[118th Congress Public Law 272]
[From the U.S. Government Publishing Office]
[[Page 2991]]
THOMAS R. CARPER WATER RESOURCES DEVELOPMENT ACT OF 2024
[[Page 138 STAT. 2992]]
Public Law 118-272
118th Congress
An Act
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. <<NOTE: Jan. 4, 2025 - [S.
4367]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Thomas R. Carper
Water Resources Development Act of 2024.>>
SECTION 101. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2201 note.>> Short Title.--This Act may be cited
as the ``Thomas R. Carper Water Resources Development Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 101. Short title; table of contents.
DIVISION A--WATER RESOURCES DEVELOPMENT
Sec. 1001. Short title.
Sec. 1002. Secretary defined.
TITLE I--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 1101. Outreach and access.
Sec. 1102. Notice to Congress regarding WRDA implementation.
Sec. 1103. Vertical integration and acceleration of studies.
Sec. 1104. Minimum real estate interest.
Sec. 1105. Review process.
Sec. 1106. Processing timelines.
Sec. 1107. Continuing authority programs.
Sec. 1108. Stormwater management projects.
Sec. 1109. Study of water resources development projects by non-Federal
interests.
Sec. 1110. Construction of water resources development projects by non-
Federal interests.
Sec. 1111. Annual report to Congress.
Sec. 1112. Services of volunteers.
Sec. 1113. Nonrecreation outgrant policy.
Sec. 1114. Silver Jackets program.
Sec. 1115. Support of Army civil works missions.
Sec. 1116. Temporary relocation assistance pilot program.
Sec. 1117. Harbor deepening.
Sec. 1118. Inland waterways regional dredge pilot program.
Sec. 1119. Dredged material disposal facility partnerships.
Sec. 1120. Real estate administrative fees.
Sec. 1121. Databases of Corps recreational sites.
Sec. 1122. Project studies subject to independent external peer review.
Sec. 1123. National coastal mapping program.
Sec. 1124. Removal of abandoned vessels.
Sec. 1125. Missouri River existing features protection.
Sec. 1126. Inland waterway projects.
Sec. 1127. Planning assistance for States.
Sec. 1128. Expedited consideration.
Sec. 1129. Emerging harbors.
Sec. 1130. Maximization of beneficial use.
Sec. 1131. Economic, hydraulic, and hydrologic modeling.
[[Page 138 STAT. 2993]]
Sec. 1132. Improvements to National Dam Safety Program.
Sec. 1133. Funding to process permits.
Sec. 1134. Harmful algal bloom demonstration program.
Sec. 1135. Corrosion prevention.
Sec. 1136. Federal breakwaters and jetties.
Sec. 1137. Eligibility for inter-Tribal consortiums.
Sec. 1138. Shoreline and riverine protection and restoration.
Sec. 1139. Ability to pay.
Sec. 1140. Tribal partnership program.
Sec. 1141. Tribal project implementation pilot program.
Sec. 1142. Federal interest determinations.
Sec. 1143. Watershed and river basin assessments.
Sec. 1144. Control of aquatic plant growths and invasive species.
Sec. 1145. Easements for hurricane and storm damage reduction projects.
Sec. 1146. Systemwide improvement framework and encroachments.
Sec. 1147. Remote and subsistence harbors.
Sec. 1148. Treatment of projects in covered communities.
Sec. 1149. Remote operations at Corps dams.
Sec. 1150. Reporting and oversight.
Sec. 1151. Alternate seaports.
Sec. 1152. Columbia River Basin.
Sec. 1153. Challenge cost-sharing program for management of recreation
facilities.
Sec. 1154. Retention of recreation fees.
Sec. 1155. Sense of Congress related to water data.
Sec. 1156. Sense of Congress relating to comprehensive benefits.
Subtitle B--Grace F. Napolitano Priority for Water Supply, Water
Conservation, and Drought Resiliency Act of 2024
Sec. 1160. Short title.
Sec. 1161. Declaration of policy.
Sec. 1162. Forecast-informed reservoir operations.
Sec. 1163. Updates to certain water control manuals.
Sec. 1164. Emergency drought operations pilot program.
Sec. 1165. Leveraging Federal infrastructure for increased water supply.
TITLE II--STUDIES AND REPORTS
Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Expedited modification of existing feasibility studies.
Sec. 1203. Expedited completion.
Sec. 1204. Expedited completion of other feasibility studies.
Sec. 1205. Corps of Engineers Reports.
Sec. 1206. Annual report on harbor maintenance needs and trust fund
expenditures.
Sec. 1207. Craig Harbor, Alaska.
Sec. 1208. Studies for modification of project purposes in the Colorado
River Basin in Arizona.
Sec. 1209. Beaver Lake, Arkansas, reallocation study.
Sec. 1210. Oceanside, California.
Sec. 1211. Delaware Inland Bays Watershed Study.
Sec. 1212. Sussex County, Delaware.
Sec. 1213. J. Strom Thurmond Lake, Georgia.
Sec. 1214. Algiers Canal Levees, Louisiana.
Sec. 1215. Upper Barataria Basin and Morganza to the Gulf of Mexico
Connection, Louisiana.
Sec. 1216. Poor Farm Pond Dam, Worcester, Massachusetts.
Sec. 1217. New Jersey hot spot erosion mitigation.
Sec. 1218. New Jersey Shore protection, New Jersey.
Sec. 1219. Excess land report for certain projects in North Dakota.
Sec. 1220. Allegheny River, Pennsylvania.
Sec. 1221. Buffalo Bayou Tributaries and Resiliency study, Texas.
Sec. 1222. Lake O' the Pines, Texas.
Sec. 1223. Matagorda Ship Channel Improvement Project, Texas.
Sec. 1224. Waco Lake, Texas.
Sec. 1225. Coastal Washington.
Sec. 1226. Kanawha River Basin.
Sec. 1227. Upper Mississippi River System Flood Risk and Resiliency
Study.
Sec. 1228. Briefing on status of certain activities on Missouri River.
Sec. 1229. Ogallala Aquifer.
Sec. 1230. National Academy of Sciences study on Upper Rio Grande Basin.
Sec. 1231. Upper Susquehanna River Basin comprehensive flood damage
reduction feasibility study.
[[Page 138 STAT. 2994]]
Sec. 1232. Technical correction, Walla Walla River.
Sec. 1233. Dam safety assurance consideration.
Sec. 1234. Sea sparrow accounting.
Sec. 1235. Report on efforts to monitor, control, and eradicate invasive
species.
Sec. 1236. Deadline for previously required list of covered projects.
Sec. 1237. Examination of reduction of microplastics.
Sec. 1238. Post-disaster watershed assessment for impacted areas.
Sec. 1239. Study on land valuation procedures for the Tribal Partnership
Program.
Sec. 1240. Report to Congress on levee safety guidelines.
Sec. 1241. Public-private partnership user's guide.
Sec. 1242. Review of authorities and programs for alternative delivery
methods.
Sec. 1243. Cooperation authority.
Sec. 1244. GAO studies.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Specific deauthorizations.
Sec. 1303. General reauthorizations.
Sec. 1304. Environmental infrastructure.
Sec. 1305. Environmental infrastructure pilot program.
Sec. 1306. Conveyances.
Sec. 1307. Selma, Alabama.
Sec. 1308. Barrow, Alaska.
Sec. 1309. Lowell Creek Tunnel, Alaska.
Sec. 1310. San Francisco Bay, California.
Sec. 1311. Santa Ana River Mainstem, California.
Sec. 1312. Colebrook River Reservoir, Connecticut.
Sec. 1313. Faulkner Island, Connecticut.
Sec. 1314. Northern estuaries ecosystem restoration, Florida.
Sec. 1315. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 1316. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 1317. Larose to Golden Meadow, Louisiana.
Sec. 1318. Morganza to the Gulf of Mexico, Louisiana.
Sec. 1319. Port Fourchon Belle Pass Channel, Louisiana.
Sec. 1320. Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.
Sec. 1321. Missouri River levee system, Missouri.
Sec. 1322. Stockton Lake, Missouri.
Sec. 1323. Table Rock Lake, Missouri and Arkansas.
Sec. 1324. Mamaroneck-Sheldrake Rivers, New York.
Sec. 1325. Columbia River Channel, Oregon and Washington.
Sec. 1326. Willamette Valley, Oregon.
Sec. 1327. Chambers, Galveston, and Harris counties, Texas.
Sec. 1328. Matagorda Ship Channel, Port Lavaca, Texas.
Sec. 1329. San Antonio Channel, San Antonio, Texas.
Sec. 1330. Lake Champlain Watershed, Vermont and New York.
Sec. 1331. Ediz Hook Beach Erosion Control Project, Port Angeles,
Washington.
Sec. 1332. Western Washington State, Washington.
Sec. 1333. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.
Sec. 1334. Chattahoochee River Program.
Sec. 1335. Chesapeake Bay Oyster Recovery Program.
Sec. 1336. Delaware Coastal System Program.
Sec. 1337. Delaware Inland Bays and Delaware Bay Coast Coastal Storm
Risk Management Study.
Sec. 1338. Hawaii environmental restoration.
Sec. 1339. Illinois River basin restoration.
Sec. 1340. Kentucky and West Virginia environmental infrastructure.
Sec. 1341. Missouri River mitigation, Missouri, Kansas, Iowa, and
Nebraska.
Sec. 1342. New York emergency shore restoration.
Sec. 1343. New York and New Jersey Harbor and Tributaries, New York and
New Jersey.
Sec. 1344. Southeastern North Carolina environmental infrastructure.
Sec. 1345. Ohio, Pennsylvania, and West Virginia.
Sec. 1346. Western Lake Erie basin, Ohio, Indiana, and Michigan.
Sec. 1347. Ohio and North Dakota.
Sec. 1348. Oregon environmental infrastructure.
Sec. 1349. Pennsylvania environmental infrastructure.
Sec. 1350. Washington Aqueduct.
Sec. 1351. Washington Metropolitan Area, Washington, District of
Columbia, Maryland, and Virginia.
[[Page 138 STAT. 2995]]
Sec. 1352. Northern West Virginia.
Sec. 1353. Southern West Virginia.
Sec. 1354. Upper Mississippi River restoration program.
Sec. 1355. Acequias irrigation systems.
Sec. 1356. Additional projects for underserved community harbors.
Sec. 1357. Bosque wildlife restoration project.
Sec. 1358. Coastal community flood control and other purposes.
Sec. 1359. Congressional notification of deferred payment agreement
request.
Sec. 1360. Contracts for water supply.
Sec. 1361. Expenses for control of aquatic plant growths and invasive
species.
Sec. 1362. Hopper dredge McFarland replacement.
Sec. 1363. Lakes program.
Sec. 1364. Maintenance of navigation channels.
Sec. 1365. Maintenance of pile dike system.
Sec. 1366. Navigation along the Tennessee-Tombigbee Waterway.
Sec. 1367. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1368. Soil moisture and snowpack monitoring.
Sec. 1369. Waiver of non-Federal share of damages related to certain
contract claims.
Sec. 1370. Wilson Lock floating guide wall.
Sec. 1371. Sense of Congress relating to Mobile Harbor, Alabama.
Sec. 1372. Sense of Congress relating to shallow draft dredging in the
Chesapeake Bay.
Sec. 1373. Sense of Congress relating to Missouri River priorities.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 1401. Project authorizations.
Sec. 1402. Special rule.
Sec. 1403. Additional project authorization pursuant to study by non-
Federal interest.
Sec. 1404. Facility investment.
DIVISION B--OTHER MATTERS
TITLE I--FISCALLY RESPONSIBLE HIGHWAY FUNDING ACT OF 2024
Sec. 2101. Short title.
Sec. 2102. Definitions.
Sec. 2103. Redistribution of prior TIFIA funding.
Sec. 2104. Redistribution of fiscal year 2025 TIFIA funding.
Sec. 2105. Redistribution of fiscal year 2026 TIFIA funding.
TITLE II--ECONOMIC DEVELOPMENT REAUTHORIZATION ACT OF 2024
Sec. 2201. Short title.
Subtitle A--Public Works and Economic Development
Sec. 2211. Definitions.
Sec. 2212. Increased coordination.
Sec. 2213. Grants for public works and economic development.
Sec. 2214. Grants for planning and grants for administrative expenses.
Sec. 2215. Cost sharing.
Sec. 2216. Regulations on relative needs and allocations.
Sec. 2217. Research and technical assistance; university centers.
Sec. 2218. Investment priorities.
Sec. 2219. Grants for economic adjustment.
Sec. 2220. Renewable energy program.
Sec. 2221. Workforce training grants.
Sec. 2222. Congressional notification requirements.
Sec. 2223. Specific flexibilities related to deployment of high-speed
broadband.
Sec. 2224. Critical supply chain site development grant program.
Sec. 2225. Updated distress criteria and grant rates.
Sec. 2226. Comprehensive economic development strategies.
Sec. 2227. Office of Tribal Economic Development.
Sec. 2228. Office of Disaster Recovery and Resilience.
Sec. 2229. Establishment of technical assistance liaisons.
Sec. 2230. Annual report to Congress.
Sec. 2231. Economic Development Representatives.
Sec. 2232. Modernization of environmental reviews.
Sec. 2233. GAO report on economic development programs.
Sec. 2234. GAO report on Economic Development Administration regulations
and policies.
Sec. 2235. GAO study on rural communities.
[[Page 138 STAT. 2996]]
Sec. 2236. General authorization of appropriations.
Sec. 2237. Technical correction.
Subtitle B--Regional Economic and Infrastructure Development
Sec. 2241. Regional commission authorizations.
Sec. 2242. Regional commission modifications.
Sec. 2243. Transfer of funds among Federal agencies.
Sec. 2244. Financial assistance.
Sec. 2245. Northern Border Regional Commission area.
Sec. 2246. Southwest Border Regional Commission area.
Sec. 2247. Great Lakes Authority area.
Sec. 2248. Additional regional commission programs.
Sec. 2249. Establishment of Mid-Atlantic Regional Commission.
Sec. 2250. Establishment of Southern New England Regional Commission.
Sec. 2251. Denali Commission reauthorization.
Sec. 2252. Denali Housing Fund.
Sec. 2253. Delta Regional Authority reauthorization.
Sec. 2254. Northern Great Plains Regional Authority reauthorization.
TITLE III--PUBLIC BUILDINGS REFORMS
Sec. 2301. Amendments to the Federal Assets Sale and Transfer Act of
2016.
Sec. 2302. Utilizing Space Efficiently and Improving Technologies Act.
Sec. 2303. Impact of Crime on Public Building Usage Act.
Sec. 2304. Federal Oversight of Construction Use and Safety Act.
Sec. 2305. Public Buildings Accountability Act.
Sec. 2306. Sale of Webster school.
Sec. 2307. Real property conveyance.
Sec. 2308. Think Differently About Building Accessibility Act.
Sec. 2309. Revision of design standards.
Sec. 2310. Limitation on authorizations.
Sec. 2311. Conveyance of Federal courthouse to the City of Huntsville,
Alabama.
Sec. 2312. Wilbur J. Cohen Federal Building.
Sec. 2313. Eugene E. Siler, Jr. United States Courthouse Annex.
Sec. 2314. Senator Dianne Feinstein Federal Building.
Sec. 2315. Reuben E. Lawson Federal Building.
Sec. 2316. Irene M. Keeley United States Courthouse.
Sec. 2317. Virginia Smith Federal Building.
Sec. 2318. Harold L. Murphy Federal Building and United States
Courthouse.
Sec. 2319. Felicitas and Gonzalo Mendez United States Courthouse.
Sec. 2320. Helen Edwards Engineering Research Center.
DIVISION A-- <<NOTE: Water Resources Development Act of 2024.>> WATER
RESOURCES DEVELOPMENT
SEC. 1001. <<NOTE: 33 USC 2201 note.>> SHORT TITLE.
This division may be cited as the ``Water Resources Development Act
of 2024''.
SEC. 1002. <<NOTE: 33 USC 2201 note.>> SECRETARY DEFINED.
In this division, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 1101. OUTREACH AND ACCESS.
(a) In General.--Section 8117(b) of the Water Resources Development
Act of 2022 (33 U.S.C. 2281b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(iii), by striking ``and'' at
the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
[[Page 138 STAT. 2997]]
(C) by adding at the end the following:
``(C) ensuring that a potential non-Federal interest
is aware of the roles, responsibilities, and financial
commitments associated with a completed water resources
development project prior to initiating a feasibility
study (as defined in section 105(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(d))),
including operations, maintenance, repair, replacement,
and rehabilitation responsibilities.'';
(2) <<NOTE: Public information.>> in paragraph (2)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) designate and make publicly available a
community project advisor at each district and division
office of the Corps of Engineers for--
``(i) inquiries from potential non-Federal
interests relating to the water resources
development authorities of the Secretary; and
``(ii) any other responsibilities as
determined by the Secretary that are appropriate
to carry out this section;'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) <<NOTE: Website.>> to the maximum extent
practicable--
``(i) develop and continue to make publicly
available, through a publicly available existing
website, information on the projects and studies
within the jurisdiction of each district of the
Corps of Engineers; and
``(ii) ensure that the information described
in clause (i) is consistent and made publicly
available in the same manner across all districts
of the Corps of Engineers.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Guidance.--The Secretary shall develop and issue
guidance to ensure that community project advisors designated
under paragraph (2)(B) are adequately fulfilling their
obligations under that paragraph.''.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the status of the implementation of
section 8117 of the Water Resources Development Act of 2022 (33 U.S.C.
2281b), including the amendments made to that section by subsection (a),
including--
(1) <<NOTE: Implementation plan.>> a plan for implementing
any requirements under that section; and
(2) any potential barriers to implementing that section.
SEC. 1102. <<NOTE: Deadlines. 33 USC 2201 note.>> NOTICE TO
CONGRESS REGARDING WRDA IMPLEMENTATION.
(a) Plan of Implementation.--
[[Page 138 STAT. 2998]]
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop a plan for
implementing this division and the amendments made by this
division.
(2) Requirements.--In developing the plan under paragraph
(1), the Secretary shall--
(A) identify each provision of this division (or an
amendment made by this division) that will require--
(i) the development and issuance of guidance,
including whether that guidance will be
significant guidance;
(ii) the development and issuance of a rule;
or
(iii) appropriations;
(B) <<NOTE: Timelines.>> develop timelines for the
issuance of--
(i) any guidance described in subparagraph
(A)(i); and
(ii) each rule described in subparagraph
(A)(ii); and
(C) <<NOTE: Process.>> establish a process to
disseminate information about this division and the
amendments made by this division to each District and
Division Office of the Corps of Engineers.
(3) Transmittal.--On completion of the plan under paragraph
(1), the Secretary shall transmit the plan to--
(A) the Committee on Environment and Public Works of
the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Implementation of Prior Water Resources Development Laws.--
(1) Definition of prior water resources development law.--In
this subsection, the term ``prior water resources development
law'' means each of the following (including the amendments made
by any of the following):
(A) The Water Resources Development Act of 2000
(Public Law 106-541).
(B) The Water Resources Development Act of 2007
(Public Law 110-114).
(C) The Water Resources Reform and Development Act
of 2014 (Public Law 113-121).
(D) The Water Resources Development Act of 2016
(Public Law 114-322).
(E) The Water Resources Development Act of 2018
(Public Law 115-270).
(F) The Water Resources Development Act of 2020
(Public Law 116-260).
(G) The Water Resources Development Act of 2022
(Public Law 117-263).
(2) Notice.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a written
notice of the status of efforts by the Secretary to
implement the prior water resources development laws.
(B) Contents.--
[[Page 138 STAT. 2999]]
(i) <<NOTE: List.>> In general.--As part of
the notice under subparagraph (A), the Secretary
shall include a list describing each provision of
a prior water resources development law that has
not been fully implemented as of the date of
submission of the notice.
(ii) Additional information.--For each
provision included on the list under clause (i),
the Secretary shall--
(I) <<NOTE: Timeline.>> establish a
timeline for implementing the provision;
(II) provide a description of the
status of the provision in the
implementation process; and
(III) provide an explanation for the
delay in implementing the provision.
(3) Briefings.--
(A) <<NOTE: Time period. Determination.>> In
general.--Not later than 180 days after the date of
enactment of this Act, and every 90 days thereafter
until the Chairs of the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives determine that this division, the
amendments made by this division, and prior water
resources development laws are fully implemented, the
Secretary shall provide to relevant congressional
committees a briefing on the implementation of this
division, the amendments made by this division, and
prior water resources development laws.
(B) <<NOTE: Updates.>> Inclusions.--A briefing under
subparagraph (A) shall include--
(i) updates to the implementation plan under
subsection (a); and
(ii) updates to the written notice under
paragraph (2).
(c) Additional Notice Pending Issuance.--Not later than 30 days
before issuing any guidance, rule, notice in the Federal Register, or
other documentation required to implement this division, an amendment
made by this division, or a prior water resources development law (as
defined in subsection (b)(1)), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a written notice regarding the pending issuance.
(d) Wrda Implementation Team.--
(1) Definitions.--In this subsection:
(A) Prior water resources development law.--The term
``prior water resources development law'' has the
meaning given the term in subsection (b)(1).
(B) Team.--The term ``team'' means the Water
Resources Development Act implementation team
established under paragraph (2).
(2) Establishment.--The Secretary shall establish a Water
Resources Development Act implementation team that shall consist
of current employees of the Federal Government, including--
(A) not fewer than 2 employees in the Office of the
Assistant Secretary of the Army for Civil Works;
[[Page 138 STAT. 3000]]
(B) not fewer than 2 employees at the headquarters
of the Corps of Engineers; and
(C) a representative of each district and division
of the Corps of Engineers.
(3) Duties.--The team shall be responsible for assisting
with the implementation of this division, the amendments made by
this division, and prior water resources development laws,
including--
(A) performing ongoing outreach to--
(i) Congress; and
(ii) employees and servicemembers stationed in
districts and divisions of the Corps of Engineers
to ensure that all Corps of Engineers employees
are aware of and implementing provisions of this
division, the amendments made by this division,
and prior water resources development laws, in a
manner consistent with congressional intent;
(B) identifying any issues with implementation of a
provision of this division, the amendments made by this
division, and prior water resources development laws at
the district, division, or national level;
(C) resolving the issues identified under
subparagraph (B), in consultation with Corps of
Engineers leadership and the Secretary; and
(D) ensuring that any interpretation developed as a
result of the process under subparagraph (C) is
consistent with congressional intent for this division,
the amendments made by this division, and prior water
resources development laws.
SEC. 1103. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--Section 1001(a) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c(a)) is amended--
(1) in paragraph (1), by striking ``3 years after the date
of initiation'' and inserting ``4 years after the date on which
the Secretary determines the Federal interest for purposes of
the report pursuant to section 905(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(b))''; and
(2) by striking paragraph (2) and inserting the following:
``(2) have a maximum total cost of $5,000,000; and''.
(b) <<NOTE: 33 USC 2282c note.>> Savings Clause.--Nothing in the
amendments made by subsection (a) shall be construed to affect a
feasibility study that was initiated prior to the date of the enactment
of this Act.
SEC. 1104. <<NOTE: 33 USC 598b.>> MINIMUM REAL ESTATE INTEREST.
(a) Real Estate Plan.--The Secretary shall provide to the non-
Federal interest for an authorized water resources development project a
real estate plan for the project that includes a description of the real
estate interests required for construction, operation and maintenance,
repair, rehabilitation, or replacement of the project, including any
specific details and legal requirements necessary for implementation of
the project.
(b) Identification of Minimum Interest.--
(1) In general.--For each authorized water resources
development project for which an interest in real property is
required for any applicable construction, operation and
[[Page 138 STAT. 3001]]
maintenance, repair, rehabilitation, or replacement, the
Secretary shall identify the minimum interest in the property
necessary to carry out the applicable activity.
(2) Determination.--In carrying out paragraph (1), the
Secretary shall identify an interest that is less than fee
simple title in cases where the Secretary determines that--
(A) such an interest is sufficient for construction,
operation and maintenance, repair, rehabilitation, and
replacement of the applicable project; and
(B) the non-Federal interest cannot legally make
available to the Secretary an interest in fee simple
title for purposes of the project.
(c) Requirement.--The non-Federal interest for an authorized water
resources development project shall provide for the project an interest
in the applicable real property that is the minimum interest identified
under subsection (b).
(d) Annual Report.--The Secretary shall annually 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 containing--
(1) <<NOTE: Summary.>> a summary of all instances in which
the Secretary identified under subsection (b) fee simple title
as the minimum interest necessary with respect to an activity
for which the non-Federal interest requested the use of an
interest less than fee simple title; and
(2) with respect to each such instance, a description of the
legal requirements that resulted in identifying fee simple title
as the minimum interest.
(e) Existing Agreements.--At the request of a non-Federal interest,
an agreement entered into under section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) between the Secretary and the non-Federal
interest before the date of enactment of this Act may be amended to
reflect the requirements of this section.
SEC. 1105. REVIEW PROCESS.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended by
redesignating subsections (c) and (d) as subsections (d) and (e),
respectively, and inserting after subsection (b) the following:
``(c) Review Process.--
``(1) <<NOTE: Guidance.>> Consistency.--The Secretary shall
establish clear, concise, and specific guidance to be used
within the Corps of Engineers and by non-Federal entities
developing applications for permission standardizing the review
process across Districts.
``(2) Preapplication meeting.--At the request of a non-
Federal entity that is planning on submitting an application for
permission pursuant to subsection (a), the Secretary shall meet
with the non-Federal entity to--
``(A) <<NOTE: Standards.>> provide clear, concise,
and specific design standards that the non-Federal
entity must use in the development of the application;
``(B) <<NOTE: Recommenda-tion.>> recommend, based on
coordination with the non-Federal entity, the
appropriate number of design packages for submission for
the proposed action, and the stage of development at
which such packages should be submitted; and
[[Page 138 STAT. 3002]]
``(C) identify potential concerns or conflicts with
such proposed actions.
``(3) Contributed funds.--The Secretary may use funds
accepted from a non-Federal entity under subsection (b)(3) for
purposes of conducting a meeting described in paragraph (2).''.
SEC. 1106. <<NOTE: Deadline. Time period. Website. 33 USC 2352
note.>> PROCESSING TIMELINES.
Not later than 30 days after the end of each fiscal year, the
Secretary shall ensure that the public website for the ``permit finder''
of the Corps of Engineers accurately reflects the current status of
permits for which funds have been contributed under section 214 of the
Water Resources Development Act of 2000 (33 U.S.C. 2352).
SEC. 1107. CONTINUING AUTHORITY PROGRAMS.
(a) <<NOTE: 33 USC 2201 note.>> Pilot Program for Alternative
Project Delivery for Continuing Authority Program Projects.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
implement a pilot program, in accordance with this subsection,
allowing a non-Federal interest or the Secretary, at the request
of the non-Federal interest, to carry out a project under a
continuing authority program through the use of an alternative
delivery method.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) <<NOTE: Proposals. Web posting.>> solicit
project proposals from non-Federal interests by posting
program information on a public-facing website and
reaching out to non-Federal interests that have
previously submitted project requests to the Secretary;
(B) <<NOTE: Review.>> review such proposals and
select projects, taking into consideration geographic
diversity among the selected projects and the
alternative delivery methods used for the selected
projects; and
(C) <<NOTE: Notification.>> notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate of each project selected
under subparagraph (B), including--
(i) identification of the project name, type,
and location, and the associated non-Federal
interest;
(ii) a description of the type of alternative
delivery method being used to carry out the
project; and
(iii) a description of how the project meets
the authorized purposes and requirements of the
applicable continuing authority program.
(3) Cost share.--The Federal and non-Federal shares of the
cost of a project carried out pursuant to this subsection shall
be consistent with the cost share requirements of the applicable
continuing authority program.
(4) Modifications to processes.--With respect to a project
selected under paragraph (3), the Secretary, at the request of
the non-federal interest, shall to the maximum extent
practicable--
(A) allow the non-Federal interest to contribute
more than the non-Federal share of the project required
under the applicable continuing authority program;
[[Page 138 STAT. 3003]]
(B) allow the use of return on Federal investment as
an alternative to benefit-cost analysis;
(C) allow the use of a real estate acquisition audit
process to replace existing crediting, oversight, and
review processes and procedures; and
(D) allow the use of a single contract with the non-
Federal interest that incorporates the feasibility and
construction phases.
(5) Reimbursement.--
(A) In general.--A project selected under paragraph
(3) that is carried out by a non-Federal interest
pursuant to this subsection shall be eligible for
reimbursement for the Federal share of the cost of the
project if, before initiation of construction of the
project--
(i) <<NOTE: Contracts. Determinations.>> the
non-Federal interest enters into a written
agreement with the Secretary under section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)
consistent with the applicable continuing
authority program; and
(ii) the Secretary--
(I) <<NOTE: Reviews.>> reviews the
plans for construction of the project
developed by the non-Federal interest;
(II) determines that the project
meets the requirements of the applicable
continuing authority program;
(III) determines that the project
outputs are consistent with the project
scope;
(IV) determines that the plans
comply with applicable Federal laws and
regulations; and
(V) <<NOTE: Verification.>> verifies
that the construction documents,
including supporting information, have
been signed by an Engineer of Record.
(B) <<NOTE: Certification.>> Application of
reimbursement.--The Secretary may only provide
reimbursement under subparagraph (A) if the Secretary
certifies that--
(i) the non-Federal interest has obligated
funds for the cost of the project selected under
paragraph (3) and has requested reimbursement of
the Federal share of the cost of the project; and
(ii) the project has been constructed in
accordance with--
(I) all applicable permits or
approvals; and
(II) the requirements of this
subsection.
(C) Monitoring.--The Secretary shall regularly
monitor and audit any project being constructed by a
non-Federal interest pursuant to this subsection to
ensure that the construction is carried out in
compliance with the requirements of--
(i) this subsection; and
(ii) the relevant continuing authorities
program.
(6) Evaluations and reporting.--The Secretary shall annually
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 progress and
outcomes of projects carried out pursuant to this subsection,
including--
[[Page 138 STAT. 3004]]
(A) <<NOTE: Assessment.>> an assessment of whether
the use of alternative delivery methods has resulted in
cost savings or time efficiencies; and
(B) identification of changes to laws or policies
needed in order to implement more projects using
alternative delivery methods.
(7) Definitions.--In this subsection:
(A) Alternative delivery method.--The term
``alternative delivery method'' means a project delivery
method that is not the traditional design-bid-build
method, including progressive design-build, public-
private partnerships, and construction manager at risk.
(B) Continuing authority program.--The term
``continuing authority program'' has the meaning given
that term in the section 7001(c)(1)(D) of Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(C) Return on federal investment.--The term ``return
on Federal investment'' means, with respect to Federal
investment in a water resources development project, the
economic return on the investment for the Federal
Government, taking into consideration qualitative
returns for any anticipated life safety, risk reduction,
economic growth, environmental, and social benefits
accruing as a result of the investment.
(8) Maximum projects.--Not more than 25 projects may be
carried out under this subsection.
(9) Sunset.--The authority to commence pursuant to this
subsection a project selected under paragraph (3) shall
terminate on the date that is 10 years after the date of
enactment of this Act.
(10) <<NOTE: Time periods.>> Authorization of
appropriations.--There is authorized to be appropriated to carry
out this subsection $50,000,000 for each of fiscal years 2025
through 2032.
(b) Emergency Streambank and Shoreline Protection.--Section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
(1) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(2) by striking ``$10,000,000'' and inserting
``$15,000,000''.
(c) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c) of the Act of August 13, 1946 (33 U.S.C. 426g(c))
is amended--
(1) in paragraph (1), by striking ``$37,500,000'' and
inserting ``$62,500,000''; and
(2) in paragraph (2)(B), by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(d) Small River and Harbor Improvement Projects.--Section 107(b) of
the River and Harbor Act of 1960 (33 U.S.C. 577(b)) is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
(e) Aquatic Ecosystem Restoration.--Section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Drought resilience.--A project under this section may
include measures that enhance drought resilience through the
restoration of wetlands or the removal of invasive species.'';
(2) in subsection (b), by adding at the end the following:
[[Page 138 STAT. 3005]]
``(3) Anadromous fish.--Notwithstanding paragraph (1), for
projects carried out under subsection (a)(3), the non-Federal
interest shall provide 15 percent of the cost of construction,
including provision of all lands, easements, rights-of-way, and
necessary relocations.'';
(3) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(4) in subsection (f), by striking ``$62,500,000'' and
inserting ``$75,000,000''.
(f) Removal of Obstructions; Clearing Channels.--Section 2 of the
Act of August 28, 1937 (33 U.S.C. 701g) is amended--
(1) by striking ``$7,500,000'' and inserting
``$15,000,000'';
(2) by inserting ``for preventing and mitigating flood
damages associated with ice jams,'' after ``other debris,''; and
(3) by striking ``$500,000'' and inserting ``$1,000,000''.
(g) Project Modifications for Improvement of Environment or Drought
Resiliency.--Section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a) is amended--
(1) in the section heading, by inserting ``or Drought
Resiliency'' after ``Environment'';
(2) in subsection (a)--
(A) by striking ``for the purpose of improving'' and
inserting the following: ``for the purpose of--
``(1) improving'';
(B) in paragraph (1) (as so designated), by striking
the period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(2) providing drought resiliency.'';
(3) in subsection (b), by striking ``(2) will improve'' and
inserting ``(2) will provide for drought resilience or will
improve'';
(4) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000'';
(5) in subsection (h), by striking ``$50,000,000'' and
inserting ``$62,000,000''; and
(6) by adding at the end the following:
``(j) Drought Resilience.--Drought resilience measures carried out
under this section may include--
``(1) water conservation measures to mitigate and address
drought conditions;
``(2) removal of sediment captured behind a dam for the
purpose of restoring or increasing the authorized storage
capacity of the project concerned;
``(3) the planting of native plant species that will reduce
the risk of drought and the incidence of nonnative species; and
``(4) other actions that increase drought resilience, water
conservation, or water availability.''.
(h) Shore Damage Prevention or Mitigation.--Section 111(c) of the
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking
``$12,500,000'' and inserting ``$15,000,000''.
(i) Regional Sediment Management.--Section 204(c)(1)(C) of the Water
Resources Development Act of 1992 (33 U.S.C. 2326(c)(1)(C)) is amended
by striking ``$10,000,000'' and inserting ``$15,000,000''.
(j) Small Flood Control Projects.--Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended--
[[Page 138 STAT. 3006]]
(1) in the first sentence, by striking ``$68,750,000'' and
inserting ``$90,000,000''; and
(2) in the third sentence, by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(k) Community Revitalization Program.--Section 165(a) of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended--
(1) by striking the subsection heading and inserting
``Community Revitalization Program'';
(2) in paragraph (1), by striking ``pilot program'' and
inserting ``program'';
(3) in paragraph (2)--
(A) in the paragraph heading, by striking ``pilot'';
(B) by amending subparagraph (A) to read as follows:
``(A) <<NOTE: Proposals. Web posting.>> solicit
project proposals from non-Federal interests by posting
program information on a public-facing website and
reaching out to non-Federal interests that have
previously submitted relevant project proposals to the
Secretary; and''; and
(C) in subparagraph (B), by striking ``a total of 20
projects'' and inserting ``projects'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4);
(5) in paragraph (4), as so redesignated, by inserting
``the'' before ``Water''; and
(6) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $150,000,000 for
each fiscal year.''.
SEC. 1108. <<NOTE: 33 USC 2289b.>> STORMWATER MANAGEMENT PROJECTS.
(a) In General.--The Secretary shall establish a program to carry
out studies and projects to control, retain, and reuse stormwater
associated with flood control efforts, in partnership with non-Federal
interests.
(b) Requirements.--
(1) Prioritization.--In carrying out this section, the
Secretary shall prioritize studies and projects that improve
urban flood control efforts, including through the management of
stormwater that flows at a rate of less than 800 cubic feet per
second for the 10-percent flood.
(2) Use of natural and nature-based features.--In carrying
out a project under this section, the Secretary shall, to the
maximum extent practicable, seek to incorporate natural features
and nature-based features (as those terms are defined in section
1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a))).
(3) Consideration.--In carrying out a project under this
section, the Secretary shall, where appropriate, maximize the
use of features for the reclamation, recycling, and reuse of
flood water and stormwater associated with the project.
(4) Items provided by non-federal interest.--
(A) In general.--The non-Federal interest for a
project carried out under this section shall provide all
land, easements, rights-of-way, and relocations
necessary for the project.
[[Page 138 STAT. 3007]]
(B) Credit.--The value of the land, easements,
rights-of-way, and relocations provided under
subparagraph (A) shall be credited toward the non-
Federal share of the cost of the project.
(5) Agreements.--Construction of a project under this
section shall be initiated only after a non-Federal interest has
entered into a binding agreement with the Secretary to pay--
(A) the non-Federal share of the costs of
construction required under this section; and
(B) 100 percent of any operation, maintenance,
replacement, and rehabilitation costs associated with
the project, in accordance with regulations prescribed
by the Secretary.
(c) Cost-share.--
(1) Study.--Subject to paragraph (3), the Federal share of
the cost of a study carried out under this section shall be 50
percent, except that the first $100,000 of the cost of the study
shall be at Federal expense.
(2) Construction.--Subject to paragraph (3), the non-Federal
share of the cost of a project carried out under this section
shall be 35 percent.
(3) Limitation.--The total Federal amount expended for a
study or project under this section shall be not more than
$10,000,000.
(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $50,000,000 for each fiscal year.
SEC. 1109. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) In General.--Section 203 of the Water Resources Development Act
of 1986 (33 U.S.C. 2231) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``may undertake a federally
authorized feasibility study of a proposed water
resources development project, or,'' and inserting
the following: ``may undertake and submit to the
Secretary--
``(A) a federally authorized feasibility study of a
proposed water resources development project; or'';
(ii) by striking ``upon the written approval''
and inserting the following:
``(B) upon the determination'';
(iii) in subparagraph (B) (as so designated)--
(I) by striking ``undertake''; and
(II) by striking ``, and submit the
study to the Secretary'' and inserting
``or constructed by a non-Federal
interest pursuant to section 204'';
(B) <<NOTE: Guidance.>> in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``, as soon as
practicable,''; and
(II) by striking ``non-Federal
interests to'' and inserting ``non-
Federal interests that'';
(ii) by striking subparagraph (A) and
inserting the following:
[[Page 138 STAT. 3008]]
``(A) <<NOTE: Compliance.>> provide clear, concise,
and transparent guidance for the non-Federal interest to
use in developing a feasibility study that complies with
requirements that would apply to a feasibility study
undertaken by the Secretary;'';
(iii) in subparagraph (B), by striking the
period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(C) provide guidance to a non-Federal interest on
obtaining support from the Secretary to complete
elements of a feasibility study that may be considered
inherently governmental and required to be done by a
Federal agency; and
``(D) provide contacts for employees of the Corps of
Engineers that a non-Federal interest may use to
initiate coordination with the Secretary and identify at
what stages coordination may be beneficial.''; and
(C) by adding at the end the following:
``(3) Determination.--If a non-Federal interest requests to
undertake a feasibility study on a modification to a constructed
water resources development project under paragraph (1)(B), the
Secretary shall expeditiously provide to the non-Federal
interest the determination required under such paragraph with
respect to whether conceptual modifications, as presented by the
non-Federal interest, are consistent with the authorized
purposes of the project.'';
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``receives a request under this paragraph'' and
inserting ``receives a study submission under
subsection (a) or receives a request under
subparagraph (A)''; and
(ii) by adding at the end the following:
``(C) <<NOTE: Notification. Review.>> Additional
information required.--The Secretary shall notify a non-
Federal interest if, upon initial review of a submission
received under subsection (a) or a receipt of a request
under subparagraph (A), the Secretary requires
additional information to perform the required analyses,
reviews, and compliance processes and include in such
notification a detailed description of the required
information.'';
(B) by striking paragraph (4) and inserting the
following:
``(4) <<NOTE: Timeline.>> Notification.--Upon receipt of a
study submission under subsection (a) or receipt of a request
under paragraph (3)(A), the Secretary shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the submission or request and a timeline
for completion of the required analyses, reviews, and compliance
processes and shall notify the non-Federal interest of such
timeline.''; and
(C) in paragraph (5), by striking ``receiving a
request under paragraph (3)'' and inserting ``receiving
a study submission under subsection (a) or a request
under paragraph (3)(A)'';
(3) in subsection (d)--
(A) by striking ``If a project'' and inserting the
following:
[[Page 138 STAT. 3009]]
``(1) In general.--If a project'';
(B) by inserting ``or modification to the project''
before ``an amount equal to''; and
(C) by adding at the end the following:
``(2) Maximum amount.--Any credit provided to a non-Federal
interest under this subsection may not exceed the Federal share
of the cost for a feasibility study initiated by the Secretary
under section 1001(a)(2) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c(a)).''; and
(4) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $1,000,000 for each fiscal year to carry
out this section.''.
(b) <<NOTE: Deadline. Update. 33 USC 2231 note.>> Guidance.--Not
later than 18 months after the date of enactment of this Act, the
Secretary shall update any guidance as necessary to reflect the
amendments made by this section.
(c) <<NOTE: Contracts. 33 USC 2231 note.>> Implementation.--Any non-
Federal interest that has entered in a written agreement with the
Secretary related to carrying out a feasibility study pursuant to
section 203 of the Water Resources Development Act of 1986 (33 U.S.C.
2231) before the date of enactment of this Act may submit to the
Secretary a request to amend such agreement to reflect the amendments
made by this section.
SEC. 1110. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
(a) In General.--Section 204 of the Water Resources Development Act
of 1986 (33 U.S.C. 2232) is amended--
(1) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) <<NOTE: Studies.>> In general.--When requested by a
non-Federal interest carrying out a project or separable element
of a project under this section, the Secretary shall undertake
all necessary studies, engineering, and technical assistance on
construction for any project or separable element of a project
under this section, and provide technical assistance in
obtaining all necessary permits for the construction, if the
non-Federal interest contracts with the Secretary to provide
funds to the United States for the studies, engineering, or
technical assistance.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking ``plans'' each
place it appears and inserting ``plan'';
(B) in paragraph (3)(B), by inserting ``, discrete
segment of the project, or separable element of the
project'' after ``the project'';
(C) in paragraph (5) by striking ``plans'' each
place it appears and inserting ``plan''; and
(D) by adding at the end the following:
``(6) Exclusions.--The Secretary may not provide credit or
reimbursement for--
``(A) activities required by the non-Federal
interest to initiate design and construction that would
otherwise not be required by the Secretary; or
``(B) delays incurred by the non-Federal interest
resulting in project cost increases.''.
[[Page 138 STAT. 3010]]
(b) <<NOTE: Deadline. Update. 33 USC 2232 note.>> Guidance.--Not
later than 18 months after the date of enactment of this Act, the
Secretary shall update any guidance as necessary to reflect the
amendments made by this section.
(c) <<NOTE: Contracts. 33 USC 2232 note.>> Implementation.--Any non-
Federal interest that has entered in a written agreement with the
Secretary to carry out a water resources development project pursuant to
section 204 of the Water Resources Development Act of 1986 (33 U.S.C.
2232) before the date of enactment of this Act may submit to the
Secretary a request to amend such agreement to reflect the amendments
made by this section.
SEC. 1111. ANNUAL REPORT TO CONGRESS.
Section 7001 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2282d) is amended--
(1) in subsection (c)(1)(D)(iii)--
(A) in subclause (VIII), by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IX), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(X) section 1108 of the Water
Resources Development Act of 2024.'';
(2) by redesignating subsection (g) as subsection (i); and
(3) by inserting after subsection (f) the following:
``(g) Non-Federal Interest Notification.--After the publication of
the annual report under subsection (f), if the proposal of a non-Federal
interest submitted under subsection (b) was included by the Secretary in
the appendix under subsection (c)(4), the Secretary shall provide
written notification to the non-Federal interest of such inclusion.
``(h) Congressional Notification.--Not later than 30 days after the
publication of the annual report under subsection (f), for each proposal
included in that annual report or appendix, the Secretary shall notify
each Member of Congress that represents the State in which that proposal
will be located that the proposal was included the annual report or the
appendix.''.
SEC. <<NOTE: 33 USC 569c note.>> 1112. SERVICES OF VOLUNTEERS.
(a) In General.--The Secretary may recognize a volunteer providing
services under the heading ``Department of Defense--Civil--Department of
the Army--Corps of Engineers--Civil--General Provisions'' in chapter IV
of title I of the Supplemental Appropriations Act, 1983 (33 U.S.C. 569c)
through an award or other appropriate means, except that such award may
not be in the form of a cash award.
(b) Process.--The Secretary shall establish a process to carry out
subsection (a).
SEC. <<NOTE: 33 USC 2354 note.>> 1113. NONRECREATION OUTGRANT
POLICY.
(a) <<NOTE: Deadline. Update. Guidance. Evaluation. Approval.>> In
General.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall update the policy guidance of the Corps of
Engineers for the evaluation and approval of nonrecreational real estate
outgrant requests for the installation, on lands and waters operated and
maintained by the Secretary, of infrastructure for the provision of
broadband services.
(b) Requirements.--In updating the policy guidance under subsection
(a), the Secretary shall ensure that the policy guidance--
[[Page 138 STAT. 3011]]
(1) requires the consideration of benefits to the public in
evaluating a request described in subsection (a);
(2) requires the Secretary to consider financial factors
when determining whether there is a viable alternative to the
installation for which approval is requested as described in
subsection (a);
(3) requires that a request described in subsection (a) be
expeditiously approved or denied after submission of a completed
application for such request; and
(4) requires the Secretary to include in any denial of such
a request detailed information on the justification for the
denial.
(c) Savings Clause.--Nothing in this section affects or alters the
responsibility of the Secretary--
(1) to sustain and protect the natural resources of lands
and waters operated and maintained by the Secretary; or
(2) to carry out a water resources development project
consistent with the purposes for which such project is
authorized.
SEC. 1114. SILVER JACKETS PROGRAM.
The <<NOTE: Continuation.>> Secretary shall continue the Silver
Jackets program established by the Secretary pursuant to section 206 of
the Flood Control Act of 1960 (33 U.S.C. 709a) and section 204 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5134).
SEC. 1115. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
Section 8159 of the Water Resources Development Act of 2022 (136
Stat. 3740) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon; and
(2) <<NOTE: Colleges and universities. State listing.>> by
striking paragraph (4) and inserting the following:
``(4) West Virginia University to conduct academic research
on flood resilience planning and risk management, water
resource-related emergency management, aquatic ecosystem
restoration, water quality, hydropower (including siting and
risk management for open- and closed-loop pumped hydropower
energy storage), and water resource-related recreation
(including management of water-related resources for recreation)
in the State of West Virginia;
``(5) Delaware State University to conduct academic research
on water resource ecology, water quality, aquatic ecosystem
restoration, coastal restoration, and water resource-related
emergency management in the State of Delaware, the Delaware
River Basin, and the Chesapeake Bay watershed;
``(6) the University of Notre Dame to conduct academic
research on hazard mitigation policies and practices in coastal
communities, including through the incorporation of data
analysis and the use of risk-based analytical frameworks for
reviewing flood mitigation and hardening plans and for
evaluating the design of new infrastructure;
``(7) Mississippi State University to conduct academic
research on technology to be used in water resources development
infrastructure, analyses of the environment before and after a
natural disaster, and geospatial data collection;
``(8) Western Washington University, Bellingham to conduct
academic research on water quality, aquatic ecosystem
restoration (including aquaculture), and the resiliency of water
[[Page 138 STAT. 3012]]
resources development projects in the Pacific Northwest to
natural disasters;
``(9) the University of North Carolina Wilmington to conduct
academic research on flood mitigation, coastal resiliency, water
resource ecology, water quality, aquatic ecosystem restoration
(including aquaculture), coastal restoration, and resource-
related emergency management in North Carolina and Mid-Atlantic
region; and
``(10) California State Polytechnic University, Pomona to
conduct academic research on integrated design and management of
water resources development projects, including for the purposes
of flood risk management, ecosystem restoration, water supply,
water conservation, and sustainable aquifer management.''.
SEC. 1116. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
Section 8154(g)(1) of the Water Resources Development Act of 2022
(136 Stat. 3735) is amended by adding at the end the following:
``(F) Project for hurricane and storm damage risk
reduction, Norfolk Coastal Storm Risk Management,
Virginia, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2738).''.
SEC. 1117. HARBOR DEEPENING.
(a) Construction.--Section 101(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended by striking
``50 feet'' each place it appears and inserting ``55 feet''.
(b) Operation and Maintenance.--Section 101(b)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by
striking ``50 feet'' and inserting ``55 feet''.
SEC. 1118. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
Section 8133(c) of the Water Resources Development Act of 2022 (136
Stat. 3720) <<NOTE: 33 USC note prec. 2251.>> is amended to read as
follows:
``(c) Projects.--In awarding contracts under subsection (a), the
Secretary shall consider projects that--
``(1) improve navigation reliability on inland waterways
that are accessible year-round;
``(2) increase freight capacity on inland waterways; and
``(3) have the potential to enhance the availability of
containerized cargo on inland waterways.''.
SEC. 1119. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.
(a) In General.--Section 217(b) of the Water Resources Development
Act of 1996 (33 U.S.C. 2326a(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Determinations.>> In general.--
``(A) Non-federal use.--The Secretary--
``(i) at the request of a non-Federal entity,
may permit the use of any dredged material
disposal facility under the jurisdiction of, or
managed by, the Secretary by the non-Federal
entity if the Secretary determines that such use
will not reduce the availability of the facility
for the authorized water resources development
project on a channel in the vicinity of the
disposal facility;
[[Page 138 STAT. 3013]]
``(ii) at the request of a non-Federal entity,
shall permit the non-Federal entity to use a non-
Federal disposal facility for the disposal of
material dredged by the non-Federal entity,
regardless of any connection to a Federal
navigation project, if--
``(I) permission for such use has
been granted by the owner of the non-
Federal disposal facility; and
``(II) the Secretary determines that
the dredged material disposal needs
required to maintain, perform authorized
deepening, or restore the navigability
and functionality of authorized
navigation channels in the vicinity of
the non-Federal disposal facility for
the 20-year period following the date of
the request, including all planned and
routine dredging operations necessary to
maintain such channels for the
authorized purposes during such period,
can be met by the available gross
capacity of other dredged material
disposal facilities in the vicinity of
the non-Federal disposal facility; and
``(iii) shall impose fees to recover capital,
operation, and maintenance costs associated with
such uses.
``(B) Determinations.--The Secretary shall--
``(i) delegate determinations under clauses
(i) and (ii)(II) of subparagraph (A) to the
District Commander of the district in which the
relevant disposal facility is located; and
``(ii) <<NOTE: Deadline.>> make such
determinations not later than 90 days after
receiving the applicable request.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``Use of
fees'' and inserting ``Fees'';
(B) by striking ``Notwithstanding'' and inserting
the following:
``(A) Use.--Notwithstanding''; and
(C) by adding at the end the following:
``(B) <<NOTE: Fee.>> Reduction in amount.--In
collecting any fee under this subsection, the Secretary
shall reduce the amount imposed under paragraph
(1)(A)(iii) to account for improvements made to the non-
Federal disposal facility by the non-Federal entity to
recover the capacity of the non-Federal disposal
facility.''; and
(3) by adding at the end the following:
``(3) Disposition studies.--
``(A) Requirement.--Upon request by the owner of a
non-Federal disposal facility, the Secretary shall carry
out a disposition study of the non-Federal disposal
facility, in accordance with section 1168 of the Water
Resources Development Act of 2018 (33 U.S.C. 578b), if--
``(i) <<NOTE: Time period.>> the Secretary has
not used the non-Federal disposal facility for the
disposal of dredged material during the 20-year
period preceding the date of the request; and
``(ii) <<NOTE: Determination.>> the Secretary
determines that the non-Federal disposal facility
is not needed for such use by the
[[Page 138 STAT. 3014]]
Secretary during the 20-year period following the
date of the request.
``(B) Conclusive presumptions.--For purposes of
carrying out a disposition study required under
subparagraph (A), the Secretary shall--
``(i) consider the non-Federal disposal
facility to be a separable element of a project;
and
``(ii) consider a Federal interest in the non-
Federal disposal facility to no longer exist.
``(4) Definitions.--In this subsection:
``(A) Gross capacity.--The term `gross capacity'
means the total quantity of dredged material that may be
placed in a dredged material disposal facility, taking
into consideration any additional capacity that can be
constructed at the facility.
``(B) Non-federal disposal facility.--The term `non-
Federal disposal facility' means a dredged material
disposal facility under the jurisdiction of, or managed
by, the Secretary that is owned by a non-Federal
entity.''.
(b) <<NOTE: Contracts. 33 USC 2326a note.>> Savings Clause.--Nothing
in the amendments made by subsection (a) shall affect--
(1) an agreement between the Secretary and a non-Federal
interest that is in effect on the date of enactment of this Act,
except that, upon request by the non-Federal interest party to
such agreement, the Secretary and the non-Federal interest may
modify such agreement; or
(2) <<NOTE: Notification.>> the inclusion in an agreement
between the Secretary and a non-Federal interest entered into
after the date of enactment of this Act of a dredged material
disposal facility that is included in an agreement between the
Secretary and a non-Federal interest in effect on the date of
enactment of this Act, unless the non-Federal interest is
notified and agrees.
SEC. 1120. <<NOTE: 33 USC 2346a.>> REAL ESTATE ADMINISTRATIVE
FEES.
(a) <<NOTE: Deadline. Guidance.>> In General.--Not later than 30
days after the date of enactment of this Act, the Secretary shall
initiate the development of guidance to standardize processes for
developing, updating, and tracking real estate administrative fees
administered by the Corps of Engineers.
(b) Guidance.--In developing guidance under subsection (a), the
Secretary shall--
(1) <<NOTE: Cost estimate.>> outline standard methodologies
to estimate costs for purposes of setting real estate
administrative fees;
(2) define the types of activities involved in managing real
estate instruments that are included for purposes of setting
such fees;
(3) <<NOTE: Procedures.>> establish cost-tracking procedures
to capture data relating to the activities described in
paragraph (2) for purposes of setting such fees;
(4) <<NOTE: Review. Update.>> outline a schedule for
divisions or districts of the Corps of Engineers to review, and
update as appropriate, real estate administrative fees,
including specifying what such reviews should entail and the
frequency of such reviews; and
(5) provide opportunities for stakeholder input on real
estate administrative fees.
(c) <<NOTE: Web posting.>> Publicly Available.--The Secretary shall
make publicly available on the website of each Corps of Engineers
district--
[[Page 138 STAT. 3015]]
(1) the guidance developed under this section; and
(2) <<NOTE: Lists.>> any other relevant information on real
estate administrative fees, including lists of real estate
instruments requiring such fees, and methodologies used to set
such fees.
SEC. 1121. <<NOTE: 33 USC 2298a.>> DATABASES OF CORPS RECREATIONAL
SITES.
<<NOTE: Update. Public information.>> The Secretary shall regularly
update publicly available databases maintained, or cooperatively
maintained, by the Corps of Engineers with information on sites operated
or maintained by the Secretary that are used for recreational purposes,
including the operational status of, and the recreational opportunities
available at, such sites.
SEC. 1122. PROJECT STUDIES SUBJECT TO INDEPENDENT EXTERNAL PEER
REVIEW.
Section 2034 of the Water Resources Development Act of 2007 (33
U.S.C. 2343) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
SEC. <<NOTE: 33 USC 2292a.>> 1123. NATIONAL COASTAL MAPPING
PROGRAM.
(a) In General.--The Secretary is authorized to carry out a national
coastal mapping program to provide recurring national coastal mapping
along the coasts of the United States to support Corps of Engineers
navigation, flood risk management, environmental restoration, and
emergency operations missions.
(b) Scope.--In carrying out the program under subsection (a), the
Secretary--
(1) <<NOTE: Data.>> shall disseminate coastal mapping data
and new or advanced geospatial information and remote sensing
tools for coastal mapping derived from the analysis of such data
to the Corps of Engineers, other Federal agencies, States, and
other stakeholders;
(2) shall implement coastal surveying based on findings of
the national coastal mapping study carried out under section
8110 of the Water Resources Development Act of 2022 (136 Stat.
3702);
(3) <<NOTE: Research and development.>> shall conduct
research and development on bathymetric liDAR and ancillary
technologies necessary to advance coastal mapping capabilities
in order to exploit data with increased efficiently and greater
accuracy;
(4) with respect to any region affected by a hurricane rated
category 3 or higher, shall--
(A) conduct coastal mapping of such region;
(B) <<NOTE: Determination.>> determine volume
changes at Federal projects in such region;
(C) quantify damage to navigation infrastructure in
such region;
(D) <<NOTE: Assessment.>> assess environmental
impacts to such region, measure any coastal impacts; and
(E) <<NOTE: Data. Deadline.>> make any data gathered
under this paragraph publicly available not later than 2
weeks after the acquisition of such data;
(5) at the request of another Federal entity or a State or
local government entity, may provide subject matter expertise,
mapping services, and technology evolution assistance;
[[Page 138 STAT. 3016]]
(6) <<NOTE: Contracts.>> may enter into an agreement with
another Federal agency or a State agency to accept funds from
such agency to expand the coverage of the program to efficiently
meet the needs of such agency;
(7) shall coordinate with representatives of the Naval
Meteorology and Oceanography Command, the National Oceanic and
Atmospheric Administration, United States Geological Survey, and
any other representative of a Federal agency that the Secretary
determines necessary, to support any relevant Federal, State, or
local agency through participation in working groups,
committees, and organizations;
(8) may maintain the panel of senior leaders established
under section 8110(e) of the Water Resources Development Act of
2022; and
(9) may convene an annual coastal mapping community of
practice meeting to discuss and identify technical topics and
challenges to inform such panel in carrying out the duties of
such panel.
(c) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section for each
fiscal year $15,000,000, to remain available until expended.
SEC. 1124. REMOVAL OF ABANDONED VESSELS.
(a) In General.--Section 19 of the Act of March 3, 1899 (33 U.S.C.
414) is amended--
(1) by striking ``Sec. 19. (a) That whenever'' and inserting
the following:
``SEC. 19. VESSEL REMOVAL BY CORPS OF ENGINEERS.
``(a) Removal of Obstructive Vessels.--
``(1) In general.--That whenever'';
(2) in subsection (b)--
(A) by striking ``described in this section'' and
inserting ``described in this subsection''; and
(B) by striking ``under subsection (a)'' and
inserting ``under paragraph (1)'';
(3) by striking ``(b) The owner'' and inserting the
following:
``(2) Liability of owner, lessee, or operator.--The owner'';
and
(4) by adding at the end the following:
``(b) Removal of Abandoned Vessel.--
``(1) <<NOTE: Determinations.>> In general.--The Secretary
is authorized to remove from the navigable waters of the United
States a covered vessel that does not obstruct the navigation of
such waters, if--
``(A) such removal is determined to be in the public
interest by the Secretary, in consultation with any
State in which the vessel is located or any Indian Tribe
with jurisdiction over the area in which the vessel is
located, as applicable; and
``(B) in the case of a vessel that is not under the
control of the United States by reason of seizure or
forfeiture, the Commandant of the Coast Guard determines
that the vessel is abandoned.
``(2) Interagency agreements.--In removing a covered vessel
under this subsection, the Secretary--
``(A) is authorized to enter into an interagency
agreement with the head of any Federal department,
agency, or instrumentality that has control of such
vessel; and
[[Page 138 STAT. 3017]]
``(B) is authorized to accept funds from such
department, agency, or instrumentality for the removal
of such vessel.
``(3) Liability.--The owner of a covered vessel shall be
liable to the United States for the costs of removal,
destruction, and disposal of such vessel under this subsection.
``(4) Covered vessel defined.--
``(A) In general.--In this subsection, the term
`covered vessel' means a vessel--
``(i) determined to be abandoned by the
Commandant of the Coast Guard; or
``(ii) under the control of the United States
by reason of seizure or forfeiture pursuant to any
law.
``(B) Exclusion.--The term `covered vessel' does not
include--
``(i) any vessel for which the Secretary has
removal authority under subsection (a) or section
20;
``(ii) an abandoned barge for which the
Commandant of the Coast Guard has the authority to
remove under chapter 47 of title 46, United States
Code; and
``(iii) a vessel--
``(I) for which the owner is not
identified, unless determined to be
abandoned by the Commandant of the Coast
Guard; or
``(II) for which the owner has not
agreed to pay the costs of removal,
destruction, or disposal.
``(5) <<NOTE: Time periods.>> Authorization of
appropriations.--There is authorized to be appropriated to carry
out this section $10,000,000 for each of fiscal years 2025
through 2029.''.
(b) Conforming Amendment.--Section 20 of the Act of March 3, 1899
(33 U.S.C. 416) is amended by striking ``the preceding section of this
Act'' and inserting ``section 19(a)''.
SEC. 1125. MISSOURI RIVER EXISTING FEATURES PROTECTION.
(a) <<NOTE: Analysis.>> In General.--Before carrying out a covered
action with respect to a covered in-river feature, the Secretary shall
perform an analysis to identify whether such action will--
(1) contribute to adverse effects of increased water levels
during flood events adjacent to the covered in-river feature;
(2) increase risk of flooding on commercial and residential
structures and critical infrastructure adjacent to the covered
in-river feature;
(3) decrease water levels during droughts adjacent to the
covered in-river feature;
(4) affect the navigation channel, including crossflows,
velocity, channel depth, and channel width, adjacent to the
covered in-river feature;
(5) contribute to bank erosion on private lands adjacent to
the covered in-river feature;
(6) affect the operation of ports or harbors adjacent to the
covered in-river feature; or
(7) affect harvesting of sand adjacent to the covered in-
river feature.
(b) <<NOTE: Determination.>> Mitigation.--If the Secretary
determines that a covered action will result in an outcome described in
subsection (a), the Secretary shall mitigate such outcome.
[[Page 138 STAT. 3018]]
(c) Savings Clause.--Nothing in this section may be construed to
affect the requirements of section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283).
(d) Definitions.--In this section:
(1) Covered action.--The term ``covered action'' means the
construction of, modification of, operational changes to, or
implementation of a covered in-river feature.
(2) Covered in-river feature.--The term ``covered in-river
feature'' means in-river features on the Missouri River used to
create and maintain dike notches, chutes, and complexes for
interception or rearing authorized pursuant to section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4143; 113
Stat. 306; 121 Stat. 1155) and section 334 of the Water
Resources Development Act of 1999 (113 Stat. 306; 136 Stat.
3799).
SEC. 1126. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``65
percent of the costs'' and inserting ``75 percent of the
costs''; and
(2) in the second sentence, by striking ``35 percent of such
costs'' and inserting ``25 percent of such costs''.
(b) <<NOTE: Effective date. 33 USC 2212 note.>> Application.--The
amendments made by subsection (a) shall apply beginning on October 1,
2024, to any construction of a project for navigation on the inland
waterways that is new or ongoing on or after that date.
SEC. 1127. PLANNING ASSISTANCE FOR STATES.
Section 22(a)(2)(B) of the Water Resources Development Act of 1974
(42 U.S.C. 1962d-16(a)(2)(B)) is amended by inserting ``and title
research for abandoned structures'' before the period at the end.
SEC. 1128. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1374; 132 Stat. 3784) is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. <<NOTE: Deadline. 33 USC 2238 note.>> 1129. EMERGING HARBORS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall--
(1) <<NOTE: Guidance.>> issue guidance for the purpose of
carrying out section 210(c)(3)(B) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(c)(3)(B)); and
(2) develop a mechanism to accept the non-Federal share of
funds from a non-Federal interest for maintenance dredging
carried out under such section.
SEC. 1130. MAXIMIZATION OF BENEFICIAL USE.
(a) Beneficial Use of Dredged Material.--Section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note) is amended--
<<NOTE: 33 USC 2326 note, 2326i.>>
(1) in subsection (a)--
(A) by striking ``Not later than 90 days after the
date of enactment of this Act, the Secretary shall
establish
[[Page 138 STAT. 3019]]
a pilot program'' and inserting ``The Secretary is
authorized''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) promoting resiliency and reducing the risk to property
and infrastructure of flooding and storm damage;'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the pilot program'' and inserting ``this
section'';
(B) by striking paragraph (1) and inserting the
following:
``(1) identify and carry out projects for the beneficial use
of dredged material;'';
(3) in subsection (c)(1)--
(A) by striking ``In carrying out the pilot program,
the'' and inserting ``The''; and
(B) by striking ``under the pilot program'' and
inserting ``under this section'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``the pilot program'' and inserting ``this
section'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``the pilot
program'' and inserting ``this section''; and
(B) in paragraph (4), by striking ``the pilot
program'' and inserting ``the implementation of this
section''; and
(6) by striking subsection (g) and redesignating subsection
(h) as subsection (g).
(b) Regional Sediment Management.--Section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) is amended--
(1) in subsection (a)(1), by striking ``rehabilitation of
projects'' and inserting ``rehabilitation of projects, including
projects for the beneficial use of dredged materials described
in section 1122 of the Water Resources Development Act of 2016
(33 U.S.C. 2326 note),''; and
(2) in subsection (f), by adding at the end the following:
``(12) Osceola County, Florida.''.
(c) Beneficial Use of Dredged Material.--Section 125(a)(1) of the
Water Resources Development Act of 2020 (33 U.S.C. 2326g) is amended--
(1) by striking ``It is the policy'' and inserting the
following:
``(A) Policy.--It is the policy''; and
(2) by adding at the end the following:
``(B) National goal.--To the greatest extent
practicable, the Secretary shall ensure that not less
than 70 percent by volume (as measured in cubic yards)
of suitable dredged material obtained from the
construction or operation and maintenance of water
resources development projects is used beneficially.''.
(d) <<NOTE: 33 USC 2326 note.>> Maximization of Beneficial Use in
Dredged Material Management Plans.--Each dredged material management
plan for a federally authorized water resources development project, and
each regional sediment plan developed under section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326), including any such
plan under development on the date of enactment of this Act, shall--
[[Page 138 STAT. 3020]]
(1) maximize the beneficial use of suitable dredged
material; and
(2) to the maximum extent practicable, prioritize the use of
such dredged material in water resources development projects in
areas vulnerable to coastal land loss or shoreline erosion.
(e) <<NOTE: 33 USC 2326j.>> Transfer of Suitable Dredged Material.--
(1) In general.--The Secretary is authorized to make
available to a non-Federal interest, at no additional cost,
dredged material that the Secretary has determined is in excess
of the amounts identified as needed for use by the Secretary.
(2) Responsibility.--The non-Federal interest shall be
responsible for all costs to remove and transport such material,
and shall certify that the non-Federal interest is responsible
for any and all liability related to the removal of such
material or the use of such material once it is removed.
SEC. 1131. <<NOTE: 33 USC 2282h.>> ECONOMIC, HYDRAULIC, AND
HYDROLOGIC MODELING.
(a) <<NOTE: Update.>> Model Development.--The Secretary, in
collaboration with other Federal and State agencies, National
Laboratories, and nonprofit research institutions (including
institutions of higher education and centers and laboratories focused on
economics or water resources), shall develop, update, and maintain
economic, hydraulic, and hydrologic models, including models for
compound flooding, for use in the planning, design formulation,
modification, and operation of water resources development projects and
water resources planning.
(b) Coordination and Use of Models and Data.--In carrying out
subsection (a), to the extent practicable, the Secretary shall--
(1) work with the non-Federal interest for a water resources
development project to identify existing relevant economic,
hydraulic, and hydrologic models and data;
(2) utilize, where appropriate, economic, hydraulic, and
hydrologic models and data provided to the Secretary by the
agencies, laboratories, and institutions described in subsection
(a); and
(3) <<NOTE: Deadline.>> upon written request by a non-
Federal interest for a project, provide to the non-Federal
interest draft or working economic, hydraulic, and hydrologic
models, and any data generated by such models with respect to
the project, not later than 30 days after receiving such
request; and
(4) <<NOTE: Public information. Deadline.>> in accordance
with section 2017 of the Water Resources Development Act of 2007
(33 U.S.C. 2342), make final economic, hydraulic, and hydrologic
models, and any data generated by such models, available to the
public, as quickly as practicable, but not later than 30 days
after receiving a written request for such models or data.
(c) Limitation.--Nothing in this section may be construed to compel
or authorize the disclosure of data or other information determined by
the Secretary to be confidential information, privileged information,
law enforcement information, national security information,
infrastructure security information, personal information, or
information the disclosure of which is otherwise prohibited by law.
(d) Model Outputs.--To the extent practicable and appropriate, the
Secretary shall incorporate data generated by models developed under
this section into the formulation of feasibility
[[Page 138 STAT. 3021]]
studies for, and the operation of, water resources development projects.
(e) Funding.--The Secretary is authorized, to the extent and in the
amounts provided in advance in appropriations Acts, to transfer to other
Federal and State agencies, National Laboratories, and nonprofit
research institutions, including institutions of higher education, such
funds as may be necessary to carry out subsection (a) from amounts
available to the Secretary.
(f) In-kind Contribution Credit.--A partnership agreement entered
into under section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) may provide, at the request of the non-Federal interest for
the applicable project, that the Secretary credit toward the non-Federal
share of the cost of the project the value of economic, hydraulic, and
hydrologic models required for the project that are developed by the
non-Federal interest in accordance with any policies and guidelines
applicable to the relevant partnership agreement pursuant to such
section.
(g) Review.--The Secretary shall review economic, hydraulic, and
hydrologic models developed under this section in the same manner as any
such models developed under any other authority of the Secretary.
(h) Definitions.--In this section:
(1) Compound flooding.--The term ``compound flooding'' means
a flooding event in which two or more flood drivers, such as
coastal storm surge-driven flooding and inland rainfall-driven
flooding, occur simultaneously or in close succession and the
potential adverse effects of the combined flood drivers may be
greater than that of the individual flood driver components.
(2) Economic.--The term ``economic'', as used in reference
to models, means relating to the evaluation of benefits and cost
attributable to a project for an economic justification under
section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2).
SEC. 1132. IMPROVEMENTS TO NATIONAL DAM SAFETY PROGRAM.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following:
``(16) Underserved community.--The term `underserved
community' means a community with a population of less than
50,000 that has a median household income of less than 80
percent of the statewide median household income.''.
(b) National Inventory of Dams and Low-Head Dams.--Section 6 of the
National Dam Safety Program Act (33 U.S.C. 467d) is amended to read as
follows:
``SEC. 6. NATIONAL INVENTORY OF DAMS AND LOW-HEAD DAMS.
``(a) <<NOTE: Update.>> In General.--The Secretary of the Army shall
maintain and update information on the inventory of dams and low-head
dams in the United States.
``(b) Dams.--The inventory maintained under subsection (a) shall
include any available information assessing each dam based on
inspections completed by a Federal agency, a State dam safety agency, or
a Tribal government.
[[Page 138 STAT. 3022]]
``(c) Low-Head Dams.--The inventory maintained under subsection (a)
shall include--
``(1) the location, ownership, description, current use,
condition, height, and length of each low-head dam;
``(2) any information on public safety conditions at each
low-head dam; and
``(3) any other relevant information concerning low-head
dams.
``(d) Data.--In carrying out this section, the Secretary shall--
``(1) coordinate with Federal and State agencies, Tribal
governments, and other relevant entities; and
``(2) use data provided to the Secretary by those agencies
and entities.
``(e) <<NOTE: Web posting.>> Public Availability.--The Secretary
shall make the inventory maintained under subsection (a) publicly
available (including on a publicly available website), including--
``(1) public safety information on the dangers of low-head
dams; and
``(2) a directory of financial and technical assistance
resources available to reduce safety hazards and fish passage
barriers at low-head dams.
``(f) 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.
``(g) Low-Head Dam Defined.--In this section, the term `low-head
dam' means a river-wide artificial barrier that generally spans a stream
channel, blocking the waterway and creating a backup of water behind the
barrier, with a drop off over the wall of not less than 6 inches and not
more than 25 feet.''.
(c) Rehabilitation of High Hazard Potential Dams.--Section 8A of the
National Dam Safety Program Act (33 U.S.C. 467f-2) is amended--
(1) in subsection (c)(2), by striking subparagraph (C) and
inserting the following:
``(C) Grant assurance.--As part of a grant agreement
under subparagraph (B), the Administrator shall require
that each eligible subrecipient to which the State
awards a grant under this section provides an assurance
from the dam owner, with respect to the dam to be
rehabilitated, that the dam owner will carry out a plan
for maintenance of the dam during the expected life of
the dam.'';
(2) in subsection (d)(2)(C), by striking ``commit'' and
inserting ``for a project not including removal, obtain a
commitment from the dam owner'';
(3) by striking subsection (e) and inserting the following:
``(e) Floodplain Management Plans.--
``(1) In general.--As a condition of receipt of assistance
under this section, an eligible subrecipient shall demonstrate
that a floodplain management plan to reduce the impacts of
future flood events from a controlled or uncontrolled release
from the dam or management of water levels in the area impacted
by the dam--
``(A) for a removal--
``(i) is in place; and
``(ii) identifies areas that would be impacted
by the removal of the dam and includes a
communication
[[Page 138 STAT. 3023]]
and outreach plan for the project and the impact
of the project on the affected communities; or
``(B) for a project not including removal--
``(i) is in place; or
``(ii) <<NOTE: Deadlines.>> will be--
``(I) developed not later than 2
years after the date of execution of a
project agreement for assistance under
this section; and
``(II) implemented not later than 2
years after the date of completion of
construction of the project.
``(2) Requirement.--In the case of a plan for a removal, the
Administrator may not impose any additional requirements or
conditions other than the requirements in paragraph (1)(A).
``(3) Inclusions.--A plan under paragraph (1)(B) shall
address--
``(A) potential measures, practices, and policies to
reduce loss of life, injuries, damage to property and
facilities, public expenditures, and other adverse
impacts of flooding in the area protected or impacted by
the dam;
``(B) plans for flood fighting and evacuation; and
``(C) public education and awareness of flood risks.
``(4) Plan criteria and technical support.--The
Administrator, in consultation with the Board, shall provide
criteria, and may provide technical support, for the development
and implementation of floodplain management plans prepared under
this subsection.'';
(4) in subsection (g)(1)--
(A) in subparagraph (A), by striking ``Any'' and
inserting ``Except as provided in subparagraph (C),
any''; and
(B) by adding at the end the following:
``(C) Underserved communities.--Subparagraph (A)
shall not apply to a project carried out by or for the
benefit of an underserved community.''.
(d) Authorization of Appropriations.--Section 14 of the National Dam
Safety Program Act (33 U.S.C. 467j) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2023'' and
inserting ``2028''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
low-head dams'' after ``inventory of dams'' each
place it appears; and
(ii) by amending subparagraph (B) to read as
follows:
``(B) Maximum amount of allocation.--The amount of
funds allocated to a State under this paragraph for a
fiscal year may not exceed the amount that is equal to 4
times the amount of funds committed by the State to
implement dam safety activities for that fiscal year.'';
(2) in subsection (b)--
(A) by striking the subsection heading and inserting
``National Inventory of Dams and Low-Head Dams''; and
(B) by striking ``2023'' and inserting ``2028'';
[[Page 138 STAT. 3024]]
(3) in subsection (c), by striking ``2023'' and inserting
``2028'';
(4) in subsection (d), by striking ``2023'' and inserting
``2028'';
(5) in subsection (e), by striking ``2023'' and inserting
``2028''; and
(6) in subsection (f), by striking ``2023'' and inserting
``2028''.
(e) <<NOTE: Repeal.>> Conforming Amendment.--Section 15 of the
National Dam Safety Program Act (33 U.S.C. 467o) is repealed.
SEC. 1133. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) <<NOTE: Definition.>> Indian tribe.--The term
`Indian Tribe' means--
``(i) an Indian Tribe, as such term is defined
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); and
``(ii) any entity formed under the authority
of one or more Indian Tribes, as so defined.'';
(2) in paragraph (2)--
(A) by inserting ``Indian Tribe,'' after ``public-
utility company,'' each place it appears; and
(B) in subparagraph (A), by inserting ``, including
an aquatic ecosystem restoration project'' before the
period at the end; and
(3) by striking paragraph (4).
SEC. 1134. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Section 128 of the Water Resources Development Act of 2020 (33
U.S.C. 610 note) is amended--
(1) in subsection (a), by inserting ``or affecting water
bodies of regional, national, or international importance in the
United States or its territories'' after ``projects'';
(2) in subsection (b)(1), by striking ``and State agencies''
and inserting ``, State, and local agencies, institutions of
higher education, and private organizations, including nonprofit
organizations'';
(3) in subsection (c)--
(A) in paragraph (6), by inserting ``Watershed''
after ``Okeechobee'';
(B) in paragraph (13), by striking ``and'' at the
end;
(C) in paragraph (14), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(15) Lake Elsinore, California; and
``(16) Willamette River, Oregon.'';
(4) in subsection (e), by striking ``$25,000,000'' and
inserting ``$35,000,000''; and
(5) by adding at the end the following:
``(f) Priority.--In carrying out the demonstration program under
subsection (a), the Secretary shall, to the maximum extent possible,
prioritize carrying out program activities that--
``(1) reduce nutrient pollution;
``(2) utilize natural and nature-based approaches, including
oysters;
``(3) protect, enhance, or restore wetlands or flood plains,
including river and streambank stabilization;
[[Page 138 STAT. 3025]]
``(4) develop technologies for remote sensing, monitoring,
or early detection of harmful algal blooms, or other emerging
technologies; and
``(5) combine removal of harmful algal blooms with a
beneficial use, including conversion of retrieved algae biomass
into biofuel, fertilizer, or other products.
``(g) Agreements.--In carrying out the demonstration program under
subsection (a), the Secretary may enter into agreements with a non-
Federal entity for the use or sale of successful technologies developed
under this section.''.
SEC. 1135. CORROSION PREVENTION.
Section 1033(c) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2350(c)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) the carrying out of an activity described in paragraph
(1) or (2) through a program in corrosion prevention that is--
``(A) offered or accredited by an organization that
sets industry standards for corrosion mitigation and
prevention; or
``(B) an industrial coatings applicator program that
is--
``(i) an employment and training activity (as
defined in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102)); or
``(ii) registered under the Act of August 16,
1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.); and''.
SEC. 1136. FEDERAL BREAKWATERS AND JETTIES.
Section 8101 of the Water Resources Development Act of 2022 (33
U.S.C. 2351b) is amended--
(1) by inserting ``, pile dike,'' after ``jetty'' each place
it appears; and
(2) in subsection (b)(2)--
(A) by striking ``if'' and all that follows through
``the Secretary'' and inserting ``if the Secretary'';
(B) by striking ``breakwater; and'' and inserting
``breakwater and--''
(C) by redesignating subparagraph (B) as
subparagraph (A);
(D) in subparagraph (A) (as so redesignated), by
striking the period at the end and inserting ``; or'';
and
(E) by adding at the end the following:
``(B) the pile dike has disconnected from an
authorized navigation project as a result of a lack of
such regular and routine Federal maintenance
activity.''.
SEC. 1137. ELIGIBILITY FOR INTER-TRIBAL CONSORTIUMS.
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by inserting ``and an inter-tribal consortium (as
defined in section 403 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3202))'' after ``5304))''.
[[Page 138 STAT. 3026]]
SEC. 1138. SHORELINE AND RIVERINE PROTECTION AND RESTORATION.
Section 212(e)(2) of the Water Resources Development Act of 1999 (33
U.S.C. 2332(e)(2)) is amended by adding at the end the following:
``(L) Shoreline of the State of Connecticut.
``(M) Winooski River tributary watershed,
Vermont.''.
SEC. 1139. ABILITY TO PAY.
(a) In General.--Section 103(m) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) <<NOTE: Determination.>> Criteria.--The Secretary
shall determine the ability of a non-Federal interest to pay
under this subsection by considering--
``(A) per capita income data for the county or
counties in which the project is to be located;
``(B) the per capita non-Federal cost of
construction of the project for the county or counties
in which the project is to be located;
``(C) the financial capabilities of the non-Federal
interest for the project;
``(D) the extent to which the non-Federal interest
is an economically disadvantaged community (as defined
pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)); and
``(E) any additional criteria relating to the non-
Federal interest's financial ability to carry out its
cost-sharing responsibilities determined appropriate by
the Secretary.
``(3) Procedures.--For purposes of carrying out paragraph
(2), the Secretary shall develop procedures--
``(A) to allow a non-Federal interest to identify
the amount such non-Federal interest would likely be
able to pay; and
``(B) for a non-Federal interest to submit a request
to the Secretary to reduce the required non-Federal
share.''; and
(2) by adding at the end the following:
``(5) Exception.--This subsection shall not apply to project
costs greater than the national economic development plan.
``(6) Report.--
``(A) <<NOTE: Time period.>> In general.--Not less
frequently than annually, 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 all determinations of the Secretary under
this subsection regarding the ability of a non-Federal
interest to pay.
``(B) Contents.--The Secretary shall include in each
report required under subparagraph (A) a description,
for the applicable year, of--
``(i) requests by a non-Federal interest to
reduce the non-Federal share required in a cost-
sharing agreement, including--
[[Page 138 STAT. 3027]]
``(I) the name of the non-Federal
interest that submitted to the Secretary
a request for a determination under this
subsection; and
``(II) the name and location of the
project;
``(ii) the determination of the Secretary with
respect to each such request;
``(iii) the basis for each such determination;
and
``(iv) the adjusted share of the costs of the
project of the non-Federal interest, if
applicable.
``(C) <<NOTE: Determination.>> Inclusion in chief's
report.--The Secretary may include a determination to
reduce the non-Federal share required in a cost-sharing
agreement for construction of a project in the report of
the Chief of Engineers for the project.''.
(b) <<NOTE: Deadline. 33 USC 2213 note.>> Update to Guidance.--Not
later than 1 year after the date of enactment of this Act, the Secretary
shall update any agency guidance or regulation relating to the ability
of a non-Federal interest to pay as necessary to reflect the amendments
made by this section.
(c) <<NOTE: Determination. State listing.>> Priority Projects.--The
Secretary shall make a determination under section 103(m) of the Water
Resources Development Act of 1986, as amended by this section, of the
ability to pay of the non-Federal interest for the following projects:
(1) Any authorized water resources development project for
which the Secretary waives the cost-sharing requirement under
section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310).
(2) Any authorized watercraft inspection and decontamination
station established, operated, or maintained pursuant to section
104(d) of the River and Harbor Act of 1958 (33 U.S.C. 610(d)).
(3) The Chattahoochee River Program, authorized by section
8144 of the Water Resources Development Act of 2022 (136 Stat.
3724).
(4) The project for navigation, Craig Harbor, Alaska,
authorized by section 1401(1) of the Water Resources Development
Act of 2016 (130 Stat. 1709).
(5) The project for flood risk management, Westminster, East
Garden Grove, California Flood Risk Management, authorized by
section 401(2) of the Water Resources Development Act of 2020
(134 Stat. 2735).
(6) Modifications to the L-29 levee component of the Central
and Southern Florida project, authorized by section 203 of the
Flood Control Act of 1948 (62 Stat. 1176), in the vicinity of
the Tigertail camp.
(7) Any authorized water resources development projects in
Guam.
(8) The project for flood risk management, Ala Wai Canal,
Hawaii, authorized by section 1401(2) of the Water Resources
Development Act of 2018 (132 Stat. 3837).
(9) The project for flood control Kentucky River and its
tributaries, Kentucky, authorized by section 6 of the Act of
August 11, 1939 (chapter 699, 53 Stat. 1416).
(10) The project for flood risk management on the Kentucky
River and its tributaries and watersheds in Breathitt, Clay,
Estill, Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe
[[Page 138 STAT. 3028]]
Counties, Kentucky, authorized by section 8201(a)(31) of the
Water Resources Development Act of 2022 (136 Stat. 3746).
(11) The project for flood control, Williamsport,
Pennsylvania, authorized by section 5 of the Act of June 22,
1936 (chapter 688, 49 Stat. 1573).
(12) The project for ecosystem restoration, Resacas, in the
vicinity of the City of Brownsville, Texas, authorized by
section 1401(5) of the Water Resources Development Act of 2018
(132 Stat. 3839).
(13) Construction of any critical restoration project in the
Lake Champlain watershed, Vermont and New York, authorized by
section 542 of the Water Resources Development Act of 2000 (114
Stat. 2671; 121 Stat. 1150; 134 Stat. 2680; 136 Stat. 3822).
(14) <<NOTE: Virgin Islands.>> Any authorized flood control
and storm damage reduction project in the United States Virgin
Islands that was impacted by Hurricanes Irma and Maria.
(15) Construction of dredged material stabilization and
retaining structures related to the project for navigation,
Lower Willamette and Columbia Rivers, from Portland, Oregon, to
the sea, authorized by the first section of the Act of June 18,
1878 (chapter 267, 20 Stat. 157, chapter 264).
(16) Any water-related environmental infrastructure project
authorized by section 219 of the Water Resources Development Act
of 1992 (Public Law 102-580).
SEC. 1140. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Definition of Indian Tribe'' and inserting
``Definitions'';
(B) <<NOTE: Definitions.>> by striking ``In this
section, the term'' and inserting ``In this section:
``(1) Indian tribe.--The terms `Indian tribe' and `Indian
Tribe' have the meanings given the terms''; and
(C) by adding at the end the following:
``(2) Inter-tribal consortium.--The term `inter-tribal
consortium' has the meaning given the term in section 403 of the
Indian Child Protection and Family Violence Prevention Act (25
U.S.C. 3202).
``(3) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by inserting ``, inter-tribal consortiums, Tribal
organizations,'' after ``Indian tribes''; and
(ii) in subparagraph (A), by inserting ``,
inter-tribal consortiums, or Tribal
organizations'' after ``Indian tribes'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Authorized activities.--An activity conducted under
paragraph (1) may address--
[[Page 138 STAT. 3029]]
``(A) projects for flood or hurricane and storm
damage reduction, including erosion control and
stormwater management (including management of
stormwater that flows at a rate of less than 800 cubic
feet per second for the 10-percent flood), environmental
restoration and protection, and preservation of cultural
and natural resources;
``(B) watershed assessments and planning activities;
``(C) technical assistance to an Indian Tribe, an
inter-tribal consortium, or a Tribal organization,
including--
``(i) assistance for planning to ameliorate
flood hazards, to avoid repetitive flood impacts,
to anticipate, prepare, and adapt to changing
hydrological and climatic conditions and extreme
weather events, and to withstand, respond to, and
recover rapidly from disruption due to flood
hazards; and
``(ii) the provision of, and integration into
planning of, hydrologic, economic, and
environmental data and analyses;
``(D) projects that improve emergency response
capabilities and provide increased access to
infrastructure that may be utilized in the event of a
severe weather event or other natural disaster; and
``(E) such other projects as the Secretary, in
cooperation with Indian Tribes, inter-tribal
consortiums, Tribal organizations, and the heads of
other Federal agencies, determines to be appropriate.'';
(C) in paragraph (3)(A)--
(i) by inserting ``, an inter-tribal
consortium, or a Tribal organization'' after ``an
Indian tribe''; and
(ii) by inserting ``, inter-tribal consortium,
or Tribal organization'' after ``the Indian
tribe''; and
(D) in paragraph (4), by striking ``$26,000,000''
each place it appears and inserting ``$28,500,000'';
(3) in subsection (d), by adding at the end the following:
``(7) <<NOTE: Determinations.>> Congressional
notification.--
``(A) <<NOTE: Deadline.>> In general.--The Secretary
shall annually submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives written notification of determinations
made by the Secretary of the ability of non-Federal
interests to pay under this subsection.
``(B) Contents.--In preparing the written
notification under subparagraph (A), the Secretary shall
include, for each determination made by the Secretary--
``(i) the name of the non-Federal interest
that submitted to the Secretary a request for a
determination under paragraph (1)(B);
``(ii) the name and location of the project;
and
``(iii) the determination made by the
Secretary and the reasons for the determination,
including the adjusted share of the costs of the
project of the non-Federal interest, if
applicable.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Pilot Program.--
[[Page 138 STAT. 3030]]
``(1) In general.--The Secretary shall establish a pilot
program to carry out water-related planning activities or
activities relating to the study, design, and construction of
water resources development projects that otherwise meet the
requirements of this section.
``(2) <<NOTE: Washington.>> Project selection.--The
Secretary shall carry out not more than 7 activities or projects
under the pilot program described in paragraph (1), of which--
``(A) one is located along the Mid-Columbia River,
Washington, Tancum Creek, Washington, or Similk Bay,
Washington;
``(B) <<NOTE: South Dakota.>> one is located at Big
Bend, Lake Oahe, Fort Randall, or Gavins Point
reservoirs, South Dakota; and
``(C) notwithstanding the limitations described in
subsection (b)(1)(B), 5 are in proximity to a river
system or other aquatic habitat within the State of
Washington with respect to which an Indian Tribe, an
inter-tribal consortium, or a Tribal organization has
Tribal treaty rights.
``(3) <<NOTE: Time period.>> Report to congress.--Not later
than 3 years after the date of enactment of this section, and
annually thereafter, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes activities or
projects carried out under the pilot program.
``(4) Savings clause.--Nothing in this subsection
authorizes--
``(A) a project for the removal of a dam that
otherwise is a project described in paragraph (2);
``(B) the study of the removal of a dam; or
``(C) the study of any Federal dam, including the
study of power, flood control, or navigation
replacement, or the implementation of any functional
alteration to that dam, that is located along a body of
water described in paragraph (2).''.
SEC. 1141. <<NOTE: 33 USC 2269 note.>> TRIBAL PROJECT
IMPLEMENTATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' means a
project or activity eligible to be carried out under the Tribal
partnership program under section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269).
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(b) <<NOTE: Deadline.>> Authorization.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall establish
and implement a pilot program under which Indian Tribes may directly
carry out eligible projects.
(c) Purposes.--The purposes of the pilot program under this section
are--
(1) <<NOTE: Contracts.>> to authorize Tribal contracting to
advance Tribal self-determination and provide economic
opportunities for Indian Tribes; and
(2) <<NOTE: Evaluation.>> to evaluate the technical,
financial, and organizational efficiencies of Indian Tribes
carrying out the design, execution, management, and construction
of 1 or more eligible projects.
[[Page 138 STAT. 3031]]
(d) Administration.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall--
(A) identify a total of not more than 5 eligible
projects that have been authorized for construction;
(B) <<NOTE: Notification.>> notify the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on the identification of each
eligible project under the pilot program under this
section;
(C) <<NOTE: Plan.>> in collaboration with the Indian
Tribe, develop a detailed project management plan for
each identified eligible project that outlines the
scope, budget, design, and construction resource
requirements necessary for the Indian Tribe to execute
the project or a separable element of the eligible
project;
(D) on the request of the Indian Tribe and in
accordance with subsection (f)(2), enter into a project
partnership agreement with the Indian Tribe for the
Indian Tribe to provide full project management control
for construction of the eligible project, or a separable
element of the eligible project, in accordance with
plans approved by the Secretary;
(E) following execution of the project partnership
agreement, transfer to the Indian Tribe to carry out
construction of the eligible project, or a separable
element of the eligible project--
(i) if applicable, the balance of the
unobligated amounts appropriated for the eligible
project, except that the Secretary shall retain
sufficient amounts for the Corps of Engineers to
carry out any responsibilities of the Corps of
Engineers relating to the eligible project and the
pilot program under this section; and
(ii) <<NOTE: Determination.>> additional
amounts, as determined by the Secretary, from
amounts made available to carry out this section,
except that the total amount transferred to the
Indian Tribe shall not exceed the updated estimate
of the Federal share of the cost of construction,
including any required design; and
(F) <<NOTE: Audit. Compliance.>> regularly monitor
and audit each eligible project being constructed by an
Indian Tribe under this section to ensure that the
construction activities are carried out in compliance
with the plans approved by the Secretary and that the
construction costs are reasonable.
(2) <<NOTE: Deadlines.>> Detailed project schedule.--Not
later than 180 days after entering into an agreement under
paragraph (1)(D), each Indian Tribe, to the maximum extent
practicable, shall submit to the Secretary a detailed project
schedule, based on estimated funding levels, that lists all
deadlines for each milestone in the construction of the eligible
project.
(3) <<NOTE: Contracts. Compensation.>> Technical
assistance.--On the request of an Indian Tribe, the Secretary
may provide technical assistance to the Indian Tribe, if the
Indian Tribe contracts with and compensates the Secretary for
the technical assistance relating to--
(A) any study, engineering activity, and design
activity for construction carried out by the Indian
Tribe under this section; and
[[Page 138 STAT. 3032]]
(B) expeditiously obtaining any permits necessary
for the eligible project.
(e) Cost Share.--Nothing in this section affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to an eligible project carried out under this section.
(f) Implementation Guidance.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
issue guidance for the implementation of the pilot program under
this section that, to the extent practicable, identifies--
(A) the metrics for measuring the success of the
pilot program;
(B) a process for identifying future eligible
projects to participate in the pilot program;
(C) measures to address the risks of an Indian Tribe
constructing eligible projects under the pilot program,
including which entity bears the risk for eligible
projects that fail to meet Corps of Engineers standards
for design or quality;
(D) the laws and regulations that an Indian Tribe
must follow in carrying out an eligible project under
the pilot program; and
(E) which entity bears the risk in the event that an
eligible project carried out under the pilot program
fails to be carried out in accordance with the project
authorization or this section.
(2) New project partnership agreements.--The Secretary may
not enter into a project partnership agreement under this
section until the date on which the Secretary issues the
guidance under paragraph (1).
(g) Report.--
(1) <<NOTE: Public information.>> In general.--Not later
than 3 years after the date of enactment of this Act, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives and make
publicly available a report detailing the results of the pilot
program under this section, including--
(A) a description of the progress of Indian Tribes
in meeting milestones in detailed project schedules
developed pursuant to subsection (d)(2); and
(B) <<NOTE: Recommenda- tions.>> any recommendations
of the Secretary concerning whether the pilot program or
any component of the pilot program should be implemented
on a national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update to the report under paragraph (1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this subsection,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
[[Page 138 STAT. 3033]]
(h) <<NOTE: Applicability.>> Administration.--All laws and
regulations that would apply to the Secretary if the Secretary were
carrying out the eligible project shall apply to an Indian Tribe
carrying out an eligible project under this section.
(i) Termination of Authority.--The authority to commence an eligible
project under this section terminates on December 31, 2029.
(j) <<NOTE: Time periods.>> Authorization of Appropriations.--In
addition to any amounts appropriated for a specific eligible project,
there is authorized to be appropriated to the Secretary to carry out
this section, including the costs of administration of the Secretary,
$15,000,000 for each of fiscal years 2024 through 2029.
SEC. 1142. FEDERAL INTEREST DETERMINATIONS.
Section 905(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) <<NOTE: Work plan.>> Identification.--As part
of the submission of a work plan to Congress pursuant to
the joint explanatory statement for an annual
appropriations Act or as part of the submission of a
spend plan to Congress for a supplemental appropriations
Act under which the Corps of Engineers receives funding,
the Secretary shall identify the studies in the plan--
``(i) <<NOTE: Reports.>> for which the
Secretary plans to prepare a feasibility report
under subsection (a) that will benefit--
``(I) an economically disadvantaged
community (as defined by the Secretary
under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201
note)); or
``(II) a community other than a
community described in subclause (I);
and
``(ii) that are designated as a new start
under the work plan.
``(B) Determination.--
``(i) In general.--After identifying the
studies under subparagraph (A) and subject to
subparagraph (C), the Secretary shall, with the
consent of the applicable non-Federal interest for
the study, first determine the Federal interest in
carrying out the study and the projects that may
be proposed in the study.
``(ii) Feasibility cost share agreement.--The
Secretary may make a determination under clause
(i) prior to the execution of a feasibility cost
share agreement between the Secretary and the non-
Federal interest.
``(C) <<NOTE: Time period.>> Limitation.--For each
fiscal year, the Secretary may not make a determination
under subparagraph (B) for more than 20 studies
identified under subparagraph (A)(i)(II).
``(D) Application.--
``(i) <<NOTE: Study.>> In general.--Subject to
clause (ii) and with the consent of the non-
Federal interest, the Secretary may use the
authority provided under this subsection
[[Page 138 STAT. 3034]]
for a study in a work plan submitted to Congress
prior to the date of enactment of this paragraph
if the study otherwise meets the requirements
described in subparagraph (A).
``(ii) <<NOTE: Applicability.>> Limitation.--
Subparagraph (C) shall apply to the use of
authority under clause (i).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) by striking ``$200,000'' and inserting
``$300,000''; and
(ii) by striking the period and inserting ``;
and''; and
(C) by adding at the end the following:
``(C) shall be paid from the funding provided for
the study in the applicable work plan described in that
paragraph.'';
(3) by striking paragraph (4) and inserting the following:
``(4) Treatment.--The cost of a determination under
paragraph (1) shall not be included for purposes of the maximum
total cost under section 1001(a)(2) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).'';
and
(4) by adding at the end the following:
``(6) <<NOTE: Continuation.>> Post-determination work.--A
study under this section shall continue after a determination
under paragraph (1)(B)(i) without a new investment decision.''.
SEC. 1143. <<NOTE: State listing.>> WATERSHED AND RIVER BASIN
ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a) is amended--
(1) in subsection (d)--
(A) in paragraph (12), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (13), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(14) the Walla Walla River Basin;
``(15) the San Francisco Bay Basin;
``(16) Connecticut River Watershed, Connecticut,
Massachusetts, New Hampshire, and Vermont;
``(17) Lower Rouge River Watershed, Michigan; and
``(18) Grand River Watershed, Michigan.''; and
(2) by adding at the end the following:
``(g) Feasibility Report on Project Specific Recommendations From
Assessments.--
``(1) In general.--At the request of a non-Federal interest
for an assessment completed under this section, the Secretary is
authorized to prepare a feasibility report, in accordance with
the requirements of section 905, recommending the construction
or modification of a water resources development project to
address a water resources need of a river basin or watershed of
the United States identified in the assessment.
``(2) Priority watersheds.--In carrying out this subsection,
the Secretary shall give priority to--
``(A) the watersheds of the island of Maui, Hawaii,
including the Wahikuli, Honokowai, Kahana, Honokahua,
[[Page 138 STAT. 3035]]
and Honolua watersheds, including the coral reef habitat
north of Lahaina off the northwestern coast of the
island of Maui; and
``(B) <<NOTE: Territories.>> the watersheds of the
Northern Mariana Islands, American Samoa, and Guam.''.
SEC. 1144. CONTROL OF AQUATIC PLANT GROWTHS AND INVASIVE SPECIES.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in subsection (e)(3), by inserting ``, and monitoring
and contingency planning for,'' after ``early detection of'';
and
(2) in subsection (g)(2)(A), by inserting ``the Connecticut
River Basin,'' after ``the Ohio River Basin,''.
SEC. 1145. <<NOTE: 33 USC 598c.>> EASEMENTS FOR HURRICANE AND
STORM DAMAGE REDUCTION PROJECTS.
(a) <<NOTE: Certification.>> In General.--With respect to a project
for hurricane and storm damage reduction for which the Secretary is
requiring a perpetual easement, the Secretary shall, upon request by the
non-Federal interest for the project, certify real estate availability
and proceed to construction of such project with a nonperpetual easement
if--
(1) <<NOTE: Compliance.>> such certification and
construction are in compliance with the terms of the report of
the Chief of Engineers for the project and the applicable
project partnership agreement; and
(2) <<NOTE: Notification.>> the Secretary provides the non-
Federal interest with formal notice that, in the event in which
the nonperpetual easement expires and is not extended, the
Secretary will be unable to--
(A) fulfill the Federal responsibility with respect
to the project or carry out any required nourishment of
the project under the existing project authorization;
(B) carry out repair and rehabilitation of the
project under section 5 of the Act of August 18, 1941
(33 U.S.C. 701n); and
(C) provide any other relevant Federal assistance
with respect to the project.
(b) <<NOTE: Reports.>> Disclosure.--For any project for hurricane
storm damage risk reduction, or a proposal to modify such a project,
that is authorized after the date of enactment of this Act for which a
perpetual easement is required for Federal participation in the project,
the Secretary shall include in the report of the Chief of Engineers for
the project a disclosure of such requirement.
(c) Management.--To the maximum extent practicable, the Secretary
shall, at the request of the non-Federal interest for a project for
hurricane storm damage risk reduction, identify and accept the minimum
real estate interests necessary to carry out the project, in accordance
with section 1104.
(d) Hurricane and Storm Damage Reduction Project Implementation.--
(1) <<NOTE: Time period.>> In general.--During the 2-year
period beginning on the date of enactment of this Act,
notwithstanding any requirement of the Secretary for a covered
project to comply with the memorandum of the Corps of Engineers
entitled ``Standard Estates - Perpetual Beach Nourishment and
Perpetual Restrictive Dune Easement'' and dated August 4, 1995,
the Secretary
[[Page 138 STAT. 3036]]
shall carry out each covered project in a manner consistent with
the previously completed initial construction and periodic
nourishments of the project, including repair and restoration
work on the project under section 5(a) of the Act of August 18,
1941 (33 U.S.C. 701n(a)).
(2) <<NOTE: State listing.>> Covered project defined.--In
this subsection, the term ``covered project'' means an
authorized project for hurricane and storm damage reduction in
any one of the following locations:
(A) Brevard County, Canaveral Harbor, Florida - Mid
Reach.
(B) Brevard County, Canaveral Harbor, Florida -
North Reach.
(C) Brevard County, Canaveral Harbor, Florida -
South Reach.
(D) Broward County, Florida - Segment II.
(E) Broward County, Florida - Segment III.
(F) Dade County, Florida - Main Segment.
(G) Dade County, Florida - Sunny Isles Segment.
(H) Duval County, Florida.
(I) Fort Pierce Beach, Florida.
(J) Lee County, Florida - Captiva.
(K) Lee County, Florida - Gasparilla.
(L) Manatee County, Florida.
(M) Martin County, Florida.
(N) Nassau County, Florida.
(O) Palm Beach County, Florida - Jupiter/Carlin
Segment.
(P) Palm Beach County, Florida - Delray Segment.
(Q) Palm Beach County, Florida - Mid Town.
(R) Palm Beach County, Florida - North Boca.
(S) Palm Beach County, Florida - Ocean Ridge.
(T) Panama City Beaches, Florida.
(U) Pinellas County, Florida - Long Key.
(V) Pinellas County, Florida - Sand Key Segment.
(W) Pinellas County, Florida -Treasure Island.
(X) Sarasota, Lido Key, Florida.
(Y) Sarasota County, Florida - Venice Beach.
(Z) St. Johns County, Florida - St. Augustine Beach.
(AA) St. Johns County, Florida - Vilano Segment.
(BB) St. Lucie County, Florida - Hutchinson Island.
(3) Sense of congress.--It is the sense of Congress that,
for the purpose of constructing and maintaining a project for
hurricane and storm damage risk reduction, the minimum estate
necessary for easements may not exceed the life of the project
nor be less than 50 years.
(e) Savings Clause.--Nothing in this section may be construed to
affect the requirements of section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)).
SEC. 1146. SYSTEMWIDE IMPROVEMENT FRAMEWORK AND ENCROACHMENTS.
(a) In General.--Section 5(c) of the Act of August 18, 1941 (33
U.S.C. 701n(c)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Systemwide improvement plan.--
[[Page 138 STAT. 3037]]
``(A) In general.--Notwithstanding the status of
compliance of a non-Federal interest with the
requirements of a levee owner's manual described in
paragraph (1), or any other eligibility requirement
established by the Secretary related to the maintenance
and upkeep responsibilities of the non-Federal interest,
the Secretary shall consider the non-Federal interest to
be eligible for repair and rehabilitation assistance
under this section if--
``(i) in coordination with the Secretary, the
non-Federal interest develops a systemwide
improvement plan, prior to the natural disaster,
that--
``(I) identifies any items of
deferred or inadequate maintenance and
upkeep, including any such items
identified by the Secretary or through
periodic inspection of the flood control
work;
``(II) identifies any additional
measures, including repair and
rehabilitation work, that the Secretary
determines necessary to ensure that the
flood control work performs as designed
and intended;
``(III) includes specific timelines
for addressing such items and measures;
``(IV) requires the non-Federal
interest to be responsible for the cost
of addressing the items and measures
identified under subclauses (I) and
(II); and
``(ii) <<NOTE: Determinations.>> the
Secretary--
``(I) determines that the systemwide
improvement plan meets the requirements
of clause (i) and the Secretary, acting
through the District Commander, approves
such plan; and
``(II) determines that the non-
Federal interest makes satisfactory
progress in meeting the timelines
described in subclause (III) of that
clause.
``(B) Grandfathered encroachments.--At the request
of the non-Federal interest, the Secretary--
``(i) <<NOTE: Review.>> shall review
documentation developed by the non-Federal
interest showing a covered encroachment does not
negatively impact the integrity of the flood
control work;
``(ii) <<NOTE: Determination.>> shall make a
written determination with respect to whether
removal or modification of such covered
encroachment is necessary to ensure the
encroachment does not negatively impact the
integrity of the flood control work; and
``(iii) may not determine that a covered
encroachment is a deficiency requiring corrective
action unless such action is necessary to ensure
the encroachment does not negatively impact the
integrity of the flood control work.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following:
[[Page 138 STAT. 3038]]
``(A) Covered encroachment.--The term `covered
encroachment' means a permanent nonproject structure
that--
``(i) is located inside the boundaries of a
flood control work;
``(ii) is depicted on construction drawings or
operation and maintenance plans for the flood
control work that are signed by an engineer of
record; and
``(iii) is determined by the Secretary to be
an encroachment of such flood control work.''.
(b) Conforming Amendment.--
(1) <<NOTE: Repeal.>> In general.--Section 3011 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 701n
note) is repealed.
(2) Clerical amendment.--The table of contents contained in
section 1(b) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1194) is amended by striking the item
relating to section 3011.
(c) <<NOTE: 33 USC 701n note.>> Transition.--The amendments made by
this section shall have no effect on any written agreement signed by the
Secretary and a non-Federal interest pursuant to paragraph (2) of
section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)) (as in
effect on the day before the date of enactment of this Act), if the non-
Federal interest otherwise continues to meet the requirements of that
paragraph (as so in effect).
(d) <<NOTE: 33 USC 701n note.>> Participation in Preparedness
Exercises.--The Secretary may not condition the eligibility of a non-
Federal interest for rehabilitation assistance under section 5 of the
Act of August 18, 1941(33 U.S.C. 701n), on the participation of the non-
Federal interest in disaster preparedness exercises that are unrelated
to necessary repairs, rehabilitation, maintenance, and upkeep of a flood
control work.
SEC. 1147. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a), by striking paragraphs (1) through
(3) and inserting the following:
``(1) <<NOTE: Hawaii. Alaska. Territories.>> the project
would be located in the State of Hawaii or Alaska, the
Commonwealth of Puerto Rico, Guam, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, or
American Samoa; and
``(2)(A) <<NOTE: Determination.>> over 80 percent of the
goods transported through the harbor would be consumed within
the United States, as determined by the Secretary, including
consideration of information provided by the non-Federal
interest; or
``(B) the long-term viability of the community in which the
project is located, or the long-term viability of a community
that is located in the region that is served by the project and
that will rely on the project, would be threatened without the
harbor and navigation improvement.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``benefits of the project to'' and inserting
``benefits of the project to any of''; and
(B) in paragraph (4), by striking ``; and'' and
inserting ``; or''.
[[Page 138 STAT. 3039]]
SEC. 1148. TREATMENT OF PROJECTS IN COVERED COMMUNITIES.
(a) <<NOTE: Studies.>> In General.--In carrying out feasibility
studies for projects that serve a covered community, the Secretary shall
select 10 such studies and include in those studies the calculation of
an alternative benefit-cost ratio for the project in order to equitably
compare such project to projects carried out in the contiguous States of
the United States and the District of Columbia.
(b) Evaluation.--In carrying out this section, the Secretary shall--
(1) compute the benefit-cost ratio for the project in
accordance with current law and guidance;
(2) if different from the ratio described in paragraph (1),
compute an alternative benefit-cost ratio by adjusting the
construction costs for the project to reflect what construction
costs would be if the project were carried out in a comparable
community in the contiguous States that is nearest to the
community in which the project will be carried out;
(3) include in the documentation associated with the
feasibility study for the project the ratios calculated under
paragraph (1) and paragraph (2); and
(4) compare the alternative benefit-cost ratio calculated
under paragraph (2) to the standard benefit-cost ratios
calculated for each project alternative.
(c) Notification.--
(1) In general.--If the tentatively selected plan for a
project yields a benefit-cost ratio less than unity for the
project and results in the discontinuation of the project, the
Secretary shall provide written notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(2) Inclusion.--In any written notice provided under
paragraph (1), the Secretary shall include for the project a
comparison of the benefit-cost ratios described in subsection
(b)(4).
(d) <<NOTE: Summary.>> Report.--After carrying out subsection (a),
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that summarizes for
each project the comparisons of the benefit-cost ratios described in
subsection (b)(4).
(e) Covered Community Defined.--In this section, the term ``covered
community'' means a community located in the State of Hawaii, the State
of Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of
the Northern Mariana Islands, the United States Virgin Islands, or
American Samoa.
SEC. 1149. <<NOTE: 33 USC 2321 note.>> REMOTE OPERATIONS AT CORPS
DAMS.
<<NOTE: Time period. Notification.>> During the 6-year period
beginning on the date of enactment of this Act, with respect to a water
resources development project owned, operated, or managed by the Corps
of Engineers, the Secretary is authorized to use remote operation
activities at a navigation or hydroelectric power generating facility at
such project as a replacement for activities performed, as of the date
of enactment of this Act, by personnel under the direction of the
Secretary at such project, only after the Secretary provides written
notice to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate that--
[[Page 138 STAT. 3040]]
(1) use of the remote operation activities--
(A) does not affect activities described in section
314 of the Water Resources Development Act of 1990 (33
U.S.C. 2321);
(B) will address any cyber and physical security
risks to such project in accordance with applicable
Federal law and agency guidance; and
(C) is necessary to increase the availability and
capacity, as applicable, of such project, including a
project on a lower use waterway; and
(2) the remote operation activities were developed under a
public process that included engagement with such personnel and
other stakeholders who may be affected by the use of such
activities.
SEC. 1150. REPORTING AND OVERSIGHT.
(a) Initial Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations of
the Senate a report detailing the status of the reports
described in paragraph (2).
(2) Reports described.--The reports described in this
paragraph are the following:
(A) The comprehensive backlog and operation and
maintenance report required under section 1001(b)(2) of
the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)).
(B) The report on managed aquifer recharge required
under section 8108(d) of the Water Resources Development
Act of 2022 (33 U.S.C. 2357(d)).
(C) The plan on beneficial use of dredged material
required under section 8130(a) of the Water Resources
Development Act of 2022 (136 Stat. 3717).
(D) The updated report on Corps of Engineers
Reservoirs required under section 8153 of the Water
Resources Development Act of 2022 (136 Stat. 3734).
(E) The report on dredge capacity required under
section 8205 of the Water Resources Development Act of
2022 (136 Stat. 3754).
(F) The report on the assessment of the consequences
of changing operation and maintenance responsibilities
required under section 8206 of the Water Resources
Development Act of 2022 (136 Stat. 3756).
(G) The report on the western infrastructure study
required under section 8208 of the Water Resources
Development Act of 2022 (136 Stat. 3756).
(H) The report on excess lands for Whittier Narrows
Dam, California, required under section 8213 of the
Water Resources Development Act of 2022 (136 Stat.
3758).
(I) The report on recreational boating in the Great
Lakes basin required under section 8218 of the Water
Resources Development Act of 2022 (136 Stat. 3761).
(J) The report on the disposition study on
hydropower in the Willamette Valley, Oregon, required
under section
[[Page 138 STAT. 3041]]
8220 of the Water Resources Development Act of 2022 (136
Stat 3762).
(K) The report on corrosion prevention activities
required under section 8234 of the Water Resources
Development Act of 2022 (136 Stat. 3767).
(L) The report on mitigation for fish and wildlife
and wetlands losses required under section 2036(b) of
the Water Resources Development Act of 2007 (121 Stat.
1092).
(M) The report on expediting hydropower at Corps of
Engineers facilities required under section 1008(c) of
the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2321b).
(N) The report on divestment authority required
under section 164(c) of the Water Resources Development
Act of 2020 (134 Stat. 2668).
(O) The report on antecedent hydrologic conditions
required under section 226(a) of the Water Resources
Development Act of 2020 (134 Stat. 2697).
(P) The report on the terrestrial noxious weed
control pilot program required under section 503(d) of
the Water Resources Development Act of 2020 (33 U.S.C.
610 note).
(Q) The report on the Asian Carp prevention and
control pilot program required under section 509(a)(7)
of the Water Resources Development Act of 2020 (33
U.S.C. 610 note).
(R) The report on investments for recreation areas
required under section 8227(b) of the Water Resources
Development Act of 2022 (136 Stat. 3764).
(S) The report on solar energy opportunities
required under section 8232(b) of the Water Resources
Development Act of 2022 (136 Stat. 3766).
(3) Elements.--The Secretary shall include in the report
required under paragraph (1) the following information with
respect to each report described in paragraph (2):
(A) <<NOTE: Summary.>> A summary of the status of
each such report, including if the report has been
initiated.
(B) The amount of funds that--
(i) have been made available to carry out each
such report; and
(ii) the Secretary requires to complete each
such report.
(C) <<NOTE: Assessment. Timeline.>> A detailed
assessment of how the Secretary intends to complete each
such report, including an anticipated timeline for
completion.
(D) Any available information that is relevant to
each such report that would inform the committees
described in paragraph (1).
(b) <<NOTE: 33 USC 579g.>> Annual Reports.--
(1) <<NOTE: President.>> In general.--Not later than 10 days
after the date on which the budget of the President for each
fiscal year is submitted to Congress pursuant to section 1105 of
title 31, United States Code, the Secretary shall submit to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations of
the Senate a report on the status of each covered report.
[[Page 138 STAT. 3042]]
(2) Elements.--The Secretary shall include in the report
required under paragraph (1) the following information:
(A) <<NOTE: Summary.>> A summary of the status of
each covered report, including if each such report has
been initiated.
(B) The amount of funds that--
(i) have been made available to carry out each
such report; and
(ii) the Secretary requires to complete each
such report.
(C) <<NOTE: Assessment.>> A detailed assessment of
how the Secretary intends to complete each covered
report, including an anticipated timeline for
completion.
(3) <<NOTE: Web posting.>> Publicly available.--The
Secretary shall make each report required under paragraph (1)
publicly available on the website of the Corps of Engineers.
(4) Notification of committees.--The Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on the Environment
and Public Works of the Senate on an annual basis a draft of
each covered report.
(5) Definition of covered report.--In this subsection, the
term ``covered report''--
(A) means any report or study required to be
submitted by the Secretary under this Act or any Act
providing authorizations for water resources development
projects enacted after the date of enactment of this Act
to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Environment and Public Works of the Senate that has not
been so submitted; and
(B) does not include a feasibility study (as such
term is defined in section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d)).
(c) <<NOTE: Deadline. 33 USC 2201 note.>> Prior Guidance.--Not later
than 180 days after the date of enactment of this Act, the Secretary
shall issue the guidance required pursuant to each of the following
provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note).
(2) Section 8101 of the Water Resources Development Act of
2022 (33 U.S.C. 2351b).
(3) Section 8107 of the Water Resources Development Act of
2022 (42 U.S.C. 1962d-5b note).
(4) Section 8112 of the Water Resources Development Act of
2022 (33 U.S.C. 2281a).
(5) Section 8116 of the Water Resources Development Act of
2022 (10 U.S.C. 7036 note).
(6) Section 8136 of the Water Resources Development Act of
2022 (10 U.S.C. 2667 note).
SEC. 1151. ALTERNATE SEAPORTS.
(a) Sense of Congress.--It is the sense of Congress that meeting the
operation and maintenance needs at alternate seaports is important for
the national security of the United States.
(b) <<NOTE: Assessment.>> Report.--Not later than 1 year after the
date of enactment of this Act, 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
[[Page 138 STAT. 3043]]
a report that includes an assessment of the operation and maintenance
needs and backlog for Corps of Engineers projects at alternate seaports.
SEC. 1152. COLUMBIA RIVER BASIN.
Section 8309 of the Water Resources Development Act of 2022 (136
Stat. 3780) is amended--
(1) by striking subsection (b)(3); and
(2) by adding at the end the following:
``(c) Interim Pre-planned Flood Storage.--
``(1) <<NOTE: Compensation. Canada.>> In general.--The
Secretary, with the concurrence of the Secretary of State, is
authorized to compensate, and make arrangements with, the
Government of Canada for reserving and operating 3,600,000 acre-
feet of pre-planned flood storage per operating year at Hugh
Keenleyside Dam, including operations that the Government of
Canada may not be obligated to provide under the Columbia River
Treaty, to minimize the flood risk in the Columbia River Basin.
``(2) <<NOTE: Time periods. Effective date.>> Authorization
of appropriations.--To carry out this subsection, there is
authorized to be appropriated $37,600,000 for fiscal year 2025
and $37,600,000, adjusted for inflation beginning on August 1,
2024, for each of fiscal years 2026 and 2027, to remain
available until expended.
``(3) Sunset.--The authority to compensate, and make
arrangements with, the Government of Canada under this
subsection shall expire on August 31, 2027.
``(d) Definitions.--In this section:
``(1) Columbia river basin.--The term `Columbia River Basin'
means the entire United States portion of the Columbia River
watershed.
``(2) Columbia river treaty.--The term `Columbia River
Treaty' means the treaty relating to cooperative development of
the water resources of the Columbia River Basin, signed at
Washington January 17, 1961, and entered into force September
16, 1964.
``(3) Flood storage.--The term `flood storage' means the
usable space in a reservoir that is set aside for impounding and
releasing water for flood risk management or otherwise for
regulating stream flows to minimize flood risk.
``(4) Government of canada.--The term `Government of Canada'
means the Government of Canada, a Canadian Province, or a
subdivision or instrumentality thereof.
``(5) Operating year.--The term `operating year' means a 12-
month period beginning on August 1 and ending on July 31.
``(6) U.S. entity.--The term `U.S. entity' means the entity
designated by the United States under Article XIV of the
Columbia River Treaty.''.
SEC. 1153. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF
RECREATION FACILITIES.
Section 225 of the Water Resources Development Act of 1992 (33
U.S.C. 2328) is amended--
(1) in subsection (b)--
(A) by striking ``To implement'' and inserting the
following:
``(1) In general.--To implement''.
[[Page 138 STAT. 3044]]
(B) in paragraph (1) (as so designated), by striking
``non-Federal public and private entities'' and
inserting ``non-Federal public entities and private
nonprofit entities''; and
(C) by adding at the end the following:
``(2) Requirements.--Before entering into an agreement under
paragraph (1), the Secretary shall ensure that the non-Federal
public entity or private nonprofit entity has the authority and
capability--
``(A) to carry out the terms of the agreement; and
``(B) to pay damages, if necessary, in the event of
a failure to perform.'';
(2) by striking subsection (c) and inserting the following:
``(c) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-
Federal public entity or private nonprofit entity that
has entered into an agreement pursuant to subsection (b)
to collect user fees for the use of developed recreation
sites and facilities, whether developed or constructed
by the non-Federal public entity or private nonprofit
entity or the Department of the Army.
``(B) Use of visitor reservation services.--
``(i) In general.--A non-Federal public entity
or a private nonprofit entity described in
subparagraph (A) may use, to manage fee
collections and reservations under this section,
any visitor reservation service that the Secretary
has provided for by contract or interagency
agreement, subject to such terms and conditions as
the Secretary determines to be appropriate.
``(ii) Transfer.--The Secretary may transfer,
or cause to be transferred by another Federal
agency, to a non-Federal public entity or a
private nonprofit entity described in subparagraph
(A) user fees received by the Secretary or other
Federal agency under a visitor reservation service
described in clause (i) for recreation facilities
and natural resources managed by the non-Federal
public entity or private nonprofit entity pursuant
to a cooperative agreement entered into under
subsection (b).
``(2) Use of fees.--
``(A) In general.--A non-Federal public entity or
private nonprofit entity that collects a user fee under
paragraph (1)--
``(i) may retain up to 100 percent of the fees
collected, as determined by the Secretary; and
``(ii) notwithstanding section 210(b)(4) of
the Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), shall use any retained amounts for
operation, maintenance, and management activities
relating to recreation and natural resources at
recreation site at which the fee is collected.
``(B) Requirements.--The use by a non-Federal public
entity or private nonprofit entity of user fees
collected under paragraph (1)--
``(i) shall remain subject to the direction
and oversight of the Secretary; and
[[Page 138 STAT. 3045]]
``(ii) shall not affect any existing third-
party property interest, lease, or agreement with
the Secretary.
``(3) Terms and conditions.--The authority of a non-Federal
public entity or private nonprofit entity under this subsection
shall be subject to such terms and conditions as the Secretary
determines to be necessary to protect the interests of the
United States.''; and
(3) in subsection (d)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(B) by striking ``non-Federal public and private
entities. Any funds received by the Secretary under this
section'' and inserting the following: ``non-Federal
public entities, private nonprofit entities, and other
private entities.
``(2) Deposit of funds.--Any funds received by the Secretary
under this subsection''; and
(4) by adding at the end the following:
``(e) Definitions.--In this section:
``(1) Non-federal public entity.--The term `non-Federal
public entity' means a non-Federal public entity as defined in
the memorandum issued by the Corp of Engineers on April 4, 2018,
and titled `Implementation Guidance for Section 1155, Management
of Recreation Facilities, of the Water Resources Development Act
(WRDA) of 2016, Public Law 114-322'.
``(2) Private nonprofit entity.--The term `private nonprofit
entity' means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.''.
SEC. 1154. RETENTION OF RECREATION FEES.
Section 210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)) is amended--
(1) in paragraph (1), by striking ``Notwithstanding'' and
all that follows through ``to establish'' and inserting
``Subject to paragraphs (2) and (3), the Secretary of the Army
may establish'';
(2) in paragraph (3), by striking ``vehicle. Such maximum
amount'' and inserting ``vehicle, which amount''; and
(3) by striking paragraph (4) and inserting the following:
``(4) Use of funds.--The fees collected under this
subsection shall be credited to the currently applicable
appropriation, account, or fund of the Department of the Army as
discretionary offsetting collections, and shall be available
only to the extent provided in advance in appropriations Acts,
for the operation and maintenance of recreation sites and
facilities under the jurisdiction of the Secretary, subject to
the condition that not less than 80 percent of fees collected at
recreation areas of a specific water resources development
project shall be used at such project.''.
SEC. 1155. SENSE OF CONGRESS RELATED TO WATER DATA.
It is the sense of Congress that, for the purpose of improving water
resources management, the Secretary should--
(1) develop and implement a framework for integrating,
sharing, and using water data;
(2) identify and prioritize key water data needed to support
water resources management and planning, including--
[[Page 138 STAT. 3046]]
(A) water data sets, types, and associated metadata;
and
(B) water data infrastructure, technologies, and
tools;
(3) in consultation with other Federal agencies, States,
Indian Tribes, local governments, and relevant stakeholders,
develop and adopt common national standards for collecting,
sharing, and integrating water data, infrastructure,
technologies, and tools;
(4) ensure that water data is publicly accessible and
interoperable;
(5) integrate water data and tools through nationwide
approaches to data infrastructure, platforms, models, and tool
development; and
(6) support the adoption of new technologies and the
development of tools for water data collection, sharing, and
standardization.
SEC. 1156. SENSE OF CONGRESS RELATING TO COMPREHENSIVE BENEFITS.
It is the sense of Congress that in carrying out any feasibility
study, the Secretary should follow, to the maximum extent practicable--
(1) the guidance described in the memoranda relating to
``Comprehensive Documentation of Benefits in Feasibility
Studies'', dated April 3, 2020, and April 13, 2020, and signed
by the Assistant Secretary for Civil Works and the Director of
Civil Works, respectively; and
(2) the policies described in the memorandum relating to
``Policy Directive - Comprehensive Documentation of Benefits in
Decision Document'' dated January 5, 2021, and signed by the
Assistant Secretary for Civil Works.
Subtitle B-- <<NOTE: Grace F. Napolitano Priority for Water Supply,
Water Conservation, and Drought Resiliency Act of 2024. 33 USC 2201
note.>> Grace F. Napolitano Priority for Water Supply, Water
Conservation, and Drought Resiliency Act of 2024
SEC. 1160. SHORT TITLE.
This subtitle may be cited as the ``Grace F. Napolitano Priority for
Water Supply, Water Conservation, and Drought Resiliency Act of 2024''.
SEC. 1161. <<NOTE: 33 USC 2281d.>> DECLARATION OF POLICY.
(a) In General.--It is the policy of the United States for the Corps
of Engineers, consistent with applicable statutory authorities--
(1) to maximize opportunities for water supply, water
conservation measures, and drought resiliency efforts at and in
the operation of water resources development projects;
(2) in accordance with section 301(a) of the Water Supply
Act of 1958 (43 U.S.C. 390b), to participate and cooperate with
States and local interests in developing water supplies for
domestic, municipal, industrial, and other purposes in
authorized connection with the construction, maintenance, and
operation of water resources development projects; and
[[Page 138 STAT. 3047]]
(3) in coordination with non-Federal interests, to enable
the adoption of water conservation measures and drought
resiliency measures that are in alignment with the authorized
purposes of water resources development projects.
(b) Full Consideration.--In support of subsection (a), the Secretary
shall give full consideration to requests and proposals from non-Federal
interests to utilize the authorities of the Corps of Engineers in
furtherance of water supply features, water conservation measures, and
drought resiliency efforts that are in alignment the authorized purposes
of water resources development projects.
(c) Limitation.--Nothing in this section--
(1) affects, modifies, or changes--
(A) the authority of a State to manage, use, or
allocate the water resources of that State;
(B) any water right in existence on the date of
enactment of this Act;
(C) any existing water supply agreements between the
Secretary and the non-Federal interest;
(D) the authorized purposes of a water resources
development project; or
(E) any existing Corps of Engineers authorities;
(2) preempts or affects any State water law or interstate
compact governing water;
(3) diminishes the other priorities and the primary or
secondary missions of the Corps of Engineers; or
(4) shall be interpreted to supersede or modify any written
agreement between the Federal Government and a non-Federal
interest that is in effect on the date of enactment of this Act.
SEC. 1162. <<NOTE: 33 USC 2319 note.>> FORECAST-INFORMED RESERVOIR
OPERATIONS.
(a) In General.--In updating a water control manual for any
reservoir constructed, owned, or operated by the Secretary, including a
reservoir for which the Secretary is authorized to prescribe regulations
for the use of storage allocated for flood control or navigation
pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 709),
the Secretary shall, to the maximum extent practicable, incorporate the
use of forecast-informed reservoir operations, subject to the
availability of appropriations.
(b) Guidelines.--The Secretary, in coordination with relevant
Federal and State agencies and non-Federal interests, shall issue clear
and concise guidelines for incorporating the use of forecast-informed
reservoir operations into water control manuals for reservoirs described
in subsection (a).
(c) Assessment.--
(1) Requirement.--The Secretary shall carry out an
assessment of geographically diverse reservoirs described in
subsection (a) to determine the viability of using forecast-
informed reservoir operations at such reservoirs.
(2) Priority areas.--In carrying out the assessment
described in paragraph (1), the Secretary shall include an
assessment of--
(A) each reservoir located in the South Pacific
Division of the Corps of Engineers; and
[[Page 138 STAT. 3048]]
(B) reservoirs located in each of the Northwestern
Division and the South Atlantic Division of the Corps of
Engineers.
(3) Consultation.--In carrying out this subsection, the
Secretary shall consult with relevant Federal and State agencies
and non-Federal interests.
(d) Savings Provision.--Nothing in this section preempts or affects
any State water law or any interstate compact governing water, or
otherwise restricts, affects, or amends any other law or the authority
of any department, instrumentality, or agency of the United States
related to the operation of reservoirs described in subsection (a).
SEC. 1163. UPDATES TO CERTAIN WATER CONTROL MANUALS.
Section 8109 of the Water Resources Development Act of 2022 (136
Stat. 3702) is amended by inserting ``or that incorporate the use of
forecast-informed reservoir operations into such manuals'' before the
period at the end.
SEC. 1164. <<NOTE: 33 USC 2319 note.>> EMERGENCY DROUGHT
OPERATIONS PILOT PROGRAM.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project--
(1) that is located in the State of California, the State of
Nevada, or the State of Arizona; and
(2)(A) of the Corps of Engineers for which water supply is
an authorized purpose; or
(B) for which the Secretary develops a water control
manual under section 7 of the Act of December 22, 1944
(33 U.S.C. 709).
(b) Emergency Operation During Drought.--Consistent with other
authorized project purposes and in coordination with the non-Federal
interest, in operating a covered project during a drought emergency in
the project area, the Secretary may carry out a pilot program to operate
the covered project with water supply as the primary project purpose.
(c) Updates.--In carrying out this section, the Secretary may update
the water control manual for a covered project to include drought
operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the Secretary
shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations
and drought contingency plans in the water control
manual for the covered project;
(B) impact only the flood pool managed by the
Secretary; and
(C) shall not be carried out in the event of a
forecast or anticipated flood or weather event that
would require flood risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses
forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were
in place prior to the use of the authority provided under that
subsection at a time determined by the Secretary, in
coordination with the non-Federal interest.
(e) Contributed Funds.--The Secretary may receive and expend funds
contributed by a non-Federal interest to carry out activities under this
section.
[[Page 138 STAT. 3049]]
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the pilot program carried out under
this section.
(2) Inclusions.--The Secretary shall include in the report
under paragraph (1) a description of the activities of the
Secretary that were carried out for each covered project and any
lessons learned from carrying out those activities.
(g) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes of
a covered project;
(2) affects existing Corps of Engineers authorities,
including authorities with respect to navigation, hydropower,
flood damage reduction, and environmental protection and
restoration;
(3) affects the ability of the Corps of Engineers to provide
for temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
(5) supersedes or modifies any written agreement between the
Federal Government and a non-Federal interest that is in effect
on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan for the Colorado River Basin, if
applicable;
(7) affects any water right in existence on the date of
enactment of this Act;
(8) preempts or affects any State water law or interstate
compact governing water;
(9) affects existing water supply agreements between the
Secretary and the non-Federal interest; or
(10) affects any obligation to comply with the provisions of
any Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 1165. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER
SUPPLY.
Section 1118(i) of Water Resources Development Act of 2016 (43
U.S.C. 390b-2(i)) is amended by striking paragraph (2) and inserting the
following:
``(2) Contributed funds for other federal reservoir
projects.--
``(A) In general.--The Secretary is authorized to
receive and expend funds from a non-Federal interest or
a Federal agency that owns a Federal reservoir project
described in subparagraph (B) to formulate, review, or
revise operational documents pursuant to a proposal
submitted in accordance with subsection (a) for such a
Federal reservoir project.
[[Page 138 STAT. 3050]]
``(B) Federal reservoir projects described.--A
Federal reservoir project referred to in subparagraph
(A) is a reservoir for which the Secretary is authorized
to prescribe regulations for the use of storage
allocated for flood control or navigation pursuant to
section 7 of the Act of December 22, 1944 (33 U.S.C.
709).''.
TITLE II-- <<NOTE: State listing.>> STUDIES AND REPORTS
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Yavapai county, arizona.--Project for flood risk
management, Yavapai County, in the vicinity of the City of
Cottonwood, Arizona.
(2) Clear lake, california.--Project for flood risk
management and ecosystem restoration, Clear Lake, Lake County,
California.
(3) Cosumnes river watershed, california.--Project for flood
risk management, ecosystem restoration, water supply, and
related purposes, Cosumnes River watershed, California.
(4) Eastman lake, california.--Project for ecosystem
restoration and water supply conservation and recharge, Eastman
Lake, California.
(5) Hesperia, california.--Project for flood risk
management, city of Hesperia, California.
(6) Pillar point harbor, california.--Project for flood risk
management and storm damage risk reduction, Pillar Point Harbor,
California.
(7) Pine flat dam, california.--Project for ecosystem
restoration, water supply, and recreation, Pine Flat Dam, Fresno
County, California.
(8) Rialto channel, california.--Project for flood risk
management, Rialto Channel, city of Rialto and vicinity,
California.
(9) Salinas river, california.--Project for flood risk
management and ecosystem restoration, Salinas River, California.
(10) San bernardino, california.--Project for flood risk
management, city of San Bernardino, California.
(11) San diego and orange counties, california.--Project for
flood and coastal storm risk management and ecosystem
restoration, San Diego and Orange Counties, California.
(12) San diego bay, california.--Project for flood risk
management, including sea level rise, San Diego Bay, California.
(13) San felipe lake and pajaro river, san benito county,
california.--Project for flood risk management, San Felipe Lake
and Pajaro River, San Benito County, California.
[[Page 138 STAT. 3051]]
(14) San mateo, california.--Project for flood risk
management, including stormwater runoff reduction, City of San
Mateo, California.
(15) Santa ana river, anaheim, california.--Project for
flood risk management, water supply, and recreation, Santa Ana
River, Anaheim, California.
(16) Santa ana river, jurupa valley, california.--Project
for ecosystem restoration and recreation, Santa Ana River,
Jurupa Valley, California.
(17) Sweetwater reservoir, california.--Project for
ecosystem restoration and water supply, Sweetwater Reservoir,
California.
(18) Colorado springs, colorado.--Project for ecosystem
restoration and flood risk management, Fountain Creek, Monument
Creek, and Templeton Gap Levee, Colorado Springs and Pueblo,
Colorado.
(19) Connecticut shoreline, connecticut.--Project for
hurricane and storm damage risk reduction, Connecticut
shoreline, Connecticut.
(20) Enfield, connecticut.--Project for flood risk
management and ecosystem restoration, including restoring
freshwater brook floodplain, Enfield, Connecticut.
(21) Hartford, connecticut.--Project for hurricane and storm
damage risk reduction, Hartford, Connecticut.
(22) Park river conduit, city of hartford, connecticut.--
Project for flood risk management, including stormwater
management, City of Hartford, Connecticut and vicinity.
(23) Newington, connecticut.--Project for flood risk
management, Newington, Connecticut.
(24) City of norwalk, connecticut.--Project for flood risk
management, City of Norwalk, Connecticut, in the vicinity of the
Norwalk wastewater treatment plant.
(25) Plymouth, connecticut.--Project for ecosystem
restoration, Plymouth, Connecticut.
(26) Fairfield, connecticut.--Project for flood risk
management, Rooster River, Fairfield, Connecticut.
(27) Westport beaches, connecticut.--Project for hurricane
and storm damage risk reduction and ecosystem restoration,
Westport, Connecticut.
(28) Windham, connecticut.--Project for ecosystem
restoration and recreation, Windham, Connecticut.
(29) Delaware inland bays watershed, delaware.--Project for
flood risk management, hurricane and storm risk reduction, and
ecosystem restoration, including shoreline stabilization,
Delaware Inland Bays watershed, Delaware.
(30) Town of milton, delaware.--Project for flood risk
management, Town of Milton, Delaware.
(31) Wilmington, delaware.--Project for coastal storm risk
management, flood risk management, and hurricane and storm risk
reduction, City of Wilmington, Delaware.
(32) Anacostia river bank and seawalls, district of columbia
and maryland.--Project for navigation, ecosystem restoration,
and recreation, including dredging and sediment management,
Anacostia River bank and seawalls, Washington, District of
Columbia, and Prince George's County, Maryland.
[[Page 138 STAT. 3052]]
(33) Fletchers cove, district of columbia.--Project for
recreation, including dredging, Fletchers Cove, District of
Columbia.
(34) East lake tohopekaliga, florida.--Project for flood
risk management and ecosystem restoration, including sediment
and debris management, East Lake Tohopekaliga, Florida.
(35) Florida spaceport system marine intermodal
transportation wharf, florida.--Project for navigation in the
vicinity of Cape Canaveral, Florida.
(36) Lake conway, florida.--Project for flood risk
management, navigation, and ecosystem restoration, including
sediment and debris management, Lake Conway, Florida.
(37) Macdill air force base, tampa, florida.--Project for
hurricane and storm damage risk reduction and ecosystem
restoration in the vicinity of MacDill Air Force Base, City of
Tampa, Florida.
(38) Palatka barge port, putnam county, florida.--Project
for navigation, Palatka Barge Port, Putnam County, Florida.
(39) Camp creek tributary, georgia.--Project for flood risk
management and ecosystem restoration, including stream
restoration, along the Camp Creek Tributary in Fulton County,
Georgia.
(40) College park, georgia.--Project for flood risk
management, City of College Park, Georgia.
(41) Proctor creek, smyrna, georgia.--Project for flood risk
management, Proctor Creek, Smyrna, Georgia, including Jonquil
Driver Stormwater Park.
(42) Tybee island, georgia.--Project for ecosystem
restoration and hurricane and storm damage risk reduction, Tybee
Island, Georgia, including by incorporating other Federal
studies conducted on the effect of the construction of Savannah
Harbor Channel on the shoreline of Tybee Island.
(43) Guam.--Project for flood risk management and coastal
storm risk management, Guam.
(44) Hawai`i kai, hawaii.--Project for flood risk
management, Hawai`i Kai, Hawaii.
(45) Kaiaka-waialua watershed, hawaii.--Project for flood
risk management, Kaiaka-Waialua watershed, O`ahu, Hawaii.
(46) Kaua`i, hawaii.--Project for flood risk management and
coastal storm risk management, County of Kaua`i, Hawaii.
(47) Maui, hawaii.--Project for flood risk management and
ecosystem restoration, County of Maui, Hawaii.
(48) Berwyn, illinois.--Project for comprehensive flood risk
management, City of Berwyn, Illinois.
(49) Butterfield creek, illinois.--Project for flood risk
management and ecosystem restoration, Butterfield Creek,
Illinois, including the villages of Flossmoor, Matteson, Park
Forest, and Richton Park.
(50) Franklin park, illinois.--Project for flood risk
management, ecosystem restoration, and water supply, Village of
Franklin Park, Illinois.
(51) Rocky ripple, indiana.--Project for flood risk
management, Town of Rocky Ripple, Indiana.
[[Page 138 STAT. 3053]]
(52) Bayou rigaud to caminada pass, louisiana.--Project for
navigation, Bayou Rigaud to Caminada Pass, Louisiana.
(53) Lake pontchartrain storm surge reduction project,
louisiana.--Project for hurricane and storm damage risk
reduction, Lake Pontchartrain, Orleans, St. Tammany, Tangipahoa,
Livingston, St. James, St. John, St. Charles, Jefferson, and St.
Bernard Parishes, Louisiana.
(54) Livingston parish flood protection, louisiana.--Project
for flood risk management, Livingston Parish, Louisiana.
(55) Natchitoches, louisiana.--Project for flood risk
management, City of Natchitoches, Louisiana.
(56) New orleans metro area, louisiana.--Project for
ecosystem restoration and water supply, including mitigation of
saltwater wedges, for the City of New Orleans and metropolitan
area, Louisiana.
(57) Coffeyville, kansas.--Project for flood risk
management, Coffeyville, Kansas.
(58) Bullskin creek in shelby county, kentucky.--Project for
ecosystem restoration, including bank stabilization, Bullskin
Creek in Shelby County, Kentucky.
(59) Cumberland river, crittenden county, livingston county,
and lyon county, kentucky.--Project for ecosystem restoration,
including bank stabilization, Cumberland River, Crittenden
County, Livingston County, and Lyon County, Kentucky.
(60) Fulton county, kentucky.--Project for flood risk
management, including bank stabilization, Fulton County,
Kentucky.
(61) Scott county, kentucky.--Project for ecosystem
restoration, including water supply, Scott County, Kentucky.
(62) Hagaman chute, lake providence, louisiana.--Project for
navigation, including widening and sediment management, Hagaman
Chute, Lake Providence, Louisiana.
(63) Baltimore inland flooding, maryland.--Project for
inland flood risk management, City of Baltimore and Baltimore
County, Maryland.
(64) Maryland beaches, maryland.--Project for hurricane and
storm damage risk reduction and flood risk management in the
vicinity of United States Route 1, Maryland.
(65) Ocean city, maryland.--Project for flood risk
management, Ocean City, Maryland.
(66) Beaverdam creek, prince george's county, maryland.--
Project for flood risk management, Beaverdam Creek, Prince
George's County, Maryland, in the vicinity of United States
Route 50 and railroads.
(67) Cape cod canal, massachusetts.--Project for recreation,
Cape Cod Canal, in the vicinity of Tidal Flats Recreation Area,
Massachusetts.
(68) Connecticut river, massachusetts.--Project for flood
risk management along the Connecticut River, Massachusetts.
(69) Leominster, massachusetts.--Project for flood risk
management, City of Leominster, Massachusetts.
(70) Lower cobb brook, massachusetts.--Project for flood
risk management, Lower Cobb Brook, City of Taunton,
Massachusetts.
[[Page 138 STAT. 3054]]
(71) Oak bluffs, massachusetts.--Project for flood risk
management, coastal storm risk management, recreation, and
ecosystem restoration, including shoreline stabilization along
East Chop Drive, Oak Bluffs, Massachusetts.
(72) Oak bluffs harbor, massachusetts.--Project for coastal
storm risk management and navigation, Oak Bluffs Harbor north
and south jetties, Oak Bluffs, Massachusetts.
(73) Squantum causeway, massachusetts.--Project for flood
and coastal storm risk management, Squantum, in the vicinity of
East Squantum Street and Dorchester Street Causeway, Quincy,
Massachusetts.
(74) Sunset bay, charles river, massachusetts.--Project for
navigation, flood risk management, recreation, and ecosystem
restoration, including dredging, in the vicinity of Sunset Bay,
Charles River, cities of Boston, Watertown, and Newton,
Massachusetts.
(75) Tisbury, massachusetts.--Project for coastal storm risk
management, including shoreline stabilization along Beach Road
Causeway, Tisbury, Massachusetts.
(76) Town neck beach, sandwich, massachusetts.--Project for
flood risk management and coastal storm risk management,
including shoreline damage prevention and mitigation, Town Neck
Beach, town of Sandwich, Massachusetts.
(77) Westport harbor, massachusetts.--Project for flood risk
management, hurricane and storm damage risk reduction, and
navigation, including improvements to the breakwater at Westport
Harbor, Town of Westport, Massachusetts.
(78) Ann arbor, michigan.--Project for water supply, Ann
Arbor, Michigan.
(79) Brighton mill pond, michigan.--Project for ecosystem
restoration, Brighton Mill Pond, Michigan.
(80) Cheboygan, michigan.--Project for flood risk
management, Little Black River, City of Cheboygan, Michigan.
(81) Dearborn and dearborn heights, michigan.--Project for
flood risk management, Dearborn and Dearborn Heights, Michigan.
(82) Grand traverse bay, michigan.--Project for navigation,
Grand Traverse Bay, Michigan.
(83) Grand traverse county, michigan.--Project for flood
risk management and ecosystem restoration, Grand Traverse
County, Michigan.
(84) Kalamazoo river watershed, michigan.--Project for flood
risk management and ecosystem restoration, Kalamazoo River
Watershed and tributaries, Michigan.
(85) Ludington, michigan.--Project for coastal storm risk
management, including feasibility of emergency shoreline
protection, Ludington, Michigan.
(86) Marysville, michigan.--Project for coastal storm risk
management, including shoreline stabilization, City of
Marysville, Michigan.
(87) Mccomb, mississippi.--Project for flood risk
management, city of McComb, Mississippi.
(88) Miles city, montana.--Project for flood risk
management, Miles City, Montana.
(89) Pahrump, nevada.--Project for hurricane and storm
damage risk reduction and flood risk management, Pahrump,
Nevada.
[[Page 138 STAT. 3055]]
(90) Berkeley heights, new providence, and summit, new
jersey.--Project for flood risk management, Township of Berkeley
Heights, Borough of New Providence, and City of Summit, New
Jersey.
(91) Berry's creek, new jersey.--Project for flood risk
management, Berry's Creek, New Jersey.
(92) Fleischer brook, new jersey.--Project for flood risk
management, Fleischer Brook, New Jersey.
(93) Great falls raceway, paterson, new jersey.--Project for
flood risk management and hydropower, Paterson, New Jersey.
(94) Guttenberg, new jersey.--Project for flood risk
management, Guttenberg, New Jersey, in the vicinity of John F.
Kennedy Boulevard East.
(95) Passaic river basin, new jersey.--Project for flood
risk management and ecosystem restoration, Bergen, Essex,
Hudson, Morris, and Passaic Counties, New Jersey.
(96) Passaic river, paterson, new jersey.--Project for
navigation and flood risk management, Passaic River, Paterson,
New Jersey.
(97) Paulsboro, new jersey.--Project for navigation, Borough
of Paulsboro, New Jersey.
(98) Village of ridgewood, new jersey.--Project for flood
risk management along the Ho-Ho-Kus Brook and Saddle River,
Village of Ridgewood, New Jersey.
(99) Wolf creek, new jersey.--Project for flood risk
management, Wolf Creek, Ridgefield, New Jersey.
(100) Dona ana county, new mexico.--Project for water
supply, Dona Ana County, New Mexico.
(101) Nambe river watershed, new mexico.--Project for flood
risk management and ecosystem restoration, including sediment
and debris management, Nambe River Watershed, New Mexico.
(102) Otero county, new mexico.--Project for flood risk
management, Otero County, New Mexico.
(103) Allegheny river, new york.--Project for navigation and
ecosystem restoration, Allegheny River, New York.
(104) Babylon, new york.--Project for flood risk management,
hurricane and storm damage risk reduction, navigation, and
ecosystem restoration, Town of Babylon, New York.
(105) Bronx river, new york.--Project for flood risk
management and hurricane and storm damage risk reduction,
Bronxville, Tuckahoe, and Yonkers, New York.
(106) Brookhaven, new york.--Project for flood risk
management, hurricane and storm damage risk reduction, and
ecosystem restoration, Town of Brookhaven, New York.
(107) Highlands, new york.--Project for flood risk
management and ecosystem restoration, Highland Brook (also known
as ``Buttermilk Falls Brook'') and tributaries, Town of
Highlands, Orange County, New York.
(108) Inwood hill park, new york.--Project for ecosystem
restoration, Inwood Hill Park, Spuyten Duyvil Creek, Manhattan,
New York.
(109) Islip, new york.--Project for flood risk management,
Town of Islip, New York.
[[Page 138 STAT. 3056]]
(110) Oyster bay, new york.--Project for coastal storm risk
management and flood risk management in the vicinity of Tobay
Beach, Town of Oyster Bay, New York.
(111) Pascack brook, rockland county, new york.--Project for
flood risk management, Pascack Brook, Rockland County, New York,
including the Village of Spring Valley.
(112) Somers, new york.--Project for ecosystem restoration
and water supply, Town of Somers, New York.
(113) Sparkill creek, orangetown, new york.--Project for
flood risk management and streambank erosion, Sparkill Creek,
Orangetown, New York.
(114) Turtle cove, new york.--Project for ecosystem
restoration, Pelham Bay Park, Eastchester Bay, in the vicinity
of Turtle Cove, Bronx, New York.
(115) Cape fear river and tributaries, north carolina.--
Project for flood risk management, in the vicinity of Northeast
Cape Fear River and Black River, North Carolina.
(116) Leland, north carolina.--Project for flood risk
management, navigation, ecosystem restoration, and recreation,
including bank stabilization, for Jackeys Creek in the Town of
Leland, North Carolina.
(117) Marion, north carolina.--Project for flood risk
management, including riverbank stabilization, along the Catawba
River, City of Marion, North Carolina.
(118) Pender county, north carolina.--Project for flood risk
management in the vicinity of North Carolina Highway 53, Pender
County, North Carolina.
(119) Pigeon river, north carolina.--Project for flood risk
management, Pigeon River, in the vicinity of the towns of Clyde
and Canton, Haywood County, North Carolina.
(120) Coe creek, ohio.--Project for flood risk management,
Coe Creek, City of Fairview Park, Ohio.
(121) Cold creek, ohio.--Project for ecosystem restoration,
Cold Creek, Erie County, Ohio.
(122) Defiance, ohio.--Project for flood risk management,
ecosystem restoration, recreation, and bank stabilization,
Maumee, Auglaize, and Tiffin Rivers, Defiance, Ohio.
(123) Dillon lake, muskingum county, ohio.--Project for
ecosystem restoration, recreation, and shoreline erosion
protection, Dillon Lake, Muskingum and Licking Counties, Ohio.
(124) Geneva-on-the-lake, ohio.--Project for flood and
coastal storm risk management, ecosystem restoration,
recreation, and shoreline erosion protection, Geneva-on-the-
Lake, Ohio.
(125) Great miami river, ohio.--Project for flood risk
management, ecosystem restoration, and recreation, including
incorporation of existing levee systems, for the Great Miami
River, Ohio.
(126) Jerusalem township, ohio.--Project for flood and
coastal storm risk management and shoreline erosion protection,
Jerusalem Township, Ohio.
(127) Little killbuck creek, ohio.--Project for ecosystem
restoration, including aquatic invasive species management,
Little Killbuck Creek, Ohio.
(128) Niles, ohio.--Project for flood risk management,
ecosystem restoration, and recreation, City of Niles, Ohio.
[[Page 138 STAT. 3057]]
(129) Nine mile creek, cleveland, ohio.--Project for flood
risk management, Nine Mile Creek, Cleveland, Ohio.
(130) Lake texoma, oklahoma and texas.--Project for water
supply, including increased needs in southern Oklahoma, Lake
Texoma, Oklahoma and Texas.
(131) Sardis lake, oklahoma.--Project for water supply,
Sardis Lake, Oklahoma.
(132) Siuslaw river, florence, oregon.--Project for flood
risk management and streambank erosion, Siuslaw River, Florence,
Oregon.
(133) Willamette river, lane county, oregon.--Project for
flood risk management and ecosystem restoration, Willamette
River, Lane County, Oregon.
(134) Allegheny river, pennsylvania.--Project for navigation
and ecosystem restoration, Allegheny River, Pennsylvania.
(135) Borough of norristown, pennsylvania.--Project for
flood risk management, including dredging along the Schuylkill
River, in the Borough of Norristown and vicinity, Pennsylvania.
(136) Borough of pottstown, pennsylvania.--Project for
alternate water supply, Borough of Pottstown, Pennsylvania.
(137) Philadelphia, pennsylvania.--Project for ecosystem
restoration and recreation, including shoreline stabilization,
South Wetlands Park, Philadelphia, Pennsylvania.
(138) West norriton township, pennsylvania.--Project for
flood risk management and streambank erosion, Stony Creek, in
the vicinity of Whitehall Road, West Norriton Township,
Pennsylvania.
(139) Guayama, puerto rico.--Project for flood risk
management, Rio Guamani, Guayama, Puerto Rico.
(140) Naranjito, puerto rico.--Project for flood risk
management, Rio Guadiana, Naranjito, Puerto Rico.
(141) Orocovis, puerto rico.--Project for flood risk
management, Rio Orocovis, Orocovis, Puerto Rico.
(142) Ponce, puerto rico.--Project for flood risk
management, Rio Inabon, Ponce, Puerto Rico.
(143) Santa isabel, puerto rico.--Project for flood risk
management, Rio Descalabrado, Santa Isabel, Puerto Rico.
(144) Yauco, puerto rico.--Project for flood risk
management, Rio Yauco, Yauco, Puerto Rico.
(145) Union county, south carolina.--Project for flood risk
management, water supply, and recreation, Union County, South
Carolina.
(146) Davidson county, tennessee.--Project for flood risk
management, City of Nashville, Davidson County, Tennessee.
(147) Greene county, tennessee.--Project for water supply,
including evaluation of Nolichucky River capabilities, Greene
County, Tennessee.
(148) Galveston bay, texas.--Project for navigation,
Galveston Bay, Texas.
(149) Guadalupe county, texas.--Project for flood risk
management, Guadalupe County, including City of Santa Clara,
Texas.
(150) Harris county, texas.--Project for flood risk
management and ecosystem restoration, Halls Bayou, Harris
County, Texas.
[[Page 138 STAT. 3058]]
(151) Winooski river basin, vermont.--Project for flood risk
management and ecosystem restoration, Winooski River basin,
Vermont.
(152) Cedarbush creek, gloucester county, virginia.--Project
for navigation, Cedarbush Creek, Gloucester County, Virginia.
(153) Chickahominy river, james city county, virginia.--
Project for flood and coastal storm risk management,
Chickahominy River, James City County, Virginia.
(154) James city county, virginia.--Project for flood risk
management and navigation, James City County, Virginia.
(155) Timberneck creek, gloucester county, virginia.--
Project for navigation, Timberneck Creek, Gloucester County,
Virginia.
(156) York river, york county, virginia.--Project for flood
risk management and coastal storm risk management, York River,
York County, Virginia.
(157) Grays bay, washington.--Project for navigation, flood
risk management, and ecosystem restoration, Grays Bay, Wahkiakum
County, Washington.
(158) Wahkiakum county, washington.--Project for flood risk
management and sediment management, Grays River, in the vicinity
of Rosburg, Wahkiakum County, Washington.
(159) Wind, klickitat, hood, deschutes, rock creek, and john
day tributaries, columbia river, washington.--Project for
ecosystem restoration, Wind, Klickitat, Hood, Deschutes, Rock
Creek, and John Day tributaries, Columbia River, Washington.
(160) Arcadia, wisconsin.--Project for flood risk
management, city of Arcadia, Wisconsin.
(161) City of la crosse, wisconsin.--Project for flood risk
management, City of La Crosse, Wisconsin.
(162) River falls, wisconsin.--Project for ecosystem
restoration, city of River Falls, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct a
feasibility study for the following project modifications:
(1) Black warrior and tombigbee rivers, alabama.--
Modifications to the project for navigation, Coffeeville Lock
and Dam, authorized pursuant to section 4 of the Act of July 5,
1884 (chapter 229, 23 Stat. 148; 35 Stat. 818), and portion of
the project for navigation, Warrior and Tombigbee Rivers,
Alabama and Mississippi, consisting of the Demopolis Lock and
Dam on the Warrior-Tombigbee Waterway, Alabama, authorized by
section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 17),
for construction of new locks to maintain navigability.
(2) Luxapalila creek, alabama.--Modifications to the project
for flood risk management, Luxapalila Creek, Alabama, authorized
pursuant to section 203 of the Flood Control Act of 1958 (72
Stat. 307).
(3) Osceola harbor, arkansas.--Modifications to the project
for navigation, Osceola Harbor, Arkansas, authorized under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
to evaluate the expansion of the harbor.
(4) Farmington dam, california.--Modifications to the
project for flood control and other purposes, the Calaveras
[[Page 138 STAT. 3059]]
River and Littlejohn Creek and tributaries, California,
authorized by section 10 of the Act of December 22, 1944
(chapter 665, 58 Stat. 902), for improved flood risk management
and to support water supply recharge and storage.
(5) Humboldt harbor and bay, california.--Modifications to
the project for navigation, Humboldt Harbor and Bay, California,
authorized by the first section of the Act of July 3, 1930
(chapter 847, 46 Stat. 932; 82 Stat. 732; 110 Stat. 3663), for
additional deepening and widening.
(6) Madera county, california.--Modifications to the project
for flood risk management, water supply, and ecosystem
restoration, Chowchilla River, Ash Slough, and Berenda Slough,
Madera County, California, authorized pursuant to section 6 of
the Act of June 22, 1936 (chapter 688, 49 Stat. 1595; 52 Stat.
1225).
(7) Sacramento river integrated floodplain management,
california.--Modifications to the project for flood control,
Sacramento River, California, authorized by section 2 of the Act
of March 1, 1917 (chapter 144, 39 Stat. 949; 76 Stat. 1197), to
enhance flood risk reduction, to incorporate natural and nature-
based features, and to incorporate modifications to the portion
of such project north of the Freemont Weir for the purposes of
integrating management of such system with the adjacent
floodplain.
(8) San joaquin river basin, california.--Modifications to
the project for flood control, Sacramento-San Joaquin Basin
Streams, California, authorized pursuant to the resolution of
the Committee on Public Works of the House of Representatives
adopted on May 8, 1964 (docket number 1371), for improved flood
risk management, including dredging.
(9) Thames river, connecticut.--Modifications to the project
for navigation, Thames River, Connecticut, authorized by section
2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 13), to
increase authorized depth.
(10) Waimea river, kaua`i, hawaii.--Modifications to the
project for coastal storm risk management and ecosystem
restoration, Waimea River, Kaua`i, Hawaii, authorized pursuant
to section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), to improve protection provided by levees and flood
control features.
(11) Chicago sanitary and ship canal dispersal barrier,
illinois.--Modifications to the project for Chicago Sanitary and
Ship Canal and Dispersal Barrier, Illinois, initiated under
section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a; 118 Stat. 1352), for the construction of an
emergency access boat ramp in the vicinity of Romeoville,
Illinois.
(12) East saint louis and vicinity, illinois.--Modifications
to the project for environmental restoration and recreation,
authorized by section 1001(18) of the Water Resources
Development Act of 2007 (121 Stat. 1052), to reevaluate levels
of flood risk management and integrate the Spring Lake Project,
as recommended in the report of the Chief of Engineers issued on
December 22, 2004.
(13) Delaware river mainstem and channel deepening,
delaware, new jersey, and pennsylvania.--Modifications to the
project for navigation, Delaware River Mainstem and
[[Page 138 STAT. 3060]]
Channel Deepening, Delaware, New Jersey, and Pennsylvania,
authorized by section 101(6) of the Water Resources Development
Act of 1992 (106 Stat. 4802; 113 Stat. 300; 114 Stat. 2602), to
increase the authorized depth.
(14) Hanapepe river, hawaii.--Modifications to the project
for local flood protection, Hanapepe River, island of Kaua`i,
Hawaii, authorized by section 10 of the Act of December 22, 1944
(chapter 665, 58 Stat. 903), for ecosystem restoration and to
improve protection provided by levees and flood control
features.
(15) Laupahoehoe harbor, hawaii.--Modifications to the
project for navigation, Laupahoehoe Harbor, Hawaii, authorized
pursuant to section 107 of the River and Harbor Act of 1960 (74
Stat. 486), for seawall repair and mitigation.
(16) Calcasieu river and pass, louisiana.--Modifications to
the project for navigation, Calcasieu River and Pass, Louisiana,
authorized by section 101 of the River and Harbor Act of 1960
(74 Stat. 481; 121 Stat. 1126), including channel deepening and
jetty improvements.
(17) Mississippi river and tributaries, ouachita river,
louisiana.--Modifications to the project for flood control of
the Mississippi River in it alluvial valley and for its
improvement from the Head of Passes to Cape Girardeau, Missouri,
authorized by the first section of the Act of May 15, 1928
(chapter 569, 45 Stat. 534), to include bank stabilization on
the portion of the project consisting of the Ouachita River from
Monroe to Caldwell Parishes, Louisiana.
(18) Mississippi river and tributaries, ouachita river,
louisiana.--Modifications to the project for flood control of
the Mississippi River in it alluvial valley and for its
improvement from the Head of Passes to Cape Girardeau, Missouri,
authorized by the first section of the Act of May 15, 1928
(chapter 569, 45 Stat. 534), to study the feasibility of adding
62 miles of the east bank of the Ouachita River Levee System at
and below Monroe Parish to Caldwell Parish, Louisiana.
(19) New bedford, fairhaven, and acushnet, massachusetts.--
Modifications to the project for hurricane-flood protection at
New Bedford, Fairhaven, and Acushnet, Massachusetts, authorized
by section 201 of the Flood Control Act of 1958 (72 Stat. 305),
for navigation improvements and evaluation of the current
barrier function.
(20) Hodges village dam, oxford, massachusetts.--
Modifications to the project for flood risk management, Hodges
Village Dam, Oxford, Massachusetts, authorized pursuant to
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
to add recreation and ecosystem restoration as a project
purpose, including in the vicinity of Greenbriar Park.
(21) Holland harbor, michigan.--Modifications to the portion
of the project for navigation Holland (Black Lake), Michigan,
authorized by the first section of the Act of June 14, 1880
(chapter 211, 21 Stat. 183; 30 Stat. 1130; 46 Stat. 929; 49
Stat. 1036; 68 Stat. 1252), consisting of the Federal Channel of
Holland Harbor, for additional deepening.
(22) Monroe harbor, michigan.--Modifications to the project
for navigation, Monroe Harbor, Michigan, authorized by the first
section of the Act of July 3, 1930 (chapter 847, 46 Stat. 930),
for additional deepening.
[[Page 138 STAT. 3061]]
(23) Port huron, michigan.--Modifications to the project for
navigation, Channels in Lake Saint Clair Michigan, authorized by
the first section of the Act of August 30, 1935 (chapter 831, 49
Stat. 1036), for additional deepening at the mouth of the Black
River, Port Huron, Michigan.
(24) Saint joseph harbor, michigan.--Modifications to the
portion of the project for navigation, Saint Joseph, Michigan,
authorized by the first section of the Act of June 14, 1880
(chapter 211, 21 Stat. 183; 30 Stat. 1130; 49 Stat. 1036; 72
Stat. 299), consisting of the Federal Channel of Saint Joseph
Harbor, for additional deepening.
(25) Saint marys river, michigan.--Modifications to the
project for navigation Middle and West Neebish channels, Saint
Marys River, Michigan, authorized by the first section of the
Act of June 13, 1902 (chapter 1079, 32 Stat. 361; 70 Stat. 54),
to bring the channels to a consistent depth.
(26) Bayonne, new jersey.--Modifications to the project for
navigation, Jersey Flats and Bayonne, New Jersey, authorized by
the first section of the Act of September 22, 1922 (chapter 427,
42 Stat. 1038), for improvements to the navigation channel,
including channel extension, widening, and deepening, in the
vicinity of Bayonne, New Jersey.
(27) Surry mountain lake dam, new hampshire.--Modifications
to the project for flood protection and recreation, Surry
Mountain Lake dam, authorized pursuant to section 5 of the Act
of June 22, 1936 (chapter 688, 49 Stat. 1572; 52 Stat. 1216; 58
Stat. 892), to add ecosystem restoration as a project purpose,
and to install the proper gates and related equipment at Surry
Mountain Lake to support stream flow augmentation releases.
(28) Long beach, new york.--Modifications to the project for
storm damage reduction, Atlantic Coast of Long Island from Jones
Inlet to East Rockaway Inlet, Long Beach Island, New York,
authorized by section 101(a)(21) of the Water Resources
Development Act of 1996 (110 Stat. 3665), to include additional
replacement of beach groins to offer storm protection, erosion
prevention, and reduce the need for future renourishment.
(29) Bald head island, north carolina.--Modifications to the
project for hurricane-flood control protection, Cape Fear to the
North Carolina-South Carolina State line, North Carolina,
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1419), to add coastal storm risk management and hurricane
and storm damage risk reduction, including shoreline
stabilization, as an authorized purpose of the project for the
village of Bald Head Island, North Carolina.
(30) Mosquito creek lake, trumbull county, ohio.--
Modifications to the project for flood risk management and water
supply, Mosquito Creek Lake, Trumbull County, Ohio.
(31) Reno beach-howard farms, ohio.--Modifications to the
project for flood control, Reno Beach-Howard Farms, Ohio,
authorized by section 203 of the Flood Control Act of 1948 (62
Stat. 1178), to improve project levees and to provide flood
damage risk reduction to the portions of Jerusalem Township,
Ohio, not currently benefited by the project.
(32) Delaware river, mantua creek (fort mifflin) and marcus
hook, pennsylvania.--Modifications to the project for
[[Page 138 STAT. 3062]]
navigation, Delaware River, Philadelphia to the sea, authorized
by the first section of the Act of June 25, 1910 (chapter 382,
36 Stat. 637; 46 Stat. 921; 49 Stat. 1030; 52 Stat. 803; 59
Stat. 14; 68 Stat. 1249; 72 Stat. 297), to deepen the anchorage
areas at Mantua Creek (Fort Mifflin) and Marcus Hook.
(33) Little conemaugh, stonycreek, and conemaugh rivers,
pennsylvania.--Modifications to the project for ecosystem
restoration, recreation, and flood risk management, Little
Conemaugh, Stonycreek, and Conemaugh rivers, Pennsylvania.
(34) Charleston, south carolina.--Modifications to the
project for navigation, Charleston Harbor, South Carolina,
authorized by section 1401(1) of the Water Resources Development
Act of 2016 (130 Stat. 1709), including improvements to address
potential or actual changed conditions on that portion of the
project that serves the North Charleston Terminal.
(35) Addicks and barker reservoirs, texas.--Modifications to
the project for flood risk management, Addicks and Barker
Reservoirs, Texas, authorized pursuant to the project for
Buffalo Bayou and its tributaries, Texas, under section 3a of
the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68 Stat.
1258).
(36) Galveston bay area, texas.--Modifications to the
following projects for deepening and associated dredged material
placement, disposal, and environmental mitigation navigation:
(A) The project for navigation, Galveston Bay Area,
Texas City Channel, Texas, authorized by section 201 of
the Water Resources Development Act of 1986 (100 Stat.
4090).
(B) The project for navigation and environmental
restoration, Houston-Galveston Navigation Channels,
Texas, authorized by section 101(a)(30) of the Water
Resources Development Act of 1996 (110 Stat. 3666).
(C) The project for navigation, Galveston Harbor
Channel Extension Project, Houston-Galveston Navigation
Channels, Texas, authorized by section 1401(1) of the
Water Resources Development Act of 2018 (132 Stat.
3836).
(D) The project for navigation, Houston Ship Channel
Expansion Channel Improvement Project, Harris, Chambers,
and Galveston Counties, Texas, authorized by section
401(1) of the Water Resources Development Act of 2020
(134 Stat. 2734).
(37) Galveston harbor channel extension project, houston-
galveston navigation channels, texas.--Modifications to the
project for navigation, Galveston Harbor Channel Extension
Project, Houston-Galveston Navigation Channels, Texas,
authorized by section 1401(1) of the Water Resources Development
Act of 2018 (132 Stat. 3836), to include further deepening and
extension of the Federal channel and Turning Basin 2.
(38) Gathright reservoir and falling spring dam, virginia.--
Modifications to the project for navigation and flood control,
Gathright Reservoir and Falling Spring dam, Virginia, authorized
by section 10 of the Flood Control Act of 1946 (60 Stat. 645),
to include recreation as an authorized project purpose.
[[Page 138 STAT. 3063]]
(39) Mount st. helens sediment control, washington.--
Modifications to the project for sediment control and
navigation, Mount St. Helens, Washington, authorized by chapter
IV of title I of the Supplemental Appropriations Act, 1985 (99
Stat. 318; 114 Stat. 2612), to include dredging to address flood
risk management and navigation for federally authorized channels
on the Cowlitz River and at the confluence of the Cowlitz and
Columbia Rivers.
(40) Monongahela river, west virginia.--Modifications to the
project for recreation, Monongahela River, West Virginia.
(c) Special Rule.--Each study authorized by subsection (b) shall be
considered a new phase investigation and afforded the same treatment as
a general reevaluation.
(d) Special Rule, St. Marys River, Michigan.--The cost of the study
under subsection (b)(25) shall be at Federal expense.
(e) Authorization of Feasibility Studies for Projects From CAP
Authorities.--
(1) Cedar point seawall, scituate, massachusetts.--
(A) In general.--The Secretary may conduct a
feasibility study for the project for hurricane and
storm damage risk reduction, Cedar Point Seawall,
Scituate, Massachusetts.
(B) Requirement.--In carrying out subparagraph (A),
the Secretary shall use any relevant information from
the project described in that paragraph that was carried
out under section 3 of the Act of August 13, 1946 (33
U.S.C. 426g).
(2) Jones levee, pierce county, washington.--
(A) In general.--The Secretary may conduct a
feasibility study for the project for flood risk
management, Jones Levee, Pierce County, Washington.
(B) Requirement.--In carrying out subparagraph (A),
the Secretary shall use any relevant information from
the project described in that paragraph that was carried
out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(3) Hatch, new mexico.--
(A) In general.--The Secretary may conduct a
feasibility study for the project for flood risk
management, Hatch, New Mexico.
(B) Requirement.--In carrying out subparagraph (A),
the Secretary shall use any relevant information from
the project described in that paragraph that was carried
out under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(4) Fort george inlet, jacksonville, florida.--
(A) In general.--The Secretary may conduct a
feasibility study to modify the project for navigation,
Fort George Inlet, Jacksonville, Florida, to include
navigation improvements or shoreline erosion prevention
or mitigation as a result of the project.
(B) Requirement.--In carrying out subparagraph (A),
the Secretary shall use any relevant information from
the project described in that paragraph that was carried
out under section 111 of the River and Harbor Act of
1968 (33 U.S.C. 426i).
[[Page 138 STAT. 3064]]
SEC. 1202. <<NOTE: Determination.>> EXPEDITED MODIFICATION OF
EXISTING FEASIBILITY STUDIES.
The Secretary shall expedite the completion of the following
feasibility studies, as modified by this section, and if the Secretary
determines that a project that is the subject of the feasibility study
is justified in the completed report, may proceed directly to
preconstruction planning, engineering, and design of the project:
(1) Mare island strait, california.--The study for
navigation, Mare Island Straight channel, authorized by section
406 of the Water Resources Development Act of 1999 (113 Stat.
323; 136 Stat. 3753), is modified to authorize the Secretary to
consider the benefits of deepening the channel to support
activities of the Secretary of the department in which the Coast
Guard is operating.
(2) Savannah harbor, georgia.--Section 8201(b)(4) of the
Water Resources Development Act of 2022 (136 Stat. 3750) is
amended by striking ``, without evaluation of additional
deepening'' and inserting ``, including evaluation of additional
deepening''.
(3) Honolulu harbor, hawaii.--The study to modify the
project for navigation, Honolulu, Hawaii, authorized by the
first section of the Act of March 3, 1905 (chapter 1482, 33
Stat. 1146; 136 Stat. 3750), is modified to authorize the
Secretary to consider the benefits of the project modification
on disaster resilience and enhanced national security from
utilization of the harbor by the Department of Defense.
(4) Alexandria to the gulf of mexico, louisiana.--The study
for flood control, navigation, wetland conservation and
restoration, wildlife habitat, commercial and recreational
fishing, saltwater intrusion, freshwater and sediment diversion,
and other purposes, in the area drained by the intercepted
drainage system of the West Atchafalaya Basin Protection Levee,
from Alexandria, Louisiana to the Gulf of Mexico, being carried
out under Committee Resolution 2535 of the Committee on
Transportation and Infrastructure of the House of
Representatives, adopted July 23, 1997, is modified to include
the parishes of Pointe Coupee, Allen, Calcasieu, Jefferson
Davis, Acadia, Iberville, and Cameron within the scope of the
study.
(5) Saw mill river, new york.--The study for flood risk
management and ecosystem restoration to address areas in the
City of Yonkers and the Village of Hastings-on-the-Hudson within
the 100-year flood zone, Saw Mill River, New York, authorized by
section 8201(a)(70) of the Water Resources Development Act of
2022 (136 Stat. 3748), is modified to authorize the Secretary to
include within the scope of the study areas surrounding the City
of Yonkers and the Village of Hastings-on-the-Hudson and the
Village of Elmsford and the Village of Ardsley.
SEC. 1203. EXPEDITED COMPLETION.
(a) <<NOTE: Determination.>> Feasibility Studies.--The Secretary
shall expedite the completion of a feasibility study or general
reevaluation report (as applicable) for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
[[Page 138 STAT. 3065]]
(1) Project for flood risk management, Upper Guyandotte
River Basin, West Virginia.
(2) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(3) Project for flood risk management, Cave Buttes Dam,
Phoenix, Arizona.
(4) Project for flood risk management, McMicken Dam and
Trilby Wash, Maricopa County, Arizona.
(5) Project for ecosystem restoration, Rio Salado Oeste,
Phoenix, Arizona.
(6) Modifications to the portion of the project for flood
control, water conservation, and related purposes, Russian River
Basin, California, consisting of the Coyote Valley Dam,
authorized by section 204 of the Flood Control Act of 1950 (64
Stat. 177; 130 Stat. 1682), to add environmental restoration as
a project purpose and to increase water supply and improve
reservoir operations.
(7) Project for flood risk management and ecosystem
restoration, Lower San Joaquin River, Lathrop and Manteca,
California, as described in section 1322(b)(2)(F) of the Water
Resources Development Act of 2016 (130 Stat. 1707).
(8) Project for flood risk management, Lower San Joaquin
River, San Joaquin Valley, California.
(9) Beneficial use opportunities at the Petaluma River Marsh
Restoration project, California.
(10) Modifications to Pine Flat Dam, California, authorized
pursuant to a 1964 Congressional Resolution of the House
Committee on Public Works, and constructed pursuant to the Flood
Control Act of 1944.
(11) Project for flood risk management, Stratford,
Connecticut.
(12) Modifications to the Broward County Water Preserve
Areas Project, Broward County, Florida, to address costs that
exceed the maximum project cost pursuant to section 902 of the
Water Resources Development Act of 1986 (100 Stat. 4183).
(13) Modifications to Central and Southern Florida, Canal
111 (C-111) South Dade Project, Florida, authorized by section
401(7) of the Water Resources Development Act of 2020 (134 Stat.
2741).
(14) Project for hurricane and storm damage risk reduction
and coastal storm risk management, Volusia County, Florida,
authorized by the resolution of the Committee on Transportation
and Infrastructure of the House of Representatives, dated
February 16, 2000.
(15) Project for flood risk management, Waimea River, County
of Kaua`i, Hawaii.
(16) Modifications to the project for flood risk management,
Cedar River, Cedar Rapids, Iowa, authorized by section
8201(b)(6) of the Water Resources Development Act of 2022 (136
Stat. 3750).
(17) Project for ecosystem restoration, flood risk
management, and recreation, Newport, Kentucky, authorized by
section 8201(a)(32) of the Water Resources Development Act of
2022 (136 Stat. 3746).
[[Page 138 STAT. 3066]]
(18) Project for navigation, Bayou Sorrel Lock, Louisiana,
authorized by the resolution of the United States Senate
Committee on Public Works on September 29, 1972, and the
resolution of the House of Representatives Committee on Public
Works on October 12, 1972.
(19) Project for flood risk management, Mississippi River
and Tributaries, Morgan City, Lower Atchafalaya Basin,
Louisiana.
(20) Project for hurricane and storm damage risk reduction
and ecosystem restoration, Southwest Coastal Louisiana,
authorized by section 1401(8) of the Water Resources Development
Act of 2016 (130 Stat. 1715).
(21) Project for flood risk management and ecosystem
restoration, Charles River, Massachusetts, authorized by section
8201(a)(35) of the Water Resources Development Act of 2022 (136
Stat. 3746).
(22) General reevaluation report for the project for flood
risk management, Lower Saddle River Flood Protection, New
Jersey, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4119).
(23) Project for flood risk management, Rahway River,
Rahway, New Jersey.
(24) Project for flood risk management along the Peckman
River Basin in the townships of Verona (and surrounding area),
Cedar Grove, and West Caldwell, New Jersey, authorized by
section 8201(a)(58) of the Water Resources Development Act of
2022 (136 Stat. 3747).
(25) Project for flood risk management, Morris County, New
Jersey, authorized by section 8201(a)(59) of the Water Resources
Development Act of 2022 (136 Stat. 3747).
(26) Northeast Levee System portion of the project for flood
control and other purposes, Williamsport, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1573).
(27) Project for navigation, Menominee River, Menominee,
Wisconsin.
(28) General reevaluation report for the project for flood
risk management and other purposes, East St. Louis and Vicinity,
Illinois.
(29) General reevaluation report for project for flood risk
management, Green Brook, New Jersey.
(30) Project for ecosystem restoration, Imperial Streams
Salton Sea, California.
(31) Modification of the project for navigation, Honolulu
Deep Draft Harbor, Hawaii.
(32) Project for shoreline damage mitigation, Burns Waterway
Harbor, Indiana.
(33) Project for hurricane and coastal storm risk
management, Dare County Beaches, North Carolina.
(34) Modification of the project for flood protection and
recreation, Surry Mountain Lake, New Hampshire, including for
consideration of low flow augmentation.
(35) Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia.
(36) Project for secondary water source identification,
Washington Metropolitan Area, Washington, District of Columbia,
Maryland, and Virginia.
[[Page 138 STAT. 3067]]
(b) Study Reports.--The Secretary shall expedite the completion of a
Chief's Report or Director's Report (as applicable) for each of the
following projects for the project to be considered for authorization:
(1) Modification of the project for navigation, Norfolk
Harbors and Channels, Anchorage F segment, Norfolk, Virginia.
(2) Project for ecosystem restoration, Claiborne and Millers
Ferry Locks and Dam Fish Passage, Lower Alabama River, Alabama.
(3) Project for flood and storm damage reduction, Surf City,
North Carolina.
(4) Project for flood and storm damage reduction, Nassau
County Back Bays, New York.
(5) Project for flood and storm damage reduction, Ala Wai,
Hawaii.
(6) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Lake
Okeechobee Watershed Restoration, Florida.
(7) Project for flood and storm damage reduction, Amite
River and tributaries, Louisiana.
(8) Project for ecosystem restoration, Biscayne Bay and
Southern Everglades, Florida, authorized by section 601 of the
Water Resources Development Act of 2000 (114 Stat. 2680).
(9) Project for ecosystem restoration and recreation, Los
Angeles River, California, authorized by section 1407(7) of the
Water Resources Development Act of 2016 (130 Stat. 1714).
(c) Projects and Activities.--The Secretary shall, to the maximum
extent practicable, expedite completion of the following:
(1) Project for flood control, Lower Mud River, Milton, West
Virginia, authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121
Stat. 1154).
(2) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (chapter 688, 49 Stat. 1586).
(3) Project for flood risk management, Tulsa and West-Tulsa
Levee System, Tulsa County, Oklahoma, authorized by section
401(2) of the Water Resources Development Act of 2020 (134 Stat.
2735).
(4) Project for flood risk management, Little Colorado
River, Navajo County, Arizona.
(5) Project for flood risk management, Rio de Flag,
Flagstaff, Arizona.
(6) Project for ecosystem restoration, Va Shly'Ay Akimel,
Maricopa Indian Reservation, Arizona.
(7) Project for aquatic ecosystem restoration, Quincy Bay,
Illinois, Upper Mississippi River Restoration Program.
(8) Major maintenance on Laupahoehoe Harbor, County of
Hawai`i, Hawaii.
(9) Project for flood risk management, Green Brook, New
Jersey.
(10) Water control manual update for water supply and flood
control, Theodore Roosevelt Dam, Globe, Arizona.
(11) Repairs to recontour and stabilize the slope at Lake
Dardanelle Lock and Dam, Arkansas.
(12) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water
[[Page 138 STAT. 3068]]
Resources Development Act of 1999 (113 Stat. 279; 121 Stat.
1110).
(13) Water control manual update for Oroville Dam, Butte
County, California.
(14) Water control manual update for New Bullards Dam, Yuba
County, California.
(15) Project for flood and storm risk management and
ecosystem restoration at the San Francisco International
Airport, California, authorized by section 142 of the Water
Resources Development Act of 1976 (90 Stat. 2930).
(16) San Francisco Bay Beneficial Use Pilot Project,
California, being carried out under section 1122 of the Water
Resources Development Act of 2016 (130 Stat. 1645).
(17) Project for flood risk management in Westminster, East
Garden Grove, California, authorized by section 401(2) of Water
Resources Development Act of 2020 (134 Stat. 2735).
(18) Comprehensive plan for the Chattahoochee River Basin
Program, authorized by section 8144 of the Water Resources
Development Act of 2022 (136 Stat. 3724).
(19) Repairs to the project for flood risk management,
federally authorized levee, Grand Tower and Degognia and
Fountain Bluff Levee System, Illinois, in the vicinity of the
community of Cora.
(20) Repairs to the project for flood risk management,
Covington levee system, Covington, Kentucky.
(21) Project for navigation, Kentucky Lock and Dam,
Tennessee River, Kentucky, authorized by section 101(a)(13) of
the Water Resources Development Act of 1996 (110 Stat. 3664).
(22) Project for flood risk management, Morgan City,
Louisiana.
(23) Project for hurricane and storm risk reduction, Upper
Barataria Basin, Louisiana.
(24) Project for ecosystem restoration, Mid-Chesapeake Bay,
Maryland.
(25) Maintenance dredging for the Back River Channel
project, Weymouth, Massachusetts.
(26) Project for navigation, Big Bay Harbor of Refuge,
Michigan.
(27) Project for George W. Kuhn Headwaters Outfall,
Michigan.
(28) Improvements to the Red Run Inter-County Drain
Restoration project, Macomb and Oakland Counties, Michigan.
(29) Updated hydrologic analysis for the town of Estancia,
Torrance County, New Mexico.
(30) Environmental impact statement to accompany the
feasibility study for the project for navigation, Wilmington
Harbor, North Carolina, conducted pursuant to section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231), and
conditionally authorized by section 403(a)(5) of the Water
Resources Development Act of 2020 (134 Stat. 2743).
(31) Maintenance dredging at the Rocky River Harbor, Ohio.
(32) The portion of the project for flood control and other
purposes, Williamsport, Pennsylvania, authorized by section 5 of
the Act of June 22, 1936 (chapter 688, 49 Stat. 1573), to bring
the Northwest Levee System into compliance with current flood
mitigation standards.
[[Page 138 STAT. 3069]]
(33) <<NOTE: Puerto Rico.>> Project for hurricane and storm
damage risk reduction, San Juan Metropolitan Area Coastal Storm
Risk Management, Puerto Rico, authorized by section 8401(3) of
the Water Resources Development Act of 2022 (136 Stat. 3842).
(34) Sediment management plan along the Missouri River,
Lewis and Clark Lake, South Dakota.
(35) Project for navigation, Gulf Intracoastal Waterway,
Brazos River Floodgates and Colorado River Locks, Texas,
authorized by section 401(1) of the Water Resources Development
Act of 2020 (134 Stat. 2734).
(36) <<NOTE: Virgin Islands.>> Project for hurricane and
storm damage risk reduction and shoreline erosion protection,
Bolongo Bay, St. Thomas, United States Virgin Islands.
(37) Maintenance dredging of the federally authorized
navigation channels, Parrotts Creek, Jackson Creek, and Horn
Harbor, Virginia.
(38) Project for navigation, Seattle Harbor Navigation
Improvement Project, Washington, authorized by section 1401(1)
of the Water Resources Development Act of 2018 (132 Stat. 3836),
deepening the East Waterway at the Port of Seattle.
(39) Project for shoreline stabilization, Clarksville,
Indiana.
(d) Continuing Authorities Programs.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Ak-Chin Levee, Pinal County, Arizona.
(B) McCormick Wash, Globe, Arizona.
(C) Rose and Palm Garden Washes, Douglas, Arizona.
(D) Lower Santa Cruz River, Arizona.
(E) North, South, and Middle Fork, Kentucky River,
Kentucky, including the development of a flood warning
emergency evacuation plan.
(F) Swannanoa River watershed, Buncombe County,
North Carolina.
(2) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330) for the following areas:
(A) Corazon de los Tres Rios del Norte, Pima County,
Arizona.
(B) Lake Elsinore, California.
(3) Project for hurricane and storm damage reduction under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g),
Stratford, Connecticut.
(4) Project modifications for improvements to the
environment, under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a), for the following
areas:
(A) Hayward Creek and Eaton Pond watershed,
Massachusetts.
(B) Smelt Brook Tributary to the Weymouth-Fore
River, Massachusetts.
(C) Surry Mountain Lake, New Hampshire.
(5) Project for emergency streambank erosion and shoreline
protection under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r) for Muddy Creek, Otoe County, Nebraska.
[[Page 138 STAT. 3070]]
(e) Tribal Partnership Program.--The Secretary shall, to the maximum
extent practicable, expedite completion of the following projects and
studies in the following locations under the Tribal partnership program
under section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269):
(1) Maricopa (Ak-Chin) Indian Reservation, Arizona.
(2) Pima-Maricopa Irrigation Project, associated with the
Gila River Indian Community, Arizona.
(3) Navajo Nation, Bird Springs, Arizona.
(f) Watershed Assessments.--
(1) Great lakes coastal resiliency study.--The Secretary
shall, to the maximum extent practicable, expedite the Great
Lakes Coastal Resiliency Study authorized by section 1219 of the
Water Resources Development Act of 2018 (132 Stat. 3811; 134
Stat. 2683; 136 Stat. 3752).
(2) Upper mississippi and illinois rivers.--The Secretary
shall, to the maximum extent practicable, expedite completion of
the watershed assessment for flood risk management, Upper
Mississippi and Illinois Rivers, authorized by section 1206 of
the Water Resources Development Act of 2016 (130 Stat. 1686; 134
Stat. 2687).
(g) Expedited Prospectus.--The Secretary shall prioritize the
completion of the prospectus for the United States Moorings Facility,
Portland, Oregon, required for authorization of funding from the
revolving fund established by the first section of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576).
(h) Disposition Study.--The Secretary shall expedite completion of
the disposition study for the Lower St. Anthony Falls Lock and Dam,
Minnesota, pursuant to section 216 of the Flood Control Act of 1970 (33
U.S.C. 549a).
SEC. 1204. <<NOTE: Reviews.>> EXPEDITED COMPLETION OF OTHER
FEASIBILITY STUDIES.
(a) Cedar Port Navigation and Improvement District Channel Deepening
Project, Baytown, Texas.--The Secretary shall expedite the review and
coordination of the feasibility study for the project for navigation,
Cedar Port Navigation and Improvement District Channel Deepening
Project, Baytown, Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
(b) Sabine-neches Waterway Navigation Improvement Project, Texas.--
The Secretary shall expedite the review and coordination of the
feasibility study for the project for navigation, Sabine-Neches
Waterway, Texas, under section 203(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2231(b)).
(c) La Quinta Expansion Project, Texas.--The Secretary shall
expedite the review and coordination of the feasibility study for the
project for navigation, La Quinta Ship Channel, Corpus Christi, Texas,
under section 203(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2231(b)).
(d) Raymondville Drain Project, Texas.--The Secretary shall expedite
the review and coordination of the feasibility study for the project for
flood control, Raymondville Drain Project, Lower Rio Grande Basin,
Texas, under section 203(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2231(b)).
SEC. 1205. CORPS OF ENGINEERS REPORTS.
(a) Report on Recreational Access for Individuals With
Disabilities.--
[[Page 138 STAT. 3071]]
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 access for individuals with
disabilities to covered recreational areas.
(2) Requirements.--The Secretary shall include in the report
submitted under paragraph (1)--
(A) <<NOTE: Guidance.>> existing policies or
guidance for complying with the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) at covered recreational areas;
(B) <<NOTE: List.>> a complete list of covered
recreational areas, and the status of each covered
recreational area with respect to compliance with the
requirements of such Act;
(C) identification of policy changes, internal
guidance changes, or changes to shoreline management
plans that may result in increased access for
individuals with disabilities to covered recreational
areas, including access to fishing-related recreational
activities at covered recreational areas;
(D) <<NOTE: Analysis.>> an analysis of barriers that
exist for covered recreational areas to fully comply
with the requirements of such Act; and
(E) identification of specific covered recreational
areas that could be improved or modified to better
accommodate visitors with disabilities, including to
increase recreational fishing access for individuals
with disabilities.
(3) Covered recreational area defined.--In this subsection,
the term ``covered recreational area'' means all sites
constructed, owned, operated, or maintained by the Secretary
that are used for recreational purposes.
(b) Report on Turbidity in the Willamette Valley, Oregon.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 instances of high turbidity in a
reservoir in the Willamette Valley resulting from a drawdown in
the reservoir.
(2) Scope.--In carrying out subsection (a), the Secretary
shall--
(A) collaborate with any relevant Federal, State,
and non-Federal entities;
(B) identify and report instances during the 10-year
period preceding the date of enactment of this Act in
which turbidity concerns have arisen following a
drawdown at a reservoir in the Willamette Valley,
including Foster Lake and Green Peter Lake;
(C) report on turbidity monitoring that the
Secretary performs during drawdowns to identify, and if
necessary correct, turbidity issues;
(D) <<NOTE: Summary.>> provide a summary of
turbidity monitoring records collected during drawdowns
with respect to which turbidity concerns have been
raised by the public, including a
[[Page 138 STAT. 3072]]
comparison between turbidity prior to a drawdown, during
a drawdown, and following refilling;
(E) identify lessons learned associated with
turbidity resulting from drawdowns and indicate how
changes based on those lessons learned are being
implemented; and
(F) identify opportunities to minimize monetary
strains on non-Federal entities caused by increased
turbidity levels.
(c) Report on Security at Soo Locks, Michigan.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, 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 non-classified report that--
(A) highlights any security deficiencies that exist
with respect to the Soo Locks;
(B) highlights any supply chain, logistical, and
economic effects that would result from a malfunction or
failure of the Soo Locks;
(C) highlights any effects on the Great Lakes
Navigation System that would result from such a
malfunction or failure;
(D) highlights any potential threats to the
integrity of the Soo Locks;
(E) details the Corps of Engineers security measures
in place to protect the Soo Locks; and
(F) <<NOTE: Recommenda- tions. Cost
estimates.>> contains recommendations, as necessary, and
cost estimates for such recommendations, for--
(i) strengthening security measures for the
Soo Locks; and
(ii) reducing the effects on the supply chain
that would result from a malfunction or failure of
the Soo Locks.
(2) Soo locks defined.--In this subsection, the term ``Soo
Locks'' means the locks at Sault Sainte Marie, Michigan,
authorized by section 1149 of the Water Resources Development
Act of 1986 (100 Stat. 4254; 121 Stat. 1131).
(d) Report on Florida Seagrass Rehabilitation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 4 years, 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 any
planned or ongoing efforts to promote, rehabilitate, and enhance
the growth of seagrasses in Florida stormwater treatment areas.
(2) Requirements.--In carrying out subsection (a), the
Secretary shall coordinate with relevant Federal, State, and
local agencies and other regional stakeholders.
(3) Florida stormwater treatment area defined.--In this
subsection, the term ``Florida stormwater treatment area'' means
a stormwater treatment area in the State of Florida authorized
by or pursuant to section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786).
(e) Report on Shoreline Use Permits.--
[[Page 138 STAT. 3073]]
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 use of the authority
under part 327 of title 36, Code of Federal Regulations, with
respect to the issuance of new, or modifications to existing,
shoreline use permits at the Table Rock Lake project of the
Corps of Engineers, located in Missouri and Arkansas, authorized
as one of the multipurpose reservoir projects in the White River
Basin by section 4 of the Act of June 28, 1938 (chapter 795, 52
Stat. 1218).
(2) Contents.--The Secretary shall include in the report
required under paragraph (1)--
(A) <<NOTE: Review.>> a review of existing
regulatory and administrative requirements related to
the lease, rent, sublease, or other usage agreement by a
permittee for permitted facilities under a shore19 line
use permit, including a floating, non-floating, or
fixed-floating structure;
(B) a description of the authority and public-
interest rationale for such requirements, including
impacts on local businesses, property owners, and
prospective lessors, renters, or other contractual users
of such facilities; and
(C) a description of the authority for the transfer
of shoreline use permits upon transfer of the permitted
facility by sale or other means.
(f) Report on Relocation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 policies of the Corps of
Engineers relating to using property buyouts as part of coastal
storm risk management projects.
(2) Requirements.--In developing the report under paragraph
(1), the Secretary shall consider ways in which current policies
on mandatory property buyouts may--
(A) diminish the incentives for local communities to
work with the Corps of Engineers; and
(B) increase vulnerabilities of communities to flood
risk, including communities described in the guidance
issued by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note).
(g) Report on Fuel Efficiency.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, 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 fuel efficiency of each vessel
within the fleet of vessels owned by the Corps of Engineers.
(2) Contents.--In the report submitted under paragraph (1),
the Secretary shall include the following:
(A) <<NOTE: List.>> A list of vessels that are
commercially available and may be used to carry out the
missions of the Corps of Engineers that can be
incorporated into the fleet of
[[Page 138 STAT. 3074]]
vessels owned by the Corps of Engineers to increase fuel
efficiency of such fleet.
(B) <<NOTE: List.>> A list of modifications that can
be made to increase fuel efficiency of such fleet and
the associated cost of such modifications.
(C) <<NOTE: Cost analysis.>> A life cycle cost
analysis of replacing vessels owned by the Corps of
Engineers with vessels that are more fuel efficient.
(D) A description of technologies used or available
to the Secretary to evaluate fuel efficiency of each
vessel owned by the Corps of Engineers.
(E) A description of other opportunities to increase
fuel efficiency of each such vessel.
(F) A description of potential cost savings by
increasing fuel efficiency of such vessels.
(G) A description of State or local policies or
requirements regarding efficiencies or emissions of
vessels, or related technology, that the Secretary must
comply with at water resources development projects, and
any impact such policies and requirements have on
project costs.
(h) Report on Boat Ramps.--Not later than 1 year after the date of
enactment of this Act, 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
detailing--
(1) the number of boat ramps constructed by the Secretary
that are located at a site constructed, owned, operated, or
maintained by the Secretary;
(2) the number of such boat ramps that are operational; and
(3) the number of such boat ramps that require maintenance
in order to be made operational.
(i) Report on Bridge Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 bridges owned, operated, and
maintained by the Corps of Engineers.
(2) Requirements.--The Secretary shall include in the report
required under paragraph (1)--
(A) <<NOTE: List.>> a list of bridges carrying
passengers that are--
(i) not located in recreational areas; and
(ii) not required to be owned, operated, and
maintained by the Corps of Engineers for the
proper functioning of water resources development
projects;
(B) a description of the location of such bridges
and applicable State authority or political subdivision
to which has requested such bridges may be transferred
or conveyed under section 109 of the River and Harbor
Act of 1950 (33 U.S.C. 534); and
(C) a description of measures taken by the Corps of
Engineers to reduce the number of bridges owned,
operated, and maintained by the Corps of Engineers.
(j) Report on Minimum Real Estate Interest.--
(1) Sense of congress.--It is the sense of Congress that
through this Act, as well as through section 1115 of the Water
[[Page 138 STAT. 3075]]
Resources Development Act of 2018, Congress has provided the
Secretary all of the authority, and all of the direction, needed
to acquire interests in real estate that are less than fee
simple title.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, 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 indicating whether the Secretary
agrees with the sense of Congress in paragraph (1).
(3) Disagreement.--Should the result of report required by
paragraph (2) be that the Secretary disagrees with the sense of
Congress in paragraph (1), not later than 1 year after the date
of enactment of this Act, 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 specifying recommendations and
technical drafting assistance for statutory language that would
provide the Secretary the intended authority as expressed in
paragraph (1).
(k) Report on Ice Jam Prevention and Mitigation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on efforts by the Secretary to prevent
and mitigate flood damages associated with ice jams.
(2) Inclusion.--The Secretary shall include in the report
under paragraph (1)--
(A) <<NOTE: Assessment.>> an assessment of the
projects carried out pursuant to section 1150 of the
Water Resources Development Act of 2016 (33 U.S.C. 701s
note), if applicable; and
(B) a description of--
(i) the challenges associated with preventing
and mitigating ice jams;
(ii) the potential measures that may prevent
or mitigate ice jams, including the extent to
which additional research and the development and
deployment of technologies are necessary; and
(iii) actions taken by the Secretary to
provide non-Federal interests with technical
assistance, guidance, or other information
relating to ice jam events; and
(iv) how the Secretary plans to conduct
outreach and engagement with non-Federal interests
and other relevant State and local agencies to
facilitate an understanding of the circumstances
in which ice jams could occur and the potential
impacts to critical public infrastructure from ice
jams.
(l) Assessment.--
(1) In general.--The Secretary shall carry out an assessment
of the extent to which the existing authorities and programs of
the Secretary allow the Corps of Engineers to construct water
resources development projects abroad.
[[Page 138 STAT. 3076]]
(2) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(A) describes--
(i) the findings of the assessment under
paragraph (1);
(ii) how each authority and program assessed
under paragraph (1) has been used by the Secretary
to construct water resources development projects
abroad, if applicable; and
(iii) the extent to which the Secretary
partners with other Federal agencies when carrying
out such projects; and
(B) <<NOTE: Recommenda- tions.>> includes any
recommendations that result from the assessment under
paragraph (1).
SEC. 1206. ANNUAL REPORT ON HARBOR MAINTENANCE NEEDS AND TRUST
FUND EXPENDITURES.
(a) <<NOTE: 33 USC 2238 note.>> In General.--On the date on which
the budget of the President is submitted to Congress pursuant to section
1105 of title 31, United States Code, for fiscal year 2026, and for each
fiscal year thereafter, 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--
(1) with respect to the fiscal year for which the budget is
submitted, the operation and maintenance costs associated with
harbors and inland harbors described in section 210(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)),
including a description of the costs required to achieve and
maintain the constructed width and depth for such harbors and
inland harbors and the costs for expanded uses at eligible
harbors and inland harbors (as defined in section 210(d)(2) of
such Act), on a project-by-project basis;
(2) as of the date on which the report is submitted,
expenditures and deposits into the Harbor Maintenance Trust Fund
established under section 9505 of the Internal Revenue Code of
1986;
(3) an identification of the amount of funding requested in
the budget of the President for the operation and maintenance
costs associated with such harbors and inland harbors, on a
project-by-project basis;
(4) an explanation of how the amount of funding described in
paragraph (2) complies with the requirements of section 102 of
the Water Resources Development Act of 2020 (33 U.S.C. 2238
note);
(5) an identification of the unmet operation and maintenance
needs associated with such harbors and inland harbors, on a
project-by-project basis, that remains after accounting for the
amount identified under paragraph (3); and
(6) a description of deposits made into the Harbor
Maintenance Trust Fund in the fiscal year preceding the fiscal
year of the applicable budget submission and the sources of such
deposits.
(b) Additional Requirement.--In the first report required to be
submitted under subsection (a), the Secretary shall identify,
[[Page 138 STAT. 3077]]
to the maximum extent practicable, transportation cost savings realized
by achieving and maintaining the constructed width and depth for the
harbors and inland harbors described in section 210(a)(2) of the Water
Resources Development Act of 1986, on a project-by-project basis.
(c) <<NOTE: Web posting.>> Public Availability.--The Secretary shall
make the report submitted under subsection (a) publicly available,
including on a publicly available website.
(d) <<NOTE: Repeals.>> Conforming Amendments.--
(1) Assessment of harbors and inland harbors.--Section
210(e)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(e)(3)) is repealed.
(2) Harbor maintenance trust fund deposits and
expenditures.--Section 330 of the Water Resources Development
Act of 1992 (26 U.S.C. 9505 note) and the item related to such
section in the table of contents for such Act, are repealed.
SEC. 1207. CRAIG HARBOR, ALASKA.
The cost of completing a general reevaluation report for the project
for navigation, Craig Harbor, Alaska, authorized by section 1401(1) of
the Water Resources Development Act of 2016 (130 Stat. 1708) shall be at
Federal expense.
SEC. 1208. <<NOTE: Determinations.>> STUDIES FOR MODIFICATION OF
PROJECT PURPOSES IN THE COLORADO RIVER
BASIN IN ARIZONA.
(a) Study.--The Secretary shall carry out a study of a project of
the Corps of Engineers in the Colorado River Basin in the State of
Arizona to determine whether to include water supply as a project
purpose of that project if a request for such a study to modify the
project purpose is made to the Secretary by--
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-
Federal interest, the Governor of the State of Arizona.
(b) Coordination.--The Secretary, to the maximum extent practicable,
shall coordinate with relevant State and local authorities in carrying
out this section.
(c) Recommendations.--If, after carrying out a study under
subsection (a) with respect to a project described in that subsection,
the Secretary determines that water supply should be included as a
project purpose for that project, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a recommendation for the modification of the project
purpose of that project.
SEC. 1209. BEAVER LAKE, ARKANSAS, REALLOCATION STUDY.
The Secretary shall expedite the completion of a study for the
reallocation of water supply storage, carried out in accordance with
section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), for the
Beaver Water District, Beaver Lake, Arkansas.
SEC. 1210. OCEANSIDE, CALIFORNIA.
The Secretary--
(1) shall--
(A) expedite the completion of the study of plans
for mitigation and beach restoration authorized by
section 414
[[Page 138 STAT. 3078]]
of the Water Resources Development Act of 2000 (114
Stat. 2636); and
(B) <<NOTE: Plan.>> produce a report of the Chief of
Engineers with a recommended plan for mitigation and
beach restoration based on updated sediment sampling and
analysis; and
(2) <<NOTE: Determination.>> may, if the Secretary
determines that the mitigation and beach restoration plans
described in such study are technically feasible and
environmentally acceptable, proceed directly to preconstruction
planning, engineering, and design of the mitigation and beach
restoration work.
SEC. 1211. DELAWARE INLAND BAYS WATERSHED STUDY.
(a) In General.--The Secretary shall carry out a study on the
restoration of aquatic ecosystems in the Delaware Inland Bays watershed.
(b) Requirements.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary shall--
(A) <<NOTE: Analysis.>> conduct a comprehensive
analysis of ecosystem restoration needs in the Delaware
Inland Bays watershed, including--
(i) saltmarsh restoration;
(ii) shoreline stabilization; and
(iii) stormwater management;
(B) identify sources for the beneficial use of
dredged materials; and
(C) <<NOTE: Recommenda- tion.>> recommend
feasibility studies for projects to address the needs
identified under this paragraph.
(2) Natural or nature-based features.--To the maximum extent
practicable, a feasibility study that is recommended under
paragraph (1)(C) shall consider the use of natural features or
nature-based features (as those terms are defined in section
1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a))).
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In carrying out the study under
subsection (a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate by
the Secretary.
(2) Use of existing data.--To the maximum extent
practicable, in carrying out the study under subsection (a), the
Secretary shall use existing data provided to the Secretary by
entities described in paragraph (1).
(d) Feasibility Studies.--
(1) In general.--The Secretary is authorized to conduct
feasibility studies recommended under subsection (b)(1)(C).
(2) Congressional authorization.--The Secretary may not
begin construction for a project recommended by a feasibility
study described in paragraph (1) unless the project has been
authorized by Congress.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
includes--
[[Page 138 STAT. 3079]]
(1) the results of the study carried out under subsection
(a); and
(2) a description of actions taken under this section,
including any feasibility studies conducted under subsection
(b)(1)(C).
SEC. 1212. SUSSEX COUNTY, DELAWARE.
(a) Sense of Congress.--It is the sense of Congress that consistent
nourishments of Lewes Beach, Delaware, are important for the safety and
economic prosperity of Sussex County, Delaware.
(b) General Reevaluation Report.--
(1) In general.--The Secretary shall carry out a general
reevaluation report for the project for Delaware Bay Coastline,
Roosevelt Inlet, and Lewes Beach, Delaware.
(2) <<NOTE: Determination.>> Inclusions.--The general
reevaluation report under paragraph (1) shall include a
determination of--
(A) the area that the project should include; and
(B) how section 111 of the River and Harbor Act of
1968 (33 U.S.C. 426i) should be applied with respect to
the project.
SEC. 1213. J. STROM THURMOND LAKE, GEORGIA.
(a) Encroachment Resolution Plan.--
(1) In general.--Subject to paragraph (2), the Secretary
shall prepare, and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, an
encroachment resolution plan for a portion of the project for
flood control, recreation, and fish and wildlife management, J.
Strom Thurmond Lake, Georgia and South Carolina, authorized by
section 10 of the Act of December 22, 1944 (chapter 665, 58
Stat. 894).
(2) <<NOTE: Applicability.>> Limitation.--The encroachment
resolution plan under paragraph (1) shall only apply to
encroachments known to the U.S. Army Corps of Engineers as of
the effective date of this provision on the portion of the J.
Strom Thurmond Lake project lands that abut the six (6) former
Cottage Site properties, situated in Georgia and previously
disposed of by the United States, known as Keg Creek, Ridge
Road, Rousseau Creek, Soap Creek, Pistol Creek, and Elbert
County Subdivisions.
(b) Contents.--Subject to subsection (c), the encroachment
resolution plan under subsection (a) shall include--
(1) a description of the nature and number of encroachments;
(2) a description of the circumstances that contributed to
the development of the encroachments;
(3) <<NOTE: Assessment.>> an assessment of the impact of the
encroachments on operation and maintenance of the project
described in subsection (a) for its authorized purposes;
(4) <<NOTE: Analysis.>> an analysis of alternatives to the
removal of encroachments to mitigate any impacts identified in
the assessment under paragraph (3);
(5) a description of any actions necessary or advisable to
prevent further encroachments; and
(6) <<NOTE: Cost estimate. Timeline.>> an estimate of the
cost and timeline to carry out the plan, including actions
described under paragraph (5).
[[Page 138 STAT. 3080]]
(c) Restriction.--To the maximum extent practicable, the
encroachment resolution plan under subsection (a) shall minimize adverse
impacts to private landowners while maintaining the functioning of the
project described in that subsection for its authorized purposes.
(d) Notice and Public Comment.--
(1) To owners.--In preparing the encroachment resolution
plan under subsection (a), not later than 30 days after the
Secretary identifies an encroachment, the Secretary shall notify
the owner of the encroachment.
(2) To public.--The Secretary shall provide an opportunity
for the public to comment on the encroachment resolution plan
under subsection (a) before the completion of the plan.
(e) Moratorium.--The Secretary shall not take action to compel
removal of an encroachment covered by the encroachment resolution plan
under subsection (a) unless Congress specifically authorizes such
action.
(f) Savings Provision.--This section does not--
(1) grant any rights to the owner of an encroachment; or
(2) impose any liability on the United States for operation
and maintenance of the project described in subsection (a) for
its authorized purposes.
SEC. 1214. ALGIERS CANAL LEVEES, LOUISIANA.
Section 8340(a) of the Water Resources Development Act of 2022 (136
Stat. 3795) is amended--
(1) by striking ``resume operation, maintenance, repair,
rehabilitation, and replacement of the'' and inserting
``operate, maintain, repair, replace, and rehabilitate all
features of the West Bank and Vicinity, New Orleans, Louisiana
Hurricane Protection Project along the''; and
(2) by striking ``Levees, Louisiana''.
SEC. 1215. UPPER BARATARIA BASIN AND MORGANZA TO THE GULF OF
MEXICO CONNECTION, LOUISIANA.
(a) <<NOTE: Evaluation.>> In General.--The Secretary shall evaluate
constructing a connection between the Upper Barataria Basin Hurricane
and Storm Damage Risk Reduction project, Louisiana, authorized by
section 8401(3) of the Water Resources Development Act of 2022 (136
U.S.C. 3839), and the project for hurricane and storm damage reduction,
Morganza to the Gulf of Mexico, Louisiana, authorized by section
1001(24) of the Water Resources Development Act of 2007 (121 Stat.
1053).
(b) <<NOTE: Recommenda- tions.>> Submission to Congress.--Not later
than 1 year after the date of enactment of this Act, the Secretary shall
complete the evaluation described in subsection (a) 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 any recommendations related to constructing a connection between
the projects described in such subsection.
SEC. 1216. POOR FARM POND DAM, WORCESTER, MASSACHUSETTS.
(a) In General.--The Secretary shall carry out a disposition study
under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for
the deauthorization and potential removal of the Poor Farm Pond Dam,
Worcester, Massachusetts.
[[Page 138 STAT. 3081]]
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, 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 status of the disposition study required under subsection (a).
SEC. 1217. NEW JERSEY HOT SPOT EROSION MITIGATION.
(a) In General.--The Secretary shall conduct one or more studies on
the effects of hot spot erosion on authorized coastal storm risk
management projects in the State of New Jersey, which shall include,
with respect to each affected project included in a study--
(1) the specific area of the project that is affected by hot
spot erosion; and
(2) the impact of hot spot erosion on the effectiveness of
the project in meeting the purpose of coastal storm risk
management.
(b) Form.--A study conducted under subsection (a) may be in the form
of a general reevaluation report, an engineering documentation report,
or any other method of assessment that the Secretary determines
appropriate.
(c) Recommendations.--Based on the study or studies carried out
under subsection (a), the Secretary shall develop recommendations for
mitigating the effects of hot spot erosion on authorized coastal storm
risk management projects in the State of New Jersey, which may include
recommendations relating to--
(1) the design and construction of seawalls, jetties, berms,
groins, breakwaters, or other physical structures;
(2) the use of natural features and nature-based features,
including living shorelines; and
(3) modifications to authorized project designs or
renourishment schedules.
(d) Hot Spot Erosion Defined.--In this section, the term ``hot spot
erosion'' means the loss of sediment in a specific, concentrated area,
significantly faster than in immediately surrounding areas, due to
natural processes.
SEC. 1218. <<NOTE: Recommenda- tions.>> NEW JERSEY SHORE
PROTECTION, NEW JERSEY.
In carrying out any study pursuant to the study resolution of the
Committee on Public Works and Transportation of the House of
Representatives dated December 10, 1987, the Secretary is authorized to
include recommendations for ecosystem restoration.
SEC. 1219. EXCESS LAND REPORT FOR CERTAIN PROJECTS IN NORTH
DAKOTA.
(a) <<NOTE: Determination.>> In General.--Not later than 1 year
after the date of enactment of this Act, and subject to subsection (b),
the Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that identifies
any real property associated with the project of the Corps of Engineers
at Lake Oahe, North Dakota, that the Secretary determines--
(1) is not needed to carry out the authorized purposes of
the project; and
(2) may be transferred to the Standing Rock Sioux Tribe to
support recreation opportunities for the Tribe, including, at a
minimum--
[[Page 138 STAT. 3082]]
(A) Walker Bottom Marina, Lake Oahe;
(B) Fort Yates Boat Ramp, Lake Oahe;
(C) Cannonball District, Lake Oahe; and
(D) any other real property that may be used for
recreation opportunities identified by the Tribe.
(b) <<NOTE: Determination.>> Inclusion.--If the Secretary determines
that there is not any real property that may be transferred to the
Standing Rock Sioux Tribe as described in subsection (a), the Secretary
shall include in the report required under that subsection--
(1) <<NOTE: List.>> a list of the real property considered
by the Secretary;
(2) an explanation of why the real property identified under
paragraph (1) is needed to carry out the authorized purposes of
the project described in subsection (a); and
(3) a description of how the Secretary has recently utilized
the real property identified under paragraph (1) to carry out
the authorized purpose of the project described in subsection
(a).
SEC. 1220. ALLEGHENY RIVER, PENNSYLVANIA.
It is the sense of Congress that--
(1) the Allegheny River is an important waterway that can be
utilized more to support recreational, environmental, and
navigation needs in Pennsylvania;
(2) ongoing efforts to increase utilization of the Allegheny
River will require consistent hours of service at key locks and
dams; and
(3) to the maximum extent practicable, the lockage levels of
service at locks and dams along the Allegheny River should be
preserved until after the completion of the feasibility study
for the project for navigation and ecosystem restoration,
Allegheny River, Pennsylvania, authorized by section 1201.
SEC. 1221. BUFFALO BAYOU TRIBUTARIES AND RESILIENCY STUDY, TEXAS.
(a) In General.--The Secretary shall expedite completion of the
Buffalo Bayou Tributaries and Resiliency Study, Texas, carried out
pursuant to title IV of the Bipartisan Budget Act of 2018 (132 Stat.
76).
(b) <<NOTE: Recommenda- tions.>> Reports.--The final report of the
Chief of Engineers for the study described in subsection (a) shall
contain recommendations for projects that--
(1) align with community objectives;
(2) avoid or minimize adverse effects on the environment and
community; and
(3) promote the resiliency of infrastructure.
(c) Deadline.--Not later than December 31, 2025, 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 the final report described in subsection (b).
SEC. 1222. LAKE O' THE PINES, TEXAS.
(a) <<NOTE: Determination.>> In General.--Not later than 1 year
after date on enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report that identifies opportunities for potential exchange of
land or flowage easements associated with the Lake O' the Pines, Texas,
[[Page 138 STAT. 3083]]
project in and adjacent to tract LP-E-546-1E that the Secretary
determines could be accomplished consistent with the existing project
purposes of the Lake O' the Pines, Texas, project.
(b) Lake O' the Pines, Texas, Project Defined.--In this section, the
term ``Lake O' the Pines, Texas, project'' means the portion of the
general plan for flood control on Red River, Texas, Oklahoma, Arkansas,
and Louisiana, below Denison Dam, Texas and Oklahoma, authorized by
section 10 of the Flood Control Act of 1946 (60 Stat. 647), at Lake O'
the Pines, Texas.
SEC. 1223. MATAGORDA SHIP CHANNEL IMPROVEMENT PROJECT, TEXAS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary should provide the necessary resources to expedite the
completion of the required documentation for the Matagorda Ship Channel
Improvement Project in order to ensure that the project is not further
delayed.
(b) <<NOTE: Records.>> Expedite.--The Secretary shall, to the
maximum extent practicable, expedite the completion of the required
documentation for the Matagorda Ship Channel Improvement Project,
including--
(1) the supplemental environmental impact statement and the
associated record of decision;
(2) the dredged material management plan; and
(3) a post-authorization change report, if applicable.
(c) Preconstruction Planning, Engineering, and Design.--If
the <<NOTE: Determination.>> Secretary determines that the Matagorda
Ship Channel Improvement Project is justified in a completed report and
if the project requires an additional authorization from Congress
pursuant to that report, the Secretary shall proceed directly to
preconstruction planning, engineering, and design on the project.
(d) Definition of Matagorda Ship Channel Improvement Project.--In
this section, the term ``Matagorda Ship Channel Improvement Project''
means the project for navigation, Matagorda Ship Channel Improvement
Project, Port Lavaca, Texas, authorized by section 401(1) of the Water
Resources Development Act of 2020 (134 Stat. 2734).
SEC. 1224. <<NOTE: Applicability.>> WACO LAKE, TEXAS.
The Secretary shall, to the maximum extent practicable, expedite the
review of, and give due consideration to, the request from the City of
Waco, Texas, that the Secretary apply section 147 of the Water Resources
Development Act of 2020 (33 U.S.C. 701q-1) to the embankment adjacent to
Waco Lake in Waco, Texas.
SEC. 1225. COASTAL WASHINGTON.
(a) In General.--The Secretary is authorized to carry out
comprehensive studies for riverine and coastal flooding of coastal areas
in the State of Washington.
(b) Requirements.--In carrying out a study under subsection (a), the
Secretary shall--
(1) <<NOTE: Analysis.>> conduct a comprehensive analysis of
current riverine and coastal flooding and corresponding risk
reduction measures with an emphasis on resiliency to maintain or
enhance current levels of risk management in response to
changing conditions;
(2) establish a method of projecting sea level rise with
limited tide gage information and develop applicable tools to
address the unique coastal flooding process in the Pacific
Northwest region;
[[Page 138 STAT. 3084]]
(3) conduct research and development to understand the
atmospheric, oceanic, geologic, and coastal forcing and response
conditions necessary to develop a numerical modeling system that
may be used for developing coastal hazard data, and how to best
include that information in such a modeling system;
(4) identify coastal vulnerabilities and risks in riverine
and coastal areas due to sea level change, extreme weather, and
increased coastal storm risk;
(5) identify Tribal and economically disadvantaged
communities (as defined by the Secretary under section 160 of
the Water Resources Development Act of 2020 (33 U.S.C. 2201
note)) with riverine and coastal flooding vulnerabilities and
risks; and
(6) <<NOTE: Recommenda- tions.>> recommend actions necessary
to protect critical public infrastructure, communities, and
critical natural or cultural resources.
(c) Data Needs.--In carrying out this section, the Secretary shall,
to the maximum extent practicable and where appropriate, use existing
data provided to the Secretary by Federal and State agencies, Indian
Tribes, and other stakeholders, including data obtained through other
Federal programs.
SEC. 1226. KANAWHA RIVER BASIN.
Section 1207 of the Water Resources Development Act of 2016 (130
Stat. 1686) is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(2) by adding at the end the following:
``(b) <<NOTE: West Virginia.>> Projects and Separable Elements.--For
an authorized project or a separable element of an authorized project
that is recommended as a result of a study carried out by the Secretary
under subsection (a) benefitting an economically disadvantaged community
(as defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)) in the State of West
Virginia, the non-Federal share of the cost of the project or separable
element of a project shall be 10 percent.''.
SEC. 1227. UPPER MISSISSIPPI RIVER SYSTEM FLOOD RISK AND
RESILIENCY STUDY.
(a) <<NOTE: Evaluation. Recommenda- tions.>> In General.--The
Secretary shall conduct a study to evaluate and recommend local and
systemic measures to improve flood resiliency and reduce flood risk in
the floodplain, including the floodway, of the Upper Mississippi River
System.
(b) <<NOTE: Recommenda- tions.>> Components.--In carrying out the
study required under subsection (a), the Secretary shall--
(1) develop recommendations to reduce costs and damages
associated with flooding and enable people located in areas
adjacent to, and economies dependent on, the Upper Mississippi
River System to be more resilient to flood events;
(2) identify opportunities to support navigation,
environmental sustainability, and environmental restoration
goals for the Upper Mississippi River System, including
recommending measures that are incidental flood risk measures
that may achieve such goals;
(3) describe the existing flood risk conditions of the Upper
Mississippi River System;
[[Page 138 STAT. 3085]]
(4) develop and recommend integrated, comprehensive, and
systems-based approaches for flood risk reduction and floodplain
management to minimize the threat to life, health, safety, and
property resulting from flooding by using structural and
nonstructural measures in the Upper Mississippi River System;
(5) <<NOTE: Investigation.>> investigate and provide
recommendations for modifications to authorized water resources
development projects in Upper Mississippi River States within
the floodplain of the Upper Mississippi River System, including
modifications to the authorized purposes of such projects to
further flood risk management and resiliency;
(6) <<NOTE: Analysis. Determination.>> perform a systemic
analysis of flood resiliency and flood risk to determine the
feasibility of protecting authorized water resources development
projects for flood control and navigation in the Upper
Mississippi River System;
(7) <<NOTE: Management plans.>> develop management plans and
actions, to be carried out by the responsible Federal agency or
State government, to reduce flood risk and improve resiliency in
the Upper Mississippi River System;
(8) identify and provide recommendations for any necessary
changes to Federal or State law to carry out recommendations
provided pursuant to this section;
(9) recommend followup studies of problem areas in the Upper
Mississippi River System for which data or technology does not
allow immediate solutions; and
(10) recommend additional monitoring of, or systemic
adaptive management measures for, authorized water resources
development projects to respond to changing conditions in the
Upper Mississippi River System.
(c) Coordination and Consultation.--In carrying out the study
required under subsection (a), the Secretary shall--
(1) coordinate with the Upper Mississippi River States,
including collectively through the Upper Mississippi River Basin
Association;
(2) consult with the appropriate Federal agencies, levee and
drainage districts, and units of local government, and the
Mississippi River Commission; and
(3) seek and consider input from the Upper Mississippi
navigation industry, agriculture and conservation organizations,
and other interested parties in such States.
(d) Continuation of Study.--The following studies shall be
considered a continuation of the study carried out under subsection (a):
(1) Any study recommended to be carried out in a report that
the Chief of Engineers prepares for the study conducted under
this section.
(2) Any study spun off from the study conducted under this
section before completion of such study.
(e) Corps of Engineers District.--The Secretary shall carry out the
study required under subsection (a) through the St. Louis District in
the Mississippi Valley Division of the Corps of Engineers.
(f) Cost Share.--The Federal share of the cost of the study carried
out under subsection (a) and any study carried out pursuant to
subsection (d) shall be 75 percent.
(g) Definitions.--In this section:
[[Page 138 STAT. 3086]]
(1) Upper mississippi river state.--The term ``Upper
Mississippi River State'' means any of the States of Illinois,
Iowa, Minnesota, Missouri, or Wisconsin.
(2) Upper mississippi river system.--The term ``Upper
Mississippi River System'' has the meaning given the term in
section 1103(b) of the Water Resources Development Act of 1986
(33 U.S.C. 652(b)).
SEC. 1228. BRIEFING ON STATUS OF CERTAIN ACTIVITIES ON MISSOURI
RIVER.
(a) In General.--Not later than 30 days after the date on which the
consultation under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) that was reinitiated by the Secretary for the operation of
the Missouri River Mainstem Reservoir System, the operation and
maintenance of the Bank Stabilization and Navigation Project, the
operation of the Kansas River Reservoir System, and the implementation
of the Missouri River Recovery Management Plan is completed, the
Secretary shall brief on the outcomes of such consultation the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(b) Requirements.--The briefing required under subsection (a) shall
include a discussion of--
(1) any biological opinions that result from the
consultation described under subsection (a), including any
actions that the Secretary is required to undertake pursuant to
such biological opinions; and
(2) any forthcoming requests from the Secretary to Congress
to provide funding in order carry out the actions described in
paragraph (1).
SEC. 1229. OGALLALA AQUIFER.
(a) In General.--The Secretary, in coordination with relevant
Federal and state agencies and non-Federal interests, is authorized to
conduct a comprehensive study on water supply, availability, drought
resilience, aquifer recharge, and causes of aquifer depletion, for those
regions overlying the Ogallala Aquifer.
(b) Savings Clause.--Nothing in this section shall be construed as
authorizing a feasibility study or providing construction authority for
any project to divert or facilitate the diversion of water outside of
the Missouri River Basin.
SEC. 1230. NATIONAL ACADEMY OF SCIENCES STUDY ON UPPER RIO GRANDE
BASIN.
(a) <<NOTE: Contracts.>> In General.--The Secretary shall seek to
enter into an agreement with the National Academy of Sciences to prepare
a report containing--
(1) the results of a study on the management and operations
by the Corps of Engineers of the dams and reservoirs in the
Upper Rio Grande Basin, including the Heron, El Vado, Abiquiu,
Cochiti, Jemez Canyon, and Elephant Butte dams and reservoirs;
and
(2) <<NOTE: Recommenda- tions.>> recommendations for future
management and operation strategies for the Corps of Engineers
for such dams and reservoirs with a goal of optimizing currently
authorized project purposes and enhancing resiliency, including
to drought and weather variations.
[[Page 138 STAT. 3087]]
(b) Consultation.--In preparing the report under subsection (a), the
National Academy of Sciences shall consult with relevant Federal
agencies.
(c) Report.--Not later than 2 years after the date of enactment of
this section, 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 the report
prepared under subsection (a).
SEC. 1231. <<NOTE: New York.>> UPPER SUSQUEHANNA RIVER BASIN
COMPREHENSIVE FLOOD DAMAGE REDUCTION
FEASIBILITY STUDY.
(a) In General.--The Secretary shall, at the request of a non-
Federal interest, complete a feasibility study for comprehensive flood
damage reduction, Upper Susquehanna River Basin, New York.
(b) Requirements.--In carrying out the feasibility study under
subsection (a), the Secretary shall--
(1) use, for purposes of meeting the requirements of a final
feasibility study, information from the feasibility study
completion report entitled ``Upper Susquehanna River Basin, New
York, Comprehensive Flood Damage Reduction'' and dated January
2020; and
(2) re-evaluate project benefits, as determined using the
framework described in the final rule promulgated by the Corps
of Engineers under Docket Number COE-2023-0005, including a
consideration of economically disadvantaged communities (as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)).
SEC. 1232. TECHNICAL CORRECTION, WALLA WALLA RIVER.
Section 8201(a)(76) of the Water Resources Development Act of 2022
(136 Stat. 3744) is amended to read as follows:
``(76) Walla walla river basin, oregon and washington.--
``(A) Nursery reach, walla walla river, oregon.--
Project for ecosystem restoration, Nursery Reach, Walla
Walla River, Oregon.
``(B) Mill creek, walla walla river basin,
washington.--Project for ecosystem restoration, Mill
Creek and Mill Creek Flood Control Zone District
Channel, Washington.''.
SEC. 1233. <<NOTE: Review. North Dakota. South Dakota.>> DAM
SAFETY ASSURANCE CONSIDERATION.
The Secretary shall expedite the review of, and give due
consideration to, a request from the relevant Federal power marketing
administration that the Secretary apply section 1203 of the Water
Resources Development Act of 1986 (33 U.S.C. 467n) to the projects for
dam safety at Garrison Dam, North Dakota and Oahe Dam, South Dakota.
SEC. 1234. <<NOTE: Time periods.>> SEA SPARROW ACCOUNTING.
(a) <<NOTE: Data.>> In General.--The Secretary shall share data and
coordinate with relevant Federal, State, and local agencies to obtain an
accurate count of Cape Sable Seaside Sparrows in Florida during each
year and, to the maximum extent practicable, during the 5-year period
preceding each such year.
(b) Submission of Information to Congress.--Not later than 90 days
after the date of enactment of this Act, and annually
[[Page 138 STAT. 3088]]
thereafter during the 10-year period beginning on such date of
enactment, 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 the information obtained
under subsection (a).
SEC. 1235. REPORT ON EFFORTS TO MONITOR, CONTROL, AND ERADICATE
INVASIVE SPECIES.
(a) Definition of Invasive Species.--In this section, the term
``invasive species'' has the meaning given the term in section 1 of
Executive Order 13112 (42 U.S.C. 4321 note; relating to invasive
species).
(b) Assessment.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct, and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of, an assessment of the efforts by the Secretary
to monitor, control, and eradicate invasive species at water resources
development projects across the United States.
(c) Requirements.--The report under subsection (b) shall include--
(1) a description of--
(A) the statutory authorities and programs used by
the Secretary to monitor, control, and eradicate
invasive species at water resources development
projects; and
(B) a geographically diverse sample of successful
projects and activities carried out by the Secretary to
monitor, control, and eradicate invasive species at
water resources development projects;
(2) a discussion of--
(A) the impact of invasive species on the ability of
the Secretary to carry out the civil works mission of
the Corps of Engineers;
(B) the research conducted and techniques and
technologies used by the Secretary consistent with the
applicable statutory authorities described in paragraph
(1)(A) to monitor, control, and eradicate invasive
species at water resources development projects; and
(C) the extent to which the Secretary has partnered
with States and units of local government to monitor,
control, and eradicate invasive species at water
resources development projects within the boundaries of
those States or units of local government;
(3) <<NOTE: Update.>> an update on the status of the plan
developed by the Secretary pursuant to section 1108(c) of the
Water Resources Development Act of 2018 (33 U.S.C. 2263a(c));
and
(4) <<NOTE: Recommenda- tions.>> recommendations, including
legislative recommendations, to further the efforts of the
Secretary to monitor, control, and eradicate invasive species at
water resources development projects.
SEC. 1236. DEADLINE FOR PREVIOUSLY REQUIRED LIST OF COVERED
PROJECTS.
Notwithstanding the deadline in paragraph (1) of section 8236(c) of
the Water Resources Development Act of 2022 (136 Stat. 3769), the
Secretary shall provide to the Comptroller General of the United States
the list of covered ongoing water resources
[[Page 138 STAT. 3089]]
development projects under that paragraph by not later than 30 days
after the date of enactment of this Act.
SEC. 1237. EXAMINATION OF REDUCTION OF MICROPLASTICS.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary, acting through the Director of
the Engineer Research and Development Center and, where appropriate, in
consultation with other Federal agencies, shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that identifies potential measures that may be implemented to
reduce the release of microplastics into the environment associated with
carrying out the civil works missions of the Corps of Engineers.
(b) Focus Areas.--In carrying out subsection (a), the Secretary
shall, at a minimum,--
(1) <<NOTE: Review.>> review and identify measures to reduce
the release of microplastics associated with sandblasting or
hydro-blasting vessels owned or operated by the Corps of
Engineers;
(2) <<NOTE: Determination.>> determine the extent to which
natural features or nature-based features can be used
effectively to reduce the release of microplastics into the
environment; and
(3) describe the potential costs and benefits, and the
effects on the timeline for carrying out water resources
development projects, of implementing measures to reduce the
release of microplastics into the environment.
SEC. 1238. <<NOTE: Hawaii. New Mexico.>> POST-DISASTER WATERSHED
ASSESSMENT FOR IMPACTED AREAS.
(a) In General.--The Secretary shall carry out a post-disaster
watershed assessment under section 3025 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2267b) for the following areas:
(1) Areas of Maui, Hawaii, impacted by the August 2023
wildfires.
(2) Areas near Belen, New Mexico, impacted by the April 2022
wildfires.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representative and the
Committee on Environment and Public Works of the Senate a report on the
status of the post-disaster watershed assessments carried out under
subsection (a).
SEC. 1239. STUDY ON LAND VALUATION PROCEDURES FOR THE TRIBAL
PARTNERSHIP PROGRAM.
(a) Definition of Tribal Partnership Program.--In this section, the
term ``Tribal Partnership Program'' means the Tribal Partnership Program
established under section 203 of the Water Resources Development Act of
2000 (33 U.S.C. 2269).
(b) Study Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall carry out, and submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a study on
appropriate procedures for determining the value of real estate and
cost-share contributions for projects under the Tribal Partnership
Program.
[[Page 138 STAT. 3090]]
(c) Requirements.--The report required under subsection (b) shall
include--
(1) <<NOTE: Evaluation.>> an evaluation of the procedures
used for determining the valuation of real estate and
contribution of real estate value to cost-share for projects
under the Tribal Partnership Program, including consideration of
cultural factors that are unique to the Tribal Partnership
Program and land valuation;
(2) a description of any existing Federal authorities that
the Secretary intends to use to implement policy changes that
result from the evaluation under paragraph (1); and
(3) <<NOTE: Recommenda- tions.>> recommendations for any
legislation that may be needed to revise land valuation or cost-
share procedures for the Tribal Partnership Program pursuant to
the evaluation under paragraph (1).
SEC. 1240. REPORT TO CONGRESS ON LEVEE SAFETY GUIDELINES.
(a) Definition of Levee Safety Guidelines.--In this section, the
term ``levee safety guidelines'' means the levee safety guidelines
established under section 9005(c) of the Water Resources Development Act
of 2007 (33 U.S.C. 3303a(c)).
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in coordination with other applicable Federal
agencies, shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the levee safety guidelines.
(c) Inclusions.--The report under subsection (b) shall include--
(1) a description of--
(A) the levee safety guidelines;
(B) the process utilized to develop the levee safety
guidelines; and
(C) the extent to which the levee safety guidelines
are being used by Federal, State, Tribal, and local
agencies;
(2) <<NOTE: Assessment.>> an assessment of the requirement
for the levee safety guidelines to be voluntary and a
description of actions taken by the Secretary and other
applicable Federal agencies to ensure that the guidelines are
voluntary; and
(3) <<NOTE: Recommenda- tions.>> any recommendations of the
Secretary, including the extent to which the levee safety
guidelines should be revised.
SEC. 1241. <<NOTE: 33 USC 2201 note.>> PUBLIC-PRIVATE PARTNERSHIP
USER'S GUIDE.
(a) <<NOTE: Public information. Web posting.>> In General.--Not
later than 1 year after the date of enactment of this Act, the Secretary
shall develop and make publicly available on an existing website of the
Corps of Engineers a guide on the use of public-private partnerships for
water resources development projects.
(b) Inclusions.--In developing the guide under subsection (a), the
Secretary shall include--
(1) a description of--
(A) applicable authorities and programs of the
Secretary that allow for the use of public-private
partnerships to carry out water resources development
projects; and
(B) opportunities across the civil works program of
the Corps of Engineers for the use of public-private
partnerships, including at recreational facilities;
[[Page 138 STAT. 3091]]
(2) <<NOTE: Summary.>> a summary of prior public-private
partnerships for water resources development projects, including
lessons learned and best practices from those partnerships and
projects;
(3) a discussion of--
(A) the roles and responsibilities of the Corps of
Engineers and non-Federal interests when using a public-
private partnership for a water resources development
project, including the opportunities for risk-sharing;
and
(B) the potential benefits associated with using a
public-private partnership for a water resources
development project, including the opportunities to
accelerate funding as compared to the annual
appropriations process; and
(4) a description of the process for executing a project
partnership agreement for a water resources development project,
including any unique considerations when using a public-private
partnership.
(c) Flexibility.--The Secretary may satisfy the requirements of this
section by modifying an existing partnership handbook in accordance with
this section.
SEC. 1242. REVIEW OF AUTHORITIES AND PROGRAMS FOR ALTERNATIVE
DELIVERY METHODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and subject to subsections (b) and (c), the Secretary shall
carry out a study of the authorities and programs of the Corps of
Engineers that facilitate the use of alternative delivery methods for
water resources development projects.
(b) Requirements.--In carrying out the study under subsection (a)--
(1) the authorities and programs that are studied shall
include--
(A) section 204 of the Water Resources Development
Act of 1986 (33 U.S.C. 2232);
(B) section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b); and
(C) section 5014 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note); and
(2) the Secretary shall--
(A) <<NOTE: Evaluation.>> evaluate the
implementation challenges, if any, associated with the
authorities and programs described in paragraph (1);
(B) <<NOTE: Analysis.>> analyze the quantity and
types of technical assistance provided to non-Federal
interests by the Secretary under the programs and
authorities described in paragraph (1); and
(C) <<NOTE: Assessments.>> assess--
(i) how each authority and program described
in paragraph (1) has been used by the Secretary
and, if applicable, the non-Federal interest to
facilitate an alternative delivery method;
(ii) the roles and responsibilities of the
Secretary and the non-Federal interest under the
authorities and programs described in paragraph
(1); and
(iii) the benefits to the Civil Works Program
of the Corps of Engineers that have accrued from
carrying out a water resources development project
under 1
[[Page 138 STAT. 3092]]
or more of the programs and authorities described
in paragraph (1).
(c) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that--
(1) describes the findings of the study under subsection
(a); and
(2) includes--
(A) <<NOTE: List.>> a list of the water resources
development projects that have been carried out pursuant
to the authorities and programs described in subsection
(b)(1);
(B) a description of the lessons learned and best
practices identified by the Secretary with respect to
carrying out the authorities and programs described in
subsection (b)(1); and
(C) <<NOTE: Recommenda- tions.>> any recommendations
to facilitate an increased use of an alternative
delivery method for water resources development
projects, including legislative recommendations.
(d) <<NOTE: Update.>> Guidance.--Not later than 18 months after the
date on which the report required under subsection (c) is submitted, the
Secretary shall, as necessary, update any implementation guidance to
reflect the findings of the study under subsection (a).
(e) Definition of Alternative Delivery Method.--In this section, the
term ``alternative delivery method'' means a project delivery method
that is not the traditional design-bid-build method, including
progressive design-build, public-private partnerships, and construction
manager at risk.
SEC. 1243. COOPERATION AUTHORITY.
Section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a) is amended--
(1) in subsection (c), by inserting ``, including the
planning and design expertise,'' after ``expertise''; and
(2) in subsection (d)(1), by striking ``$1,000,000'' and
inserting ``$2,500,000''.
SEC. 1244. GAO STUDIES.
(a) Review of the Accuracy of Project Cost Estimates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall initiate a review of the accuracy of the
project cost estimates developed by the Corps of Engineers for
completed and ongoing water resources development projects
carried out by the Secretary.
(2) <<NOTE: Determination.>> Requirements.--In carrying out
paragraph (1), the Comptroller General shall determine the
factors, if any, that impact the accuracy of the estimates
described in that subparagraph, including--
(A) applicable statutory requirements, including--
(i) section 1001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282c); and
(ii) section 905(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(b)); and
(B) applicable guidance, regulations, and policies
of the Corps of Engineers.
[[Page 138 STAT. 3093]]
(3) Incorporation of previous report.--In carrying out
paragraph (1), the Comptroller General may incorporate
applicable information from the report carried out by the
Comptroller General under section 8236(c) of the Water Resources
Development Act of 2022 (136 Stat. 3769).
(4) Report.--On completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the review and any
recommendations that result from the review.
(b) Report on Project Lifespan and Indemnification Clause in Project
Partnership Agreements.--
(1) Sense of congress.--It is the sense of Congress that--
(A) there are significant concerns about whether--
(i) the indemnification clause, which was
first applied in 1910 to flood control projects,
should still be included in project partnership
agreements prepared by the Corps of Engineers for
water resources development projects; and
(ii) non-Federal interests for water resources
development projects should be required to assume
full responsibility for OMRR&R of water resources
development projects in perpetuity;
(B) non-Federal interests have reported that the
indemnification clause and OMRR&R requirements are a
barrier to entering into project partnership agreements
with the Corps of Engineers;
(C) critical water resources development projects
are being delayed by years, or not pursued at all, due
to the barriers described in subparagraph (B); and
(D) legal structures have changed since the
indemnification clause was first applied and there may
be more suitable tools available to address risk and
liability issues.
(2) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall conduct an
analysis of the implications of--
(A) the indemnification clause; and
(B) the assumption of OMRR&R responsibilities by
non-Federal interests in perpetuity for water resources
development projects.
(3) <<NOTE: Reviews.>> Inclusions.--The analysis under
paragraph (2) shall include--
(A) a review of risk for the Federal Government and
non-Federal interests with respect to removing
requirements for the indemnification clause;
(B) <<NOTE: Assessment.>> an assessment of whether
the indemnification clause is still necessary given the
changes in engineering, legal structures, and water
resources development projects since 1910, with a focus
on the quantity and types of claims and takings over
time;
(C) an identification of States with State laws that
prohibit those States from entering into agreements that
include an indemnification clause;
(D) a comparison to other Federal agencies with
respect to how those agencies approach indemnification
and OMRR&R requirements in projects, if applicable;
[[Page 138 STAT. 3094]]
(E) a review of indemnification and OMRR&R
requirements for projects that States require with
respect to agreements with cities and localities, if
applicable;
(F) <<NOTE: Analysis.>> an analysis of the useful
lifespan of water resources development projects,
including any variations in that lifespan for different
types of water resources development projects and how
changing weather patterns and increased extreme weather
events impact that lifespan;
(G) a review of situations in which non-Federal
interests have been unable to meet OMRR&R requirements;
and
(H) a review of policy alternatives to OMRR&R
requirements, such as allowing extension, reevaluation,
or deauthorization of water resources development
projects.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the analysis; and
(B) <<NOTE: Recommenda- tions. Policies.>> any
recommendations for changes needed to existing law or
policy of the Corps of Engineers to address those
results.
(5) Definitions.--In this subsection:
(A) Indemnification clause.--The term
``indemnification clause'' means the indemnification
clause required in project partnership agreements for
water resources development projects under sections
101(e)(2) and 103(j)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(e)(2),
2213(j)(1)(A)).
(B) Omrr&r.--The term ``OMRR&R'', with respect to a
water resources development project, means operation,
maintenance, repair, replacement, and rehabilitation.
(c) Review of Certain Permits.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate a
review of the section 408 program.
(2) Requirements.--The review by the Comptroller General
under paragraph (1) shall include, at a minimum--
(A) an identification of trends related to the
number and types of permits applied for each year under
the section 408 program;
(B) <<NOTE: Evaluation.>> an evaluation of--
(i) the materials developed by the Secretary
to educate potential applicants about--
(I) the section 408 program; and
(II) the process for applying for a
permit under the section 408 program;
(ii) the public website of the Corps of
Engineers that tracks the status of permits issued
under the section 408 program, including whether
the information provided by the website is updated
in a timely manner;
(iii) the ability of the districts and
divisions of the Corps of Engineers to--
(I) consistently administer the
section 408 program;
[[Page 138 STAT. 3095]]
(II) make timely decisions on a
permit requested under the section 408
program; and
(III) carry out a preapplication
meeting with the relevant non-Federal
entity requesting a permit under the
section 408 program that provides clear,
concise, and specific information on the
technical requirements of an application
for such a permit; and
(iv) the extent to which the Secretary carries
out the process for issuing a permit under the
section 408 program concurrently with the review
required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), if
applicable;
(C) <<NOTE: Determination.>> a determination of the
factors, if any, that impact the ability of the
Secretary to adhere to the timelines required for
reviewing and making a decision on an application for a
permit under the section 408 program;
(D) ways to expedite the review of applications for
permits under the section 408 program, including the use
of categorical permissions or the establishment of a
single office within the Corps of Engineers to review
applications for such permits.
(3) Report.--On completion of the review under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the review and any
recommendations that result from the review.
(4) Definition of section 408 program.--In this subsection,
the term ``section 408 program'' means the program administered
by the Secretary pursuant to section 14 of the Act of March 3,
1899 (33 U.S.C. 408).
(d) Corps of Engineers Modernization Study.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of opportunities for the Corps of
Engineers to modernize the civil works program through the use
of technology, where appropriate, and the best available
engineering practices.
(2) <<NOTE: Assessment.>> Inclusions.--In conducting the
analysis under paragraph (1), the Comptroller General of the
United States shall include an assessment of the extent to
which--
(A) existing engineering practices and technologies,
including digital infrastructure and 3D modeling
technologies, could be better utilized by the Corps of
Engineers to--
(i) improve study, planning, and design
efforts of the Corps of Engineers to further the
benefits of water resources development projects
of the Corps of Engineers;
(ii) reduce delays and cost overruns of water
resources development projects, including through
the improvement of environmental review and
permitting processes;
(iii) provide cost savings over the lifecycle
of a project, including through improved design
processes or a reduction of operation and
maintenance costs;
[[Page 138 STAT. 3096]]
(iv) facilitate information sharing and
complex water resources projects, and improve
productivity of the Corp of Engineers; and
(v) improve data collection and data sharing
capabilities; and
(B) the Corps of Engineers--
(i) currently utilizes the engineering
practices and technologies identified under
subparagraph (A), including any challenges
associated with--
(I) costs and the acquisition
process;
(II) the application of such
practices and technologies;
(III) interoperability of such
technologies with the other systems and
technologies of the Corps of Engineers;
and
(IV) security concerns associated
with such technologies and how such
concerns may be addressed;
(ii) has effective processes to share best
practices associated with the engineering
practices and technologies identified under
subparagraph (A) among the districts, divisions,
and headquarters of the Corps of Engineers; and
(iii) partners with National Laboratories,
academic institutions, and other Federal agencies.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the analysis and any
recommendations that result from the analysis.
(e) Study on Easements Related to Water Resources Development
Projects.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of the use of covered easements that
may be provided to the Secretary by non-Federal interests in
relation to the construction, operation, or maintenance of a
project for flood risk management, hurricane and storm damage
risk reduction, or ecosystem restoration.
(2) Scope.--In carrying out the analysis under paragraph
(1), the Comptroller General of the United States shall--
(A) <<NOTE: Review.>> review--
(i) the report submitted by the Secretary
under section 8235(b) of the Water Resources
Development Act of 2022 (136 Stat. 3768); and
(ii) the existing statutory, regulatory, and
policy requirements and procedures relating to the
use of covered easements; and
(B) <<NOTE: Assessments.>> assess--
(i) the minimum rights in property that are
necessary to construct, operate, or maintain
projects for flood risk management, hurricane and
storm damage risk reduction, or ecosystem
restoration;
(ii) whether increased use of covered
easements in relation to projects described in
clause (i) could
[[Page 138 STAT. 3097]]
promote greater participation from cooperating
landowners in addressing local flooding or
ecosystem restoration challenges;
(iii) whether such increased use could result
in cost savings in the implementation of the
projects described in clause (i), without any
reduction in project benefits; and
(iv) the extent to which the Secretary should
expand what is considered by the Secretary to be
part of a series of estates deemed standard for
construction, operation, or maintenance of a
project for flood risk management, hurricane and
storm damage risk reduction, or ecosystem
restoration.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the analysis,
including any recommendations, including legislative
recommendations, as a result of the analysis.
(4) Definition of covered easement.--In this subsection, the
term ``covered easement'' has the meaning given the term in
section 8235(c) of the Water Resources Development Act of 2022
(136 Stat. 3768).
(f) Modernization of Environmental Reviews.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate a
review of the efforts of the Secretary to facilitate improved
environmental review processes for project studies, including
through the consideration of expanded use of categorical
exclusions, environmental assessments, or programmatic
environmental impact statements.
(3) Requirements.--In conducting the review under paragraph
(1), the Comptroller General of the United States shall--
(A) describe the actions the Secretary is taking or
plans to take to implement the amendments to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) made by section 321 of the Fiscal
Responsibility Act of 2023 (Public Law 118-5);
(B) describe the existing categorical exclusions
most frequently used by the Secretary to streamline the
environmental review of project studies;
(C) consider--
(i) whether the adoption of additional
categorical exclusions, including those used by
other Federal agencies, would facilitate the
environmental review of project studies;
(ii) whether the adoption of new programmatic
environmental impact statements would facilitate
the environmental review of project studies; and
(iii) whether agreements with other Federal
agencies would facilitate a more efficient process
for the environmental review of project studies;
and
(D) identify--
(i) any discrepancies or conflicts, as
applicable, between the amendments to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.)
[[Page 138 STAT. 3098]]
made by section 321 of the Fiscal Responsibility
Act of 2023 (Public Law 118-5) and--
(I) section 2045 of the Water
Resources Development Act of 2007 (33
U.S.C. 2348); and
(II) section 1001 of the Water
Resources Reform and Development Act of
2014 (33 U.S.C. 2282c); and
(ii) other issues, as applicable, relating to
section 2045 of the Water Resources Development
Act of 2007 (33 U.S.C. 2348) that are impeding the
implementation of that section consistent with
congressional intent.
(3) Report.--On completion of the review under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the review,
including any legislative recommendations, as a result of the
review.
(4) Definition of project study.--In this subsection, the
term ``project study'' means a feasibility study for a project
carried out pursuant to section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282).
(g) Study on Dredged Material Disposal Site Construction.--
(1) In general.--The Comptroller General shall conduct a
study that--
(A) <<NOTE: Assessment.>> assesses the costs and
limitations of the construction of various types of
dredged material disposal sites, with a particular focus
on aquatic confined placement structures in the Lower
Columbia River; and
(B) includes a comparison of--
(i) the operation and maintenance needs and
costs associated with the availability of aquatic
confined placement structures; and
(ii) the operation and maintenance needs and
costs associated with the lack of availability of
aquatic confined placement structures.
(2) Report.--On completion of the study under paragraph (1),
the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study, and any
recommendations that result from that study.
(h) GAO Study on Distribution of Funding From the Harbor Maintenance
Trust Fund.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of the distribution of funding from
the Harbor Maintenance Trust Fund.
(2) <<NOTE: Assessments.>> Requirements.--In conducting the
analysis under paragraph (1), the Comptroller General shall
assess--
(A) the implementation of provisions related to the
Harbor Maintenance Trust Fund in the Water Resources
Development Act of 2020 (134 Stat. 2615) and the
amendments made by that Act by the Corps of Engineers,
including--
(i) changes to the budgetary treatment of
funding from the Harbor Maintenance Trust Fund;
and
[[Page 138 STAT. 3099]]
(ii) amendments to the definitions of the
terms ``donor ports'', ``medium-sized donor
parts'', and ``energy transfer ports'' under
section 2106(a) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2238c(a)),
including--
(I) the reliability of metrics, data
for those metrics, and sources for that
data used by the Corps of Engineers to
determine if a port satisfies the
requirements of 1 or more of those
definitions; and
(II) the extent of the impact of
cyclical dredging cycles for operations
and maintenance activities and deep
draft navigation construction projects
on the ability of ports to meet the
requirements of 1 or more of those
definitions; and
(B) <<NOTE: Analysis.>> the amount of Harbor
Maintenance Trust Fund funding in the annual
appropriations Acts enacted after the date of enactment
of the Water Resources Development Act of 2020 (134
Stat. 2615), including an analysis of--
(i) the allocation of funding to donor ports
and energy transfer ports (as those terms are
defined in section 2106(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C.
2238c(a))) and the use of that funding by those
ports;
(ii) activities funded pursuant to section 210
of the Water Resources Development Act of 1986 (33
U.S.C. 2238); and
(iii) challenges associated with expending the
remaining balance of the Harbor Maintenance Trust
Fund.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the findings of the analysis
and any recommendations that result from that analysis.
(5) Definition of harbor maintenance trust fund.--In this
subsection, the term ``Harbor Maintenance Trust Fund'' means the
Harbor Maintenance Trust Fund established by section 9505(a) of
the Internal Revenue Code of 1986.
(i) Study on Environmental Justice.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of--
(A) the costs and benefits of the environmental
justice initiatives of the Secretary with respect to the
civil works program; and
(B) the positive and negative effects on the civil
works program of those environmental justice
initiatives.
(2) <<NOTE: Review.>> Inclusions.--The analysis under
paragraph (1) shall include, at a minimum, a review of projects
carried out by the Secretary during fiscal year 2023 and fiscal
year 2024 pursuant to the environmental justice initiatives of
the Secretary with respect to the civil works program.
[[Page 138 STAT. 3100]]
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing any findings of the
analysis.
(j) Study on Donor Ports.--
(1) <<NOTE: Review.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the treatment of
donor ports under section 2106 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2238c) that includes--
(A) a description of the funding available to donor
ports under such section, including a description of how
eligibility for such donor ports has been modified;
(B) <<NOTE: Summary.>> a summary of all funds that
have been provided to donor ports under such section;
(C) <<NOTE: Assessment.>> an assessment of how the
Secretary provides funding under such section to donor
ports, including--
(i) a complete description of the process and
data used to determine eligibility; and
(ii) the impact construction and maintenance
projects, including maintenance dredging and deep
draft navigation construction projects, have on
donor port eligibility;
(D) <<NOTE: Assessment.>> an assessment of other
major container ports that are not currently eligible as
a donor port under such section and a description of the
criteria that exclude such container ports from
eligibility; and
(E) <<NOTE: Recommenda- tions.>> recommendations to
improve the provision of funds under such section.
(2) Report.--Upon completion of the review required under
paragraph (1), the Comptroller General 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 containing the results of such
review.
(k) Study on Corps of Engineers Disaster Preparedness, Response, and
Related Information Collection.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of Corps of Engineers disaster
preparedness and response activities, including--
(A) <<NOTE: Records.>> an accounting of postdisaster
expenditures from the ``Corp of Engineers-Civil-Flood
Control and Coastal Emergencies'' account and from any
post-disaster supplemental appropriations Act for each
of fiscal years 2004 through 2023, including--
(i) any budget requests made for such account
or supplemental appropriations for the civil works
program of the Corp of Engineers;
(ii) the total combined amount of funding for
each fiscal year from such account and such
appropriations Act;
(iii) the amounts transferred to such account
from other accounts of the Corps of Engineers to
cover a
[[Page 138 STAT. 3101]]
funding shortfall for postdisaster activities in
each fiscal year;
(iv) the name and location of the authorized
water resources development projects impacted by
the transfer of funds described in clause (iii);
(v) <<NOTE: Summary.>> a summary of the
activities and actions carried out with amounts
available in such account or from such
supplemental appropriations Acts, including the
amount provided for salaries and expenses; and
(B) <<NOTE: Assessment.>> an assessment and
description of--
(i) any contributing factors that resulted in
any annual variability in the amounts described in
clauses (i), (ii), and (iii); and
(ii) budgetary trends in the provision of
post-disaster assistance that may impact future
spending through such account or from such
supplemental appropriations Acts; and
(iii) any impact of post-disaster supplemental
appropriations on emergency response activities;
(C) <<NOTE: Evaluation.>> an evaluation of--
(i) the publicly available information on
disaster response and preparedness related to
authorized water resources development projects,
such as levees;
(ii) the impacts of natural disasters on
authorized water resources development projects,
including how such disasters affect the
performance of such projects and resiliency of
such projects to such disasters; and
(iii) whether the Corps of Engineers utilizes,
or shares with non-Federal interests, information
regarding such impacts in assessing whether
modifications to such projects would reduce the
likelihood of repetitive impacts or be in the
public interest; and
(D) <<NOTE: Recommenda- tions.>> recommendations to
improve the provision of assistance for response to
natural disasters under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n).
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General 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 such analysis.
(l) Study on Homeless Encampments on Corps of Engineers Property.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of--
(A) unauthorized homeless encampments on water
resources development projects constructed by the Corps
of Engineers and lands owned or under the control of the
Corps of Engineers;
(B) any actual or potential impacts of such
encampments on the construction, operation and
maintenance, or management of such projects and lands,
including potential impacts on flood risk reduction or
ecosystem restoration efforts, water quality, or public
safety;
(C) efforts to remove or deter such encampments from
such projects and lands, or remove any materials
associated
[[Page 138 STAT. 3102]]
with such encampments that are unauthorized to be
present and pose a potential threat to public safety,
including manmade, flammable materials in urban and arid
regions; and
(D) constraints on the ability of the Corps of
Engineers to remove or deter such encampments due to
Federal, State, or local laws, regulations, or
ordinances.
(2) Consultation.--In carrying out the analysis required
under paragraph (1), the Comptroller General shall consult with
the Secretary, the Administrator of the Federal Emergency
Management Agency, the Administrator of the Environmental
Protection Agency, and other relevant Federal, State, and local
government officials and interested parties.
(3) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General 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 such analysis.
(m) Study on Federal-state Data Sharing Efforts.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of the coordination of the Secretary
with other Federal and State agencies and academic institutions
in carrying out the development, update, modernization, and
utilization of scientific, peer-reviewed data on the
predictability of future resiliency, sea-level rise, and flood
impacts.
(2) Scope.--In conducting the analysis required under
paragraph (1), the Comptroller General shall--
(A) <<NOTE: Consultation.>> consult with the
Secretary, the heads of other relevant Federal and State
agencies, and academic institutions that collect,
analyze, synthesize, and utilize scientific, peer-
reviewed data on the predictability of future
resiliency, sea-level rise, and flooding events;
(B) <<NOTE: Examination.>> examine the methodologies
and mechanisms for collecting, analyzing, synthesizing,
and verifying such data; and
(C) <<NOTE: Review.>> review and report on the
opportunities for, and appropriateness of, the Secretary
and relevant non-Federal interests to utilize such data
in the planning, design, construction, and operation and
maintenance of authorized water resources development
projects.
(3) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General 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 such analysis.
(n) Study on Institutional Barriers to Nature-based Features.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of--
(A) nature-based features that are incorporated into
authorized water resources development projects by the
Corps of Engineers and the type of such projects;
[[Page 138 STAT. 3103]]
(B) any limitation on the authority of the Secretary
to incorporate nature-based features into authorized
water resources development projects;
(C) regulatory processes necessary for the use of
nature-based features, including permitting timelines;
(D) the level of efficacy and effectiveness of
nature-based features at authorized water resources
development projects that have--
(i) utilized such nature-based features; and
(ii) undergone extreme weather events,
including hurricanes; and
(E) institutional barriers within the Corps of
Engineers preventing broader consideration and
integration of nature-based features, including--
(i) staff experience with, and expertise on,
nature-based features;
(ii) official Corps of Engineers guidance on
nature-based features;
(iii) time constraints or other expediency
expectations; or
(iv) life cycle costs associated with
incorporating nature-based features into water
resources development projects.
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General 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 such analysis.
(3) Definitions.--In this subsection, the term ``nature-
based feature'' has the meaning given the terms ``natural
feature'' and ``nature-based feature'' in section 1184 of the
Water Resources Development Act of 2016 (32 U.S.C. 2289a).
(o) Study on Ecosystem Services.--
(1) <<NOTE: Analysis.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate an analysis of the use of ecosystem restoration
by the Corps of Engineers for flood control or flood risk
management projects.
(2) <<NOTE: Assessments.>> Scope.--In conducting the
analysis under paragraph (1), the Comptroller General shall
assess--
(A) how the Corps of Engineers complies, integrates,
and prioritizes ecosystem restoration in benefit-cost
analysis and generation of project alternatives;
(B) the geographic distribution and frequency of
ecosystem restoration for flood control or flood risk
management projects;
(C) the rationale and benefit-cost analyses that
drive decisions to incorporate ecosystem restoration
into flood control or flood risk management projects;
(D) the additional long-term comprehensive benefits
to local communities related to ecosystem restoration
for flood control or flood risk management projects;
(E) recommendations for prioritizing ecosystem
restoration as a tool for flood control and flood risk
management projects; and
[[Page 138 STAT. 3104]]
(F) the percentage of the annual construction budget
utilized for ecosystem restoration projects over the
past 5 years at flood control or flood risk management
projects.
(3) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General 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 such analysis.
(p) Study on Tribal Coordination.--
(1) <<NOTE: Review.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall initiate a review of the Corps of Engineers procedures to
address the discovery of Tribal historic or cultural resources,
including village sites, burial sites, and human remains, at
authorized water resources development projects.
(2) Scope.--In conducting the review required under
paragraph (1), the Comptroller General shall--
(A) <<NOTE: Evaluation.>> evaluate the
implementation of the Tribal Liaison requirements under
section 8112 of the Water Resources Development Act of
2022 (33 U.S.C. 2281a);
(B) describe the procedures used by the Corps of
Engineers when Tribal historic or cultural resources are
identified at authorized water resources development
projects, including--
(i) coordination with relevant Tribes,
Federal, State, and local agencies;
(ii) the role and effectiveness of the Tribal
Liaison;
(iii) recovery and reburial standards;
(iv) any differences in procedures used by
each Corps of Engineers district; and
(v) as applicable, the implementation of the
requirements of section 306108 of title 54, United
States Code (formerly known as section 106 of the
National Historic Preservation Act) or the Native
American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq); and
(C) <<NOTE: Recommenda- tions.>> provide
recommendations to improve the coordination between the
Corps of Engineers and Tribes for the identification and
recovery of Tribal historic and cultural resources
discovered at authorized water resources development
projects.
(3) Prioritization.--In conducting the review required under
paragraph (1), the Comptroller General shall prioritize
reviewing procedures used by the Sacramento District in the
South Pacific Division of the Corps of Engineers.
(4) Report.--Upon completion of the review required under
paragraph (1), the Comptroller General 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 such review.
(q) Study on the Corps of Engineers Role in Support of FEMA Missions
and Related Information Collection.--
(1) <<NOTE: Review.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
shall complete a review of the Corps of Engineers and its role
in support
[[Page 138 STAT. 3105]]
of Federal Emergency Management Agency missions beginning with
fiscal year 2014, including--
(A) a description with costs and funding sources of
all data, methodological advice, information, models,
and analysis that the Corps of Engineers has provided to
the Federal Emergency Management Agency together with an
assessment of the fitness of such information for policy
purposes in relation to--
(i) floodplain mapping;
(ii) flood insurance, including the Risk
Rating 2.0 flood insurance pricing methodology;
and
(iii) determination of the flood risk
reduction provided by structural and nonstructural
flood risk reduction projects, including levee
systems, both accredited and non-accredited; and
(B) <<NOTE: Evaluation.>> evaluation of the Corps of
Engineers application of and compliance with section 515
of the Treasury and General Government Appropriations
Act, 2001 (commonly known as the ``Information Quality
Act of 2000'') (Public Law 106-554, 114 Stat. 2763A-153)
and the Foundations for Evidence-Based Policymaking Act
of 2018 (Public Law 115-435, 132 Stat. 5529), including
the amendments made by that Act, and associated
guidelines issued by the Office of Management and
Budget, in ensuring the fitness of data and information
used by the Corps of Engineers and the Federal Emergency
Management Agency as foundations for agency guidance,
rules, and policymaking.
(2) <<NOTE: Examination.>> Scope.--In conducting the review
required under paragraph (1), the Comptroller General shall
examine--
(A) discharge of the Secretary's duties under
section 3014 of the Water Resources Reform and
Development Act of 2014 (42 U.S.C. 4131); and
(B) administration of activities pursuant to
National Levee Safety Act of 2007 (33 U.S.C. 3301 et
seq.), section 1123 of the Water Resources Development
Act of 2018 (33 U.S.C. 3306), and section 8121 of the
Water Resources Development Act of 2022 (33 U.S.C.
3307), in order to establish--
(i) an assessment of Corps of Engineers use of
peer review under section 515 of the Treasury and
General Government Appropriations Act, 2001
(commonly known as the ``Information Quality Act
of 2000'') (Public Law 106-554, 114 Stat. 2763A-
153);
(ii) the degree to which data, methodological
advice, information, models, and analysis are
freely accessible to the public;
(iii) the degree to which data, methodological
advice, information, models, and analysis are
transparent and reproducible by the public;
(iv) the views of the public and affected
parties on how the Corps of Engineers should
uphold the data quality and evidence-based
policymaking objectives of such section 515 of the
Treasury and General Government Appropriations
Act, 2001 and the Foundations for Evidence-Based
Policymaking Act of 2018 (Public Law 115-435, 132
Stat. 5529), including the amendments made by that
Act;
[[Page 138 STAT. 3106]]
(v) the immediate and long-term impacts of the
Corps of Engineers support to Federal Emergency
Management Agency for affected communities, units
of local government (including levee and drainage
districts), and property owners, including the
prioritization and justification of flood risk
management projects;
(vi) the degree to which Federal coordination
is occurring with affected communities, units of
local government (including levee and drainage
districts), and property owners in the formulation
of agency guidance, rules, and policymaking,
including agency adherence to section 1317 of the
Housing and Urban Development Act of 1968 (42
U.S.C. 4024) in the formulation of the Risk Rating
2.0 flood insurance pricing methodology;
(vii) recommendations to the Secretary for
improving compliance with the provisions of law
referred to in clause (iv); and
(viii) recommendations to Congress, as
appropriate, on legislation improving Corps of
Engineers compliance with the provisions of law
referred to in clause (iv).
(3) Consultation.--In carrying out the review required under
paragraph (1), the Comptroller General shall consult with the
Office of the Engineer Inspector General of the Corps of
Engineers, the Office of Management and Budget, levee and
drainage districts, and units of local government.
(4) Report.--Upon completion of the review required under
paragraph (1) and (2), the Comptroller General 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 such review.
(r) Report on Material Contaminated by a Hazardous Substance and the
Civil Works Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General carry out a
review of the impact of material contaminated by a hazardous
substance on the civil works program of the Corps of Engineers,
including relevant policies, regulations, or guidance of the
Corps of Engineers.
(2) Requirements.--In developing the review under subsection
(a), the Secretary shall--
(A) describe--
(i) with respect to water resources
development projects--
(I) the applicable statutory
authorities that require the removal of
material contaminated by a hazardous
substance;
(II) the roles and responsibilities
of the Secretary and non-Federal
interests for identifying and removing
material contaminated by a hazardous
substance; and
(III) the currently required
remediation standards for water
resources development projects
[[Page 138 STAT. 3107]]
where material contaminated by hazardous
substances are identified, if
applicable; and
(ii) any regulatory actions or decisions made
by another Federal agency that impact--
(I) the removal of material
contaminated by a hazardous substance;
and
(II) the ability of the Secretary to
carry out the civil works program of the
Corps of Engineers;
(B) discuss the impact of material contaminated by a
hazardous substance on--
(i) the timely completion of construction of
water resources development projects;
(ii) the operation and maintenance of water
resources development projects, including dredging
activities of the Corps of Engineers to maintain
authorized Federal depths at ports and along the
inland waterways; and
(iii) costs associated with carrying out the
civil works program of the Corps of Engineers; and
(C) include any other information that the Secretary
determines to be appropriate to facilitate an
understanding of the impact of material contaminated by
a hazardous substance on the civil works program of the
Corps of Engineers.
(3) Report.--On completion of the review under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of such assessment,
including any legislative recommendations that result from such
assessment.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS.
Section 301 of the Water Resources Development Act of 2020 (33
U.S.C. 579d-2) is amended by striking subsections (a) through (c) and
inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that are
no longer viable for construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-Federal
resources; or
``(C) an authorizing purpose that is no longer
relevant or feasible;
``(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects and
separable elements that are no longer viable for construction;
and
``(3) to allow the continued authorization of water
resources development projects and separable elements that are
viable for construction.
``(b) Proposed Deauthorization List.--
[[Page 138 STAT. 3108]]
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized
for construction before June 10, 2014, for which--
``(i) planning, design, or construction was
not initiated before the date of enactment of the
Water Resources Development Act of 2024; or
``(ii) planning, design, or construction was
initiated before the date of enactment of the
Water Resources Development Act of 2024, but for
which no funds, Federal or non-Federal, were
obligated for planning, design, or construction of
the project or separable element of the project
during the current fiscal year or any of the 10
preceding fiscal years.
``(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may
develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated deauthorization
amount.--The Secretary shall--
``(i) prepare a proposed list of projects for
deauthorization comprised of a subset of projects
and separable elements identified on the
preliminary list developed under paragraph (1)
that are projects or separable elements described
in subsection (a)(1), as determined by the
Secretary; and
``(ii) include with such proposed list an
estimate, in the aggregate, of the Federal cost to
complete such projects.
``(B) Determination of federal cost to complete.--
For purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the proposed deauthorization list
prepared under paragraph (2)(A).
``(B) Comment period.--The public comment period
shall be 90 days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall prepare a
final deauthorization list by--
``(i) considering any comments received under
paragraph (3); and
``(ii) revising the proposed deauthorization
list prepared under paragraph (2)(A) as the
Secretary determines necessary to respond to such
comments.
``(B) Appendix.--The Secretary shall include as part
of the final deauthorization list an appendix that--
[[Page 138 STAT. 3109]]
``(i) identifies each project or separable
element on the proposed deauthorization list that
is not included on the final deauthorization list;
and
``(ii) describes the reasons why the project
or separable element is not included on the final
deauthorization list.
``(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 90
days after the date of the close of the comment period under
subsection (b)(3), the Secretary shall--
``(A) submit the final deauthorization list and
appendix prepared under subsection (b)(4) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate; and
``(B) <<NOTE: Federal Register,
publication.>> publish the final deauthorization list
and appendix in the Federal Register.
``(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal funds
for planning, design, or construction are obligated after the
development of the preliminary list under subsection (b)(1)(A)
but prior to the submission of the final deauthorization list
under paragraph (1)(A) of this subsection.''.
SEC. 1302. <<NOTE: Effective dates.>> SPECIFIC DEAUTHORIZATIONS.
(a) East San Pedro Bay, California.--The study for the project for
ecosystem restoration, East San Pedro Bay, California, authorized by the
resolution of the Committee on Public Works of the Senate, dated June
25, 1969, relating to the report of the Chief of Engineers for Los
Angeles and San Gabriel Rivers, Ballona Creek, is no longer authorized
beginning on the date of enactment of this Act.
(b) Deauthorization of Designated Portions of the Los Angeles County
Drainage Area, California.--
(1) In general.--The portion of the project for flood risk
management, Los Angeles County Drainage Area, California,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647;
64 Stat. 177; 104 Stat. 4611; 136 Stat. 3785), consisting of the
flood channels described in paragraph (2), are no longer
authorized beginning on the date that is 18 months after the
date of enactment of this Act.
(2) Flood channels described.--The flood channels referred
to in paragraph (1) are the following flood channels operated
and maintained by the Los Angeles County Flood Control District,
as generally defined in Corps of Engineers operations and
maintenance manuals and as may be further described in an
agreement entered into under paragraph (3):
(A) Arcadia Wash Channel (Auburn Branch Channel).
(B) Arcadia Wash Channel (Baldwin Ave. Branch
Channel).
(C) Arcadia Wash Channel (East Branch Channel).
(D) Arcadia Wash Channel (Lima St. Branch Channel).
(E) Bel Aire Dr./Sunset Canyon Channel.
(F) Big Dalton Wash Channel.
[[Page 138 STAT. 3110]]
(G) Big Dalton Wash Channel (East Branch Inlet
Channel).
(H) Blanchard Canyon Channel.
(I) Blue Gum Canyon Channel.
(J) Brand Canyon Channel.
(K) Childs Canyon Channel.
(L) Dead Horse Canyon Channel.
(M) Dunsmuir Canyon Channel.
(N) Eagle Canyon Channel.
(O) Elmwood Canyon Channel.
(P) Emerald Wash Channel.
(Q) Emerald Wash Channel (West Branch).
(R) Hay Canyon Channel.
(S) Higgins and Coldwater Canyon.
(T) Hillcrest Canyon Channel.
(U) La Tuna Canyon Channel.
(V) Little Dalton Diversion Channel.
(W) Little Dalton Wash Channel.
(X) Live Oak Wash Channel.
(Y) Mansfield St. Channel.
(Z) Marshall Creek Channel.
(AA) Marshall Creek Channel (West Branch).
(BB) Rexford-Monte Mar Branch.
(CC) Royal Boulevard Channel.
(DD) Rubio Canyon Diversion Channel.
(EE) San Dimas Wash Channel.
(FF) Sawtelle Channel.
(GG) Shields Canyon Channel.
(HH) Sierra Madre Villa Channel.
(II) Sierra Madre Wash.
(JJ) Sierra Madre Wash Inlet.
(KK) Snover Canyon Channel.
(LL) Stough Canyon Channel.
(MM) Thompson Creek Channel.
(NN) Walnut Creek Channel.
(OO) Webber Canyon Channel.
(PP) Westwood Branch Channel.
(QQ) Wilson Canyon Channel.
(RR) Winery Canyon Channel.
(3) <<NOTE: Deadline.>> Agreement.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
seek to enter into an agreement with the Los Angeles County
Flood Control District to ensure that the Los Angeles County
Flood Control District--
(A) will continue to operate, maintain, repair,
rehabilitate, and replace as necessary, the flood
channels described in paragraph (2)--
(i) in perpetuity at no cost to the United
States; and
(ii) in a manner that does not reduce the
level of flood protection of the project described
in paragraph (1);
(B) will retain public ownership of all real
property required for the continued functioning of the
flood channels described in paragraph (2), consistent
with authorized purposes of the project described in
paragraph (1);
[[Page 138 STAT. 3111]]
(C) will allow the Corps of Engineers to continue to
operate, maintain, repair, rehabilitate, and replace any
appurtenant structures, such as rain and stream gages,
existing as of the date of enactment of this Act and
located within the flood channels subject to
deauthorization under paragraph (1) as necessary to
ensure the continued functioning of the project
described in paragraph (1); and
(D) will hold and save the United States harmless
from damages due to floods, breach, failure, operation,
or maintenance of the flood channels described in
paragraph (2).
(4) Administrative costs.--The Secretary may accept and
expend funds voluntarily contributed by the Los Angeles County
Flood Control District to cover the administrative costs
incurred by the Secretary to--
(A) <<NOTE: Contracts.>> enter into an agreement
under paragraph (3); and
(B) monitor compliance with such agreement.
(c) Bridgeport Harbor, Connecticut.--
(1) In general.--The portion of the project for navigation,
Bridgeport Harbor, Connecticut, authorized by the first section
of the Act of July 24, 1946 (chapter 595, 60 Stat. 634; 72 Stat.
297), described in paragraph (2) is no longer authorized
beginning on the date of enactment of this Act.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is generally the northeastern corner of the
Federal Turning Basin at Bridgeport Harbor, immediately south of
the previous Cilco Terminal and current Dolphins Cove Marina--
(A) beginning at a point N622921.65, E882983.49;
(B) running east approximately 1243 feet to a point
N622079.26, E883897.46;
(C) running southwest approximately 754 feet to
N622244.84, E883162.02; and
(D) running approximately 700 feet to the point of
beginning.
(d) Thames River, Connecticut.--
(1) In general.--Beginning on the date of enactment of this
Act, the 25-foot-deep channel portion of the project for
navigation, Thames River, Connecticut, authorized by the first
section of the Act of July 3, 1930 (chapter 847, 46 Stat. 918),
consisting of the area described in paragraph (2), is no longer
authorized.
(2) Area described.--The area referred to in paragraph (1)
is the area--
(A) beginning at a point N706550.83, E1179497.53;
(B) running southeasterly about 808.28 feet to a
point N705766.32, E1179692.10;
(C) running southeasterly about 2219.17 feet to a
point N703725.88, E1180564.64;
(D) running southeasterly about 1594.84 feet to a
point N702349.59, E1181370.46;
(E) running southwesterly about 483.01 feet to a
point N701866.63, E1181363.54;
(F) running northwesterly about 2023.85 feet to a
point N703613.13, E1180340.96;
(G) running northwesterly about 2001.46 feet to a
point N705453.40, E1179554.02; and
[[Page 138 STAT. 3112]]
(H) running northwesterly about 1098.89 feet to the
point described in paragraph (1).
(e) Jacksonville Harbor, Florida.--
(1) In general.--Beginning on the date of enactment of this
Act, the project for navigation, Jacksonville Harbor, Florida,
authorized by section 301 of the River and Harbor Act of 1965
(79 Stat. 1090; 113 Stat. 276; 119 Stat. 2260; 128 Stat. 1364),
is modified to deauthorize the portion of the project described
in paragraph (2).
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the area bounded by the following
coordinates:
(A) E 458361.31, N 2176371.67.
(B) E 458278.7499, N 2175769.9847.
(C) E 457946.66, N 2175527.99.
(f) Masaryktown Canal, Florida.--
(1) In general.--The portion of the project for the Four
River Basins, Florida, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183) described in paragraph (2)
is no longer authorized beginning on the date of enactment of
this Act.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the Masaryktown Canal C-534, which spans
approximately 5.5 miles from Hernando County, between Ayers Road
and County Line Road east of United States Route 41, and
continues south to Pasco County, discharging into Crews Lake.
(g) Saint Petersburg Harbor, Florida.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation, Saint Petersburg
Harbor, Florida, authorized by section 101 of the River and
Harbor Act of 1950 (64 Stat. 165), consisting of the area
described in paragraph (2) is no longer authorized.
(2) Area described.--The area referred to in paragraph (1)
is the portion of the Federal channel located within Bayboro
Harbor, at approximately -82.635353 W and 27.760977 N, south of
the Range 300 line and west of the Station 71+00 line.
(h) North Branch, Chicago River, Illinois.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation North Branch
channel, Chicago River, Illinois, authorized by section 22 of
the Act of March 3, 1899 (chapter 425, 30 Stat. 1156),
consisting of the area described in paragraph (2) is no longer
authorized.
(2) Area described.--The area referred to in paragraph (1)
is the approximately one-mile long segment of the North Branch
Channel on the east side of Goose Island, Chicago River,
Illinois.
(i) Cherryfield Dam, Maine.--The project for flood control,
Narraguagus River, Cherryfield Dam, Maine, authorized by, and
constructed pursuant to, section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s) is no longer authorized beginning on the date of
enactment of this Act.
(j) Papillion Creek Watershed, Nebraska.--Beginning on the date of
enactment of this Act, the project for flood protection and other
purposes in the Papillion Creek Basin, Nebraska, authorized by section
203 of the Flood Control Act of 1968 (82 Stat.
[[Page 138 STAT. 3113]]
743) is modified to deauthorize the portions of the project known as Dam
Site 7 and Dam Site 12.
(k) Truckee River, Nevada.--Beginning on the date of enactment of
this Act, the project for flood risk management, Truckee Meadows,
Nevada, authorized by section 7002(2) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1366), is no longer authorized.
(l) Newtown Creek Federal Navigation Channel, New York.--
(1) In general.--Beginning on the date of enactment of this
Act, the project for navigation, Newtown Creek Federal
navigation channel, New York, authorized by the first section of
the Act of March 2, 1919 (chapter 95, 40 Stat. 1276; 446 Stat.
920; 50 Stat. 845) is modified to deauthorize a portion of the
channel in East Branch, consisting of the area described in
paragraph (2).
(2) Area described.--The area referred to in paragraph (1)
is the area beginning at a point North 40.718066 and West
73.923931, and extending upstream.
(m) Souris River Basin, North Dakota.--The Talbott's Nursery
portion, consisting of approximately 2,600 linear feet of levee, of
stage 4 of the project for flood control, Souris River Basin, North
Dakota, authorized by section 1124 of the Water Resources Development
Act of 1986 (100 Stat. 4243; 101 Stat. 1329-111), is no longer
authorized beginning on the date of enactment of this Act.
(n) Monroe Bay and Creek Federal Channel, Virginia.--
(1) In general.--Beginning on the date of enactment of this
Act, the project for navigation, Monroe Bay and Creek, Virginia,
authorized by the first section of the Act of July 3, 1930
(chapter 847, 46 Stat. 922), is modified to deauthorize a
portion of the turning and anchorage basin, consisting of the
area described in paragraph (2).
(2) Area described.--The area referred to in paragraph (1)
is 500 feet wide by 300 feet long of the turning and anchorage
basin starting at the upstream limit (end) of the turning and
anchorage basin near Robins Grove Port. This area is further
defined by the following coordinates, Easting: 1322718.74,
Northing: 209016.31; Easting: 1323145.05, Northing: 208755.00;
Easting: 1322988.29, Northing: 208499.27; Easting: 1322561.97,
Northing: 208760.59.
(o) Seattle Harbor, Washington.--
(1) In general.--Beginning on the date of enactment of this
Act, the project for navigation, Seattle Harbor, Washington,
authorized by the first section of the Act of August 30, 1935
(chapter 831, 49 Stat. 1039), is modified to deauthorize the
portion of the project within the East Waterway consisting of
the area described in paragraph (2).
(2) Area described.--The area referred to in paragraph (1)
is the area--
(A) beginning at the southwest corner of Block 386,
Plat of Seattle Tidelands (said corner also being a
point on the United States pierhead line);
(B) thence north 9000'00'' west along the
projection of the south line of Block 386, 206.58 feet
to the centerline of the East Waterway;
[[Page 138 STAT. 3114]]
(C) thence north 1430'00'' east along the
centerline and parallel with the northwesterly line of
Block 386, 64.83 feet;
(D) thence north 3332'59'' east, 235.85 feet;
(E) thence north 3955'22'' east, 128.70 feet;
(F) thence north 1430'00'' east parallel with the
northwesterly line of Block 386, 280.45 feet;
(G) thence north 9000'00'' east, 70.00 feet to the
pierhead line and the northwesterly line of Block 386;
and
(H) thence south 1430'00'' west, 650.25 feet along
said pierhead line and northwesterly line of Block 386
to the point of beginning.
(p) <<NOTE: Reports. California.>> Study on Additional
Deauthorization.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate on the
impacts of deauthorizing of the portions of the project for flood
protection on the Lower San Joaquin River and tributaries, California,
authorized by section 10 of the Act of December 22, 1944 (chapter 665,
58 Stat. 901) consisting of the right bank of the San Joaquin River
between levee miles 0.00 on the left bank of the Tuolumne River and
levee mile 3.76 on the San Joaquin River, California.
SEC. 1303. GENERAL REAUTHORIZATIONS.
(a) Las Vegas, Nevada.--Section 529(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865;
136 Stat. 4631) is amended by striking ``$40,000,000'' and inserting
``$60,000,000''.
(b) Invasive Species in Alpine Lakes Pilot Program.--Section 507(c)
of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is
amended by striking ``2028'' and inserting ``2030''.
(c) Environmental Banks.--Section 309(e) of the Coastal Wetlands
Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended
by striking ``12'' and inserting ``14''.
(d) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the Water
Resources Development Act of 2007 (33 U.S.C. 3303a(g)(2)(E)(i)) is
amended by striking ``2028'' and inserting ``2030''.
(e) Non-Federal Implementation Pilot Program.--Section 1043(b) of
the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
note) is amended by striking ``2026'' each place it appears and
inserting ``2030''.
(f) Asian Carp Prevention and Control Pilot Program.--Section 509(a)
of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended--
(1) in paragraph (2)(C)(ii), by striking ``2024'' and
inserting ``2030''; and
(2) in paragraph (7), by striking ``2 years thereafter'' and
inserting ``2 years after the date of enactment of the Water
Resources Development Act of 2024''.
(g) Transfer of Excess Credit.--Section 1020 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2223) is amended by
striking ``2028'' and inserting ``2030'' each place it appears.
[[Page 138 STAT. 3115]]
(h) Pilot Programs on the Formulation of Corps of Engineers Projects
in Rural Communities and Economically Disadvantaged Communities.--
Section 118 of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note) is amended--
(1) in subsection (e), by striking ``5 years and 10 years''
and inserting ``5 years, 10 years, and 15 years'';
(2) in subsection (g), by striking ``10 years'' and
inserting ``15 years''; and
(3) by adding at the end the following:
``(h) <<NOTE: State listing.>> Priority Projects.--In carrying out
this section, the Secretary shall prioritize the following projects:
``(1) The project for flood risk management, city of Rialto,
California, authorized by section 1201 of the Water Resources
Development Act of 2024.
``(2) The project for ecosystem restoration and recreation,
Santa Ana River, Jurupa Valley, California, authorized by
section 1201 of the Water Resources Development Act of 2024.
``(3) The project for flood control and other purposes,
Kentucky River and its tributaries, Kentucky, authorized by
section 6 of the Act of August 11, 1939 (chapter 699, 53 Stat.
1416).
``(4) The project for flood risk management, Kentucky River,
Kentucky, authorized by section 8201(a)(31) of the Water
Resources Development Act of 2022 (136 Stat. 3746).
``(5) The project for navigation, Hagaman Chute, Lake
Providence, Louisiana, authorized by section 1201 of the Water
Resources Development Act of 2024.
``(6) The project for flood risk management, Otero County,
New Mexico, authorized by section 1201 of the Water Resources
Development Act of 2024.
``(7) The project for flood control and other purposes,
Susquehanna River Basin, Williamsport, Pennsylvania, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1573).
``(8) The project for flood risk management and ecosystem
restoration, Winooski River basin, Vermont, authorized by
section 1201 of the Water Resources Development Act of 2024.
``(9) The project for flood risk management and sediment
management, Grays River, Wahkiakum County, Washington,
authorized by section 1201 of the Water Resources Development
Act of 2024.''.
(i) Rehabilitation of Existing Levees.--Section 3017(e) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note) is
amended by striking ``2028'' and inserting ``2033''.
(j) Extension for Certain Invasive Species Programs.--Section
104(b)(2)(A) of the River and Harbor Act of 1958 (33 U.S.C.
610(b)(2)(A)) is amended--
(1) in clause (i), by striking ``each of fiscal years 2021
through 2024'' and inserting ``each of fiscal years 2025 through
2029''; and
(2) in clause (ii), by striking ``2028'' and inserting
``2029''.
SEC. 1304. <<NOTE: State listing.>> ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258; 136 Stat.
3808) is amended by adding at the end the following:
[[Page 138 STAT. 3116]]
``(406) Buckeye, arizona.--$12,000,000 for water and
wastewater infrastructure, including water reclamation, City of
Buckeye, Arizona.
``(407) Flagstaff, arizona.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for water reclamation, withdrawal,
treatment, and distribution), Flagstaff, Arizona.
``(408) Glendale, arizona.--$5,200,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Glendale, Arizona.
``(409) Page, arizona.--$10,000,000 for water and wastewater
infrastructure, including water reclamation, City of Page,
Arizona.
``(410) Sahuarita, arizona.--$4,800,000 for water and
wastewater infrastructure, including water reclamation, in the
town of Sahuarita, Arizona.
``(411) Tohono o'odham nation, arizona.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal, treatment,
and distribution), Tohono O'odham Nation, Arizona.
``(412) Tucson, arizona.--$30,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water reclamation and recycled water systems),
Tucson, Arizona.
``(413) Winslow, arizona.--$3,000,000 for water and
wastewater infrastructure, including water reclamation, City of
Winslow, Arizona.
``(414) Adelanto, california.--$4,000,000 for water and
wastewater infrastructure in the City of Adelanto, California.
``(415) Aptos, california.--$10,000,000 for water and
wastewater infrastructure in the town of Aptos, California.
``(416) Sacramento and san joaquin rivers, bay-delta,
california.--$20,000,000 for environmental infrastructure,
including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality
enhancement, Sacramento and San Joaquin Rivers, San Francisco
Bay-Sacramento-San Joaquin River Delta watershed, California.
``(417) Bishop, california.--$2,500,000 for water and
wastewater infrastructure in the city of Bishop, California.
``(418) Bloomington, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
Bloomington, California.
``(419) Butte county, california.--$50,000,000 for water and
wastewater infrastructure, including stormwater management,
water supply, environmental restoration, and surface water
resource protection in Butte County, California.
``(420) California city, california.--$1,902,808 for water
and wastewater infrastructure, including water supply, in the
city of California City, California.
``(421) Carson, california.--$11,000,000 for water and water
supply infrastructure in the City of Carson, California.
``(422) Cedar glen, california.--$35,000,000 for water and
wastewater infrastructure, including water supply and water
storage, in Cedar Glen, California.
[[Page 138 STAT. 3117]]
``(423) Culver city, california.--$10,000,000 for water and
wastewater infrastructure, including water supply and drinking
water, in City of Culver City, California.
``(424) Colton, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Colton, California.
``(425) East san fernando valley, california.--$50,000,000
for water and wastewater infrastructure, including stormwater
management, drinking water, and water supply, in the City of Los
Angeles, California, including Sun Valley.
``(426) Fresno county, california.--$20,000,000 for water
and water supply infrastructure, including stormwater
management, surface water resource protection, and environmental
restoration, in Fresno County, California.
``(427) Georgetown divide public utility district,
california.--$20,500,000 for water and wastewater
infrastructure, including water supply and water storage, for
communities served by the Georgetown Divide Public Utility
District, California.
``(428) Grand terrace, california.--$10,000,000 for water
and wastewater infrastructure, including stormwater management,
in the city of Grand Terrace, California.
``(429) Hayward, california.--$15,000,000 for water and
wastewater infrastructure, including related environmental
infrastructure, in the city of Hayward, California.
``(430) Hollister, california.--$5,000,000 for water and
wastewater infrastructure in the city of Hollister, California.
``(431) Kern county, california.--$50,000,000 for water and
water supply infrastructure in Kern County, California.
``(432) Lake county, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
Lake County, California.
``(433) <<NOTE: Nevada. California.>> Lake tahoe basin.--
$20,000,000 for water and wastewater infrastructure, including
water supply, in the communities within the Lake Tahoe Basin in
Nevada and California.
``(434) La quinta, california.--$4,000,000 for water and
wastewater infrastructure, in the City of La Quinta, California.
``(435) Lakewood, california.--$8,000,000 for water and
wastewater infrastructure in the city of Lakewood, California.
``(436) Lawndale, california.--$6,000,000 for water and
wastewater infrastructure, including stormwater management, and
environmental infrastructure, in the city of Lawndale,
California.
``(437) Lone pine, california.--$7,000,000 for water and
wastewater infrastructure, including stormwater management, in
the town of Lone Pine, California.
``(438) Lomita, california.--$5,500,000 for water and
wastewater infrastructure, including water supply and stormwater
management, in the city of Lomita, California.
``(439) Los banos, california.--$4,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Los Banos, California.
``(440) Los olivos, california.--$4,000,000 for water and
wastewater infrastructure in the town of Los Olivos, California.
``(441) Lynwood, california.--$12,000,000 for water and
water supply infrastructure in the city of Lynwood, California.
[[Page 138 STAT. 3118]]
``(442) Madera county, california.--$27,500,000 for water
and water supply infrastructure in Madera County, California.
``(443) Milpitas, california.--$15,000,000 for water and
water supply infrastructure in the city of Milpitas, California.
``(444) Montecito, california.--$18,250,000 for water and
wastewater infrastructure, including water supply and stormwater
management, in the town of Montecito, California.
``(445) Oakland-alameda estuary, california.--$30,000,000
for environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems and water quality enhancement, Oakland-Alameda Estuary,
Oakland and Alameda Counties, California.
``(446) Oxnard, california.--$40,000,000 for water and
wastewater infrastructure, including water supply, conservation,
water reuse and related facilities, environmental restoration,
and surface water resource protection, in the city of Oxnard,
California.
``(447) Patterson, california.--$10,000,000 for water and
wastewater infrastructure, including water supply and
environmental restoration, in the city of Patterson, California.
``(448) Pomona, california.--$35,000,000 for water and
wastewater infrastructure, including water supply and drinking
water, in Pomona, California.
``(449) Rohnert park, california.--$10,000,000 for water and
water supply infrastructure in the city of Rohnert Park,
California.
``(450) Salinas, california.--$20,000,000 for water and
wastewater infrastructure, including water supply, in the city
of Salinas, California.
``(451) San benito county, california.--$10,000,000 for
water and wastewater infrastructure, including water supply, in
San Benito County, California.
``(452) San buenaventura, california.--$18,250,000 for water
and wastewater infrastructure, including water reclamation, City
of San Buenaventura, California.
``(453) San diego county, california.--$200,000,000 for
water and wastewater infrastructure, including water supply, in
San Diego County, California.
``(454) South gate, california.--$5,000,000 for water and
water supply infrastructure in the city of South Gate,
California.
``(455) San luis obispo county, california.--$5,000,000 for
water and wastewater infrastructure, including drinking water
and water supply, in San Luis Obispo County, California.
``(456) Stanislaus county, california.--$10,000,000 for
water and wastewater infrastructure, including water supply and
stormwater management, in Stanislaus County, California.
``(457) Tijuana river valley watershed, california.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure, Tijuana River Valley Watershed,
California.
``(458) Tulare county, california.--$20,000,000 for water
and water supply infrastructure, including stormwater
management, surface water resource protection, and environmental
restoration, in Tulare County, California.
[[Page 138 STAT. 3119]]
``(459) Watsonville, california.--$28,000,000 for water and
wastewater infrastructure in the city of Watsonville,
California.
``(460) Yolo county, california.--$20,000,000 for water and
wastewater infrastructure, including water supply and stormwater
management, in Yolo County, California.
``(461) Yorba linda water district, california.--$6,500,000
for water and water supply infrastructure in communities served
by the Yorba Linda Water District, California.
``(462) El paso county, colorado.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and stormwater management, El Paso County,
Colorado.
``(463) Fremont county, colorado.--$50,000,000 for water and
water supply infrastructure, in Fremont County, Colorado.
``(464) East hampton, connecticut.--$25,000,000 for water
and wastewater infrastructure, including water supply, in the
town of East Hampton, Connecticut.
``(465) East lyme, connecticut.--$25,000,000 for water and
wastewater infrastructure, including water supply, in the town
of East Lyme, Connecticut.
``(466) Rehoboth beach, lewes, dewey, bethany, south
bethany, fenwick island, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Rehoboth Beach, Lewes, Dewey, Bethany, South
Bethany, and Fenwick Island, Delaware.
``(467) Wilmington, delaware.--$25,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
Wilmington, Delaware.
``(468) Pickering beach, kitts hummock, bowers beach, south
bowers beach, slaughter beach, prime hook beach, milton,
milford, delaware.--$25,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
Pickering Beach, Kitts Hummock, Bowers Beach, South Bowers
Beach, Slaughter Beach, Prime Hook Beach, Milton, and Milford,
Delaware.
``(469) Broward county, florida.--$50,000,000 for water and
water-related infrastructure, including stormwater management,
water storage and treatment, surface water protection, and
environmental restoration, in Broward County, Florida.
``(470) Deltona, florida.--$31,200,000 for water and
wastewater infrastructure in the City of Deltona, Florida.
``(471) Longboat key, florida.--$2,000,000 for water and
wastewater infrastructure, including stormwater management, in
the Town of Longboat Key, Florida.
``(472) Marion county, florida.--$10,000,000 for water and
water supply infrastructure, including water supply, in Marion
County, Florida.
``(473) Oviedo, florida.--$10,000,000 for water and
wastewater infrastructure, including water storage and
treatment, in the city of Oviedo, Florida.
``(474) Osceola county, florida.--$5,000,000 for water and
wastewater infrastructure, including water supply, and
environmental restoration, in Osceola County, Florida.
[[Page 138 STAT. 3120]]
``(475) Central florida.--$45,000,000 for water and
wastewater infrastructure, including water supply, in Brevard
County, Orange County, and Osceola County, Florida.
``(476) Coastal georgia, georgia.--$50,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management and water
supply), in Bryan, Camden, Chatham, Effingham, Glynn, and
McIntosh Counties, Georgia.
``(477) Muscogee, henry, and clayton counties, georgia.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure (including stormwater management),
Muscogee, Henry, and Clayton Counties, Georgia.
``(478) Cobb county, georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
Cobb County, Georgia.
``(479) Dekalb county, georgia.--$40,000,000 for water and
wastewater infrastructure, including drinking water and water
treatment, in DeKalb County, Georgia.
``(480) Porterdale, georgia.--$10,000,000 for water and
wastewater infrastructure, including stormwater management,
water supply, and environmental restoration in the city of
Porterdale, Georgia.
``(481) Burley, idaho.--$20,000,000 for water and wastewater
infrastructure, including water treatment, in the city of
Burley, Idaho.
``(482) Belvidere, illinois.--$17,000,000 for water and
wastewater infrastructure in the city of Belvidere, Illinois.
``(483) Calumet city, illinois.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Calumet City, Illinois.
``(484) Dupage county, illinois.--$5,000,000 for water and
wastewater infrastructure, including water supply and drinking
water, in the village of Clarendon Hills, Illinois.
``(485) Fox river, illinois.--$9,500,000 for water and
wastewater infrastructure, including water storage and
treatment, in the villages of Lakemoor, Island Lake, and Volo,
and McHenry County, Illinois.
``(486) German valley, illinois.--$5,000,000 for water and
wastewater infrastructure, including drinking water and water
treatment, in the village of German Valley, Illinois.
``(487) Lasalle, illinois.--$4,000,000 for water and
wastewater infrastructure, including stormwater management,
drinking water, water treatment, and environmental restoration,
in the city of LaSalle, Illinois.
``(488) Rockford, illinois.--$4,000,000 for water and
wastewater infrastructure, including drinking water and water
treatment, in the city of Rockford, Illinois.
``(489) Savanna, illinois.--$2,000,000 for water and water
supply infrastructure, including drinking water, in the city of
Savanna, Illinois.
``(490) Sherrard, illinois.--$7,000,000 for water and
wastewater infrastructure, including drinking water and water
treatment, in the village of Sherrard, Illinois.
``(491) Wyandotte county and kansas city, kansas.--
$35,000,000 for water and wastewater infrastructure, including
[[Page 138 STAT. 3121]]
stormwater management (including combined sewer overflows),
Wyandotte County and Kansas City, Kansas.
``(492) Brownsville, kentucky.--$14,000,000 for water and
wastewater infrastructure, including water supply and drinking
water, in the city of Brownsville, Kentucky.
``(493) Monroe, louisiana.--$7,000,000 for water and
wastewater infrastructure, including stormwater management,
water supply, and drinking water, in the city of Monroe,
Louisiana.
``(494) Pointe celeste, louisiana.--$50,000,000 for water
and wastewater infrastructure, including pump stations, in
Pointe Celeste, Louisiana.
``(495) Easthampton, massachusetts.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including wastewater treatment plant outfalls),
Easthampton, Massachusetts.
``(496) Franklin, massachusetts.--$1,000,000 for water and
wastewater infrastructure, including stormwater management, in
the town of Franklin, Massachusetts.
``(497) Northampton, massachusetts.--$5,000,000 for water
and wastewater infrastructure, including pump stations, Hockanum
Road, Northampton, Massachusetts.
``(498) Winthrop, massachusetts.--$1,000,000 for water and
wastewater infrastructure, including stormwater management, in
the town of Winthrop, Massachusetts.
``(499) Milan, michigan.--$3,000,000 for water and
wastewater infrastructure, including water supply and drinking
water, in the city of Milan, Michigan.
``(500) Southeast michigan.--$58,000,000 for water and
wastewater infrastructure, including stormwater management and
water supply, in Genesee, Macomb, Oakland, Wayne, and Washtenaw
Counties, Michigan.
``(501) Elysian, minnesota.--$5,000,000 for water and
wastewater infrastructure, including water supply, in the city
of Elysian, Minnesota.
``(502) Le sueur, minnesota.--$3,200,000 for water and
wastewater infrastructure, including water supply, in the city
of Le Sueur, Minnesota.
``(503) Byram, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Byram, Mississippi.
``(504) Columbia, mississippi.--$4,000,000 for water and
wastewater infrastructure, including water quality enhancement
and water supply, in the city of Columbia, Mississippi.
``(505) Diamondhead, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and drainage systems, Diamondhead, Mississippi.
``(506) Hancock county, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, Hancock County,
Mississippi.
``(507) Laurel, mississippi.--$5,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Laurel, Mississippi.
[[Page 138 STAT. 3122]]
``(508) Madison, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Madison, Mississippi.
``(509) Moss point, mississippi.--$11,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Moss Point, Mississippi.
``(510) Olive branch, mississippi.--$10,000,000 for water
and wastewater infrastructure, including stormwater management,
water quality enhancement, and water supply, in the city of
Olive Branch, Mississippi.
``(511) Pearl, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, Pearl, Mississippi.
``(512) Picayune, mississippi.--$5,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Picayune, Mississippi.
``(513) Starkville, mississippi.--$6,000,000 for water and
wastewater infrastructure, including drinking water, water
treatment, water quality enhancement, and water supply, in the
city of Starkville, Mississippi.
``(514) Laughlin, nevada.--$29,000,000 for water
infrastructure, including water supply, in the town of Laughlin,
Nevada.
``(515) Nye county, nevada.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water wellfield and pipeline in the Pahrump Valley),
Nye County, Nevada.
``(516) Pahrump, nevada.--$4,000,000 for water and
wastewater infrastructure in the town of Pahrump, Nevada.
``(517) Storey county, nevada.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal, treatment,
and distribution), Storey County, Nevada.
``(518) New hampshire.--$25,000,000 for environmental
infrastructure, including water and wastewater infrastructure,
New Hampshire.
``(519) Belmar, new jersey.--$10,000,000 for water and
wastewater infrastructure, including related environmental
infrastructure and stormwater management in Belmar Township, New
Jersey.
``(520) Cape may county, new jersey.--$40,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including water supply, desalination, and
facilities for withdrawal, treatment, and distribution), Cape
May County, New Jersey.
``(521) Colesville, new jersey.--$10,000,000 for water and
wastewater infrastructure in Colesville, New Jersey.
``(522) Deptford township, new jersey.--$4,000,000 for water
and wastewater infrastructure in Deptford Township, New Jersey.
``(523) Lacey township, new jersey.--$10,000,000 for water
and wastewater infrastructure, including related environmental
infrastructure and stormwater management, in Lacey Township, New
Jersey.
[[Page 138 STAT. 3123]]
``(524) Merchantville, new jersey.--$18,000,000 for water
and wastewater infrastructure in the borough of Merchantville,
New Jersey.
``(525) Park ridge, new jersey.--$10,000,000 for water and
wastewater infrastructure in the borough of Park Ridge, New
Jersey.
``(526) Washington township, new jersey.--$3,200,000 for
water and wastewater infrastructure in Washington Township,
Gloucester County, New Jersey.
``(527) Bernalillo, new mexico.--$20,000,000 for wastewater
infrastructure in the town of Bernalillo, New Mexico.
``(528) Bosque farms, new mexico.--$10,000,000 for
wastewater infrastructure in the village of Bosque Farms, New
Mexico.
``(529) Carmel, new york.--$3,450,000 for water and
wastewater infrastructure, including stormwater management, in
the town of Carmel, New York.
``(530) Dutchess county, new york.--$10,000,000 for water
and wastewater infrastructure in Dutchess County, New York.
``(531) Kings county, new york.--$100,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in Kings County, New York.
``(532) Mohawk river and tributaries, new york.--
$100,000,000 for water and wastewater infrastructure, including
stormwater management, surface water resource protection,
environmental restoration, and related infrastructure, in the
vicinity of the Mohawk River and tributaries, including the
counties of Albany, Delaware, Fulton, Greene, Hamilton,
Herkimer, Lewis, Madison, Montgomery, Oneida, Otsego, Saratoga,
Schoharie, and Schenectady, New York.
``(533) Mount pleasant, new york.--$2,000,000 for water and
wastewater infrastructure, including stormwater management, in
the town of Mount Pleasant, New York.
``(534) New rochelle, new york.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), New Rochelle,
New York.
``(535) Newtown creek, new york.--$25,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the vicinity of Newtown
Creek, New York City, New York.
``(536) New york county, new york.--$60,000,000 for water
and wastewater infrastructure, including stormwater management
(including combined sewer overflows), in New York County, New
York.
``(537) Orange county, new york.--$10,000,000 for water and
wastewater infrastructure in Orange County, New York.
``(538) Sleepy hollow, new york.--$2,000,000 for water and
wastewater infrastructure, including stormwater management, in
the village of Sleepy Hollow, New York.
``(539) Ulster county, new york.--$10,000,000 for water and
wastewater infrastructure in Ulster County, New York.
``(540) Ramapo, new york.--$4,000,000 for water
infrastructure, including related environmental infrastructure,
in the town of Ramapo, New York.
[[Page 138 STAT. 3124]]
``(541) Rikers island, new york.--$25,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows) on Rikers Island, New York.
``(542) Yorktown, new york.--$10,000,000 for water and
wastewater infrastructure in the town of Yorktown, New York.
``(543) Canton, north carolina.--$41,025,650 for water and
wastewater infrastructure, including stormwater management, in
the town of Canton, North Carolina.
``(544) Fairmont, north carolina.--$7,137,500 for water and
wastewater infrastructure, in the town of Fairmont, North
Carolina.
``(545) Murphy, north carolina.--$1,500,000 for water and
wastewater infrastructure, including water supply, in the town
of Murphy, North Carolina.
``(546) Robbinsville, north carolina.--$3,474,350 for water
and wastewater infrastructure in the town of Robbinsville, North
Carolina.
``(547) Weaverville, north carolina.--$4,000,000 for water
and wastewater infrastructure in the town of Weaverville, North
Carolina.
``(548) City of akron, ohio.--$5,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including drainage systems), City of Akron, Ohio.
``(549) Apple creek, ohio.--$350,000 for water and
wastewater infrastructure, including stormwater management, in
the village of Apple Creek, Ohio.
``(550) Ashtabula county, ohio.--$1,500,000 for
environmental infrastructure, including water and wastewater
infrastructure (including water supply and water quality
enhancement), Ashtabula County, Ohio.
``(551) Bloomingburg, ohio.--$6,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Bloomingburg, Ohio.
``(552) Brooklyn heights, ohio.--$170,000 for water and
wastewater infrastructure, including stormwater management, in
the village of Brooklyn Heights, Ohio.
``(553) Chagrin falls regional water system, ohio.--
$3,500,000 for water and wastewater infrastructure in the
villages of Bentleyville, Chagrin Falls, Moreland Hills, and
South Russell, and the Townships of Bainbridge, Chagrin Falls,
and Russell, Ohio.
``(554) Cuyahoga county, ohio.--$11,500,000 for
environmental infrastructure, including water and wastewater
infrastructure (including combined sewer overflows), Cuyahoga
County, Ohio.
``(555) East cleveland, ohio.--$13,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), East Cleveland, Ohio.
``(556) Erie county, ohio.--$16,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows) in Erie County, Ohio.
``(557) Huron, ohio.--$7,100,000 for water and wastewater
infrastructure in the city of Huron, Ohio.
[[Page 138 STAT. 3125]]
``(558) Kelleys island, ohio.--$1,000,000 for wastewater
infrastructure in the village of Kelleys Island, Ohio.
``(559) North olmsted, ohio.--$1,175,165 for water and
wastewater infrastructure in the city of North Olmsted, Ohio.
``(560) Painesville, ohio.--$11,800,000 for water and
wastewater infrastructure, including stormwater management, in
the City of Painesville, Ohio.
``(561) Solon, ohio.--$14,137,341 for water and wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the city of Solon, Ohio.
``(562) Summit county, ohio.--$25,000,000 for water and
wastewater infrastructure, including related environmental
infrastructure, in Summit County, Ohio.
``(563) Stark county, ohio.--$24,000,000 for water and
wastewater infrastructure, including related environmental
infrastructure, in Stark County, Ohio.
``(564) Struthers, ohio.--$500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including wastewater infrastructure, stormwater management, and
sewer improvements), Struthers, Ohio.
``(565) Toledo and oregon, ohio.--$10,500,000 for water and
wastewater infrastructure in the cities of Toledo and Oregon,
Ohio.
``(566) Vermilion, ohio.--$15,400,000 for wastewater
infrastructure in the city of Vermilion, Ohio.
``(567) Westlake, ohio.--$750,000 for water and wastewater
infrastructure, including stormwater management, in the city of
Westlake, Ohio.
``(568) Stillwater, oklahoma.--$30,000,000 for environmental
infrastructure, including water and wastewater infrastructure
and water supply infrastructure (including facilities for water
storage, withdrawal, treatment, and distribution), in the city
of Stillwater, Oklahoma.
``(569) Beaverton, oregon.--$10,000,000 for water supply in
the city of Beaverton, Oregon.
``(570) Clackamas county, oregon.--$50,000,000 for water and
wastewater infrastructure, including combined sewer overflows,
in Clackamas County, Oregon.
``(571) Washington county, oregon.--$50,000,000 for water
infrastructure and water supply in Washington County, Oregon.
``(572) Pennsylvania.--$38,600,000 for environmental
infrastructure, including water and wastewater infrastructure,
Pennsylvania.
``(573) Berks county, pennsylvania.--$7,000,000 for water
and wastewater infrastructure, including water supply,
stormwater management, drinking water, and water treatment, in
Berks County, Pennsylvania.
``(574) Chester county, pennsylvania.--$7,000,000 for water
and wastewater infrastructure, including water supply,
stormwater management, drinking water, and water treatment, in
Chester County, Pennsylvania.
``(575) Franklin township, pennsylvania.--$2,000,000 for
water and wastewater infrastructure, including stormwater
management, in Franklin Township, Pennsylvania.
[[Page 138 STAT. 3126]]
``(576) Indian creek, pennsylvania.--$50,000,000 for
wastewater infrastructure in the boroughs of Telford, Franconia,
and Lower Safford, Pennsylvania.
``(577) Pen argyl, pennsylvania.--$5,000,000 for water and
wastewater infrastructure in the borough of Pen Argyl,
Pennsylvania.
``(578) Chesterfield county, south carolina.--$3,000,000 for
water and wastewater infrastructure and other environmental
infrastructure (including stormwater management), Chesterfield
County, South Carolina.
``(579) Cheraw, south carolina.--$8,800,000 for water,
wastewater, and other environmental infrastructure in the town
of Cheraw, South Carolina.
``(580) Florence county, south carolina.--$40,000,000 for
water and wastewater infrastructure in Florence County, South
Carolina.
``(581) Lake city, south carolina.--$15,000,000 for water
and wastewater infrastructure, including stormwater management
in the city of Lake City, South Carolina.
``(582) Tipton county, tennessee.--$35,000,000 for
wastewater infrastructure and water supply infrastructure,
including facilities for withdrawal, treatment, and
distribution, Tipton County, Tennessee.
``(583) Tipton, haywood, and fayette counties, tennessee.--
$50,000,000 for water and wastewater infrastructure, including
related environmental infrastructure and water supply, in
Tipton, Haywood, and Fayette Counties, Tennessee.
``(584) Austin, texas.--$50,000,000 for water and wastewater
infrastructure in the city of Austin, Texas.
``(585) Amarillo, texas.--$38,000,000 for water and
wastewater infrastructure, including stormwater management and
water storage and treatment systems, in the City of Amarillo,
Texas.
``(586) Brownsville, texas.--$40,000,000 for water and
wastewater infrastructure, in the City of Brownsville, Texas.
``(587) Clarendon, texas.--$5,000,000 for water
infrastructure, including water storage, in the city of
Clarendon, Texas.
``(588) Quinlan, texas.--$1,250,000 for water and wastewater
infrastructure in the city of Quinlan, Texas.
``(589) Runaway bay, texas.--$7,000,000 for water and
wastewater infrastructure, including stormwater management and
water storage and treatment systems, in the city of Runaway Bay,
Texas.
``(590) Webb county, texas.--$20,000,000 for wastewater
infrastructure and water supply in Webb County, Texas.
``(591) Zapata county, texas.--$20,000,000 for water and
wastewater infrastructure, including water supply, in Zapata
County, Texas.
``(592) King william county, virginia.--$1,300,000 for
wastewater infrastructure in King William County, Virginia.
``(593) Potomac river, virginia.--$1,000,000 for wastewater
infrastructure, environmental infrastructure, and water quality
improvements, in the vicinity of the Potomac River, Virginia.
[[Page 138 STAT. 3127]]
``(594) Chelan, washington.--$9,000,000 for water
infrastructure, including water supply, storage, and
distribution, in the city of Chelan, Washington.
``(595) College place, washington.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, including water supply and storage, in the city
of College Place, Washington.
``(596) Ferndale, washington.--$4,000,000 for water,
wastewater, and environmental infrastructure, in the city of
Ferndale, Washington.
``(597) Lynden, washington.--$4,000,000 for water,
wastewater, and environmental infrastructure, in the city of
Lynden, Washington.
``(598) Othello, washington.--$14,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water supply, storage, and treatment, and aquifer
storage and recovery), in the city of Othello, Washington.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform and
Development Act (33 U.S.C. 2282d), titled ``Report to Congress
on Future Water Resources Development'', or have otherwise been
reviewed by Congress.
(2) Modifications.--
(A) Alabama.--Section 219(f)(274) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3808) is amended by striking
``$50,000,000'' and inserting ``$85,000,000''.
(B) Alameda and contra costa counties, california.--
Section 219(f)(80) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat.
1258) is amended by striking ``$25,000,000'' and
inserting ``$45,000,000''.
(C) Calaveras county, california.--Section
219(f)(86) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259; 136
Stat. 3816) is amended by striking ``$13,280,000'' and
inserting ``$16,300,000''.
(D) Contra costa county, california.--Section
219(f)(87) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is
amended--
(i) in the paragraph heading, by striking
``water district'' and inserting ``county'';
(ii) by inserting ``$80,000,000, of which not
less than'' before ``$23,000,000'';
(iii) by inserting ``shall be'' after
``$23,000,000''; and
(iv) by inserting ``service area, and of which
not less than $57,000,000 shall be for water and
wastewater infrastructure, including stormwater
management and water supply, within the service
areas for the Delta Diablo Sanitation District and
the Ironhouse Sanitary District, Contra Costa
County'' after ``Water District''.
[[Page 138 STAT. 3128]]
(E) Los angeles county, california.--Section
219(f)(93) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259; 136
Stat. 3816) is amended--
(i) by striking ``$103,000,000'' and inserting
``$128,000,000''; and
(ii) by striking ``Santa Clarity Valley'' and
inserting ``Santa Clarita Valley''.
(F) Los angeles county, california environmental
assistance program.--Section 8319 of the Water Resources
Development Act of 2022 (136 Stat. 3785) is amended--
(i) in subsection (d)(3), by adding at the end
the following:
``(E) Exception.--Notwithstanding subparagraph
(A)(i), the Federal share of the cost of a project under
this section benefitting an economically disadvantaged
community (as defined by the Secretary under section of
the Water Resources Development Act of 2020 (33 U.S.C.
2201 note)) shall be 90 percent.''; and
(ii) in subsection (e)(1), by striking
``$50,000,000'' and inserting ``$100,000,000''.
(G) Los osos, california.--
(i) Project description.--Section 219(c)(27)
of the Water Resources Development Act of 1992
(106 Stat. 4835; 114 Stat. 2763A-219; 121 Stat.
1209) is amended by striking ``Wastewater'' and
inserting ``Water and wastewater''.
(ii) Authorization of appropriations for
construction assistance.--Section 219(e)(15) of
the Water Resources Development Act of 1992 (106
Stat. 4835; 110 Stat. 3757; 121 Stat. 1192) is
amended by striking ``$35,000,000'' and inserting
``$43,000,000''.
(H) San bernardino county, california.--Section
219(f)(101) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1260) is
modified by striking ``$9,000,000'' and inserting
``$24,000,000''.
(I) South perris, california.--Section 219(f)(52) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A-220; 134 Stat.
2718) is amended by striking ``$50,000,000'' and
inserting ``$100,000,000''.
(J) Kent, delaware.--Section 219(f)(313) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 136 Stat. 3810) is amended by striking
``$35,000,000'' and inserting ``$40,000,000''.
(K) New castle, delaware.--Section 219(f)(314) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3810) is amended by
striking ``$35,000,000'' and inserting ``$40,000,000''.
(L) Sussex, delaware.--Section 219(f)(315) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 136 Stat. 3810) is amended by striking
``$35,000,000'' and inserting ``$40,000,000''.
(M) Palm beach county, florida.--Section 219(f)(129)
of the Water Resources Development Act of
[[Page 138 STAT. 3129]]
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1261) is
amended by striking ``$7,500,000'' and inserting
``$57,500,000''.
(N) Atlanta, georgia.--Section 219(e)(5) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
110 Stat. 3757; 113 Stat. 334) is amended by striking
``$75,000,000'' and inserting ``$100,000,000''.
(O) East point, georgia.--Section 219(f)(136) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1261; 136 Stat. 3817) is
amended by striking ``$15,000,000'' and inserting
``$20,000,000''.
(P) Guam.--Section 219(f)(323) of the Water
Resources Development Act of 1992 (136 Stat. 3811) is
amended by striking ``$10,000,000'' and inserting
``$35,000,000''.
(Q) Maui, hawaii.--Section 219(f)(328) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3811) is modified by striking
``$20,000,000'' and inserting ``$50,000,000''.
(R) Cook county and lake county, illinois.--Section
219(f)(54) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-
221) is amended by striking ``$100,000,000'' and
inserting ``$149,000,000''.
(S) Forest park, illinois.--Section 219(f)(330) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3811) is amended by
striking ``$10,000,000'' and inserting ``$50,000,000''.
(T) Madison and st. clair counties, illinois.--
Section 219(f)(55) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-221; 134 Stat. 2718; 136 Stat. 3817) is amended--
(i) by inserting ``(including stormwater
management)'' after ``wastewater assistance''; and
(ii) by striking ``$100,000,000'' and
inserting ``$150,000,000''.
(U) South central illinois.--Section 219(f)(333) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3812) is amended--
(i) in the paragraph heading, by striking
``Montgomery and christian counties, illinois''
and inserting ``South central illinois''; and
(ii) by striking ``Montgomery County and
Christian County'' and inserting ``Montgomery
County, Christian County, Fayette County, Shelby
County, Jasper County, Richland County, Crawford
County, and Lawrence County''.
(V) Will county, illinois.--Section 219(f)(334) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3808) is amended by
striking ``$30,000,000'' and inserting ``$36,000,000''.
(W) Baton rouge, louisiana.--Section 219(f)(21) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A-220; 121 Stat.
1226; 136 Stat. 3817) is amended by striking
``$90,000,000'' and inserting ``$100,000,000''.
(X) East atchafalaya basin and amite river basin
region, louisiana.--Section 5082(i) of the Water
Resources
[[Page 138 STAT. 3130]]
Development Act of 2007 (121 Stat. 1226) is amended by
striking ``$40,000,000'' and inserting ``$45,000,000''.
(Y) Lafourche parish, louisiana.--Section
219(f)(146) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is
amended by striking ``$2,300,000'' and inserting
``$7,300,000''.
(Z) South central planning and development
commission, louisiana.--Section 219(f)(153) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1262; 136 Stat. 3817) is amended by
striking ``$12,500,000'' and inserting ``$17,500,000''.
(AA) Southeast louisiana region, louisiana.--Section
5085(i) of the Water Resources Development Act of 2007
(121 Stat. 1228) is amended by striking ``$17,000,000''
and inserting ``$22,000,000''.
(BB) Fitchburg, massachusetts.--Section 219(f)(336)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(CC) Haverhill, massachusetts.--Section 219(f)(337)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(DD) Lawrence, massachusetts.--Section 219(f)(338)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(EE) Lowell, massachusetts.--Section 219(f)(339) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(FF) Methuen, massachusetts.--Section 219(f)(340) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$20,000,000'' and inserting ``$30,000,000''.
(GG) Macomb county, michigan.--Section 219(f)(345)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is amended by
striking ``$40,000,000'' and inserting ``$90,000,000''.
(HH) Michigan.--Section 219(f)(157) of the Water
Resources Development Act of 1992 (106 Stat. 4825; 113
Stat. 336; 121 Stat. 1262; 136 Stat. 3818) is amended--
(i) in the paragraph heading, by striking
``Michigan combined sewer overflows'' and
inserting ``Michigan''; and
(ii) in subparagraph (A) by striking
``$85,000,000'' and inserting ``$160,000,000''.
(II) Biloxi, mississippi.--Section 219(f)(163) of
the Water Resources Development Act of 1992 (106 Stat,
4835; 113 Stat. 334; 121 Stat. 1263) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
(JJ) Desoto county, mississippi.--Section 219(f)(30)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 119
Stat. 282; 119 Stat. 2257; 122 Stat. 1623; 134 Stat.
2718) is
[[Page 138 STAT. 3131]]
amended by striking ``$130,000,000'' and inserting
``$170,000,000''.
(KK) Jackson, mississippi.--Section 219(f)(167) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1263; 136 Stat. 3818) is
amended by striking ``$125,000,000'' and inserting
``$139,000,000''.
(LL) Madison county, mississippi.--Section
219(f)(351) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3813) is
amended by striking ``$10,000,000'' and inserting
``$24,000,000''.
(MM) Meridian, mississippi.--Section 219(f)(352) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3813) is amended by
striking ``$10,000,000'' and inserting ``$26,000,000''.
(NN) Rankin county, mississippi.--Section
219(f)(354) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3813) is
amended by striking ``$10,000,000'' and inserting
``$24,000,000''.
(OO) Northern missouri.--Section 8353(d)(3) of the
Water Resources Development Act of 2022 (136 Stat. 3800)
is amended by adding at the end:
``(E) Exception.--Notwithstanding subparagraph
(A)(i), the Federal share of the cost of a project under
this section benefitting an economically disadvantaged
community (as defined by the Secretary under section 160
of the Water Resources Development Act of 2020 (33 14
U.S.C. 2201 note)) shall be 90 percent.''.
(PP) St. louis, missouri.--Section 219(f)(32) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 337; 121 Stat. 1233; 134 Stat. 2718) is
amended by striking ``$70,000,000'' and inserting
``$100,000,000''.
(QQ) Camden, new jersey.--Section 219(f)(357) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 136 Stat. 3813) is amended by striking
``$119,000,000'' and inserting ``$143,800,000''.
(RR) Central new mexico.--Section 593(h) of the
Water Resources Development Act of 1999 (113 Stat. 380;
119 Stat. 2255; 136 Stat. 3820) is amended by striking
``$100,000,000'' and inserting ``$150,000,000''.
(SS) Kiryas joel, new york.--Section 219(f)(184) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1264) is amended by
striking ``$5,000,000'' and inserting ``$25,000,000''.
(TT) Queens, new york.--Section 219(f)(377) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 136 Stat. 3814) is amended by striking
``$119,200,000'' and inserting ``$190,000,000''.
(UU) New york city watershed.--Section 552(a) of the
Water Resources Development Act of 1996 (110 Stat. 3780;
136 Stat. 3821) is amended by adding at the end the
following:
``(3) Considerations.--In carrying out this section, the
Secretary may consider natural and nature-based
infrastructure.''.
(VV) North carolina.--Section 5113 of the Water
Resources Development Act of 2007 (121 Stat. 1237) is
[[Page 138 STAT. 3132]]
amended in subsection (f) by striking ``$13,000,000''
and inserting ``$50,000,000''.
(WW) Cleveland, ohio.--Section 219(f)(207) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1265) is amended by striking
``$2,500,000 for Flats East Bank'' and inserting
``$25,500,000''.
(XX) Cincinnati, ohio.--Section 219(f)(206) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1265) is amended by striking
``$1,000,000'' and inserting ``$31,000,000''.
(YY) Midwest city, oklahoma.--Section 219(f)(231) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1266; 134 Stat 2719) is
amended by striking ``$5,000,000'' and inserting
``$15,000,000''.
(ZZ) Woodward, oklahoma.--Section 219(f)(236) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1266) is amended by striking
``$1,500,000'' and inserting ``$3,000,000''.
(AAA) Southwestern oregon.--Section 8359 of the
Water Resources Development Act of 2022 (136 Stat. 3802)
is amended--
(i) in subsection (e)(1), by striking
``$50,000,000'' and inserting ``$100,000,000'';
and
(ii) in subsection (f), by inserting
``Lincoln,'' after ``Lane,''.
(BBB) Hatfield borough, pennsylvania.--Section
219(f)(239) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1266) is
amended by striking ``$310,000'' and inserting
``$3,000,000''.
(CCC) Northeast pennsylvania.--Section 219(f)(11) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334) is amended by striking
``$20,000,000 for water related infrastructure'' and
inserting ``$70,000,000 for water and wastewater
infrastructure, including water supply''.
(DDD) Philadelphia, pennsylvania.--Section
219(f)(243) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1266) is
amended--
(i) by striking ``$1,600,000'' and inserting
``$3,000,000''; and
(ii) by inserting ``water supply and'' before
``wastewater''.
(EEE) Phoenixville borough, chester county,
pennsylvania.--Section 219(f)(68) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334;
114 Stat. 2763A-221) is amended by striking ``$2,400,000
for water and sewer infrastructure'' and inserting
``$10,000,000 for water and wastewater infrastructure,
including stormwater infrastructure and water supply''.
(FFF) Lakes marion and moultrie, south carolina.--
Section 219(f)(25) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat.
2763A-220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat.
[[Page 138 STAT. 3133]]
3818; 134 Stat. 2719; 136 Stat. 3818) is amended by
striking ``$165,000,000'' and inserting
``$235,000,000''.
(GGG) Mount pleasant, south carolina.--Section
219(f)(393) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3815) is
amended by striking ``$7,822,000'' and inserting
``$20,000,000''.
(HHH) Smith county, tennessee.--Section 219(f)(395)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 136 Stat. 3815) is amended by
striking ``$19,500,000'' and inserting ``$69,500,000''.
(III) Dallas county region, texas.--Section 5140 of
the Water Resources Development Act of 2007 (121 Stat.
1251) is amended in subsection (i) by striking
``$40,000,000'' and inserting ``$100,000,000''.
(JJJ) Texas.--Section 5138 of the Water Resources
Development Act of 2007 (121 Stat. 1250; 136 Stat. 3821)
is amended in subsection (i) by striking ``$80,000,000''
and inserting ``$200,000,000''.
(KKK) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117
Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440;
121 Stat. 1219; 123 Stat. 2851; 128 Stat. 1316; 130
Stat. 1681; 134 Stat. 2719; 136 Stat. 3822) is amended--
(i) in subsection (a)--
(I) by redesignating paragraphs (1)
and (2) as paragraphs (2) and (3),
respectively; and
(II) by inserting before paragraph
(2) (as so redesignated) the following:
``(1) <<NOTE: Definition.>> Non-federal interest.--The term
`non-Federal interest' includes an entity declared to be a
political subdivision of the State of New Mexico.'';
(ii) in subsection (c)(1)--
(I) by inserting by inserting ``,
including natural and nature-based
infrastructure'' after ``water-related
environmental infrastructure'';
(II) in subparagraph (C), by
striking ``and'' at the end; and
(III) by adding at the end the
following:
``(E) drought resilience measures; and''; and
(iii) in subsection (i)--
(I) in paragraph (1), by striking
``$800,000,000'' and inserting
``$850,000,000''; and
(II) in paragraph (2), by striking
``$200,000,000'' and inserting
``$250,000,000''.
(LLL) Milwaukee, wisconsin.--Section 219(f)(405) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 136 Stat. 3816) is amended by
striking ``$4,500,000'' and inserting ``$11,000,000''.
(3) Effect on authorization.--Notwithstanding the operation
of section 6001(e) of the Water Resources Reform and Development
Act of 2014 (as in effect on the day before the date of
enactment of the Water Resources Development Act of 2016), any
project included on a list published by the Secretary pursuant
to such section the authorization for which
[[Page 138 STAT. 3134]]
is amended by this subsection remains authorized to be carried
out by the Secretary.
SEC. 1305. <<NOTE: 33 USC 2201 note.>> ENVIRONMENTAL
INFRASTRUCTURE PILOT PROGRAM.
(a) In General.--Notwithstanding subsection (b) of section 219 of
the Water Resources Development Act of 1992 (106 Stat. 4835) and subject
to the availability of appropriations, in carrying out projects under
that section benefitting an economically disadvantaged community (as
defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)), the Secretary may
increase the Federal share of the cost of those projects to not more
than 90 percent.
(b) Limitation.--The total amount expended for an increased Federal
share for all projects under subsection (a) shall not exceed $10,000,000
for each fiscal year.
(c) Termination.--The authority provided by this section expires on
the date that is 7 years after the date of enactment of this Act.
SEC. 1306. <<NOTE: State listing.>> CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) <<NOTE: Determination.>> Survey to obtain legal
description.--The exact acreage and the legal description of any
real property to be conveyed under this section shall be
determined by a survey that is satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on the
real property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(b) City of Los Angeles, California.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration to the City of Los Angeles, California,
all right, title, and interest of the United States in and to
the real property described in paragraph (2), for the purpose of
housing a fire station, swiftwater rescue facility, and
firefighter training facility.
(2) Property.--The property to be conveyed under this
subsection is the approximately 11.25 acres of land, including
improvements on that land, located at 5101 Sepulveda Boulevard,
Sherman Oaks, California.
(3) <<NOTE: Determination.>> Reversion.--If the Secretary
determines at any time that the property conveyed under this
subsection is not in
[[Page 138 STAT. 3135]]
accordance with the purpose specified in paragraph (1), all
right, title, and interest in and to the property shall revert,
at the discretion of the Secretary, to the United States.
(c) Salinas Dam and Reservoir, California.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration, to the County of San Luis Obispo,
California, all right, title, and interest of the United States
in and to the real property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is Salinas Dam and Reservoir (Santa Margarita Lake),
California.
(3) Safety requirements.--The Secretary shall, in
consultation with appropriate Federal and non-Federal entities,
ensure the property described in paragraph (2) meets applicable
State and Federal dam safety requirements before conveying such
property under this subsection.
(4) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not used for a public purpose, all right, title, and interest in
and to the property shall revert, at the discretion of the
Secretary, to the United States.
(d) Dillard Road, Indiana.--
(1) Conveyance authorized.--The Secretary shall convey to
the State of Indiana all right, title, and interest of the
United States, together with any improvements on the land, in
and to the property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 11.85 acres of land and road
easements associated with Dillard Road, including improvements
on that land, located in Patoka Township, Crawford County,
Indiana.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not used for a public purpose, all right, title, and interest in
and to the property shall revert, at the discretion of the
Secretary, to the United States.
(e) Port of Skamania County, Washington.--
(1) <<NOTE: Determination.>> Conveyance authorized.--Upon
receipt from the Port of Skamania County, Washington, of an
amount that is not less than fair market value, as determined by
the Secretary, the Secretary shall convey to the Port of
Skamania County, Washington, all right, title, and interest of
the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 1.6 acres of land, including
improvements on that land, consisting of the following: Lot I-2
in the Fifth Addition to the Plats of Relocated North Bonneville
recorded in Volume B of Plat Records, Pages 51 and 52, Skamania
County Auditor's File No. 94016.
(3) Waiver of property screening provision.--Section 401(e)
of Public Law 100-581 (102 Stat. 2944) shall not apply to the
conveyance under this subsection.
[[Page 138 STAT. 3136]]
(f) Technical Correction.--Section 8377(e)(3)(B) of the Water
Resources Development Act of 2022 (136 Stat. 3825) is amended by
striking ``reserved an retained'' and inserting ``reserved and
retained''.
SEC. 1307. SELMA, ALABAMA.
The Federal share of the cost of the project for flood risk
management, Selma Flood Risk Management and Bank Stabilization, Alabama,
authorized by section 8401(2) of the Water Resources Development Act of
2022 (136 Stat. 3838), shall be 100 percent.
SEC. 1308. BARROW, ALASKA.
For purposes of implementing the coastal erosion project, Barrow,
Alaska, authorized pursuant to section 116 of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (123 Stat.
2851) the Secretary may consider the North Slope Borough to be in
compliance with section 402(a) of the Water Resources Development Act of
1986 (33 U.S.C. 701b-12(a)) on adoption by the North Slope Borough
Assembly of a floodplain management plan to reduce the impacts of flood
events in the immediate floodplain area of the project, if the plan--
(1) was developed in consultation with the Secretary and the
Administrator of the Federal Emergency Management Agency in
accordance with the guidelines developed under section 402(c) of
such Act; and
(2) is approved by the Secretary.
SEC. 1309. LOWELL CREEK TUNNEL, ALASKA.
Section 5032(a)(2) of the Water Resources Development Act of 2007
(121 Stat. 1205; 134 Stat. 2719) is amended by striking ``20'' and
inserting ``25''.
SEC. 1310. SAN FRANCISCO BAY, CALIFORNIA.
Section 142 of the Water Resources Development Act of 1976 (90 Stat.
2930; 100 Stat. 4158) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) The
Secretary'';
(2) by inserting ``, Contra Costa,'' before ``and Solano'';
and
(3) by adding at the end the following:
``(b) <<NOTE: Investigations.>> Additional Purposes.--In carrying
out subsection (a), the Secretary shall--
``(1) include the ocean shorelines of each county;
``(2) with respect to the bay and ocean shorelines of each
county--
``(A) investigate measures to adapt to rising sea
levels;
``(B) consider the needs of economically
disadvantaged communities within the study area,
including identification of areas in which
infrastructure for transportation, wastewater, housing,
and other economic assets of such communities are most
vulnerable to flood or shoreline risks; and
``(C) to the maximum extent practicable, consider
the use of natural features or nature-based features and
the beneficial use of dredged materials; and
``(3) with respect to the bay and ocean shorelines, and
streams running to the bay and ocean shorelines, of each county,
investigate the effects of proposed flood or shoreline
protection, coastal storm risk reduction, environmental
infrastructure, and other measures or improvements on--
[[Page 138 STAT. 3137]]
``(A) the local economy, including recreation;
``(B) aquatic ecosystem restoration, enhancement, or
expansion efforts or opportunities;
``(C) public infrastructure protection and
improvement;
``(D) stormwater runoff capacity and control
measures, including those that may mitigate flooding;
``(E) erosion of beaches and coasts; and
``(F) any other measures or improvements relevant to
adapting to rising sea levels.''.
SEC. 1311. SANTA ANA RIVER MAINSTEM, CALIFORNIA.
(a) Santa Ana Creek, Including Santiago Creek.--
(1) Modification.--The project for flood control, Santa Ana
River Mainstem Project, including Santiago Creek, California,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4113; 101 Stat. 1329-111; 104 Stat. 4611;
110 Stat. 3713; 121 Stat. 1115), is modified to require the
Secretary to treat construction of the Santiago Creek Channel as
a separable element of the project.
(2) Prohibition.--The Secretary may not construct the
Santiago Creek Channel unless such construction minimizes the
impacts to existing trees in, or adjacent to, the Santiago Creek
Channel.
(3) Rule of construction.--Nothing in this subsection shall
affect the authorization for other portions of the project
described in paragraph (1).
(4) Definitions.--In this subsection:
(A) Santiago creek channel.--The term ``Santiago
Creek Channel'' means the portion of the project for
flood control, Santa Ana River Mainstem Project,
including Santiago Creek, California, authorized by
section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4113; 101 Stat. 1329-111; 104 Stat.
4611; 110 Stat. 3713; 121 Stat. 1115), consisting of
Santiago Creek downstream of the I-5 Interstate Highway
to the confluence with the Santa Ana River.
(B) Separable element.--The term ``separable
element'' has the meaning given such term in section 103
of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
(b) Report.--
(1) <<NOTE: Update.>> In general.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
provide the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate with an update on implementation
of the project for flood control, Santa Ana River Mainstem,
including Santiago Creek, California, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4113; 101 Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713; 121
Stat. 1115).
(2) Specifications.--In providing the update required under
paragraph (1), the Secretary is directed to provide specific
information on--
(A) efforts by the Secretary and the non-Federal
interest for the project to acquire the lands or
interests in lands necessary to implement the project;
[[Page 138 STAT. 3138]]
(B) the status of potential reimbursement requests
by the non-Federal interest for such lands or interests;
and
(C) the status of ongoing requests by the non-
Federal interest for approval by the Secretary of
pending land (or interest in land) appraisals and
litigation settlements associated with such lands or
interests in lands.
SEC. 1312. COLEBROOK RIVER RESERVOIR, CONNECTICUT.
(a) <<NOTE: Deadline.>> Contract Termination Request.--Not later
than 90 days after the date on which the Secretary receives a request
from the Metropolitan District of Hartford County, Connecticut, to
terminate the Colebrook River Reservoir contract, the Secretary shall
offer to amend the contract to release to the United States all rights
of the Metropolitan District of Hartford, Connecticut, to utilize water
storage space in the reservoir project to which the contract applies.
(b) Relief of Certain Obligations.--On execution of the amendment
described in subsection (a), the Metropolitan District of Hartford
County, Connecticut, shall be relieved of the obligation to pay the
percentage of the annual operation and maintenance expense, the
percentage of major replacement cost, and the percentage of major
rehabilitation cost allocated to the water supply storage specified in
the Colebrook River Reservoir contract for the reservoir project to
which the contract applies.
(c) Colebrook River Reservoir Contract Defined.--In this section,
the term ``Colebrook River Reservoir contract'' means the contract
between the United States and the Metropolitan District of Hartford
County, Connecticut, numbered DA-19-016-CIVENG-65-203, with respect to
the Colebrook River Reservoir in Connecticut.
SEC. 1313. FAULKNER ISLAND, CONNECTICUT.
Section 527 of the Water Resources Development Act of 1996 (110
Stat. 3767) is amended by striking ``$4,500,000'' and inserting
``$8,000,000''.
SEC. 1314. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
Section 8215(b) of the Water Resources Development Act of 2022 is
amended <<NOTE: 136 Stat. 3760.>> by adding at the end the following:
``(6) Federal share.--The Federal share of the cost of
carrying out paragraph (1) shall be 90 percent.''.
SEC. 1315. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH
CAROLINA.
Section 1319(c) of the Water Resources Development Act of 2016 (130
Stat. 1703; 136 Stat. 3792) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Project is modified to include--
``(A) full repair of the New Savannah Bluff Lock and
Dam structure;
``(B) modification of the structure such that the
structure is able to maintain a stable pool with the
same daily average elevation as is achieved by the
existing structure, as measured at both the United
States Geological Survey Gage 02196999, located at the
New Savannah Bluff Lock and Dam, and the United States
Geological Survey Gage
[[Page 138 STAT. 3139]]
02196670, located in the vicinity of the Fifth Street
Bridge, Augusta, Georgia, which at the New Savannah
Bluff Lock and Dam is between 114.5 and 115 feet
National Geodetic Vertical Datum of 1929 (NGVD29);
``(C) construction of a fish passage structure as
recommended in the report of the Chief of Engineers for
the Project, dated August 17, 2012, or such other
Project feature that appropriately mitigates impacts to
fish habitat caused by the Project without removing the
dam; and
``(D) conveyance by the Secretary to Augusta-
Richmond County, Georgia, of the park and recreation
area adjacent to the New Savannah Bluff Lock and Dam,
without consideration.'';
(2) in paragraph (2), by adding at the end the following:
``(C) Ceiling.--The costs of construction to be paid
by the Georgia Ports Authority as a non-Federal interest
for the Project for the modifications authorized under
paragraph (1) shall not exceed the costs that would be
paid by such non-Federal interest for construction of
the fish passage structure recommended in the report of
the Chief of Engineers for the Project, dated August 17,
2012.''; and
(3) in paragraph (3), by striking ``the cost sharing of the
Project as provided by law'' and inserting ``the cost sharing of
the fish passage structure as recommended in the report of the
Chief of Engineers for the Project, dated August 17, 2012''.
SEC. 1316. <<NOTE: Time period.>> GREAT LAKES AND MISSISSIPPI
RIVER INTERBASIN PROJECT, BRANDON ROAD,
WILL COUNTY, ILLINOIS.
After completion of construction of the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(5) of the
Water Resources Development Act of 2020 (134 Stat. 2740; 134 Stat. 2742;
136 Stat. 3793), the Federal share of operation and maintenance costs of
the project shall be 90 percent for the 10-year period beginning on the
date on which Federal funds are first provided for such costs.
SEC. 1317. LAROSE TO GOLDEN MEADOW, LOUISIANA.
(a) Scoping of Evaluation.--
(1) <<NOTE: Deadline.>> Study.--Not later than June 30,
2025, the Secretary shall complete a study of the following
relating to the covered project:
(A) Any project modifications undertaken by the non-
Federal interest for the covered project since 2005 not
constructed in accordance with section 14 of the Act of
March 3, 1899 (33 U.S.C. 408).
(B) Current elevations required for the covered
project to meet the 100-year level of risk reduction.
(C) Whether project modifications undertaken by the
non-Federal interest for the covered project since 2005
were injurious to the covered project or the public.
(D) Any deviations from design guidelines acceptable
for the covered project.
(E) Improvements needed for the covered project to
address any deficiencies according to current design
guidelines of the Corps of Engineers district in which
the covered project is located.
[[Page 138 STAT. 3140]]
(F) A re-evaluation of project economics.
(2) <<NOTE: Recommenda- tions.>> Report.--Not later than 90
days after completing the study under paragraph (1), the
Secretary shall submit to Congress a report that includes--
(A) the results of the study;
(B) a recommendation for a pathway into a systemwide
improvement plan created pursuant to section 5(c)(2) of
the Act of August 18, 1941 (33 U.S.C. 701n(c)) (as
amended by this Act); and
(C) recommendations for improvement to the covered
project to address any deficiencies.
(b) Covered Project Defined.--In this section, the term ``covered
project'' means the Larose to Golden Meadow project, Louisiana,
authorized by the Flood Control Act of 1965 as the Grand Isle and
vicinity project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 1318. MORGANZA TO THE GULF OF MEXICO, LOUISIANA.
Section 1001(24) of the Water Resources Development Act of 2007 (121
Stat. 1053) is amended by adding at the end the following:
``(C) <<NOTE: Determination.>> Credit.--The
Secretary shall credit toward the non-Federal share of
the cost of the project described in subparagraph (A)
the cost of work carried out by the non-Federal interest
for interim flood protection after March 31, 1989, if
the Secretary determines that the work--
``(i) is integral to the project;
``(ii) <<NOTE: Compliance.>> complies with all
applicable Federal laws, regulations, and policies
that were in place at the time the work was
completed; and
``(iii) notwithstanding the date described in
this subparagraph, is otherwise in compliance with
the requirements of section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b).''.
SEC. 1319. <<NOTE: Deadlines. Determinations.>> PORT FOURCHON
BELLE PASS CHANNEL, LOUISIANA.
(a) Study Request.--If the non-Federal interest for the Port
Fourchon project requests to undertake a feasibility study for a
modification to the project under section 203(a)(1)(B) of the Water
Resources Development Act of 1986 (as amended by this Act), the
Secretary shall provide to the non-Federal interest, not later than 30
days after the date on which the Secretary receives such request, a
determination in accordance with section 203(a)(3) of such Act (as
amended by this Act).
(b) Notification of Additional Analyses and Reviews.--Not later than
30 days after receiving a feasibility study for modification to the Port
Fourchon project submitted by the non-Federal interest for the project
under section 203(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2231(a)), the Secretary shall--
(1) review the study and determine, in accordance with
section 203(b)(3)(C) such Act (as added by this Act), whether
additional information is needed for the Secretary to perform
the required analyses, reviews, and compliance processes;
(2) <<NOTE: List.>> provide the non-Federal interest with a
comprehensive list of additional information needs, as
applicable; and
(3) if additional information is not needed, inform the non-
Federal interest that the study submission is complete.
(c) Analysis, Review, and Compliance.--
[[Page 138 STAT. 3141]]
(1) In general.--Subject to paragraphs (2) and (3), not
later than 180 days after the Secretary receives the study for
the Port Fourchon project described in subsection (b), the
Secretary shall complete the analyses, review, and compliance
processes for the project required under section 203(b) of the
Water Resources Development Act of 1986, issue a finding of no
significant impact or a record of decision, and submit such
finding or decision to the non-Federal interest.
(2) Exception.--The Secretary may delay the issuance of the
finding or record of decision required under paragraph (1) if--
(A) the Secretary has not received necessary
information or approvals from another entity, including
the non-Federal interest, in a manner that affects the
ability of the Secretary to meet any requirements under
State, local, or Federal law; or
(B) significant new information or circumstances,
including a major modification to an aspect of the Port
Fourchon project, requires additional analysis by the
Secretary.
(3) <<NOTE: Determination.>> Notification of additional
time.--If the Secretary determines that more than 180 days will
be required to carry out paragraph (1), the Secretary shall
notify the Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Environment and
Public Works of the Senate, and the non-Federal interest and
describe the basis for requiring additional time.
(d) Port Fourchon Project Defined.--In this section, the term ``Port
Fourchon project'' means the project for navigation, Port Fourchon Belle
Pass Channel, Louisiana, authorized by section 403(a)(4) of the Water
Resources Development Act of 2020 (134 Stat. 2743).
SEC. 1320. UPPER ST. ANTHONY FALLS LOCK AND DAM, MINNEAPOLIS,
MINNESOTA.
Section 356(f) of the Water Resources Development Act of 2020 (134
Stat. 2724) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) <<NOTE: Examination.>> Considerations.--In carrying
out paragraph (1), as expeditiously as possible and to the
maximum extent practicable, the Secretary shall take all
possible measures to reduce the physical footprint required for
easements described in subparagraph (A) of that paragraph,
including an examination of the use of crane barges on the
Mississippi River.''.
SEC. 1321. MISSOURI RIVER LEVEE SYSTEM, MISSOURI.
Section 111 of the Energy and Water Development and Related Agencies
Appropriations Act, 2009 (123 Stat. 607) is amended by striking
``$7,000,000'' and inserting ``$65,000,000''.
SEC. 1322. STOCKTON LAKE, MISSOURI.
(a) <<NOTE: Contracts.>> In General.--The Secretary shall implement
the reallocation of storage at Stockton Lake, Missouri, and enter into a
water storage agreement with the Commission consistent with section
301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) and Public
Law 88-140 (77 Stat. 249), as described in the final Stockton Lake Water
Supply Storage Reallocation Feasibility Study with
[[Page 138 STAT. 3142]]
Integrated Environment Assessment and Director's Memorandum dated
September 23, 2024, subject to the following modifications:
(1) The contract between the United States and the
Commission shall provide for the reallocation of two storage
spaces, Storage Space No. 1 and Storage Space No. 2, in two
phases.
(2) The total volume of storage to be reallocated, and the
total volume of storage included in each storage space, shall be
consistent with the Director's Memorandum.
(3) <<NOTE: Time period.>> The Commission shall have the
option to select a commencement date for Storage Space No. 2 at
any time between the tenth and fifteenth anniversary of the
effective date of the storage contract.
(4) <<NOTE: Time period.>> The first cost for Storage Space
No. 1 shall be the updated cost of storage as of fiscal year
2010.
(5) The first cost for Storage Space No. 2 shall be the
updated cost of storage as of the effective date of the storage
contract.
(6) <<NOTE: Deadline.>> No payment shall be required for
Storage Space No. 2 until the date described in paragraph (3),
provided that after the tenth anniversary of the effective date
of the storage contract, interest shall be charged on the
outstanding balance for Storage Space No. 2 at the rate
specified in Article 5(a) of the Model Format for Water Storage
Agreements of the Corps of Engineers.
(7) The Commission may elect to pay for any portion of
Storage Space No. 2 at the same price, on the same schedule, and
under the same terms as the payment for Storage Space No. 1, but
notwithstanding any such election, Storage Space No. 2 shall not
be utilized for municipal and industrial water supply purposes
prior to the commencement date described in paragraph (3).
(8) All costs associated with implementing the
recommendation described in the Memorandum of the Director of
Civil Works to raise the level of the multipurpose pool shall be
paid at Federal expense.
(b) Credit to the Hydropower Purpose.--
(1) In general.--In carrying out this section--
(A) losses to the Federal hydropower purpose of the
Stockton Lake project shall be offset by a reduction in
the costs allocated to the Federal hydropower purpose;
and
(B) <<NOTE: Determination.>> the reduction described
in subparagraph (A) shall be determined by the
Administrator of the Southwest Power Administration.
(2) No increased payments.--The Secretary may not increase
the amounts of payments from water users under a water supply
contract under this section due to the credits and reimbursement
required to be paid by this section.
(c) Savings Clause.--Nothing in this section shall affect the
Secretary's authority under the Water Supply Act of 1958 (43 U.S.C.
390b).
(d) Definition.--In this section, the term ``Commission'' refers to
the Southwest Missouri Joint Municipal Water Utility Commission.
[[Page 138 STAT. 3143]]
SEC. 1323. TABLE ROCK LAKE, MISSOURI AND ARKANSAS.
(a) In General.--The Secretary shall permit the ongoing presence of
an eligible structure at the Table Rock Lake project until--
(1) the abandonment of such eligible structure by the holder
of a license for right-of-way for such eligible structure; or
(2) the failure of such eligible structure.
(b) Application.--This section shall apply only to--
(1) the owner of an eligible structure as of the date of
enactment of this Act; and
(2) one subsequent owner of that eligible structure.
(c) Definitions.--In this section:
(1) Abandonment.--The term ``abandonment'', with respect to
an eligible structure, means the allowance of the structure to
come into a state of disrepair without the demonstrated intent
by the owner to repair.
(2) Eligible structure.--The term ``eligible structure''
means a structure for human habitation, including a septic
system--
(A) for which a license for right-of-way has been
provided by the Secretary and is in effect on the date
of enactment of this Act;
(B) that is located on fee land or land subject to a
flowage easement; and
(C) that does not impact the reservoir level or pose
a failure risk to the dam of the Table Rock Lake
project.
(3) Fee land.--The term ``fee land'' means the land acquired
in fee title by the United States for the Table Rock Lake
project.
(4) Table rock lake project.--The term ``Table Rock Lake
project'' means the Table Rock Lake project of the Corps of
Engineers, located in Missouri and Arkansas, authorized as one
of the multipurpose reservoir projects in the White River Basin
by section 4 of the Act of June 28, 1938 (chapter 795, 52 Stat.
1218).
SEC. 1324. MAMARONECK-SHELDRAKE RIVERS, NEW YORK.
The non-Federal share of the cost of features of the project for
flood risk management, Mamaroneck-Sheldrake Rivers, New York, authorized
by section 1401(2) of the Water Resources Development Act of 2018 (132
Stat. 3837), benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note)) shall be 10 percent.
SEC. 1325. COLUMBIA RIVER CHANNEL, OREGON AND WASHINGTON.
Subject to the availability of appropriations, in carrying out
maintenance activities on the project for navigation, Columbia River
Channel, Oregon and Washington, authorized by section 101(b)(13) of the
Water Resources Development Act of 1999 (113 Stat. 280), the Secretary
is authorized to include, as part of the full operating costs of the
Cutter Suction Dredge provided by the non-Federal interest for the
project, any costs of replacing the Cutter Suction Dredge that the
Secretary and the non-Federal interest agree are necessary.
SEC. 1326. WILLAMETTE VALLEY, OREGON.
The <<NOTE: Analysis.>> Secretary may not complete its review of,
and consultation with other Federal agencies on, the operation and
maintenance
[[Page 138 STAT. 3144]]
of the projects for flood control, navigation, and other purposes,
Willamette River Basin, Oregon, authorized by section 4 of the Act of
June 28, 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177;
68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144), until the Secretary
prepares and formally analyzes an alternative that ceases hydropower
operations at the projects, notwithstanding hydropower being an
authorized purpose of such projects.
SEC. 1327. CHAMBERS, GALVESTON, AND HARRIS COUNTIES, TEXAS.
(a) In General.--On receipt of a written request of the Port of
Houston Authority, the Secretary shall--
(1) <<NOTE: Review.>> review the land owned and easements
held by the United States for the Federal project for
navigation, Houston Ship Channel, Texas, authorized by section
101 of the River and Harbor Act of 1958 (72 Stat. 298; 74 Stat.
486; 79 Stat. 1091; 100 Stat. 4170; 110 Stat. 3666); and
(2) <<NOTE: Determination.>> convey to the Port of Houston
Authority, or, in the case of an easement, release to the owner
of the fee title to the land subject to such easement, for an
amount that is not less than the fair market value of the
property, any such land and easements described in paragraph (1)
that the Secretary determines are no longer required for project
purposes.
(b) Actions.--In carrying out subsection (a), the Secretary shall--
(1) not consider any land or easements in locations
identified by the Secretary or non-Federal interest as required
for the preferred plan, or any subsequent modification thereof,
for the feasibility study for the project for navigation, Cedar
Port Navigation and Improvement District Channel Deepening
Project, Baytown, Texas, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b));
(2) <<NOTE: Determination.>> determine the exact acreage and
the legal description of any real property to be conveyed under
this section based on a survey that is satisfactory to the
Secretary;
(3) ensure that the Port of Houston Authority is provided
the right of first refusal for any potential release or
conveyance of excess easements;
(4) work alongside the Port of Houston Authority in
identifying opportunities for land exchanges, where possible;
and
(5) ensure that any conveyance or release of excess
easements, or exchange of land, does not interfere with any
Federal navigation project that has been constructed or is
authorized to be constructed.
(c) Deed.--The Secretary shall convey the property under this
section by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the United
States.
(d) Additional Terms and Conditions.--The Secretary may require that
any conveyance or release of an easement under this section be subject
to such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United States.
(e) Costs of Conveyance or Release of an Easement.--An entity to
which a conveyance or release of an easement is made under this section
shall be responsible for all reasonable
[[Page 138 STAT. 3145]]
and necessary costs, including real estate transaction and environmental
documentation costs, associated with the conveyance or release of the
easement.
(f) Waiver of Real Property Screening Requirements.--Section 2696 of
title 10, United States Code, shall not apply to the conveyance of land
or release of an easement under this section.
(g) Liability.--An entity to which a conveyance or release is made
under this section shall hold the United States harmless from any
liability with respect to activities carried out, on or after the date
of the conveyance or release, on the real property conveyed or with
respect to which an easement is released. The United States shall remain
responsible for any liability with respect to activities carried out,
before such date, on the real property conveyed or with respect to which
an easement is released.
SEC. 1328. MATAGORDA SHIP CHANNEL, PORT LAVACA, TEXAS.
The Federal share of the costs of the planning, design, and
construction for the corrective action recommended in the report titled
``Matagorda Ship Channel Project Deficiency Report (Entrance to
Matagorda Ship Channel)'' and published by the Secretary in June 2020
for the project for navigation, Matagorda Ship Channel, Port Lavaca,
Texas, authorized by section 101 of the River and Harbor Act of 1958 (72
Stat. 298), shall be 90 percent.
SEC. 1329. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio channel improvement,
Texas, authorized by section 203 of the Flood Control Act of 1954 as
part of the project for flood protection on the Guadalupe and San
Antonio Rivers, Texas (68 Stat. 1259; 90 Stat. 2921; 114 Stat. 2611), is
modified to require the Secretary to carry out the project substantially
in accordance with Alternative 7, as identified in the final General Re-
evaluation Report and Environmental Assessment for the project, dated
January 2014.
SEC. 1330. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542(e)(1)(A) of the Water Resources Development Act of 2000
(114 Stat. 2672) is amended by inserting ``, or in the case of a
critical restoration project benefitting an economically disadvantaged
community (as defined as defined by the Secretary under section 160 of
the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), 10
percent of the total costs of the project'' after ``project''.
SEC. 1331. EDIZ HOOK BEACH EROSION CONTROL PROJECT, PORT ANGELES,
WASHINGTON.
The cost share for operation and maintenance costs for the project
for beach erosion control, Ediz Hook, Port Angeles, Washington,
authorized by section 4 of the Water Resources Development Act of 1974
(88 Stat. 15), shall be in accordance with the cost share described in
section 101(b)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2211(b)(1)).
SEC. 1332. WESTERN WASHINGTON STATE, WASHINGTON.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in Chelan
County, Island County, King County, Kittitas County, Pierce County, San
Juan County, Snohomish County, Skagit County, and Whatcom County,
Washington.
[[Page 138 STAT. 3146]]
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the counties listed in subsection (a), including projects
for wastewater treatment and related facilities, water supply and
related facilities, environmental restoration, and surface water
resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest accrued on the cost of providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), except that the credit may not exceed
25 percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(E) Exception.--Notwithstanding subparagraph (A),
the Federal share of the cost of a project under this
section benefitting an economically disadvantaged
community (as defined by the Secretary under section 160
of the Water
[[Page 138 STAT. 3147]]
Resources Development Act of 2020 (33 U.S.C. 2201 note))
shall be 90 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$242,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Secretary to administer projects under this section
at Federal expense.
(f) <<NOTE: Repeal.>> Conforming Amendment.--Section 219(f)(404) of
the Water Resources Development Act of 1992 <<NOTE: 106 Stat. 4835; 113
Stat. 336; 121 Stat. 1258; 136 Stat. 3816.>> is repealed.
SEC. 1333. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION,
RIVERINE EROSION, AND ICE AND GLACIAL
DAMAGE, ALASKA.
(a) In General.--Section 8315 of the Water Resources Development Act
of 2022 (136 Stat. 3783) is amended--
(1) in the section heading, by inserting ``riverine
erosion,'' after ``coastal erosion,''; and
(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ``riverine erosion,'' after ``coastal
erosion,''.
(b) Clerical Amendments.--
(1) The table of contents in section 2(b) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(136 Stat. 2429) is amended by striking the item relating to
section 8315 and inserting the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
(2) The table of contents in section 8001(b) of the Water
Resources Development Act of 2022 (136 Stat. 3693) is amended by
striking the item relating to section 8315 and inserting the
following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
SEC. 1334. CHATTAHOOCHEE RIVER PROGRAM.
Section 8144 of the Water Resources Development Act of 2022 (136
Stat. 3724) is amended--
(1) by striking ``comprehensive plan'' each place it appears
and inserting ``plans'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Comprehensive Plan'' and inserting ``Implementation
Plans''; and
(B) in paragraph (1)--
(i) by striking ``2 years'' and inserting ``4
years''; and
(ii) by striking ``a comprehensive
Chattahoochee River Basin restoration plan to
guide the implementation of projects'' and
inserting ``plans to guide implementation of
Chattahoochee River Basin restoration projects'';
and
(3) in subsection (j), by striking ``3 years'' and inserting
``5 years''.
SEC. 1335. CHESAPEAKE BAY OYSTER RECOVERY PROGRAM.
Section 704(b)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2263 note) is amended, in the second sentence, by striking
``$100,000,000'' and inserting ``$120,000,000''.
[[Page 138 STAT. 3148]]
SEC. 1336. DELAWARE COASTAL SYSTEM PROGRAM.
(a) Purpose.--The purpose of this section is to provide for the
collective planning and implementation of coastal storm risk management
and hurricane and storm risk reduction projects in Delaware to provide
greater efficiency and a more comprehensive approach to life safety and
economic growth.
(b) Designation.--The following projects for coastal storm risk
management and hurricane and storm risk reduction shall be known and
designated as the ``Delaware Coastal System Program'' (referred to in
this section as the ``Program''):
(1) The project for navigation mitigation and hurricane and
storm damage reduction, Delaware Bay coastline, Roosevelt Inlet-
Lewes Beach, Delaware, authorized by section 101(a)(13) of the
Water Resources Development Act of 1999 (113 Stat. 276).
(2) The project for hurricane and storm damage reduction,
Delaware Coast from Cape Henlopen to Fenwick Island, Bethany
Beach/South Bethany Beach, Delaware, authorized by section
101(a)(15) of the Water Resources Development Act of 1999 (113
Stat. 276).
(3) The project for hurricane and storm damage reduction,
Delaware Coast from Cape Henlopen to Fenwick Island, Delaware,
authorized by section 101(b)(11) of the Water Resources
Development Act of 2000 (114 Stat. 2577).
(4) The project for storm damage reduction and shoreline
protection, Rehoboth Beach and Dewey Beach, Delaware, authorized
by section 101(b)(6) of the Water Resources Development Act of
1996 (110 Stat. 3667).
(5) Indian River Inlet, Delaware.
(6) The project for hurricane and storm damage risk
reduction, Delaware Beneficial Use of Dredged Material for the
Delaware River, Delaware, authorized by section 401(3) of the
Water Resources Development Act of 2020 (134 Stat. 2736; 136
Stat. 3788), as modified by subsection (e) of this section.
(c) Management.--The Secretary shall manage the projects described
in subsection (b) as components of a single, comprehensive system,
recognizing the interdependence of the projects.
(d) Cost-share.--Notwithstanding any other provision of law, the
Federal share of the cost of each of the projects described in
paragraphs (1) through (5) of subsection (b) shall be 80 percent.
(e) Broadkill Beach, Delaware.--The project for hurricane and storm
damage risk reduction, Delaware Beneficial Use of Dredged Material for
the Delaware River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736; 136 Stat. 3788), is
modified to include the project for hurricane and storm damage
reduction, Delaware Bay coastline, Delaware and New Jersey-Broadkill
Beach, Delaware, authorized by section 101(a)(11) of the Water Resources
Development Act of 1999 (113 Stat. 275).
(f) Technical Amendment.--Section 101(a)(15) of the Water Resources
Development Act of 1999 (113 Stat. 276) is amended--
(1) in the paragraph heading, by striking ``Henelopen'' and
inserting ``Henlopen''; and
(2) by striking ``Henelopen'' and inserting ``Henlopen''.
[[Page 138 STAT. 3149]]
SEC. 1337. DELAWARE INLAND BAYS AND DELAWARE BAY COAST COASTAL
STORM RISK MANAGEMENT STUDY.
(a) Definitions.--In this section:
(1) Economically disadvantaged community.--
(A) In general.--The term ``economically
disadvantaged community'' has the meaning given the term
pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note).
(B) Inclusion.--The term ``economically
disadvantaged community'' includes unincorporated
communities within the study area.
(2) Study.--The term ``study'' means the Delaware Inland
Bays and Delaware Bay Coast Coastal Storm Risk Management Study,
authorized by the resolution of the Committee on Public Works
and Transportation of the House of Representatives dated October
1, 1986, and the resolution of the Committee on Environment and
Public Works of the Senate dated June 23, 1988.
(b) Study, Projects, and Separable Elements.--Notwithstanding any
other provision of law, in order to assist the economically
disadvantaged communities in the area of the study, the non-Federal
share of the costs of carrying out the study, or project construction or
a separable element of a project authorized based on the study, shall be
10 percent.
(c) Cost Sharing Agreement.--The Secretary shall seek to expedite
any amendments to any existing cost-share agreement for the study in
accordance with this section.
(d) Limitation.--Amounts made available to carry out the study, or
project construction or a separable element of a project authorized
based on the study, shall not be used for coastal storm risk management
projects that provide for ongoing construction beachfill projects along
the Atlantic Coast.
SEC. 1338. HAWAII ENVIRONMENTAL RESTORATION.
Section 444 of the Water Resources Development Act of 1996 (110
Stat. 3747; 113 Stat. 286) is amended--
(1) by striking ``and environmental restoration'' and
inserting ``environmental restoration, and coastal storm risk
management''; and
(2) by inserting ``Hawaii,'' after ``Guam,''.
SEC. 1339. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Development Act of 2000
(114 Stat. 2654; 121 Stat. 1221) is amended by striking ``2010'' and
inserting ``2029''.
SEC. 1340. KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL
INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
Kentucky and West Virginia.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Kentucky and West Virginia, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
[[Page 138 STAT. 3150]]
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a local cooperation agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$75,000,000 to carry out this section, to be divided between the
States described in subsection (a).
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers to administer projects under this
section.
SEC. 1341. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND
NEBRASKA.
(a) Acquisition of Lands.--In acquiring any land, or interests in
land, to satisfy the total number of acres required for the covered
project, the Secretary--
[[Page 138 STAT. 3151]]
(1) may only acquire land, or an interest in land, that--
(A) is on the riverward side of levees; or
(B) will contribute to future flood risk resiliency
projects;
(2) may only acquire land, or an interest in land, with the
approval of the Governor of the State in which the land is
located; and
(3) may not acquire land, or an interest in land, by eminent
domain.
(b) Application of Lands.--The Secretary shall apply all covered
land toward the number of acres required for the covered project in
accordance with section 334 of the Water Resources Development Act of
1999 (113 Stat. 306; 136 Stat. 3799).
(c) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means any land
or interests in land that--
(A) is acquired by a Federal agency other than the
Corps of Engineers;
(B) is located within the meander belt of the lower
Missouri River; and
(C) the Secretary, in consultation with the head of
any Federal agency that has acquired the land or
interest in land, determines meets the purposes of the
covered project.
(2) Covered project.--The term ``covered project'' means the
project for mitigation of fish and wildlife losses, Missouri
River Bank Stabilization and Navigation Project, Missouri,
Kansas, Iowa, and Nebraska, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4143; 113
Stat. 306; 121 Stat. 1155; 136 Stat. 2395).
SEC. 1342. NEW YORK EMERGENCY SHORE RESTORATION.
(a) In General.--The Secretary is authorized to repair or restore a
federally authorized hurricane and storm damage reduction structure or
project or a public beach located in the covered geographic area
pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)), if--
(1) the structure, project, or public beach is damaged by
wind, wave, or water action associated with a Nor'easter; and
(2) <<NOTE: Determination.>> the Secretary determines that
the damage prevents--
(A) in the case of a structure or project, the
adequate functioning of the structure or project for the
authorized purposes of the structure or project; or
(B) in the case of a public beach, the adequate
functioning of the beach as a natural barrier to
inundation, wave attack, or erosion coinciding with
hurricanes, coastal storms, or Nor'easters.
(b) Justification.--The Secretary may carry out a repair or
restoration activity under subsection (a) without the need to
demonstrate that the activity is justified solely by national economic
development benefits if--
(1) <<NOTE: Determination.>> the Secretary determines that--
(A) such activity is necessary to restore the
adequate functioning of the structure, project, or
public beach for the purposes described in subsection
(a)(2), as applicable; and
[[Page 138 STAT. 3152]]
(B) such activity is warranted to protect against
loss to life or property of the community protected by
the structure, project, or public beach; and
(2) <<NOTE: Compliance.>> in the case of a public beach, the
non-Federal interest agrees to participate in, and comply with,
applicable Federal floodplain management and flood insurance
programs.
(c) Prioritization.--Repair or restoration activities carried out by
the Secretary under subsection (b) shall be given equal budgetary
consideration and priority as activities justified solely by national
economic development benefits.
(d) Limitations.--An activity carried out under subsection (a) for a
public beach shall not--
(1) repair or restore the beach beyond its natural profile;
or
(2) be considered initial construction of the hurricane and
storm damage reduction project.
(e) Savings Provision.--The authority provided by this section shall
be in addition to any authority provided by section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)), to repair or restore federally
authorized hurricane or shore protective structure or project located in
the covered geographic area damaged or destroyed by wind, wave, or water
action of other than an ordinary nature.
(f) Sunset.--The authority of the Secretary to carry out an activity
under subsection (a) for a public beach shall expire on the date that is
10 years after the date of enactment of this Act.
(g) Definitions.--In this subsection:
(1) Covered geographic area.--The term ``covered geographic
area'' means--
(A) Fire Island National Seashore, New York; and
(B) the hamlets of Massapequa Park, Massapequa,
Amityville, Copiague, Lindenhurst, West Babylon,
Babylon, West Islip, West Bay Shore, Brightwaters, Bay
Shore, Islip, East Islip, Great River, Oakdale, West
Sayville, Saville, Bayport, Blue Point, Patchogue, East
Patchogue, Bellport, Brookhaven, Shirley, Mastic Beach,
Mastic, Moriches, Center Moriches, East Moriches, and
Eastport, New York.
(2) Nor'easter.--The term ``Nor'easter'' means a synoptic-
scale, extratropical cyclone in the western North Atlantic
Ocean.
(3) Public beach.--The term ``public beach'' means a beach
within the geographic boundary of an unconstructed federally
authorized hurricane and storm damage reduction project that
is--
(A) a publicly owned beach; or
(B) a privately owned beach that is available for
public use, including the availability of reasonable
public access, in accordance with Engineer Regulation
1165-2-130, published by the Corps of Engineers, dated
June 15, 1989.
SEC. 1343. NEW YORK AND NEW JERSEY HARBOR AND TRIBUTARIES, NEW
YORK AND NEW JERSEY.
(a) <<NOTE: Study. Investigation. Recommenda- tions.>> In General.--
The study for flood and storm damage reduction for the New York and New
Jersey Harbor and Tributaries project, authorized by the Act of June 15,
1955 (chapter 140, 69 Stat. 132, 134 Stat. 2676) and being carried out
pursuant to the Disaster Relief Appropriations Act, 2013 (Public Law
113-2), is
[[Page 138 STAT. 3153]]
modified to require the Secretary, upon the request of the non-Federal
interest for the project, to include within the scope of such study an
investigation of, and recommendations relating to, projects and
activities to maximize the net public benefits, including ecological
benefits and societal benefits, from the reduction of the comprehensive
flood risk within the geographic scope of the project from the isolated
and compound effects of factors described in section 8106(a) of the
Water Resources Development Act of 2022 (33 U.S.C. 2282g).
(b) Associated Projects.--The Secretary is authorized to carry out
projects and activities recommended pursuant to subsection (a) if such
projects and activities otherwise meet the criteria for projects carried
out under a continuing authority program (as defined in section 7001(c))
of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(c)).
(c) Continuation.--Any study recommended to be carried out in a
report that the Chief of Engineers prepares for such study shall be
considered a continuation of the study described in subsection (a).
(d) Consideration; Consultation.--In developing recommendations
pursuant to subsection (a), the Secretary shall--
(1) consider the use of natural and nature-based features;
(2) consult with applicable Federal and State agencies and
other stakeholders within the geographic scope of the project;
and
(3) <<NOTE: Public comments.>> solicit public comments.
(e) Interim Progress; Report to Congress.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall transmit 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 detailing--
(1) <<NOTE: Recommenda- tions.>> any recommendations made
pursuant to subsection (a);
(2) any projects or activities carried out under subsection
(b);
(3) <<NOTE: Study. Recommenda- tions.>> any additional,
site-specific areas within the geographic scope of the project
for which additional study is recommended by the Secretary; and
(4) any interim actions related to reduction of
comprehensive flood risk within the geographic scope of the
project undertaken by the Secretary during the study period.
(f) Expedited Consideration.--The Secretary shall expedite the
completion of the study described in subsection (a) and any further
study, project, or activity recommended pursuant to this section.
(g) Savings Clause.--Any additional action authorized by this
section shall not delay any existing study, engineering, or planning
work underway as of the date of enactment of this Act.
SEC. 1344. SOUTHEASTERN NORTH CAROLINA ENVIRONMENTAL
INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
Southeastern North Carolina.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development in
Southeastern North Carolina, including
[[Page 138 STAT. 3154]]
projects for wastewater treatment and related facilities, environmental
restoration, and surface water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Cost Sharing.--
(1) In general.--The Federal share of the cost of a project
carried out under this section--
(A) shall be 75 percent; and
(B) may be provided in the form of grants or
reimbursements of project costs.
(2) Exception.--Notwithstanding paragraph (1), the Federal
share of the cost of a project under this section benefitting an
economically disadvantaged community (as defined by the
Secretary under section of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note)) shall be 90 percent.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(f) Credit for Interest.--In case of a delay in the funding of the
Federal share of a project under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in providing the
non-Federal share of the project cost.
(g) Land, Easements, and Rights-of-way Credit.--The non-Federal
interest shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project costs (including all
reasonable costs associated with obtaining permits necessary for the
construction, operation, and maintenance of the project on publicly
owned or controlled land), but such credit may not exceed 25 percent of
total project costs.
(h) Operation and Maintenance.--The non-Federal share of operation
and maintenance costs for projects constructed with assistance provided
under this section shall be 100 percent.
(i) Authorization of Appropriations.--
(1) There is authorized to be appropriated $50,000,000 to
carry out this section; and
(2) Not more than 10 percent of the amounts made available
to carry out this section may be used by the Corps of Engineers
to administer projects under this section.
(j) Southeastern North Carolina Defined.--Southeastern North
Carolina includes the North Carolina counties of Duplin,
[[Page 138 STAT. 3155]]
Sampson, Robeson, Bladen, Columbus, Scotland, Hoke, Brunswick, New
Hanover, Pender, and Cumberland.
SEC. 1345. <<NOTE: 30 USC 1231 note.>> OHIO, PENNSYLVANIA, AND
WEST VIRGINIA.
(a) Definitions.--In this section:
(1) Abandoned mine drainage.--
(A) In general.--The term ``abandoned mine
drainage'' means discharge from land subject to title IV
of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231 et seq.).
(B) Inclusions.--The term ``abandoned mine
drainage'' includes discharges from an area where
reclamation bonds have been forfeited under section 509
of the Surface Mining Control Act of 1977 (30 U.S.C.
1259), for which funds are applied to complete the
reclamation obligations initially required of the mining
operator.
(2) Treatment technologies.--The term ``treatment
technologies'' means technologies that either change the
composition of the abandoned mine drainage to form other
compounds that are less dangerous to human health or the
environment, or limit contaminant mobility by physical or
chemical means.
(3) Treatment works for abandoned mine drainage.--The term
``treatment works for abandoned mine drainage'' means a facility
or system designed to collect, aggregate, and treat abandoned
mine drainage from sources or sites within a designated
watershed or area using treatment technologies.
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide financial assistance to non-Federal interests for the
establishment of treatment works for abandoned mine drainage in Ohio,
Pennsylvania, and <<NOTE: Reimbursement.>> West Virginia. Such
assistance shall be in the form of the reimbursement of costs for the
design and construction of the treatment works for abandoned mine
drainage.
(c) Goal.--The goal of this pilot program is to initiate the cleanup
process by implementing activities to reduce or treat acid mine drainage
from abandoned and forfeited mine drainage and bond forfeiture sites, as
defined under the Surface Mining Control and Reclamation Act of 1977.
This cleanup supports water treatment and infrastructure improvements
aimed at practical uses, including but not limited to agricultural,
industrial or recreational applications.
(d) Public Ownership Requirement.--The Secretary may provide
assistance under this section only if the treatment works for abandoned
mine drainage is publicly owned.
(e) Prioritization.--The Secretary shall prioritize assistance under
this section to efforts that--
(1) reduce abandoned mine drainage from multiple sources; or
(2) include a centralized water treatment system to reduce
the abandoned mine drainage from multiple sources or sites
within a designated watershed area over the greatest number of
stream miles.
(f) Agreements.--
(1) In general.--Before providing financial assistance under
this section, the Secretary shall enter into an agreement with
the non-Federal interest.
[[Page 138 STAT. 3156]]
(2) Requirements.--Each agreement entered under this
subsection shall provide for the following:
(A) <<NOTE: Costs.>> Plan.--The non-Federal interest
shall develop the design and construction of the
treatments works for abandoned mine drainage, in
consultation with the appropriate regulatory agencies
addressing restoration of the impaired waters, which
shall include the total cost of the restoration work to
be funded under the agreement.
(B) Permits.--The non-Federal interest shall be
responsible for obtaining all permits and licenses
necessary for the design and construction of the
treatment works for abandoned mine drainage and for
ensuring compliance with all requirements of such
permits and licenses. The Secretary to the maximum
extent possible shall expedite processing of any
permits, variances, or approvals necessary to facilitate
the completion of projects receiving assistance under
this section.
(C) Costs.--The non-Federal interest shall be
responsible for all costs in excess of the total cost of
design and construction, as determined under
subparagraph (A), including any and all costs associated
with any liability that might arise in connection with
the treatment works for abandoned mine drainage.
(D) Operation and maintenance.--Operation and
maintenance costs are a non-Federal responsibility. Such
costs shall not be included in the total cost of the
treatment works for abandoned mine drainage in
subsection (A).
(3) Federal assistance.--Federal assistance shall be 75
percent of the total cost of the treatment works for abandoned
mine drainage as determined in the agreement under subsection
2(A).
(g) Provision of Federal Assistance.--Providing of Federal
assistance under this section shall in no way establish any liability
for the Secretary associated with any treatment technologies associated
with the treatment works for abandoned mine drainage. This includes the
applicability of any provision of Federal or State law.
(h) Exclusions.--None of the funds authorized by this section shall
be used in relation to abandoned mine drainage associated with a
facility for which a party identified is responsible for response,
removal or remediation activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), the Solid Waste Disposal Act (42 U.S.C. 6901et seq.), or the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000, to remain available
until expended.
SEC. 1346. WESTERN LAKE ERIE BASIN, OHIO, INDIANA, AND MICHIGAN.
Section 441 of the Water Resources Development Act of 1999 (113
Stat. 328) is amended--
(1) in subsection (a), by striking ``flood control,'' and
inserting ``flood risk management, hurricane and storm damage
risk reduction,'';
(2) in subsection (b), by striking ``the study'' and
inserting ``any study under this section''; and
(3) by striking subsection (c) and inserting the following:
[[Page 138 STAT. 3157]]
``(c) Treatment of Studies.--Any study carried out by the Secretary
under this section after the date of enactment of the Water Resources
Development Act of 2024 shall be treated as a continuation of the
initial study carried out under this section.
``(d) Projects.--A project resulting from a study carried out under
this section may be implemented pursuant to section 212.''.
SEC. 1347. OHIO AND NORTH DAKOTA.
(a) In General.--Section 594 of the Water Resources Development Act
of 1999 (113 Stat. 382; 119 Stat. 2261; 121 Stat. 1140; 121 Stat. 1944;
136 Stat. 3821) is amended--
(1) in subsection (d)(3)(A)--
(A) by striking ``In general'' and inserting
``Project costs'';
(B) by striking ``The Federal share of'' and
inserting the following:
``(i) In general.--Except as provided in
clause (iii), the Federal share of'';
(C) by striking ``The Federal share may'' and
inserting the following:
``(ii) Form.--The Federal share may''; and
(D) by adding at the end the following:
``(iii) Exception.--The non-Federal share of
the cost of a project under this section
benefitting an economically disadvantaged
community (as defined by the Secretary under
section 160 of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note)) shall be 10
percent.''; and
(2) in subsection (h) by striking ``$250,000,000'' and
inserting ``$300,000,000''.
SEC. 1348. OREGON ENVIRONMENTAL INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in the
State of Oregon.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the State of Oregon, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or
[[Page 138 STAT. 3158]]
resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$40,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent of
the amounts made available to carry out this section may be used
by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
SEC. 1349. PENNSYLVANIA ENVIRONMENTAL INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in the
State of Pennsylvania.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the State of Pennsylvania, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
[[Page 138 STAT. 3159]]
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$25,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent of
the amounts made available to carry out this section may be used
by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
SEC. 1350. WASHINGTON AQUEDUCT.
Section 8146(d) of the Water Resources Development Act of 2022 (40
U.S.C. 9501 note; 136 Stat. 3729) is amended--
(1) in paragraph (1), by inserting ``Water and Sewer
Authority'' after ``District of Columbia''; and
(2) in paragraph (3), by striking ``Fairfax County'' and
inserting ``the Fairfax County Water Authority''.
[[Page 138 STAT. 3160]]
SEC. 1351. WASHINGTON METROPOLITAN AREA, WASHINGTON, DISTRICT OF
COLUMBIA, MARYLAND, AND VIRGINIA.
(a) In General.--The Federal share of the cost of the feasibility
study for the project for water supply, Washington, District of
Columbia, Maryland, and Virginia, authorized by section 8201(a)(14) of
the Water Resources Development Act of 2022 (136 Stat. 3745) shall be 90
percent.
(b) Rule of Construction.--Nothing in this section may be construed
to affect any agreement in effect on the date of enactment of this Act
between the Secretary and the non-Federal interest for the project
described in subsection (a) with respect to the feasibility study
described in such subsection, until such time as an agreement between
the Secretary and the non-Federal interest for such project with respect
to such feasibility study is entered into pursuant to this section.
SEC. 1352. NORTHERN WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999 (113
Stat. 371; 121 Stat. 1257; 136 Stat. 3807) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), in the first sentence, by
striking ``The Federal share'' and inserting ``Except as
provided in subparagraph (F), the Federal share''; and
(B) by adding at the end the following:
``(F) Exception.--In the case of a project
benefitting an economically disadvantaged community (as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201
note)), the Federal share of the project costs under the
applicable local cooperation agreement entered into
under this subsection shall be 90 percent.'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j) as
sections (g), (h), and (i), respectively; and
(4) in subsection (g) (as so redesignated), by striking
``$120,000,000'' and inserting ``$150,000,000''.
SEC. 1353. SOUTHERN WEST VIRGINIA.
Section 340 of the Water Resources Development Act of 1992 (106
Stat. 4856; 136 Stat. 3807) is amended--
(1) in subsection (c)(3)--
(A) in the first sentence, by striking ``Total
project costs'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), total project costs''; and
(B) by adding at the end the following:
``(B) Exception.--In the case of a project
benefitting an economically disadvantaged community (as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201
note)), the Federal share of the total project costs
under the applicable local cooperation agreement entered
into under this subsection shall be 90 percent.
``(C) Federal share.--The Federal share of the total
project costs under this paragraph may be provided in
the same form as described in section 571(e)(3)(A) of
the Water Resources Development Act of 1999 (113 Stat.
371).'';
[[Page 138 STAT. 3161]]
(2) by striking subsection (e);
(3) by redesignating subsections (f), (g), (h), and (i) as
subsections (e), (f), (g), and (h), respectively; and
(4) in subsection (f) (as so redesignated), in the first
sentence, by striking ``$140,000,000'' and inserting
``$170,000,000''.
SEC. 1354. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(4)) is amended by striking ``fiscal year 1999 and each
fiscal year thereafter'' and inserting ``each of fiscal years 1999
through 2024, and $25,000,000 for fiscal year 2025 and each fiscal year
thereafter''.
SEC. 1355. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100
Stat. 4232; 110 Stat. 3719, 136 Stat. 3781) is amended--
(1) in subsection (d)--
(A) by striking ``The non-Federal'' and inserting
the following:
``(1) In general.--The non-Federal''; and
(B) by adding at the end the following:
``(2) Pre-design planning costs.--Notwithstanding paragraph
(1), the Federal share of pre-design planning costs under this
section shall be 100 percent.''; and
(2) in subsection (e), by striking ``$80,000,000'' and
inserting ``$90,000,000''.
SEC. 1356. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
Section 8132 of the Water Resources Development Act of 2022 (33
U.S.C. 2238e) is amended--
(1) in subsection (a), by inserting ``and for purposes of
contributing to ecosystem restoration'' before the period at the
end;
(2) in subsection (g)(2), in the matter preceding
subparagraph (A), by inserting ``, a harbor where passenger or
freight service is provided to island communities dependent on
that service, or a marina or berthing area that is located
adjacent to, or is accessible by, a Federal navigation
project,'' before ``for which'';
(3) in subsection (h)(1), by striking ``2026'' and inserting
``2029''; and
(4) by adding at the end the following:
``(i) Projects for Marina or Berthing Areas.--The Secretary may
carry out not more than 10 projects under this section that are projects
for an underserved community harbor that is a marina or berthing area
described in subsection (g)(2).''.
SEC. 1357. BOSQUE WILDLIFE RESTORATION PROJECT.
(a) In General.--The Secretary shall establish a program to carry
out appropriate planning, design, and construction measures for wildfire
prevention and restoration in the Middle Rio Grande Bosque, including
the removal of jetty jacks.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
[[Page 138 STAT. 3162]]
of the Water Resources Development Act of 1986 (33 U.S.C. 2213,
2215).
(2) Exception.--The non-Federal share of the cost of a
project carried out under this section benefitting an
economically disadvantaged community (as defined by the
Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)) shall be 10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development
Appropriations Act, 2004 (117 Stat. 1836), is repealed.
(d) Treatment.--The program authorized under subsection (a) shall be
considered a continuation of the program authorized by section 116 of
the Energy and Water Development Appropriations Act, 2004 (117 Stat.
1836) (as in effect on the day before the date of enactment of this
Act).
SEC. 1358. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(k)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``makes'' and
inserting ``made''; and
(B) in clause (ii), by striking ``repays an amount
equal to \2/3\ of the remaining principal by'' and
inserting ``made a payment of an additional $200,000,000
for that eligible deferred payment agreement on or
before'';
(2) in subparagraph (B) by inserting ``interest's'' after
``non-Federal''; and
(3) by adding at the end the following:
``(C) Refund of credit.--Any agreement made that
applied credits to satisfy the terms of a pre-payment
made under subsection (k)(4)(A) that resulted in total
payment in excess of the amount now required under
subsection (k)(4)(A) shall be modified to indicate that
the excess credits continue to apply toward any
remaining principal of the respective project, or at the
request of the non-Federal interest, the agreement shall
be modified to retroactively transfer back those excess
credits to the non-Federal interest such that those
credits may be applied by the non-Federal interest to
any cost-shared project identified by the non-Federal
interest.''.
SEC. 1359. CONGRESSIONAL NOTIFICATION OF DEFERRED PAYMENT
AGREEMENT REQUEST.
Section 103(k) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(k)) is amended by adding at the end the following:
``(5) Congressional notification.--
``(A) <<NOTE: Reports. Time period.>> In general.--
Upon receipt of a request for a renegotiation of terms
by a non-Federal interest under paragraph (2), the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House and the
Committee on Environment and Public Works of the Senate
a report 30 days after enactment and quarterly
thereafter regarding the status of the request.
``(B) Sense of congress.--It is the sense of
Congress that the Secretary should respond to any
request for a
[[Page 138 STAT. 3163]]
renegotiation of terms submitted under paragraph (2) in
a timely manner.''.
SEC. 1360. CONTRACTS FOR WATER SUPPLY.
(a) Copan Lake, Oklahoma.--Section 8358(b)(2) of the Water Resources
Development Act of 2022 (136 Stat. 3802) is amended by striking ``shall
not pay more than 110 percent of the initial project investment cost per
acre-foot of storage for the acre-feet of storage space sought under an
agreement under paragraph (1)'' and inserting ``for the acre-feet of
storage space being sought under an agreement under paragraph (1), shall
pay 110 percent of the contractual rate per acre-foot of storage in the
most recent agreement of the City for water supply storage space at the
project''.
(b) State of Kansas.--
(1) In general.--The Secretary shall amend the contracts
described in paragraph (2) between the United States and the
State of Kansas, relating to storage space for water supply, to
change the method of calculation of the interest charges that
began accruing on February 1, 1977, on the investment costs for
the 198,350 acre-feet of future use storage space and on April
1, 1979, on 125,000 acre-feet of future use storage from
compounding interest annually to charging simple interest
annually on the principal amount, until--
(A) the State of Kansas informs the Secretary of the
desire to convert the future use storage space to
present use; and
(B) the principal amount plus the accumulated
interest becomes payable pursuant to the terms of the
contracts.
(2) Contracts described.--The contracts referred to in
paragraph (1) are the following contracts between the United
States and the State of Kansas:
(A) Contract DACW41-74-C-0081, entered into on March
8, 1974, for the use by the State of Kansas of storage
space for water supply in Milford Lake, Kansas.
(B) Contract DACW41-77-C-0003, entered into on
December 10, 1976, for the use by the State of Kansas
for water supply in Perry Lake, Kansas.
SEC. 1361. EXPENSES FOR CONTROL OF AQUATIC PLANT GROWTHS AND
INVASIVE SPECIES.
Section 104(d)(2)(A) of the River and Harbor Act of 1958 (33 U.S.C.
610(d)(2)(A)) is amended by striking ``50 percent'' and inserting ``35
percent''.
SEC. 1362. HOPPER DREDGE MCFARLAND REPLACEMENT.
If the Secretary replaces the Federal hopper dredge McFarland
referred to in section 563 of the Water Resources Development Act of
1996 (110 Stat. 3784; 121 Stat. 1105) with another Federal hopper
dredge, the Secretary shall--
(1) place the replacement Federal hopper dredge in a ready
reserve status;
(2) <<NOTE: Tests. Time period.>> periodically perform
routine underway dredging tests of the equipment (not to exceed
70 days per year) of the replacement Federal hopper dredge in a
ready reserve status to ensure the ability of the replacement
Federal hopper dredge to perform urgent and emergency work; and
(3) <<NOTE: Determination.>> in consultation with affected
stakeholders, place the replacement Federal hopper dredge in
active status in order
[[Page 138 STAT. 3164]]
to perform dredging work if the Secretary determines that
private industry has failed--
(A) to submit a responsive and responsible bid for
work advertised by the Secretary; or
(B) to carry out a project as required pursuant to a
contract between the industry and the Secretary.
SEC. 1363. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 118 Stat. 295; 121 Stat.
1076; 134 Stat. 2703; 136 Stat. 3778) is amended--
(1) in paragraph (33), by striking ``and'' at the end;
(2) in paragraph (34) by striking the period at the end and
inserting a semicolon; and
(3) <<NOTE: State listing.>> by adding at the end the
following:
``(35) East Lake Tohopekaliga, Florida;
``(36) Dillon Lake, Ohio;
``(37) Hillcrest Pond, Pennsylvania;
``(38) Falcon Lake, Zapata County, Texas; and
``(39) Lake Casa Blanca, Webb County, Texas.''.
SEC. 1364. <<NOTE: State listing.>> MAINTENANCE OF NAVIGATION
CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339; 114 Stat. 2679; 136 Stat. 3779) is amended by
adding at the end the following:
``(23) West Dundalk Branch Channel and Dundalk-Seagirt
Connecting Channel, Baltimore Harbor Anchorages and Channels,
Maryland.
``(24) <<NOTE: Virgin Islands.>> Crown Bay Marina Channel,
United States Virgin Islands.
``(25) Pidgeon Industrial Area Harbor, Memphis, Tennessee.
``(26) McGriff Pass Channel, Florida.
``(27) Oak Harbor Channel and Breakwater, Washington.''.
SEC. 1365. <<NOTE: Washington.>> MAINTENANCE OF PILE DIKE SYSTEM.
The Secretary shall continue to maintain the pile dike system
constructed by the Corps of Engineers for the purpose of navigation
along the Lower Columbia River and Willamette River, Washington, at
Federal expense.
SEC. 1366. <<NOTE: Alabama. Mississippi.>> NAVIGATION ALONG THE
TENNESSEE-TOMBIGBEE WATERWAY.
The Secretary shall, consistent with applicable statutory
authorities--
(1) coordinate with the relevant stakeholders and
communities in the State of Alabama and the State of Mississippi
to address the dredging needs of the Tennessee-Tombigbee
Waterway in those States; and
(2) ensure continued navigation at the locks and dams owned
and operated by the Corps of Engineers located along the
Tennessee-Tombigbee Waterway.
SEC. 1367. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) by striking subsection (c) and inserting the following:
[[Page 138 STAT. 3165]]
``(c) Cost Sharing.--The non-Federal share of the cost of a project
for rehabilitation of a dam under this section, including the cost of
any required study, shall be the same share assigned to the non-Federal
interest for the cost of initial construction of that dam, including
provision of all land, easements, rights-of-way, and necessary
relocations.'';
(2) in subsection (e)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following:
``(2) Exception.--For a project under this section for which
the Federal share of the costs is expected to exceed
$60,000,000, the Secretary may expend more than such amount only
if--
``(A) the Secretary submits to Congress the
determination made under subsection (a) with respect to
the project; and
``(B) construction of the project substantially in
accordance with the plans, and subject to the conditions
described in such determination, is specifically
authorized by Congress.''.
(3) in subsection (f), by striking ``fiscal years 2017
through 2026'' and inserting ``fiscal years 2026 through 2030'';
and
(4) by striking subsection (g).
SEC. 1368. SOIL MOISTURE AND SNOWPACK MONITORING.
Section 511(a)(3) of the Water Resources Development Act of 2020
(134 Stat. 2753) is amended by striking ``2025'' and inserting ``2029''.
SEC. 1369. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO
CERTAIN CONTRACT CLAIMS.
Section 349 of the Water Resources Development Act of 2020 (134
Stat. 2716) is amended in the matter preceding paragraph (1) by striking
``2022'' and inserting ``2027''.
SEC. 1370. <<NOTE: Alabama.>> WILSON LOCK FLOATING GUIDE WALL.
On the request of the relevant Federal entity, the Secretary shall,
to the maximum extent practicable, use all relevant authorities to
expeditiously provide technical assistance, including engineering and
design assistance, and cost estimation assistance to the relevant
Federal entity in order to address the impacts to navigation along the
Tennessee River at the Wilson Lock and Dam, Alabama.
SEC. 1371. SENSE OF CONGRESS RELATING TO MOBILE HARBOR, ALABAMA.
It is the sense of Congress that the Secretary should, consistent
with applicable statutory authorities, coordinate with relevant
stakeholders in the State of Alabama to address the dredging and
dredging material placement needs associated with the project for
navigation, Theodore Ship Channel, Mobile Harbor, Alabama, authorized by
section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5) and
modified by section 309 of the Water Resources Development Act of 2020
(134 Stat. 2704).
[[Page 138 STAT. 3166]]
SEC. 1372. SENSE OF CONGRESS RELATING TO SHALLOW DRAFT DREDGING IN
THE CHESAPEAKE BAY.
It is the sense of Congress that--
(1) shallow draft dredging in the Chesapeake Bay is critical
for tourism, recreation, and the fishing industry and that
additional dredging is needed; and
(2) the Secretary should, to the maximum extent practicable,
use existing statutory authorities to address the dredging needs
at small harbors and channels in the Chesapeake Bay.
SEC. 1373. SENSE OF CONGRESS RELATING TO MISSOURI RIVER
PRIORITIES.
It is the sense of Congress that the Secretary should make publicly
available, where appropriate, any data used and any decisions made by
the Corps of Engineers relating to the operations of civil works
projects within the Missouri River Basin in order to ensure transparency
for the communities in that Basin.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 1401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Akutan Harbor July 17, 2024 Federal: $70,898,000
Navigational Non-Federal: $1,749,000
Improvements, Total: $72,647,000
Akutan
------------------------------------------------------------------------
[[Page 138 STAT. 3167]]
2. CA Oakland Harbor May 30, 2024 Federal: $432,232,000
Turning Non-Federal: $210,298,000
Basins Total: $642,530,000
Widening,
Oakland
------------------------------------------------------------------------
3. FL Tampa Harbor, August 14, Federal: $520,420,000
Pinellas and 2024 Non-Federal: $627,840,000
Hillsborough Total: $1,148,260,000
Counties,
Deep Draft
Navigation
------------------------------------------------------------------------
4. MD Baltimore June 22, 2023 Federal: $53,765,250
Harbor Non-Federal: $17,921,750
Anchorages Total: $71,687,000
and Channels
Modification
of Seagirt
Loop Channel,
City of
Baltimore,
Deep Draft
Navigation
------------------------------------------------------------------------
(2) Hurricane and storm damage risk reduction.--
[[Page 138 STAT. 3168]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. DC, Metropolitan June 17, 2024 Federal: $10,160,800
VA Washington, Non-Federal: $5,471,200
District of Total: $15,632,000
Columbia, Coastal
Storm Risk
Management
------------------------------------------------------------------------
2. FL St. Johns County, April 18, Federal: $50,449,000
Ponte Vedra Beach 2024 Non-Federal: $91,317,000
Coastal Storm Total: $141,766,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade Back August 26, Federal: $1,756,000,000
Bay, Miami-Dade 2024 Non-Federal: $945,000,000
County, Coastal Total: $2,701,000,000
Storm Risk
Management
------------------------------------------------------------------------
4. MD Baltimore August 5, Federal: $51,439,700
Metropolitan, 2024 Non-Federal: $27,698,300
Baltimore City, Total: $79,138,000
Coastal Storm
Risk Management
------------------------------------------------------------------------
[[Page 138 STAT. 3169]]
5. NY South Shore Staten February 6, Federal: $1,775,600,000
Island, Fort 2024 Non-Federal: $368,200,000
Wadsworth to Total: $2,143,800,000
Oakwood Beach,
Richmond County,
Coastal Storm
Risk Management
------------------------------------------------------------------------
6. PR Puerto Rico, July 30, 2024 Federal: $99,570,000
Coastal Storm Non-Federal: $159,010,000
Risk Management Total: $258,580,000
------------------------------------------------------------------------
7. RI Rhode Island September 28, Federal: $216,690,500
Coastline, 2023 Non-Federal: $116,679,500
Coastal Storm Total: $333,370,000
Risk Management
------------------------------------------------------------------------
(3) Flood risk management and hurricane and storm damage
risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. LA St. Tammany May 28, 2024 Federal: $3,706,814,000
Parish, Louisiana Non-Federal: $2,273,679,000
Coastal Storm and Total: $5,980,493,000
Flood Risk
Management
------------------------------------------------------------------------
(4) Navigation and hurricane and storm damage risk
reduction.--
[[Page 138 STAT. 3170]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Gulf Intracoastal June 2, 2023 Total: $322,761,000
Waterway, Coastal
Resilience Study,
Brazoria and
Matagorda
Counties
------------------------------------------------------------------------
(5) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. MS Memphis December 18, Federal: $17,380,000
Metropolitan 2023 Non-Federal: $9,358,000
Stormwater - Total: $26,738,000
North DeSoto
County
Feasibility
Study, DeSoto
County
------------------------------------------------------------------------
(6) Ecosystem restoration.--
[[Page 138 STAT. 3171]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Comprehensive September 11, Federal: $1,057,630,000
Everglades 2024 Non-Federal: $1,057,630,000
Restoration Plan, Total: $2,115,260,000
Western
Everglades
Restoration Plan
------------------------------------------------------------------------
2. TN, Mississippi River, August 12, Federal: $41,306,000
AR Hatchie- 2024 Non-Federal: $22,353,000
Loosahatchie, Total: $63,659,000
Mississippi River
Mile 775-736
------------------------------------------------------------------------
(7) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NC Tar Pamlico River September 11, Federal: $65,142,350
Basin 2024 Non-Federal: $35,076,650
Total: $100,219,000
------------------------------------------------------------------------
(8) Modifications and other projects.--
[[Page 138 STAT. 3172]]
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. AZ Tres Rios, Arizona May 28, 2024 Federal: $215,574,000
Ecosystem Non-Federal: $119,835,000
Restoration Total: $335,409,000
Project
------------------------------------------------------------------------
2. FL Comprehensive December 2, Federal: $171,215,000
Everglades 2024 Non-Federal: $171,215,000
Restoration Plan, Total: $342,430,000
Biscayne Bay
Coastal Wetlands
Phase I Project,
Miami-Dade County
------------------------------------------------------------------------
3. KS Manhattan, Kansas May 6, 2024 Federal: $29,725,000
Federal Levee Non-Federal: $16,006,000
System Total: $45,731,000
------------------------------------------------------------------------
4. MO University City February 9, Federal: $9,299,000
Branch, River Des 2024 Non-Federal: $5,007,000
Peres, University Total: $14,306,000
City, St. Louis
County, Flood
Risk Management
------------------------------------------------------------------------
SEC. 1402. <<NOTE: Florida.>> SPECIAL RULE.
The Secretary is authorized to provide up to $320,000,000 in
financial assistance to the State of Florida for design and construction
of the North Feeder Stormwater Treatment Area, as recommended in the
Report of the Chief of Engineers for the project for ecosystem
restoration, Comprehensive Everglades Restoration Plan, Western
Everglades Restoration Plan, Florida, authorized by this Act, and
subject to the availability of appropriations.
[[Page 138 STAT. 3173]]
SEC. 1403. ADDITIONAL PROJECT AUTHORIZATION PURSUANT TO STUDY BY
NON-FEDERAL INTEREST.
The North of Lake Okeechobee Storage Reservoir (Component A) of the
Comprehensive Everglades Restoration Plan (CERP) Project is authorized
to be carried out by the Secretary in accordance with the review
assessment of the feasibility study for such project, dated August 2024
and submitted by the Secretary under section 203(c) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(c)), and subject to
such modifications or conditions as the Secretary considers appropriate.
SEC. 1404. FACILITY INVESTMENT.
(a) <<NOTE: Texas.>> In General.--Subject to subsection (b), using
amounts available in the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) that are
not otherwise obligated, the Secretary may--
(1) design and construct an Operations and Maintenance
Building in Galveston, Texas, described in the prospectus
submitted to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate on May 22, 2024, pursuant to
subsection (c) of such section (33 U.S.C. 576(c)), substantially
in accordance with such prospectus;
(2) <<NOTE: Missouri.>> design and construct the new
warehouse facility at the Longview Lake Project near Lee's
Summit, Missouri, described in the prospectus submitted to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on May 22, 2024, pursuant to subsection (c)
of such section (33 U.S.C. 576(c)), substantially in accordance
with such prospectus;
(3) design and construct the joint facility for the resident
office for the Corpus Christi Resident Office (Construction) and
the Corpus Christi Regulatory Field Office on existing federally
owned property at the Naval Air Station, in Corpus Christi,
Texas, described in the prospectus submitted to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on June 6, 2023, pursuant to subsection (c)
of such section (33 U.S.C. 576(c)), substantially in accordance
with such prospectus; and
(4) carry out such construction and infrastructure
improvements as are required to support the facilities described
in paragraphs (1) through (3), including any necessary
demolition of existing infrastructure.
(b) <<NOTE: Reimbursement.>> Requirement.--In carrying out
subsection (a), the Secretary shall ensure that the revolving fund
established by the first section of the Civil Functions Appropriations
Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit from the
facilities constructed under this section.
[[Page 138 STAT. 3174]]
DIVISION B--OTHER MATTERS
TITLE I-- <<NOTE: Fiscally Responsible Highway Funding Act of
2024.>> FISCALLY RESPONSIBLE HIGHWAY FUNDING ACT OF 2024
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Fiscally Responsible Highway
Funding Act of 2024''.
SEC. 2102. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(3) TIFIA program.--The term ``TIFIA program'' means the
program for credit assistance under chapter 6 of title 23,
United States Code.
SEC. 2103. REDISTRIBUTION OF PRIOR TIFIA FUNDING.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall distribute the amount of contract authority described in
subsection (b)(1) to States in accordance with this section.
(b) Funding.--
(1) Amount described.--Subject to paragraph (2), the amount
of contract authority referred to in subsection (a) is
$1,800,000,000, which shall be derived from the unobligated
amounts of contract authority made available for credit
assistance under--
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of
title 23, United States Code (as in effect before the
date of enactment of SAFETEA-LU (Public Law 109-59; 119
Stat. 1144)); and
(B) the TIFIA program.
(2) Treatment.--The amount distributed under subsection (a)
shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) <<NOTE: Expiration date.>> remain available
until September 30, 2028; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(c) Distribution.--The amount distributed under subsection (a) shall
be distributed so that each State receives an amount equal to the
proportion that--
(1) the amount apportioned to the State for fiscal year 2025
under subsection (b) of section 104 of title 23, United States
Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2025 under that subsection.
(d) Requirements.--Amounts distributed to States under subsection
(a) shall be--
[[Page 138 STAT. 3175]]
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b) of
such title;
(3) subject to the set aside under section 133(h) of such
title;
(4) suballocated in the same manner described in section
133(d) of such title; and
(5) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
(e) Effective Date.--This section shall take effect as if enacted on
October 1, 2024.
SEC. 2104. REDISTRIBUTION OF FISCAL YEAR 2025 TIFIA FUNDING.
(a) Determination.--
(1) <<NOTE: Effective date. Contracts.>> In general.--
Notwithstanding any other provision of law and subject to
paragraph (2), on April 1, 2025, the Secretary shall--
(A) determine the amount of contract authority made
available for credit assistance under the TIFIA program
for fiscal year 2025 pursuant to section 11101(a)(2) of
the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 443) that is estimated to remain
unobligated in that fiscal year; and
(B) distribute to States, in accordance with this
section, 75 percent of the amount of contract authority
determined under subparagraph (A).
(2) Treatment.--The amounts distributed under paragraph
(1)(B) shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) <<NOTE: Expiration date.>> remain available
until September 30, 2028; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(b) Distribution.--The amount distributed under subsection (a)(1)(B)
shall be distributed so that each State receives an amount equal to the
proportion that--
(1) the amount apportioned to the State for fiscal year 2025
under subsection (b) of section 104 of title 23, United States
Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2025 under that subsection.
(c) Requirements.--Amounts distributed to States under subsection
(a)(1)(B) shall be--
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b) of
that title;
(3) subject to the set aside under section 133(h) of such
title;
(4) suballocated in the same manner described in section
133(d) of that title; and
[[Page 138 STAT. 3176]]
(5) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
SEC. 2105. REDISTRIBUTION OF FISCAL YEAR 2026 TIFIA FUNDING.
(a) Determination.--
(1) <<NOTE: Effective date.>> In general.--Notwithstanding
any other provision of law and subject to paragraph (2), on
April 1, 2026, the Secretary shall--
(A) determine the amount of contract authority made
available for credit assistance under the TIFIA program
for fiscal year 2026 pursuant to section 11101(a)(2) of
the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 443) that is estimated to remain
unobligated in that fiscal year; and
(B) distribute to States, in accordance with this
section, 75 percent of the amount of contract authority
determined under subparagraph (A).
(2) Treatment.--The amounts distributed under paragraph
(1)(B) shall--
(A) be subject to the obligation limitation for
Federal-aid highway and highway safety construction
programs;
(B) <<NOTE: Expiration date.>> remain available
until September 30, 2029; and
(C) be in addition to any other funding apportioned
to States under section 104(b) of title 23, United
States Code.
(b) Distribution.--The amount distributed under subsection (a)(1)(B)
shall be distributed so that each State receives an amount equal to the
proportion that--
(1) the amount apportioned to the State for fiscal year 2026
under subsection (b) of section 104 of title 23, United States
Code; bears to
(2) the total amount apportioned to all States for fiscal
year 2026 under that subsection.
(c) Requirements.--Amounts distributed to States under subsection
(a)(1)(B) shall be--
(1) except as otherwise provided in this section,
administered as if apportioned under chapter 1 of title 23,
United States Code;
(2) available for any purpose described in section 133(b) of
that title;
(3) subject to the set aside under section 133(h) of such
title;
(4) suballocated in the same manner described in section
133(d) of that title; and
(5) subject to the requirements of section 11101(e) of the
Infrastructure Investment and Jobs Act (23 U.S.C. 101 note;
Public Law 117-58).
TITLE II-- <<NOTE: Economic Development Reauthorization Act of
2024.>> ECONOMIC DEVELOPMENT REAUTHORIZATION ACT OF 2024
SEC. 2201. <<NOTE: 42 USC 3121 note.>> SHORT TITLE.
This title may be cited as the ``Economic Development
Reauthorization Act of 2024''.
[[Page 138 STAT. 3177]]
Subtitle A--Public Works and Economic Development
SEC. 2211. DEFINITIONS.
(a) In General.--Section 3 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122) is amended--
(1) by redesignating paragraphs (1) through (12) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (12), (13), (14),
(16), and (17), respectively;
(2) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Blue economy.--The term `blue economy' means the
sustainable use of marine, lake, or other aquatic resources in
support of economic development objectives.
``(2) Capacity building.--The term `capacity building'
includes all activities associated with early stage community-
based project formation and conceptualization, prior to project
predevelopment activity, including grants to local community
organizations for planning participation, community outreach and
engagement activities, research, and mentorship support to move
projects from formation and conceptualization to project
predevelopment.'';
(3) in paragraph (5) (as so redesignated), in subparagraph
(A)(i), by striking ``to the extent appropriate'' and inserting
``to the extent determined appropriate by the Secretary'';
(4) in paragraph (6) (as so redesignated), in subparagraph
(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at end
and inserting a semicolon; and
(C) by adding at the end the following:
``(vii) an economic development organization;
or
``(viii) a public-private partnership for
public infrastructure.'';
(5) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Outdoor recreation.--The term `outdoor recreation'
means all recreational activities, and the economic drivers of
those activities, that occur in nature-based environments
outdoors.
``(11) Project predevelopment.--The term `project
predevelopment' means a measure required to be completed before
the initiation of a project, including--
``(A) planning and community asset mapping;
``(B) training;
``(C) technical assistance and organizational
development;
``(D) feasibility and market studies;
``(E) demonstration projects; and
``(F) other predevelopment activities determined by
the Secretary to be appropriate.'';
(6) by striking paragraph (12) (as so redesignated) and
inserting the following:
``(12) Regional commission.--The term `Regional Commission'
means any of the following:
[[Page 138 STAT. 3178]]
``(A) The Appalachian Regional Commission
established by section 14301(a) of title 40, United
States Code.
``(B) The Delta Regional Authority established by
section 382B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(a)(1)).
``(C) The Denali Commission established by section
303(a) of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277).
``(D) The Great Lakes Authority established by
section 15301(a)(4) of title 40, United States Code.
``(E) The Mid-Atlantic Regional Commission
established by section 15301(a)(5) of title 40, United
States Code.
``(F) The Northern Border Regional Commission
established by section 15301(a)(3) of title 40, United
States Code.
``(G) The Northern Great Plains Regional Authority
established by section 383B(a)(1) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009bb-
1(a)(1)).
``(H) The Southeast Crescent Regional Commission
established by section 15301(a)(1) of title 40, United
States Code.
``(I) The Southern New England Regional Commission
established by section 15301(a)(6) of title 40, United
States Code.
``(J) The Southwest Border Regional Commission
established by section 15301(a)(2) of title 40, United
States Code.'';
(7) by inserting after paragraph (14) (as so redesignated)
the following:
``(15) Travel and tourism.--The term `travel and tourism'
means any economic activity that primarily serves to encourage
recreational or business travel in or to the United States,
including activities relating to public or nonprofit
entertainment venues in the United States.''; and
(8) in paragraph (17) (as so redesignated), by striking
``established as a University Center for Economic Development
under section 207(a)(2)(D)'' and inserting ``established under
section 207(c)(1)''.
(b) Conforming Amendment.--Section 207(a)(3) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3147(a)(3)) is amended by
striking ``section 3(4)(A)(vi)'' and inserting ``section 3(6)(A)(vi)''.
SEC. 2212. INCREASED COORDINATION.
Section 103 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3133) is amended by striking subsection (b) and inserting the
following:
``(b) Meetings.--
``(1) In general.--To carry out subsection (a), or for any
other purpose relating to economic development activities, the
Secretary may convene meetings with Federal agencies, State and
local governments, economic development districts, Indian
tribes, and other appropriate planning and development
organizations.
``(2) Regional commissions.--
[[Page 138 STAT. 3179]]
``(A) <<NOTE: Deadline. Time period.>> In general.--
In addition to meetings described in paragraph (1), not
later than 1 year after the date of enactment of the
Economic Development Reauthorization Act of 2024, and
not less frequently than every 2 years thereafter, the
Secretary shall convene a meeting with the Regional
Commissions in furtherance of subsection (a).
``(B) Attendees.--The attendees for a meeting
convened under this paragraph shall consist of--
``(i) the Secretary, acting through the
Assistant Secretary of Commerce for Economic
Development, serving as Chair;
``(ii) the Federal Cochairpersons of the
Regional Commissions, or their designees; and
``(iii) the State Cochairpersons of the
Regional Commissions, or their designees.
``(C) Purpose.--The purposes of a meeting convened
under this paragraph shall include--
``(i) to enhance coordination between the
Economic Development Administration and the
Regional Commissions in carrying out economic
development programs;
``(ii) to reduce duplication of efforts by the
Economic Development Administration and the
Regional Commissions in carrying out economic
development programs;
``(iii) to develop best practices and
strategies for fostering regional economic
development; and
``(iv) any other purposes as determined
appropriate by the Secretary.
``(D) <<NOTE: Public information.>> Report.--Where
applicable and pursuant to subparagraph (C), not later
than 1 year after a meeting under this paragraph, the
Secretary shall prepare and make publicly available a
report detailing, at a minimum--
``(i) the planned actions by the Economic
Development Administration and the Regional
Commissions to enhance coordination or reduce
duplication of efforts and a timeline for
implementing those actions; and
``(ii) any best practices and strategies
developed.''.
SEC. 2213. GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT.
(a) In General.--Section 201 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or for the
improvement of waste management and recycling systems''
after ``development facility''; and
(B) in paragraph (2), by inserting ``increasing the
resilience'' after ``expansion,'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``successful
establishment or expansion'' and inserting ``successful
establishment, expansion, or retention,''; and
(B) in subparagraph (C), by inserting ``and
underemployed'' after ``unemployed'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
[[Page 138 STAT. 3180]]
``(c) Additional Considerations.--In awarding grants under
subsection (a) and subject to the criteria in subsection (b), the
Secretary may also consider the extent to which a project would--
``(1) lead to economic diversification in the area, or a
part of the area, in which the project is or will be located;
``(2) address and mitigate economic impacts from extreme
weather events, including development of resilient
infrastructure, products, and processes;
``(3) benefit highly rural communities without adequate tax
revenues to invest in long-term or costly infrastructure;
``(4) increase access to high-speed broadband;
``(5) support outdoor recreation to spur economic
development, with a focus on rural communities;
``(6) promote job creation or retention relative to the
population of the impacted region with outsized significance;
``(7) promote travel and tourism; or
``(8) promote blue economy activities.''.
SEC. 2214. GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE
EXPENSES.
Section 203 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3143) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following:
``(d) Administrative Expenses.--Administrative expenses that may be
paid with a grant under this section include--
``(1) expenses related to carrying out the planning process
described in subsection (b);
``(2) expenses related to project predevelopment;
``(3) expenses related to updating economic development
plans to align with other applicable State, regional, or local
planning efforts; and
``(4) expenses related to hiring professional staff to
assist communities in--
``(A) project predevelopment and implementing
projects and priorities included in--
``(i) a comprehensive economic development
strategy; or
``(ii) an economic development planning grant;
``(B) identifying and using other Federal, State,
and Tribal economic development programs;
``(C) leveraging private and philanthropic
investment;
``(D) preparing economic recovery plans in response
to disasters; and
``(E) carrying out economic development and
predevelopment activities in accordance with
professional economic development best practices.''; and
(3) in subsection (e) (as so redesignated), in paragraph
(4)--
(A) in subparagraph (E), by striking ``; and'' and
inserting ``(including broadband);'';
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) address and mitigate economic impacts of
extreme weather; and''.
[[Page 138 STAT. 3181]]
SEC. 2215. COST SHARING.
Section 204 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3144) is amended--
(1) in subsection (a)(1), by striking ``50'' and inserting
``60'';
(2) in subsection (b)--
(A) by striking ``In determining'' and inserting the
following:
``(1) In general.--In determining''; and
(B) by adding at the end the following:
``(2) Regional commission funds.--Notwithstanding any other
provision of law, any funds contributed by a Regional Commission
for a project under this title may be considered to be part of
the non-Federal share of the costs of the project.''; and
(3) in subsection (c)--
(A) in paragraph (2), by inserting ``or can
otherwise document that no local matching funds are
reasonably obtainable'' after ``or political
subdivision'';
(B) in paragraph (3)--
(i) by striking ``section 207'' and inserting
``section 203 or 207''; and
(ii) by striking ``project if'' and all that
follows through the period at the end and
inserting ``project.''; and
(C) by adding at the end the following:
``(4) Small communities.--In the case of a grant to a
political subdivision of a State (as described in section
3(6)(A)(iv)) that has a population of fewer than 10,000
residents and meets 1 or more of the eligibility criteria
described in section 301(a), the Secretary may increase the
Federal share under paragraph (1) up to 100 percent of the total
cost of the project.''.
SEC. 2216. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.
Section 206 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3146) is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) the per capita income levels, the labor force
participation rate, and the extent of underemployment in
eligible areas; and''; and
(2) in paragraph (4), by inserting ``and retention'' after
``creation''.
SEC. 2217. RESEARCH AND TECHNICAL ASSISTANCE; UNIVERSITY CENTERS.
Section 207 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3147) is amended--
(1) in subsection (a)(2)(A), by inserting ``, project
predevelopment,'' after ``planning''; and
(2) by adding at the end the following:
``(c) University Centers.--
``(1) <<NOTE: Grants.>> Establishment.--In accordance with
subsection (a)(2)(D), the Secretary may make grants to
institutions of higher education to serve as university centers.
[[Page 138 STAT. 3182]]
``(2) Geographic coverage.--The Secretary shall ensure that
the network of university centers established under this
subsection provides services in each State.
``(3) Duties.--To the maximum extent practicable, a
university center established under this subsection shall--
``(A) collaborate with other university centers;
``(B) collaborate with economic development
districts and other relevant Federal economic
development technical assistance and service providers
to provide expertise and technical assistance to
develop, implement, and support comprehensive economic
development strategies and other economic development
planning at the local, regional, and State levels, with
a focus on innovation, entrepreneurship, workforce
development, and regional economic development;
``(C) provide technical assistance, business
development, and technology transfer services to
businesses in the area served by the university center;
``(D) establish partnerships with 1 or more
commercialization intermediaries that are public or
nonprofit technology transfer organizations eligible to
receive a grant under section 602 of the American
Innovation and Competitiveness Act (42 U.S.C. 1862s-9);
``(E) promote local and regional capacity building;
and
``(F) provide to communities and regions assistance
relating to data collection and analysis and other
research relating to economic conditions and
vulnerabilities that can inform economic development and
adjustment strategies.
``(4) Consideration.--In making grants under this
subsection, the Secretary shall consider--
``(A) the significant role of regional public
universities in supporting economic development in
distressed communities through the planning and the
implementation of economic development projects and
initiatives; and
``(B) the location of the university center in or
near a distressed community.''.
SEC. 2218. INVESTMENT PRIORITIES.
Title II of the Public Works and Economic Development Act of 1965 is
amended by inserting after section 207 (42 U.S.C. 3147) the following:
``SEC. 208. <<NOTE: 42 USC 3148.>> INVESTMENT PRIORITIES.
``(a) In General.--Subject to subsection (b), for a project to be
eligible for assistance under this title, the project shall be
consistent with 1 or more of the following investment priorities:
``(1) Critical infrastructure.--Economic development
planning or implementation projects that support development of
public facilities, including basic public infrastructure,
transportation infrastructure, or telecommunications
infrastructure.
``(2) Workforce.--Economic development planning or
implementation projects that--
``(A) support job skills training to meet the hiring
needs of the area in which the project is to be carried
out and that result in well-paying jobs; or
``(B) otherwise promote labor force participation.
[[Page 138 STAT. 3183]]
``(3) Innovation and entrepreneurship.--Economic development
planning or implementation projects that--
``(A) support the development of innovation and
entrepreneurship-related infrastructure;
``(B) promote business development and lending; or
``(C) foster the commercialization of new
technologies that are creating technology-driven
businesses and high-skilled, well-paying jobs of the
future.
``(4) Economic recovery resilience.--Economic development
planning or implementation projects that enhance the ability of
an area to withstand and recover from adverse short-term or
long-term changes in economic conditions, including effects from
industry contractions or economic impacts from natural
disasters.
``(5) Manufacturing.--Economic development planning or
implementation projects that encourage job creation, business
expansion, technology and capital upgrades, and productivity
growth in manufacturing, including efforts that contribute to
the competitiveness and growth of domestic suppliers or the
domestic production of innovative, high-value products and
production technologies.
``(b) <<NOTE: Notification.>> Conditions.--If the Secretary plans to
use an investment priority that is not described in subsection (a), the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a written notification that explains the
basis for using that investment priority.
``(c) Savings Clause.--Nothing in this section waives any other
requirement of this Act.''.
SEC. 2219. GRANTS FOR ECONOMIC ADJUSTMENT.
Section 209 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3149) is amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5)--
(i) by inserting ``, travel and tourism,
natural resource-based, blue economy, or
agricultural'' after ``manufacturing''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) economic dislocation in the steel industry due to the
closure of a steel plant, primary steel economy contraction
events (including temporary layoffs and shifts to part-time
work), or job losses in the steel industry or associated with
the departure or contraction of the steel industry, for help in
economic restructuring of the communities; or
``(7) limited water for industrial consumption in areas
impacted by decreased water supplies due to drought or extreme
heat.'';
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(3) by inserting after section (c) the following:
``(d) Assistance to Coal Communities.--
``(1) Definitions.--In this subsection:
[[Page 138 STAT. 3184]]
``(A) Coal economy.--The term `coal economy' means
the complete supply chain of coal-reliant industries,
including--
``(i) coal mining;
``(ii) coal-fired power plants;
``(iii) transportation or logistics; and
``(iv) manufacturing.
``(B) Contraction event.--The term `contraction
event' means the closure of a facility or a reduction in
activity relating to a coal-reliant industry, including
an industry described in any of clauses (i) through (iv)
of subparagraph (A).
``(2) Authorization.--On the application of an eligible
recipient, the Secretary may make grants for projects in areas
adversely impacted by a contraction event in the coal economy.
``(3) Eligibility.--
``(A) <<NOTE: Determination.>> In general.--In
carrying out this subsection, the Secretary shall
determine the eligibility of an area based on whether
the eligible recipient can reasonably demonstrate that
the area--
``(i) <<NOTE: Time period.>> has been
adversely impacted by a contraction event in the
coal economy within the previous 25 years; or
``(ii) will be adversely impacted by a
contraction event in the coal economy.
``(B) Prohibition.--No regulation or other policy of
the Secretary may limit the eligibility of an eligible
recipient for a grant under this subsection based on the
date of a contraction event except as provided in
subparagraph (A)(i).
``(C) Demonstrating adverse impact.--For the
purposes of this paragraph, an eligible recipient may
demonstrate an adverse impact by demonstrating--
``(i) a loss in employment;
``(ii) a reduction in tax revenue; or
``(iii) any other factor, as determined to be
appropriate by the Secretary.
``(e) Assistance to Nuclear Host Communities.--
``(1) Definitions.--In this subsection:
``(A) Commission.--The term `Commission' means the
Nuclear Regulatory Commission.
``(B) Community advisory board.--The term `community
advisory board' means a community committee or other
advisory organization that--
``(i) primarily focuses on the economic
impacts of decommissioning activities; and
``(ii) aims to foster communication and
information exchange between a licensee planning
for and involved in decommissioning activities and
members of the community that decommissioning
activities may affect.
``(C) Decommission.--The term `decommission' has the
meaning given the term in section 50.2 of title 10, Code
of Federal Regulations (or successor regulations).
``(D) Licensee.--The term `licensee' has the meaning
given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
[[Page 138 STAT. 3185]]
``(E) Nuclear host community.--The term `nuclear
host community' means an eligible recipient that has
been economically impacted, or reasonably demonstrates
to the satisfaction of the Secretary that it will be
economically impacted, by a nuclear power plant licensed
by the Commission that--
``(i) is not co-located with an operating
nuclear power plant;
``(ii) is at a site with spent nuclear fuel;
and
``(iii) as of the date of enactment of the
Economic Development Reauthorization Act of 2024--
``(I) has ceased operations; or
``(II) has provided a written
notification to the Commission that it
will cease operations.
``(2) Authorization.--On the application of an eligible
recipient, the Secretary may make grants--
``(A) to assist with economic development in nuclear
host communities; and
``(B) to fund community advisory boards in nuclear
host communities.
``(3) Requirement.--In carrying out this subsection, to the
maximum extent practicable, the Secretary shall implement the
recommendations described in the report submitted to Congress
under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled
`Best Practices for Establishment and Operation of Local
Community Advisory Boards Associated with Decommissioning
Activities at Nuclear Power Plants'.
``(4) Distribution of funds.--The Secretary shall establish
a methodology to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.''.
SEC. 2220. RENEWABLE ENERGY PROGRAM.
Section 218 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3154d) is amended--
(1) in the section heading, by striking ``brightfields
demonstration'' and inserting ``renewable energy'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Renewable Energy Site.--In this section, the
term `renewable energy site' means a brownfield site that is redeveloped
through the incorporation of 1 or more renewable energy technologies,
including solar, wind, geothermal, ocean, and emerging, but proven,
renewable energy technologies.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Demonstration Program'' and inserting
``Establishment'';
(B) in the matter preceding paragraph (1), by
striking ``brightfield'' and inserting ``renewable
energy''; and
(C) in paragraph (1), by striking ``solar energy
technologies'' and inserting ``renewable energy
technologies described in subsection (a),''; and
(4) by striking subsection (d).
SEC. 2221. WORKFORCE TRAINING GRANTS.
Title II of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) is amended by adding at the end the following:
[[Page 138 STAT. 3186]]
``SEC. 219. <<NOTE: 42 USC 3154e.>> WORKFORCE TRAINING GRANTS.
``(a) In General.--On the application of an eligible recipient, the
Secretary may make grants to support the development and expansion of
innovative workforce training programs through sectoral partnerships
leading to quality jobs and the acquisition of equipment or construction
of facilities to support workforce development activities.
``(b) Eligible Uses.--Funds from a grant under this section may be
used for--
``(1) acquisition or development of land and improvements to
house workforce training activities;
``(2) acquisition, design and engineering, construction,
rehabilitation, alteration, expansion, or improvement of such a
facility, including related equipment and machinery;
``(3) acquisition of machinery or equipment to support
workforce training activities;
``(4) planning, technical assistance, and training;
``(5) sector partnerships development, program design, and
program implementation; and
``(6) in the case of an eligible recipient that is a State,
subject to subsection (c), a State program to support individual
trainees for employment in critical industries with high demand
and vacancies necessary for further economic development of the
applicable State that--
``(A) requires significant post-secondary training;
but
``(B) does not require a post-secondary degree.
``(c) State Grant Pilot Program.--
``(1) In general.--The Secretary may award grants to States
for the purpose described in subsection (b)(6).
``(2) Application.--To be eligible to receive a grant under
this subsection, the Chief Executive of a State shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, which
shall include, at a minimum, the following:
``(A) A method for identifying critical industry
sectors driving in-State economic growth that face
staffing challenges for in-demand jobs and careers.
``(B) A governance structure for the implementation
of the program established by the State, including
defined roles for the consortia of agencies of such
State, at a minimum, to include the State departments of
economic development, labor, and education, or the State
departments or agencies with jurisdiction over those
matters.
``(C) <<NOTE: Strategy.>> A strategy for recruiting
participants from at least 1 community that meets 1 or
more of the criteria described in section 301(a).
``(D) <<NOTE: Plan.>> A plan for how the State will
develop a tracking system for eligible programs,
participant enrollment, participant outcomes, and an
application portal for individual participants.
``(3) Selection.--The Secretary shall award not more than 1
grant under this subsection to any State.
``(4) Eligible uses.--A grant under this subsection may be
used for--
``(A) <<NOTE: Costs.>> necessary costs to carry out
the matters described in this subsection, including
tuition and stipends for
[[Page 138 STAT. 3187]]
individuals that receive funds under the program
established by the applicable State, subject to the
requirements described in paragraph (6); and
``(B) program implementation, planning, technical
assistance, or training.
``(5) Federal share.--Notwithstanding section 204, the
Federal share of the cost of any award carried out with a grant
made under this subsection shall not exceed 70 percent.
``(6) Participant amounts.--A State shall ensure that grant
funds provided under this subsection to each individual that
receives funds under the program established by the applicable
State is the lesser of the following amounts:
``(A) In a case in which the individual is also
eligible for a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for
enrollment at the applicable training program for any
award year of the training program, $11,000 minus the
amount of the awarded Federal Pell Grant.
``(B) For an individual not described in paragraph
(1), the lesser of--
``(i) $11,000; and
``(ii) the total cost of the training program
in which the individual is enrolled, including
tuition, fees, career navigation services,
textbook costs, expenses related to assessments
and exams for certification or licensure,
equipment costs, and wage stipends (in the case of
a training program that is an earn-and-learn
program).
``(7) Termination.--The authority provided under this
subsection shall expire on September 30, 2029.
``(d) Coordination.--The Secretary shall coordinate the development
of new workforce development models with the Secretary of Labor and the
Secretary of Education.''.
SEC. 2222. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
Title II of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) (as amended by section 2221) is amended by
adding at the end the following:
``SEC. 220. <<NOTE: 42 USC 3154f.>> CONGRESSIONAL NOTIFICATION
REQUIREMENTS.
``(a) <<NOTE: Deadline.>> In General.--In the case of a project
described in subsection (b), 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, in accordance with subsection (c), of the award
of a grant for the project not less than 3 business days before
notifying an eligible recipient of their selection for that award.
``(b) Projects Described.--A project referred to in subsection (a)
is a project that the Secretary has selected to receive a grant
administered by the Economic Development Administration in an amount not
less than $100,000.
``(c) Requirements.--A notification under subsection (a) shall
include--
``(1) the name of the project;
``(2) the name of the applicant;
``(3) the region in which the project is to be carried out;
``(4) the State in which the project is to be carried out;
``(5) the 1 or more counties or political subdivisions in
which the project is to be carried out;
[[Page 138 STAT. 3188]]
``(6) the number of jobs expected to be created or retained
as a result of the project;
``(7) <<NOTE: Estimate.>> the estimated date of completion
of the project;
``(8) the amount of the grant awarded;
``(9) a description of the project; and
``(10) any additional information, as determined to be
appropriate by the Secretary.
``(d) <<NOTE: Deadline.>> Public Availability.--The Secretary shall
make a notification under subsection (a) publicly available not later
than 60 days after the date on which the Secretary provides the
notice.''.
SEC. 2223. SPECIFIC FLEXIBILITIES RELATED TO DEPLOYMENT OF HIGH-
SPEED BROADBAND.
Title II of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) (as amended by section 2222) is amended by
adding at the end the following:
``SEC. 221. <<NOTE: 42 USC 3154g.>> HIGH-SPEED BROADBAND
DEPLOYMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Broadband project.--The term `broadband project'
means, for the purposes of providing, extending, expanding, or
improving high-speed broadband service to further the goals of
this Act--
``(A) planning, technical assistance, or training;
``(B) the acquisition or development of land; or
``(C) the acquisition, design and engineering,
construction, rehabilitation, alteration, expansion, or
improvement of facilities, including related machinery,
equipment, contractual rights, and intangible property.
``(2) Eligible recipient.--
``(A) In general.--The term `eligible recipient'
means an eligible recipient.
``(B) Inclusions.--The term `eligible recipient'
includes--
``(i) a public-private partnership; and
``(ii) a consortium formed for the purpose of
providing, extending, expanding, or improving
high-speed broadband service between 1 or more
eligible recipients and 1 or more for-profit
organizations.
``(3) High-speed broadband.--The term `high-speed broadband'
means the provision of 2-way data transmission with sufficient
downstream and upstream speeds to end users to permit effective
participation in the economy and to support economic growth, as
determined by the Secretary.
``(b) Broadband Projects.--
``(1) <<NOTE: Grants.>> In general.--On the application of
an eligible recipient, the Secretary may make grants under this
title for broadband projects, which shall be subject to the
provisions of this section.
``(2) Considerations.--In reviewing applications submitted
under paragraph (1), the Secretary shall take into consideration
geographic diversity of grants provided, including consideration
of underserved markets, in addition to data requested in
paragraph (3).
``(3) Data requested.--In reviewing an application submitted
under paragraph (1), the Secretary shall request from the
Federal Communications Commission, the Administrator
[[Page 138 STAT. 3189]]
of the National Telecommunications and Information
Administration, the Secretary of Agriculture, and the
Appalachian Regional Commission data on--
``(A) the level and extent of broadband service that
exists in the area proposed to be served; and
``(B) the level and extent of broadband service that
will be deployed in the area proposed to be served
pursuant to another Federal program.
``(4) Interest in real or personal property.--For any
broadband project carried out by an eligible recipient that is a
public-private partnership or consortium, the Secretary shall
require that title to any real or personal property acquired or
improved with grant funds, or if the recipient will not acquire
title, another possessory interest acceptable to the Secretary,
be vested in a public partner or eligible nonprofit organization
or association for the useful life of the project, after which
title may be transferred to any member of the public-private
partnership or consortium in accordance with regulations
promulgated by the Secretary.
``(5) Procurement.--Notwithstanding any other provision of
law, no person or entity shall be disqualified from competing to
provide goods or services related to a broadband project on the
basis that the person or entity participated in the development
of the broadband project or in the drafting of specifications,
requirements, statements of work, or similar documents related
to the goods or services to be provided.
``(6) Broadband project property.--
``(A) In general.--The Secretary may permit a
recipient of a grant for a broadband project to grant an
option to acquire real or personal property (including
contractual rights and intangible property) related to
that project to a third party on such terms as the
Secretary determines to be appropriate, subject to the
condition that the option may only be exercised after
the Secretary releases the Federal interest in the
property.
``(B) Treatment.--The grant or exercise of an option
described in subparagraph (A) shall not constitute a
redistribution of grant funds under section 217.
``(c) <<NOTE: Determination.>> Non-Federal Share.--In determining
the amount of the non-Federal share of the cost of a broadband project,
the Secretary may provide credit toward the non-Federal share for the
present value of allowable contributions over the useful life of the
broadband project, subject to the condition that the Secretary may
require such assurances of the value of the rights and of the commitment
of the rights as the Secretary determines to be appropriate.''.
SEC. 2224. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT GRANT PROGRAM.
Title II of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) (as amended by section 2223) is amended by
adding at the end the following:
``SEC. 222. <<NOTE: 42 USC 3154h.>> CRITICAL SUPPLY CHAIN SITE
DEVELOPMENT GRANT PROGRAM.
``(a) In General.--On the application of an eligible recipient, the
Secretary may make grants under the `Critical Supply Chain Site
Development grant program' (referred to in this section as the `grant
program') to carry out site development or expansion
[[Page 138 STAT. 3190]]
projects for the purpose of making the site ready for manufacturing
projects.
``(b) Considerations.--In providing a grant to an eligible recipient
under the grant program, the Secretary may consider whether--
``(1) the proposed improvements to the site will improve
economic conditions for rural areas, Tribal communities, or
areas that meet 1 or more of the criteria described in section
301(a);
``(2) the project is consistent with regional economic
development plans, which may include a comprehensive economic
development strategy;
``(3) the eligible recipient has initiatives to prioritize
job training and workforce development; and
``(4) the project supports industries determined by the
Secretary to be of strategic importance to the national or
economic security of the United States.
``(c) Priority.--In awarding grants to eligible recipients under the
grant program, the Secretary shall give priority to eligible recipients
that propose to carry out a project that--
``(1) has State, local, private, or nonprofit funds being
contributed to assist with site development efforts; and
``(2) if the site development or expansion project is
carried out, will result in a demonstrated interest in the site
by commercial entities or other entities.
``(d) Use of Funds.--A grant provided under the grant program may be
used for the following activities relating to the development or
expansion of a site:
``(1) Investments in site utility readiness, including--
``(A) construction of on-site utility
infrastructure;
``(B) construction of last-mile infrastructure,
including road infrastructure, water infrastructure,
power infrastructure, broadband infrastructure, and
other physical last-mile infrastructure;
``(C) site grading; and
``(D) other activities to extend public utilities or
services to a site, as determined appropriate by the
Secretary.
``(2) Investments in site readiness, including--
``(A) land assembly;
``(B) environmental reviews;
``(C) zoning;
``(D) design;
``(E) engineering; and
``(F) permitting.
``(3) Investments in workforce development and
sustainability programs, including job training and retraining
programs.
``(4) Investments to ensure that disadvantaged communities
have access to on-site jobs.
``(e) Prohibition.--
``(1) In general.--Subject to paragraph (2), in awarding
grants under the grant program, the Secretary shall not require
an eligible recipient to demonstrate that a private company or
investment has selected the site for development or expansion.
[[Page 138 STAT. 3191]]
``(2) Safeguards.--In awarding grants under the grant
program, the Secretary shall include necessary safeguards to
ensure that--
``(A) the site development is fully completed within
a reasonable timeframe; and
``(B) the eligible recipient has sufficiently
demonstrated private sector interest.''.
SEC. 2225. UPDATED DISTRESS CRITERIA AND GRANT RATES.
Section 301 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161) is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) Unemployment, underemployment, or economic adjustment
problems. <<NOTE: Determination.>> --The area is an area that
the Secretary determines has experienced or is about to
experience a special need arising from actual or threatened
severe unemployment, underemployment, or economic adjustment
problems resulting from severe short-term or long-term changes
in economic conditions.
``(4) Low median household income.--The area has a median
household income of 80 percent or less of the national average.
``(5) Workforce participation.--The area has--
``(A) a labor force participation rate of 90 percent
or less of the national average; or
``(B) a prime-age employment gap of 5 percent or
more.
``(6) Expected economic dislocation and distress from energy
industry transitions.--The area is an area that is expected to
experience actual or threatened severe unemployment or economic
adjustment problems resulting from severe short-term or long-
term changes in economic conditions from energy industries that
are experiencing accelerated contraction.''; and
(2) by adding at the end the following:
``(e) <<NOTE: Public information. Web
posting. Notification.>> Transparency.--To the extent the Secretary
includes neighboring counties and communities in an economic development
district in accordance with subsection (a)(3), the Secretary shall
submit to Congress, and make publicly available online, a notification
describing the justification for such inclusion and detailing the
economic indicators of such neighboring counties and communities.''.
SEC. 2226. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.
Section 302 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3162) is amended--
(1) in subsection (a)(3)(A), by inserting ``including to
mitigate and adapt to the economic impacts of extreme weather,''
after ``enhances and protects the environment,''; and
(2) by adding at the end the following:
``(d) Exception.--This section shall not apply to grants awarded
under section 207 or grants awarded under section 209(c)(2) for areas to
which more than one comprehensive economic development strategy may
apply.''.
[[Page 138 STAT. 3192]]
SEC. 2227. OFFICE OF TRIBAL ECONOMIC DEVELOPMENT.
Title V of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3191 et seq.) is amended by adding at the end the following:
``SEC. 508. <<NOTE: 42 USC 3198.>> OFFICE OF TRIBAL ECONOMIC
DEVELOPMENT.
``(a) Establishment.--There is established within the Economic
Development Administration an Office of Tribal Economic Development
(referred to in this section as the `Office').
``(b) Purposes.--The purposes of the Office shall be--
``(1) to coordinate all Tribal economic development
activities carried out by the Secretary;
``(2) to help Tribal communities access economic development
assistance programs, including the assistance provided under
this Act;
``(3) to coordinate Tribal economic development strategies
and efforts with other Federal agencies; and
``(4) to be a participant in any negotiated rulemakings or
consultations relating to, or having an impact on, projects,
programs, or funding that benefit Tribal communities.
``(c) <<NOTE: Deadlines. Time period.>> Tribal Economic Development
Strategy.--
``(1) <<NOTE: Consultation. Updates.>> In general.--Not
later than 1 year after the date of enactment of the Economic
Development Reauthorization Act of 2024, the Office shall
initiate a Tribal consultation process to develop, and not less
frequently than every 3 years thereafter, update, a strategic
plan for Tribal economic development for the Economic
Development Administration.
``(2) Submission to congress.--Not later than 1 year after
the date of enactment of the Economic Development
Reauthorization Act of 2024 and not less frequently than every 3
years thereafter, the Office 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 the strategic plan for Tribal economic
development developed under paragraph (1).
``(d) <<NOTE: Public information. Website.>> Outreach.--The
Secretary shall establish a publicly facing website to help provide a
comprehensive, single source of information for Indian tribes, Tribal
leaders, Tribal businesses, and citizens in Tribal communities to better
understand and access programs that support economic development in
Tribal communities, including the economic development programs
administered by Federal agencies or departments other than the
Department.
``(e) Dedicated Staff.--The Secretary shall ensure that the Office
has sufficient staff to carry out all outreach activities under this
section.''.
SEC. 2228. OFFICE OF DISASTER RECOVERY AND RESILIENCE.
Title V of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3191 et seq.) (as amended by section 2227) is amended by adding
at the end the following:
``SEC. 509. <<NOTE: 42 USC 3199.>> OFFICE OF DISASTER RECOVERY AND
RESILIENCE.
``(a) Establishment.--The Secretary shall establish an Office of
Disaster Recovery and Resilience--
``(1) to direct and implement the post-disaster economic
recovery responsibilities of the Economic Development
Administration pursuant to subsections (c)(2) and (e) of section
209 and section 703;
[[Page 138 STAT. 3193]]
``(2) to direct and implement economic recovery and enhanced
resilience support function activities as directed under the
National Disaster Recovery Framework; and
``(3) <<NOTE: Determination.>> support long-term economic
recovery in communities in which a major disaster or emergency
has been declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or
otherwise impacted by an event of national significance, as
determined by the Secretary, through--
``(A) convening and deploying an economic
development assessment team;
``(B) hosting or attending convenings related to
identification of additional Federal, State, local, and
philanthropic entities and resources;
``(C) exploring potential flexibilities related to
existing awards;
``(D) provision of technical assistance through
staff or contractual resources; and
``(E) other activities determined by the Secretary
to be appropriate.
``(b) Appointment Authorities.--
``(1) Appointment.--The Secretary is authorized to appoint
such temporary personnel as may be necessary to carry out the
responsibilities of the Office of Disaster Recovery and
Resilience, without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, governing
appointments in the competitive service.
``(2) Conversion of employees.--Notwithstanding chapter 33
of title 5, United States Code, or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, a temporary employee
appointed under this subsection may be selected by the Secretary
for a permanent appointment in the competitive service in the
Economic Development Administration under internal competitive
promotion procedures if--
``(A) <<NOTE: Time period.>> the employee has served
continuously for at least 2 years under 1 or more
appointments under this subsection; and
``(B) the employee's performance has been at an
acceptable level of performance throughout the period or
periods referred to in subparagraph (A).
``(3) Status upon conversion.--An individual converted under
this subsection shall become a career-conditional employee,
unless the employee has already completed the service
requirements for career tenure.
``(4) Reporting.--For any fiscal year during which the
Secretary exercises the authority under this subsection, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
describes the use of that authority including, at a minimum--
``(A) the number of employees hired under the
authority during the fiscal year;
``(B) the positions and grades for which employees
were hired;
[[Page 138 STAT. 3194]]
``(C) the number of employees converted to career-
conditional;
``(D) a description of how the Secretary assessed
employee performance to determine the eligibility of the
employee for conversion under paragraph (2)(B);
``(E) the number of employees who were hired under
that authority as temporary employees who have met the
continuous service requirements described in
subparagraph (A) of paragraph (2) but not the
performance requirements described in subparagraph (B)
of that paragraph; and
``(F) the number of employees who were hired under
that authority who have separated from the Economic
Development Administration.
``(5) Rule of construction.--Nothing in this subsection
waives any requirement relating to qualifications of applicants
for positions in the Office of Disaster Recovery and Resilience
under this subsection.
``(6) Termination.--The authority provided by this
subsection shall expire on September 30, 2029.
``(c) Disaster Team.--
``(1) Establishment.--As soon as practicable after the date
of enactment of this section, the Secretary shall establish a
disaster team (referred to in this section as the `disaster
team') for the deployment of individuals to carry out
responsibilities of the Office of Disaster Recovery and
Resilience after a major disaster or emergency has been declared
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and the Department has
been activated by the Federal Emergency Management Agency.
``(2) Membership.--
``(A) Designation of staff.--As soon as practicable
after the date of enactment of this section, the
Secretary shall designate to serve on the disaster
team--
``(i) employees of the Office of Disaster
Recovery and Resilience;
``(ii) employees of the Department who are not
employees of the Economic Development
Administration; and
``(iii) in consultation with the heads of
other Federal agencies, employees of those
agencies, as appropriate.
``(B) Capabilities.--In designating individuals
under subparagraph (A), the Secretary shall ensure that
the disaster team includes a sufficient quantity of--
``(i) individuals who are capable of deploying
rapidly and efficiently to respond to major
disasters and emergencies; and
``(ii) highly trained full-time employees who
will lead and manage the disaster team.
``(3) Training.--The Secretary shall ensure that appropriate
and ongoing training is provided to members of the disaster team
to ensure that the members are adequately trained regarding the
programs and policies of the Economic Development Administration
relating to post-disaster economic recovery efforts.
``(4) Expenses.--In carrying out this section, the Secretary
may--
[[Page 138 STAT. 3195]]
``(A) use, with or without reimbursement, any
service, equipment, personnel, or facility of any
Federal agency with the explicit support of that agency,
to the extent such use does not impair or conflict with
the authority of the President or the Administrator of
the Federal Emergency Management Agency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) to direct Federal agencies in
any major disaster or emergency declared under that Act;
and
``(B) provide members of the disaster team with
travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular
place of business of the member in the performance of
services for, or relating to, the disaster team.
``(d) Annual Reports.--Not later than July 1, 2026, and annually
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 a report that includes--
``(1) <<NOTE: Summary.>> a summary of the activities of the
Office of Disaster Recovery and Resilience and any disaster
teams established pursuant to subsection (c);
``(2) the number and details of the disasters in which the
Office of Disaster Recovery and Resilience and permanent and
temporary personnel, including disaster teams, were involved and
deployed;
``(3) the locations and length of any deployments;
``(4) the number of personnel deployed, broken down by
category, including permanent and temporary personnel; and
``(5) a breakdown of expenses, with or without
reimbursement.''.
SEC. 2229. ESTABLISHMENT OF TECHNICAL ASSISTANCE LIAISONS.
Title V of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3191 et seq.) (as amended by section 2228) is amended by adding
at the end the following:
``SEC. 510. <<NOTE: 42 USC 3200.>> TECHNICAL ASSISTANCE LIAISONS.
``(a) In General.--A Regional Director of a regional office of the
Economic Development Administration may designate a staff member to act
as a `Technical Assistance Liaison' for any State served by the regional
office.
``(b) Role.--A Technical Assistance Liaison shall--
``(1) work in coordination with an Economic Development
Representative to provide technical assistance, in addition to
technical assistance under section 207, to eligible recipients
that are underresourced communities, as determined by the
Technical Assistance Liaison, that submit applications for
assistance under title II; and
``(2) at the request of an eligible recipient that submitted
an application for assistance under title II, provide technical
feedback on unsuccessful grant applications.
``(c) <<NOTE: Contracts.>> Technical Assistance.--The Secretary may
enter into a contract or cooperative agreement with an eligible
recipient for the purpose of providing technical assistance to eligible
recipients
[[Page 138 STAT. 3196]]
that are underresourced communities that have submitted or may submit an
application for assistance under this Act.''.
SEC. 2230. ANNUAL REPORT TO CONGRESS.
Section 603 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3213) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``areas'' after ``rural''; and
(ii) in subparagraph (B), by striking ``and''
at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4)(A) <<NOTE: List.>> include a list of all of the grants
provided by the Economic Development Administration for projects
located in, or that primarily benefit, rural areas;
``(B) an explanation of the process used to determine how
each project referred to in subparagraph (A) would benefit a
rural area; and
``(C) <<NOTE: Certification.>> a certification that each
project referred to in subparagraph (A)--
``(i) is located in a rural area; or
``(ii) will primarily benefit a rural area.''; and
(2) by adding at the end the following:
``(c) Additional Reporting.--As part of the annual report to
Congress of the Economic Development Administration, the Secretary shall
include a report on project completions and close outs for construction
awards that includes the following information on individual
construction projects:
``(1) The award date of the project.
``(2) The completion date of the project.
``(3) The close out date of the project.
``(4) The total amount of the project, including non-Federal
cost share and funding from other sources, including a breakdown
by source.
``(5) The number of jobs anticipated to be created or
retained as a result of the investment.
``(d) <<NOTE: Deadline.>> Public Availability.--Not later than the
date of the submission of the report under subsection (c), the Secretary
shall make the report under subsection (c) publicly available.
``(e) Additional Reporting Requirement.--To ensure that projects are
meeting expected timelines, not later than 1 year after the date of
enactment of the Economic Development Reauthorization Act of 2024, 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, at a minimum--
``(1) <<NOTE: Analysis.>> includes an analysis of Economic
Development Administration construction project timeline
estimates and actual project durations; and
``(2) describes the frequency with which project timelines
are delayed and the sources of those delays, including cases in
which a project scope or schedule requires an award
amendment.''.
[[Page 138 STAT. 3197]]
SEC. 2231. ECONOMIC DEVELOPMENT REPRESENTATIVES.
(a) Sense of Congress.--It is the sense of Congress that the
Economic Development Administration should continue to promote access to
economic development assistance programs of that agency through the use
of Economic Development Representatives in underresourced communities,
particularly coal communities.
(b) Economic Development Representatives.--In assigning Economic
Development Representatives, the Secretary of Commerce may take into
account the needs of coal communities.
SEC. 2232. <<NOTE: 42 USC 3211 note.>> MODERNIZATION OF
ENVIRONMENTAL REVIEWS.
(a) <<NOTE: Reports.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Commerce (referred
to in this section as 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 efforts of the Secretary to facilitate efficient, timely,
and predictable environmental reviews of projects funded by the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.),
including through expanded use of categorical exclusions or programmatic
environmental documents (as those terms are defined in section 111 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)).
(b) Requirements.--In completing the report under subsection (a),
the Secretary shall--
(1) describe the actions the Secretary will take to
implement the amendments to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the
Fiscal Responsibility Act of 2023 (Public Law 118-5; 137 Stat.
38);
(2) describe the existing categorical exclusions most
frequently used by the Secretary to streamline the environmental
review of projects funded by the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.); and
(3) consider--
(A) the adoption of additional categorical
exclusions, including those used by other Federal
agencies, that would facilitate the environmental review
of projects funded by the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.);
(B) the adoption of new programmatic environmental
documents that would facilitate the environmental review
of projects funded by the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.); and
(C) agreements with other Federal agencies that
would facilitate a more efficient process for the
environmental review of projects funded by the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3121 et seq.).
(c) <<NOTE: Deadline.>> Rulemaking.--Not later than 2 years after
the submission of the report under subsection (a), the Secretary shall
promulgate a final rule implementing, to the maximum extent practicable,
measures considered by the Secretary under subsection (b) that are
necessary to streamline the environmental review of projects funded by
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.).
[[Page 138 STAT. 3198]]
SEC. 2233. <<NOTE: Evaluations.>> GAO REPORT ON ECONOMIC
DEVELOPMENT PROGRAMS.
(a) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Regional commission.--The term ``Regional Commission''
has the meaning given the term in section 3 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3122).
(b) Report.--Not later than September 30, 2026, the Comptroller
General shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report that evaluates economic development
programs administered by the Economic Development Administration and the
Regional Commissions.
(c) Contents.--In carrying out the report under subsection (b), the
Comptroller General shall--
(1) evaluate the impact of programs described in that
subsection on economic outcomes, including job creation and
retention, the rate of unemployment and underemployment, labor
force participation, and private investment leveraged;
(2) describe efforts by the Economic Development
Administration and the Regional Commissions to document the
impact of programs described in that subsection on economic
outcomes described in paragraph (1);
(3) describe efforts by the Economic Development
Administration and the Regional Commissions to carry out
coordination activities described in section 103 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3133);
(4) <<NOTE: Assessment.>> consider other factors, as
determined to be appropriate by the Comptroller General of the
United States, to assess the effectiveness of programs described
in subsection (b); and
(5) <<NOTE: Recommenda- tions.>> make legislative
recommendations for improvements to programs described in
subsection (b) as applicable.
SEC. 2234. <<NOTE: Evaluations.>> GAO REPORT ON ECONOMIC
DEVELOPMENT ADMINISTRATION REGULATIONS
AND POLICIES.
(a) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Small community.--The term ``small community'' means a
community of less than 10,000 year-round residents.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that evaluates economic development regulations and policies
administered by the Economic Development Administration that have
hindered the ability of communities to apply for and administer Economic
Development Administration grants.
(c) Contents.--In carrying out the report under subsection (b), the
Comptroller General shall--
(1) <<NOTE: Review.>> review regulations and grant
application processes promulgated by the Assistant Secretary of
Commerce for Economic Development;
(2) evaluate the technical capacity of eligible recipients
(as defined in section 3 of the Public Works and Economic
[[Page 138 STAT. 3199]]
Development Act of 1965 (42 U.S.C. 3122)) to apply for Economic
Development Administration grants;
(3) <<NOTE: Recommenda- tions.>> provide recommendations for
improving the administration and timely disbursement of grants
awarded by the Economic Development Administration, including
for improving the communication with grantees regarding
timelines for disbursement of funds;
(4) identify barriers to small communities applying for
Economic Development Administration grants, in consultation
with--
(A) State economic development representatives;
(B) secretaries of State departments of economic
development;
(C) representatives for small communities that have
received Economic Development Administration grants; and
(D) representatives for small communities that have
never applied for Economic Development Administration
grants; and
(5) <<NOTE: Recommenda- tions. Review.>> provide
recommendations for simplifying and easing the ability for grant
applicants to navigate the Economic Development Administration
grant application process, including through a review of
regulations, including environmental regulations, not in the
jurisdiction of the Economic Development Administration to
identify possible grant application process improvements.
SEC. 2235. GAO STUDY ON RURAL COMMUNITIES.
(a) <<NOTE: Deadline. Evaluation.>> In General.--Not later than 2
years after the date of enactment of this Act, the Comptroller General
of the United States (referred to in this section as the ``Comptroller
General'') shall conduct a study to evaluate the impacts of funding
provided by the Economic Development Administration to distressed
communities (as described in section 301(a) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3161(a))) located in rural
areas.
(b) Contents.--In carrying out the study under subsection (a), the
Comptroller General shall--
(1) identify not less than 5 geographically diverse
distressed communities in rural areas; and
(2) <<NOTE: Examination.>> for each distressed community
identified under paragraph (1), examine the impacts of funding
provided by the Economic Development Administration on--
(A) the local jobs and unemployment of the
community; and
(B) the availability of affordable housing in the
community.
(c) <<NOTE: Recommenda- tions.>> Report.--On completion of the
study under subsection (a), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study and any
recommendations that result from the study.
SEC. 2236. <<NOTE: Time periods.>> GENERAL AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--Section 701 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231) is amended--
(1) by redesignating subsection (b) as subsection (k); and
[[Page 138 STAT. 3200]]
(2) by striking subsection (a) and inserting the following:
``(a) Grants for Public Works and Economic Development.--There are
authorized to be appropriated to carry out section 201, to remain
available until expended--
``(1) $170,000,000 for fiscal year 2025;
``(2) $195,000,000 for fiscal year 2026;
``(3) $220,000,000 for fiscal year 2027;
``(4) $245,000,000 for fiscal year 2028; and
``(5) $270,000,000 for fiscal year 2029.
``(b) Grants for Planning and Grants for Administrative Expenses.--
There are authorized to be appropriated to carry out section 203, to
remain available until expended--
``(1) $90,000,000 for fiscal year 2025;
``(2) $100,000,000 for fiscal year 2026;
``(3) $110,000,000 for fiscal year 2027;
``(4) $120,000,000 for fiscal year 2028; and
``(5) $130,000,000 for fiscal year 2029.
``(c) Grants for Training, Research, and Technical Assistance.--
There are authorized to be appropriated to carry out section 207, to
remain available until expended--
``(1) $25,000,000 for fiscal year 2025;
``(2) $30,000,000 for fiscal year 2026;
``(3) $35,000,000 for fiscal year 2027;
``(4) $40,000,000 for fiscal year 2028; and
``(5) $45,000,000 for fiscal year 2029.
``(d) Grants for Economic Adjustment.--There are authorized to be
appropriated to carry out section 209 (other than subsections (d) and
(e)), to remain available until expended--
``(1) $65,000,000 for fiscal year 2025;
``(2) $75,000,000 for fiscal year 2026;
``(3) $85,000,000 for fiscal year 2027;
``(4) $95,000,000 for fiscal year 2028; and
``(5) $105,000,000 for fiscal year 2029.
``(e) Assistance to Coal Communities.--There is authorized to be
appropriated to carry out section 209(d) $75,000,000 for each of fiscal
years 2025 through 2029, to remain available until expended.
``(f) Assistance to Nuclear Host Communities.--There are authorized
to be appropriated to carry out section 209(e), to remain available
until expended--
``(1) to carry out paragraph (2)(A), $35,000,000 for each of
fiscal years 2025 through 2029; and
``(2) to carry out paragraph (2)(B), $5,000,000 for each of
fiscal years 2025 through 2027.
``(g) Renewable Energy Program.--There is authorized to be
appropriated to carry out section 218 $5,000,000 for each of fiscal
years 2025 through 2029, to remain available until expended.
``(h) Workforce Training Grants.--There is authorized to be
appropriated to carry out section 219 $50,000,000 for each of fiscal
years 2025 through 2029, to remain available until expended, of which
$10,000,000 for each of fiscal years 2025 through 2029 shall be used to
carry out subsection (c) of that section.
``(i) Critical Supply Chain Site Development Grant Program.--There
is authorized to be appropriated to carry out section 222 $20,000,000
for each of fiscal years 2025 through 2029, to remain available until
expended.
[[Page 138 STAT. 3201]]
``(j) Technical Assistance Liaisons.--There is authorized to be
appropriated to carry out section 510 $5,000,000 for each of fiscal
years 2025 through 2029, to remain available until expended.''.
(b) Conforming Amendment.--Title VII of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) is <<NOTE: 42
USC 3234.>> amended by striking section 704.
SEC. 2237. TECHNICAL CORRECTION.
Section 1 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note; Public Law 89-136) is amended by striking
subsection (b) and inserting the following:
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and declarations.
``Sec. 3. Definitions.
``TITLE I--ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND
COORDINATION
``Sec. 101. Establishment of economic development partnerships.
``Sec. 102. Cooperation of Federal agencies.
``Sec. 103. Coordination.
``TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
``Sec. 201. Grants for public works and economic development.
``Sec. 202. Base closings and realignments.
``Sec. 203. Grants for planning and grants for administrative expenses.
``Sec. 204. Cost sharing.
``Sec. 205. Supplementary grants.
``Sec. 206. Regulations on relative needs and allocations.
``Sec. 207. Research and technical assistance; university centers.
``Sec. 208. Investment priorities.
``Sec. 209. Grants for economic adjustment.
``Sec. 210. Changed project circumstances.
``Sec. 211. Use of funds in projects constructed under projected cost.
``Sec. 212. Reports by recipients.
``Sec. 213. Prohibition on use of funds for attorney's and consultant's
fees.
``Sec. 214. Special impact areas.
``Sec. 215. Performance awards.
``Sec. 216. Planning performance awards.
``Sec. 217. Direct expenditure or redistribution by recipient.
``Sec. 218. Renewable energy program.
``Sec. 219. Workforce training grants.
``Sec. 220. Congressional notification requirements.
``Sec. 221. High-Speed Broadband Deployment Initiative.
``Sec. 222. Critical supply chain site development grant program.
``TITLE III--ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
``Sec. 301. Eligibility of areas.
``Sec. 302. Comprehensive economic development strategies.
``TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS
``Sec. 401. Designation of economic development districts.
``Sec. 402. Termination or modification of economic development
districts.
``Sec. 404. Provision of comprehensive economic development strategies
to Regional Commissions.
``Sec. 405. Assistance to parts of economic development districts not in
eligible areas.
``TITLE V--ADMINISTRATION
``Sec. 501. Assistant Secretary for Economic Development.
``Sec. 502. Economic development information clearinghouse.
``Sec. 503. Consultation with other persons and agencies.
``Sec. 504. Administration, operation, and maintenance.
[[Page 138 STAT. 3202]]
``Sec. 506. Performance evaluations of grant recipients.
``Sec. 507. Notification of reorganization.
``Sec. 508. Office of Tribal Economic Development.
``Sec. 509. Office of Disaster Recovery and Resilience.
``Sec. 510. Technical Assistance Liaisons.
``TITLE VI--MISCELLANEOUS
``Sec. 601. Powers of Secretary.
``Sec. 602. Maintenance of standards.
``Sec. 603. Annual report to Congress.
``Sec. 604. Delegation of functions and transfer of funds among Federal
agencies.
``Sec. 605. Penalties.
``Sec. 606. Employment of expediters and administrative employees.
``Sec. 607. Maintenance and public inspection of list of approved
applications for financial assistance.
``Sec. 608. Records and audits.
``Sec. 609. Relationship to assistance under other law.
``Sec. 610. Acceptance of certifications by applicants.
``Sec. 611. Brownfields redevelopment reports.
``Sec. 612. Savings clause.
``TITLE VII--FUNDING
``Sec. 701. General authorization of appropriations.
``Sec. 702. Authorization of appropriations for defense conversation
activities.
``Sec. 703. Authorization of appropriations for disaster economic
recovery activities.''.
Subtitle B--Regional Economic and Infrastructure Development
SEC. 2241. REGIONAL COMMISSION AUTHORIZATIONS.
Section 15751 of title 40, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to each
Commission to carry out this subtitle $40,000,000 for each of fiscal
years 2025 through 2029.''.
SEC. 2242. REGIONAL COMMISSION MODIFICATIONS.
(a) Membership of Commissions.--Section 15301 of title 40, United
States Code, is amended--
(1) in subsection (b)(2)(C)--
(A) by striking ``An alternate member'' and
inserting the following:
``(i) In general.--An alternate member''; and
(B) by adding at the end the following:
``(ii) <<NOTE: Notification. Deadline.>> State
alternates.--If the alternate State member is
unable to vote in accordance with clause (i), the
alternate State member may delegate voting
authority to a designee, subject to the condition
that the executive director shall be notified, in
writing, of the designation not less than 1 week
before the applicable vote is to take place.'';
and
(2) in subsection (f), by striking ``a Federal employee''
and inserting ``an employee''.
(b) Decisions of Commissions.--Section 15302 of title 40, United
States Code, is amended--
(1) in subsection (a), by inserting ``or alternate State
members, including designees'' after ``State members''; and
(2) by striking subsection (c) and inserting the following:
``(c) Quorums.--
[[Page 138 STAT. 3203]]
``(1) <<NOTE: Determination.>> In general.--Subject to
paragraph (2), a Commission shall determine what constitutes a
quorum for meetings of the Commission.
``(2) Requirements.--Any quorum for meetings of a Commission
shall include--
``(A) the Federal Cochairperson or the alternate
Federal Cochairperson; and
``(B) a majority of State members or alternate State
members, including designees (exclusive of members
representing States delinquent under section
15304(c)(3)(C)).''.
(c) Administrative Powers and Expenses of Commissions.--Section
15304(a) of title 40, United States Code, is amended--
(1) in paragraph (5), by inserting ``, which may be done
without a requirement for the Commission to reimburse the agency
or local government'' after ``status'';
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively;
(3) by inserting after paragraph (7) the following:
``(8) collect fees for services provided and retain and
expend such fees;''; and
(4) in paragraph (10) (as so redesignated), by striking
``maintain a government relations office in the District of
Columbia and''.
(d) Meetings of Commissions.--Section 15305(b) of title 40, United
States Code, is amended by striking ``with the Federal Cochairperson''
and all that follows through the period at the end and inserting the
following: ``with--
``(1) the Federal Cochairperson; and
``(2) at least a majority of the State members or alternate
State members (including designees) present in-person or via
electronic means.''.
(e) Annual Reports.--Section 15308(a) of title 40, United States
Code, is amended by striking ``90'' and inserting ``180''.
SEC. 2243. TRANSFER OF FUNDS AMONG FEDERAL AGENCIES.
(a) In General.--Chapter 153 of subtitle V of title 40, United
States Code, is amended--
(1) by redesignating section 15308 as section 15309; and
(2) by inserting after section 15307 the following:
``Sec. 15308. <<NOTE: 40 USC 15308.>> Transfer of funds among
Federal agencies
``(a) In General.--Subject to subsection (c), for purposes of this
subtitle, each Commission may transfer funds to and accept transfers of
funds from other Federal agencies.
``(b) Transfer of Funds to Other Federal Agencies.--Funds made
available to a Commission may be transferred to other Federal agencies
if the funds are used consistently with the purposes for which the funds
were specifically authorized and appropriated.
``(c) Transfer of Funds From Other Federal Agencies.--Funds may be
transferred to any Commission under this section if--
``(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of funds for
authorities being carried out by a Commission; and
``(2) the Federal agency that provides the funds determines
that the activities for which the funds are to be used are
[[Page 138 STAT. 3204]]
otherwise eligible for funding under such a statutory
authority.''.
(b) Clerical Amendment.--The analysis for chapter 153 of subtitle V
of title 40, United States Code, <<NOTE: 40 USC prec. 15301.>> is
amended by striking the item relating to section 15308 and inserting the
following:
``15308. Transfer of funds among Federal agencies.
``15309. Annual reports.''.
SEC. 2244. FINANCIAL ASSISTANCE.
(a) In General.--Chapter 155 of subtitle V of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 15507. <<NOTE: 40 USC 15507.>> Payment of non-Federal share
for certain Federal grant programs
``Amounts made available to carry out this subtitle shall be
available for the payment of the non-Federal share for any project
carried out under another Federal grant program--
``(1) for which a Commission is not the sole or primary
funding source; and
``(2) that is consistent with the authorities of the
applicable Commission.''.
(b) Clerical Amendment.--The analysis for chapter 155 of subtitle V
of title 40, United States Code, <<NOTE: 40 USC prec. 15501.>> is
amended by adding at the end the following:
``15507. Payment of non-Federal share for certain Federal grant
programs.''.
SEC. 2245. NORTHERN BORDER REGIONAL COMMISSION AREA.
Section 15733 of title 40, United States Code, is amended--
(1) in paragraph (1), by inserting ``Lincoln,'' after
``Knox,'';
(2) in paragraph (2), by inserting ``Merrimack,'' after
``Grafton,''; and
(3) in paragraph (3)--
(A) by inserting ``Schoharie,'' after
``Schenectady,''; and
(B) by inserting ``Wyoming,'' after ``Wayne,''.
SEC. 2246. SOUTHWEST BORDER REGIONAL COMMISSION AREA.
Section 15732 of title 40, United States Code, is amended--
(1) in paragraph (3)--
(A) by inserting ``Bernalillo,'' before ``Catron,'';
(B) by inserting ``Cibola, Curry, De Baca,'' after
``Chaves,'';
(C) by inserting ``Guadalupe,'' after ``Grant,'';
(D) by inserting ``Lea,'' after ``Hidalgo,'';
(E) by inserting ``Roosevelt,'' after ``Otero,'';
and
(F) by striking ``and Socorro'' and inserting
``Socorro, Torrance, and Valencia''; and
(2) in paragraph (4)--
(A) by inserting ``Guadalupe,'' after
``Glasscock,''; and
(B) by striking ``Tom Green Upton,'' and inserting
``Tom Green, Upton,''.
SEC. 2247. GREAT LAKES AUTHORITY AREA.
Section 15734 of title 40, United States Code, is amended, in the
matter preceding paragraph (1), by inserting ``the counties which
contain, in part or in whole, the'' after ``consist of''.
[[Page 138 STAT. 3205]]
SEC. 2248. ADDITIONAL REGIONAL COMMISSION PROGRAMS.
(a) In General.--Subtitle V of title 40, United States Code, is
amended by adding at the end the following:
``CHAPTER 159-- <<NOTE: 40 USC prec. 15901.>> ADDITIONAL REGIONAL
COMMISSION PROGRAMS
``Sec.
``15901. State capacity building grant program.
``15902. Demonstration health projects.
``Sec. 15901. <<NOTE: 40 USC 15901.>> State capacity building
grant program
``(a) Definitions.--In this section:
``(1) Commission state.--The term `Commission State' means a
State that contains 1 or more eligible counties.
``(2) Eligible county.--The term `eligible county' means a
county described in subchapter II of chapter 157.
``(3) Program.--The term `program' means a State capacity
building grant program established by a Commission under
subsection (b).
``(b) Establishment.--Each Commission shall establish a State
capacity building grant program to provide grants to Commission States
in the area served by the Commission for the purposes described in
subsection (c).
``(c) Purposes.--The purposes of a program are to support the
efforts of the Commission--
``(1) to better support business retention and expansion in
eligible counties;
``(2) to create programs to encourage job creation and
workforce development in eligible counties, including projects
and activities, in coordination with other relevant Federal
agencies, to strengthen the water sector workforce and
facilitate the sharing of best practices;
``(3) to partner with universities in distressed counties
(as designated under section 15702(a)(1))--
``(A) to strengthen the capacity in eligible
counties to train new professionals in fields for which
there is a shortage of workers;
``(B) to increase local capacity in eligible
counties for project management, project execution, and
financial management; and
``(C) to leverage funding sources for eligible
counties;
``(4) to prepare economic and infrastructure plans for
eligible counties;
``(5) to expand access to high-speed broadband in eligible
counties;
``(6) to provide technical assistance that results in
Commission investments in transportation, water, wastewater, and
other critical infrastructure;
``(7) to promote workforce development in eligible counties
to support resilient infrastructure projects;
``(8) to develop initiatives to increase the effectiveness
of local development districts in eligible counties; and
``(9) to implement new or innovative economic development
practices that will better position eligible counties to compete
in the global economy.
``(d) Use of Funds.--
[[Page 138 STAT. 3206]]
``(1) In general.--Funds from a grant under a program may be
used to support a project, program, or related expense of the
Commission State in an eligible county.
``(2) Limitation.--Funds from a grant under a program shall
not be used for--
``(A) the purchase of furniture, fixtures, or
equipment;
``(B) the compensation of--
``(i) any State member of the Commission (as
described in section 15301(b)(1)(B)); or
``(ii) any State alternate member of the
Commission (as described in section
15301(b)(2)(B)); or
``(C) the cost of supplanting existing State
programs.
``(e) Annual Work Plan.--
``(1) In general.--For each fiscal year, before providing a
grant under a program, each Commission State shall provide to
the Commission an annual work plan that includes the proposed
use of the grant.
``(2) Approval.--No grant under a program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
``(f) Amount of Grant.--
``(1) In general.--The amount of a grant provided to a
Commission State under a program for a fiscal year shall be
based on the proportion that--
``(A) the amount paid by the Commission State
(including any amounts paid on behalf of the Commission
State by a nonprofit organization) for administrative
expenses for the applicable fiscal year (as determined
under section 15304(c)); bears to
``(B) the amount paid by all Commission States
served by the Commission (including any amounts paid on
behalf of a Commission State by a nonprofit
organization) for administrative expenses for that
fiscal year (as determined under that section).
``(2) Requirement.--To be eligible to receive a grant under
a program for a fiscal year, a Commission State (or a nonprofit
organization on behalf of the Commission State) shall pay the
amount of administrative expenses of the Commission State for
the applicable fiscal year (as determined under section
15304(c)).
``(3) Approval.--For each fiscal year, a grant provided
under a program shall be approved and made available as part of
the approval of the annual budget of the Commission.
``(g) Grant Availability.--Funds from a grant under a program shall
be available only during the fiscal year for which the grant is
provided.
``(h) <<NOTE: Public information.>> Report.--Each fiscal year, each
Commission State shall submit to the relevant Commission and make
publicly available a report that describes the use of the grant funds
and the impact of the program in the Commission State.
``(i) Continuation of Program Authority for Northern Border Regional
Commission.--With respect to the Northern Border Regional Commission,
the program shall be a continuation of the program under section 6304(c)
of the Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public
Law 115-334) (as in effect on the day before the date of enactment of
this section).
[[Page 138 STAT. 3207]]
``Sec. 15902. <<NOTE: Grants. 40 USC 15902.>> Demonstration health
projects
``(a) Purpose.--To demonstrate the value of adequate health
facilities and services to the economic development of the region, a
Commission may make grants for the planning, construction, equipment,
and operation of demonstration health, nutrition, and child care
projects to serve distressed areas (referred to in this section as a
`demonstration health project'), including hospitals, regional health
diagnostic and treatment centers, and other facilities and services
necessary for the purposes of this section.
``(b) Eligible Entities.--An entity eligible to receive a grant
under this section is--
``(1) an entity described in section 15501(a);
``(2) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(3) a hospital (as defined in section 1861 of the Social
Security Act (42 U.S.C. 1395x)); or
``(4) a critical access hospital (as defined in that
section).
``(c) Planning Grants.--
``(1) In general.--A Commission may make grants for planning
expenses necessary for the development and operation of
demonstration health projects for the region served by the
Commission.
``(2) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project that
receives a grant under paragraph (1) shall be made in accordance
with section 15501(d).
``(3) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided under
other Federal grant programs.
``(4) Federal share for grants under other federal grant
programs.--Notwithstanding any provision of law limiting the
Federal share in other Federal grant programs, amounts made
available to carry out this subsection may be used to increase
the Federal share of another Federal grant up to the maximum
contribution described in paragraph (2).
``(d) Construction and Equipment Grants.--
``(1) In general.--A grant under this section for
construction or equipment of a demonstration health project may
be used for--
``(A) costs of construction;
``(B) the acquisition of privately owned
facilities--
``(i) not operated for profit; or
``(ii) previously operated for profit if the
Commission finds that health services would not
otherwise be provided in the area served by the
facility if the acquisition is not made; and
``(C) the acquisition of initial equipment.
``(2) Standards for making grants.--A grant under paragraph
(1)--
``(A) shall be approved in accordance with section
15503; and
``(B) shall not be incompatible with the applicable
provisions of title VI of the Public Health Service Act
(42 U.S.C. 291 et seq.), the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15001 et seq.), and other laws authorizing grants for
the construction of health-
[[Page 138 STAT. 3208]]
related facilities, without regard to any provisions in
those laws relating to appropriation authorization
ceilings or to allotments among the States.
``(3) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project that
receives a grant under paragraph (1) shall be made in accordance
with section 15501(d).
``(4) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided under
other Federal grant programs.
``(5) Contribution to increased federal share for other
federal grants.--Notwithstanding any provision of law limiting
the Federal share in another Federal grant program for the
construction or equipment of a demonstration health project,
amounts made available to carry out this subsection may be used
to increase Federal grants for component facilities of a
demonstration health project to a maximum of 90 percent of the
cost of the facilities.
``(e) Operation Grants.--
``(1) In general.--A grant under this section for the
operation of a demonstration health project may be used for--
``(A) the costs of operation of the facility; and
``(B) initial operating costs, including the costs
of attracting, training, and retaining qualified
personnel.
``(2) Standards for making grants.--A grant for the
operation of a demonstration health project shall not be made
unless the facility funded by the grant is--
``(A) publicly owned;
``(B) owned by a public or private nonprofit
organization;
``(C) a private hospital described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
or
``(D) a private hospital that provides a certain
amount of uncompensated care, as determined by the
Commission, and applies for the grant in partnership
with a State, local government, or Indian Tribe.
``(3) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project that
receives a grant under paragraph (1) shall be made in accordance
with section 15501(d).
``(4) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided under
other Federal grant programs for the operation of health-related
facilities or the provision of health and child development
services, including parts A and B of title IV and title XX of
the Social Security Act (42 U.S.C. 601 et seq., 621 et seq.,
1397 et seq.).
``(5) Federal share.--Notwithstanding any provision of law
limiting the Federal share in the other Federal programs
described in paragraph (4), amounts made available to carry out
this subsection may be used to increase the Federal share of a
grant under those programs up to the maximum contribution
described in paragraph (3).
[[Page 138 STAT. 3209]]
``(f) Priority Health Programs.--If a Commission elects to make
grants under this section, the Commission shall establish specific
regional health priorities for such grants that address--
``(1) addiction treatment and access to resources helping
individuals in recovery;
``(2) workforce shortages in the healthcare industry; or
``(3) access to services for screening and diagnosing
chronic health issues.''.
(b) Repeal.--Section 6304(c) of the Agriculture Improvement Act of
2018 (40 U.S.C. 15501 note; Public Law 115-334) is repealed.
(c) Clerical Amendment.--The table of chapters for subtitle V of
title 40, United States Code, <<NOTE: 40 USC prec. 15101.>> is amended
by inserting after the item relating to chapter 157 the following:
``159. Additional Regional Commission Programs.................15901''.
SEC. 2249. ESTABLISHMENT OF MID-ATLANTIC REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
``(5) The Mid-Atlantic Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 15735. <<NOTE: 40 USC 15735.>> Mid-Atlantic Regional
Commission.
``The region of the Mid-Atlantic Regional Commission shall include
the following counties:
``(1) Delaware.--Each county in the State of Delaware.
``(2) Maryland.--Each county in the State of Maryland that
is not already served by the Appalachian Regional Commission.
``(3) Pennsylvania.--Each county in the Commonwealth of
Pennsylvania that is not already served by the Appalachian
Regional Commission.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code, <<NOTE: 40
USC prec. 15701.>> is amended by adding at the end the
following:
``15735. Mid-Atlantic Regional Commission.''.
(c) Application.--Section 15702(c) of title 40, United States Code,
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Application.--Paragraph (2) shall not apply to a
county described in paragraph (2) or (3) of section 15735.''.
SEC. 2250. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL
COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United States Code
(as amended by section 2249(a)), is amended by adding at the end the
following:
``(6) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code (as amended by section 2249(b)(1)), is
amended by adding at the end the following:
[[Page 138 STAT. 3210]]
``Sec. 15736. <<NOTE: 40 USC 15736.>> Southern New England
Regional Commission
``The region of the Southern New England Regional Commission shall
include the following counties:
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, Middlesex, New
Haven, New London, Tolland, and Windham in the State of
Connecticut.
``(3) Massachusetts.--Each county in the Commonwealth of
Massachusetts.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code (as amended by
section 2249(b)(2)), <<NOTE: 40 USC prec. 15701.>> is amended by
adding at the end the following:
``15736. Southern New England Regional Commission.''.
(c) Application.--Section 15702(c)(3) of title 40, United States
Code (as amended by section 2249(c)), is amended--
(1) by striking the period at the end and inserting ``;
or'';
(2) by striking ``to a county'' and inserting the following:
``to--
``(A) a county''; and
(3) by adding at the end the following:
``(B) the Southern New England Regional
Commission.''.
SEC. 2251. DENALI COMMISSION REAUTHORIZATION.
(a) <<NOTE: Time periods.>> Reauthorization.--Section 312(a) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277)
is amended by striking ``$15,000,000 for each of fiscal years 2017
through 2021'' and inserting ``$35,000,000 for each of fiscal years 2025
through 2029''.
(b) Powers of the Commission.--Section 305 of the Denali Commission
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in subsection (d), in the first sentence, by inserting
``enter into leases (including the lease of office space for any
term),'' after ``award grants,''; and
(2) by adding at the end the following:
``(e) Use of Funds Toward Non-Federal Share of Certain Projects.--
Notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, the Commission
may use amounts made available to the Commission for the payment of such
a non-Federal share for programs undertaken to carry out the purposes of
the Commission.''.
(c) Special Functions of the Commission.--Section 307 of the Denali
Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105-277) is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively; and
(3) in subsection (c) (as so redesignated), by inserting ``,
including interagency transfers,'' after ``payments''.
(d) Conforming Amendment.--Section 309(c)(1) of the Denali
Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105-277) is
amended by inserting ``of Transportation'' after ``Secretary''.
[[Page 138 STAT. 3211]]
SEC. <<NOTE: 42 USC 3121 note.>> 2252. DENALI HOUSING FUND.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization;
(B) a limited dividend organization;
(C) a cooperative organization;
(D) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); and
(E) a public entity, such as a municipality, county,
district, authority, or other political subdivision of a
State.
(2) Federal cochair.--The term ``Federal Cochair'' means the
Federal Cochairperson of the Denali Commission.
(3) Fund.--The term ``Fund'' means the Denali Housing Fund
established under subsection (b)(1).
(4) Low-income.--The term ``low-income'', with respect to a
household means that the household income is less than 150
percent of the Federal poverty level for the State of Alaska.
(5) Moderate-income.--The term ``moderate-income'', with
respect to a household, means that the household income is less
than 250 percent of the Federal poverty level for the State of
Alaska.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Denali Housing Fund.--
(1) Establishment.--There shall be established in the
Treasury of the United States the Denali Housing Fund, to be
administered by the Federal Cochair.
(2) Source and use of amounts in fund.--
(A) In general.--Amounts allocated to the Federal
Cochair for the purpose of carrying out this section
shall be deposited in the Fund.
(B) Uses.--The Federal Cochair shall use the Fund as
a revolving fund to carry out the purposes of this
section.
(C) Investment.--The Federal Cochair may invest
amounts in the Fund that are not necessary for
operational expenses in bonds or other obligations, the
principal and interest of which are guaranteed by the
Federal Government.
(D) General expenses.--The Federal Cochair may
charge the general expenses of carrying out this section
to the Fund.
(3) <<NOTE: Time periods.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Fund $5,000,000 for each of fiscal years 2025 through 2029.
(c) Purposes.--The purposes of this section are--
(1) to encourage and facilitate the construction or
rehabilitation of housing to meet the needs of low-income
households and moderate-income households; and
(2) to provide housing for public employees.
(d) Loans and Grants.--
(1) In general.--The Federal Cochair may provide grants and
loans from the Fund to eligible entities under such terms and
conditions the Federal Cochair may prescribe.
(2) Purpose.--The purpose of a grant or loan under paragraph
(1) shall be for planning and obtaining federally insured
mortgage financing or other financial assistance for housing
[[Page 138 STAT. 3212]]
construction or rehabilitation projects for low-income and
moderate-income households in rural Alaska villages.
(e) <<NOTE: Alaska.>> Providing Amounts to States for Grants and
Loans.--The Federal Cochair may provide amounts to the State of Alaska,
or political subdivisions thereof, for making the grants and loans
described in subsection (d).
(f) Loans.--
(1) Limitation on available amounts.--A loan under
subsection (d) for the cost of planning and obtaining financing
(including the cost of preliminary surveys and analyses of
market needs, preliminary site engineering and architectural
fees, site options, application and mortgage commitment fees,
legal fees, and construction loan fees and discounts) of a
project described in that subsection may be for not more than 90
percent of that cost.
(2) Interest.--A loan under subsection (d) shall be made
without interest, except that a loan made to an eligible entity
established for profit shall bear interest at the prevailing
market rate authorized for an insured or guaranteed loan for
that type of project.
(3) Payment.--
(A) In general.--The Federal Cochair shall require
payment of a loan made under this section under terms
and conditions the Secretary may require by not later
than the date of completion of the project.
(B) <<NOTE: Determination.>> Cancellation.--For a
loan other than a loan to an eligible entity established
for profit, the Secretary may cancel any part of the
debt with respect to a loan made under subsection (d) if
the Secretary determines that a permanent loan to
finance the project cannot be obtained in an amount
adequate for repayment of a loan made under subsection
(d).
(g) Grants.--
(1) In general.--A grant under this section for expenses
incidental to planning and obtaining financing for a project
described in this section that the Federal Cochair considers
unrecoverable from the proceeds of a permanent loan made to
finance the project--
(A) may not be made to an eligible entity
established for profit; and
(B) may not exceed 90 percent of those expenses.
(2) Site development costs and offsite improvements.--
(A) In general.--The Federal Cochair may make grants
and commitments for grants under terms and conditions
the Federal Cochair may require to eligible entities for
reasonable site development costs and necessary offsite
improvements, such as sewer and water line extensions,
if the grant or commitment--
(i) is essential to ensuring that housing is
constructed on the site in the future; and
(ii) otherwise meets the requirements for
assistance under this section.
(B) Maximum amounts.--The amount of a grant under
this paragraph may not--
(i) with respect to the construction of
housing, exceed 40 percent of the cost of the
construction; and
[[Page 138 STAT. 3213]]
(ii) <<NOTE: Determination.>> with respect to
the rehabilitation of housing, exceed 10 percent
of the reasonable value of the rehabilitation, as
determined by the Federal Cochair.
(h) <<NOTE: Alaska.>> Information, Advice, and Technical
Assistance.--The Federal Cochair may provide, or contract with public or
private organizations to provide, information, advice, and technical
assistance with respect to the construction, rehabilitation, and
operation by nonprofit organizations of housing for low-income or
moderate-income households, or for public employees, in rural Alaska
villages under this section.
SEC. 2253. DELTA REGIONAL AUTHORITY REAUTHORIZATION.
(a) <<NOTE: Time periods.>> Authorization of Appropriations.--
Section 382M(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009aa-12(a)) is amended by striking ``$30,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$40,000,000 for each of
fiscal years 2025 through 2029''.
(b) Termination of Authority.--Section 382N of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009aa-13) is repealed.
(c) Fees.--Section 382B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(e)) is amended--
(1) in paragraph (9)(C), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) collect fees for the Delta Doctors program of the
Authority and retain and expend those fees.''.
(d) Succession.--Section 382B(h)(5)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009aa-1(h)(5)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) assuming the duties of the Federal
cochairperson and the alternate Federal
cochairperson for purposes of continuation of
normal operations in the event that both positions
are vacant; and''.
(e) Indian Tribes.--Section 382C(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009aa-2(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
Indian Tribes,'' after ``States''; and
(2) in paragraph (1), by inserting ``, Tribal,'' after
``State''.
(f) Clarification.--Section 4(2)(D) of the Delta Development Act (42
U.S.C. 3121 note; Public Law 100-460) is amended by inserting ``Sabine,
Vernon, Terrebonne,'' after ``Webster,''.
SEC. 2254. NORTHERN GREAT PLAINS REGIONAL AUTHORITY
REAUTHORIZATION.
(a) <<NOTE: Time periods.>> Authorization of Appropriations.--
Section 383N(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009bb-12(a)) is amended by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$40,000,000 for each of
fiscal years 2025 through 2029''.
(b) <<NOTE: Repeal.>> Termination of Authority.--Section 383O of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-13) is
repealed.
[[Page 138 STAT. 3214]]
TITLE III--PUBLIC BUILDINGS REFORMS
SEC. 2301. AMENDMENTS TO THE FEDERAL ASSETS SALE AND TRANSFER ACT
OF 2016.
(a) Purposes.--Section 2 of the Federal Assets Sale and Transfer Act
of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) implementing innovative methods for the sale,
redevelopment, consolidation, or lease of Federal buildings and
facilities, including the use of no cost, nonappropriated
contracts for expert real estate services to obtain the highest
and best value for the taxpayer.''.
(b) Definitions.--Section 3(5)(B)(viii) of the Federal Assets Sale
and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended by inserting ``, other than office buildings and warehouses,''
after ``Properties''.
(c) Board.--Section 4(c)(3) of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), the
term''; and
(2) by adding at the end the following:
``(B) <<NOTE: Time period.>> Limitation.--
Notwithstanding subparagraph (A), the term of a member
of the Board shall continue beyond 6 years until such
time as the President appoints a replacement member of
the Board.''.
(d) Board Meetings.--Section 5(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended by striking ``Five Board members'' and inserting ``4 Board
members''.
(e) Executive Director.--Section 7 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended by adding at the end the following:
``(c) Return to Civil Service.--An Executive Director selected from
the civil service (as defined in section 2101 of title 5, United States
Code) shall be entitled to return to the civil service (as so defined)
after service to the Board ends if the service of the Executive Director
to the Board ends for reasons other than misconduct, neglect of duty, or
malfeasance.''.
(f) Staff.--Section 8 of the Federal Assets Sale and Transfer Act of
2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended--
(1) in subsection (b)--
(A) by striking ``and the Director of OMB''; and
(B) by inserting ``for a period of not less than 1
year'' before ``to assist the Board'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) <<NOTE: Time period.>> Hiring of Term Employees.--The
Executive Director, with approval of the Board, may use the Office of
Personnel Management to hire employees for terms not to exceed 2 years
pursuant to
[[Page 138 STAT. 3215]]
the Office of Personnel Management guidance for nonstatus appointments
in the competitive service.''.
(g) Termination.--Section 10 of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended by
striking ``6 years after the date on which the Board members are
appointed pursuant to section 4'' and inserting ``on December 31,
2026''.
(h) Development of Recommendations to Board.--Section 11 of the
Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note;
Public Law 114-287) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``the Administrator and the Director of OMB''
and inserting ``the Administrator, the Director of OMB,
and the Board'';
(B) in paragraph (1)--
(i) by striking ``and square'' and inserting
``number of Federal employees physically reporting
to the respective property each work day,
square''; and
(ii) by inserting ``, amount of acreage
associated with the respective property, and
whether the respective property is on a campus or
larger facility'' before the period at the end;
and
(C) by adding at the end the following:
``(3) Consolidation plans.--Any Federal agency plans to
consolidate, reconfigure, or otherwise reduce the use of owned
and leased Federal civilian real property of the Federal
agency.'';
(2) in subsection (b)(3)(J), by inserting ``, including
access by members of federally recognized Indian Tribes,'' after
``public access''; and
(3) by adding at the end the following:
``(e) Disclosure of Information.--
``(1) <<NOTE: Contracts.>> In general.--Except as provided
in paragraph (2), the Board may not publicly disclose any
information received under paragraph (2) or (3) of subsection
(a) until the Board, the Administrator, and the Director of OMB
enter into an agreement describing what information is ready to
be publicly disclosed.
``(2) Application.--Paragraph (1) shall not apply to any
disclosure of information to the Committee on Environment and
Public Works of the Senate or the Committee on Transportation
and Infrastructure of the House of Representatives.''.
(i) Board Duties.--Section 12 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended--
(1) <<NOTE: Notification.>> in subsection (b)(2), by
striking the second sentence and inserting the following: ``In
the case of a failure by a Federal agency to comply with a
request of the Board, the Board shall notify the committees
listed in section 5(c), the relevant congressional committees of
jurisdiction for the Federal agency, and the inspector general
of the Federal agency of that failure.'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``, Tribal,''
after ``State''; and
(B) in paragraph (2), by inserting ``, Tribal,''
after ``State'';
[[Page 138 STAT. 3216]]
(3) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively;
(4) by inserting after subsection (c) the following:
``(d) <<NOTE: Analyses.>> Preparation of Properties for Disposal.--
At the request of, and in coordination with, the Board, a Federal agency
may undertake any analyses and due diligence as necessary, to supplement
the independent analysis of the Board under subsection (c), to prepare a
property for disposition so that the property may be included in the
recommendations of the Board under subsection (h), including completion
of the requirements of section 306108 of title 54, United States Code,
for historic preservation and identification of the likely highest and
best use of the property subsequent to disposition.'';
(5) in subsection (h) (as so redesignated)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A) the
following:
``(B) the process to be followed by Federal agencies
to carry out the actions described in subparagraph (A),
including the use of no cost, nonappropriated contracts
for expert real estate services and other innovative
methods, to obtain the highest and best value for the
taxpayer; and''; and
(B) in paragraph (2), by adding at the end the
following:
``(C) <<NOTE: Time period. Reports.>> Third round.--
During the period beginning on the day after the
transmittal of the second report and ending on the day
before the date on which the Board terminates under
section 10, the Board shall transmit to the Director of
OMB a third report required under paragraph (1).''; and
(C) by adding at the end the following:
``(4) <<NOTE: Time period. Recommenda- tions.>> Community
notification.--45 days before the date on which the Board
transmits the third report required under paragraph (1), the
Board shall notify--
``(A) any State or local government of any findings,
conclusions, or recommendations contained in that report
that relate to a Federal civilian real property located
in the State or locality, as applicable; and
``(B) any federally recognized Indian Tribe of any
findings, conclusions, or recommendations contained in
that report that relate to a Federal civilian real
property that--
``(i) is in close geographic proximity to a
property described in section 3(5)(B)(v); or
``(ii) relates to a Federal civilian real
property that is known to be accessed at regular
frequency by members of the federally recognized
Indian Tribe for other reasons.''; and
(6) by adding at the end the following:
``(k) <<NOTE: Recommenda- tions.>> Report to Congress.--The Board
shall periodically submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report containing any
recommendations on consolidations, exchanges, sales, lease reductions,
[[Page 138 STAT. 3217]]
and redevelopments that are not included in the transmissions submitted
under subsection (h), or approved by the Director of OMB under section
13, but that the majority of the Board concludes meets the goals of this
Act.''.
(j) Review by OMB.--Section 13 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended--
(1) in subsection (a), by striking ``subsections (b) and
(g)'' and inserting ``subsections (b) and (h)''; and
(2) in subsection (c)(4)--
(A) by inserting ``, in whole or in part,'' before
``received under paragraph (3)''; and
(B) by striking ``revised'' the second place it
appears.
(k) Agency Retention of Records.--Section 20 of the Federal Assets
Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287)
is amended by striking subsection (b) and inserting the following:
``(b) <<NOTE: Applicability.>> Effective Date.--The provisions of
this section, including the amendments made by this section, shall take
effect on the date on which the Board transmits the second report under
section 12(h)(2)(B) and shall apply to proceeds from--
``(1) transactions contained in that report; and
``(2) any transactions conducted after the date on which the
Board terminates under section 10.''.
(l) Federal Real Property Database.--Section 21(b) of the Federal
Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law
114-287) is amended by adding at the end the following:
``(9)(A) Whether the Federal real property is on a campus or
similar facility; and
``(B) if applicable, identification of the campus or
facility and related details, including total acreage of the
campus or facility.''.
(m) Access to Federal Real Property Council Meetings and Reports.--
(1) In general.--The Federal Assets Sale and Transfer Act of
2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended by
adding at the end the following:
``SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS AND
REPORTS.
``(a) <<NOTE: Memorandum.>> In General.--The Federal Real Property
Council established by subsection (a) of section 623 of title 40, United
States Code, shall ensure that the Board has access to any meetings of
the Federal Real Property Council and any reports required under that
section, subject to the condition that the Board enters into a
memorandum of understanding relating to public disclosure with the
Administrator and the Federal Real Property Council before the Board has
access to those meetings and reports.
``(b) <<NOTE: Deadline. Time period.>> Notification.--The Board
shall notify the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives if the Administrator and the Federal Real Property
Council described in subsection (a) have not entered into a memorandum
of understanding pursuant to that subsection by the date that is 60 days
after the date of enactment of this section, and every
[[Page 138 STAT. 3218]]
60 days thereafter until the memorandum of understanding is entered
into.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287; 130 Stat. 1463) is amended by inserting after the
item relating to section 25 the following:
``Sec. 26. Access to Federal Real Property Council meetings and
reports.''.
(n) Conforming Amendments.--
(1) Section 3(9) of the Federal Assets Sale and Transfer Act
of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended by
striking ``section 12(e)'' and inserting ``section 12(f)''.
(2) Section 14(g)(1)(A) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287)
is amended by striking ``section 12(g)'' and inserting ``section
12(h)''.
(o) Technical Amendments.--
(1) Section 16(b)(1) of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is
amended, in the second sentence, by striking ``of General
Services''.
(2) Section 21(a) of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended
by striking ``of General Services''.
(3) Section 24 of the Federal Assets Sale and Transfer Act
of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended, in
each of subsections (a), (b), and (c), by striking ``of General
Services''.
(4) Section 25(b) of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended
by striking ``of General Services''.
SEC. 2302. <<NOTE: Deadlines. 40 USC 584 note.>> UTILIZING SPACE
EFFICIENTLY AND IMPROVING TECHNOLOGIES
ACT.
(a) Definitions.--In this section:
(1) Actual utilization rate.--The term ``actual utilization
rate'' means the total usable square footage of a public
building or federally-leased space divided by the occupancy.
(2) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(3) Building utilization.--The term ``building utilization''
means the percentage of utilization generated by comparing the
actual utilization rate with the capacity based on a utilization
benchmark of 150 useable square feet per person.
(4) Capacity.--The term ``capacity'' means the total usable
square footage of a public building or federally-leased space
divided by a utilization benchmark.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Federal agency.--The term ``Federal agency'' means an
executive department covered by the Chief Financial Officers Act
of 1990 (Public Law 101-576; 104 Stat. 2838).
(7) Occupancy.--The term ``occupancy'' means the average
number of employees actually performing duties in person in a
public building or federally-leased space at least 40 hours per
week over a 2-month period.
[[Page 138 STAT. 3219]]
(8) Public building.--The term ``public building'' has the
meaning given the term in section 3301(a) of title 40, United
States Code.
(b) Identification and Deployment of Building Usage Technology.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator, in coordination with
the Director, shall establish standard methodologies and
identify technologies available for measuring occupancy in
public buildings and federally-leased space.
(2) <<NOTE: Data.>> Measurement of utilization.--Not later
than 180 days after the date of enactment of this Act, the heads
of Federal agencies shall work with the Administrator to
identify, deploy, and use Personal Identity Verification badge
swipe data isolating only the first credential use of the day
for each cardholder and other technologies that the
Administrator determines to be appropriate, such as sensors, in
public buildings and federally-leased space where the Federal
agency occupies space to measure the occupancy of public
buildings and federally-leased space.
(3) Protection of personally identifiable information.--In
carrying out paragraph (2), the Administrator shall ensure any
sensors used for the purposes of determining occupancy are
designed to protect of all personally identifiable information.
(c) Reporting on Usage of Real Property.--
(1) <<NOTE: Time period.>> In general.--Not later than 1
year after the date of enactment of this Act, and annually
thereafter, the heads of Federal agencies shall submit to the
Director, the Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the Committees
on Appropriations of the House of Representatives and the Senate
a report on--
(A) the occupancy and the actual utilization rates
of space in public buildings and federally-leased space
occupied by the respective agency of the Federal agency
head broken down by building and lease;
(B) the methodology used for determining occupancy,
including the period of time and other parameters used
to determine occupancy on a regular basis;
(C) the utilization percentage of each public
building and federally-leased space by the respective
agency of the Federal agency head, comparing the
capacity to the actual utilization rate based on a
utilization benchmark of 150 usable square feet per
person; and
(D) <<NOTE: Costs.>> any costs associated with
capacity that exceeds occupancy with respect to the
respective agency of the Federal agency head.
(2) Publishing requirement.--
(A) <<NOTE: Public information. Web posting.>> In
general.--Except as provided in subparagraph (B), the
heads of Federal agencies shall make each report
required under paragraph (1) available on a publicly
accessible website of the General Services
Administration.
(B) <<NOTE: Determination.>> Exception.--The
publishing requirements of subparagraph (A) shall not
apply if the head of the respective Federal agency makes
a determination that making
[[Page 138 STAT. 3220]]
the report required under paragraph (1) available on a
publicly accessible website would be detrimental to
national security.
(d) Reducing Unneeded Space.--
(1) <<NOTE: Deadline. Time periods.>> Target utilization
metrics.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Director, in consultation
with the Administrator, shall ensure building utilization in
each public building and federally-leased space is not less than
60 percent on average over each 1-year period.
(2) <<NOTE: Notifications.>> Actions.--In the event that
building utilization is below 60 percent on average over a 1-
year period described in paragraph (1) for any particular public
building or federally-leased space, the Administrator shall--
(A) provide notice to the tenant agency informing
the agency of the excess in capacity along with
associated costs of such excess; and
(B) notify the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate,
and the Committees on Appropriations of the House of
Representatives and the Senate of the excess capacity
and associated costs.
(3) Subsequent failure.--If the tenant agency fails to meet
the 60 percent target under paragraph (1) in the reporting
period subsequent to the reporting period under paragraph (2),
the Administrator shall, in consultation with the Director, take
steps to reduce the space of the tenant agency, including
consolidating the tenant agency with another agency, selling or
disposing of excess capacity space, and adjusting space
requirements, as appropriate, for any replacement space.
(4) Prioritization.--The Administrator, in coordination with
the Director, shall prioritize to the maximum extent practicable
capital investments in public buildings where Federal agencies
meet or exceed building utilization metrics, except that
prioritization may be given to projects that will result in
building utilization of 60 percent or more.
(5) Exceptions.--
(A) In general.--The Director may provide exceptions
to building utilization metrics based on the amount of
non-standard office space a Federal agency demonstrates
is required to meet the mission of the agency, including
warehouse space, laboratories critical to the mission of
the agency, and public customer-facing spaces driven by
agency missions.
(B) Reporting.--The Administrator shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the
Committees on Appropriations of the House of
Representatives and the Senate a report on any
exceptions granted under subparagraph (A), including the
justification for the exception.
(e) Headquarters Buildings.--
(1) <<NOTE: Deadline. Plan.>> Headquarters consolidations.--
Not later than 1 year after the date of enactment of this Act,
the Director, in consultation with the Administrator, shall
submit to the Committee
[[Page 138 STAT. 3221]]
on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the Comptroller General of the United States
a plan to consolidate department and agency headquarters
buildings in the National Capital Region that will result in
building utilizations of 60 percent or greater.
(2) Contents.--The plan submitted under paragraph (1) shall
include details on the following:
(A) Which departments and agencies will collocate
and consolidate and into which buildings and associated
details before and after plan implementation related to
building utilization, building capacities, and actual
utilization.
(B) Details on the strategies for the sale or
disposal of buildings that will no longer be needed for
Federal use.
(C) A detailed breakdown of any costs associated
with the proposed consolidations and collocations.
(D) <<NOTE: Estimate.>> An estimate of future
savings as a result of space reductions and
consolidations, including costs associated with energy
savings and building operations.
(3) <<NOTE: Deadline.>> Implementation.--Not later than 1
year after the submission of the plan under paragraph (1), the
Administrator and Director shall begin implementing the plan.
(f) Federal Use It or Lose It Leases Act.--
(1) Definitions.--In this subsection:
(A) Federal tenant.--
(i) In general.--The term ``Federal tenant''
means a Federal agency that has an occupancy
agreement with the Administrator to occupy a
commercial lease for office space secured by the
Administrator on behalf of the Federal Government.
(ii) Exclusion.--The term ``Federal tenant''
does not include an element of the intelligence
community.
(B) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Reporting of space utilization and occupancy data for
office space.-- <<NOTE: Contracts.>> An occupancy agreement
between the Administrator and a Federal tenant for office space
shall--
(A) include language that requires the Federal
tenant to submit to the Administrator an annual report
for the duration of the agreement containing data on--
(i) monthly total occupancy of such office
space;
(ii) the actual utilization of such office
space;
(iii) monthly space utilization rates; and
(iv) any other office space utilization data
considered important by the Administrator; and
(B) <<NOTE: Procedures. Time periods.>> include
language that requires the Federal tenant to have
written procedures in place governing the return of
office space to the Administrator if the occupancy of
the Federal tenant falls below a 60 percent space
utilization rate for 6 months within any 1-year period,
beginning on the date on which the agreement takes
effect.
(3) Requirements for federal agencies with independent
leasing authorities.-- <<NOTE: Reports.>> The head of any agency
with independent leasing authorities with leases for office
space
[[Page 138 STAT. 3222]]
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and each
congressional committee of jurisdiction of the applicable
independent leasing authority an annual report for the duration
of the agreement containing data on--
(A) monthly total occupancy of the office space;
(B) the actual utilization of the office space;
(C) monthly space utilization rates; and
(D) any other office space utilization data
considered important for collection by Congress.
(4) Exceptions to reporting and occupancy agreement
requirements.--This subsection shall not apply to properties
used by an element of the intelligence community.
(5) <<NOTE: Effective date. Time period.>> Applicability.--
The requirements of this subsection shall apply to any occupancy
or novation agreement entered into on or after the date that is
180 days after the date of enactment of this Act.
(g) <<NOTE: Costs.>> GAO Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the cost to each
Federal agency of measuring the occupancy and actual utilization
rates of space in public buildings and federally-leased space to
prepare the reports required under subsection (d).
(2) Requirements.--The Comptroller General of the United
States shall include in the report required under paragraph (1)
the cost of deploying sensors and technologies pursuant to
subsection (c) but shall exclude any such technologies that were
in place before the date of enactment of this Act.
(h) Investigation of Underutilized Space.--
(1) Reporting requirement.--Not later than 90 days after the
submission of each report under subsection (d), the head of each
Federal agency shall submit to the inspector general of each
respective agency a report detailing any public building or
federally-leased space with a capacity of 500 or more employees
under the jurisdiction of the agency that has a utilization rate
below 20 percent during the reporting period that is not a
vacant office building.
(2) <<NOTE: Determination.>> Inspector general
investigation.--On receipt of a report under paragraph (1), the
inspector general of the relevant Federal agency shall conduct
an investigation to determine whether there is any evidence of
fraud, waste, abuse, or mismanagement with respect to the use of
the public building or federally-leased space identified in the
report.
SEC. 2303. IMPACT OF CRIME ON PUBLIC BUILDING USAGE ACT.
(a) Report on Impact of Crime on Public Building Usage.--
Not <<NOTE: Review.>> later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a
review and submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report outlining--
(1) <<NOTE: Drugs and drug abuse.>> the effects of increased
crime rates and safety concerns, including the use of fentanyl
and other illicit drugs and substances, in areas surrounding
Federal buildings on building usage for in-person work at
Federal buildings;
[[Page 138 STAT. 3223]]
(2) how usage of different commuting modes of transportation
to Federal buildings are affected by increased crime rates;
(3) the effects of low office utilization rates on safety
around Federal buildings;
(4) any agency exceptions given to the policy set forth in
the memorandum of the Office of Management and Budget entitled
``Measuring, Monitoring, and Improving Organizational Health and
Organizational Performance in the Context of Evolving Agency
Work Environments'' and issued on April 13, 2023, due to unsafe
commuting conditions; and
(5) <<NOTE: Costs.>> any costs associated with safety issues
impacting Federal building.
(b) Report on Costs of Crime Around Public Buildings.--Not later
than 1 year after the date of enactment of this Act, the inspector
general of the General Services Administration, in coordination with
inspectors general of other relevant Federal agencies, shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the impacts on and costs associated with
building operations related to crime and public safety in and around
Federal buildings.
SEC. 2304. FEDERAL OVERSIGHT OF CONSTRUCTION USE AND SAFETY ACT.
(a) <<NOTE: Notification.>> Eliminating Project Escalations.--
Section 3307(c) of title 40, United States Code, is amended by adding at
the end the following: ``The Administrator shall notify, in writing, the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate of any increase of more than 5 percent of an estimated maximum
cost or of any increase or decrease in the scope or size of a project of
5 or more percent. Such notification shall include an explanation
regarding any such increase or decrease. <<NOTE: Prospectus.>> The scope
or size of a project shall not increase or decrease by more than 10
percent unless an amended prospectus is submitted and approved pursuant
to this section.''
(b) Public Safety at Federal Buildings.--
(1) Data collection.--The Administrator of General Services
shall collect data from tenant Federal agencies reports of any
safety incidents as a result of criminal or other activity
impacting public safety in and around public buildings, as
defined in section 3301 of title 40, United States Code.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that--
(A) contains the data collected under paragraph (1);
and
(B) describes any actions taken or planned, if
necessary, to improve building management and operations
to address such incidents.
(c) Reducing Waste in New Projects.--Section 3307(b) of title 40,
United States Code, is amended--
[[Page 138 STAT. 3224]]
(1) in the matter preceding paragraph (1), by inserting
``(referred to in this section as the `Administrator')'' after
``Administrator of General Services'';
(2) in paragraph (7), by striking ``and'' at the end;
(3) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(9) information on any space occupied by the relevant
agency in the geographical area of the proposed facility,
including uses, utilization rates, any proposed consolidations,
and, if not proposed to be consolidated, a justification for
such determination;
``(10) <<NOTE: Statement.>> a statement by the Administrator
of whether the public building needs of the Government for the
proposed space to be leased were formerly met by a federally
owned building, including any building identified for disposal
or sale; and
``(11) details on actual utilization rates, including number
of personnel assigned to the facility, number of personnel
expected to work in-person at the facility and whether all
personnel identified reflect filled and authorized positions.''.
(d) Review of Special Use Space.--
(1) Review.--The Comptroller General of the United States
shall review the use of special use spaces in Federal buildings,
including conference centers, fitness centers, and similar
spaces to determine levels of utilization, opportunities for
sharing, collocating, and other efficiencies.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States 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
containing the review under paragraph (1).
(e) Interagency Space Coordination.--
(1) In general.--Chapter 33 of title 40, United States Code,
is amended by adding at the end the following:
``Sec. 3319. <<NOTE: 40 USC 3319.>> Interagency space coordination
``Unless a Federal agency specifically restricts the sharing of the
information described in this section for national security purposes,
the Administrator of General Services shall share with tenant Federal
agencies pursuing new or replacement office space information on any
other Federal agencies located in the same geographical area for
purposes of determining opportunities for consolidations, collocations,
or other space sharing to reduce the costs of space and maximize space
utilization.''.
(2) Clerical amendment.--The analysis for chapter 33 of
title 40, United States Code, <<NOTE: 40 USC prec. 3301.>> is
amended by adding at the end the following:
``3319. Interagency space coordination.''.
(f) Notification of Milestones.--Section 3307 of title 40, United
States Code, is amended by adding at the end the following:
``(i) Notification Required.--For each project approved under this
section, the Administrator shall notify, in writing, the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of any
project milestones that are accomplished, including--
[[Page 138 STAT. 3225]]
``(1) the solicitation and award of design and construction
services;
``(2) the completion of any actions required for the project
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(3) any ceremonies for the beginning or completion of the
project;
``(4) a naming ceremony for the project; and
``(5) the completion of the project.''.
SEC. 2305. <<NOTE: Reviews. Reports.>> PUBLIC BUILDINGS
ACCOUNTABILITY ACT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a review of the
Public Buildings Service 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 a report containing the
results of that review, including--
(1) a review of the administration and management of all
Public Buildings Service real estate programs and activities,
including--
(A) a review and accounting of the number of
employees and contract workers, including functions and
the sources of funding (for example building operations,
reimbursable work, project-specific funding) categorized
by region and organizational, management, and oversight
structure within the Public Building Service, including
identification of components, programs, and reporting
structures;
(B) an accounting of in-person attendance by
employee category and function;
(C) <<NOTE: Analysis. Time period.>> an analysis,
trends, and comparisons of staffing numbers and
associated costs and other administrative costs over the
10 years preceding the review; and
(D) <<NOTE: Analysis.>> an analysis of the
effectiveness of organizational structure, management,
and oversight in carrying out the mission of the Public
Buildings Service; and
(2) a review of the building operations account of the
Federal Buildings Fund established by section 592(a) of title
40, United States Code, including activities and costs
associated with conferences, training, and travel and
transportation.
SEC. 2306. <<NOTE: District of Columbia. Deadline.>> SALE OF
WEBSTER SCHOOL.
(a) Sale.--Not later than December 31, 2025, the Administrator of
General Services (referred to in this section as the ``Administrator'')
shall sell the property described in subsection (b) at fair market value
and for the highest and best use.
(b) <<NOTE: Survey.>> Property Described.--The property referred to
in subsection (a) is the property generally consisting of Lot 822 of
Square 375 at 940 H Street Northwest in Washington, District of
Columbia, including the building known as the Webster School, subject to
a survey, as determined appropriate by the Administrator.
(c) Treatment of Net Proceeds; Future Appropriation.--
(1) In general.--Any net proceeds received from the sale
under this section shall be deposited into an account in the
Federal Buildings Fund established by section 592(a) of title
40, United States Code (referred to in this subsection as the
``Fund'').
[[Page 138 STAT. 3226]]
(2) Future appropriation.--On deposit of net proceeds into
the Fund under paragraph (1), those net proceeds may only be
expended pursuant to a specific future appropriation.
SEC. 2307. <<NOTE: Missouri.>> REAL PROPERTY CONVEYANCE.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Administrator of General
Services, on behalf of the Director of the Bureau of Prisons of the
Department of Justice, shall sell, by quitclaim deed, the property
described in subsection (b) at fair market value and at highest and best
use.
(b) Property Described.--The property to be sold under this section
is all property, including all buildings and improvements thereon,
located in the State of Missouri in connection with the United States
Penitentiary, Leavenworth, Kansas, and administered by the United States
Bureau of Prisons.
(c) <<NOTE: Determination.>> Survey Required.--As soon as
practicable after the date of enactment of this Act, the exact legal
description, including buildings, improvements, and acreage of the
property to be sold under this section shall be determined by a survey
that is satisfactory to the Administrator.
(d) Deferred Maintenance.--Any deferred maintenance required
pursuant to the agreement between the United States and the Farley-
Beverly Drainage District and entered into on April 18, 1967, shall be
addressed before sale of the property under this section.
(e) <<NOTE: Reimbursement.>> Costs.--Any costs incurred for the
completion of the survey or other activities undertaken to prepare the
property for sale under this section, including costs related to the
deferred maintenance requirements described in subsection (d), shall be
reimbursed from the gross proceeds of the sale.
(f) Net Proceeds.--
(1) In general.--Any net proceeds received from the sale of
the property under this section shall be deposited into an
account in the Federal Buildings Fund established by section
592(a) of title 40, United States Code.
(2) Future appropriation.--On deposit of net proceeds into
the Fund under paragraph (1), the net proceeds may be expended
only subject to a specific future appropriation.
(g) Prohibition on Foreign Ownership.--
(1) Definitions.--In this subsection, the terms ``beneficial
owner'', ``foreign entity'', and ``foreign person'' have the
meanings given those terms in section 2 of the Secure Federal
LEASEs Act (40 U.S.C. 585 note; Public Law 116-276).
(2) Prohibition.--The property described in subsection (b)
may not be sold to any foreign person or foreign entity,
including if the foreign person or foreign entity is a
beneficial owner of the foreign person or foreign entity.
SEC. 2308. <<NOTE: Reports.>> THINK DIFFERENTLY ABOUT BUILDING
ACCESSIBILITY ACT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall report to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate on the
compliance under the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) of all office buildings under the jurisdiction, custody, or
control of the General Services Administration.
[[Page 138 STAT. 3227]]
SEC. 2309. <<NOTE: 40 USC 3101 note.>> REVISION OF DESIGN
STANDARDS.
(a) <<NOTE: Deadline. Revision. Process.>> In General.--Not later
than 6 months after the date of enactment of this Act, the Administrator
of General Services (referred to in this section as the
``Administrator'') shall revise the process by which the Administrator
updates or changes the P100 facilities standards guidance document for
federally owned buildings under the custody and control of the General
Services Administration.
(b) Process.--The Administrator shall ensure that the process
revised under subsection (a) requires--
(1) <<NOTE: Public comment.>> a public comment period for
any updates or changes to the documents described in such
subsection;
(2) <<NOTE: Federal Register, publication. Web
posting.>> publication of those updates or changes in the
Federal Register and on the website of the General Services
Administration; and
(3) <<NOTE: Summary.>> a summary of any comments received
during the public comment period.
(c) Report.--The Administrator 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 revisions to the process required under subsection (a).
SEC. 2310. LIMITATION ON AUTHORIZATIONS.
Section 3307 of title 40, United States Code (as amended by section
2304(f)), is amended by adding at the end the following:
``(j) Expiration of Committee Resolutions.--
``(1) <<NOTE: Contracts. Deadline.>> In general.--Unless a
lease is awarded or a construction, alteration, repair, design,
or acquisition project is initiated not later than 5 years after
the resolution approvals adopted by the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate pursuant to subsection (a), the resolutions
shall be deemed expired.
``(2) Application.--This subsection shall only apply to
resolutions approved after the date of enactment of this
subsection.''.
SEC. 2311. CONVEYANCE OF FEDERAL COURTHOUSE TO THE CITY OF
HUNTSVILLE, ALABAMA.
(a) <<NOTE: Deadline.>> In General.--Not later than 60 days after
the date of enactment of this Act, the Administrator of General Services
shall offer to convey to the City of Huntsville, Alabama, all right,
title, and interest of the United States in and to the property
described in subsection (b).
(b) Property Description.--The property referred to in subsection
(a) is the parcel of land and building located at 101 E. Holmes Avenue,
Huntsville, Alabama, which is known as the ``Huntsville Courthouse and
Post Office''.
(c) <<NOTE: Determination. Appraisal.>> Consideration.--In exchange
for the conveyance of the Huntsville Courthouse and Post Office to the
City of Huntsville, Alabama under this title, the Administrator of
General Services shall require the City of Huntsville, Alabama, to pay
to the Administrator of General Services, subject to subsection (d),
consideration in an amount equal to the fair market value of the
Huntsville Courthouse and Post Office, as determined based on an
appraisal that is acceptable to the Administrator of General Services.
[[Page 138 STAT. 3228]]
(d) Credits.--In lieu of all or a portion of the amount of
consideration for the Huntsville Courthouse and Post Office, the
Administrator of General Services shall accept as consideration for the
conveyance of such Huntsville Courthouse and Post Office any credits
related to the appraised value of the 4.76-acre parcel of land located
at 660 Gallatin Street, Huntsville, Alabama.
(e) Costs.--As a condition of the conveyance under this section, the
City shall pay all costs associated with the conveyance.
SEC. 2312. <<NOTE: District of Columbia.>> WILBUR J. COHEN FEDERAL
BUILDING.
(a) <<NOTE: Deadline.>> Sale.--Not later than 2 years after the
vacancy of existing Federal agencies, the Administrator of General
Services shall sell for fair market value at highest and best use, the
Wilbur J. Cohen Federal building located at 330 Independence Avenue SW
in Washington, D.C.
(b) Net Proceeds.--
(1) In general.--Any net proceeds received from the sale of
the property under this section shall be deposited into an
account in the Federal Buildings Fund established by section
592(a) of title 40, United States Code.
(2) Future appropriation.--On deposit of net proceeds into
the Fund under paragraph (1), such net proceeds may be expended
only subject to a specific future appropriation.
(c) Prohibition on Foreign Ownership.--
(1) Definitions.--In this subsection, the terms ``beneficial
owner'', ``foreign entity'', and ``foreign person'' have the
meanings given those terms in section 2 of the Secure Federal
LEASEs Act (40 U.S.C. 585 note; Public Law 116-276).
(2) Prohibition.--The property described in subsection (a)
may not be sold to any foreign person or foreign entity,
including if the foreign person or foreign entity is a
beneficial owner of the foreign person or foreign entity.
SEC. 2313. <<NOTE: Kentucky.>> EUGENE E. SILER, JR. UNITED STATES
COURTHOUSE ANNEX.
(a) Designation.--The United States courthouse annex located at 310
South Main Street in London, Kentucky, shall be known and designated as
the ``Eugene E. Siler, Jr. United States Courthouse Annex''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
courthouse annex referred to in subsection (a) shall be deemed to be a
reference to the ``Eugene E. Siler, Jr. United States Courthouse
Annex''.
SEC. 2314. <<NOTE: California.>> SENATOR DIANNE FEINSTEIN FEDERAL
BUILDING.
(a) Designation.--The Federal building located at 50 United Nations
Plaza in San Francisco, California, shall be known and designated as the
``Senator Dianne Feinstein Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Senator Dianne Feinstein Federal Building''.
SEC. 2315. <<NOTE: Virginia.>> REUBEN E. LAWSON FEDERAL BUILDING.
(a) Findings.--Congress finds that--
(1) Reuben E. Lawson dedicated his life and career to
promoting the ideals of equality and inclusion as a lawyer for
the Roanoke chapter of the National Association for the
[[Page 138 STAT. 3229]]
Advancement of Colored People (commonly known as the ``NAACP'')
who actively worked to end segregation in Southwest Virginia;
(2) arguing a number of significant cases in the Western
District of Virginia, Reuben E. Lawson fought to ensure the
enforcement of Brown v. Board of Education of Topeka, 347 U.S.
483 (1954), so that schools in the Roanoke region would be fully
integrated; and
(3) Southwest Virginians are indebted to Reuben E. Lawson
for his important work in ending segregation, and it is fitting
that he be remembered in the current home of the court in which
he valiantly fought.
(b) Redesignation.--The Richard H. Poff Federal Building located at
210 Franklin Road Southwest in Roanoke, Virginia, shall be known and
designated as the ``Reuben E. Lawson Federal Building''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Richard H. Poff
Federal Building shall be deemed to be a reference to the ``Reuben E.
Lawson Federal Building''.
SEC. 2316. <<NOTE: West Virginia.>> IRENE M. KEELEY UNITED STATES
COURTHOUSE.
(a) Designation.--The United States courthouse located at 500 West
Pike Street in Clarksburg, West Virginia, shall be known and designated
as the ``Irene M. Keeley United States Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``Irene M. Keeley United States Courthouse''.
SEC. 2317. <<NOTE: Nebraska.>> VIRGINIA SMITH FEDERAL BUILDING.
(a) Designation.--The Federal building located at 300 E. 3rd Street
in North Platte, Nebraska, shall be known and designated as the
``Virginia Smith Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Virginia Smith Federal Building''.
SEC. 2318. <<NOTE: Georgia.>> HAROLD L. MURPHY FEDERAL BUILDING
AND UNITED STATES COURTHOUSE.
(a) Findings.--Congress finds that--
(1) Judge Harold L. Murphy was born in Felton, Georgia, in
1927;
(2) Judge Murphy attended West Georgia College before
serving in the United States Navy during the closing years of
World War II;
(3) Judge Murphy resumed his studies at the University of
Mississippi and the University of Georgia School of Law, where
he graduated in 1949;
(4) Judge Murphy began a law practice in Haralson County,
Georgia, and in 1950 was elected to the Georgia House of
Representatives as the youngest Member at the time;
(5) Judge Murphy served five consecutive terms before
stepping down in 1961 to focus on practicing law;
(6) in 1971, Judge Murphy was appointed by Governor Jimmy
Carter to the Superior Court for the Tallapoosa Judicial
Circuit, and following his election in 1976, President Carter
[[Page 138 STAT. 3230]]
nominated Judge Murphy to the United States District Court for
the Northern District of Georgia;
(7) Judge Murphy was confirmed by the United States Senate
on July 28, 1977;
(8) for 45 years, Judge Murphy served his country on the
Federal bench and became an acclaimed jurist and legal icon with
a stellar reputation that extended far beyond Georgia;
(9) Judge Murphy always displayed a quick wit and a keen
sense of humor, was kind and empathetic, and treated all those
who appeared before him with courtesy and respect;
(10) Judge Murphy worked tirelessly and carried a full
docket until the age of 90, when he took senior judge status in
the Northern District of Georgia;
(11) Judge Murphy continued to preside over cases until his
death on December 28, 2022;
(12) Judge Murphy received many professional awards and
recognitions, including from the State Bar of Georgia and the
University of Georgia School of Law;
(13) in 2014, Alabama State University renamed its graduate
school after Judge Murphy in recognition of his landmark ruling
in Knight v. Alabama, a long-running case that the Eleventh
Circuit Court of Appeals asked him to handle involving the
vestiges of racial segregation then present in the Alabama
University System; and
(14) above all else, Judge Murphy was a loving and devoted
husband and father--and a strong role model.
(b) Designation.--The Federal building and United States courthouse
located at 600 East First Street in Rome, Georgia, shall be known and
designated as the ``Harold L. Murphy Federal Building and United States
Courthouse''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building and
United States courthouse referred to in subsection (b) shall be deemed
to be a reference to the ``Harold L. Murphy Federal Building and United
States Courthouse''.
SEC. 2319. <<NOTE: California.>> FELICITAS AND GONZALO MENDEZ
UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse located at 350 W. 1st
Street, Los Angeles, California, shall be known and designated as the
``Felicitas and Gonzalo Mendez United States Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``Felicitas and Gonzalo Mendez United States
Courthouse''.
SEC. 2320. <<NOTE: Illinois.>> HELEN EDWARDS ENGINEERING RESEARCH
CENTER.
(a) Designation.--The Department of Energy Integrated Engineering
Research Center Federal Building located at the Fermi National
Accelerator Laboratory in Batavia, Illinois, shall be known and
designated as the ``Helen Edwards Engineering Research Center''.
[[Page 138 STAT. 3231]]
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Helen Edwards Engineering Research Center''.
Approved January 4, 2025.
LEGISLATIVE HISTORY--S. 4367:
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SENATE REPORTS: No. 118-227 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Aug. 1, considered and passed Senate.
Dec. 9, 10, considered and passed House, amended.
Dec. 18, Senate concurred in House amendment.
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