[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.
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