[Senate Report 117-124]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 361
117th Congress        }                           {           Report
                                 SENATE
 2d Session           }                           {           117-124

======================================================================

 
                WATER RESOURCES DEVELOPMENT ACT OF 2022

                                _______
                                

                 June 22, 2022.--Ordered to be printed

                                _______
                                

       Mr. Carper, from the Committee on Environment and Public 
                     Works, submitted the following

                              R E P O R T

                         [To accompany S. 4136]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works reports an 
original bill (S. 4136) to provide for improvements to the 
rivers and harbors of the United States, to provide for the 
conservation and development of water and related resources, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                       Purpose of the Legislation

    The objective of S. 4136 is to authorize the U.S. Army 
Corps of Engineers (Corps) to assist in meeting the nation's 
water resources needs, including navigation, flood and coastal 
storm risk management, and ecosystem restoration. The 
legislation also provides the Corps with the authority to 
increase water supply and storage and fight invasive species, 
while facilitating critical environmental infrastructure.

                    General Statement and Background

    The Water Resources Development Act of 2022 (WRDA 2022) 
primarily addresses the Civil Works program of the Corps. The 
bill supports the nation's global economic competitiveness and 
environmental resilience by authorizing the Corps to undertake 
projects, programs, and initiatives in their Civil Works 
program relating to navigation, ecosystem restoration, flood 
and coastal storm risk management, hydropower, recreation, 
emergency management, and water supply.
    A water resources development act (WRDA), in this case WRDA 
2022, is the authorizing legislation for the programs and 
projects of the Corps' Civil Works program. Ideally enacted 
every two years, such an act is the main vehicle for 
authorizing water resources development projects to be studied, 
planned, and developed by the Corps. WRDAs typically include 
water resources development projects with completed reports, 
modifications to existing Corps projects, study authorizations 
for new projects, and miscellaneous projects consistent with 
the Corps' programs that also demonstrate a Federal interest. 
Activities fall within one or more of the Corps' Civil Works 
business lines, which include navigation, ecosystem 
restoration, flood and coastal storm risk management, 
hydropower, recreation, regulatory, emergency management, and 
water supply. In recent years, WRDAs have increasingly 
incorporated natural and nature-based ``green'' infrastructure 
to solve problems, in addition to traditional hard 
infrastructure (also known as ``gray'' infrastructure).
    The Committee's reported legislation for WRDA 2022 includes 
provisions that will strengthen the United States' economic and 
national security, reduce the Corps' administrative burdens, 
enable faster implementation of projects, increase water supply 
reliability, quality and quantity, promote assistance to 
economically disadvantaged communities, address the impacts of 
changing hydrologic and climatic conditions and upgrade our 
nation's water and wastewater infrastructure. The bill is 
broken down into four titles:
    Title I of WRDA 2022 addresses general policy changes to 
the Civil Works program authorities. These changes include, 
among others: increased support for coastal-related restoration 
and infrastructure; providing greater cost-sharing flexibility 
for non-Federal sponsors of Corps projects; requiring the Corps 
to update its technical standards, regulations, and manuals; 
establishing committees to ensure the efficient and effective 
delivery of water resources development projects, programs, and 
other assistance, including to tribes, economically 
disadvantaged communities, and western states with water supply 
concerns; and increased support for research and development, 
technical assistance, and planning assistance to states.
    Title II authorizes critical feasibility studies and 
reports to be conducted by the Secretary of the Army, who has 
oversight over the Corps. The Secretary, among other things, is 
also authorized to expedite the completion of applicable 
decision documents for specified projects.
    Title III deauthorizes projects, and parts of projects, 
that are no longer needed for a Federal purpose. This title 
also modifies existing projects and related provisions, 
including environmental infrastructure authorities.
    Title IV authorizes 17 new projects and 4 project 
modifications based on reports submitted to Congress by the 
Secretary or the Chief of Engineers. These projects address 
various mission areas of the Corps, including ecosystem 
restoration, flood and coastal storm risk management, 
navigation, and water storage for water supply. This title also 
calls upon the Secretary to provide priority funding for and 
expedite the completion of specified projects.

                      Section-by-Section Analysis


Sec. 1. Short title; table of contents

    This section states that this Act may be cited as the 
``Water Resources Development Act of 2022'' and contains the 
table of contents.

Sec. 2. Definition of Secretary

    This section states that in this Act, the term 
``Secretary'' means the Secretary of the Army.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Scope of feasibility studies

    This section directs the Corps, at the request of a non-
Federal interest, to formulate alternatives that reduce 
comprehensive flood risk or address water supply, water supply 
conservation, or drought risk reduction.

Sec. 102. Shoreline and riverbank protection and restoration mission

    This section declares that it is the policy of the United 
States to protect and restore the shorelines, riverbanks, and 
streambanks of the United States from the damaging impacts of 
extreme weather events and other factors contributing to the 
vulnerability of coastal and riverine communities and 
ecosystems. This section amends section 212 of the Water 
Resources Development Act of 1999 (WRDA 1999; 33 U.S.C. 2332) 
to allow the Corps to carry out projects for the protection and 
restoration of coastal shorelines and riverbanks and provides a 
reduced non-Federal cost-share of 10 percent for projects 
implemented under section 212 that benefit economically 
disadvantaged communities. This section also increases the per-
project Federal cost limit for projects authorized under 
section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r).

Sec. 103. Inland waterway projects

    This section adjusts the share of costs derived from the 
Inland Waterways Trust Fund to construct an inland waterways 
project and makes such cost-share permanent.

Sec. 104. Protection and restoration of other Federal land along rivers 
        and coasts

    This section authorizes the Corps to carry out water 
resources development projects to benefit Federal land under 
the jurisdiction of another Federal agency.

Sec. 105. Policy and technical standards

    This section directs the Corps to update publications for 
its Civil Works programs in accordance with the 
Administration's five-year administrative publication cycle.

Sec. 106. Planning assistance to states

    This section amends section 22 of the Water Resources 
Development Act of 1974 (WRDA 1974; 42 U.S.C. 1962d-16) to 
direct the Corps to prioritize life safety when providing 
technical and planning assistance under section 22 and 
authorizes the Corps to inform and educate States and other 
non-Federal interests about opportunities to partner with the 
Agency to address water resources development needs. This 
section also directs the Corps to prioritize assistance under 
section 22 to economically disadvantaged communities, where 
practicable.

Sec. 107. Floodplain management services

    This section amends section 206 of the Flood Control Act of 
1960 (33 U.S.C. 709a) to authorize the Corps to identify areas 
that may be subject to flooding due to accumulated snags and 
other debris. This section also directs the Corps to perform 
outreach to States and non-Federal interests about 
opportunities to partner with the Corps to address flood 
hazards and allows the Corps to partner with institutions of 
higher education to carry out these activities.

Sec. 108. Workforce planning

    This section authorizes the Corps to carry out activities 
to recruit individuals for careers at the Agency and to foster, 
enhance, and support science, technology, engineering, and math 
education and awareness at schools and institutions of learning 
at all levels. This section directs the Corps to prioritize 
recruitment of individuals located in economically 
disadvantaged communities, where practicable.

Sec. 109. Credit in lieu of reimbursement

    This section authorizes the Corps, at the request of a non-
Federal sponsor, to reduce a non-Federal cost-share of a 
project by applying a credit earned by the non-Federal sponsor 
on a different project. In addition, this section modifies 
section 7007(d) of the Water Resources Development Act of 2007 
(WRDA 2007; 121 Stat. 1277; 128 Stat. 1226) to allow for 
similar treatment of relevant projects.

Sec. 110. Coastal cost calculations

    This section clarifies that both inland flood risk 
management and coastal storm risk management projects in 
seismic hazard zones are subject to the special rule for 
calculation of the benefit-cost ratio established by section 
152 of the Water Resources Development Act of 2020 (WRDA 2020; 
33 U.S.C. 2213a).

Sec. 111. Advance payment in lieu of reimbursement for certain Federal 
        costs

    This section authorizes the Corps to provide in advance to 
the non-Federal interest the Federal share of funds required 
for the acquisition of land, easements, rights-of-way, and 
relocations for projects under certain circumstances.

Sec. 112. Use of emergency funds

    This section amends Section 5(a) of the Act of August 18, 
1941, to allow the Corps to increase the resilience or 
effectiveness of a federally authorized hurricane or shore 
protection project when performing emergency repair or 
restoration work. This section also provides the Corps with the 
discretion to authorize a non-Federal sponsor to undertake 
emergency repair and restoration activities, with the Federal 
share of the costs advanced or reimbursed to the sponsor.

Sec. 113. Research and development

    This section establishes a new Research and Development 
account for the Corps. This section also authorizes the Corps 
to enter into transactions other than contracts, cooperative, 
agreements, and grants, when carrying out research and 
development activities. Finally, this section authorizes 
funding to complete and maintain a model suite to forecast 
water levels of the Great Lakes.

Sec. 114. Tribal and economically disadvantaged communities advisory 
        committee

    This section requires the Corps to establish a Tribal and 
Disadvantaged Communities Advisory Committee, in accordance 
with the Federal Advisory Committee Act. This Committee is 
directed to provide the Corps with advice and recommendations 
to ensure the effective delivery of water resources development 
projects, programs, and other assistance to Indian Tribes and 
to economically disadvantaged communities.

Sec. 115. Non-Federal interest advisory committee

    This section requires the Corps to establish a Non-Federal 
Interest Advisory Committee, in accordance with the Federal 
Advisory Committee Act. This Committee is directed to provide 
the Corps with advice and recommendations to ensure more 
effective and efficient delivery of water resources development 
projects, programs, and other assistance.

Sec. 116. Underserved community harbor projects

    This section authorizes the Corps to carry out projects to 
dredge underserved community harbors for sustaining water-
dependent commercial and recreational activities at such 
harbors. This section also specifies cost-share requirements 
for such projects and requires not less than 35 percent of 
annual funds be used for projects that include the beneficial 
use of dredged material.

Sec. 117. Corps of Engineers western water cooperative committee

    This section requires the Corps to establish a Western 
Water Cooperative Committee. The Committee is directed to work 
with the Corps to ensure that water resources development 
projects in western states are operated in a manner consistent 
with congressional directives by identifying opportunities to 
avoid or minimize conflicts between the operation of those 
projects and State water rights and water laws.

Sec. 118. Updates to certain water control manuals

    This section authorizes the Corps to update water control 
manuals at the request of the Governor in a State where the 
Governor declared a statewide drought disaster in 2021.

Sec. 119. Retention of recreation fees

    This section amends section 210(b) of the River and Harbor 
Act of 1968 (16 U.S.C. 460d-3(b)) to authorize the Corps to 
retain not less than 80 percent of the recreation user fees 
collected at a recreation site under the jurisdiction of the 
Agency to be used for the operation and maintenance activities 
at that site. This section also authorizes collected fees that 
remain unobligated on the day before this Act's enactment to be 
used in the same manner.

Sec. 120. Relocation assistance

    This section authorizes the Corps to include temporary 
relocation benefits in the cost of a water resources 
development project using nonstructural measures. These 
measures are for the elevation or modification of a dwelling 
that is a primary residence and the owner occupant is required 
to relocate temporarily from the dwelling during the period of 
construction.

Sec. 121. Reprogramming limits

    This section adjusts the Corps' reprogramming limits for 
projects, studies, or activities within the Operations and 
Maintenance and Investigations accounts.

Sec. 122. Lease durations

    This section requires the Corps to issue guidance regarding 
when a lease duration of more than 25 years is appropriate. 
This guidance applies when the Corps makes a leasing decision 
pursuant to section 2267 of title 10, United States Code, or 
section 4 of the Flood Control Act of 1944 (58 Stat. 889, 
chapter 665; 16 U.S.C. 460d).

Sec. 123. Sense of Congress relating to post-disaster repairs

    This section includes a sense of Congress that the Corps 
should, in permitting and funding post-disaster repairs, repair 
assets to the project design levels or above project design 
levels if the original project design is outdated.

Sec. 124. Payment of pay and allowances of certain officers from 
        appropriation for improvements

    This section amends section 36 of the Act of August 10, 
1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a) to provide 
for the payment of pay and allowances for warrant officers and 
enlisted members.

Sec. 125. Reforestation

    This section encourages the Corps to consider measures to 
restore swamps and other wetland forests in studies for water 
resources development projects for ecosystem restoration and 
flood and coastal storm risk management.

Sec. 126. Use of other Federal funds

    This section amends section 2007 of WRDA 2007 (33 U.S.C. 
2222). It will allow the non-Federal interest for a Corps study 
or project, including a study or project under the Continuing 
Authorities Program (CAP), to use funds provided by another 
Federal agency to satisfy the non-Federal share of the cost of 
the study or project. The funds from the other Federal agency 
must be appropriated for a purpose that is similar or 
complementary to the purpose of the study or project.

Sec. 127. National low-head dam inventory

    This section amends the National Dam Safety Program Act (33 
U.S.C. 467 et seq.) to require the Corps to develop an 
inventory of all low-head dams in the United States and to 
periodically update the inventory in consultation with relevant 
Federal and State agencies.

Sec. 128. Transfer of excess credit

    This section amends section 1020 of the Water Resources 
Reform and Development Act of 2014 (WRRDA 2014; 33 U.S.C. 2223) 
to allow a credit for a study or project with multiple non-
Federal sponsors to be applied to the non-Federal share of the 
cost of a study or project of any of the sponsors. The 
amendments made by this section also allow for the conditional 
approval of excess credit under certain circumstances. Finally, 
the amendments made by this section make section 1020 a 
permanent authority.

Sec. 129. National levee restoration

    This section modifies the definition of ``rehabilitation'' 
under the Levee Rehabilitation Assistance Program to include 
levee improvements to reduce flood risk or increase resiliency 
to extreme weather events. This section also directs the Corps 
to prioritize levee restoration in economically disadvantaged 
communities, where practicable.

Sec. 130. Inland waterways regional dredge pilot program

    This section authorizes the Corps to establish a pilot 
program to award dredging contracts of up to 5 years for 
projects on inland waterways.

Sec. 131. Funding to process permits

    This section amends section 214 of the Water Resources 
Development Act of 2000 (WRDA 2000; 33 U.S.C. 2352) to 
authorize the Corps to include the evaluation of a mitigation 
bank instrument in the expedited review of a qualifying permit 
under the section, if certain conditions are met.

Sec. 132. Non-Federal project implementation pilot program

    This section amends section 1043(b) of WRRDA 2014 (33 
U.S.C. 2201 note) to authorize a non-Federal sponsor to 
construct a discrete segment of a project under the Non-Federal 
Project Implementation Pilot Program.

Sec. 133. Cost sharing for territories and Indian Tribes

    This section amends section 1156 of the Water Resources 
Development Act of 1986 (WRDA 1986; 33 U.S.C. 2310) to require 
the Corps to apply the cost-share waiver for territories and 
Indian Tribes to watershed assessments and to apply the waived 
amount to the non-Federal share of study costs, rather than to 
the total study cost.

Sec. 134. Water supply conservation

    This section amends section 1116 of the Water 
Infrastructure Investments for the Nation (WIIN Act; 130 Stat. 
1639) to make permanent the authority of the Corps to evaluate 
and approve water supply conservation measures at water 
resources development projects in States that have experienced 
repeated droughts. This section also specifies that the Corps 
may evaluate a water supply conservation measure utilizing a 
natural feature or nature-based feature to reduce drought risk.

Sec. 135. Criteria for funding operations and maintenance of small, 
        remote, and subsistence harbors

    This section requires the Corps to develop criteria for the 
annual evaluation and ranking of maintenance dredging 
requirements for small, remote, and subsistence harbors and 
include such criteria in the annual Civil Works Direct Program 
Development Policy Guidance of the Corps. This section also 
requires a biennial report to Congress that identifies the 
ranking of projects based on the criteria developed.

Sec. 136. Protection of lighthouses

    This section amends section 14 of the Flood Control Act of 
1946 (33 U.S.C. 701r) to allow funds to be used for the 
protection of lighthouses, including lighthouses with 
historical value.

Sec. 137. Expediting hydropower at Corps of Engineers facilities

    This section amends section 1008 of WRRDA 2014 (33 U.S.C. 
2321b) to assess opportunities to increase the development of 
hydroelectric power at Corps water resources development 
projects.

Sec. 138. Materials, services, and funds for repair, restoration, or 
        rehabilitation of certain public recreation facilities

    This section authorizes the Corps to accept and use non-
Federal materials, services, and funds to repair, restore, or 
rehabilitate public recreation facilities at Corps-operated 
reservoirs during periods of low water.

Sec. 139. Dredged material management plans

    This section directs the Corps to prioritize preparation of 
5-year dredged material management plans under section 125(c) 
of WRDA 2020 (33 U.S.C. 2326h) at federally-authorized harbors 
in Ohio.

Sec. 140. Lease deviations

    This section directs the Corps to meet the requirements of 
section 153 of WRDA 2020 (134 Stat. 2658).

Sec. 141. Columbia River basin flood risk management

    This section encourages the Corps to utilize all existing 
authorities to facilitate the renegotiation of the Treaty 
Relating to Cooperative Development of the Water Resources of 
the Columbia River Basin between Canada and the United States 
(15 UST 1555; TIAS 5638). This section also requires the Corps 
to periodically update Congress on the status of activities 
carried out by the Corps to facilitate renegotiation of the 
Treaty.

Sec. 142. Continuation of construction

    This section provides the Corps with temporary authority to 
continue with the construction of certain projects.

                     TITLE II--STUDIES AND REPORTS

Sec. 201. Authorization of feasibility studies

    This section authorizes feasibility studies for projects 
for flood risk management, coastal storm risk management, 
ecosystem restoration, navigation, water supply, and 
recreation, including studies for modifications to existing 
projects.

Sec. 202. Special rules

    This section authorizes special rules for several studies 
authorized in section 201.

Sec. 203. Expedited completion of studies

    This section directs the Corps to expedite the completion 
of certain feasibility reports, post-authorization change 
reports, and watershed and river basin assessments.

Sec. 204. Studies for periodic nourishment

    This section amends section 156 of the Water Resources 
Development Act of 1976 (WRDA 1976; 42 U.S.C. 1962d-5f) to 
increase the maximum additional period of beach nourishment for 
a water resources development project as a result of a 
feasibility study from 15 additional years to 50 additional 
years. This section also extends eligibility for nourishment 
for projects meeting certain criteria.

Sec. 205. NEPA reporting

    This section requires the Corps to track and provide an 
annual report to Congress on the timeframes for completing 
environmental reviews for water resources development projects, 
as required by the National Environmental Policy Act.

Sec. 206. GAO audit of projects over budget or behind schedule

    This section requires the Comptroller General to generate a 
report examining the factors and conditions leading to ongoing 
water resources development projects that are over budget or 
behind schedule.

Sec. 207. GAO study on project distribution

    This section requires the Comptroller General to generate a 
report analyzing the geographic distribution of annual and 
supplemental funding for water resources development projects 
carried out by the Corps over the previous 10 fiscal years and 
the factors contributing to that distribution.

Sec. 208. GAO audit of joint costs for operations and maintenance

    This section requires the Comptroller General to generate a 
report regarding the practices of the Corps with respect to the 
determination of joint costs associated with the operations and 
maintenance of reservoirs owned and operated by the Agency.

Sec. 209. GAO review of Corps of Engineers mitigation practices

    This section requires the Comptroller General to generate a 
report that reviews the water resources development project 
mitigation practices of the Corps.

Sec. 210. Sabine-Neches Waterway navigation improvement project, Texas

    This section directs the Corps to expedite the review and 
coordination of the feasibility study for the project for 
navigation of the Sabine-Neches Waterway in Texas consistent 
with section 203(b) of WRDA 1986 (33 U.S.C. 2231(b)).

Sec. 211. Great Lakes recreational boating

    This section requires the Corps to prepare and submit an 
updated report to Congress on the economic benefits of 
recreational boating in the Great Lakes basin previously 
authorized under section 455(c) of WRDA 1999 (42 U.S.C. 1962d-
21(c)).

Sec. 212. Upper St. Johns River basin, central and southern Florida

    This section requires the Corps to generate a report 
evaluating the effects of deauthorizing the southernmost 3.5-
mile reach of the L-73 levee, Section 2, in Osceola County, 
Florida, on the functioning of the project and submit the 
report to Congress pursuant to section 7001 of WRRDA 2014 (33 
U.S.C. 2282d).

Sec. 213. Investments for recreation areas

    This section requires the Corps submit a report on 
investments needed to support recreational activities that are 
part of authorized water resources development projects.

Sec. 214. Western infrastructure study

    This section requires the Corps to conduct a comprehensive 
study to evaluate the effectiveness of carrying out additional 
measures, including those that utilize natural features or 
nature-based features, at or upstream of reservoirs owned and 
operated by the Agency in the South Pacific Division.

Sec. 215. Upper Mississippi River and Illinois Waterway System

    This section requires the Corps to submit a report to 
Congress on opportunities to expand the use of water level 
management on the Upper Mississippi River and Illinois Waterway 
System for ecosystem restoration.

Sec. 216. West Virginia hydropower

    This section authorizes the Corps to evaluate the 
feasibility of modifying 7 projects in West Virginia to add 
Federal hydropower or energy storage development. This section 
also authorizes the Corps to grant approval for the use of such 
projects for non-Federal hydropower or energy storage 
development consistent with section 14 of the Rivers and 
Harbors Act of 1899 (30 Stat. 1152; 33 U.S.C. 408).

Sec. 217. Recreation and economic development at Corps facilities in 
        Appalachia

    This section requires the Corps to submit a plan to 
Congress to implement recreational and economic development 
opportunities identified in the report prepared under section 
206 of WRDA 2020 (134 Stat. 2680).

Sec. 218. Automated fee machines

    This section requires the Corps to consider, to the maximum 
extent practicable, alternatives to automated fee machines for 
the collection of fees for the public's use of developed 
recreation sites and facilities in West Virginia.

Sec. 219. Lake Champlain Canal, Vermont and New York

    This section amends section 5146 of WRDA 2007 (121 Stat. 
1255) to require the Corps to scope the phase II portion of the 
Lake Champlain Canal Aquatic Invasive Species Barrier study 
carried out under section 542 of WRDA 2000 (114 Stat. 2671; 121 
Stat. 1150; 134 Stat. 2652) to satisfy the requirement in 
section 5146 for a feasibility determination.

Sec. 220. Report on concessionaire practices

    This section requires the Corps to submit a report to 
Congress regarding concessionaire lease practices by the 
Agency.

   TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

Sec. 301. Additional assistance for critical projects

    This section authorizes new and modifies existing 
environmental infrastructure authorities of the Corps.

Sec. 302. Southern West Virginia

    This section amends section 340 of the Water Resources 
Development Act of 1992 (WRDA 1992; 106 Stat. 4856) to realign 
the counties participating in the program.

Sec. 303. Northern West Virginia

    This section amends section 571 of WRDA 1999 (113 Stat. 
371; 121 Stat. 1257; 134 Stat. 2719) to realign the counties 
participating in the program.

Sec. 304. Local cooperation agreements, northern West Virginia

    This section amends section 219(f)(272) of WRDA 1992 (106 
Stat. 4835; 113 Stat. 334; 121 Stat. 1268) by clarifying the 
local cooperative agreement structure that non-Federal 
interests in Northern West Virginia may use.

Sec. 305. Special rule for certain beach nourishment projects

    This section directs the Corps, for specified projects, to 
fund the incremental increase in project cost that results from 
a legal requirement to use a sediment source that is not the 
least-cost option.

Sec. 306. Coastal community flood control and other purposes

    This section permits the State of Louisiana to repay the 
remaining balance of the non-Federal share of costs for the 
Greater New Orleans Hurricane and Storm Damage Risk Reduction 
System it financed under section 103(k) of WRDA1986 (33 U.S.C. 
2213(k)) through the provision of mitigation activities for 
water resources development projects in the coastal area.

Sec. 307. Modifications

    This section modifies the cost sharing requirements for 
certain projects and studies.

Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan

    This section directs the Corps to use the dredged material 
disposal plan for the project for navigation, Port Fourchon 
Belle Pass Channel, Louisiana recommended by the non-Federal 
sponsor in the report developed by the non-Federal sponsor 
under section 203 of WRDA 1986 (33 U.S.C. 2231).

Sec. 309. Delaware shore protection and restoration

    This section modifies the authority for the Delaware 
Dredged Material Utilization project, authorized by section 
401(3) of WRDA 2020 (134 Stat. 2736), to require the Corps to 
implement the project using alternative borrow sources and, in 
the interim, to consider carrying out construction or periodic 
nourishment at any site included in the project under existing 
authorities. In addition, this section makes modifications to 
the Indian River Inlet Sand Bypass Plant coastal storm risk 
management project authorized by section 869 of WRDA 1986 (100 
Stat. 4182).

Sec. 310. Great Lakes advance measures assistance

    This section prohibits the Corps from denying advance 
measures assistance requested by a State to reduce the risk of 
damage from rising water levels in the Great Lakes solely on 
the basis that the damage is caused by erosion.

Sec. 311. Rehabilitation of existing levees

    This section extends the authority provided by section 3017 
of WRRDA 2014 (33 U.S.C. 3303a note; Public Law 113-121).

Sec. 312. Pilot program for certain communities

    This section removes the 10-project cap for three programs 
created in sections 118 and 165 of WRDA 2020 (33 U.S.C. 2201 
note; Public Law 116-260) for rural and economically 
disadvantaged communities.

Sec. 313. Rehabilitation of Corps of Engineers constructed pump 
        stations

    This section amends section 133 of WRDA 2020 (33 U.S.C. 
2327a) to allow the Corps to rehabilitate non-Federal pump 
stations if they are integral to the operation of a broader 
Corps project for flood or coastal storm risk management.

Sec. 314. Chesapeake Bay environmental restoration and protection 
        program

    This section amends section 510(a)(2) of the Water 
Resources Development Act of 1996 (WRDA 1996; 110 Stat. 3759; 
128 Stat. 1317) to include the protection of eroding 
streambanks, wastewater treatment, and stormwater and drainage 
systems as eligible projects.

Sec. 315. Evaluation of hydrologic changes in Souris River basin

    This section authorizes the Corps to evaluate hydrologic 
changes affecting the 1989 ``Agreement Between the Government 
of Canada and the United States of America for Water Supply and 
Flood Control in the Souris River Basin.''

Sec. 316. Memorandum of understanding relating to Baldhill Dam, North 
        Dakota

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

Sec. 317. Upper Mississippi River restoration program

    This section amends section 1103(e)(3) of WRDA 1986 (33 
U.S.C. 652(e)(3)) by increasing the authorized level of funding 
available for ecosystem restoration activities in the Upper 
Mississippi River system.

Sec. 318. Harmful algal bloom demonstration program

    This section amends section 128(c) of WRDA 2020 (33 U.S.C. 
610 note) to include the Upper Mississippi River and its 
tributaries as a focus area within the Corps' harmful algal 
bloom demonstration program.

Sec. 319. Colleton County, South Carolina

    This section allows construction carried out by non-Federal 
interests before the date of enactment of this Act for the 
project for hurricane and storm damage risk reduction, Colleton 
County, South Carolina to be eligible for in-kind credit.

Sec. 320. Arkansas River corridor, Oklahoma

    This section amends section 3132 of the WRDA 2007 (121 
Stat. 1141) to increase the authorization level and authorize 
the Corps to carry out additional feasibility studies for 
certain components of the Arkansas River Corridor Master Plan.

Sec. 321. Abandoned and inactive noncoal mine restoration

    This section amends section 560 of WRDA 1999 (33 U.S.C. 
2336) to allow assistance carried out on land taken into trust 
on behalf of, and for the benefit of, an Indian Tribe be 
eligible under this authority at an adjusted cost-share. This 
section also increases the authorization of appropriations for 
the program.

Sec. 322. Asian carp prevention and control pilot program

    This section amends section 509(a)(2) of WRDA 2020 (33 
U.S.C. 610 note) to extend the Asian Carp Prevention and 
Control Pilot Program to the Tombigbee River Watershed.

Sec. 323. Forms of assistance

    This section amends section 592(b) of WRDA 1999 (113 Stat. 
379) to authorize the Corps to clarify eligible forms of 
environmental infrastructure assistance for non-Federal 
interests in Mississippi.

Sec. 324. Debris removal, New York Harbor, New York

    This section reinstates section 91 of WRDA 1974 (88 Stat. 
39) to authorize the Corps to carry out a project for New York 
Harbor collection and removal of drift.

Sec. 325. Invasive species management

    This section amends section 104 of the River and Harbor Act 
of 1958 (33 U.S.C. 610) to increase authorized annual 
appropriations for invasive species partnerships between the 
Corps and applicable States and Federal agencies and adds the 
Lake Erie Basin and Ohio River Basin as eligible locations for 
these partnerships.

Sec. 326. Wolf River Harbor, Tennessee

    This section modifies the Wolf River Harbor, Tennessee 
project for navigation to reduce the authorized dimensions of 
the project.

Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and 
        Nebraska

    This section amends section 601(a) of WRDA 1986 (100 Stat. 
4143; 121 Stat. 1155; 113 Stat. 306) to authorize the Corps to 
consider incidental flood risk management benefits when 
acquiring mitigation lands for the Missouri River Bank 
Stabilization and Navigation Project.

Sec. 328. Invasive species management pilot program

    This section amends section 104(f)(4) of the River Harbor 
Act of 1958 (33 U.S.C. 610(f)(4)) to extend the authorization 
of the program through 2026.

Sec. 329. Nueces County, Texas, conveyances

    This section authorizes the Corps, upon written request of 
the Port of Corpus Christi, to review the land owned and 
easements held by the United States for purposes of navigation 
in Nueces County, Texas, and to convey lands and easements the 
Corps determines are no longer required for project purposes, 
to the Port of Corpus Christi, under certain circumstances.

Sec. 330. Mississippi delta headwaters, Mississippi

    This section authorizes the Corps to carry out emergency 
maintenance activities on completed features of the project for 
flood damage reduction, bank stabilization, and sediment and 
erosion control, Yazoo Basin, Mississippi Delta Headwaters, 
Mississippi.

Sec. 331. Ecosystem restoration, Hudson-Raritan estuary, New York and 
        New Jersey

    This section modifies section 401(5) of WRDA 2020 (134 
Stat. 2740) to authorize the Corps to conduct additional 
feasibility studies for ecosystem restoration in New York and 
New Jersey as part of the Hudson-Raritan Estuary project.

Sec. 332. Timely reimbursement

    This section requires the Corps to reimburse non-Federal 
interests for advanced funds exceeding the non-Federal share of 
construction costs as soon as practicable after the completion 
of each individual contract for a project for navigation 
authorized by section 1401(1) of the WIIN Act (130 Stat. 1708).

Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina

    This section changes the cost-share requirements for the 
Fish Passage at New Savannah Bluff Lock and Dam mitigation 
feature of the Savannah Harbor Expansion Project.

Sec. 334. Lake Tahoe basin restoration, Nevada and California

    This section establishes a program and authorizes funding 
for environmental infrastructure assistance to non-Federal 
interests in the Lake Tahoe Basin.

Sec. 335. Additional assistance for eastern Santa Clara basin, 
        California

    This section amends section 111 of the Consolidated 
Appropriations Act of 2001 (114 Stat. 2763A-224) to clarify 
activities eligible for assistance in the Santa Clara Basin, 
California.

Sec. 336. Tribal partnership program

    This section extends the Tribal Partnership Program through 
fiscal year 2033. This section also authorizes the first 
$100,000 of study costs to be at full Federal expense and 
increases the Federal cost limit for continuing authority to 
design and construct projects.

Sec. 337. Surplus water contracts and water storage agreements

    This section makes permanent the prohibition on the 
charging of fees for surplus water contracts in the Upper 
Missouri Mainstem Reservoirs enacted in section 1046(c) of 
WRRDA 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715).

Sec. 338. Copan Lake, Oklahoma

    This section directs the Corps to amend the contract for 
storage space for water supply between the United States and 
the Copan Public Works Authority in Copan Lake, Oklahoma.

Sec. 339. Enhanced development program

    This section directs the Corps to fully implement section 
3134 of WRDA 2007 (121 Stat. 1142; 130 Stat. 1671) and section 
164 of WRDA 2020 (134 Stat. 2668).

Sec. 340. Ecosystem restoration coordination

    This section directs the Corps to coordinate with Federal, 
regional, and state authorities on toxics remediation when 
carrying out the project for ecosystem restoration, South Fork 
of the South Branch of the Chicago River, Bubbly Creek, 
Illinois.

Sec. 341. Acequias irrigation systems

    This section amends section 1113 of WRDA 1986 (100 Stat. 
4232) to increase the authorization amount for the Acequia 
program in New Mexico and authorizes the Corps to protect and 
restore Acequias located on land belonging to a federally 
recognized Indian Tribe in New Mexico. The non-Federal cost-
share is 10 percent when a project benefits an economically 
disadvantaged community.

Sec. 342. Rogers County, Oklahoma

    This section authorizes the Corps to convey approximately 
176 acres of Federal land to the City of Tulsa-Rogers County 
Port Authority.

Sec. 343. Water supply storage repair, rehabilitation, and replacement 
        costs

    This section amends section 301(b) of the Water Supply Act 
of 1958 (43 U.S.C. 390b(b)) to expand payment options for State 
or local interests to reimburse the Corps for repair, 
rehabilitation, and replacement costs for municipal and 
industrial water supply storage.

Sec. 344. Non-Federal payment flexibility

    This section amends section 103(l) of WRDA 1986 (33 U.S.C. 
2213(l)) to authorize the Corps, at the request of any non-
Federal interest, to waive accrual of interest on any non-
Federal cash contribution for up to one year for a water 
resources development project.

Sec. 345. North Padre Island, Corpus Christi Bay, Texas

    This section clarifies that the project for ecosystem 
restoration, North Padre Island, Corpus Christi Bay, Texas, is 
not eligible for Corps emergency repair and restoration 
assistance under the Flood Control Act of 1941 (55 Stat. 650, 
chapter 377; 33 U.S.C. 701n(a)).

Sec. 346. Waiver of non-Federal share of damages related to certain 
        contract claims

    This section authorizes the Corps, under certain 
circumstances, to waive the payment of the non-Federal 
interest's share of damages awarded to a contractor for 
construction of a navigation project under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577).

Sec. 347. Algiers Canal levees, Louisiana

    This section directs the Corps to resume operation and 
maintenance of the Algiers Canal Levees in Louisiana.

Sec. 348. Israel River ice control project, Lancaster, New Hampshire

    This section deauthorizes the project for flood control, 
Israel River, Lancaster, New Hampshire, which was formerly 
authorized by section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s).

Sec. 349. City of El Dorado, Kansas

    This section amends a 1972 water supply storage contract 
between the United States and the City of El Dorado, Kansas to 
change the method of interest calculation.

Sec. 350. Upper Mississippi River protection

    This section prohibits the Corps from recommending the 
deauthorization of the Upper St. Anthony Falls Lock and Dam 
unless a non-Federal public entity is identified to assume 
ownership. This section also authorizes the Corps to 
investigate the feasibility of modifying the Upper St. Anthony 
Falls Lock and Dam to add ecosystem restoration as an 
authorized purpose.

Sec. 351. Regional Corps of Engineers office, Corpus Christi, Texas

    This section authorizes the Corps to convey two tracts of 
improved land to the Port of Corpus Christi Authority at fair 
market value.

Sec. 352. Pilot program for good neighbor authority on Corps of 
        Engineers land

    This section authorizes the Corps to carry out a pilot 
program to enter into good neighbor agreements with the 
Governor of Idaho to carry out forest, rangeland, and watershed 
restoration services on Federal land.

Sec. 353. Southeast Des Moines, southwest Pleasant Hill, Iowa

    This section extends the Des Moines Local Flood Protection 
Project to incorporate a portion of the Southeast Des Moines 
Southwest Pleasant Hill Levee. The section authorizes the Corps 
to convey necessary Federal easements to the City of Des Moines 
and to dispose of those Federal easements when no longer 
necessary for Federal project purposes.

Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New 
        Mexico

    This section requires the non-Federal share for the project 
for flood risk management, Middle Rio Grande, Bernalillo to 
Belen, New Mexico to be 25 percent, consistent with the 
percentage in effect when the project was originally 
authorized.

Sec. 355. Comprehensive Everglades restoration plan, Florida

    This section amends section 601(e)(5)(D) of WRDA 2000 (114 
Stat. 2685) to clarify that the Corps shall only require a cash 
contribution from the non-Federal sponsor once every 5 years to 
satisfy cost share requirements.

Sec. 356. Maintenance dredging permits

    This section encourages the Corps to prioritize the 
reissuance of any regional general permit for maintenance 
dredging that expired prior to May 1, 2021 in accordance with 
relevant environmental statutes.

Sec. 357. Puget Sound nearshore ecosystem restoration, Washington

    This section requires the Corps to consider the removal and 
replacement of certain bridges and a causeway at the Duckabush 
River Estuary site in the Puget Sound Nearshore Restoration 
Project, as a primary project feature rather than a relocation, 
for the purposes of cost sharing.

Sec. 358. Tribal assistance

    This section requires the Corps to revise and carry out the 
village development plan for Dalles Dam, Columbia River, 
Washington and Oregon to address the impacts to Indian villages 
and housing sites that resulted from construction of multiple 
dams by the Corps in the Columbia River Basin.

Sec. 359. Recreational opportunities at certain projects

    This section includes a sense of Congress that two Corps 
projects in Vermont, Ball Mountain Lake and Townshend Lake, 
should be operated in such a manner as to protect and enhance 
recreation. This section authorizes the Corps to modify, or 
undertake temporary deviations from, the water control plans 
for these projects, in order to enhance recreation.

Sec. 360. Rehabilitation of Corps of Engineers constructed dams

    This section amends section 1177 of the WIIN Act (33 U.S.C. 
467f-2) by reducing the non-Federal share of costs for the 
Waterbury Dam rehabilitation project in Washington County, 
Vermont, from 35 percent to the cost-share assigned to the non-
Federal interest for the initial construction of Waterbury Dam.

Sec. 361. South Florida ecosystem restoration task force

    This section amends section 528(f)(1)(J) of WRDA 1996 (110 
Stat. 3771) to change the membership requirements of the South 
Florida Ecosystem Restoration Task Force.

Sec. 362. New Madrid County Harbor, Missouri

    This section amends section 509 of WRDA 1996 (110 Stat. 
3759; 113 Stat. 339; 114 Stat. 2679) to authorize the Corps to 
maintain the navigation channel at the second harbor at the New 
Madrid County Harbor, Missouri if certain conditions are met.

Sec. 363. Trinity River and tributaries, Texas

    This section amends section 1201(7) of the Water Resources 
Development Act of 2018 (WRDA 2018; 132 Stat. 3802) to modify 
the study authority for the Trinity River and Tributaries, 
Texas navigation project to add flood risk management and 
ecosystem restoration as authorized purposes.

Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois

    This section directs the Corps, upon request from the 
Governor of Illinois, to terminate specified water supply 
contracts with the State of Illinois at Rend Lake, Carlyle Lake 
and Lake Shelbyville.

Sec. 365. Federal assistance

    This section extends the Corps' operations and maintenance 
assistance authority under section 1328 of the America's Water 
Infrastructure Act of 2018 (132 Stat. 3826).

Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma

    This section authorizes a transfer of land at Sardis Lake, 
Oklahoma to the Secretary of Interior to be held in trust for 
the benefit of the Choctaw Nation.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

Sec. 401. Project authorizations

    This section authorizes construction for 21 projects for 
which a Chief of Engineers Report or other decision document 
has been submitted to Congress.

Sec. 402. Storm damage prevention and reduction, coastal erosion, and 
        ice and glacial damage, Alaska

    This section establishes a program for structural and 
nonstructural projects for storm damage prevention and 
reduction, coastal erosion, and ice and glacial damage in 
Alaska.

Sec. 403. Expedited completion of projects

    This section directs the Corps to expedite the completion 
of certain water resources development projects.

Sec. 404. Special rules

    This section specifies additional conditions for 
implementation of certain projects expedited in section 403 of 
this Act.

Sec. 405. Chattahoochee River program

    This section requires the Corps to establish a program to 
provide assistance to non-Federal interests in the 
Chattahoochee River Basin for water-related resource protection 
and restoration projects affecting the basin.

Sec. 406. Lower Mississippi River basin demonstration program

    This section requires the Corps to establish a program to 
provide assistance to non-Federal interests in the Lower 
Mississippi River Basin for projects focused on flood or 
coastal storm risk management or aquatic ecosystem restoration.

Sec. 407. Forecast-informed reservoir operations

    This section authorizes the Corps to conduct a pilot 
program at one or more dams owned and operated by the Agency 
within the footprint of the North Atlantic Division to assess 
the viability of forecast-informed reservoir operations and 
report to Congress on the results of the pilot program.

Sec. 408. Mississippi River mat sinking unit

    This section directs the Corps to expedite the replacement 
of the Mississippi River Mat Sinking Unit.

Sec. 409. Sense of congress relating to Okatibbee Lake

    This section includes a sense of Congress that addressing 
shoreline sloughing and erosion at a Corps project is eligible 
to be carried out by the Corps as part of the operation and 
maintenance of the project.

                          Legislative History

    On May 4, 2022, the Committee on Environment and Public 
Works, under the chairmanship of Senator Carper, conducted a 
business meeting to consider the original bill (S. 4136), WRDA 
2022. The original bill was favorably reported out of Committee 
by a unanimous roll call vote of 20-0.

                                Hearings

    Since the passage of WRDA 2020, the Committee on 
Environment and Public Works has held five hearings during the 
117th Congress to conduct jurisdictional oversight of the 
Corps' activities, as well as its implementation of prior 
WRDAs, and to hear from stakeholders regarding what priorities 
should be addressed in WRDA 2022.
    June 24, 2021 Full Committee Hearing: ``The Role of Natural 
and Nature-Based Features in Water Resources Projects.''
    July 28, 2021 Full Committee Hearing: ``Examining the 
Benefits of Investing in United States Army Corps of Engineers 
Water Infrastructure Projects.''
    October 6, 2021 Full Committee Hearing: ``The United States 
Army Corps of Engineers Emergency Response to Hurricane Ida.''
    January 12, 2022 Full Committee Hearing: ``Water Resources 
Development Act Oversight: USACE Implementation of Water 
Infrastructure Projects, Programs and Priorities.''
    February 23, 2022 Full Committee Field Hearing: ``Examining 
Shoreline and Riverbank Restoration in the face of Climate 
Change.''

               Committee Consideration and Rollcall Votes

    On May 4, 2022, the Committee on Environment and Public 
Works met and considered WRDA 2022. During the business 
meeting, the Committee approved by voice vote with a quorum 
present an amendment offered by Senator Inhofe to make a 
technical correction to section 342 of the legislative text 
under consideration.
    The Committee on Environment and Public Works ordered the 
amended legislative text reported favorably as an original bill 
to the Senate by a roll call vote of 20-0 (yeas: Boozman, 
Capito, Cardin, Carper, Cramer, Duckworth, Ernst, Graham, 
Inhofe, Kelly, Lummis, Markey, Merkley, Padilla, Sanders, 
Shelby, Stabenow, Sullivan, Whitehouse, and Wicker) with a 
quorum present.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 4136 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.
    The bill also contains no new private-sector mandates as 
defined in UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 21, 2022.
Hon. Thomas Carper,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 4136, the Water 
Resources Development Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    S. 4136 would authorize the Army Corps of Engineers to 
construct projects and conduct feasibility studies to improve 
navigation, mitigate storm and hurricane damage, and restore 
ecosystems.

ESTIMATED BUDGETARY EFFECTS OF S. 4136, THE WATER RESOURCES DEVELOPMENT ACT OF 2022, AS REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
                                                                     ON MAY 4, 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2022   2023   2024   2025   2026   2027   2028   2029   2030   2031   2032  2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Increases or Decreases (-) in Direct Spending
 
Spending of Construction Funding Provided in IIJA:a
    Estimated Budget Authority.......................      0      0      0      0      0      0      0      0      0      0      0        0           0
    Estimated Outlays................................      0     15     40     75    110    135    145    150    150    150    150      375       1,120
Deferral of Payments From the State of Louisiana:b
    Estimated Budget Authority.......................      0    324      0      0      0      0      0      0      0      0      0      324         324
    Estimated Outlays................................      0    324      0      0      0      0      0      0      0      0      0      324         324
Spending of Recreation Fees:c
    Estimated Budget Authority.......................     54     55     55     55     55     55     55     55     55     55     55      329         604
    Estimated Outlays................................      *     76     71     55     55     55     55     55     55     55     55      312         587
Net Proceeds from Land Conveyances and Other Provisions:d
    Estimated Budget Authority.......................      0     -1     -1      *      *      *      *      *      *      *      *       -1           1
    Estimated Outlays................................      0     -1     -1      *      *      *      *      *      *      *      *       -1           1
Total Changes in Direct Spending:
    Estimated Budget Authority.......................     54    378     54     55     55     55     55     55     55     55     55      653         930
    Estimated Outlays................................      *    414    110    130    165    190    200    205    205    205    205    1,011       2,033
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBO expects that the bill will be enacted near the end of fiscal year 2022; components may not to sum to totals because of rounding; IIJA =
  Infrastructure Investment and Jobs Act; * = between zero and $500,000.

    CBO estimates that enacting S. 4136 would increase direct 
spending by $2 billion over the 2022-2032 period and would not 
affect revenues. CBO has not completed an estimate of the 
bill's effects on spending subject to appropriation.
    S. 4136 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On June 8, 2022, CBO transmitted a cost estimate for H.R. 
7776, the Water Resources Development Act of 2022, as posted on 
the website of the House Committee on Rules on June 6, 2022. 
The two pieces of legislation are different, and CBO's 
estimates of direct spending for the bills reflect those 
differences.
    a. Because S. 4136 would authorize appropriations for 
purposes similar to purposes specified in the IIJA, CBO 
estimates that enacting S. 4136 would increase direct spending 
by $1.1 billion. We project that about half of the $11.6 
billion appropriated in that law for construction projects 
would be spent by 2032; the remainder would spend after 2032. 
As a result, some of the funds provided in the IIJA would be 
available for the construction projects authorized under S. 
4136. Using information from the Corps, CBO estimates that 
roughly 10 percent of the cost of those projects, about $1.1 
billion, would be spent from IIJA funds over the 2022-2032 
period.
    b. S. 4136 would delay from 2023 until 2032 repayment of 
one-third of the funds that the state of Louisiana owes the 
federal government under deferred-payment agreements. The bill 
would authorize the state to apply credits awarded for 
mitigation and other work performed on related projects against 
the amounts owed. Using information from the Corps, CBO 
estimates that the federal government would forgo $324 million 
in payments in 2023: $249 million for the one-third of the 
payment that would be delayed until 2032 and $75 million for 
credits for work performed in excess of the nonfederal share of 
the cost of other projects. Further, CBO expects that Louisiana 
would not make the delayed $249 million payment in 2032 because 
that payment would be satisfied by credits awarded for 
mitigation costs incurred by the state, as allowed under the 
bill.
    c. Section 119 would authorize the Corps to spend, without 
further appropriation, fees charged at recreation sites and 
facilities under its jurisdiction. Under current law, there is 
a balance of $54 million and the Corps collects about $55 
million each year in such fees. On that basis, CBO estimates 
that enacting the provision would increase direct spending by 
$587 million over the 2022-2032 period.
    d. Sections 342, 351, and 366 would authorize the Corps to 
convey federal land and facilities to specific entities in 
exchange for the fair-market value of the assets. Those 
transactions would increase offsetting receipts (which are 
recorded in the budget as decreases in direct spending) by $3 
million over the 2022-2032 period.
    Sections 338, 349, and 346 would direct the Corps to amend 
water storage contracts in Copan Lake, Oklahoma, and the City 
of El Dorado, Kansas, and to waive amounts owed to the federal 
government by a nonfederal sponsor for damages awarded in a 
contract dispute. CBO estimates that enacting those provisions 
would increase direct spending by $4 million over the 2022-2032 
period.
    On net, enacting those six provisions would increase direct 
spending by $1 million over the 2022-2032 period.

                            Committee Views

    Last year, Congress made historic investments in the 
Nation's core infrastructure priorities with the passage of the 
Infrastructure Investment and Jobs Act (IIJA). The Committee 
encourages the Corps of Engineers to work with other Federal 
agencies to utilize funding provided by the IIJA for the 
replacement or repair of Corps-owned bridges.
    The Committee encourages the Corps to continue to explicate 
comprehensive documentation of benefits in project planning. As 
the Secretary implements the Principles, Requirements, and 
Guidelines for Water and Related Land Resources Implementation 
Studies, the Committee expects these agency-specific procedures 
to foster a comprehensive, consistent, and clear assessment in 
project planning documents that allows for full participation 
by non-Federal sponsors.
    Additionally, the Committee urges the Corps to continue to 
plan and construct more resilient projects. In this bill, the 
Committee empowers communities to partner with the Corps to 
address water supply conservation, drought risk reduction, and 
all drivers of flood and coastal storm risk in a comprehensive 
manner. The Committee expects the Secretary to continue to 
account for the effects of sea level rise, including an 
increase in the extent, magnitude, and frequency of tidal 
flooding, in the formulation of flood and coastal storm risk 
management and ecosystem restoration projects by fully 
implementing existing authorities such as section 113 of WRDA 
2020.
    Section 307 of the bill modifies the cost-share for several 
studies and projects carried out by the Corps. The Committee 
intends for the cost-share modification for the Port of Nome, 
Alaska, specified in section 307(a)(4), to apply to the total 
cost associated with general navigation features of the 
project, including any cash obligations under section 101(a)(2) 
of WRDA 1986 (33 U.S.C. 2211(a)(2)).
    Section 309 of the bill clarifies that the shoreline 
reaches included remain eligible for dredged material placement 
under continuing authorities for beneficial use, pending 
reformulation of the project. The Committee intends for the 
cost-share specified in section 309 to apply to such placements 
of dredged material only to the extent that the applicable 
continuing authority otherwise requires a non-Federal sponsor 
to share in the costs. If requested by the non-Federal sponsor, 
reformulation of the project may proceed under section 212 of 
WRDA 1999 (33 U.S.C. 2332), as amended by section 102 of the 
bill.
    Stakeholder interest in pursuing projects under CAP remains 
robust. This program allows the Corps to pursue projects 
without specific congressional authorization if the Federal 
share of project costs does not exceed a defined limit. While 
this bill does not increase the per-project Federal 
participation limits for CAP except in one instance, the 
Committee notes that section 127 of WRDA 2020 provides a 
process for authorizing increases in the Federal participation 
limit for individual projects. The Corps is directed to fully 
implement this provision and to make sure all Corps districts 
and non-Federal sponsors of CAP projects are aware of and fully 
understand the process.
    The Committee also recognizes the significant benefits 
provided to communities by the Corps' environmental 
infrastructure (EI) programs. Accordingly, this bill modifies 
or authorizes 34 existing or new EI authorities. The Committee 
intends for the additional appropriations authorized under 
section 301(ee) for the EI authority authorized under section 
594 of WRDA 1999 to be administered in a manner consistent with 
the previous funding authorized under section 594. 
Additionally, the Committee encourages the Secretary to engage 
with the Town of Cicero, Illinois and the Village of Dixmoor, 
Illinois to identify opportunities to assist in the replacement 
and upgrading of the communities' water distribution systems 
under the EI authority for Cook County, Illinois provided under 
section 219(f)(54) of WRDA 1992.
    The Committee included a number of provisions in the bill 
to enhance non-Federal participation in the delivery of water 
resources development projects. In particular, section 112 
provides the Secretary with the discretion to authorize a non-
Federal sponsor to undertake emergency repair and restoration 
activities using Federal funds. Although the Committee expects 
the Corps' emergency repair and restoration program to continue 
to be implemented primarily through the provision of direct 
assistance, the authority provided by section 112 affords the 
Corps with the flexibility to authorize non-Federal sponsors on 
a case-by-case basis to perform activities using Federal funds 
when the Corps determines it to be in the overall best interest 
of the program. The Committee expects repair and restoration 
activities undertaken by non-Federal sponsors to be funded 
incrementally in phases, consistent with the Corps' funding of 
activities undertaken directly by the Corps under the program.
    Further, the Committee seeks to expand communities' access 
to the Corps' planning expertise. Section 106 amends the 
Planning Assistance to States (PAS) program to authorize 
funding for the Corps to inform and educate non-Federal 
interests about the Corps' missions. In particular, the 
Committee encourages the Corps to utilize the PAS program to 
reach out to non-Federal interests in the Chesapeake Bay Region 
to foster the development of project proposals for 
consideration under the program established by section 510 of 
WRDA 1996. The Committee also encourages the Corps to utilize 
the PAS program to engage with coastal and inland communities 
and provide technical assistance in the identification of sites 
for the disposal of dredged material from underserved community 
harbors with local and regional economic significance.
    The Committee provides the Secretary with the authority to 
fully fund a Federal interest determination as part of 
feasibility studies for projects under the Tribal Partnership 
Program and for projects for the protection and restoration of 
shoreline and riverbanks. In addition to encouraging the 
Secretary to implement these authorities upon enactment, the 
Committee directs the Corps to fully implement the existing 
authority to make Federal interest determinations at Federal 
expense for economically disadvantaged communities and other 
communities that Congress provided in section 117 of WRDA 2020.
    Finally, the Committee believes the Corps must continue to 
improve its stakeholder engagement practices. In particular, 
the Committee reminds the Secretary that section 3014 of WRRDA 
2014, as amended by section 142 of WRDA 2020, provides 
authority for the Corps to aid stakeholders seeking 
accreditation under the National Flood Insurance Program for 
federally-authorized levees. Additionally, the Committee 
encourages the Secretary to fully implement authorities to 
permit the alteration of federally-authorized water resources 
development projects. In addition to section 14 of the Rivers 
and Harbors Appropriations Act of 1899 (commonly known as 
``Section 408''), these authorities include section 1116 of the 
WIIN Act. Section 1116, as amended by section 134 of this bill, 
provides authority to modify projects for purposes of 
implementing water conservation measures in States that have 
experienced repeated drought. The Committee urges the Secretary 
to explore opportunities to implement section 1116 at 
federally-authorized water resources development projects, 
including the Big Dry Creek Reservoir and Dam in Fresno County, 
California.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


Water Resources Development Act of 1974

           *       *       *       *       *       *       *


  Sec. 22. (a) Federal State Cooperation.--
          (1) Comprehensive plans.-- * * *

           *       *       *       *       *       *       *

          (3) Institution of higher education.--Notwithstanding 
        [section 236 of title 10] section 4141 of title 10, 
        United States Code, in carrying out this subsection, 
        the Secretary may work with an institution of higher 
        education, as determined appropriate by the Secretary.
          (4) Prioritization.--To the maximum extent 
        practicable, the Secretary shall prioritize the 
        provision of assistance under this subsection to 
        address both inland and coastal life safety risks.
  (b) Outreach.--
          (1) In general.--The Secretary is authorized to carry 
        out activities, at full Federal expense--
                  (A) to inform and educate States and other 
                non-Federal interests about the missions, 
                programs, policies, and procedures of the Corps 
                of Engineers; and
                  (B) to engage with States and other non-
                Federal interests to identify specific 
                opportunities to partner with the Corps of 
                Engineers to address water resources 
                development needs.
          (2) Staff.--The Secretary shall designate staff in 
        each district office of the Corps of Engineers to 
        provide assistance under this subsection.
  [(b)] (c) Fees.--
          (1) Establishmenant and collection.--For the purpose 
        of recovering 50 percent of the total cost of providing 
        assistance pursuant to subsection (a), the Secretary of 
        the Army is authorized to establish appropriate fees, 
        as determined by the Secretary, and to collect such 
        fees from States and other non-Federal public bodies to 
        whom assistance is provided under subsection (a).
          (2) Contributed funds.--The Secretary may accept and 
        expend funds in excess of the fees established under 
        paragraph (1) that are provided by a State or other 
        non-Federal interest for assistance under this section.
          (3) In-kind services.--The non-Federal contribution 
        for preparation of a plan subject to the cost sharing 
        program under this subsection may be made by the 
        provision of services, materials, supplies, or other 
        in-kind services necessary to prepare the plan.
          (4) Deposit and use.--Fees collected under this 
        subsection shall be deposited into the account in the 
        Treasury of the United States entitled, ``Contributions 
        and Advances, Rivers and Harbors, Corps of Engineers 
        (8862)'' and shall be available until expended to carry 
        out this section.
  [(c)] (d) Authorization of Appropriations.--
          (1) Federal and state cooperation.--There is 
        authorized to be appropriated not to exceed $30,000,000 
        annually to carry out subsection (a)(1), except that 
        not more than $5,000,000 in Federal funds shall be 
        expended in any one year in any one State. The 
        Secretary may allow 2 or more States to combine all or 
        a portion of the funds that the Secretary makes 
        available to the States in carrying out subsection 
        (a)(1).
          (2) Technical assistance.--There is authorized to be 
        appropriated $15,000,000 annually to carry out 
        subsection (a)(2), of which not more than $2,000,000 
        annually may be used by the Secretary to enter into 
        cooperative agreements with nonprofit organizations to 
        provide assistance to rural and small communities.
          (3) Outreach.--There is authorized to be appropriated 
        $30,000,000 for each fiscal year to carry out 
        subsection (b).
          (4) Prioritization.--To the maximum extent 
        practicable, the Secretary shall prioritize the 
        provision of assistance under this section to 
        economically disadvantaged communities (as defined 
        pursuant to section 160 of the Water Resources 
        Development Act of 2020 (33 U.S.C. 2201 note; Public 
        Law 116-260)).
  [(d)] (e) Annual Submission of Proposed Activities.--
Concurrent with the President's submission to Congress of the 
President's request for appropriations for the Civil Works 
Program for a fiscal year, 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 describing the individual 
activities proposed for funding under subsection (a)(1) for 
that fiscal year.
  [(e)] (f) For the purposes of this section, the term 
``State'' means the several States of the United States, Indian 
tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, the Commonwealth of the Northern Marianas, 
and the Trust Territory of the Pacific Islands.
  [(f)] (g) Special Rule.--The cost-share for assistance under 
this section provided to Indian tribes, the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
Commonwealth of the Northern Marianas, and the Trust Territory 
of the Pacific Islands shall be as provided under section 1156 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2310).

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1976

           *       *       *       *       *       *       *


  Sec. 142. * * *

           *       *       *       *       *       *       *

  Sec. 156. [42 U.S.C. 1962d-5f]
  (a) In General.-- * * *

           *       *       *       *       *       *       *

  (b) Review.--
          (1) In general.--Notwithstanding subsection (a), the 
        Secretary shall, at the request of the non-Federal 
        interest, carry out a study to determine the 
        feasibility of extending the period of nourishment 
        described in subsection (a) for a period not to exceed 
        [15] (50) additional years beyond the maximum period 
        described in subsection (a).
          (2) Timing.--The [15] additional years provided under 
        paragraph (1) shall begin on the date of initiation of 
        construction of congressionally authorized nourishment.

           *       *       *       *       *       *       *

  (e) Special Rule.--Notwithstanding any other provision of 
this section, for any existing authorized water resources 
development project for which the maximum period for 
nourishment described in subsection (a) will expire within the 
[10-year period] 16-year period beginning on the date of 
enactment of the Water Resources Reform and Development Act of 
2014, that project shall remain eligible for nourishment for an 
additional [6 years] 12 years after the expiration of such 
period.
  (f) Treatment of Studies.--A study carried out under 
subsection (b) shall be considered a new phase investigation 
afforded the same treatment as a general reevaluation.

           *       *       *       *       *       *       *


Water Resources Development Act of 1986

           *       *       *       *       *       *       *



                         TITLE I--COST SHARING


SEC. 101. HARBORS.

  (a) Constructon.--
          (1) Payments during construction.-- * * *

           *       *       *       *       *       *       *


SEC. 102. INLAND WATERWAY TRANSPORTATION.

  (a) Construction.--[One-half of the costs] 75 percent of the 
costs of construction--
          (1) of each project authorized by title III of this 
        Act,

           *       *       *       *       *       *       *

shall be paid only from amounts appropriated from the general 
fund of the Treasury. [One-half of such costs] 25 percent of 
such costs shall be paid only from amounts appropriated from 
the Inland Waterways Trust Fund. For purposes of this 
subsection, the term ``contruction'' shall include planning, 
designing, engineering, surveying, the acquisition of all 
lands, easements, and rights-of-way necessary for the project, 
including lands for disposal of dredged material, and 
relocations necessary for the project.

SEC. 103. FLOOD CONTROL AND OTHER PURPOSES.

  (a) Flood Control.--
          (1) General rule.-- * * *

           *       *       *       *       *       *       *

  (k) Payment Options.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (4) Treatment of pre-payment.--[Notwithstanding]
                  (A) In general.--Notwithstanding a deferred 
                payment agreement with a non-Federal interest, 
                the Secretary shall accept, without interest of 
                any type, the repayment of a non-Federal 
                contribution for any eligible deferred payment 
                described in paragraph (2)(B) for which--
                  [(A)]
                          (i) the non-Federal interest makes a 
                        payment of at least [$200 million] 
                        $200,000,000 for that eligible deferred 
                        payment agreement on or before 
                        September 30, 2021; [and]
                  [(B)]
                          (ii) the non-Federal interest repays 
                        an amount equal to \2/3\ of the 
                        remaining principal by September 30, 
                        2023[.] ; and
                          (iii) the non-Federal interest repays 
                        the balance of remaining principal by 
                        June 1, 2032.
                  (B) Repayment options.--Repayment of a non-
                Federal contribution under subparagraph 
                (A)(iii) may be satisfied through the provision 
                by the non-Federal interest of fish and 
                wildlife mitigation for one or more projects or 
                separable elements, if the Secretary determines 
                that--
                          (i) the non-Federal interest has 
                        incurred costs for the provision of 
                        mitigation that--
                                  (I) equal or exceed the 
                                amount of the required 
                                repayment; and
                                  (II) are in excess of any 
                                required non-Federal 
                                contribution for the project or 
                                separable element for which the 
                                mitigation is provided; and
                          (ii) the mitigation is integral to 
                        the project for which it is provided.

           *       *       *       *       *       *       *

  [(l) Delay of Initial Payment.--At the request of]
  (l) Delay of Payment.--
          (1) Initial payment.--At the request of any non-
        Federal interest the Secretary may permit such non-
        Federal interest to delay the initial payment of any 
        non-Federal contribution under this section or section 
        101 for up to one year after the date when construction 
        is begun on the project for which such contribution is 
        to be made. Any such delay in initial payment shall be 
        subject to interest charges for up to six months at a 
        rate determined pursuant to section 106.
          (2) Interest.--
                  (A) In general.--At the request of any non-
                Federal interest, the Secretary may waive the 
                accrual of interest on any non-Federal cash 
                contribution under this section or section 101 
                for a project for a period of not more than 1 
                year if the Secretary determines that--
                          (i) the waiver will contribute to the 
                        ability of the non-Federal interest to 
                        make future contributions; and
                          (ii) the non-Federal interest is in 
                        good standing under terms agreed to 
                        under subsection (k)(1).
                  (B) Limitations.--The Secretary may grant not 
                more than 1 waiver under subparagraph (A) for 
                the same project.

           *       *       *       *       *       *       *


              (PUBLIC LAW 99-662-NOV. 17, 1986 100 STAT.)

   MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, A N D NEBRASKA

    The project for mitigation of fish and wildlife losses, 
Missouri River Bank Stabilization and Navigation Project, 
Missouri, Kansas, Iowa, and Nebraska: Report of the Chief of 
Engineers, dated April 24,1984, at a total cost of $51,900,000, 
with a first Federal cost of $51,900,000. The Secretary shall 
study the need for additional measures for mitigation of losses 
of aquatic and terrestrial habitat caused by such project and 
shall report to Congress, within three years after the date of 
enactment of this Act, on the results of such study and any 
recommendations for additional measures needed for mitigation 
of such losses When acquiring land to meet the requirements of 
fish and wildlife mitigation, the Secretary may consider 
incidental flood risk management benefits.

           *       *       *       *       *       *       *


TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS

           *       *       *       *       *       *       *



SEC. 1103. [33 U.S.C. 652] UPPER MISSISSIPPI RIVER PLAN.

  (a)(1) * * *

           *       *       *       *       *       *       *

  (e) Program Authority.--
          (1) Authority.--
                  (A) In general.-- * * *

           *       *       *       *       *       *       *

          (3) For purposes of carrying out paragraph (1)(A)(i) 
        of this subsection, there is authorized to be 
        appropriated to the Secretary [$40,000,000] $75,000,000 
        for fiscal year 1999 and each fiscal year thereafter.

           *       *       *       *       *       *       *


     [Public Law 99-662, Enacted November 17, 1986, 100 Stat. 4232]

      [As Amended Through P.L. 116-260, Enacted December 27, 2020]


(33 U.S.C. 2201)

           *       *       *       *       *       *       *


SEC. 1113. ACEQUIAS IRRIGATION SYSTEM.

  (a)(1) The Congress finds that the irrigation ditch systems 
in New Mexico, known as the Acequia systems, date from the 
eighteenth century, and that these early engineering works have 
significance in the settlement and development of the western 
portion of the United States.
          (2) The Congress, therefore, declares that the 
        restoration and preservation of the Acequia systems has 
        cultural and historic values to the region.
  [(b) Subject to section 903(a) of this Act, the Secretary is 
authorized and directed to undertake]
  (b) Authorization.--Subject to section 903(a), the Secretary 
shall carry out, without regard to economic analysis, such 
measures as are necessary to protect and restore the river 
diversion structures and associated [canals attendant to the 
oper-ations of the community ditch and Acequia systems in New 
Mexico that are declared to be a political subdivision of the 
State of New Mexico, at a total cost of $53,300,000, with an 
estimated first Federal cost of $40,000,000 and an estimated 
first non-Federal cost of $13,300,000. The non-Federal share of 
any work undertaken under this section shall be 25 percent.] 
channels attendant to the operations of the community ditch and 
Acequia systems in New Mexico that--
          (1) are declared to be a political subdivision of the 
        State; or
          (2) belong to a federally recognized Indian Tribe.
  (c) Inclusions.--The measures described in subsection (b) 
shall, to the maximum extent practicable--
          (1) ensure greater resiliency of diversion 
        structures, including to flow variations, prolonged 
        drought conditions, invasive plant species, and threats 
        from changing hydrological and climatic conditions; or
          (2) support research, development, and training for 
        innovative management solutions, including those for 
        controlling invasive aquatic plants that affect 
        Acequias.
  (d) Costs.--
          (1) Total cost.--The measures described in subsection 
        (b) shall be carried out at a total cost of 
        $80,000,000.
          (2) Cost sharing.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the non-Federal share of the 
                cost of carrying out the measures described in 
                subsection (b) shall be 25 percent.
                  (B) Special rule.--In the case of a project 
                benefitting an economically disadvantaged 
                community (as defined pursuant to section 160 
                of the Water Resources Development Act of 2020 
                (33 U.S.C. 2201 note; Public Law 116-260)), the 
                Federal share of the cost of carrying out the 
                measures described in subsection (b) shall be 
                90 percent.
  [(c)] [(e) The Secretary is further authorized and directed 
to]
  (e) Public Entity Status.--
          (1) In general.--The Secretary shall consider the 
        historic Acequia systems (community ditches) of the 
        southwestern United States as public entities, if these 
        systems are chartered by the respective State laws as 
        political subdivisions of that State or belong to a 
        federally recognized Indian Tribe within the State of 
        New Mexico. [This public entity status will allow the 
        officials of these Acequia systems]
          (2) Effect.--The public entity status provided 
        pursuant to paragraph (1) shall allow the officials of 
        the Acequia systems described in that paragraph to 
        enter into agreements and serve as local sponsors of 
        water-related projects of the Secretary.

           *       *       *       *       *       *       *


SEC. 1156. [33 U.S.C. 2310] COST SHARING PROVISIONS FOR THE TERRITORIES 
                    AND INDIAN TRIBES.

  (a) In general.--The Secretary shall waive local cost-sharing 
requirements up to $200,000 for all studies and projects--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Application to Studies.--
          (1) Inclusion.--For purposes of this section, the 
        term `study' includes watershed assessments.
          (2) Application.--The Secretary shall apply the 
        waiver amount described in subsection (a) to reduce 
        only the non-Federal share of study costs.

           *       *       *       *       *       *       *


Water Resources Development Act of 1988

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1988''.
  (b) Table of Contents.--

Sec. 1.  * * *
      * * * * * * *
Sec. . 7.[Collaborative research and development] Research and 
          devlopment
     * * * * * * *

SEC. 7. [COLLABORATIVE] RESEARCH AND DEVELOPMENT.

  (a) In General.--For the purpose of improving the state of 
engineering and construction in the United States and 
consistent with the mission [of the Army Corps of Engineers, 
the Secretary is authorized to utilize Army] of the Corps of 
Engineers, the Secretary is authorized to engage in basic 
research, applied research, advanced research, and development 
projects, including such projects that are--
          (1) authorized by Congress; or
          (2) included in an Act making appropriations for the 
        Corps of Engineers.
  (b) Collaborative Research and Development.--
          (1) In general.--In carrying out subsection (a), the 
        Secretary is authorized to utilize Corps of Engineers 
        laboratories and research centers to undertake, on a 
        cost-shared basis, collaborative research and 
        development with non-Federal entities, including State 
        and local government, colleges and universities, and 
        corporations, partnerships, sole proprietorships, and 
        trade associations which are incorporated or 
        established under the laws of any of the several States 
        of the United States or the District of Columbia.
  [(b)]
          (2) Administrative Provisions.--In carrying out this 
        section, the Secretary may consider the recommendations 
        of a non-Federal entity in identifying appropriate 
        research or development projects and may enter into a 
        cooperative research and development agreement, as 
        defined in section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a); 
        except that in such agreement, the Secretary may agree 
        to provide not more than 50 percent of the cost of any 
        research or development project selected by the 
        Secretary under this section. Not less than 5 percent 
        of the non-Federal entity's share of the cost of any 
        such project shall be paid in cash.
          [(1)] In General.--
                  (A) If the Secretary determines that 
                information developed as a result of research 
                and development activities conducted by the 
                Corps of Engineers is likely to be subject to a 
                cooperative research and development agreement 
                within 2 years of its development and that such 
                information would be a trade secret or 
                commercial or financial information that would 
                be privileged or confidential if the 
                information had been obtained from a non-
                Federal party participating in a cooperative 
                research and development agreement under 
                section 12 of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a), the 
                Secretary may provide appropriate protection 
                against the dissemination of such information, 
                including exemption from subchapter II of 
                chapter 5 of title 5, until the earlier of the 
                date the Secretary enters into such an 
                agreement with respect to such technology or 
                the last day of the 2-year period beginning on 
                the date of such determination.
          [(2)] Treatment.--
                  (B) Any technology covered by [this section] 
                this subsection that becomes the subject of a 
                cooperative research and development agreement 
                shall be accorded the protection provided under 
                section 12(c)(7)(B) of such Act (15 U.S.C. 
                3710a(c)(7)(B)) as if such technology had been 
                developed under a cooperative research and 
                development agreement.
  [(c)]
          (3) Administrative provisions.-- In carrying out 
        [this section] this subsection, the Secretary may 
        consider the recommendations of a non-Federal entity in 
        identifying appropriate research or development 
        projects and may enter into a cooperative research and 
        development agreement, as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a); except that in such agreement, the 
        Secretary may agree to provide not more than 50 percent 
        of the cost of any research or development project 
        selected by the Secretary under [this section] this 
        subsection. Not less than 5 percent of the non-Federal 
        entity's share of the cost of any such project shall be 
        paid in cash.
  [(d)]
          (4)Applicability of other laws.--The research, 
        development, or utilization of any technology pursuant 
        to an agreement under [subsection (c)] paragraph (3), 
        including the terms under which such technology may be 
        licensed and the resulting royalties may be 
        distributed, shall be subject to the provisions of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3701-3714).
  [(e) Additional Funding.--Notwithstanding the third proviso 
under the heading ``General Investigations'' of title I of the 
Energy and Water Development Appropriations Act, 1989 (102 
Stat. 857), an additional $3,000,000 of the funds appropriated 
under such heading shall be available to the Secretary for 
obligation to carry out the purposes of this section in fiscal 
year 1989.]
  [(f)]
          (5)Funding from other Federal sources.--The Secretary 
        may accept and expend additional funds from other 
        Federal programs, including other Department of Defense 
        programs, to carry out [this section] this subsection.
  (c) Other Transactions.--
          (1) Authority.--The Secretary may enter into 
        transactions (other than contracts, cooperative 
        agreements, and grants) in order to carry out this 
        section.
          (2) Education and training.--The Secretary shall--
                  (A) ensure that management, technical, and 
                contracting personnel of the Corps of Engineers 
                involved in the award or administration of 
                transactions under this section or other 
                innovative forms of contracting are afforded 
                opportunities for adequate education and 
                training; and
                  (B) establish minimum levels and requirements 
                for continuous and experiential learning for 
                such personnel, including levels and 
                requirements for acquisition certification 
                programs.
          (3) Notification.--The Secretary shall provide to the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure 
        of the House of Representatives notice of a transaction 
        under this subsection not less than 30 days before 
        entering into the transaction.
          (4) Report.--Not later than 3 years and not later 
        than 7 years after the date of enactment of the Water 
        Resources Development Act of 2022, the Secretary shall 
        submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        on the use of the authority under paragraph (1).
  (d) Report.--
          (1) In general.--For fiscal year 2025, and annually 
        thereafter, in conjunction with the annual budget 
        submission of the President to Congress under section 
        1105(a) of title 31, United States Code, the Secretary 
        shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a 
        report on projects carried out under subsection (a).
          (2) Contents.--A report under paragraph (1) shall 
        include--
                  (A) a description of each ongoing and new 
                project, including--
                          (i) the estimated total cost;
                          (ii) the amount of Federal 
                        expenditures;
                          (iii) the amount of expenditures by a 
                        non-Federal entity as described in 
                        subsection (b)(1), if applicable;
                          (iv) the estimated timeline for 
                        completion;
                          (v) the requesting district of the 
                        Corps of Engineers, if applicable; and
                          (vi) how the project is consistent 
                        with subsection (a); and
                  (B) any additional information that the 
                Secretary determines to be appropriate.
  (e) Cost Sharing.--
          (1) In general.--Except as provided in subsection 
        (b)(3) and paragraph (2), a project carried out under 
        this section shall be at full Federal expense.
          (2) Treatment.--Nothing in this subsection waives 
        applicable cost-share requirements for a water 
        resources development project or feasibility study (as 
        defined in section 105(d) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2215(d))).
  (f) Savings Clause.--Nothing in this section limits the 
ability of the Secretary to carry out a project requested by a 
district of the Corps of Engineers in support of a water 
resources development project or feasibility study (as defined 
in section 105(d) of the Water Resources Development Act of 
1986 (33 U.S.C. 2215(d))).
  (g) Research and Development Account.--
          (1) In general.--There is established a Research and 
        Development account of the Corps of Engineers for the 
        purposes of carrying out this section.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Research and 
        Development account established by paragraph (1) 
        $85,000,000 for each of fiscal years 2023 through 2027.
           * * * * * * *

                Water Resources Development Act of 1992

           * * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.-- * * *
           * * * * * * *
  (b) TABLE OF CONTENTS.--

                    TITLE I-WATER RESOURCES PROJECTS

Sec. 2.  101.Project authorizations.
      * * * * * * *



                   TITLE III-MISCELLANEOUS PROVISIONS

Sec. 2. 340.[Southern West Virginia environmental restoration infra-
          structure and resource prot-tion development pilot program.] 
          Southern West Virginia
           * * * * * * *

               TITLE II--GENERALLY APPLICABLE PROVISIONS

           * * * * * * *

SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.

  (a) In General.-- * * *
           * * * * * * *
  (e) Authorization of Appropriations for Construction 
Assistance.--There are authorized to be appropriated for 
providing construction assistance under this section--
          (1) * * *
           * * * * * * *
          (5) [$25,000,000] $75,000,000 for the project 
        described in subsection (c)(2);
           * * * * * * *
  (f) Additional Assistance.--The Secretary may provide 
assistance under subsection (a) and assistance for construction 
for the following:
          (1) Atlanta, georgia.-- * * *
           * * * * * * *
          (10) Eastern shore and southwest virginia.--
                  (A) In general.--[$20,000,000] $52,000,000 
                for water supply, wastewater infrastructure, 
                and environmental restoration projects in the 
                counties of [Accomac] Accomack, Northampton, 
                Lee, Norton, Wise, Scott, Russell, Dickenson, 
                Buchanan, and Tazewell, Virginia.
           * * * * * * *
          (25) Lakes marion and moultrie, south carolina.--
        [$110,000,000] $151,500,000 for wastewater treatment 
        and water supply treatment and distribution projects in 
        the counties of Berkeley, Calhoun, Clarendon, Colleton, 
        Dorchester, and Orangeberg, South Carolina.
           * * * * * * *
          (54) [Cook county] Cook county and lake county, 
        illinois.--[$35,000,000] $100,000,000 for water-related 
        infrastructure and resource protection and development, 
        Cook County, Illinois.
          (55) Madison and st. clair counties, illinois.--
        [$45,000,000] $100,000,000 for water and wastewater 
        assistance, Madison and St. Clair Counties, Illinois.
           * * * * * * *
          (86) Calaveras county, california.--[$3,000,000] 
        $13,280,000 for water supply and wastewater 
        infrastructure improvement projects in Calaveras 
        County, California, including wastewater reclamation, 
        recycling, and conjunctive use projects.
           * * * * * * *
          [(93) Los angeles county, california.--$3,000,000 for 
        wastewater and water related infrastructure, Diamond 
        Bar, La Habra Heights, and Rowland Heights, Los Angeles 
        County, California.]
          (93) Los angeles county, california.--
                  (A) In general.--$38,000,000 for wastewater 
                and water related infrastructure, Los Angeles 
                County, California.
                  (B) Eligibility.--The Water Replenishment 
                District of Southern California may be eligible 
                for assistance under this paragraph.
           * * * * * * *
          (157) Michigan combined sewer overflows.--
        [$35,000,000]
                  (A) In general.--$85,000,000 for for 
                correction of combined sewer overflows, 
                Michigan.
                  (B) Additional projects.--Amounts made 
                available under subparagraph (A) may be used 
                for design and construction projects for water-
                related environmental infrastructure and 
                resource protection and development projects in 
                Michigan, including for projects for wastewater 
                treatment and related facilities, water supply 
                and related facilities, environmental 
                restoration, and surface water resource 
                protection and development.
           * * * * * * *
          [(250) Myrtle beach, south carolina.--$18,000,000 for 
        environmental infrastructure, including ocean outfalls, 
        Myrtle Beach, South Carolina.]
          (250) Myrtle beach and vicinity, south carolina.--
        $31,000,000 for environmental infrastructure, including 
        ocean outfalls, Myrtle Beach and vicinity, South 
        Carolina.
          [(251) North myrtle beach, south carolina.--
        $11,000,000 for environmental infrastructure, including 
        ocean outfalls, North Myrtle Beach, South Carolina.]
          (251) North myrtle beach and vicinity, south 
        carolina.--$74,000,000 for environmental 
        infrastructure, including ocean outfalls, North Myrtle 
        Beach and vicinity, South Carolina.
           * * * * * * *
          (272) Northern west virginia.--[$20,000,000 for water 
        and wastewater]
                  (A) In general.--$20,000,000 for water and 
                wastewater infrastructure in Hancock, Ohio, 
                Marshall, Wetzel, Tyler, Pleasants, Wood, 
                Doddridge, Monongalia, Marion, Harrison, 
                Taylor, Barbour, Preston, Tucker, Mineral, 
                Grant, Gilmer, Brooke, and Ritchie Counties, 
                West Virginia.
                  (B) Local cooperation agreements.--
                Notwithstanding subsection (a), at the request 
                of a non-Federal interest for a project or a 
                separable element of a project that receives 
                assistance under this paragraph, the Secretary 
                may adopt a model agreement developed in 
                accordance with section 571(e) of the Water 
                Resources Development Act of 1999 (113 Stat. 
                371).
          (273) United states virgin islands.--$25,000,000 for 
        wastewater infrastructure for the St. Croix Anguilla 
        wastewater treatment plant and the St. Thomas Charlotte 
        Amalie wastewater treatment plant, United States Virgin 
        Islands.
          (274) Horry county, south carolina.--$19,000,000 for 
        environmental infrastructure, including ocean outfalls, 
        Horry County, South Carolina.
          (275) Lane county, oregon.--$20,000,000 for 
        environmental infrastructure, Lane County, Oregon.
          (276) Placer county, california.--$21,000,000 for 
        environmental infrastructure, Placer County, 
        California.
          (277) Alameda county, california.--$20,000,000 for 
        environmental infrastructure, Alameda County, 
        California.
          (278) Temecula city, california.--$18,000,000 for 
        environmental infrastructure, Temecula City, 
        California.
          (279) Yolo county, california.--$6,000,000 for 
        environmental infrastructure, Yolo County, California.
          (280) Clinton, mississippi.--$13,600,000 for 
        environmental infrastructure, Clinton, Mississippi.
          (281) Oxford, mississippi.--$10,000,000 for 
        environmental infrastructure, Oxford, Mississippi.
          (282) Madison county, mississippi.--$10,000,000 for 
        environmental infrastructure, Madison County, 
        Mississippi..
          (283) Rankin county, mississippi.--$10,000,000 for 
        environmental infrastructure, Rankin County, 
        Mississippi.
          (284) Meridian, mississippi.--$10,000,000 for 
        wastewater infrastructure, Meridian, Mississippi.
          (285) Delaware.--$50,000,000 for sewer, stormwater 
        system improvements, storage treatment, environmental 
        restoration, and related water infrastructure, 
        Delaware.
          (286) Queens, new york.--$20,000,000 for the design 
        and construction of stormwater management and 
        improvements to combined sewer overflows to reduce the 
        risk of flood impacts, Queens, New York.
          (287) Georgia.--$75,000,000 for environmental 
        infrastructure, Baldwin County, Bartow County, Floyd 
        County, Haralson County, Jones County, Gilmer County, 
        Towns County, Warren County, Lamar County, Lowndes 
        County, Troup County, Madison County, Toombs County, 
        Dade County, Bulloch County, Gordon County, Walker 
        County, Dooly County, Butts County, Clarke County, 
        Crisp County, Newton County, Bibb County, Baker County, 
        Barrow County, Oglethorpe County, Peach County, Brooks 
        County, Carroll County, Worth County, Jenkins County, 
        Wheeler County, Calhoun County, Randolph County, Wilcox 
        County, Stewart County, Telfair County, Clinch County, 
        Hancock County, Ben Hill County, Jeff Davis County, 
        Chattooga County, Lanier County, Brantley County, 
        Charlton County, Tattnall County, Emanuel County, 
        Mitchell County, Turner County, Bacon County, Terrell 
        County, Macon County, Ware County, Bleckley County, 
        Colquitt County, Washington County, Berrien County, 
        Coffee County, Pulaski County, Cook County, Atkinson 
        County, Candler County, Taliaferro County, Evans 
        County, Johnson County, Irwin County, Dodge County, 
        Jefferson County, Appling County, Taylor County, Wayne 
        County, Clayton County, Decatur County, Schley County, 
        Sumter County, Early County, Webster County, Clay 
        County, Upson County, Long County, Twiggs County, 
        Dougherty County, Quitman County, Meriwether County, 
        Stephens County, Wilkinson County, Murray County, 
        Wilkes County, Elbert County, McDuffie County, Heard 
        County, Marion County, Talbot County, Laurens County, 
        Montgomery County, Echols County, Pierce County, 
        Richmond County, Chattahoochee County, Screven County, 
        Habersham County, Lincoln County, Burke County, Liberty 
        County, Tift County, Polk County, Glascock County, 
        Grady County, Jasper County, Banks County, Franklin 
        County, Whitfield County, Treutlen County, Crawford 
        County, Hart County, Georgia.
          (288) Maryland.--$100,000,000 for water, wastewater, 
        and other environmental infrastructure, Maryland.
          (289) Milwaukee metropolitan area, wisconsin.--
        $4,500,000 for water-related infrastructure, resource 
        protection and development, stormwater management, and 
        reduction of combined sewer overflows, Milwaukee 
        metropolitan area, Wisconsin.
          (290) Hawaii.--$75,000,000 for water-related 
        infrastructure, resource protection and development, 
        wastewater treatment, water supply, urban storm water 
        conveyance, environmental restoration, and surface 
        water protection and development, Hawaii.
          (291) Alabama.--$50,000,000 for water, wastewater, 
        and other environmental infrastructure, Alabama.
           * * * * * * *

SEC. 340. SOUTHERN WEST VIRGINIA [ENVIRONMENTAL RESTORATION 
                    INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT 
                    PILOT PROGRAM].

  (a) Establishment of Program.-- * * *
           * * * * * * *
  (e) Report.--Not later than December 31, 1998, the Secretary 
shall transmit to Congress a report on the results of the pilot 
program carried out under this section, together with 
recommendations concerning whether or not such program should 
be implemented on a national basis.
  [(f) Southern West Virginia Defined.--For purposes of this 
section, the term ``Southern West Virginia'' means Raleigh, 
Wayne, Cabell, Fayette, Lincoln, Summers, Wyoming, Webster, 
Mingo, McDowell, Logan, Boone, Mercer, Pocahontas, Greenbrier, 
Nicholas, and Monroe Counties, West Virginia.]
  (f) Definition of Southern West Virginia.--In this section, 
the term `southern West Virginia' means the counties of Boone, 
Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, 
Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, 
Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, 
Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, 
West Virginia.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. LAND CONVEYANCES.

  (a)
          * * * * * * *

                Water Resources Development Act of 1996

           * * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1996''.
          * * * * * * *

                   TITLE I--WATER RESOURCES PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

  (a) * * * 
          * * * * * * *

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. LAND CONVEYANCES.

  (a) * * *
          * * * * * * *

SEC. 509. MAINTENANCE OF NAVIGATION CHANNELS.

  (a) In General.--Upon request of the non-Federal interest, 
the Secretary shall be responsible for maintenance of the 
following navigation channels constructed or improved by non-
Federal interests if the Secretary determines that such 
maintenance is economically justified and environmentally 
acceptable and that the channel was constructed in accordance 
with applicable permits and appropriate engineering and design 
standards:
          (1) * * *
          * * * * * * *
          (17) Morehead City Harbor, North Carolina.
          (18) Second harbor at New Madrid County Harbor, 
        Missouri.
          * * * * * * *

SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION 
                    PROGRAM.

  (a) Establishment.--
          (1) In general.-- * * *
          * * * * * * *
          (2) Form.-- * * *
          * * * * * * *
                  (A) sediment and erosion control;
                  (B) protection of eroding shorelines and 
                streambanks;
          * * * * * * *
                  (E) beneficial uses of dredged material; 
                [and]
                  (F) wastewater treatment and related 
                facilities;
                  (G) stormwater and drainage systems; and
                  [(F)] (H) other related projects that may 
                enhance the living resources of the estuary.
          * * * * * * *

SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1)* * *
          * * * * * * *
  (f) South Florida Ecosystem Restoration Task Force.--
          (1) Establishment and membership.--There is 
        established the South Florida Ecosystem Restoration 
        Task Force, which shall consist of the following 
        members (or, in the case of a Federal agency, a 
        designee at the level of assistant secretary or an 
        equivalent level):
                  (A)* * *
          * * * * * * *
                  (J) [2 representatives] 3 representatives of 
                the State of Florida, at least 1 of which shall 
                be a representative of the Florida Department 
                of Environmental Protection and at least 1 of 
                which shall be a representative of the Florida 
                Fish and Wildlife Conservation Commission, to 
                be appointed by the Secretary of the Interior 
                based on the recommendations of the Governor.
          * * * * * * *

                WATER RESOURCES DEVELOPMENT ACT OF 1999

           * * * * * * *

SECTION 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1999''.
          * * * * * * *
  (b) TABLE OF CONTENTS.-

Sec. 1. Short title and table of contents.

                    TITLE I--WATER RESOURCES PROJECTS

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

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Scope of feasibility studies.
      * * * * * * *
Sec. 101. Project authorizations.
     * * * * * * *



                      TITLE II--GENERAL PROVISIONS



Sec. 201. Small flood control authority.
      * * * * * * *
Sec. 212.[Flood mitigation and riverine restoration program.] Shoreline 
          and riverine protection and restoration
      * * * * * * *

                    TITLE V--MISCELLANEOUS PROVISIONS

      * * * * * * *
Sec. 501. Corps assumption of NRCS projects.
     * * * * * * *
Sec. . 571. [Central West Virginia]. Northern West Virginia
     * * * * * * *

SEC. 212. [33 USC 2332] [FLOOD MITIGATION AND RIVERINE RESTORATION 
                    PROGRAM] SHORELINE AND RIVERINE 
                    PROTECTION AND RESTORATION.

  [(a) In General.--The Secretary may undertake a program for 
the purpose of conducting projects to reduce flood hazards and 
restore the natural functions and values of rivers throughout 
the United States.]
  (a) In General.--The Secretary may carry out projects--
          (1) to reduce flood and coastal storm hazards, 
        including shoreline erosion and riverbank and 
        streambank failures; or
          (2) to restore the natural functions and values of 
        rivers and shorelines throughout the United States.
  (b) Studies and Projects.--
          [(1) Authority.--In carrying out the program, the 
        Secretary may conduct studies to identify appropriate 
        flood damage reduction, conservation, and restoration 
        measures and may design and implement projects 
        described in subsection (a).]
          (1) Authority.--
                  (A) Studies.--The Secretary may carry out 
                studies to identify appropriate measures for--
                          (i) the reduction of flood and 
                        coastal storm hazards, including 
                        shoreline erosion and riverbank and 
                        streambank failures; or
                          (ii) the restoration of the natural 
                        functions and values of rivers and 
                        shorelines.
                  (B) Projects.--Subject to subsection (f)(2), 
                the Secretary may design and implement projects 
                described in subsection (a).
           * * * * * * *
          (3) Nonstructural approaches.--The studies and 
        projects shall emphasize, to the maximum extent 
        practicable and appropriate, nonstructural approaches 
        to preventing or reducing [flood damages] `flood and 
        coastal storm damages, including the use of measures 
        described in section 1184(a) of the Water Resources 
        Development Act of 2016 (33 U.S.C. 2289a(a)).
          (4) Participation.--The studies and projects shall be 
        conducted, to the maximum extent practicable, in 
        cooperation with State and local agencies and tribes to 
        ensure the coordination of local flood and coastal 
        storm damage reduction or riverine , shoreline, and 
        wetland restoration studies with projects that 
        conserve, restore, and manage hydrologic and hydraulic 
        regimes and restore the natural functions and values of 
        floodplains and coastal barriers.
  (c) Cost-Sharing Requirements.--
          [(1) Studies.--Studies conducted under this section 
        shall be subject to cost sharing in accordance with 
        section 105 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2215).]
          (1) Studies.--
                  (A) In general.--Subject to subparagraph (B), 
                the non-Federal share of the cost of a study 
                under this section shall be--
                          (i) 50 percent; and
                          (ii) 10 percent, in the case of a 
                        study benefitting an economically 
                        disadvantaged community (as defined 
                        pursuant to section 160 of the Water 
                        Resources Development Act of 2020 (33 
                        U.S.C. 2201 note; Public Law 116-260)).
                  (B) Federal interest determination.--The 
                first $100,000 of the costs of a study under 
                this section shall be at full Federal expense.
          (2) Environmental restoration and nonstructural 
        [flood control] projects.--
                  [(A) In general.--The non-Federal interests 
                shall pay 35 percent of the cost of any 
                environmental restoration or nonstructural 
                flood control project carried out under this 
                section.]
                  (A) In general.--Design and construction of a 
                nonstructural measure or project, a measure or 
                project described in section 1184(a) of the 
                Water Resources Development Act of 2016 (33 
                U.S.C. 2289a(a)), or for a measure or project 
                for environmental restoration, shall be subject 
                to cost sharing in accordance with section 103 
                of the Water Resources Development Act of 1986 
                (33 U.S.C. 2213), except that the non-Federal 
                share of the cost to design and construct a 
                project benefitting an economically 
                disadvantaged community (as defined pursuant to 
                section 160 of the Water Resources Development 
                Act of 2020 (33 U.S.C. 2201 note; Public Law 
                116-260)) shall be 10 percent.
           * * * * * * *
          (3) Structural flood [control] and coastal storm risk 
        management projects.--Any structural flood [control] 
        and coastal storm risk management projects carried out 
        under this section shall be subject to cost sharing in 
        accordance with [Ksection 103(a) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2213(a))] section 
        103 of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213), except that the non-Federal share of the 
        cost to design and construct a project benefitting an 
        economically disadvantaged community (as defined 
        pursuant to section 160 of the Water Resources 
        Development Act of 2020 (33 U.S.C. 2201 note; Public 
        Law 116-260)) shall be 10 percent;.
           * * * * * * *
  [(d) Project Justification.--
          [(1) In general.--Notwithstanding]
  (d) Project Justification.--Notwithstanding; any other 
provision of law or requirement for economic justification 
established under section 209 of the Flood Control Act of 1970 
(42 U.S.C. 1962-2), the Secretary may implement a project under 
this section if the Secretary determines that the project--
                  [(A)]
                  [(B)]
                  [(C)]
          (1) will significantly reduce potential flood or 
        coastal storm damages , including erosion or riverbank 
        or streambank failures;
          (2) will improve the quality of the environment; and
          (3) is justified considering all costs and beneficial 
        outputs of the project.
          [(2) Establishment of selection and rating criteria 
        and policies.--
                  [(A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Secretary, in cooperation with State and local 
                agencies and tribes, shall--
                          [(i) develop, and submit to the 
                        Committee on Transportation and 
                        Infrastructure of the House of 
                        Representatives and the Committee on 
                        Environment and Public Works of the 
                        Senate, criteria for selecting and 
                        rating projects to be carried out under 
                        this section; and
                          [(ii) establish policies and 
                        procedures for carrying out the studies 
                        and projects undertaken under this 
                        section.
                  [(B) Criteria.--The criteria referred to in 
                subparagraph (A)(i) shall include, as a 
                priority, the extent to which the appropriate 
                State government supports the project.]
  (e) Priority Areas.--[In carrying out]
          (1) In general.--In carrying out this section, the 
        Secretary shall examine appropriate locations, 
        including--
          [(1)]
                  (A) Pima County, Arizona, at Paseo De Las 
                Iglesias and Rillito River;
          (2) Priority projects.--In carrying out this section 
        after the date of enactment of the Water Resources 
        Development Act of 2022, the Secretary shall prioritize 
        projects for the following locations:
                  (A) Delaware beaches and watersheds, 
                Delaware.
                  (B) Louisiana Coastal Area, Louisiana.
                  (C) Great Lakes Shores and Watersheds.
                  (D) Oregon Coastal Area, Oregon.
                  (E) Upper Missouri River Basin.
                  (F) Ohio River Tributaries and their 
                watersheds, West Virginia.
                  (G) Chesapeake Bay watershed and Maryland 
                beaches, Maryland.
          [(2)]
                  (B)Coachella Valley, Riverside County, 
                California;
          [(3)]
                  (C) Los Angeles and San Gabriel Rivers, 
                California;
          [(4)]
                  (D) Murrieta Creek, California;
          [(5)]
                  (E) Napa River Valley watershed, California, 
                at Yountville, St. Helena, Calistoga, and 
                American Canyon;
          [(6)]
                  (F) Santa Clara basin, California, at Upper 
                Guadalupe River and Tributaries, San 
                Francisquito Creek, and Upper Penitencia Creek;
          [(7)]
                  (G) Pond Creek, Kentucky;
          [(8)]
                  (H) Red River of the North, Minnesota, North 
                Dakota, and South Dakota;
          [(9)]
                  (I) Connecticut River, New Hampshire;
          [(10)]
                  (J) Pine Mount Creek, New Jersey;
          [(11)]
                  (K) Southwest Valley, Albuquerque, New 
                Mexico;
          [(12)]
                  (L) Upper Delaware River, New York;
          [(13)]
                  (M) Briar Creek, North Carolina;
          [(14)]
                  (N) Chagrin River, Ohio;
          [(15)]
                  (O) Mill Creek, Cincinnati, Ohio;
          [(16)]
                  (P) Tillamook County, Oregon;
          [(17)]
                  (Q) Willamette River basin, Oregon;
          [(18)]
                  (R) Blair County, Pennsylvania, at Altoona 
                and Frankstown Township;
          [(19)]
                  (S) Delaware River, Pennsylvania;
          [(20)]
                  (T) Schuylkill River, Pennsylvania;
          [(21)]
                  (U) Providence County, Rhode Island;
          [(22)]
                  (V) Shenandoah River, Virginia;
          [(23)]
                  (W) Lincoln Creek, Wisconsin;
          [(24)]
                  (X) Perry Creek, Iowa;
          [(25)]
                  (Y) Lester, St. Louis, East Savanna, and 
                Floodwood Rivers, Duluth, Minnesota;
          [(26)]
                  (Z) Lower Hudson River and tributaries, New 
                York;
          [(27)]
                                          (AA) Susquehanna 
                                        River watershed, 
                                        Bradford County, 
                                        Pennsylvania;
          [(28)]
                                          (BB) Clear Creek, 
                                        Harris, Galveston, and 
                                        Brazoria Counties, 
                                        Texas;
          [(29)]
                                          (CC) Ascension 
                                        Parish, Louisiana;
          [(30)]
                                          (DD) East Baton Rouge 
                                        Parish, Louisiana;
          [(31)]
                                          (EE) Iberville 
                                        Parish, Louisiana;
          [(32)]
                                          (FF) Livingston 
                                        Parish, Louisiana; and
          [(33)]
                                          (GG) Pointe Coupee 
                                        Parish, Louisiana.
  [(f) Program Review.--
          [(1) In general.--The program established under this 
        section shall be subject to an independent review to 
        evaluate the efficacy of the program in achieving the 
        dual goals of flood hazard mitigation and riverine 
        restoration.
          [(2) Report.--Not later than April 15, 2003, the 
        Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report on the findings of 
        the review conducted under this subsection with any 
        recommendations concerning continuation of the program.
  [(g) Maximum Federal Cost per Project.--Not more than 
$30,000,000 may be expended by the United States on any single 
project under this section.]
  [(h)] (f) Procedure.--
          (1) All projects.--The Secretary shall not implement 
        any project under this section until--
                  (A) the Secretary submits 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 describing the project 
                and the determinations made under subsection 
                (d)(1); and
                  (B) 21 calendar days have elapsed after the 
                date on which the notification was received by 
                the committees.
          [(2) Projects exceeding $15,000,000.--
                  [(A) Limitation on appropriations.--No 
                appropriation shall be made to construct any 
                project under this section the total Federal 
                cost of construction of which exceeds 
                $15,000,000 if the project has not been 
                approved by resolutions adopted by the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Environment and Public Works of 
                the Senate.
                  [(B) Report.--For the purpose of securing 
                consideration of approval under this paragraph, 
                the Secretary shall submit a report on the 
                proposed project, including all relevant data 
                and information on all costs.]
          (2) Projects requiring specific authorization.--The 
        Secretary shall not carry out a project until Congress 
        enacts a law authorizing the Secretary to carry out the 
        project, if the Federal share of the cost to design and 
        construct the project exceeds--
                  (A) $26,000,000, in the case of a project 
                benefitting an economically disadvantaged 
                community (as defined pursuant to section 160 
                of the Water Resources Development Act of 2020 
                (33 U.S.C. 2201 note; Public Law 116-260));
                  (B) $23,000,000, in the case of a project 
                other than a project benefitting an 
                economically disadvantaged community (as so 
                defined) that--
                          (i) is for purposes of environmental 
                        restoration; or
                          (ii) derives not less than 50 percent 
                        of the erosion, flood, or coastal storm 
                        risk reduction benefits from 
                        nonstructural measures or measures 
                        described in section 1184(a) of the 
                        Water Resources Development Act of 2016 
                        (33 U.S.C. 2289a(a)); or
                  (C) $18,500,000, for a project other than a 
                project described in subparagraph (A) or (B).
          * * * * * * *
  [(i) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this section $20,000,000.
          [(2) Full funding.--All studies and projects carried 
        out under this section from Army Civil Works 
        appropriations shall be fully funded within the program 
        funding levels provided in this subsection.]
          * * * * * * *

                   TITLE V--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 571. [CENTRAL] G2NORTHERN WEST VIRGINIA.

  [(a) Definition of Central West Virginia.--In this section, 
the term ``central West Virginia'' means the counties of Mason, 
Jackson, Putnam, Kanawha, Roane, Wirt, Calhoun, Clay, Braxton, 
Lewis, Upshur, Randolph, Pendleton, Hardy, Hampshire, Morgan, 
Berkeley, and Jefferson, West Virginia.]
  (a) Definition of Northern West Virginia.--In this section, 
the term `northern West Virginia' means the counties of 
Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, 
Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, 
Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, 
Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and 
Wood, West Virginia.
  (b) Establishment of Program.--The Secretary may establish a 
pilot program to provide environmental assistance to non-
Federal interests in [central] northern West Virginia.
  (c) Form of Assistance.--Assistance 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 [central] northern West Virginia, 
including projects for wastewater treatment and related 
facilities, water supply and related facilities, and surface 
water resource protection and development.
          * * * * * * *

SEC. 560. [33 USC 2336] ABANDONED AND INACTIVE NONCOAL MINE 
                    RESTORATION.

  (a) In General.-- * * *
           * * * * * * *
  (c) Non-Federal Share.--The non-Federal share of the cost of 
assistance under subsection (a) shall be 50 percent, except 
that the Federal share with respect to projects located on land 
owned by the United States or on land taken into trust by the 
Secretary of the Interior on behalf of, and for the benefit of, 
an Indian Tribe shall be 100 percent.
          * * * * * * *
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$30,000,000] 
$50,000,000.
          * * * * * * *

SEC. 592. MISSISSIPPI.

  (a) Establishment of Program.--The Secretary may establish a 
pilot program to provide environmental assistance to non-
Federal interests in Mississippi.
          * * * * * * *
  (b) Form of Assistance.--Assistance 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 Mississippi, including projects for 
wastewater treatment and related facilities, elimination or 
control of combined sewer overflows, water supply and related 
facilities, environmental restoration, [and surface water 
resource protection and development] surface water resource 
protection and devlopment, stormwater management, drainage 
systems, and water quality enhancement.
          * * * * * * *
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$200,000,000] 
$300,000,000, to remain available until expended.

SEC. 593. CENTRAL NEW MEXICO.

  (a) Definition of Central New Mexico.--In this section, the 
term ``central New Mexico'' means the counties of Bernalillo, 
Sandoval, and Valencia, New Mexico.
          * * * * * * *
  (h) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$50,000,000] 
$100,000,000 for the period beginning with fiscal year 2000, to 
remain available until expended.

SEC. 594. OHIO AND NORTH DAKOTA.

  (a) Establishment of Program.--The Secretary shall establish 
a program to provide environmental assistance to non-Federal 
interests in Ohio and North Dakota.
          * * * * * * *
  (h) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $240,000,000 for Ohio 
and $100,000,000 for North Dakota.
  (i) Authorization of Additional Appropriations.--In addition 
to amounts authorized under subsection (h), there is authorized 
to be appropriated to carry out this section $100,000,000, to 
be divided between the States referred to in subsection (a).

SEC. 595. WESTERN RURAL WATER.

  (a) Definitions.--In this section:
          (1) Rural nevada.-- * * *
           * * * * * * *
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section, to remain available 
until expended--
          (1) for the period beginning with fiscal year 2001, 
        [$435,000,000] $490,000,000 for Idaho, Montana, rural 
        Nevada, New Mexico, rural Utah, and Wyoming; and
          (2) [$150,000,000] $200,000,000 for Arizona.

                Water Resources Development Act of 2000

          * * * * * * *

                      TITLE II--GENERAL PROVISIONS

          * * * * * * *

SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

  (a) Definition of Indian Tribe.--In this section, 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. 450b)] (25 U.S.C. 5304.
  (b) Program.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Authorized activities.--An activity conducted 
        under paragraph (1) may address--
                  (A) projects for flood or coastal storm 
                damage reduction, including erosion control, 
                environmental restoration and protection, and 
                preservation of cultural and natural resources;
          (3) Feasibility study and reports.--
                  (A) In general.--On the request of an Indian 
                tribe, the Secretary shall conduct a study on, 
                and provide to the Indian tribe a report 
                describing, the feasibility of a water 
                resources development project described in 
                paragraph (1).
                  (B) Recommendation.-- * * *
           * * * * * * *
                  (C) Federal interest determination.-- The 
                first $100,000 of the costs of a study under 
                this section shall be at full Federal expense.
          (4) Design and construction.--
                  (A) In general.--The Secretary may carry out 
                the design and construction of a water 
                resources development project, or separable 
                element of a project, described in paragraph 
                (1) that the Secretary determines is feasible 
                if the Federal share of the cost of the project 
                or separable element is not more than 
                [$18,500,000] $26,000,000.
                  (B) Specific authorization.--If the Federal 
                share of the cost of the project or separable 
                element described in subparagraph (A) is more 
                than [$18,500,000] $26,000,000, the Secretary 
                may only carry out the project or separable 
                element if Congress enacts a law authorizing 
                the Secretary to carry out the project or 
                separable element.
          (5) Project justification.--Notwithstanding any other 
        provision of law or requirement for economic 
        justification established under section 209 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962-2) for a 
        project (other than a project for ecosystem 
        restoration), the Secretary may implement a project 
        under this section if the Secretary determines that the 
        project will--
                  (A) significantly reduce potential flood or 
                coastal storm damages, which may include or be 
                limited to damages due to shoreline erosion or 
                riverbank or streambank failures;
                  (B) improve the quality of the environment;
                  (C) reduce risks to life safety associated 
                with the damages described in subparagraph (A); 
                and
                  (D) improve the long-term viability of the 
                community.
           * * * * * * *
  (d) Cost Sharing.--
          (1) Ability to pay.--
                  (A) In general.-- * * *
           * * * * * * *
          (5) Water-related planning activities.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Other costs.--The [non-Federal] Federal 
                share of costs of other water-related planning 
                activities described in subsection (b)(1) shall 
                be [50 percent] 100 percent.
  (e) Restrictions.--The Secretary is authorized to carry out 
activities under this section for fiscal years 2015 through 
[2024] 2033.
           * * * * * * *

SEC. 214. FUNDING TO PROCESS PERMITS.

  (a) Funding to Process Permits.--
          (1) Definitions.--In this subsection:
                  (A) Natural gas company.-- * * *
           * * * * * * *
          (2) Permit processing.--[The Secretary]
                  (A) In general.--The Secretary, after public 
                notice, may accept and expend funds contributed 
                by a non-Federal public entity or a public-
                utility company, natural gas company, or 
                railroad carrier to expedite the evaluation of 
                a permit of that entity, company, or carrier 
                related to a project or activity for a public 
                purpose under the jurisdiction of the 
                Department of the Army.
          (4) GAO study.-- * * *
           * * * * * * *
                  (B) Multi-user mitigation bank instrument 
                processing.--
                          (i) In general.--An activity carried 
                        out by the Secretary to expedite 
                        evaluation of a permit described in 
                        subparagraph (A) may include the 
                        evaluation of an instrument for a 
                        mitigation bank if--
                                  (I) the non-Federal public 
                                entity, public-utility company, 
                                natural gas company, or 
                                railroad carrier applying for 
                                the permit described in that 
                                subparagraph is the sponsor of 
                                the mitigation bank; and
                                  (II) expediting evaluation of 
                                the instrument is necessary to 
                                expedite evaluation of the 
                                permit described in that 
                                subparagraph.
                          (ii) Use of credits.--The use of 
                        credits generated by the mitigation 
                        bank established using expedited 
                        processing under clause (i) shall be 
                        limited to current and future projects 
                        and activities of the entity, company, 
                        or carrier described in subclause (I) 
                        of that clause for a public purpose, 
                        except that in the case of a non-
                        Federal public entity, not more than 25 
                        percent of the credits may be sold to 
                        other public and private entities.
           * * * * * * *

                   TITLE V--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

  (a) Definitions.-- * * *
           * * * * * * *
  (b) Critical Restoration Projects.--
          (1) In general.--The Secretary may participate in 
        critical restoration projects in the Lake Champlain 
        watershed.
          (2) Types of projects.-- * * *
           * * * * * * *
                  (C) acceleration of whole community 
                [planning] clean water infrastructure planning, 
                design, and construction to promote 
                intergovernmental cooperation in the regulation 
                and management of activities consistent with 
                the goal of maintaining or enhancing water 
                quality in the Lake Champlain watershed;
           * * * * * * *
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$32,000,000] 
$100,000,000, to remain available until expended.
          * * * * * * *

             TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Central and southern florida project.-- * * *
           * * * * * * *
  (e) Cost Sharing.--
          (1) Federal share.-- * * *
           * * * * * * *
          (5) Credit.--
                  (A) In general.-- * * *
           * * * * * * *
                  [(E) Periodic monitoring.--
                          [(i) In general.--To ensure that the 
                        contributions of the non-Federal 
                        sponsor equal 50 percent proportionate 
                        share for projects in the Plan, during 
                        each 5-year period, beginning with 
                        commencement of design of the Plan, the 
                        Secretary shall, for each project--
                                  [(I) monitor the non-Federal 
                                provision of cash, in-kind 
                                services, and land; and
                                  [(II) manage, to the maximum 
                                extent practicable, the 
                                requirement of the non-Federal 
                                sponsor to provide cash, in-
                                kind services, and land.
                          [(ii) Other monitoring.--The 
                        Secretary shall conduct monitoring 
                        under clause (i) separately for the 
                        preconstruction engineering and design 
                        phase and the construction phase.]
                  (E) Periodic monitoring.--
                          (i) In general.--To ensure that the 
                        contributions of the non-Federal 
                        sponsor equal 50 percent proportionate 
                        share for projects in the Plan, during 
                        each period of 5 fiscal years, 
                        beginning on October 1, 2022, the 
                        Secretary shall, for each project--
                                  (I) monitor the non-Federal 
                                provision of cash, in-kind 
                                services, and land; and
                                  (II) manage, to the maximum 
                                extent practicable, the 
                                requirement of the non-Federal 
                                sponsor to provide cash, in-
                                kind services, and land.
                          (ii) Other monitoring.--The Secretary 
                        shall conduct monitoring under clause 
                        (i) separately for the preconstruction 
                        engineering and design phase and the 
                        construction phase for each project in 
                        the Plan.
                          (iii) Clarification.--Not later than 
                        90 days after the end of each fiscal 
                        year, the Secretary shall provide to 
                        the non-Federal sponsor a financial 
                        accounting of non-Federal contributions 
                        under clause (i)(I) for such fiscal 
                        year.
                          (iv) Limitation.--As applicable, the 
                        Secretary shall only require a cash 
                        contribution from the non-Federal 
                        sponsor to satisfy the cost share 
                        requirements of this subsection on the 
                        last day of each period of 5 fiscal 
                        years under clause (i).
          * * * * * * *

                WATER RESOURCES DEVELOPMENT ACT OF 2007

          * * * * * * *

SECTION 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 2007''.
          * * * * * * *

SEC. 2007. [33 U.S.C. 2222] USE OF OTHER FEDERAL FUNDS.

  The non-Federal interest for a [water resources study or 
project] water resources development study or project, 
including a study or project under a continuing authority 
program (as defined in section 7001(c)(1)(D) of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 
2282d(c)(1)(D))), may use, and the Secretary shall accept, 
funds provided by a Federal agency under any other Federal 
program, to satisfy, in whole or in part, the non-Federal share 
of the cost of the study or project if [the Federal agency that 
provides the funds determines that the funds are authorized to 
be used to carry out the study or project] the funds 
appropriated to the Federal agency are for a purpose that is 
similar or complementary to the purpose of the study or 
project.
          * * * * * * *

SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

  (a) In General.-- * * *
           * * * * * * *
  [(b) Authorization of Appropriations.--There is authorized to 
be appropriated $50,000,000 to carry out this section.]
  (b) Authorized Cost.--The Secretary is authorized to carry 
out construction of a project under this section at a total 
cost of $128,400,000, with the cost shared in accordance with 
section 103 of the Water Resources Development Act of 1986 (33 
U.S.C. 2213).
  (c) Additional Feasibility Studies Authorized.--
          (1) In general.--The Secretary is authorized to carry 
        out feasibility studies for purposes of recommending to 
        the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives 
        additional projects under this section.
          (2) Treatment.--An additional feasibility study 
        carried out under this subsection shall be considered a 
        continuation of the feasibility study that formulated 
        the project carried out under subsection (b).
          * * * * * * *

SEC. 5138. TEXAS.

  (a) Establishment of Program.--The Secretary shall establish 
a program to provide environmental assistance to non-Federal 
interests in the State of Texas.
  (b) Form of Assistance.--Assistance provided under this 
section may be in the form of planning, design, and 
construction assistance for water-related environmental 
infrastructure and resource protection and development projects 
in Texas, including projects for water supply, storage, 
treatment, and related facilities, water quality protection, 
wastewater treatment, and related facilities, environmental 
restoration, and surface water resource protection, and 
development [, as identified by the Texas Water Development 
Board].
  (c) Ownership Requirement.-- * * *
           * * * * * * *
  (e) Cost Sharing.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Credit for work.--The Secretary shall credit, in 
        accordance with section 221 of the Flood Control Act of 
        1970 (42 U.S.C. 1962d-5b), toward the non-Federal share 
        of the cost of the project the cost of design work and 
        construction carried out by the non-Federal interest 
        for the project before the date of the partnership 
        agreement for the project.
           * * * * * * *
  (f) Applicability of Other Federal and State Laws.-- * * *
           * * * * * * *
  (g) Nonprofit Entities.--In accordance with section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project carried out under this section, a non-Federal interest 
may include a nonprofit entity with the consent of the affected 
local government.
  (h) Corps of Engineers Expenses.--Not more than 10 percent of 
the amounts made available to carry out this section may be 
used by the Corps of Engineers district offices to administer 
projects under this section at Federal expense.
  [(g)] (i) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section 
$40,000,000.
           * * * * * * *

SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.

  (a) Dispersal Barrier Project.--The Secretary shall 
determine, at Federal expense, the feasibility of a dispersal 
barrier project at the Lake Champlain Canal, Vermont and New 
York, to prevent the spread of aquatic nuisance species.
  (b) Construction, Maintenance, and Operation.-- * * *
           * * * * * * *
  (c) Clarifications.--
          (1) In general.--At the request of the non-Federal 
        interest for the study of the Lake Champlain Canal 
        Aquatic Invasive Species Barrier carried out under 
        section 542 of the Water Resources Development Act of 
        2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), 
        the Secretary shall scope the phase II portion of that 
        study to satisfy the feasibility determination under 
        subsection (a).
          (2) Dispersal barrier.--A dispersal barrier 
        constructed, maintained, or operated under this section 
        may include--
                  (A) physical hydrologic separation;
                  (B) nonstructural measures;
                  (C) deployment of technologies;
                  (D) buffer zones; or
                  (E) any combination of the approaches 
                described in subparagraphs (A) through (D).
           * * * * * * *

SEC. 7006. CONSTRUCTION.

  (a) Science and Technology.--
          (1) In general.-- * * *
           * * * * * * *

SEC. 7007. NON-FEDERAL COST SHARE.

  (a) Credit.-- * * *
           * * * * * * *
  (d) Treatment of Credit Between Projects.--The value of any 
land, easements, rights-of-way, relocations, and dredged 
material disposal areas and the costs of planning, design, and 
construction work provided by the non-Federal interest that 
exceed the non-Federal cost share for a study or project under 
this title may be applied toward the non-Federal cost share for 
any other study or project carried out under this title , or 
may be applied to reduce the amounts required to be paid by the 
non-Federal interest under the terms of the deferred payment 
agreements entered into between the Secretary and the non-
Federal interest for the projects authorized by section 
7012(a)(1).
          * * * * * * *

SEC. 8004. [33 U.S.C. 652 NOTE] ECOSYSTEM RESTORATION AUTHORIZATION.

  (a) Operation.-- * * *
           * * * * * * *
  (g) Implementation Reports.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Report on water level management.--Not later than 
        1 year after the date of enactment of the Water 
        Resources Development Act of 2022, the Secretary shall 
        submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives an 
        implementation report on opportunities to expand the 
        use of water level management on the Upper Mississippi 
        River and Illinois Waterway System for the purpose of 
        ecosystem restoration.
          [(2)] (3) Advisory panel.--
                  (A) In general.--The Secretary shall appoint 
                and convene an advisory panel to provide 
                independent guidance in the development of each 
                implementation report under paragraph (1).
           * * * * * * *

SEC. 9002. [33 U.S.C. 3301] DEFINITIONS.

   In this title, the following definitions apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Canal structure.-- * * *
           * * * * * * *
          (13) Rehabilitation.--The term ``rehabilitation'' 
        means the repair, replacement, reconstruction, removal 
        , or improvement of a levee, or reconfiguration of a 
        levee system, including a setback levee, that is 
        carried out to reduce flood risk , increase resiliency 
        to extreme weather events, or meet national levee 
        safety guidelines.
           * * * * * * *

SEC. 9005. [33 U.S.C. 3303A] LEVEE SAFETY INITIATIVE.

  (a) Establishment.-- * * *
           * * * * * * *
  (h) Levee Rehabilitation Assistance Program.--
          (1) Establishment.-- * * *
           * * * * * * *
          (7) Project limit.--The maximum amount of Federal 
        assistance for a project under this subsection shall be 
        [$10,000,000] $25,000,000.
           * * * * * * *
          (11) Prioritization.--To the maximum extent 
        practicable, the Secretary shall prioritize the 
        provision of assistance under this subsection to 
        economically disadvantaged communities (as defined 
        pursuant to section 160 of the Water Resources 
        Development Act of 2020 (33 U.S.C. 2201 note; Public 
        Law 116-260)).
           * * * * * * *

           Water Resources Reform and Development Act of 2014

          * * * * * * *

               TITLE I--PROGRAM REFORMS AND STREAMLINING

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) [33 U.S.C. 2201 note] Short Title.--This Act may be cited 
as the ``Water Resources Reform and Development Act of 2014''.
  (b) Table of Contents.--

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

                TITLE I--PROGRAM REFORMS AND STREAMLINING

Sec. 1001.  * * *
      * * * * * * *
Sec. 1025. [Water resources projects on Federal land.]
     * * * * * * *

SEC. 1001. [33 U.S.C. 2282C] VERTICAL INTEGRATION AND ACCELERATION OF 
                    STUDIES.

  (a) In General.-- * * *
           * * * * * * *

SEC. 1008. [33 U.S.C. 2321B] EXPEDITING HYDROPOWER AT CORPS OF 
                    ENGINEERS FACILITIES.

  (a) Policy.-- * * *
           * * * * * * *
  (b) Implementation of Policy.--The Secretary shall--
          (1) ensure that the policy described in subsection 
        (a) is implemented nationwide in an efficient, 
        consistent, and coordinated manner; and
          (2) assess opportunities--
                  (A) to increase the development of 
                hydroelectric power at existing hydroelectric 
                water resources development projects of the 
                Corps of Engineers; and
                  (B) to develop new hydroelectric power at 
                nonpowered water resources development projects 
                of the Corps of Engineers.
  [(b)] (c) Report.--Not later than 2 years after the date of 
enactment of this Act and biennially thereafter, 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 that, at a minimum, shall include--
          (1) a description of initiatives carried out by the 
        Secretary to encourage the development of hydroelectric 
        power by non-Federal entities at Corps of Engineers 
        water resources development projects and to meet the 
        requirements of subsection (b);
           * * * * * * *
  [(c)] (d) Reviewing Hydropower at Corps of Engineers 
Facilities.--
          (1) Definition of eligible non-federal interest.-- * 
        * *
           * * * * * * *

SEC. 1020. [33 U.S.C. 2223] TRANSFER OF EXCESS CREDIT.

  (a) Application of Credit.--
          (1) In general.--Subject to subsection (b), the 
        Secretary may apply credit for in-kind contributions 
        provided by a non-Federal interest that are in excess 
        of the required non-Federal cost share for a water 
        resources development study or project toward the 
        required non-Federal cost share for a different water 
        resources development study or project.
          (2) Application prior to completion of project.--On 
        request of a non-Federal interest, the credit described 
        in paragraph (1) may be applied prior to completion of 
        a study or project, if the credit amount is verified by 
        the Secretary.
          (3) Studies and projects with multiple non-federal 
        interests.--A credit described in paragraph (1) for a 
        study or project with multiple non-Federal interests 
        may be applied to the required non-Federal cost share 
        for a study or project of any of those non-Federal 
        interests, subject to the condition that each non-
        Federal interest for the study or project for which the 
        credit described in paragraph (1) is provided concurs 
        in writing.
  (b) Restrictions.--
          (1) In general.--Except for subsection (a)(4)(D)(i) 
        of that section, the requirements of section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b) (as 
        amended by section 1018(a)) shall apply to any credit 
        under this section.
          (2) Conditions.--Credit in excess of the non-Federal 
        share for a study or project may be approved under this 
        section only if--
                  (A) * * *
           * * * * * * *
          (3) Conditional approval of excess credit.--The 
        Secretary may approve credit in excess of the non-
        Federal share for a study or project prior to the 
        identification of each authorized study or project to 
        which the excess credit will be applied, subject to the 
        condition that the non-Federal interest agrees to 
        submit for approval by the Secretary an amendment to 
        the comprehensive plan prepared under paragraph (2) 
        that identifies each authorized study or project in 
        advance of execution of the feasibility cost sharing 
        agreement or project partnership agreement for that 
        authorized study or project.
           * * * * * * *
  [(d) Termination of Authority.--The authority provided in 
this section shall terminate 10 years after the date of 
enactment of this Act.]
  [(e)] (d) Report.--
          (1) Deadlines.--
                  (A) In general.-- * * *
           * * * * * * *

SEC. 1022. [33 U.S.C. 2225] CREDIT OR REIMBURSEMENT.

  (a) Requests for Credits.--With respect to an authorized 
flood damage reduction project, or separable element thereof, 
that has been constructed by a non-Federal interest under 
section 211 of the Water Resources Development Act of 1996 (33 
U.S.C. 701b-13), [or] an authorized coastal navigation project 
that has been constructed by the Corps of Engineers pursuant to 
section 11 of the Act of March 3, 1925, before the date of 
enactment of the Water Resources Development Act of 2018, or 
any other water resources development project for which the 
Secretary is authorized to reimburse the non-Federal interest 
for the Federal share of construction or operation and 
maintenance, the Secretary may provide to the non-Federal 
interest, at the request of the non-Federal interest, a credit 
in an amount equal to the estimated Federal share of the cost 
[of the project]to construct, periodically nourish, or operate 
and maintain the project; or separable element, in lieu of 
providing to the non-Federal interest a reimbursement in that 
amount or reimbursement of funds of an equivalent amount, 
subject to the availability of appropriations.
  (b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply all or a portion of 
such credit to the share of the cost of the non-Federal 
interest of carrying out other [flood damage reduction and 
coastal navigation] water resources development projects or 
studies.
  (c) Application of Reimbursement.--At the request of the non-
Federal interest, the Secretary may apply such funds, subject 
to the availability of appropriations, equal to the share of 
the cost of the non-Federal interest of carrying out other 
[flood damage reduction and coastal navigation] water resources 
development projects or studies.
  (d) Applicability.--With respect to a project constructed 
under section 204 of the Water Resources Development Act of 
1986 (33 U.S.C. 2232), the Secretary shall exercise the 
authority under this section to apply credits and 
reimbursements related to the project in a manner consistent 
with the requirements of subsection (d) of that section.
           * * * * * * *

SEC. 1043. [33 U.S.C. 2201 NOTE] NON-FEDERAL IMPLEMENTATION PILOT 
                    PROGRAM.

  (a) Non-Federal Implementation of Feasibility Studies.--
          (1) In general.-- * * *
           * * * * * * *
  (b) Non-Federal Project Implementation Pilot Program.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        establish and implement a pilot program to evaluate the 
        cost-effectiveness and project delivery efficiency of 
        allowing non-Federal interests to carry out flood risk 
        management, hurricane and storm damage reduction, 
        coastal harbor and channel inland navigation, and 
        aquatic ecosystem restoration projects.
          (2) Purposes.--The purposes of the pilot program 
        are--
                  (A) t * * *
           * * * * * * *
          (3) Administration.--
                  (A) In general.--In carrying out the pilot 
                program, the Secretary shall--
                          (i) identify a total of not more than 
                        20 projects for flood risk management, 
                        hurricane and storm damage reduction 
                        (including levees, floodwalls, flood 
                        control channels, and water control 
                        structures), coastal harbor and 
                        channels, inland navigation, and 
                        aquatic ecosystem restoration that have 
                        been authorized for construction, 
                        including--
                                  (I) * * *
           * * * * * * *
                                  (III) not more than 5 
                                projects that have been 
                                authorized for construction, 
                                but did not receive the 
                                authorization prior to the date 
                                of enactment of this Act;
                          (ii) 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 project under 
                        the pilot program;
                          (iii) in collaboration with the non-
                        Federal interest, develop a detailed 
                        project management plan for each 
                        identified project that outlines the 
                        scope, budget, design, and construction 
                        resource requirements necessary for the 
                        non-Federal interest to execute the 
                        project, or a separable element or 
                        discrete segment of the project;
           * * * * * * *
                          (iv) on the request of the non-
                        Federal interest, enter into a project 
                        partnership agreement with the non-
                        Federal interest for the non-Federal 
                        interest to provide full project 
                        management control for construction of 
                        the project, or a separable element or 
                        discrete segment of the project, in 
                        accordance with plans approved by the 
                        Secretary;
                          (v) following execution of the 
                        project partnership agreement, transfer 
                        to the non-Federal interest to carry 
                        out construction of the project, or a 
                        separable element or discrete segment 
                        of the project--
           * * * * * * *
          (10) Definition of discrete segment.--In this 
        subsection, the term `discrete segment' means a 
        physical portion of a project or separable element that 
        the non-Federal interest can operate and maintain, 
        independently and without creating a hazard, in advance 
        of final completion of the water resources development 
        project, or separable element thereof.

SEC. 1046. [33 U.S.C. 2319 NOTE] RESERVOIR OPERATIONS AND WATER SUPPLY.

  (a) Dam Optimization.-- * * *
           * * * * * * *
  (c) Surplus Water Storage.--
          (1) In general.--The Secretary shall not--
                  (A) * * *
           * * * * * * *
          [(3) Limitation.--The limitation provided under 
        paragraph (1) shall expire on the date that is 16 years 
        after the date of enactment of this Act.]
          [(4)] (3) Applicability.--Nothing in this 
        subsection--
                  (A) * * *
           * * * * * * *

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

           * * * * * * *

SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION.

  (a) Definition of Upper St. Anthony Falls Lock and Dam.-- * * 
*
           * * * * * * *
  (e) Contributed Funds.-- * * *
           * * * * * * *
  (f) Limitation.--The Secretary shall not recommend 
deauthorization of the Upper St. Anthony Falls Lock and Dam 
unless the Secretary identifies a willing and capable non-
Federal public entity to assume ownership of the lock and dam.
  (g) Modification.--The Secretary is authorized to investigate 
the feasibility of modifying the Upper St. Anthony Falls Lock 
and Dam to add ecosystem restoration, including the prevention 
and control of invasive species, as an authorized purpose.
           * * * * * * *

  TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

SEC. 3014. [42 U.S.C. 4131] LEVEE CERTIFICATIONS.

  (a) Implementation of Flood Protection Structure 
Accreditation Task Force.-- * * *
           * * * * * * *
  (b) Accelerated Levee System Evaluations.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Funding.--
                  (A) In general.--The Secretary may use 
                amounts made available under section 22 of the 
                Water Resources Development Act of 1974 (42 
                U.S.C. 1962d-16) to carry out this subsection.
                  (B) Cost share.--The Secretary shall apply 
                the cost share under section [22(b) of the 
                Water Resources Development Act of 1974 (42 
                U.S.C. 1962d-16(b))] `section 22(c) of the 
                Water Resources Development Act of 1974 (42 
                U.S.C. 1962d-16(c)) to any activities carried 
                out under this subsection.
          * * * * * * *

SEC. 3017. [33 U.S.C. 3303A NOTE] REHABILITATION OF EXISTING LEVEES.

  (a) In General.-- * * *
           * * * * * * *
  (e) Termination of Authority.--The authority of the Secretary 
under [this subsection] this section terminates on the date 
that is [10 years] 20 years after the date of enactment of this 
Act.
          * * * * * * *

    Water Infrastructure Improvements for the Nation Act (WRDA 2016)

           * * * * * * *

                  TITLE I--WATER RESOURCES DEVELOPMENT

SEC. 1001. [33 U.S.C. 2201 NOTE] SHORT TITLE.

  This title may be cited as the ``Water Resources Development 
Act of 2016''.
           * * * * * * *

SEC. 1116. WATER SUPPLY CONSERVATION.

  (a) In general.--In a State in which a drought emergency has 
been declared or was in effect [during the 1-year period ending 
on the date of enactment of this Act] for at least 2 years 
during the 10-year period preceding a request from a non-
Federal interest for assistance under this section, the 
Secretary is authorized--
  (b) Eligibility.--Water supply conservation measures 
evaluated under subsection (a) may include the following:
           * * * * * * *
          (4) Other conservation measures that enhance usage of 
        a Corps of Engineers project for water supply , 
        including measures utilizing a natural feature or 
        nature-based feature (as those terms are defined in 
        section 1184(a)) to reduce drought risk.
           * * * * * * *

SEC. 1177. [33 U.S.C. 467F-2 NOTE] REHABILITATION OF CORPS OF ENGINEERS 
                    CONSTRUCTED DAMS.

  (a) In general.-- * * *
           * * * * * * *
  (f) Funding.--There is authorized to be appropriated to carry 
out this section $60,000,000 for each of fiscal years 2017 
through 2026.
  (g) Special Rule.--Notwithstanding subsection (c), the non-
Federal share of the cost to rehabilitate Waterbury Dam, 
Washington County, Vermont, under this section, including the 
cost of any required study, shall be the same share assigned to 
the non-Federal interest for the cost of initial construction 
of Waterbury Dam.
           * * * * * * *

SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.

  (a) Definitions.-- * * *
           * * * * * * *
  (c) Project Modifications.--
          (1) In general.-- * * *
           * * * * * * *
          [(2) Non-federal cost share.--The Federal share of 
        the cost of any Project feature constructed pursuant to 
        paragraph (1) shall be not greater than the share as 
        provided by section 7002(1) of the Water Resources 
        Reform and Development Act of 2014 (Public Law 113-121; 
        128 Stat. 1364) for the most cost-effective fish 
        passage structure.]
          (2) Cost-share.--
                  (A) In general.--The costs of construction of 
                a Project feature constructed pursuant to 
                paragraph (1) shall be determined in accordance 
                with section 101(a)(1)(B) of the Water 
                Resources Development Act of 1986 (33 U.S.C. 
                2211(a)(1)(B)).
                  (B) Savings provision.--Any increase in costs 
                for the Project due to the construction of a 
                Project feature described in subparagraph (A) 
                shall not be included in the total project cost 
                for purposes of section 902 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 
                2280).

               America's Water Infrastructure Act of 2018

           * * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) [33 U.S.C. 2201 note] Short Title.-- * * *
           * * * * * * *

SEC. 1111. [33 U.S.C. 2326 NOTE] DREDGE PILOT PROGRAM.

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

SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

  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 on March 17, 2017, and 
February 5, 2018, respectively, 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) Cave buttes dam, arizona.-- * * *
           * * * * * * *
          (7) Trinity river and tributaries, texas.-- Project 
        for navigation, flood risk management, and ecosystem 
        restoration, Liberty, Texas.
           * * * * * * *

SEC. 1328. FEDERAL ASSISTANCE.

  (a) In General.-- * * *
           * * * * * * *
  (c) Termination.--The authority to provide assistance under 
this section terminates on the date that is [4 years] 8 years 
after the date of enactment of this section.

                WATER RESOURCES DEVELOPMENT ACT OF 2020

          * * * * * * *
 [Pub. L. 116-260, div. AA, title I, 118, Dec. 27, 2020, 134 
                              Stat. 2629:]
  (a) In General.-- * * *
           * * * * * * *
  (b) Economically Disadvantaged Community Flood Protection and 
Hurricane and Storm Damage Reduction Study Pilot Program.-
          (1) In general.-- * * *
           * * * * * * *
          (2) Participation in pilot program.-In carrying out 
        paragraph (1), the Secretary shall--
                  (A) * * *
           * * * * * * *
                  (C) review such proposals and select [10] 
                feasibility studies for such projects to be 
                carried out by the Secretary, in coordination 
                with the non-Federal interest, under this pilot 
                program.
           * * * * * * *
  (c) Pilot Program for the Recommendation of Flood Protection 
and Hurricane and Storm Damage Reduction Projectsin Rural 
Communities and Economically Disadvantaged Communities.-
          (1) In general.-- * * *
           * * * * * * *
          (2) Considerations.--In carrying out this subsection, 
        the Secretary may [make a recommendation to Congress on 
        up to 10 projects] recommend projects to Congress, 
        without demonstrating that the project is justified 
        solely by national economic development benefits, if 
        the Secretary determines that-
          (5) Recommendations.--In recommending projects under 
        paragraph (2), the Secretary shall include such 
        recommendations in the next annual report submitted to 
        Congress under section 7001 of the Water Resources 
        Reform and Development Act of 2014 (33 U.S.C. 2282d) 
        after the date of enactment of the Water Resources 
        Development Act of 2022.
           * * * * * * *
 [Pub. L. 116-260, div. AA, title I, 128, Dec. 27, 2020, 134 
                              Stat. 2642]
  (a) In General.-- * * *
           * * * * * * *
  (c) Focus Areas.-- In carrying out the demonstration program 
under subsection (a), the Secretary shall undertake program 
activities related to harmful algal blooms in the Great Lakes, 
the tidal and inland waters of the State of New Jersey, the 
coastal and tidal waters of the State of Louisiana, the 
waterways of the counties that comprise the Sacramento-San 
Joaquin Delta, California, the Allegheny Reservoir Watershed, 
New York, the Upper Mississippi River and its tributaries, and 
Lake Okeechobee, Florida.
           * * * * * * *
 [Pub. L. 116-260, div. AA, title I, 165, Dec. 27, 2020, 134 
                              Stat. 2668:]
  (a) Pilot Program for Continuing Authority Projects in Small 
or Disadvantaged Communities.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act [Dec. 27, 2020], the 
        Secretary[of the Army] shall implement a pilot program, 
        in accordance with this subsection, for carrying out a 
        project under a continuing authority program for an 
        economically disadvantaged community.
          (2) Participation in pilot program.--In carrying out 
        paragraph (1), the Secretary shall--
                  (A) publish a notice in the Federal Register 
                that requests non-Federal interest proposals 
                for a project under a continuing authority 
                program for an economically disadvantaged 
                community; and
                  (B) review such proposals and select [a total 
                of 10] projects, taking into consideration 
                geographic diversity among the selected 
                projects.
           * * * * * * *
          (3) Cost share.-- * * *
           * * * * * * *
          (4) Maximum federal amount.--For a project carried 
        out under this subsection, the maximum Federal amount, 
        if applicable, shall be increased by the commensurate 
        amount of the non-Federal share that would otherwise be 
        required for the project under the applicable 
        continuing authority program.
          [(4)] (5) Sunset.--The authority to commence pursuant 
        to this subsection a project selected under paragraph 
        (2)shall terminate on the date that is 10 years after 
        the date of enactment of this Act.
          [(5)] (6) Continuing authority program defined.--In 
        this subsection, the term 'continuing authority 
        program' has the meaning given that term in section 
        7001(c)(1)(D) of [the] Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2282d[(c)(1)(D)]).
           * * * * * * *

                     TITLE II--STUDIES AND REPORTS

                        [[Page 134 STAT. 2687]]

SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.

  (a) Comprehensive Study.--
          (1) Purpose.-- * * *
           * * * * * * *
  (i) * * *
           * * * * * * *
  (j) Cost-share.--The Federal share of the cost of the 
comprehensive study described in subsection (a), and any 
feasibility study described in subsection (e), shall be 90 
percent.
          * * * * * * *

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

                        [[Page 134 STAT. 2742]]

SEC. 401. PROJECT AUTHORIZATIONS.

          * * * * * * *

SEC. 402. SPECIAL RULES.

  (a) Great Lakes and Mississippi River Interbasin Project, 
Brandon Road, Will County, Illinois.-- The Secretaryshall carry 
out the project for ecosystem restoration, Great Lakes and 
Mississippi River Interbasin project, Brandon Road, Will 
County, Illinois, authorized by section 401 of this Act, 
substantially in accordance with the terms and conditions 
described in the Report of the Chief of Engineers, dated May 
23, 2019, with the following modifications:
          (1) The Federal share of the cost of construction 
        shall be [80 percent] 90 percent.
          * * * * * * *
[pub. l. 116-260, div. aa, title v, 509(a), dec. 27, 2020, 134 
                              stat. 2750]
  (a) Corps of Engineers Asian Carp Prevention Pilot Program.--
          (1) In general.--  * * *
           * * * * * * *
          (2) Project selection.--
                  (A) Location.-- Each project under the pilot 
                program shall be carried out in a river system 
                or reservoir in the Cumberland River Watershed 
                [or Tennessee River Watershed] , Tennessee 
                River Watershed, or Tombigbee River Watershed 
                in which Asian carp populations are expanding 
                or have been documented.
          * * * * * * *
                  (C) Limitations.--
                          (i) Number of projects.-The Secretary 
                        may select not more than 10 projects to 
                        carry out under the pilot program , of 
                        which not less than 1 shall be carried 
                        out on the Tennessee-Tombigbee 
                        Waterway.
          * * * * * * *

[33 U.S.C. 2212; PUBLIC LAW 116-260--DEC. 27, 2020]

          * * * * * * *
    provided that: "Notwithstanding section 102 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2212), for a 
project for navigation on the inland waterways receiving a 
construction appropriation during any of [fiscal years 2021 
through 2031] fiscal years 2021 through 2022, 35 percent of the 
costs of construction of the project shall be paid from amounts 
appropriated from the Inland Waterways Trust Fund until such 
construction of the project is complete."
          * * * * * * *

(33 U.S.C. 2213a(a)

          * * * * * * *

SEC.2213A.TREATMENT OF CERTAIN BENEFITS AND COSTS

  (a) In general.--
    In the case of a flood risk management or coastal storm 
risk management project that incidentally generates seismic 
safety benefits in regions of moderate or high seismic hazard, 
for the purpose of a benefit-cost analysis for the project, the 
Secretary shall not include in that analysis any additional 
design and construction costs resulting from addressing seismic 
concerns.
 [33 USC 2327a: Rehabilitation of Corps of Engineers constructed pump 
                               stations]
          * * * * * * *

SEC.2327A. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP 
                    STATIONS

  (a) Definitions
    In this section:
          [(1) Eligible pump station--
    [The term "eligible pump station" means a pump station--]
          (1) Eligible pump station.--The term `eligible pump 
        station' means a pump station that--
                  (A) is a feature of a federally authorized 
                flood or coastal storm risk management project; 
                or
                  (B) if inoperable, would impair drainage of 
                water from areas interior to a federally 
                authorized flood or coastal storm risk 
                management project.
           * * * * * * *
  [(b) Authorization
    [The Secretary may carry out rehabilitation of an eligible 
pump station, if the Secretary determines that the 
rehabilitation is feasible.]
  (b) Authorization.--The Secretary may carry out 
rehabilitation of an eligible pump station, if the Secretary 
determines that--
          (1) the pump station has a major deficiency; and
          (2) the rehabilitation is feasible.
           * * * * * * *
  [(f) Authorization of appropriations--
    [There is authorized to be appropriated to carry out this 
section $60,000,000, to remain available until expended.]
  (f) Prioritization.--To the maximum extent practicable, the 
Secretary shall prioritize the provision of assistance under 
this section to economically disadvantaged communities.
          * * * * * * *

                       FLOOD CONTROL ACT OF 1941

          * * * * * * *
  Sec. 5. [33 USC 701n] (a)(1) That there is authorized an 
emergency fund to be expended in preparation for emergency 
response to any natural disaster, in flood fighting and rescue 
operations, or in the repair or restoration of any flood 
control work threatened or destroyed by flood, including the 
strengthening, raising, extending, or other modification 
thereof as may be necessary in the discretion of the Chief of 
Engineers for the adequate functioning of the work for flood 
control and subject to the condition that the Chief of 
Engineers may include modifications to the structure or 
project, or in implementation of nonstructural alternatives to 
the repair or restoration of such flood control work if 
requested by the non-Federal sponsor; in the emergency 
protection of federally authorized hurricane or shore 
protection being threatened when in the discretion of the Chief 
of Engineers such protection is warranted to protect against 
imminent and substantial loss to life and property; in the 
repair and restoration of any federally authorized hurricane or 
shore protective structure or project damaged or destroyed by 
wind, wave, or water action of other than an ordinary nature to 
the design level of protection when, in the discretion of the 
Chief of Engineers, such repair and restoration is warranted 
for the adequate functioning of the structure or project for 
hurricane or shore protection, subject to the condition that 
the Chief of Engineers may include modifications to the 
structure or project to address major deficiencies , increase 
resilience, increase effectiveness in preventing damages from 
inundation, wave attack, or erosion, or implement nonstructural 
alternatives to the repair or restoration of the structure if 
requested by the non-Federal sponsor. The emergency fund may 
also be expended for emergency dredging for restoration of 
authorized project depths for Federal navigable channels and 
waterways made necessary by flood, drought, earthquake, or 
other natural disasters. In any case in which the Chief of 
Engineers is otherwise performing work under this section in an 
area for which the Governor of the affected State has requested 
a determination that an emergency exists or a declaration that 
a major disaster exists under the Disaster Relief and Emergency 
Assistance Act, the Chief of Engineers is further authorized to 
perform on public and private lands and waters for a period of 
ten days following the Governor's request any emergency work 
made necessary by such emergency or disaster which is essential 
for the preservation of life and property, including, but not 
limited to, channel clearance, emergency shore protection, 
clearance and removal of debris and wreckage endangering public 
health and safety, and temporary restoration of essential 
public facilities and services. The Chief of Engineers, in the 
exercise of his discretion, is further authorized to provide 
emergency supplies of clean water, on such terms as he 
determines to be advisable, to any locality which he finds is 
confronted with a source of contaminated water causing or 
likely to cause a substantial threat to the public health and 
welfare of the inhabitants of the locality. The appropriation 
of such moneys for the initial establishment of this fund and 
for its replenishment on an annual basis, is authorized: 
Provided, That pending the appropriation of sums to such 
emergency fund, the Secretary of the Army may allot, from 
existing flood-control appropriations, such sums as may be 
necessary for the immediate prosecution of the work herein 
authorized, such appropriations to be reimbursed from the 
appropriation herein authorized when made. The Chief of 
Engineers is authorized, in the prosecution of work in 
connection with rescue operations, or in conducting other flood 
emergency work, to acquire on a rental basis such motor 
vehicles, including passenger cars and buses, as in his 
discretion are deemed necessary.
          * * * * * * *
          (3) Nonstructural alternatives defined.-- * * *
           * * * * * * *
          (6) Work carried out by a non-federal sponsor.--
                  (A) General rule.--The Secretary may 
                authorize a non-Federal sponsor to plan, 
                design, or construct repair or restoration work 
                described in paragraph (1).
                  (B) Requirements.--
                          (i) In general.--To be eligible for a 
                        payment under subparagraph (C) for the 
                        Federal share of a planning, design, or 
                        construction activity for repair or 
                        restoration work described in paragraph 
                        (1), the non-Federal sponsor shall 
                        enter into a written agreement with the 
                        Secretary before carrying out the 
                        activity.
                          (ii) Compliance with other laws.--The 
                        non-Federal sponsor shall carry out all 
                        activities under this paragraph in 
                        compliance with all laws and 
                        regulations that would apply if the 
                        activities were carried out by the 
                        Secretary.
                  (C) Payment.--
                          (i) In general.--The Secretary is 
                        authorized to provide payment, in the 
                        form of an advance or a reimbursement, 
                        to the non-Federal sponsor for the 
                        Federal share of the cost of a planning 
                        design, or construction activity for 
                        the repair or restoration work 
                        described in paragraph (1).
                          (ii) Additional amounts.--If the 
                        Federal share of the cost of the 
                        activity under this paragraph exceeds 
                        the amount obligated by the Secretary 
                        under an agreement under subparagraph 
                        (B), the advance or reimbursement of 
                        such additional amounts shall be at the 
                        discretion of the Secretary.
                  (D) Annual limit on reimbursements not 
                applicable.--Section 102 of the Energy and 
                Water Development Appropriations Act, 2006 (33 
                U.S.C. 2221), shall not apply to an agreement 
                under subparagraph (B).
          (7) Special rule.--
                  (A) In general.--The Secretary shall not deny 
                a request from the Governor of a State to 
                provide advance measures assistance under this 
                subsection to reduce the risk of damage from 
                rising water levels in the Great Lakes solely 
                on the basis that the damage is caused by 
                erosion.
                  (B) Federal share.--Assistance provided by 
                the Secretary pursuant to a request under 
                subparagraph (A) may be at full Federal expense 
                if the assistance is to construct advanced 
                measures to a temporary construction standard.
          * * * * * * *

                       FLOOD CONTROL ACT OF 1946

          * * * * * * *
  Sec. 3. [33 U.S.C. 701p] That hereafter for authorized flood-
protection projects which include alterations of railroad 
bridges the Chief of Engineers is authorized to include at 
Federal expense the necessary alterations of railroad bridges 
and approaches in connection therewith.
          * * * * * * *
  Sec. 14. [33 U.S.C. 701r] That the Secretary of the Army is 
hereby authorized to allot from any appropriations heretofore 
or hereafter made for flood control, not to exceed $25,000,000 
per year, for the construction, repair, restoration, and 
modification of emergency streambank and shoreline protection 
works to prevent damage to highways, bridge approaches, and 
public works, churches, hospitals, schools, lighthouses, 
including those lighthouses with historical value, and other 
nonprofit public services, when in the opinion of the Chief of 
Engineers such work is advisable: Provided, That not more than 
[$5,000,000] $10,000,000 shall be allotted for this purpose at 
any single locality from the appropriations for any one fiscal 
year, and if such amount is not sufficient to cover the costs 
included in the Federal cost share for a project, as determined 
by the Secretary, the non-Federal interest shall be responsible 
for any such costs that exceed such amount.
          * * * * * * *

               River and Harbor Act of 1958-(Section 104)

           * * * * * * *
  Sec. 104. [33 U.S.C. 610] (a)
          (1) In general.--
  (b) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section (except for 
        subsections (f) and (g)) $130,000,000 for each fiscal 
        year, of which--
                  (A) * * *
           * * * * * * *
          (2) Other programs.--
                  (A) In general.--There are authorized to be 
                appropriated--
                          (i) * * *
           * * * * * * *
                          (ii) [$50,000,000] $75,000.000 for 
                        each of fiscal years 2021 through 
                        [2024] 2028 to carry out subsection 
                        (g)(2).
           * * * * * * *
  (f) Invasive Species Management Pilot Program.--
          (1) Definition of invasive species.-- * * *
           * * * * * * *
          (4) Termination of authority.--The authority provided 
        under this subsection shall terminate on September 30, 
        [2024] 2026.
           * * * * * * *
  (g) Invasive Species Prevention, Control, and Eradication.--
          (1) Definition of invasive species.-- * * *
           * * * * * * *
          (2) Invasive species partnerships.--
                  (A) In general.--The Secretary may enter into 
                partnerships with applicable States and other 
                Federal agencies to carry out actions to 
                prevent the introduction of, control, or 
                eradicate, to the maximum extent practicable, 
                invasive species that adversely impact [water 
                quantity or water quality] water quantity, 
                water quality, or ecosystems in the Platte 
                River Basin, the Upper Colorado River Basin, 
                the Upper Snake River Basin, the Lake Erie 
                Basin, the Ohio River Basin, and the Upper 
                Missouri River Basin.
                  (B) Prioritization.--In selecting actions to 
                carry out under a partnership under 
                subparagraph (A), the Secretary shall give 
                priority to projects that are intended to 
                control or eradicate the Russian olive 
                (Elaeagnus angustifolia , hydrilla (Hydrilla 
                verticillata), ) or saltcedar (of the genus 
                Tamarix).
           * * * * * * *

    Making miscellaneous appropriations for the fiscal year ending 
              September 30, 2001, and for other purposes.

         (114 stat. 2763; 114 stat. 2763a-224; 121 stat. 1209))
           * * * * * * *

                           TITLE I DIVISION B

SEC. 101. * * *

           * * * * * * *

SEC. 111. PERCHLORATE.

  (a) In General.--The Secretary of the Army, in cooperation 
with Federal, State, and local government agencies, may 
participate in studies and other investigative activities and 
in the planning and design of projects determined by the 
Secretary to offer a long-term solution to the problem of 
groundwater contamination caused by perchlorates and volatile 
organic compounds.
  (b) Investigations and Projects.--
          (1) Bosque and leon rivers.-- * * *
           * * * * * * *
          (3) Eastern santa clara basin.--The Secretary, in 
        coordination with other Federal, State, and local 
        government agencies, shall participate under subsection 
        (a) in investigations and projects related to sites 
        that are sources of perchlorates and volatile organic 
        compounds and that are located in the city of Santa 
        Clarita, California.
           * * * * * * *

                       FLOOD CONTROL ACT OF 1960

          * * * * * * *
  Sec. 206. [33 U.S.C. 709a] (a) [In recognition]
          (1) In general.--In recognition of the increasing use 
        and development of the flood plains of the rivers of 
        the United States and of the need for information on 
        flood hazards to serve as a guide to such development, 
        and as a basis for avoiding future flood hazards by 
        regulation of use by States and political subdivisions 
        thereof, and to assure that Federal departments and 
        agencies may take proper cognizance of flood hazards, 
        the Secretary of the Army, through the Chief of 
        Engineers, is hereby authorized to compile and 
        disseminate information on floods and flood damages, 
        including identification of areas subject to inundation 
        by floods of various magnitudes and frequencies, 
        identification of areas subject to floods due to 
        accumulated snags and other debris, and general 
        criteria for guidance of Federal and non-Federal 
        interests and agencies in the use of flood plain areas; 
        and to provide advice to other Federal agencies and 
        local interests for their use in planning to ameliorate 
        the flood hazard, to avoid repetitive flooding impacts, 
        to anticipate, prepare, and adapt to changing climatic 
        conditions and extreme weather events, and to 
        withstand, respond to, and recover rapidly from 
        disruption due to the flood hazards. [Surveys and 
        guides]
          (2) Surveys and guides.--Surveys and guides will be 
        made for States and political subdivisions thereof only 
        upon the request of a State or a political subdivision 
        thereof, and upon approval by the Chief of Engineers, 
        and such information and advice provided them only upon 
        such request and approval.
          (3) Identification of assistance.--
                  (A) In general.--To the maximum extent 
                practicable, in providing assistance under this 
                subsection, the Secretary shall identify and 
                communicate to States and non-Federal interests 
                specific opportunities to partner with the 
                Corps of Engineers to address flood hazards.
                  (B) Coordination.--The Secretary shall 
                coordinate activities under this paragraph with 
                activities described in subsection (b) of 
                section 22 of the Water Resources Development 
                Act of 1974 (42 U.S.C. 1962d-16).
          * * * * * * *
  (c) Fees.--The Secretary of the Army is authorized to 
establish and collect fees from Federal agencies and private 
persons for the purpose of recovering the cost of providing 
services pursuant to this section. Funds collected pursuant to 
this section shall be deposited into the account of the 
Treasury of the United States entitled ``Contributions and 
Advances, Rivers and Harbor, Corps of Engineers (8862)'' and 
shall be available until expended to carry out this section. No 
fees shall be collected from State, regional, or local 
governments or other non-Federal public agencies for services 
provided pursuant to this section, but the Secretary of the 
Army may accept funds voluntarily contributed by such entities 
for the purpose of expanding the scope of the services 
requested by the entities.
  (d) Institutions of Higher Education.--Notwithstanding 
section 4141 of title 10, United States Code, in carrying out 
this section, the Secretary may work with an institution of 
higher education, as determined appropriate by the Secretary.
  [(d)] (e) The Secretary of the Army is authorized to expend 
not to exceed $50,000,000 per fiscal year for the compilation 
and dissemination of information under this section.
          * * * * * * *

                           [Act Aug. 8,19567]

SEC.583A. (33 U.S.C. 583A) PAYMENT OF PAY AND ALLOWANCES OF OFFICERS OF 
                    CORPS OF ENGINEERS FROM APPROPRIATION FOR 
                    IMPROVEMENTS.[REGULAR OFFICERS OF THE CORPS OF 
                    ENGINEERS OF THE ARMY, AND RESERVE OFFICERS OF THE 
                    ARMY WHO ARE ASSIGNED TO THE CORPS OF ENGINEERS,]

  (a) In General.--The personnel described in subsection (b); 
who are employed primarily on duty connected with non-military 
public works prosecuted under the direction of the Chief of 
Engineers, including river and harbor improvements, flood 
control, and other such works, shall, while so employed, be 
paid their pay and allowances from the appropriation for the 
works upon which they are employed.
  (b) Personnel Described.--The personnel referred to in 
subsection (a) are the following:
          (1) Regular officers of the Corps of Engineers of the 
        Army.
          (2) The following members of the Army who are 
        assigned to the Corps of Engineers:
                  (A) Reserve component officers.
                  (B) Warrant officers (whether regular or 
                reserve component).
                  (C) Enlisted members (whether regular or 
                reserve component).
          * * * * * * *

                       Flood Control Act of 1968

          * * * * * * *
    (Public Law 104-303; 110 Stat. 3680; 16 U.S.C. 460d-3(b)) note)

SEC. 210. [16 U.S.C. 460D-3] RECREATIONAL USER FEES.

  (b) Fees for Use of Developed Recreation Sites and 
Facilities.--
          (1) Establishment and collection.--Notwithstanding 
        section 4(b) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-6a(b)), the Secretary of 
        the Army is authorized, subject to paragraphs (2) and 
        (3), to establish and collect fees for the use of 
        developed recreation sites and facilities, including 
        campsites, swimming beaches, and boat launching ramps 
        but excluding a site or facility which includes only a 
        boat launch ramp and a courtesy dock.
          (2) Exemption of certain facilities.--The Secretary 
        shall not establish or collect fees under this 
        subsection for the use or provision of drinking water, 
        wayside exhibits, roads, scenic drives, overlook sites, 
        picnic tables, toilet facilities, surface water areas, 
        undeveloped or lightly developed shoreland, or general 
        visitor information.
          (3) Per vehicle limit.--The fee under this subsection 
        for use of a site or facility (other than an overnight 
        camping site or facility or any other site or facility 
        at which a fee is charged for use of the site or 
        facility as of the date of the enactment of this 
        paragraph) for persons entering the site or facility by 
        private, noncommercial vehicle transporting not more 
        than 8 persons (including the driver) shall not exceed 
        $3 per day per vehicle. Such maximum amount may be 
        adjusted annually by the Secretary for changes in the 
        Consumer Price Index of All Urban Consumers published 
        by the Bureau of Labor Statistics of the Department of 
        Labor.
          [(4) Deposit into treasury account.--All fees 
        collected under this subsection shall be deposited into 
        the Treasury account for the Corps of Engineers 
        established by section 4(i) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) 
        and, subject to the availability of appropriations, 
        shall be used for the purposes specified in section 
        4(i)(3) of such Act at the water resources development 
        project at which the fees were collected.]
          (4) Deposit into treasury account.--All fees 
        collected under this subsection shall--
                  (A) be deposited in a special account in the 
                Treasury; and
                  (B) be available for use, without further 
                appropriation, for the operation and 
                maintenance of recreation sites and facilities 
                under the jurisdiction of the Secretary of the 
                Army, subject to the condition that not less 
                than 80 percent of fees collected at a specific 
                recreation site are utilized at that site.
          (5) Supplement, not supplant.--Fees collected under 
        this subsection--
                  (A) shall be in addition to annual 
                appropriated funding provided for the operation 
                and maintenance of recreation sites and 
                facilities under the jurisdiction of the 
                Secretary of the Army; and
                  (B) shall not be used as a basis for reducing 
                annual appropriated funding for those purposes.
          * * * * * * *

                    NATIONAL DAM SAFETY PROGRAM ACT

          * * * * * * *

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Dam Safety Program 
Act''.
          * * * * * * *

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Dam Safety Program.--
          (1) Annual amounts.-- * * *
           * * * * * * *

SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.

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

                   WATER SUPPLY ACT OF 1958 (Sec 301)

           * * * * * * *

               [Public Law 85-500; enacted July 3, 1958]

      [As Amended Through P.L. 114-322, Enacted December 16, 2016]

                        TITLE III--WATER SUPPLY

  Sec. 301. [43 USC 390b] (a) It is hereby declared to be the 
policy of the Congress to recognize the primary 
responsibilities of the States and local interests in 
developing water supplies for domestic, municipal, industrial, 
and other purposes and that the Federal Government should 
participate and cooperate with States and local interests in 
developing such water supplies in connection with the 
construction, maintenance, and operation of Federal navigation, 
flood control, irrigation, or multiple purpose projects.
  (b) In carrying out the policy set forth in this section, it 
is provided that storage may be included in any reservoir 
project surveyed, planned, constructed or to be planned, 
surveyed and/or constructed by the Corps of Engineers or the 
Bureau of Reclamation to impound water for present or 
anticipated future demand or need for municipal or industrial 
water, and the reasonable value thereof may be taken into 
account in estimating the economic value of the entire project: 
Provided, That the cost of any construction or modification 
authorized under the provisions of this section shall be 
determined on the basis that all authorized purposes served by 
the project shall share equitably in the benefits of multiple 
purpose construction, as determined by the Secretary of the 
Army or the Secretary of the Interior, as the case may be: 
Provided further, That before construction or modification of 
any project including water supply provisions for present 
demand is initiated, State or local interests shall agree to 
pay for the cost of such provisions in accordance with the 
provisions of this section: And provided further, That (1) for 
Corps of Engineers projects, not to exceed 30 percent of the 
total estimated cost of any project may be allocated to 
anticipated future demands, and, (2) for Bureau of Reclamation 
projects, not to exceed 30 per centum of the total estimated 
cost of any project may be allocated to anticipated future 
demands where State or local interests give reasonable 
assurances, and there is reasonable evidence, that such demands 
for the use of such storage will be made within a period of 
time which will permit paying out the costs allocated to water 
supplywithin the life of the project: And provided further, 
That for Corps of Engineers projects, the Secretary of the Army 
may permit the full non-Federal contribution to be made, 
without interest, during construction of the project, or, with 
interest, over a period of not more than thirty years from the 
date of completion, with repayment contracts providing for 
recalculation of the interest rate at, five-year intervals, and 
for Bureau of Reclamation projects, the entire amount of the 
construction costs, including interest during construction, 
allocated to water supply shall be repaid within the life of 
the project but in no event to exceed fifty years after the 
project is first used for the storage of water for water supply 
purposes, except that (1) no payment need be made with respect 
to storage for future water supply until such supply is first 
used, and (2) no interest shall be charged on such cost until 
such supply is first used, but in no case shall the interest-
free period exceed ten years. [For Corps of Engineers projects, 
all annual operation, maintenance, and replacement costs for 
municipal and industrial water supply storage under the 
provisions of this section shall be reimbursed from State or 
local interests on an annual basis.] For Corps of Engineers 
projects, all annual operation and maintenance costs for 
municipal and industrial water supply storage under this 
section shall be reimbursed from State or local interests on an 
annual basis, and all repair, rehabilitation, and replacement 
costs shall be reimbursed from State or local interests (1) 
without interest, during construction of the repair, 
rehabilitation, or replacement, (2) with interest, in lump sum 
on the completion of the repair, rehabilitation, or 
replacement, or (3) at the request of the State or local 
interest, with interest, over a period of not more than 25 
years beginning on the date of completion of the repair, 
rehabilitation, or replacement, with repayment contracts 
providing for recalculation of the interest rate at 5-year 
intervals. At the request of the State or local interest, the 
Secretary of the Army shall amend a repayment contract entered 
into under this section on or before the date of enactment of 
this sentence for the purpose of incorporating the terms and 
conditions described in paragraph (3) of the preceding 
sentence. For Corps of Engineers projects, any repayment by a 
State or local interest shall be made with interest at a rate 
to be determined by the Secretary of the Treasury, taking into 
consideration the average market yields on outstanding 
marketable obligations of the United States with remaining 
periods to maturity comparable to the reimbursement period, 
during the month preceding the fiscal year in which costs for 
the construction of the project are first incurred (or, when a 
recalculation is made), plus a premium of one-eighth of one 
percentage point for transaction costs. For Bureau of 
Reclamation projects, the interest rate used for purposes of 
computing interest during construction and interest on the 
unpaid balance shall be determined by the Secretary of the 
Treasury, as of the beginning of the fiscal year in which 
construction is initiated, on the basis of the computed average 
interest rate payable by the Treasury upon its outstanding 
marketable public obligations, which are neither due nor 
callable for redemption for fifteen years from date of issue. 
The provisions of this subsection insofar as they relate to the 
Bureau of Reclamation and the Secretary of the Interior shall 
be alternative to and not a substitute for the provisions of 
the Reclamation Projects Act of 1939 (53 Stat. 1187) relating 
to the same subject.
           * * * * * * *

                                  [all]