 1270).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has
initiated construction in accordance with authorities
governing the provision of in-kind contributions for the
project, the Secretary shall take into account the value of
any in-kind contributions provided by the non-Federal
interest for the project prior to the date of execution of
the project partnership agreement under section 1043(b) of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2201 note; Public Law 113-121) for purposes of
determining the non-Federal share of the costs to complete
construction of the project.
SEC. 5348. 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--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) Lake Elsinore, California; and
``(16) Willamette River, Oregon.''.
SEC. 5349. SENSE OF CONGRESS RELATING TO MOBILE HARBOR,
ALABAMA.
It is sense of Congress that the Secretary should,
consistent with applicable statutory authorities, coordinate
with relevant stakeholders in the State of Alabama to address
the dredging and dredging material placement needs associated
with the project for navigation, Mobile Harbor, Alabama,
authorized by section 201 of the Flood Control Act of 1965
(42 U.S.C. 1962d-5) and modified by section 309 of the Water
Resources Development Act of 2020 (134 Stat. 2704).
SEC. 5350. SENSE OF CONGRESS RELATING TO PORT OF PORTLAND,
OREGON.
It is sense of Congress that--
(1) the Port of Portland, Oregon, is the sole dredging
operator of the federally authorized navigation channel in
the Columbia River, which was authorized by section 101 of
the River and Harbors Act of 1962 (76 Stat. 1177);
(2) the Corps of Engineers should continue to provide
operation and maintenance support for the Port of Portland,
Oregon, including for dredging equipment;
(3) the pipeline dredge of the Port of Portland, known as
the ``Dredge Oregon'', was built in 1965, 58 years ago, while
the average age of a dredging vessel in the United States is
25 years; and
(4) Congress commits to ensuring continued dredging for the
Port of Portland.
SEC. 5351. CHATTAHOOCHEE RIVER PROGRAM.
Section 8144 of the Water Resources Development Act of 2022
(136 Stat. 3724) is amended--
(1) by striking ``comprehensive plan'' each place it
appears and inserting ``plans'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Comprehensive
Plan'' and inserting ``Implementation Plans''; and
(B) in paragraph (1)--
(i) by striking ``2 years'' and inserting ``4 years''; and
(ii) by striking ``a comprehensive Chattahoochee River
Basin restoration plan to guide the implementation of
projects'' and inserting ``plans to guide implementation of
Chattahoochee River Basin restoration projects''; and
(3) in subsection (j), by striking ``3 years'' and
inserting ``5 years''.
SEC. 5352. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY
HARBORS.
Section 8132 of the Water Resources Development Act of 2022
(33 U.S.C. 2238e) is amended--
(1) in subsection (a), by inserting ``and for purposes of
contributing to ecosystem restoration'' before the period at
the end; and
(2) in subsection (h)(1), by striking ``2026'' and
inserting ``2029''.
SEC. 5353. WINOOSKI RIVER TRIBUTARY WATERSHED.
Section 212(e)(2) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)(2)) is amended by adding at the end
the following:
``(L) Winooski River tributary watershed, Vermont.''.
SEC. 5354. WACO LAKE, TEXAS.
The Secretary shall, to the maximum extent practicable,
expedite the review of, and give due consideration to, the
request from the City of Waco, Texas, that the Secretary
apply section 147 of the Water Resources Development Act of
2020 (33 U.S.C. 701q-1) to the embankment adjacent to Waco
Lake in Waco, Texas.
SEC. 5355. SEMINOLE TRIBAL CLAIM EXTENSION.
Section 349 of the Water Resources Development Act of 2020
(134 Stat. 2716) is amended in the matter preceding paragraph
(1) by striking ``2022'' and inserting ``2027''.
SEC. 5356. COASTAL EROSION PROJECT, BARROW, ALASKA.
For purposes of implementing the coastal erosion project,
Barrow, Alaska, the Secretary may consider the North Slope
Borough to be in compliance with section 402(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(a)) on
adoption by the North Slope Borough Assembly of a floodplain
management plan to reduce the impacts of future flood events
in the immediate floodplain area of the project if that
plan--
(1) is approved by the relevant Federal agency; and
(2) was developed in consultation with the relevant Federal
agency and the Secretary.
SEC. 5357. COLEBROOK RIVER RESERVOIR, CONNECTICUT.
(a) Contract Termination Request.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives a request from the Metropolitan
District of Hartford County, Connecticut, to terminate the
contract described in paragraph (2), the Secretary shall
offer to amend the contract to release to the United States
all rights of the Metropolitan District of Hartford,
Connecticut, to utilize water storage space in the reservoir
project to which the contract applies.
(2) Contract described.--The contract referred to in
paragraph (1) and subsection (b) is the contract between the
United States and the Metropolitan District of Hartford
County, Connecticut, numbered DA-19-016-CIVENG-65-203, with
respect to the Colebrook River Reservoir in Connecticut.
(b) Relief of Certain Obligations.--On execution of the
amendment described in subsection (a)(1), the Metropolitan
District of Hartford County, Connecticut, 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 described in subsection (a)(2) for the reservoir
project to which the contract applies.
SEC. 5358. SENSE OF CONGRESS RELATING TO SHALLOW DRAFT
DREDGING IN THE CHESAPEAKE BAY.
It is the sense of Congress that--
(1) shallow draft dredging in the Chesapeake Bay is
critical for tourism, recreation, and the fishing industry
and that additional dredging is needed; and
(2) the Secretary should, to the maximum extent
practicable, use existing statutory authorities to address
the dredging needs at small harbors and channels in the
Chesapeake Bay.
SEC. 5359. REPLACEMENT OF CAPE COD CANAL BRIDGES.
(a) Authority.--The Secretary is authorized to allow the
Commonwealth of Massachusetts to construct the replacement of
the Bourne Bridge and the Sagamore Bridge, Massachusetts.
(b) Requirements.--
(1) In general.--The authority provided under subsection
(a) shall be--
(A) carried out in accordance with a memorandum of
understanding entered into by the Secretary and the
Commonwealth of Massachusetts;
(B) subject to the same legal and technical requirements as
if the construction of the replacement of the bridges were
carried about by the Secretary, and any other conditions that
the Secretary determines to be appropriate; and
(C) on the condition that the bridges shall be conveyed to
the Commonwealth of Massachusetts on completion of the
replacement of the bridges pursuant to section 109 of the
River and Harbor Act of 1950 (33 U.S.C. 534).
(c) Conditions.--Before carrying out the construction of
the replacement of the Bourne Bridge and the Sagamore Bridge,
Massachusetts, under this section, the Commonwealth of
Massachusetts shall--
(1) obtain any permit or approval required in connection
with that replacement under Federal or State law; and
(2) ensure that the environmental impact statement or
environmental assessment, as appropriate, for that
replacement is complete.
(d) Reimbursement.--
(1) In general.--Subject to paragraphs (2) and (3) and
subsection (e), the Secretary is authorized to reimburse the
Commonwealth of Massachusetts for the Corps of Engineers
[[Page S5111]]
contribution of the construction costs for the replacement of
the Bourne Bridge and the Sagamore Bridge, Massachusetts, or
a portion of the replacement of the bridges, except that the
total reimbursement for the replacement of the bridges shall
not exceed $250,000,000.
(2) Availability of appropriations.--The total amount of
reimbursement described in paragraph (1)--
(A) shall be subject to the availability of appropriations;
and
(B) shall not be derived from the previous funding provided
to the Secretary under title I of division D of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
for the Corps of Engineers for the purpose of replacing the
Bourne Bridge and Sagamore Bridge, Massachusetts.
(3) Certification.--Prior to providing a reimbursement
under this subsection, the Secretary shall certify that the
Commonwealth of Massachusetts has carried out the
construction of the replacement of the Bourne Bridge and the
Sagamore Bridge, Massachusetts, or a portion of the
replacement of the bridges in accordance with--
(A) all applicable permits and approvals; and
(B) this section.
(e) Total Funding.--The total amount of funding expended by
the Secretary for the construction of the replacement of the
Bourne Bridge and the Sagamore Bridge, Massachusetts, shall
not exceed $600,000,000.
SEC. 5360. UPPER ST. ANTHONY FALLS LOCK AND DAM.
(a) In General.--The portion of the project for navigation,
Mississippi River, between the Missouri River and
Minneapolis, Minnesota, authorized by the first section of
the Act of August 26, 1937 (50 Stat. 848, chapter 832),
consisting of Upper St. Anthony Falls Lock and Dam located at
Mississippi River Mile 853.9 in Minneapolis, Minnesota, is
modified to remove the requirement to pass navigation
traffic.
(b) Implementation.--To carry out this section, the
Secretary shall modify operation and maintenance requirements
for the Upper St. Anthony Falls Lock and Dam to those
required--
(1) to mitigate flood damage;
(2) for dam safety; and
(3) for structural maintenance.
(c) Savings Clause.--Nothing in this section prevents the
Secretary from carrying out lock operations if those
operations are--
(1) to mitigate flood damage; and
(2) in the public interest.
(d) Considerations.--Section 356(f) of the Water Resources
Development Act of 2020 (134 Stat. 2724) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Considerations.--In carrying out paragraph (1), as
expeditiously as possible and to the maximum extent
practicable, the Secretary shall take all possible measures
to reduce the physical footprint required for easements
described in subparagraph (A) of that paragraph, including an
examination of the use of crane barges on the Mississippi
River.''.
SEC. 5361. FLEXIBILITIES FOR CERTAIN HURRICANE AND STORM
DAMAGE RISK REDUCTION PROJECTS.
(a) Findings.--Congress finds that--
(1) the Corps of Engineers incorrectly applied the
nationwide statutory requirements and the policies of the
agency related to easements for communities within the
boundaries of the Jacksonville District;
(2) this incorrect application created inconsistencies,
confusion, and challenges with carrying out 18 critical
hurricane and storm damage risk reduction projects in
Florida, and in order to remedy the situation, the Assistant
Secretary of the Army for Civil Works issued a memorandum
that provided flexibilities for the easements of those
projects; and
(3) those projects need additional assistance going
forward, and as such, this section provides additional
flexibilities and allows the projects to transition, on the
date of their expiration, to the nationwide policies and
statutory requirements for easements of the Corps of
Engineers.
(b) Flexibilities Provided.--Notwithstanding any other
provision of law, but maintaining any existing easement
agreement or executed project partnership agreement for a
project described in subsection (c), the Secretary may
proceed to construction of a project described in that
subsection with an easement of not less than 25 years, in
lieu of the perpetual beach storm damage reduction easement
standard estate if--
(1) the report of the Chief of Engineers, the accompanying
reports of the District Engineer and the Division Engineer,
and the executed project partnership agreement for the
project do not specify that the perpetual beach storm damage
reduction easement standard estate is required;
(2) the project complies with all other applicable laws and
Corps of Engineers policies during the term of the easement,
including the guarantee of a public beach, public access,
public use, and access for any work necessary and incident to
the construction of the project, periodic nourishment, and
operation, maintenance, repair, replacement, and
rehabilitation of the project; and
(3) the non-Federal interest agrees to pay the costs of
acquiring easements for periodic nourishment of the project
after the expiration of the initial easements, for which the
non-Federal interest may not receive credit toward the non-
Federal share of the costs of the project.
(c) Projects Described.--A project referred to in
subsection (b) is any of the following projects for hurricane
and storm damage risk reduction:
(1) Brevard County, Canaveral Harbor, Florida - North
Reach.
(2) Brevard County, Canaveral Harbor, Florida - South
Reach.
(3) Broward County, Florida - Segment II.
(4) Lee County, Florida - Captiva.
(5) Lee County, Florida - Gasparilla.
(6) Manatee County, Florida.
(7) Martin County, Florida.
(8) Nassau County, Florida.
(9) Palm Beach County, Florida - Jupiter/Carlin Segment.
(10) Palm Beach County, Florida - Mid Town.
(11) Palm Beach County, Florida - Ocean Ridge.
(12) Pinellas County, Florida - Long Key.
(13) Pinellas County, Florida - Sand Key Segment.
(14) Pinellas County, Florida - Treasure Island.
(15) Sarasota County, Florida - Venice Beach.
(16) St. Johns County, Florida - St. Augustine Beach.
(17) St. Johns County, Florida - Vilano Segment.
(18) St. Lucie County, Florida - Hutchinson Island.
(d) Prohibition.--The Secretary shall not carry out an
additional economic justification for a project described in
subsection (c) on the basis that the project has easements
for a period of less than 50 years pursuant to this section.
(e) Written Notice.--Not less than 5 years before the date
of expiration of an easement for a project described in
subsection (c), the Secretary shall provide to the non-
Federal interest for the project written notice that if the
easement expires and is not extended under subsection (f)--
(1) the Secretary will not be able--
(A) to renourish the project under the existing project
authorization; or
(B) to restore the project to pre-storm conditions 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); and
(2) the non-Federal interest or the applicable State will
have the responsibility to renourish or restore the project.
(f) Extension.--With respect to a project described in
subsection (c), before the expiration of an easement that has
a term of less than 50 years and is subject to subsection
(b), the Secretary may allow the non-Federal interest for the
project to extend the easement, subject to the condition that
the easement and any extensions do not exceed 50 years in
total.
(g) Temporary Easements.--In the case of a project
described in subsection (c) that received funding 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), made available by a supplemental
appropriations Act, or is eligible to receive such funding as
a result of storm damage incurred during fiscal year 2022,
2023, 2024, 2025, or 2026, the project may use 1 or more
temporary easements, subject to the conditions that--
(1) the easement lasts for the duration of the applicable
renourishment agreement; and
(2) the work shall be carried out by not later than 2 years
after the date of enactment of this Act.
(h) Termination.--The authority provided under this section
shall terminate, with respect to a project described in
subsection (c), on the date on which the operations and
maintenance activities for that project expire.
TITLE LIV--PROJECT AUTHORIZATIONS
SEC. 5401. 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.--
[[Page S5112]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. MD Baltimore Harbor June 22, 2023 Federal: $47,956,500
Anchorages and Non-Federal: $15,985,500
Channels, Sea Total: $63,942,000
Girt Loop
------------------------------------------------------------------------
2. CA Oakland Harbor May 30, 2024 Federal: $408,164,600
Turning Basins Non-Federal: $200,780,400
Widening Total: $608,945,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. KS Manhattan Levees May 6, 2024 Federal: $29,455,000
Non-Federal: $15,860,000
Total: $45,315,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. RI Rhode Island September 28, Federal: $188,353,750
Coastline Storm 2023 Non-Federal: $101,421,250
Risk Management Total: $289,775,000
------------------------------------------------------------------------
2. FL St. Johns County, April 18, Federal: $49,223,000
Ponte Vedra 2024 Non-Federal: $89,097,000
Beach, Coastal Total: $138,320,000
Storm Risk
Management
------------------------------------------------------------------------
3. LA St. Tammany May 28, 2024 Federal: $3,653,346,450
Parish, Louisiana Non-Federal: $2,240,881,550
Coastal Storm and Total: $5,894,229,000
Flood Risk
Management
------------------------------------------------------------------------
4. DC Metropolitan June 17, 2024 Federal: $9,899,500
Washington, Non-Federal: $5,330,500
District of Total: $15,230,000
Columbia, Coastal
Storm Risk
Management
------------------------------------------------------------------------
(4) Navigation and hurricane and storm damage risk
reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Gulf Intracoastal June 2, 2023 Federal: $204,244,000
Waterway, Inland Waterways Trust
Brazoria and Fund: $109,977,000
Matagorda Total: $314,221,000
Counties
------------------------------------------------------------------------
[[Page S5113]]
(5) Flood risk management and aquatic ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. MS Memphis December 18, Federal: $44,295,000
Metropolitan 2023 Non-Federal: $23,851,000
Stormwater-North Total: $68,146,000
DeSoto County
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. NY South Shore Staten February 6, Federal: $1,730,973,900
Island, Fort 2024 Non-Federal: $363,228,100
Wadsworth to Total: $2,094,202,000
Oakwood Beach
Coastal Storm
Risk Management
------------------------------------------------------------------------
2. MO University City February 9, Federal: $9,094,000
Branch, River Des 2024 Non-Federal: $4,897,000
Peres Total: $13,990,000
------------------------------------------------------------------------
3. AZ Tres Rios, Arizona May 28, 2024 Federal: $213,433,000
Ecosystem Non-Federal: $118,629,000
Restoration Total: $332,062,000
Project
------------------------------------------------------------------------
SEC. 5402. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts
available in the revolving fund established by the first
section of the Civil Functions Appropriations Act, 1954 (33
U.S.C. 576), and not otherwise obligated, the Secretary may--
(1) design and construct an Operations and Maintenance
Building in Galveston, Texas, described in the prospectus
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on May 22,
2024, pursuant to subsection (c) of that section of that Act
(33 U.S.C. 576(c)), substantially in accordance with the
prospectus;
(2) design and construct a warehouse facility at the
Longview Lake Project, Lee's Summit, Missouri, described in
the prospectus submitted to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on May 22, 2024, pursuant to subsection (c)
of that section of that Act (33 U.S.C. 576(c)), substantially
in accordance with the prospectus;
(3) design and construct facilities, including a joint
administration building, a maintenance building, and a
covered boat house, at the Corpus Christi Resident Office
(Construction) and the Corpus Christi Regulatory Field
Office, Naval Air Station, Corpus Christi, Texas, described
in the prospectus submitted to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on June 6, 2024, pursuant to subsection (c)
of that section of that Act (33 U.S.C. 576(c)), substantially
in accordance with the prospectus; and
(4) carry out such construction and infrastructure
improvements as are required to support the facilities
described in paragraphs (1) through (3), including any
necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall ensure that the revolving fund established by
the first section of the Civil Functions Appropriations Act,
1954 (33 U.S.C. 576), is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit
from the facilities constructed under this section.
______