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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the "Water Resources Development Act of 2022".
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2.
[struck: Secretary defined][inserted: Definition of Secretary].TITLE I--GENERAL PROVISIONS
Struck: Sec. 101. Federal breakwaters and jetties.
Struck: Sec. 102. Emergency response to natural disasters.
Inserted: Sec. 101. Scope of feasibility studies.
Sec.
[struck: 103][inserted: 102]. Shoreline and[struck: riverine ][inserted: riverbank protection and ]restoration[inserted: mission].Struck: Sec. 104. Tidal river, bay, and estuarine flood risk reduction.
Struck: Sec. 105. Removal of manmade obstruction to aquatic ecosystem restoration projects.
Struck: Sec. 106. National coastal mapping study.
Struck: Sec. 107. Public recreational amenities in ecosystem restoration projects.
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Struck: Sec. 108. Preliminary analysis.
Struck: Sec. 109. Technical assistance.
Struck: Sec. 110. Corps of Engineers support for underserved communities; outreach.
Struck: Sec. 111. Project planning assistance.
Struck: Sec. 112. Managed aquifer recharge study and working group.
Struck: Sec. 113. Flood easement database.
Struck: Sec. 114. Assessment of Corps of Engineers levees.
Struck: Sec. 115. Technical assistance for levee inspections.
Struck: Sec. 116. Assessment of Corps of Engineers dams.
Struck: Sec. 117. National low-head dam inventory.
Struck: Sec. 118. Tribal partnership program.
Struck: Sec. 119. Tribal Liaison.
Struck: Sec. 120. Tribal assistance.
Struck: Sec. 121. Cost sharing provisions for the territories and Indian Tribes.
Struck: Sec. 122. Sense of Congress on COVID-19 impacts to coastal and inland navigation.
Struck: Sec. 123. Assessment of regional confined aquatic disposal facilities.
Struck: Sec. 124. Strategic plan on beneficial use of dredged material.
Struck: Sec. 125. Funding to review mitigation banking proposals from non- Federal public entities.
Struck: Sec. 126. Environmental dredging.
Struck: Sec. 127. Reserve component training at water resources development projects.
Struck: Sec. 128. Payment of pay and allowances of certain officers from appropriation for improvements.
Struck: Sec. 129. Civil works research, development, testing, and evaluation.
Struck: Sec. 130. Support of Army civil works program.
Struck: Sec. 131. Contracts with institutions of higher education to provide assistance.
Struck: Sec. 132. Records regarding members and employees of the Corps of Engineers who perform duty at Lake Okeechobee, Florida, during a harmful algal bloom.
Struck: Sec. 133. Sense of Congress on the Mississippi River-Gulf Outlet, Louisiana.
Struck: Sec. 134. Water infrastructure public-private partnership pilot program.
Struck: Sec. 135. Applicability.
Inserted: Sec. 103. Inland waterway projects.
Inserted: Sec. 104. Protection and restoration of other Federal land along rivers and coasts.
Inserted: Sec. 105. Policy and technical standards.
Inserted: Sec. 106. Planning assistance to States.
Inserted: Sec. 107. Floodplain management services.
Inserted: Sec. 108. Workforce planning.
Inserted: Sec. 109. Credit in lieu of reimbursement.
Inserted: Sec. 110. Coastal cost calculations.
Inserted: Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs.
Inserted: Sec. 112. Use of emergency funds.
Inserted: Sec. 113. Research and development.
Inserted: Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee.
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Inserted: Sec. 115. Non-Federal Interest Advisory Committee.
Inserted: Sec. 116. Underserved community harbor projects.
Inserted: Sec. 117. Corps of Engineers Western Water Cooperative Committee.
Inserted: Sec. 118. Updates to certain water control manuals.
Inserted: Sec. 119. Sense of Congress on operations and maintenance of recreation sites.
Inserted: Sec. 120. Relocation assistance.
Inserted: Sec. 121. Reprogramming limits.
Inserted: Sec. 122. Lease durations.
Inserted: Sec. 123. Sense of Congress relating to post-disaster repairs.
Inserted: Sec. 124. Payment of pay and allowances of certain officers from appropriation for improvements.
Inserted: Sec. 125. Reforestation.
Inserted: Sec. 126. Use of other Federal funds.
Inserted: Sec. 127. National low-head dam inventory.
Inserted: Sec. 128. Transfer of excess credit.
Inserted: Sec. 129. National levee restoration.
Inserted: Sec. 130. Inland waterways regional dredge pilot program.
Inserted: Sec. 131. Funding to process permits.
Inserted: Sec. 132. Non-Federal project implementation pilot program.
Inserted: Sec. 133. Cost sharing for territories and Indian Tribes.
Inserted: Sec. 134. Water supply conservation.
Inserted: Sec. 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors.
Inserted: Sec. 136. Protection of lighthouses.
Inserted: Sec. 137. Expediting hydropower at Corps of Engineers facilities.
Inserted: Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities.
Inserted: Sec. 139. Dredged material management plans.
Inserted: Sec. 140. Lease deviations.
Inserted: Sec. 141. Columbia River Basin.
Inserted: Sec. 142. Continuation of construction.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of
[struck: proposed ]feasibility studies.Sec. 202.
[struck: Expedited completion][inserted: Special rules].Sec. 203. Expedited
[struck: modifications][inserted: completion] of[struck: existing feasibility ]studies.Struck: Sec. 204. Corps of Engineers reservoir sedimentation assessment.
Struck: Sec. 205. Assessment of impacts from changing operation and maintenance responsibilities.
Struck: Sec. 206. Report and recommendations on dredge capacity.
Struck: Sec. 207. Maintenance dredging data.
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Struck: Sec. 208. Report to Congress on economic valuation of preservation of open space, recreational areas, and habitat associated with project lands.
Struck: Sec. 209. Ouachita River watershed, Arkansas and Louisiana.
Struck: Sec. 210. Report on Santa Barbara streams, Lower Mission Creek, California.
Struck: Sec. 211. Disposition study on Salinas Dam and Reservoir, California.
Struck: Sec. 212. Excess lands report for Whittier Narrows Dam, California.
Struck: Sec. 213. Colebrook River Reservoir, Connecticut.
Struck: Sec. 214. Comprehensive central and southern Florida study.
Struck: Sec. 215. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Struck: Sec. 216. Northern estuaries ecosystem restoration, Florida.
Struck: Sec. 217. Report on South Florida ecosystem restoration plan implementation.
Struck: Sec. 218. Review of recreational hazards at Buford Dam, Lake Sidney Lanier, Georgia.
Struck: Sec. 219. Review of recreational hazards at the banks of the Mississippi River, Louisiana.
Struck: Sec. 220. Hydraulic evaluation of Upper Mississippi River and Illinois River.
Struck: Sec. 221. Disposition study on hydropower in the Willamette Valley, Oregon.
Struck: Sec. 222. Houston Ship Channel Expansion Channel Improvement Project, Texas.
Struck: Sec. 223. Sabine-Neches waterway navigation improvement project, Texas.
Struck: Sec. 224. Norfolk Harbor and Channels, Virginia.
Struck: Sec. 225. Coastal Virginia, Virginia.
Struck: Sec. 226. Western infrastructure study.
Struck: Sec. 227. Report on socially and economically disadvantaged small business concerns.
Struck: Sec. 228. Report on solar energy opportunities.
Struck: Sec. 229. Assessment of coastal flooding mitigation modeling and testing capacity.
Struck: Sec. 230. Report to Congress on easements related to water resources development projects.
Struck: Sec. 231. Assessment of forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers.
Struck: Sec. 232. Electronic preparation and submission of applications.
Struck: Sec. 233. Report on corrosion prevention activities.
Struck: Sec. 234. GAO Studies on mitigation.
Struck: Sec. 235. GAO Study on waterborne statistics.
Struck: Sec. 236. GAO study on the integration of information into the national levee database.
Struck: TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Struck: Sec. 301. Deauthorization of inactive projects.
Struck: Sec. 302. Watershed and river basin assessments.
Struck: Sec. 303. Forecast-informed reservoir operations.
Struck: Sec. 304. Lakes program.
Struck: Sec. 305. Invasive species.
Struck: Sec. 306. Project reauthorizations.
Struck: Sec. 307. St. Francis Lake Control Structure.
Struck: Sec. 308. Fruitvale Avenue Railroad Bridge, Alameda, California.
Struck: Sec. 309. Los Angeles County, California.
Struck: Sec. 310. Deauthorization of designated portions of the Los Angeles County Drainage Area, California.
Struck: Sec. 311. Murrieta Creek, California.
Struck: Sec. 312. Sacramento River, California.
Struck: Sec. 313. San Diego River and Mission Bay, San Diego County, California.
Struck: Sec. 314. San Francisco Bay, California.
Struck: Sec. 315. Columbia River Basin.
Struck: Sec. 316. Comprehensive Everglades Restoration Plan, Florida.
Struck: Sec. 317. Port Everglades, Florida.
Struck: Sec. 318. South Florida Ecosystem Restoration Task Force.
Struck: Sec. 319. Little Wood River, Gooding, Idaho.
Struck: Sec. 320. Chicago shoreline protection.
Struck: Sec. 321. Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois.
Struck: Sec. 322. Southeast Des Moines levee system, Iowa.
Struck: Sec. 323. Lower Mississippi River comprehensive management study.
Struck: Sec. 324. Lower Missouri River streambank erosion control evaluation and demonstration projects.
Struck: Sec. 325. Missouri River interception-rearing complexes.
Struck: Sec. 326. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas.
Struck: Sec. 327. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.
Struck: Sec. 328. Northern Missouri.
Struck: Sec. 329. Israel River, Lancaster, New Hampshire.
Struck: Sec. 330. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Struck: Sec. 331. Special rule for certain coastal storm risk management projects.
Struck: Sec. 332. Southwestern Oregon.
Struck: Sec. 333. John P. Murtha Locks and Dam.
Struck: Sec. 334. Wolf River Harbor, Tennessee.
Struck: Sec. 335. Addicks and Barker Reservoirs, Texas.
Struck: Sec. 336. North Padre Island, Corpus Christi Bay, Texas.
Struck: Sec. 337. Central West Virginia.
Struck: Sec. 338. Puget Sound, Washington.
Struck: Sec. 339. Water level management pilot project on the Upper Mississippi River and Illinois Waterway System.
Struck: Sec. 340. Upper Mississippi River protection.
Struck: Sec. 341. Treatment of certain benefits and costs.
Struck: Sec. 342. Debris removal.
Struck: Sec. 343. General reauthorizations.
Struck: Sec. 344. Conveyances.
Struck: Sec. 345. Environmental infrastructure.
Struck: Sec. 346. Additional assistance for critical projects.
Struck: Sec. 347. Sense of Congress on lease agreement.
Struck: Sec. 348. Flood control and other purposes.
Inserted: Sec. 204. Studies for periodic nourishment.
Inserted: Sec. 205. NEPA reporting.
Inserted: Sec. 206. GAO audit of projects over budget or behind schedule.
Inserted: Sec. 207. GAO study on project distribution.
Inserted: Sec. 208. GAO audit of joint costs for operations and maintenance.
Inserted: Sec. 209. GAO review of Corps of Engineers mitigation practices.
Inserted: Sec. 210. Sabine-Neches Waterway Navigation Improvement project, Texas.
Inserted: Sec. 211. Great Lakes recreational boating.
Inserted: Sec. 212. Central and Southern Florida.
Inserted: Sec. 213. Investments for recreation areas.
Inserted: Sec. 214. Western infrastructure study.
Inserted: Sec. 215. Upper Mississippi River and Illinois Waterway System.
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Inserted: Sec. 216. West Virginia hydropower.
Inserted: Sec. 217. Recreation and economic development at Corps facilities in Appalachia.
Inserted: Sec. 218. Automated fee machines.
Inserted: Sec. 219. Lake Champlain Canal, Vermont and New York.
Inserted: Sec. 220. Report on concessionaire practices.
Inserted: TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Inserted: Sec. 301. Additional assistance for critical projects.
Inserted: Sec. 302. Southern West Virginia.
Inserted: Sec. 303. Northern West Virginia.
Inserted: Sec. 304. Local cooperation agreements, northern West Virginia.
Inserted: Sec. 305. Special rule for certain beach nourishment projects.
Inserted: Sec. 306. Coastal community flood control and other purposes.
Inserted: Sec. 307. Modifications.
Inserted: Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan.
Inserted: Sec. 309. Delaware shore protection and restoration.
Inserted: Sec. 310. Great Lakes advance measures assistance.
Inserted: Sec. 311. Rehabilitation of existing levees.
Inserted: Sec. 312. Pilot program for certain communities.
Inserted: Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations.
Inserted: Sec. 314. Chesapeake Bay environmental restoration and protection program.
Inserted: Sec. 315. Evaluation of hydrologic changes in Souris River Basin.
Inserted: Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota.
Inserted: Sec. 317. Upper Mississippi River restoration program.
Inserted: Sec. 318. Harmful algal bloom demonstration program.
Inserted: Sec. 319. Colleton County, South Carolina.
Inserted: Sec. 320. Arkansas River corridor, Oklahoma.
Inserted: Sec. 321. Abandoned and inactive noncoal mine restoration.
Inserted: Sec. 322. Asian carp prevention and control pilot program.
Inserted: Sec. 323. Forms of assistance.
Inserted: Sec. 324. Debris removal, New York Harbor, New York.
Inserted: Sec. 325. Invasive species management.
Inserted: Sec. 326. Wolf River Harbor, Tennessee.
Inserted: Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska.
Inserted: Sec. 328. Invasive species management pilot program.
Inserted: Sec. 329. Nueces County, Texas, conveyances.
Inserted: Sec. 330. Mississippi Delta Headwaters, Mississippi.
Inserted: Sec. 331. Ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey.
Inserted: Sec. 332. Timely reimbursement.
Inserted: Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Inserted: Sec. 334. Lake Tahoe Basin restoration, Nevada and California.
Inserted: Sec. 335. Additional assistance for Eastern Santa Clara Basin, California.
Inserted: Sec. 336. Tribal partnership program.
Inserted: Sec. 337. Surplus water contracts and water storage agreements.
Inserted: Sec. 338. Copan Lake, Oklahoma.
Inserted: Sec. 339. Enhanced development program.
Inserted: Sec. 340. Ecosystem restoration coordination.
Inserted: Sec. 341. Acequias irrigation systems.
Inserted: Sec. 342. Rogers County, Oklahoma.
Inserted: Sec. 343. Water supply storage repair, rehabilitation, and replacement costs.
Inserted: Sec. 344. Non-Federal payment flexibility.
Inserted: Sec. 345. North Padre Island, Corpus Christi Bay, Texas.
Inserted: Sec. 346. Waiver of non-Federal share of damages related to certain contract claims.
Inserted: Sec. 347. Algiers Canal Levees, Louisiana.
Inserted: Sec. 348. Israel River ice control project, Lancaster, New Hampshire.
Inserted: Sec. 349. City of El Dorado, Kansas.
Inserted: Sec. 350. Upper Mississippi River protection.
Inserted: Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas.
Inserted: Sec. 352. Pilot program for good neighbor authority on Corps of Engineers land.
Inserted: Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Inserted: Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Inserted: Sec. 355. Comprehensive Everglades Restoration Plan, Florida.
Inserted: Sec. 356. Maintenance dredging permits.
Inserted: Sec. 357. Puget Sound nearshore ecosystem restoration, Washington.
Inserted: Sec. 358. Tribal assistance.
Inserted: Sec. 359. Recreational opportunities at certain projects.
Inserted: Sec. 360. Rehabilitation of Corps of Engineers constructed dams.
Inserted: Sec. 361. South Florida Ecosystem Restoration Task Force.
Inserted: Sec. 362. New Madrid County Harbor, Missouri.
Inserted: Sec. 363. Trinity River and tributaries, Texas.
Inserted: Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Inserted: Sec. 365. Federal assistance.
Inserted: Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma.
Inserted: Sec. 367. Lake Barkley, Kentucky, land conveyance.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Struck: TITLE V--COLUMBIA RIVER BASIN RESTORATION
Struck: Sec. 501. Definitions.
Struck: Sec. 502. Columbia River Basin Trust.
Struck: Sec. 503. Columbia River Basin Task Force.
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Struck: Sec. 504. Administration.
Struck: TITLE VI--DETERMINATION OF BUDGETARY EFFECTS
Struck: Sec. 601. Determination of budgetary effects.
Struck: SEC. 2. SECRETARY DEFINED.
Inserted: Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska.
Inserted: Sec. 403. Expedited completion of projects.
Inserted: Sec. 404. Special rules.
Inserted: Sec. 405. Chattahoochee River program.
Inserted: Sec. 406. Lower Mississippi River Basin demonstration program.
Inserted: Sec. 407. Forecast-informed reservoir operations.
Inserted: Sec. 408. Mississippi River mat sinking unit.
Inserted: Sec. 409. Sense of Congress relating to Okatibbee Lake.
Inserted: SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term "Secretary" means the Secretary of the Army.
TITLE I--GENERAL PROVISIONS
Struck: SEC. 101. FEDERAL BREAKWATERS AND JETTIES.
Struck: (a) In General.--In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).
Struck: (b) Classification of Activity.--The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater--
Struck: (1) if the Secretary determines that--
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Struck: (A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and
Struck: (B) such repair or maintenance activity is necessary to restore such functionality; or
Struck: (2) if--
Struck: (A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and
Struck: (B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.
Struck: SEC. 102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Struck: Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended by striking "in the repair and restoration of any federally authorized hurricane or shore protective structure" and all that follows through "non-Federal sponsor." and inserting "in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor.".
Struck: SEC. 103. SHORELINE AND RIVERINE RESTORATION.
Struck: (a) In General.--Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended--
Struck: (1) in the section heading, by striking "flood mitigation and riverine restoration program" and inserting "shoreline and riverine protection and restoration";
Struck: (2) in subsection (a)--
Struck: (A) by striking "undertake a program for the purpose of conducting" and inserting "carry out";
Struck: (B) by striking "to reduce flood hazards" and inserting "to reduce flood and hurricane and storm damage hazards (including erosion)"; and
Struck: (C) by inserting "and shorelines" after "rivers";
Struck: (3) in subsection (b)--
Struck: (A) in paragraph (1)--
Struck: (i) by striking "In carrying out the program, the" and inserting "The";
Struck: (ii) by inserting "and hurricane and storm" after "flood"; and
Struck: (iii) by inserting "erosion mitigation," after "reduction,";
Struck: (B) in paragraph (3), by striking "flood damages" and inserting "flood and hurricane and storm damages, including the use of natural features and nature-based features, as defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))"; and
Struck: (C) in paragraph (4)--
Struck: (i) by inserting "and hurricane and storm" after "flood";
Struck: (ii) by inserting ", shoreline," after "riverine"; and
Struck: (iii) by inserting "and coastal barriers" after "floodplains";
Struck: (4) in subsection (c)--
Struck: (A) in paragraph (2)--
Struck: (i) in the paragraph heading, by striking "flood control"; and
Struck: (ii) in subparagraph (A), by inserting "or hurricane and storm damage reduction" after "flood control"; and
Struck: (B) in paragraph (3)--
Struck: (i) in the paragraph heading, by inserting "or hurricane and storm damage reduction" after "flood control"; and
Struck: (ii) by inserting "or hurricane and storm damage reduction" after "flood control";
Struck: (5) by amending subsection (d) to read as follows:--
Struck: "(d) Project Justification.--Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may implement a project under this section if the Secretary determines that the project--
Struck: "(1) will significantly reduce potential flood, hurricane and storm, or erosion damages;
Struck: "(2) will improve the quality of the environment; and
Struck: "(3) is justified considering all costs and beneficial outputs of the project.";
Struck: (6) in subsection (e)--
Struck: (A) in paragraph (32), by striking "; and" and inserting a semicolon;
Struck: (B) in paragraph (33), by striking the period at the end and inserting a semicolon; and
Struck: (C) by adding at the end the following:
Struck: "(34) City of Southport, North Carolina; and
Struck: "(35) Maumee River, Ohio."; and
Struck: (7) by striking subsections (f) through (i) and inserting the following:
Struck: "(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000, to remain available until expended.".
Struck: (b) Clerical Amendment.--The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following:
Inserted: SEC. 101. SCOPE OF FEASIBILITY STUDIES.
Inserted: (a) Flood and Coastal Storm Risk Management.--In carrying out a feasibility study for a project for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that is identified through a holistic evaluation of the isolated and compound effects of--
Inserted: (1) a riverine discharge of any magnitude or frequency;
Inserted: (2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm;
Inserted: (3) a tide of any magnitude or frequency;
Inserted: (4) a rainfall event of any magnitude or frequency;
Inserted: (5) seasonal variation in water levels;
Inserted: (6) groundwater emergence;
Inserted: (7) sea level rise;
Inserted: (8) subsidence; or
Inserted: (9) any other driver of flood risk affecting the study area.
Inserted: (b) Water Supply, Water Supply Conservation, and Drought Risk Reduction.--In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives--
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Inserted: (1) to maximize combined net benefits for the primary purpose of the study and for water supply, water supply conservation, and drought risk reduction; or
Inserted: (2) to include 1 or more measures for the purpose of water supply, water supply conservation, or drought risk reduction.
Inserted: (c) Cost Sharing.--All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study.
Inserted: SEC. 102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
Inserted: (a) Declaration of Policy.--Congress declares that--
Inserted: (1) consistent with the civil works mission of the Corps of Engineers, it is the policy of the United States to protect and restore the shorelines, riverbanks, and streambanks of the United States from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems;
Inserted: (2) the Chief of Engineers shall give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events in carrying out the civil works mission of the Corps of Engineers;
Inserted: (3) to the maximum extent practicable, projects and measures for the protection and restoration of shorelines, riverbanks, and streambanks shall be formulated to increase the resilience of such shores and banks from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); and
Inserted: (4) to the maximum extent practicable, periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c)), and subject to section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management.
Inserted: (b) Shoreline and Riverine Protection and Restoration.--
Inserted: (1) In general.--Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended--
Inserted: (A) in the section heading, by striking "flood mitigation and riverine restoration program" and inserting "shoreline and riverine protection and restoration";
Inserted: (B) by striking subsection (a) and inserting the following:
Inserted: "(a) In General.--The Secretary may carry out projects--
Inserted: "(1) to reduce flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or
Inserted: "(2) to restore the natural functions and values of rivers and shorelines throughout the United States.";
Inserted: (C) in subsection (b)--
Inserted: (i) by striking paragraph (1) and inserting the following:
Inserted: "(1) Authority.--
Inserted: "(A) Studies.--The Secretary may carry out studies to identify appropriate measures for--
Inserted: "(i) the reduction of flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or
Inserted: "(ii) the restoration of the natural functions and values of rivers and shorelines.
Inserted: "(B) Projects.--Subject to subsection (f)(2), the Secretary may design and implement projects described in subsection (a).";
Inserted: (ii) in paragraph (3), by striking "flood damages" and inserting "flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))"; and
Inserted: (iii) in paragraph (4)--
Inserted: (I) by inserting "and coastal storm" after "flood";
Inserted: (II) by inserting ", shoreline," after "riverine"; and
Inserted: (III) by inserting "and coastal barriers" after "floodplains";
Inserted: (D) in subsection (c)--
Inserted: (i) by striking paragraph (1) and inserting the following:
Inserted: "(1) Studies.--
Inserted: "(A) In general.--Subject to subparagraph (B), the non-Federal share of the cost of a study under this section shall be--
Inserted: "(i) 50 percent; and
Inserted: "(ii) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).
Inserted: "(B) Federal interest determination.--The first $100,000 of the costs of a study under this section shall be at full Federal expense.";
Inserted: (ii) in paragraph (2)--
Inserted: (I) in the paragraph heading, by striking "flood control"; and
Inserted: (II) by striking subparagraph (A) and inserting the following:
Inserted: "(A) In general.--Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 percent."; and
Inserted: (iii) in paragraph (3)--
Inserted: (I) in the paragraph heading, by striking "control" and inserting "and coastal storm risk management";
Inserted: (II) by striking "control" and inserting "and coastal storm risk management"; and
Inserted: (III) by striking "section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a))" and inserting "section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 percent";
Inserted: (E) in subsection (d)--
Inserted: (i) by striking paragraph (2);
Inserted: (ii) by striking the subsection designation and heading and all that follows through "Notwithstanding" in paragraph (1) in the matter preceding subparagraph (A) and inserting the following:
Inserted: "(d) Project Justification.--Notwithstanding";
Inserted: (iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and
Inserted: (iv) in paragraph (1) (as so redesignated)--
Inserted: (I) by inserting "or coastal storm" after "flood"; and
Inserted: (II) by inserting ", including erosion or riverbank or streambank failures" after "damages";
Inserted: (F) in subsection (e)--
Inserted: (i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately;
Inserted: (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking "In carrying out" and inserting the following:
Inserted: "(1) In general.--In carrying out"; and
Inserted: (iii) by adding at the end the following:
Inserted: "(2) Priority projects.--In carrying out this section after the date of enactment of the Water Resources Development Act of 2022, the Secretary shall prioritize projects for the following locations:
Inserted: "(A) Delaware beaches and watersheds, Delaware.
Inserted: "(B) Louisiana Coastal Area, Louisiana.
Inserted: "(C) Great Lakes Shores and Watersheds.
Inserted: "(D) Oregon Coastal Area, Oregon.
Inserted: "(E) Upper Missouri River Basin.
Inserted: "(F) Ohio River Tributaries and their watersheds, West Virginia.
Inserted: "(G) Chesapeake Bay watershed and Maryland beaches, Maryland.";
Inserted: (G) by striking subsections (f), (g), and (i);
Inserted: (H) by redesignating subsection (h) as subsection (f); and
Inserted: (I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following:
Inserted: "(2) Projects requiring specific authorization.--The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds--
Inserted: "(A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260));
Inserted: "(B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that--
Inserted: "(i) is for purposes of environmental restoration; or
Inserted: "(ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); or
Inserted: "(C) $18,500,000, for a project other than a project described in subparagraph (A) or (B).".
Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following:
"Sec. 212. Shoreline and riverine protection and restoration.".
Struck: SEC. 104. TIDAL RIVER, BAY, AND ESTUARINE FLOOD RISK REDUCTION.
Struck: At the request of a non-Federal interest, the Secretary is authorized, as part of an authorized feasibility study for a project for hurricane and storm damage risk reduction, to investigate measures to reduce the risk of flooding associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body and located within the geographic scope of the study.
Struck: SEC. 105. REMOVAL OF MANMADE OBSTRUCTION TO AQUATIC ECOSYSTEM RESTORATION PROJECTS.
Struck: (a) In General.--In carrying out an aquatic ecosystem restoration project, at the request of a non-Federal interest and with the consent of the owner of a manmade obstruction, the Secretary shall determine whether the removal of such obstruction from the aquatic environment within the geographic scope of the project is necessary to meet the aquatic ecosystem restoration goals of the project.
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Struck: (b) Removal Costs.--If the Secretary determines under subsection (a) that removal of an obstruction is necessary, the Secretary shall consider the removal of such obstruction to be a project feature and the cost of such removal shall be shared between the Secretary and non- Federal interest as a construction cost.
Struck: (c) Applicability.--The requirements of subsection (a) shall apply to any project for ecosystem restoration authorized on or after June 10, 2014.
Struck: (d) Savings Clause.--The authority contained in this section shall not apply to the Ice Harbor Lock and Dam, the Little Goose Lock and Dam, the Lower Granite Lock and Dam, and the Lower Monumental Lock and Dam on Snake River, authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 21).
Struck: SEC. 106. NATIONAL COASTAL MAPPING STUDY.
Struck: (a) In General.--The Secretary, acting through the Director of the Engineer Research and Development Center, is authorized to carry out a study of coastal geographic land changes, with recurring national coastal mapping technology, along the coastal zone of the United States to support Corps of Engineers missions.
Struck: (b) Study.--In carrying out the study under subsection (a), the Secretary shall identify--
Struck: (1) new or advanced geospatial information and remote sensing tools for coastal mapping;
Struck: (2) best practices for coastal change mapping;
Struck: (3) how to most effectively--
Struck: (A) collect and analyze such advanced geospatial information;
Struck: (B) disseminate such geospatial information to relevant offices of the Corps of Engineers, other Federal agencies, States, Tribes, and local governments; and
Struck: (C) make such geospatial information available to other stakeholders.
Struck: (c) Demonstration Project.--
Struck: (1) Project area.--In carrying out the study under subsection (a), the Secretary shall carry out a demonstration project in the coastal region covering the North Carolina coastal waters, connected bays, estuaries, rivers, streams, and creeks, to their tidally influenced extent inland.
Struck: (2) Scope.--In carrying out the demonstration project, the Secretary shall--
Struck: (A) identify and study potential hazards, such as debris, sedimentation, dredging effects, and flood areas;
Struck: (B) identify best practices described in subsection (b)(2), including best practices relating to geographical coverage and frequency of mapping;
Struck: (C) evaluate and demonstrate relevant mapping technologies to identify which are the most effective for regional mapping of the transitional areas between the open coast and inland waters; and
Struck: (D) demonstrate remote sensing tools for coastal mapping.
Struck: (d) Coordination.--In carrying out this section, the Secretary shall coordinate with other Federal and State agencies that are responsible for authoritative data and academic institutions and other entities with relevant expertise.
Struck: (e) Panel.--
Struck: (1) Establishment.--In carrying out this section, the Secretary shall establish a panel of senior leaders from the Corps of Engineers and other Federal agencies that are stakeholders in the coastal mapping program carried out through the Engineer Research and Development Center.
Struck: (2) Duties.--The panel established under this subsection shall--
Struck: (A) coordinate the collection of data under the study carried out under this section;
Struck: (B) coordinate the use of geospatial information and remote sensing tools, and the application of the best practices identified under the study, by Federal agencies; and
Struck: (C) identify technical topics and challenges that require multiagency collaborative research and development.
Struck: (f) Use of Existing Information.--In carrying out this section, the Secretary shall consider any relevant information developed under section 516(g) of the Water Resources Development Act of 1996 (33 U.S.C. 2326b(g)).
Struck: (g) Report.--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 that describes--
Struck: (1) the results of the study carried out under this section; and
Struck: (2) any geographical areas recommended for additional study.
Struck: (h) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $25,000,000, to remain available until expended.
Struck: SEC. 107. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION PROJECTS.
Struck: At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), if the incorporation of such amenities would be consistent with the ecosystem restoration purposes of the project.
Struck: SEC. 108. PRELIMINARY ANALYSIS.
(
[struck: a][inserted: c])[struck: In General][inserted: Emergency Streambank and Shoreline Protection].--Section[struck: 1001][inserted: 14] of the[struck: Water Resources Reform and Development ][inserted: Flood Control ]Act of[struck: 2014][inserted: 1946] (33 U.S.C.[struck: 2282c][inserted: 701r]) is amended by striking[struck: subsections (e) ][inserted: "$5,000,000" ]and[struck: (f) and ]inserting[struck: the following:][inserted: "$10,000,000".]Struck: "(e) Preliminary Analysis.--
Struck: "(1) In general.--At the request of a non-Federal interest, the Secretary shall, prior to executing a cost- sharing agreement for a feasibility study described in subsection (a), carry out a preliminary analysis of the water resources problem that is the subject of the feasibility study in order to identify potential alternatives to address such problem.
Struck: "(2) Considerations.--In carrying out a preliminary analysis under this subsection, the Secretary shall include in such analysis--
Struck: "(A) a preliminary analysis of the Federal interest, costs, benefits, and environmental impacts of the project;
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Struck: "(B) an estimate of the costs of, and duration for, preparing the feasibility study; and
Struck: "(C) for a flood risk management or hurricane and storm risk reduction project, at the request of the non-Federal interest, the identification of any opportunities to incorporate natural features or nature-based features into the project.
Struck: "(3) Deadline.--The Secretary shall complete a preliminary analysis carried out under this subsection by not later than 180 days after the date on which funds are made available to the Secretary to carry out the preliminary analysis.
Struck: "(4) Cost share.--The cost of a preliminary analysis carried out under this subsection--
Struck: "(A) shall be at Federal expense; and
Struck: "(B) shall not exceed $200,000.
Struck: "(5) Treatment.--
Struck: "(A) Timing.--The period during which a preliminary analysis is carried out under this subsection shall not be included for the purposes of the deadline to complete a final feasibility report under subsection (a)(1).
Struck: "(B) Cost.--The cost of a preliminary analysis carried out under this subsection shall not be included for the purposes of the maximum Federal cost under subsection (a)(2).".
Inserted: SEC. 103. INLAND WATERWAY PROJECTS.
(
[struck: b][inserted: a])[struck: Conforming Amendment][inserted: In General].--Section[struck: 905][inserted: 102](a)[struck: (2)]of the Water Resources Development Act of 1986 (33 U.S.C.[struck: 2282][inserted: 2212](a)[struck: (2])[struck: )]is amended[struck: by striking "a preliminary analysis" and inserting "an analysis".][inserted: --]Struck: SEC. 109. TECHNICAL ASSISTANCE.
Struck: (a) Planning Assistance to States.--Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
Struck: (1) in subsection (a)(1)--
Struck: (A) by inserting "local government," after "State or group of States,"; and
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Struck: (B) by inserting "local government," after "such State, interest,";
Struck: (2) in subsection (c)(2), by striking "$15,000,000" and inserting "$30,000,000"; and
Struck: (3) in subsection (f)--
Struck: (A) by striking "The cost-share for assistance" and inserting the following:
Struck: "(1) Tribes and territories.--The cost-share for assistance"; and
Inserted: (1) in the matter preceding paragraph (1), by striking "One-half of the costs" and inserting "75 percent of the costs"; and
Inserted: (2) in the undesignated matter following paragraph (3), in the second sentence, by striking "One-half of such costs" and inserting "25 percent of such costs".
Inserted: (b) Application.--The amendments made by subsection (a) shall apply to new and ongoing projects beginning on October 1, 2022.
Inserted: (c) Conforming Amendment.--Section 109 of the Water Resources Development Act of 2020 (33 U.S.C. 2212 note; Public Law 116-260) is amended by striking "fiscal years 2021 through 2031" and inserting "fiscal years 2021 through 2022".
Inserted: SEC. 104. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND ALONG RIVERS AND COASTS.
Inserted: (a) In General.--The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to construct, at full Federal expense, a measure benefitting Federal land under the administrative jurisdiction of another Federal agency, if the measure--
Inserted: (1) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress;
Inserted: (2) is included in a detailed project report (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or
Inserted: (3) utilizes dredged material from a water resources development project beneficially.
Inserted: (b) Applicability.--This section shall apply to a measure for which construction is initiated after the date of enactment of this Act.
Inserted: (c) Exclusion.--In this section, the term "Federal land" does not include a military installation.
Inserted: (d) Savings Provisions.--Nothing in this section precludes--
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Inserted: (1) a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that benefits that land; or
Inserted: (2) the Secretary, at the request of the non-Federal interest for a study for a project for flood or coastal storm risk management, from using funds made available to the Secretary for water resources development investigations to formulate measures to reduce risk to a military installation, if the non-Federal interest shares in the cost to formulate those measures to the same extent that the non-Federal interest is required to share in the cost of the study.
Inserted: (e) Repeal.--
Inserted: (1) In general.--Section 1025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2226) is repealed.
Inserted: (2) Conforming amendment.--The table of contents in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1025.
Inserted: SEC. 105. POLICY AND TECHNICAL STANDARDS.
Inserted: Consistent with the 5-year administrative publication life cycle of the Department of the Army, the Secretary shall revise, rescind, or certify as current, as applicable, each publication for the civil works programs of the Corps of Engineers.
Inserted: SEC. 106. PLANNING ASSISTANCE TO STATES.
Inserted: (a) In General.--Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) in paragraph (3), by striking "section 236 of title 10" and inserting "section 4141 of title 10"; and
(B) by adding at the end the following:
Struck: "(2) Economically disadvantaged communities.-- Notwithstanding subsection (b)(1) and the limitation in section 1156 of the Water Resources Development Act of 1986, as applicable pursuant to paragraph (1) of this subsection, the Secretary is authorized to waive the collection of fees for any local government to which assistance is provided under subsection (a) that the Secretary determines is 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).".
Struck: (b) Watershed Planning and Technical Assistance.--In providing assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) or pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the Secretary shall, upon request, provide such assistance at a watershed scale.
Struck: SEC. 110. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES; OUTREACH.
Struck: (a) In General.--It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States, including Indian Tribes and urban and rural 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)).
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Struck: (b) Outreach and Access.--
Struck: (1) In general.--The Secretary shall develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on--
Struck: (A) technical service programs, including the authorities under--
Struck: (i) section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a);
Struck: (ii) section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16); and
Struck: (iii) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269); and
Struck: (B) continuing authority programs, as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
Struck: (2) Implementation.--In carrying out this subsection, the Secretary shall--
Struck: (A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary;
Struck: (B) establish and make publicly available (including on a publicly available website), an appropriate point of contact at each district and division office of the Corps of Engineers for inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary;
Struck: (C) conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary;
Struck: (D) issue guidance for, and provide technical assistance through technical service programs to, non- Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; and
Struck: (E) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges.
Struck: (3) Prioritization.--In carrying out this subsection, the Secretary shall prioritize awareness, education, and outreach and engagement efforts for urban and rural economically disadvantaged communities and Indian Tribes.
Struck: SEC. 111. PROJECT PLANNING ASSISTANCE.
Struck: Section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)--
Struck: (1) in subsection (b)(2)--
Struck: (A) in subparagraph (A), by striking "publish" and inserting "annually publish"; and
Struck: (B) in subparagraph (C), by striking "select" and inserting ", subject to the availability of appropriations, annually select"; and
Struck: (2) in subsection (c)(2), in the matter preceding subparagraph (A), by striking "projects" and inserting "projects annually".
Struck: SEC. 112. MANAGED AQUIFER RECHARGE STUDY AND WORKING GROUP.
Struck: (a) Study.--
Struck: (1) In general.--The Secretary shall, in consultation with applicable non-Federal interests, conduct a study at Federal expense to determine the feasibility of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion.
Struck: (2) Requirements.--In carrying out the study under this subsection, the Secretary shall--
Struck: (A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects;
Struck: (B) identify opportunities to carry out managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity; and
Struck: (C) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.
Struck: (3) Coordination.--In carrying out the study under this subsection, the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes.
Struck: (b) Working Group.--
Struck: (1) In general.--Not later than 180 days after the date of enactment, the Secretary shall establish a managed aquifer recharge working group within the Corps of Engineers.
Struck: (2) Composition.--In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with--
Struck: (A) projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought;
Struck: (B) protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality;
Struck: (C) aquifer storage, recharge, and recovery wells;
Struck: (D) dams that provide recharge enhancement benefits;
Struck: (E) groundwater hydrology;
Struck: (F) conjunctive use water systems; and
Struck: (G) agricultural water resources, including the use of aquifers for irrigation purposes.
Struck: (3) Duties.--The working group established under this subsection shall--
Struck: (A) advise and assist in the development and execution of the feasibility study under subsection (a);
Struck: (B) coordinate Corps of Engineers expertise on managed aquifer recharge;
Struck: (C) share Corps of Engineers-wide communications on the successes and failures, questions and answers, and conclusions and recommendations with respect to managed aquifer recharge projects;
Struck: (D) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness to non-Federal interests on the potential benefits of carrying out managed aquifer recharge projects; and
Struck: (E) develop the report required to be submitted under subsection (c).
Struck: (c) Report to Congress.--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 managed aquifer recharge that includes--
Struck: (1) the results of the study conducted under subsection (a), including data collected under such study and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes;
Struck: (2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled "Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience", published in April 2020 (2020- WP-01); and
Struck: (3) an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible.
Struck: (d) Definitions.--In this section:
Struck: (1) Managed aquifer recharge.--The term "managed aquifer recharge" means the intentional banking and treatment of water in aquifers for storage and future use.
Struck: (2) Managed aquifer recharge project.--The term "managed aquifer recharge project" means a project to incorporate managed aquifer recharge features into a water resources development project.
Struck: SEC. 113. FLOOD EASEMENT DATABASE.
Struck: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and maintain a database containing an inventory of--
Struck: (1) all floodplain and flowage easements held by the Corps of Engineers; and
Struck: (2) other federally held floodplain and flowage easements with respect to which other Federal agencies submit information to the Secretary.
Struck: (b) Contents.--The Secretary shall include in the database established under subsection (a)--
Struck: (1) with respect to each floodplain and flowage easement included in the database--
Struck: (A) the location of the land subject to the easement (including geographic information system information);
Struck: (B) a brief description of such land, including the acreage and ecosystem type covered by the easement;
Struck: (C) the Federal agency that holds the easement;
Struck: (D) any conditions of the easement, including--
Struck: (i) the amount of flooding, timing of flooding, or area of flooding covered by the easement;
Struck: (ii) any conservation requirements; and
Struck: (iii) any restoration requirements;
Struck: (E) the date on which the easement was acquired; and
Struck: (F) whether the easement is permanent or temporary, and if the easement is temporary, the date on which the easement expires; and
Struck: (2) any other information that the Secretary determines appropriate.
Struck: (c) Availability of Information.--The Secretary shall make the full database established under subsection (a) available to the public in searchable form, including on the internet.
Struck: (d) Other Federal Easements.--The Secretary shall request information from other Federal agencies to incorporate other federally held floodplain and flowage easements into the database established under subsection (a).
Struck: SEC. 114. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.
Struck: (a) In General.--The Secretary shall, at Federal expense, periodically conduct an assessment of levees constructed by the Secretary or for which the Secretary has financial or operational responsibility, to identify opportunities for the modification (including realignment or incorporation of natural and nature-based features) of levee systems to--
Struck: (1) increase the flood risk reduction benefits of such systems;
Struck: (2) achieve greater flood resiliency; and
Struck: (3) restore hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining the objectives of paragraphs (1) and (2).
Struck: (b) Assessment.--
Struck: (1) Considerations.--In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee--
Struck: (A) an estimate of the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee (which may be the applicable estimate included in the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303), if available);
Struck: (B) the number of times the non-Federal interest has received emergency flood-fighting or repair assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) for the levee, and the total expenditures on postflood repairs over the life of the levee;
Struck: (C) the functionality of the levee with regard to higher precipitation levels, including due to changing climatic conditions and extreme weather events; and
Struck: (D) the potential costs and benefits (including environmental benefits and implications for levee- protected communities located in a Special Flood Hazard Area) from modifying the applicable levee system to restore connections with adjacent floodplains.
Struck: (2) Prioritization.--In conducting an assessment under subsection (a), the Secretary shall prioritize levees--
Struck: (A) associated with an area that has been subject to flooding in two or more events in any 10-year period; and
Struck: (B) for which the non-Federal interest has received emergency flood-fighting or repair assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) with respect to such flood events.
Struck: (3) Coordination.--In conducting an assessment under subsection (a), the Secretary shall coordinate with any non- Federal interest that has financial or operational responsibility for a levee being assessed.
Struck: (c) Flood Plain Management Services.--In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a).
Struck: (d) Report to Congress.--
Struck: (1) In general.--Not later than 18 months after the date of enactment of this section, and periodically 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 on the results of the assessment conducted under subsection (a).
Struck: (2) Inclusion.--The Secretary shall include in each report submitted under paragraph (1)--
Struck: (A) identification of any levee for which the Secretary has conducted an assessment under subsection (a);
Struck: (B) a description of any opportunities identified under such subsection for the modification (including realignment or incorporation of natural and nature- based features) of a levee system, including the potential benefits of such modification for the purposes identified under such subsection; and
Struck: (C) a summary of the information considered and identified under subsection (b)(1).
Struck: (e) Incorporation of Information.--The Secretary shall include in the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) the information included in each report submitted under subsection (d), and make such information publicly available, including on the internet.
Struck: (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.
Struck: SEC. 115. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.
Struck: In any instance where the Secretary requires, as a condition of eligibility for Federal assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), that a non-Federal sponsor of a flood control project undertake an electronic inspection of the portion of such project that is under normal circumstances submerged, the Secretary shall provide to the non-Federal sponsor credit or reimbursement for the cost of carrying out such inspection against the non-Federal share of the cost of repair or restoration of such project carried out under such section.
Struck: SEC. 116. ASSESSMENT OF CORPS OF ENGINEERS DAMS.
Struck: (a) In General.--The Secretary shall conduct an assessment of dams constructed by the Secretary or for which the Secretary has financial or operational responsibility, to identify--
Struck: (1) any dam that is meeting its authorized purposes and that may be a priority for rehabilitation, environmental performance enhancements, or retrofits to add or replace power generation (at a powered or nonpowered dam), and the recommendations of the Secretary for addressing each such dam; and
Struck: (2) any dam that does not meet its authorized purposes, has been abandoned or inadequately maintained, or has otherwise reached the end of its useful life, and the recommendations of the Secretary for addressing each such dam, which may include a recommendation to remove the dam.
Struck: (b) National Dam Inventory and Assessment.--The Secretary shall include in the inventory of dams required by section 6 of the National Dam Safety Program Act (33 U.S.C. 467d) any information and recommendations resulting from the assessment of dams conducted under subsection (a).
Struck: (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 a report on the results of the assessment of dams conducted under subsection (a).
Struck: SEC. 117. NATIONAL LOW-HEAD DAM INVENTORY.
Struck: (a) In General.--The Secretary, in consultation with the heads of appropriate Federal and State agencies, shall--
Struck: (1) establish and maintain a database containing an inventory of low-head dams in the United States that includes--
Struck: (A) the location (including global information system information), ownership, description, current use condition, height, and length of each low-head dam;
Struck: (B) any information on public safety conditions, including signage, at each low-head dam;
Struck: (C) public safety information on the dangers of low-head dams; and
Struck: (D) any other relevant information concerning low- head dams; and
Struck: (2) include in the inventory of dams required by section 6 of the National Dam Safety Program Act (33 U.S.C. 467d) the information described in paragraph (1).
Struck: (b) Inclusion of Information.--In carrying out this section, the Secretary shall include in the database information described in subsection (a)(1) that is provided to the Secretary by Federal and State agencies pursuant to subsection (a).
Struck: (c) Public Availability.--The Secretary shall make the database established under subsection (a) publicly available, including on a publicly available website.
Struck: (d) Low-Head Dam Defined.--In this section, the term "low-head dam" means a manmade structure, built in a river or stream channel, that is designed and built such that water flows continuously over all, or nearly all, of the crest from bank to bank.
Struck: SEC. 118. TRIBAL PARTNERSHIP PROGRAM.
Struck: Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended--
Struck: (1) in subsection (b)--
Struck: (A) in paragraph (2)--
Struck: (i) in subparagraph (B), by striking "and" at the end;
Struck: (ii) by redesignating subparagraph (C) as subparagraph (D); and
Struck: (iii) by inserting after subparagraph (B) the following:
Struck: "(C) technical assistance to an Indian tribe, including--
Struck: "(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and
Struck: "(ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; and"; and
Struck: (B) in paragraph (4), by striking "$18,500,000" each place it appears and inserting "$23,500,000";
Struck: (2) in subsection (d), by adding at the end the following:
Struck: "(6) Technical assistance.--The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent."; and
Struck: (3) in subsection (e), by striking "2024" and inserting "2026".
Struck: SEC. 119. TRIBAL LIAISON.
Struck: (a) In General.--Not later than 60 days after the date of enactment of this Act, for each Corps of Engineers district that contains a Tribal community, the Secretary shall establish a permanent position of Tribal Liaison to--
Struck: (1) serve as a direct line of communication between the Secretary and the applicable Tribal communities; and
Struck: (2) ensure consistency in government-to-government relations.
Struck: (b) Duties.--Each Tribal Liaison shall make recommendations to the Secretary regarding, and be responsible for--
Struck: (1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m));
Struck: (2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;
Struck: (3) identifying and engaging with Tribal communities suffering from water resources challenges;
Struck: (4) improving, expanding, and facilitating government-to- government consultation between Tribal communities and the Corps of Engineers;
Struck: (5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 112 of the Water Resources Development Act of 2020 (33 U.S.C. 2356);
Struck: (6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and
Struck: (7) such other issues identified by the Secretary.
Struck: (c) Uniformity.--Not later than 120 days after the date of enactment of this Act, the Secretary shall finalize guidelines for--
Struck: (1) the duties of Tribal Liaisons under subsection (b); and
Struck: (2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues, and the ability to carry out such duties.
Struck: (d) Funding.--Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item.
Struck: (e) Tribal Community Defined.--In this section, the term "Tribal community" means a community of people who are recognized and defined under Federal law as indigenous people of the United States.
Struck: SEC. 120. TRIBAL ASSISTANCE.
Struck: (a) Definitions.--In this section:
Struck: (1) Bonneville dam.--The term "Bonneville Dam" means the Bonneville Dam, Columbia River, Oregon, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038) and the first section and section 2(a) of the Act of August 20, 1937 (16 U.S.C. 832, 832(a)).
Struck: (2) Dalles dam.--The term "Dalles Dam" means the Dalles Dam, Columbia River, Washington and Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
Struck: (3) John day dam.--The term "John Day Dam" means the John Day Dam, Columbia River, Washington and Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
Struck: (4) Village development plan.--The term "village development plan" means the village development plan required by section 1133(c) of the Water Resources Development Act of 2018 (132 Stat. 3782).
Struck: (b) Clarification of Existing Authority.--
Struck: (1) In general.--The Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for the Dalles Dam to provide replacement villages for each Indian village submerged as a result of the construction of the Bonneville Dam and the John Day Dam.
Struck: (2) Examination.--Before revising and carrying out the village development plan under paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced by the construction of the Bonneville Dam and the John Day Dam.
Struck: (3) Requirements.--In revising the village development plan under paragraph (1), the Secretary shall include, at a minimum--
Struck: (A) an evaluation of sites on both sides of the Columbia River;
Struck: (B) an assessment of suitable private, State, and Federal lands; and
Struck: (C) an estimated cost and tentative schedule for the construction of each replacement village.
Struck: (c) Provision of Assistance on Federal Land.--In carrying out subsection (b)(1), the Secretary may construct housing or provide related assistance on land owned by the United States.
Struck: (d) Acquisition and Disposal of Land.--
Struck: (1) In general.--In carrying out subsection (b)(1), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance.
Struck: (2) Advance acquisition.--The Secretary may acquire land or interests in land under paragraph (1) before completing all required documentation and receiving all required clearances for the construction of housing or related improvements on the land.
Struck: (3) Disposal of unsuitable land.--In the event the Secretary determines that land or an interest in land acquired by the Secretary under paragraph (2) is unsuitable for the purpose for which it was acquired, the Secretary is authorized to dispose of the land or interest in land by sale and credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land.
Struck: (e) Conforming Amendment.--Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
Struck: SEC. 121. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN TRIBES.
Struck: Section 1156(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(a)) is amended--
Struck: (1) in paragraph (1), by striking "and" at the end;
Struck: (2) in paragraph (2), by striking the period at the end and inserting "; and" ; and
Inserted: "(4) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.";
Inserted: (2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively;
Inserted: (3) by inserting after subsection (a) the following:
Inserted: "(b) Outreach.--
Inserted: "(1) In general.--The Secretary is authorized to carry out activities, at full Federal expense--
Inserted: "(A) to inform and educate States and other non-Federal interests about the missions, programs, policies, and procedures of the Corps of Engineers; and
Inserted: "(B) to engage with States and other non-Federal interests to identify specific opportunities to partner with the Corps of Engineers to address water resources development needs.
Inserted: "(2) Staff.--The Secretary shall designate staff in each district office of the Corps of Engineers to provide assistance under this subsection."; and
Inserted: (4) in subsection (d) (as so redesignated), by adding at the end the following:
Inserted: "(3) Outreach.--There is authorized to be appropriated $30,000,000 for each fiscal year to carry out subsection (b).
Inserted: "(4) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).".
Inserted: (b) Conforming Amendment.--Section 3014(b)(3)(B) of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131(b)(3)(B)) is amended by striking section "22(b) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16(b))" and inserting "section 22(c) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16(c))".
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Inserted: SEC. 107. FLOODPLAIN MANAGEMENT SERVICES.
Inserted: Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) in the second sentence, by striking "Surveys and guides" and inserting the following:
Inserted: "(2) Surveys and guides.--Surveys and guides";
Inserted: (B) in the first sentence--
Inserted: (i) by inserting "identification of areas subject to floods due to accumulated snags and other debris," after "inundation by floods of various magnitudes and frequencies,"; and
Inserted: (ii) by striking "In recognition" and inserting the following:
Inserted: "(1) In general.--In recognition"; and
Inserted: (C) by adding at the end the following:
Inserted: "(3) Identification of assistance.--
Inserted: "(A) In general.--To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards.
Inserted: "(B) Coordination.--The Secretary shall coordinate activities under this paragraph with activities described in subsection (b) of section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16).";
Inserted: (2) by redesignating subsection (d) as subsection (e); and
Inserted: (3) by inserting after subsection (c) the following:
Inserted: "(d) Institutions of Higher Education.--Notwithstanding section 4141 of title 10, United States Code, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.".
Inserted: SEC. 108. WORKFORCE PLANNING.
Inserted: (a) Definition of Historically Black College or University.--In this section, the term "historically Black college or university" has the meaning given the term "part B institution" in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
Inserted: (b) Authorization.--The Secretary is authorized to carry out activities, at full Federal expense--
Inserted: (1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and
Inserted: (2) to recruit individuals for careers at the Corps of Engineers.
Inserted: (c) Partnering Entities.--In carrying out activities under this section, the Secretary may enter into partnerships with--
Inserted: (1) public and nonprofit elementary and secondary schools;
Inserted: (2) community colleges;
Inserted: (3) technical schools;
Inserted: (4) colleges and universities, including historically Black colleges and universities; and
Inserted: (5) other institutions of learning.
Inserted: (d) Prioritization.--The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are located in economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).
Inserted: (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2027.
Inserted: SEC. 109. CREDIT IN LIEU OF REIMBURSEMENT.
Inserted: (a) In General.--Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) by striking "or" before "an authorized coastal navigation project";
Inserted: (B) by inserting "or any other water resources development project for which the Secretary is authorized to reimburse the non-Federal interest for the Federal share of construction or operation and maintenance," before "the Secretary"; and
Inserted: (C) by striking "of the project" and inserting "to construct, periodically nourish, or operate and maintain the project";
Inserted: (2) in each of subsections (b) and (c), by striking "flood damage reduction and coastal navigation" each place it appears and inserting "water resources development"; and
(3) by adding at the end the following:
Struck: "(3) for any organization that--
Struck: "(A) is composed primarily of people who are--
Struck: "(i) recognized and defined under Federal law as indigenous people of the United States; and
Struck: "(ii) from a specific community; and
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Struck: "(B) assists in the social, cultural, and educational development of such people in that community.".
Struck: SEC. 122. SENSE OF CONGRESS ON COVID-19 IMPACTS TO COASTAL AND INLAND NAVIGATION.
Struck: It is the sense of Congress that, for fiscal years 2023 and 2024, the Secretary should, to the maximum extent practicable, seek to maintain the eligibility of a donor port, energy transfer port, or medium-sized donor port, as defined in section 2106(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(a)), that received funding under section 2106 of such Act in fiscal year 2020, but that the Secretary determines would no longer be eligible for such funding as a result of a demonstrable impact on the calculations required by the definitions of a donor port, energy transfer port, or medium-sized donor port contained in such section due to a reduction in domestic cargo shipments related to the COVID-19 pandemic.
Struck: SEC. 123. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL FACILITIES.
Struck: (a) Authority.--The Secretary is authorized to conduct assessments of the availability of confined aquatic disposal facilities for the disposal of contaminated dredged material.
Struck: (b) Information and Comment.--In conducting an assessment under this section, the Secretary shall--
Struck: (1) solicit information from stakeholders on potential projects that may require disposal of contaminated sediments in a confined aquatic disposal facility;
Struck: (2) solicit information from the applicable division of the Corps of Engineers on the need for confined aquatic disposal facilities; and
Struck: (3) provide an opportunity for public comment.
Struck: (c) North Atlantic Division Region Assessment.--In carrying out subsection (a), the Secretary shall prioritize conducting an assessment of the availability of confined aquatic disposal facilities in the North Atlantic Division region for the disposal of contaminated dredged material in such region.
Struck: (d) Report to Congress.--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 results of any assessments conducted under this section, including any recommendations of the Secretary for the construction of new confined aquatic disposal facilities or expanded capacity for confined aquatic disposal facilities.
Struck: (e) Definition.--In this section, the term "North Atlantic Division region" means the area located within the boundaries of the North Atlantic Division of the Corps of Engineers.
Struck: SEC. 124. STRATEGIC PLAN ON BENEFICIAL USE OF DREDGED MATERIAL.
Struck: (a) In General.--Not later than 18 months 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 a strategic plan that identifies opportunities and challenges relating to furthering the policy of the United States to maximize the beneficial use of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects, as described in section 125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g).
Struck: (b) Consultation.--In developing the strategic plan under subsection (a), the Secretary shall--
Struck: (1) consult with relevant Federal agencies involved in the beneficial use of dredged material;
Struck: (2) solicit and consider input from State and local governments and Indian Tribes, while seeking to ensure a geographic diversity of input from the various Corps of Engineers divisions; and
Struck: (3) consider input received from other stakeholders involved in beneficial use of dredged material.
Struck: (c) Inclusion.--The Secretary shall include in the strategic plan developed under subsection (a)--
Struck: (1) identification of any specific barriers and conflicts that the Secretary determines impede the maximization of beneficial use of dredged material at the Federal, State, and local level, and any recommendations of the Secretary to address such barriers and conflicts;
Struck: (2) identification of specific measures to improve interagency and Federal, State, local, and Tribal communications and coordination to improve implementation of section 125(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g); and
Struck: (3) identification of methods to prioritize the use of dredged material to benefit water resources development projects in areas experiencing vulnerabilities to coastal land loss.
Struck: SEC. 125. FUNDING TO REVIEW MITIGATION BANKING PROPOSALS FROM NON- FEDERAL PUBLIC ENTITIES.
Struck: Section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2352) is amended--
Struck: (1) in the section heading, by inserting "and review proposals" after "permits";
Struck: (2) by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following:
Struck: "(e) Funding To Review Mitigation Bank Proposals.--
Struck: "(1) Definitions.--In this subsection, the terms 'mitigation bank' and 'mitigation bank instrument' have the meanings given those terms in section 230.91 of title 40, Code of Federal Regulations (or any successor regulation).
Struck: "(2) Proposal review.--The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity to expedite the review of a proposal for a mitigation bank for which the non-Federal public entity is the sponsor, without regard to whether the entity plans to sell a portion of the credits generated by a mitigation bank instrument of the entity to other public or private entities, if the entity enters into an agreement with the Secretary that requires the entity to use for a public purpose any funds obtained from the sale of such credits.
Struck: "(3) Effect on other entities.--To the maximum extent practicable, the Secretary shall ensure that expediting the review of a proposal for a mitigation bank through the use of funds accepted and expended under this subsection does not adversely affect the timeline for review (in the Corps of Engineers district in which the mitigation bank is to be located) of such proposals of other entities that have not contributed funds under this subsection.
Struck: "(4) Effect on review.--In carrying out this subsection, the Secretary shall ensure that the use of funds accepted under paragraph (1) will not impact impartial decisionmaking with respect to proposals for mitigation banks, either substantively or procedurally.
Struck: "(5) Public availability.--
Struck: "(A) In general.--The Secretary shall ensure that all final decisions regarding proposals for mitigation banks carried out using funds authorized under this subsection are made available to the public in a common format, including on the internet, and in a manner that distinguishes final decisions under this subsection from other final actions of the Secretary.
Struck: "(B) Decision document.--The Secretary shall--
Struck: "(i) use a standard decision document for reviewing all proposals using funds accepted under this subsection; and
Struck: "(ii) make the standard decision document, along with all final decisions regarding proposals for mitigation banks, available to the public, including on the internet."; and
Struck: (3) in paragraph (1) of subsection (f), as so redesignated--
Struck: (A) in subparagraph (B), by striking "; and" and inserting a semicolon; and
Struck: (B) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following:
Struck: "(C) a comprehensive list of the proposals for mitigation banks reviewed and approved using funds accepted under subsection (e) during the previous fiscal year, including a description of any effects of such subsection on the timelines for review of proposals of other entities that have not contributed funds under such subsection; and".
Struck: SEC. 126. ENVIRONMENTAL DREDGING.
Struck: (a) In General.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, other Federal and State agencies, and the applicable non-Federal interest, shall coordinate efforts to remove or remediate contaminated sediments and legacy high-phosphorous sediments associated with the following water resources development projects:
Struck: (1) The project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
Struck: (2) the project for navigation, Columbia and Lower Willamette Rivers, Oregon and Washington, in the vicinity of the Albina Turning Basin, River Mile 10, and the Post Office Bar, Portland Harbor, River Mile 2.
Struck: (3) The project for aquatic ecosystem restoration, Mahoning River, Ohio, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
Struck: (4) The project for navigation, South Branch of the Chicago River, Cook County, Illinois, in the vicinity of Collateral Channel.
Struck: (5) The project for ecosystem restoration, Central and Southern Florida Project, Central Everglades Restoration Plan, Florida, in the vicinity of Lake Okeechobee.
Struck: (b) Report to Congress.--Not later than 180 days after the date of enactment of this section, the Secretary and the Administrator of the Environmental Protection Agency shall jointly 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 efforts to remove or remediate contaminated sediments associated with the projects identified in subsection (a), including, if applicable, any specific recommendations for actions or agreements necessary to undertake such work.
Struck: SEC. 127. RESERVE COMPONENT TRAINING AT WATER RESOURCES DEVELOPMENT PROJECTS.
Struck: In carrying out military training activities or otherwise fulfilling military training requirements, units or members of a reserve component of the Armed Forces may perform services and furnish supplies in support of a water resources development project or program of the Corps of Engineers without reimbursement.
Struck: SEC. 128. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM APPROPRIATION FOR IMPROVEMENTS.
Struck: Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is amended--
Inserted: "(d) Applicability.--With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section.".
Inserted: (b) Treatment of Credit Between Projects.--Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting ", or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1)" before the period at the end.
Inserted: SEC. 110. COASTAL COST CALCULATIONS.
Inserted: Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2213a(a)) is amended by inserting "or coastal storm risk management" after "flood risk management".
Inserted: SEC. 111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL COSTS.
Inserted: The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element--
Inserted: (1) authorized to be constructed at full Federal expense;
Inserted: (2) described in section 103(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
Inserted: (3) described in, or modified by an amendment made by, section 307(a) or 309(a), if at any time the cost to acquire the land, easements, and rights-of-way required for the project is projected to exceed the non-Federal share of the cost of the project.
Inserted: SEC. 112. USE OF EMERGENCY FUNDS.
Inserted: Section 5(a) of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended--
Inserted: (1) in paragraph (1), in the first sentence, by inserting ", increase resilience, increase effectiveness in preventing damages from inundation, wave attack, or erosion," after "address major deficiencies"; and
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Inserted: (2) by adding at the end the following:
Inserted: "(6) Work carried out by a non-federal sponsor.--
Inserted: "(A) General rule.--The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1).
Inserted: "(B) Requirements.--
Inserted: "(i) In general.--To be eligible for a payment under subparagraph (C) for the Federal share of a planning, design, or construction activity for repair or restoration work described in paragraph (1), the non-Federal sponsor shall enter into a written agreement with the Secretary before carrying out the activity.
Inserted: "(ii) Compliance with other laws.--The non-Federal sponsor shall carry out all activities under this paragraph in compliance with all laws and regulations that would apply if the activities were carried out by the Secretary.
Inserted: "(C) Payment.--
Inserted: "(i) In general.--The Secretary is authorized to provide payment, in the form of an advance or a reimbursement, to the non-Federal sponsor for the Federal share of the cost of a planning design, or construction activity for the repair or restoration work described in paragraph (1).
Inserted: "(ii) Additional amounts.--If the Federal share of the cost of the activity under this paragraph exceeds the amount obligated by the Secretary under an agreement under subparagraph (B), the advance or reimbursement of such additional amounts shall be at the discretion of the Secretary.
Inserted: "(D) Annual limit on reimbursements not applicable.--Section 102 of the Energy and Water Development Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to an agreement under subparagraph (B).".
Inserted: SEC. 113. RESEARCH AND DEVELOPMENT.
Inserted: (a) In General.--Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended--
Inserted: (1) in the section heading, by striking "collaborative";
Inserted: (2) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
Inserted: (3) by striking subsection (e);
Inserted: (4) by redesignating subsections (b), (c), (d), and (f) as paragraphs (2), (3), (4), and (5), respectively, and indenting appropriately;
Inserted: (5) in subsection (a), by striking "of the Army Corps of Engineers, the Secretary is authorized to utilize Army" and inserting the following: "of the Corps of Engineers, the Secretary is authorized to engage in basic research, applied research, advanced research, and development projects, including such projects that are--
Inserted: "(1) authorized by Congress; or
Inserted: "(2) included in an Act making appropriations for the Corps of Engineers.
Inserted: "(b) Collaborative Research and Development.--
Inserted: "(1) In general.--In carrying out subsection (a), the Secretary is authorized to utilize";
Inserted: (6) in subsection (b) (as so redesignated)--
Inserted: (A) in paragraph (2)(B) (as so redesignated), by striking "this section" and inserting "this subsection";
Inserted: (B) in paragraph (3) (as so redesignated), in the first sentence, by striking "this section" each place it appears and inserting "this subsection";
Inserted: (C) in paragraph (4) (as so redesignated), by striking "subsection (c)" and inserting "paragraph (3)"; and
Inserted: (D) in paragraph (5) (as so redesignated), by striking "this section" and inserting "this subsection;"; and
Inserted: (7) by adding at the end the following:
Inserted: "(c) Other Transactions.--
Inserted: "(1) Authority.--The Secretary may enter into transactions (other than contracts, cooperative agreements, and grants) in order to carry out this section.
Inserted: "(2) Education and training.--The Secretary shall--
Inserted: "(A) ensure that management, technical, and contracting personnel of the Corps of Engineers involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and
Inserted: "(B) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.
Inserted: "(3) Notification.--The Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of a transaction under this subsection not less than 30 days before entering into the transaction.
Inserted: "(4) Report.--Not later than 3 years and not later than 7 years after the date of enactment of the Water Resources Development Act of 2022, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under paragraph (1).
Inserted: "(d) Report.--
Inserted: "(1) In general.--For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on projects carried out under subsection (a).
Inserted: "(2) Contents.--A report under paragraph (1) shall include--
Inserted: "(A) a description of each ongoing and new project, including--
Inserted: "(i) the estimated total cost;
Inserted: "(ii) the amount of Federal expenditures;
Inserted: "(iii) the amount of expenditures by a non-Federal entity as described in subsection (b)(1), if applicable;
Inserted: "(iv) the estimated timeline for completion;
Inserted: "(v) the requesting district of the Corps of Engineers, if applicable; and
Inserted: "(vi) how the project is consistent with subsection (a); and
Inserted: "(B) any additional information that the Secretary determines to be appropriate.
Inserted: "(e) Cost Sharing.--
Inserted: "(1) In general.--Except as provided in subsection (b)(3) and paragraph (2), a project carried out under this section shall be at full Federal expense.
Inserted: "(2) Treatment.--Nothing in this subsection waives applicable cost-share requirements for a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
Inserted: "(f) Savings Clause.--Nothing in this section limits the ability of the Secretary to carry out a project requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
Inserted: "(g) Research and Development Account.--
Inserted: "(1) In general.--There is established a Research and Development account of the Corps of Engineers for the purposes of carrying out this section.
Inserted: "(2) Authorization of appropriations.--There is authorized to be appropriated to the Research and Development account established by paragraph (1) $85,000,000 for each of fiscal years 2023 through 2027.".
Inserted: (b) Forecasting Models for the Great Lakes.--
Inserted: (1) Authorization.--There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes.
Inserted: (2) Savings provision.--Nothing in this subsection precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities described in paragraph (1) for the Great Lakes, if funds are not appropriated for such activities.
Inserted: (c) Monitoring and Assessment Program for Saline Lakes in the Great Basin.--
Inserted: (1) In general.--The Secretary is authorized to carry out a program (referred to in this subsection as the "program") to monitor and assess the hydrology of saline lake ecosystems in the Great Basin, including the Great Salt Lake, to inform and support Federal and non-Federal management and conservation activities to benefit those ecosystems.
Inserted: (2) Coordination.--The Secretary shall coordinate implementation of the program with relevant--
Inserted: (A) Federal and State agencies;
Inserted: (B) Indian Tribes;
Inserted: (C) local governments; and
Inserted: (D) nonprofit organizations.
Inserted: (3) Contracts, grants, and cooperative agreements.--The Secretary is authorized to enter into contracts, grant agreements, and cooperative agreements with institutions of higher education and with entities described in paragraph (2) to implement the program.
Inserted: (4) Update.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an update on the progress of the Secretary in carrying out the program.
Inserted: (5) Additional information.--In carrying out the program, the Secretary may use available studies, information, literature, or data on the Great Basin region published by relevant Federal, State, or local entities.
Inserted: (6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000.
Inserted: (d) Clerical Amendment.--The table of contents contained in section 1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by striking the item relating to section 7 and inserting the following:
Inserted: "Sec. 7. Research and development.".
Inserted: SEC. 114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY COMMITTEE.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Committee.--The term "Committee" means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (b).
Inserted: (2) Economically disadvantaged community.--The term "economically disadvantaged community" has the meaning given the term pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260).
Inserted: (3) Indian tribe.--The term "Indian Tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Inserted: (b) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the "Tribal and Economically Disadvantaged Communities Advisory Committee", to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to economically disadvantaged communities and Indian Tribes.
Inserted: (c) Membership.--The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including--
Inserted: (1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and
Inserted: (2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project.
Inserted: (d) Duties.--
Inserted: (1) Recommendations.--The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in--
Inserted: (A) efficiently and effectively delivering solutions to water resources development projects needs and challenges for economically disadvantaged communities and Indian Tribes;
Inserted: (B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and
Inserted: (C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes.
Inserted: (2) Meetings.--The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
Inserted: (3) Report.--Recommendations provided under paragraph (1) shall be--
Inserted: (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
Inserted: (B) be made publicly available, including on a publicly available website.
Inserted: (e) Independent Judgment.--Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (d)(1) shall reflect the independent judgment of the Committee.
Inserted: (f) Administration.--
Inserted: (1) Compensation.--Except as provided in paragraph (2), the members of the Committee shall serve without compensation.
Inserted: (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
Inserted: (3) Treatment.--The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Inserted: (4) Applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.
Inserted: SEC. 115. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
Inserted: (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the "Non-Federal Interest Advisory Committee" (referred to in this section as the "Committee"), to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance.
Inserted: (b) Membership.--
Inserted: (1) In general.--The Committee shall be composed of the members described in paragraph (2), who shall--
Inserted: (A) be appointed by the Secretary; and
Inserted: (B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges.
Inserted: (2) Representatives.--The members of the Committee shall include the following:
Inserted: (A) A representative of each of the following:
Inserted: (i) A non-Federal interest for a project for navigation for an inland harbor.
Inserted: (ii) A non-Federal interest for a project for navigation for a harbor.
Inserted: (iii) A non-Federal interest for a project for flood risk management.
Inserted: (iv) A non-Federal interest for a project for coastal storm risk management.
Inserted: (v) A non-Federal interest for a project for aquatic ecosystem restoration.
Inserted: (B) A representative of each of the following:
Inserted: (i) A non-Federal stakeholder with respect to inland waterborne transportation.
Inserted: (ii) A non-Federal stakeholder with respect to water supply.
Inserted: (iii) A non-Federal stakeholder with respect to recreation.
Inserted: (iv) A non-Federal stakeholder with respect to hydropower.
Inserted: (v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection.
Inserted: (C) A representative of each of the following:
Inserted: (i) An organization with expertise in conservation.
Inserted: (ii) An organization with expertise in environmental policy.
Inserted: (iii) An organization with expertise in rural water resources.
Inserted: (c) Duties.--
Inserted: (1) Recommendations.--The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in--
Inserted: (A) efficiently and effectively delivering water resources development projects;
Inserted: (B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver projects and other assistance;
Inserted: (C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally-specific recommendations; and
Inserted: (D) strengthening partnerships with non-Federal interests to advance water resources solutions.
Inserted: (2) Meetings.--The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
Inserted: (3) Report.--Recommendations provided under paragraph (1) shall be--
Inserted: (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
Inserted: (B) made publicly available, including on a publicly available website.
Inserted: (d) Independent Judgment.--Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.
Inserted: (e) Administration.--
Inserted: (1) In general.--The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Inserted: (2) Compensation.--Except as provided in paragraph (3), the members of the Committee shall serve without compensation.
Inserted: (3) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
Inserted: (4) Treatment.--The members of the Committee shall not be considered to be Federal employees and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Inserted: SEC. 116. UNDERSERVED COMMUNITY HARBOR PROJECTS.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Project.--The term "project" means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site.
Inserted: (2) Underserved community harbor.--The term "underserved community harbor" means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f))) for which--
Inserted: (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and
Inserted: (B) State and local investments in infrastructure have been made during the preceding 4 fiscal years.
Inserted: (b) In General.--The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors.
Inserted: (c) Justification.--The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of--
Inserted: (1) the local or regional economic benefits; and
Inserted: (2)(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; or
Inserted: (B) other social effects, including protection against loss of life and contributions to local or regional cultural heritage.
Inserted: (d) Cost Share.--The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with--
Inserted: (1) subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and
Inserted: (2) section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the cost of the project other than a portion described in paragraph (1).
Inserted: (e) Clarification.--The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project.
Inserted: (f) Federal Participation Limit.--The Federal share of the cost of a project under this section shall not exceed $10,000,000.
Inserted: (g) Authorization of Appropriations.--
Inserted: (1) In general.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2026.
Inserted: (2) Special rule.--Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects that include the beneficial use of dredged material.
Inserted: (h) Savings Provision.--Carrying out a project under this section shall not affect the eligibility of an underserved community harbor for Federal operation and maintenance funding otherwise authorized for the underserved community harbor.
Inserted: SEC. 117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
Inserted: (a) Findings.--Congress finds that--
Inserted: (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled "Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply" (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent;
Inserted: (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and
Inserted: (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the "Flood Control Act of 1944") (58 Stat. 887, chapter 665; 33 U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
Inserted: (b) Establishment.--
Inserted: (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the "Cooperative Committee").
Inserted: (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws.
Inserted: (3) Membership.--
Inserted: (A) In general.--The Cooperative Committee shall be composed of--
Inserted: (i) the Assistant Secretary of the Army for Civil Works (or a designee);
Inserted: (ii) the Chief of Engineers (or a designee);
Inserted: (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State;
Inserted: (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and
Inserted: (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs.
Inserted: (4) Meetings.--
Inserted: (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee.
Inserted: (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public.
Inserted: (C) Notification.--The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee.
Inserted: (5) Duties.--The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations.
Inserted: (6) Status updates.--
Inserted: (A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes--
Inserted: (i) a summary of the contents of meetings of the Cooperative Committee; and
Inserted: (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations.
Inserted: (B) Comment.--
Inserted: (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations.
Inserted: (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A).
Inserted: (7) Compensation.--
Inserted: (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation.
Inserted: (B) Travel expenses.--The members of the Cooperative Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Cooperative Committee.
Inserted: (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.
Inserted: SEC. 118. UPDATES TO CERTAIN WATER CONTROL MANUALS.
Inserted: On request of the Governor of State in which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for waters in the State, with priority given to those waters that accommodate a water supply project.
Inserted: SEC. 119. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF RECREATION SITES.
Inserted: It is the sense of Congress that the Secretary, as part of the annual work plan, should distribute amounts provided for the operations and maintenance of recreation sites of the Corps of Engineers so that each site receives an amount that is not less than 80 percent of the recreation fees generated by such site in a given year.
Inserted: SEC. 120. RELOCATION ASSISTANCE.
Inserted: In the case of a water resources development project using nonstructural measures for the elevation or modification of a dwelling that is the primary residence of an owner-occupant and that requires the owner-occupant to relocate temporarily from the dwelling during the period of construction, the Secretary may include in the value of the land, easements, and rights-of-way required for the project or measure the documented reasonable living expenses, excluding food and personal transportation, incurred by the owner-occupant during the period of relocation.
Inserted: SEC. 121. REPROGRAMMING LIMITS.
Inserted: (a) Operations and Maintenance.--In reprogramming funds made available to the Secretary for operations and maintenance--
Inserted: (1) the Secretary may not reprogram more than 25 percent of the base amount up to a limit of--
Inserted: (A) $8,500,000 for a project, study, or activity with a base level over $1,000,000; and
Inserted: (B) $250,000 for a project, study, or activity with a base level of $1,000,000 or less; and
Inserted: (2) $250,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation.
Inserted: (b) Investigations.--In reprogramming funds made available to the Secretary for investigations--
Inserted: (1) the Secretary may not reprogram more than $150,000 for a project, study, or activity with a base level over $100,000; and
Inserted: (2) $150,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation for existing obligations and concomitant administrative expenses.
Inserted: SEC. 122. LEASE DURATIONS.
Inserted: The Secretary shall issue guidance on, in the case of a leasing decision pursuant to section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (commonly known as the "Flood Control Act of 1944") (58 Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a lease duration in excess of 25 years is appropriate.
Inserted: SEC. 123. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
Inserted: It is the sense of Congress that in permitting and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets--
Inserted: (1) to project design levels; or
Inserted: (2) if the original project design is outdated, to above project design levels.
Inserted: SEC. 124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM APPROPRIATION FOR IMPROVEMENTS.
Inserted: Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a), is amended--
(1) by striking "Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers," and inserting the following:
"(a) In General.--The personnel described in subsection (b)"; and
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(2) by adding at the end the following:
"(b) Personnel Described.--The personnel referred to in subsection (a) are the following:
"(1) Regular officers of the Corps of Engineers of the Army.
"(2) The following members of the Army who are assigned to the Corps of Engineers:
"(A) Reserve component officers.
"(B) Warrant officers (whether regular or reserve component).
"(C) Enlisted members (whether regular or reserve component).".
Struck: SEC. 129. CIVIL WORKS RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.
Struck: (a) In General.--The Secretary is authorized to carry out basic, applied, and advanced research needs as required to aid in the planning, design, construction, operation, and maintenance of water resources development projects and to support the missions and authorities of the Corps of Engineers.
Struck: (b) Demonstration Projects.--In carrying out subsection (a), the Secretary is authorized to test and apply technology, tools, techniques, and materials developed pursuant to such subsection at authorized water resources development projects, in consultation with the non-Federal interests for such projects.
Struck: (c) Other Transactional Authority.--
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Struck: (1) Authority.--In carrying out subsection (a), and pursuant to the authority under section 4022 of title 10, United States Code, the Secretary is authorized to enter into a transaction to carry out prototype projects to support basic, applied, and advanced research needs that are directly relevant to the civil works missions and authorities of the Corps of Engineers.
Struck: (2) Notification.--Not later than 30 days before the Secretary enters into a transaction under paragraph (1), 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--
Struck: (A) the dollar amount of the transaction; and
Struck: (B) the entity carrying out the prototype project that is the subject of the transaction.
Struck: (3) Report.--Not later than 3 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 describing the use of the authority under this subsection.
Struck: (4) Termination of authority.--The authority provided under this subsection shall terminate 5 years after the date of enactment of this Act.
Struck: (d) Coordination and Consultation.--In carrying out this section, the Secretary may coordinate and consult with Federal agencies, State and local agencies, Indian Tribes, universities, consortiums, councils, and other relevant entities that will aid in the planning, design, construction, operation, and maintenance of water resources development projects.
Struck: (e) Establishment of Account.--The Secretary, in consultation with the Director of the Office of Management and Budget, shall establish a separate appropriations account for administering funds made available to carry out this section.
Struck: (f) Sense of Congress on Focus Areas.--It is the sense of Congress that the Secretary should prioritize using amounts made available to carry out this section for the research, development, testing, and evaluation of technology, tools, techniques, and materials that will--
Struck: (1) advance the use of natural features and nature-based features, as defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a));
Struck: (2) improve the reliability and accuracy of technologies related to water supply;
Struck: (3) improve the management of reservoirs owned and operated by the Corps of Engineers; and
Struck: (4) lead to future cost savings and advance project delivery timelines.
Struck: SEC. 130. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
Struck: Notwithstanding section 4141 of title 10, United States Code, the Secretary may provide assistance through contracts, cooperative agreements, and grants to--
Struck: (1) the University of Missouri to conduct economic analyses and other academic research to improve water management, enhance flood resiliency, and preserve water resources for the State of Missouri, the Lower Missouri River Basin, and Upper Mississippi River Basin; and
Struck: (2) Oregon State University to conduct a study on the associated impacts of wildfire on water resource ecology, water supply, quality, and distribution in the Willamette River Basin and to develop a water resource assessment and management platform for the Willamette River Basin.
Struck: SEC. 131. CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE ASSISTANCE.
Struck: Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended by adding at the end the following:
Struck: "(e) Capacity To Provide Assistance.--In carrying out this section, the Secretary may work with or contract with an institution of higher education, as determined appropriate by the Secretary.".
Struck: SEC. 132. RECORDS REGARDING MEMBERS AND EMPLOYEES OF THE CORPS OF ENGINEERS WHO PERFORM DUTY AT LAKE OKEECHOBEE, FLORIDA, DURING A HARMFUL ALGAL BLOOM.
Struck: (a) Service Records.--The Secretary shall indicate in the service record of a member or employee of the Corps of Engineers who performs covered duty that such member or employee was exposed to microcystin in the line of duty.
Struck: (b) Covered Duty Defined.--In this section, the term "covered duty" means duty performed--
Struck: (1) during a period when the Florida Department of Environmental Protection has determined that there is a concentration of microcystin of greater than 8 parts per billion in the waters of Lake Okeechobee resulting from a harmful algal bloom in such lake; and
Struck: (2) at or near any of the following structures:
Struck: (A) S-77.
Struck: (B) S-78.
Struck: (C) S-79.
Struck: (D) S-80.
Struck: (E) S-308.
Struck: SEC. 133. SENSE OF CONGRESS ON THE MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Struck: It is the sense of Congress that--
Struck: (1) sections 7012(b) and 7013 of the Water Resources Development Act of 2007 (121 Stat. 1280), together with the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234), authorize and direct the Secretary to close and restore the ecosystem adversely affected by the construction and operation of the Mississippi River-Gulf Outlet, Louisiana, at full Federal expense; and
Struck: (2) the Secretary should quickly begin construction of such project using existing authorities.
Struck: SEC. 134. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.
Struck: Section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note) is amended--
Struck: (1) in subsection (a), by striking "aquatic"; and
Struck: (2) in subsection (d)(1), by inserting "ecosystem restoration," after "flood damage reduction,".
Struck: SEC. 135. APPLICABILITY.
Struck: None of the funds appropriated by title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) may be used to carry out this Act, or any amendments made by this Act.
Inserted: SEC. 125. REFORESTATION.
Inserted: The Secretary is encouraged to consider measures to restore swamps and other wetland forests in studies for water resources development projects for ecosystem restoration and flood and coastal storm risk management.
Inserted: SEC. 126. USE OF OTHER FEDERAL FUNDS.
Inserted: Section 2007 of the Water Resources Development Act of 2007 (33 U.S.C. 2222) is amended--
Inserted: (1) by striking "water resources study or project" and inserting "water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))),"; and
Inserted: (2) by striking "the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project" and inserting "the funds appropriated to the Federal agency are for a purpose that is similar or complementary to the purpose of the study or project".
Inserted: SEC. 127. NATIONAL LOW-HEAD DAM INVENTORY.
Inserted: The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
Inserted: "(a) Definitions.--In this section:
Inserted: "(1) Inventory.--The term 'inventory' means the national low-head dam inventory developed under subsection (b)(1).
Inserted: "(2) Low-head dam.--The term 'low-head dam' means a river-wide dam that generally spans a stream channel, blocking the waterway and creating a backup of water behind the dam, with a drop off over the wall of not less than 6 inches and not more than 25 feet.
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Inserted: "(3) Secretary.--The term 'Secretary' means the Secretary of the Army.
Inserted: "(b) National Low-head Dam Inventory.--
Inserted: "(1) In general.--Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the heads of appropriate Federal and State agencies, shall--
Inserted: "(A) develop an inventory of low-head dams in the United States that includes--
Inserted: "(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;
Inserted: "(ii) any information on public safety conditions at each low-head dam;
Inserted: "(iii) public safety information on the dangers of low-head dams;
Inserted: "(iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and
Inserted: "(v) any other relevant information concerning low-head dams; and
Inserted: "(B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Inserted: "(2) Data.--In carrying out this subsection, the Secretary shall--
Inserted: "(A) coordinate with Federal and State agencies and other relevant entities; and
Inserted: "(B) use data provided to the Secretary by those agencies.
Inserted: "(3) Updates.--The Secretary, in consultation with appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory.
Inserted: "(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.
Inserted: "(d) Clarification.--Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.".
Inserted: SEC. 128. TRANSFER OF EXCESS CREDIT.
Inserted: Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended--
Inserted: (1) in subsection (a), by adding at the end the following:
Inserted: "(3) Studies and projects with multiple non-federal interests.--A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any of those non-Federal interests, subject to the condition that each non-Federal interest for the study or project for which the credit described in paragraph (1) is provided concurs in writing.";
Inserted: (2) in subsection (b), by adding at the end the following:
Inserted: "(3) Conditional approval of excess credit.--The Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost sharing agreement or project partnership agreement for that authorized study or project.";
Inserted: (3) by striking subsection (d); and
Inserted: (4) by redesignating subsection (e) as subsection (d).
Inserted: SEC. 129. NATIONAL LEVEE RESTORATION.
Inserted: (a) Definition of Rehabilitation.--Section 9002(13) of the Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
Inserted: (1) by inserting ", or improvement" after "removal"; and
Inserted: (2) by inserting ", increase resiliency to extreme weather events," after "flood risk".
Inserted: (b) Levee Rehabilitation Assistance Program.--Section 9005(h) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is amended--
Inserted: (1) in paragraph (7), by striking "$10,000,000" and inserting "$25,000,000"; and
Inserted: (2) by adding at the end the following:
Inserted: "(11) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).".
Inserted: SEC. 130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
Inserted: Section 1111 of the America's Water Infrastructure Act of 2018 (33 U.S.C. 2326 note; Public Law 115-270) is amended by adding at the end the following:
Inserted: "(e) Inland Waterways Regional Dredge Pilot Program.--
Inserted: "(1) In general.--The Secretary is authorized to establish a pilot program (referred to in this subsection as the 'pilot program') to conduct a multiyear dredging demonstration program to award contracts with a duration of up to 5 years for projects on inland waterways.
Inserted: "(2) Purposes.--The purposes of the pilot program shall be--
Inserted: "(A) to increase the reliability, availability, and efficiency of federally-owned and federally-operated inland waterways projects;
Inserted: "(B) to decrease operational risks across the inland waterways system; and
Inserted: "(C) to provide cost-savings by combining work across multiple projects across different accounts of the Corps of Engineers.
Inserted: "(3) Demonstration.--
Inserted: "(A) In general.--The Secretary shall, to the maximum extent practicable, award contracts for projects on inland waterways that combine work across the Construction and Operation and Maintenance accounts of the Corps of Engineers.
Inserted: "(B) Projects.-- In awarding contracts under subparagraph (A), the Secretary shall consider projects that--
Inserted: "(i) improve navigation reliability on inland waterways that are accessible year-round;
Inserted: "(ii) increase freight capacity on inland waterways; and
Inserted: "(iii) have the potential to enhance the availability of containerized cargo on inland waterways.
Inserted: "(4) Savings clause.--Nothing in this subsection affects the responsibility of the Secretary with respect to the construction and operations and maintenance of projects on the inland waterways system.
Inserted: "(5) Report to congress.--Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program--
Inserted: "(A) cost effectiveness;
Inserted: "(B) reliability and performance;
Inserted: "(C) cost savings attributable to mobilization and demobilization of dredge equipment; and
Inserted: "(D) response times to address navigational impediments.
Inserted: "(6) Sunset.--The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act.".
Inserted: SEC. 131. FUNDING TO PROCESS PERMITS.
Inserted: Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)(2)) is amended--
Inserted: (1) by striking "The Secretary" and inserting the following:
Inserted: "(A) In general.--The Secretary"; and
Inserted: (2) by adding at the end the following:
Inserted: "(B) Multi-user mitigation bank instrument processing.--
Inserted: "(i) In general.--An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if--
Inserted: "(I) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and
Inserted: "(II) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.
Inserted: "(ii) Use of credits.--The use of credits generated by the mitigation bank established using expedited processing under clause (i) shall be limited to current and future projects and activities of the entity, company, or carrier described in subclause (I) of that clause for a public purpose, except that in the case of a non-Federal public entity, not more than 25 percent of the credits may be sold to other public and private entities.".
Inserted: SEC. 132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
Inserted: Section 1043(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121) is amended--
Inserted: (1) in paragraph (3), by inserting "or discrete segment" after "separable element" each place it appears; and
Inserted: (2) by adding at the end the following:
Inserted: "(10) Definition of discrete segment.--In this subsection, the term 'discrete segment' means a physical portion of a project or separable element that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.".
Inserted: SEC. 133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.
Inserted: Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended by adding at the end the following:
Inserted: "(c) Application to Studies.--
Inserted: "(1) Inclusion.--For purposes of this section, the term 'study' includes watershed assessments.
Inserted: "(2) Application.--The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study costs.".
Inserted: SEC. 134. WATER SUPPLY CONSERVATION.
Inserted: Section 1116 of the WIIN Act (130 Stat. 1639) is amended--
Inserted: (1) in subsection (a), in the matter preceding paragraph (1), by striking "during the 1-year period ending on the date of enactment of this Act" and inserting "for at least 2 years during the 10-year period preceding a request from a non-Federal interest for assistance under this section"; and
Inserted: (2) in subsection (b)(4), by inserting ", including measures utilizing a natural feature or nature-based feature (as those terms are defined in section 1184(a)) to reduce drought risk" after "water supply".
Inserted: SEC. 135. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL, REMOTE, AND SUBSISTENCE HARBORS.
Inserted: (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small, remote, and subsistence harbors, taking into account the criteria provided in the joint explanatory statement of managers accompanying division D of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1352).
Inserted: (b) Inclusion in Guidance.--The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
Inserted: (c) Report to Congress.--For fiscal year 2024, and biennially thereafter, in conjunction with the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that identifies the ranking of projects in accordance with the criteria developed under subsection (a).
Inserted: SEC. 136. PROTECTION OF LIGHTHOUSES.
Inserted: Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by inserting "lighthouses, including those lighthouses with historical value," after "schools,".
Inserted: SEC. 137. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Inserted: Section 1008 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2321b) is amended--
Inserted: (1) in subsection (b)(1), by inserting "and to meet the requirements of subsection (b)" after "projects";
Inserted: (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
Inserted: (3) by inserting after subsection (a) the following:
Inserted: "(b) Implementation of Policy.--The Secretary shall--
Inserted: "(1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and
Inserted: "(2) assess opportunities--
Inserted: "(A) to increase the development of hydroelectric power at existing hydroelectric water resources development projects of the Corps of Engineers; and
Inserted: "(B) to develop new hydroelectric power at nonpowered water resources development projects of the Corps of Engineers.".
Inserted: SEC. 138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
Inserted: (a) Definition of Eligible Public Recreation Facility.--In this section, the term "eligible public recreation facility" means a facility at a reservoir operated by the Corps of Engineers that--
Inserted: (1) was constructed to enable public use of and access to the reservoir; and
Inserted: (2) requires repair, restoration, or rehabilitation to function.
Inserted: (b) Authorization.--During a period of low water at an eligible public recreation facility, the Secretary is authorized--
Inserted: (1) to accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and
Inserted: (2) to reimburse the non-Federal interest for the Federal share of the materials, services, or funds.
Inserted: (c) Requirement.--The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services--
Inserted: (1) meet the specifications of the Secretary; and
Inserted: (2) comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Inserted: (d) Agreement.--Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that--
Inserted: (1) specifies that the non-Federal interest shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors;
Inserted: (2) requires that the non-Federal interest shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and
Inserted: (3) includes any other term or condition required by the Secretary.
Inserted: SEC. 139. DREDGED MATERIAL MANAGEMENT PLANS.
Inserted: (a) In General.--The Secretary shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) at federally authorized harbors in the State of Ohio.
Inserted: (b) Requirements.--Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) for a federally authorized harbor in the State of Ohio shall--
Inserted: (1) include, in the baseline conditions, a prohibition on use of funding for open-lake disposal of dredged material consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 217) ; and
Inserted: (2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
Inserted: (c) Savings Provision.--This section does not--
Inserted: (1) impose a prohibition on use of funding for open-lake disposal of dredged material; or
Inserted: (2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law.
Inserted: SEC. 140. LEASE DEVIATIONS.
Inserted: The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658).
Inserted: SEC. 141. COLUMBIA RIVER BASIN.
Inserted: (a) Study of Flood Risk Management Activities.--
Inserted: (1) In general.--Using funds made available to carry out this section, the Secretary is authorized, at Federal expense, to carry out a study to determine the feasibility of a project for flood risk management and related purposes in the Columbia River basin and to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance on Canada for flood risk management in the basin.
Inserted: (2) Coordination.--The Secretary shall carry out the activities described in this subsection in coordination with other Federal and State agencies and Indian Tribes.
Inserted: (b) Funds for Columbia River Treaty Obligations.--
Inserted: (1) In general.--The Secretary is authorized to expend funds appropriated for the purpose of satisfying United States obligations under the Columbia River Treaty to compensate Canada for operating Canadian storage on behalf of the United States under such Treaty.
Inserted: (2) Notification.--If the U.S. entity calls upon Canada to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may incur an obligation to compensate Canada under the Columbia River Treaty--
Inserted: (A) the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate, by not later than 30 days after the initiation of the call, a written notice of the action and a justification, including a description of the circumstances necessitating the call;
Inserted: (B) upon a determination by the United States of the amount of compensation that shall be paid to Canada, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of how such amount was derived, which notification shall not delay or impede the flood risk management mission of the U.S. entity; and
Inserted: (C) the Secretary shall make no payment to Canada for the call under the Columbia River Treaty until such time as funds appropriated for the purpose of compensating Canada under such Treaty are available.
Inserted: (c) Definitions.--In this section:
Inserted: (1) Columbia river basin.--The term "Columbia River basin" means the entire United States portion of the Columbia River watershed.
Inserted: (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.
Inserted: (3) U.S. entity.--The term "U.S. entity" means the entity designated by the United States under Article XIV of the Columbia River Treaty.
Inserted: SEC. 142. CONTINUATION OF CONSTRUCTION.
Inserted: (a) In General.--The Secretary shall not include the amount of Federal obligations incurred and non-Federal contributions provided for an authorized water resources development project during the period beginning on the date of enactment of this Act and ending on September 30, 2025, for purposes of determining if the cost of the project exceeds the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
Inserted: (b) Continuation of Construction.--
Inserted: (1) In general.--The Secretary shall not, solely on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)--
Inserted: (A) defer the initiation or continuation of construction of a water resources development project during the period described in subsection (a); or
Inserted: (B) terminate a contract for design or construction of a water resources development project entered into during the period described in subsection (a) after expiration of that period.
Inserted: (2) Resumption of construction.--The Secretary shall resume construction of any water resources development project for which construction was deferred on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) during the period beginning on October 1, 2021, and ending on the date of enactment of this Act.
Inserted: (c) Statutory Construction.--Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF
[struck: PROPOSED ]FEASIBILITY STUDIES.Struck: (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:
Struck: (1) Dudleyville, arizona.--Project for flood risk management, Dudleyville, Arizona.
Struck: (2) Conn creek dam, california.--Project for flood risk management, Conn Creek Dam, California.
Struck: (3) City of huntington beach, california.--Project for hurricane and storm damage risk reduction, including sea level rise, and shoreline stabilization, City of Huntington Beach, California.
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Struck: (4) Napa river, california.--Project for navigation, Federal Channel of Napa River, California.
Struck: (5) Petaluma river wetlands, california.--Project for ecosystem restoration, City of Petaluma, California.
Struck: (6) City of rialto, california.--Project for ecosystem restoration and flood risk management, City of Rialto and vicinity, California.
Struck: (7) North richmond, california.--Project for hurricane and storm damage risk reduction, including sea level rise, and ecosystem restoration, North Richmond, California.
Struck: (8) Stratford, connecticut.--Project for hurricane and storm damage risk reduction and flood risk management, Stratford, Connecticut.
Struck: (9) Woodbridge, connecticut.--Project for flood risk management, Woodbridge, Connecticut.
Struck: (10) Federal triangle area, washington, district of columbia.--Project for flood risk management, Federal Triangle Area, Washington, District of Columbia, including construction of improvements to interior drainage.
Struck: (11) Potomac and anacostia rivers, washington, district of columbia.--Project for recreational access, including enclosed swimming areas, Potomac and Anacostia Rivers, District of Columbia.
Struck: (12) Washington metropolitan area, washington, district of columbia, maryland, and virginia.--Project for water supply, including the identification of a secondary water source and additional water storage capability for the Washington Metropolitan Area, Washington, District of Columbia, Maryland, and Virginia.
Struck: (13) Duval county, florida.--Project for periodic beach nourishment for the project for hurricane and storm damage risk reduction, Duval County shoreline, Florida, authorized by the River and Harbor Act of 1965 (79 Stat. 1092; 90 Stat. 2933), for an additional period of 50 years, Duval County Shoreline, Florida.
Struck: (14) Town of longboat key, florida.--Project for whole island hurricane and storm damage risk reduction, Town of Longboat Key, Florida.
Struck: (15) Lake runnymede, florida.--Project for ecosystem restoration, Lake Runnymede, Florida.
Struck: (16) Tampa back bay, florida.--Project for flood risk management and hurricane and storm damage risk reduction, including the use of natural features and nature-based features for protection and recreation, Tampa Back Bay, Florida.
Struck: (17) Port tampa bay and mckay bay, florida.--Project for hurricane and storm damage risk reduction, Port Tampa Bay, Florida, including McKay Bay.
Struck: (18) Lake tohopekaliga, florida.--Project for ecosystem restoration and flood risk management, Lake Tohopekaliga, Florida.
Struck: (19) City of albany, georgia.--Project for flood risk management, City of Albany, Georgia.
Struck: (20) City of east point, georgia.--Project for flood risk management, City of East Point, Georgia.
Struck: (21) Flint river basin headwaters, clayton county, georgia.--Project for flood risk management and ecosystem restoration, Flint River Basin Headwaters, Clayton County, Georgia.
Struck: (22) Tybee island, georgia.--Project for periodic beach nourishment for the project for hurricane and storm damage risk reduction, Tybee Island, Georgia, authorized by section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5), for an additional period of 50 years, Tybee Island, Georgia.
Struck: (23) Waikiki, hawaii.--Project for ecosystem restoration and hurricane and storm damage risk reduction, Waikiki, Hawaii.
Struck: (24) Kentucky river and north fork kentucky river, kentucky.--Project for flood risk management on the Kentucky River and North Fork Kentucky River near Beattyville and Jackson, Kentucky.
Struck: (25) Assawompset pond complex, massachusetts.--Project for ecosystem restoration, flood risk management, and water supply, Assawompset Pond Complex, Massachusetts.
Struck: (26) Charles river, massachusetts.--Project for flood risk management and ecosystem restoration, Charles River, Massachusetts.
Struck: (27) Chelsea creek and mill creek, massachusetts.--Project for flood risk management and ecosystem restoration, including bank stabilization, City of Chelsea, Massachusetts.
Struck: (28) Connecticut river streambank erosion, massachusetts, vermont, and new hampshire.--Project for streambank erosion, Connecticut River, Massachusetts, Vermont, and New Hampshire.
Struck: (29) Deerfield river, massachusetts.--Project for flood risk management and ecosystem restoration, Deerfield River, Massachusetts.
Struck: (30) Town of north attleborough, massachusetts.--Project for ecosystem restoration and flood risk management between Whiting's and Falls ponds, North Attleborough, Massachusetts.
Struck: (31) Town of hull, massachusetts.--Project for flood risk management and hurricane and storm damage risk reduction, Hull, Massachusetts.
Struck: (32) City of revere, massachusetts.--Project for flood risk management and marsh ecosystem restoration, City of Revere, Massachusetts.
Struck: (33) Lower east side, detroit, michigan.--Project for flood risk management, Lower East Side Detroit, Michigan.
Struck: (34) Elijah root dam, michigan.--Project for dam removal, by carrying out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), Elijah Root Dam, Michigan.
Struck: (35) Grosse pointe shores and grosse pointe farms, michigan.--Project for ecosystem restoration and flood risk management, Grosse Pointe Shores and Grosse Pointe Farms, Michigan.
Struck: (36) Southeast michigan, michigan.--Project for flood risk management, Wayne, Oakland, and Macomb Counties, Michigan.
Struck: (37) Tittabawassee river watershed, michigan.--Project for flood risk management, ecosystem restoration, and related conservation benefits, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Midland County, Michigan.
Struck: (38) Southwest mississippi, mississippi.--Project for ecosystem restoration and flood risk management, Wilkinson, Adams, Warren, Claiborne, Franklin, Amite, and Jefferson Counties, Mississippi.
Struck: (39) Camden and gloucester county, new jersey.--Project for tidal and riverine flood risk management, Camden and Gloucester Counties, New Jersey.
Struck: (40) Edgewater, new jersey.--Project for flood risk management, Edgewater, New Jersey.
Struck: (41) Maurice river, new jersey.--Project for navigation and for beneficial use of dredged materials for hurricane and storm damage risk reduction and ecosystem restoration, Maurice River, New Jersey.
Struck: (42) Northern new jersey inland flooding, new jersey.-- Project for inland flood risk management in Hudson, Essex, Union, Bergen, Hunterdon, Morris, Somerset, Warren, Passaic, and Sussex Counties, New Jersey.
Struck: (43) Riser ditch, new jersey.--Project for flood risk management, including channel improvements, and other related water resource needs related to Riser Ditch in the communities of South Hackensack, Hasbrouck Heights, Little Ferry, Teterboro, and Moonachie, New Jersey.
Struck: (44) Rockaway river, new jersey.--Project for flood risk management and ecosystem restoration, including bank stabilization, Rockaway River, New Jersey.
Struck: (45) Tenakill brook, new jersey.--Project for flood risk management, Tenakill Brook, New Jersey.
Struck: (46) Verona, cedar grove, and west caldwell, new jersey.-- 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.
Struck: (47) Whippany river watershed, new jersey.--Project for flood risk management, Morris County, New Jersey.
Struck: (48) Lake farmington dam, new mexico.--Project for water supply, Lake Farmington Dam, New Mexico.
Struck: (49) Mcclure dam, new mexico.--Project for dam safety improvements and flood risk management, McClure Dam, City of Santa Fe, New Mexico.
Struck: (50) Brooklyn navy yard, new york.--Project for flood risk management and hurricane and storm damage risk reduction, Brooklyn Navy Yard, New York.
Struck: (51) Upper east river and flushing bay, new york.--Project for ecosystem restoration, Upper East River and Flushing Bay, New York.
Struck: (52) Hutchinson river, new york.--Project for flood risk management and ecosystem restoration, Hutchinson River, New York.
Struck: (53) Mohawk river basin, new york.--Project for flood risk management, navigation, and environmental restoration, Mohawk River Basin, New York.
Struck: (54) Newtown creek, new york.--Project for ecosystem restoration, Newtown Creek, New York.
Struck: (55) Saw mill river, new york.--Project for flood risk management and ecosystem restoration to address areas in the City of Yonkers and the Village of Hastings-on-Hudson within the 100-year flood zone, Saw Mill River, New York.
Struck: (56) Mineral ridge dam, ohio.--Project for dam safety improvements and rehabilitation, Mineral Ridge Dam, Ohio.
Struck: (57) Brodhead creek watershed, pennsylvania.--Project for ecosystem restoration and flood risk management, Brodhead Creek Watershed, Pennsylvania.
Struck: (58) Chartiers creek watershed, pennsylvania.--Project for flood risk management, Chartiers Creek Watershed, Pennsylvania.
Struck: (59) Coplay creek, pennsylvania.--Project for flood risk management, Coplay Creek, Pennsylvania.
Struck: (60) Berkeley county, south carolina.--Project for ecosystem restoration and flood risk management, Berkeley County, South Carolina.
Struck: (61) Big sioux river, south dakota.--Project for flood risk management, City of Watertown and vicinity, South Dakota.
Struck: (62) Tennessee-tombigbee river basins, tennessee.--Project to deter, impede, or restrict the dispersal of aquatic nuisance species in the Tennessee-Tombigbee River Basins, Tennessee.
Struck: (63) El paso county, texas.--Project for flood risk management for economically disadvantaged communities, as defined by the Secretary pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), along the United States-Mexico border, El Paso County, Texas.
Struck: (64) Gulf intracoastal waterway-channel to palacios, texas.--Project for navigation, Gulf Intracoastal Waterway- Channel to Palacios, Texas.
Struck: (65) Sikes lake, texas.--Project for ecosystem restoration and flood risk management, Sikes Lake, Texas.
Struck: (66) Southwest border region, texas.--Project for flood risk management for economically disadvantaged communities, as defined by the Secretary pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), along the United States-Mexico border in Webb, Zapata, and Starr Counties, Texas.
Struck: (67) Lower clear creek and dickinson bayou, texas.--Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas.
Struck: (68) Cedar island, virginia.--Project for ecosystem restoration, hurricane and storm damage risk reduction, and navigation, Cedar Island, Virginia.
Struck: (69) Ballinger creek, washington.--Project for ecosystem restoration, City of Shoreline, Washington.
Struck: (70) City of north bend, washington.--Project for water supply, City of North Bend, Washington.
Struck: (71) Taneum creek, washington.--Project for ecosystem restoration, Taneum Creek, Washington.
Struck: (72) City of huntington, west virginia.--Project for flood risk management, Huntington, West Virginia.
(
[struck: b][inserted: a])[struck: Project Modifications][inserted: In General].--The Secretary is authorized to[struck: conduct a][inserted: investigate the] feasibility[struck: study for ][inserted: of ]the following[struck: project modifications][inserted: projects]:Struck: (1) Shingle creek and kissimmee river, florida.-- Modifications to the project for ecosystem restoration and water storage, Shingle Creek and Kissimmee River, Florida, authorized by section 201(a)(5) of the Water Resources Development Act of 2020 (134 Stat. 2670), for flood risk management.
Struck: (2) Jacksonville harbor, florida.--Modifications to the project for navigation, Jacksonville Harbor, Florida, authorized by section 7002 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364), for outer channel improvements.
Struck: (3) Savannah harbor, georgia.--Modifications to the project for navigation, Savannah Harbor Expansion Project, Georgia, authorized by section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364; 132 Stat. 3839), without evaluation of additional deepening.
Struck: (4) Cedar river, cedar rapids, iowa.--Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan.
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Struck: (5) Yabucoa harbor, puerto rico.--Modification to the project for navigation, Yabucoa Harbor, Puerto Rico, authorized by section 3 of the Act of August 30, 1935 (chapter 831, 49 Stat. 1048), for assumption of operations and maintenance.
Struck: (6) Salem river, salem county, new jersey.--Modifications to the project for navigation, Salem River, Salem County, New Jersey, authorized by section 1 of the Act of March 2, 1907 (chapter 2509, 34 Stat. 1080), to increase the authorized depth.
Struck: (7) Everett harbor and snohomish river, washington.-- Modifications to the project for navigation, Everett Harbor and Snohomish River, Washington, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 732), for the Boat Launch Connector Channel.
Struck: (8) Hiram m. chittenden locks, lake washington ship canal, washington.--Modifications to the Hiram M. Chittenden Locks (also known as Ballard Locks), Lake Washington Ship Canal, Washington, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 666), for the construction of fish ladder improvements, including efforts to address elevated temperature and low dissolved oxygen levels in the Canal.
Struck: (9) Port townsend, washington.--Modifications to the project for navigation, Port Townsend, Washington, authorized by section 110 of the Rivers and Harbor Act of 1950 (64 Stat. 169), for the Boat Haven Marina Breakwater.
Struck: SEC. 202. EXPEDITED COMPLETION.
Struck: (a) Feasibility Studies.--The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
Struck: (1) Project for navigation, Branford Harbor and Stony Creek Channel, Connecticut.
Struck: (2) Project for navigation, Guilford Harbor and Sluice Channel, Connecticut.
Struck: (3) Project for ecosystem restoration, Western Everglades, Florida.
Struck: (4) Project for hurricane and storm damage risk reduction, Miami, Dade County, Florida.
Struck: (5) Project for ecosystem restoration, recreation, and other purposes, Illinois River, Chicago River, Calumet River, Grand Calumet River, Little Calumet River, and other waterways in the vicinity of Chicago, Illinois, authorized by section 201(a)(7) of the Water Resources Development Act of 2020 (134 Stat. 2670).
Struck: (6) Project for hurricane and storm damage risk reduction, Chicago Shoreline, Illinois, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664; 128 Stat. 1372).
Struck: (7) Project for hurricane and storm damage risk reduction, South Central Coastal Louisiana, Louisiana.
Struck: (8) Modifications to the project for navigation, Baltimore Harbor and Channels-Seagirt Loop Deepening, Maryland, including to a depth of 50 feet.
Struck: (9) Project for New York and New Jersey Harbor Channel Deepening Improvements, New York and New Jersey.
Struck: (10) Project for hurricane and storm damage risk reduction, South Shore of Staten Island, New York.
Struck: (11) Project for flood risk management, Rio Grande de Loiza, Puerto Rico.
Struck: (12) Project for flood risk management, Rio Guanajibo, Puerto Rico.
Struck: (13) Project for flood risk management, Rio Nigua, Salinas, Puerto Rico.
Struck: (14) Project for hurricane and storm damage risk reduction, Charleston Peninsula, South Carolina.
Struck: (b) Post-Authorization Change Reports.--The Secretary shall expedite completion of a post-authorization change report for the following projects:
Inserted: (1) Project for ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon.
Inserted: (2) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan.
Inserted: (3) Project for flood risk management, Southeast Michigan.
Inserted: (4) Project for flood risk management, McMicken Dam, Arizona.
Inserted: (5) Project for flood risk management, Ellicott City and Howard County, Maryland.
Inserted: (6) Project for flood risk management, Ten Mile River, North Attleboro, Massachusetts.
Inserted: (7) Project for flood risk management and water supply, Fox-Wolf Basin, Wisconsin.
Inserted: (8) Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut.
Inserted: (9) Project for flood and coastal storm risk management, Cape Fear River Basin, North Carolina.
Inserted: (10) Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas.
Inserted: (11) Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas.
Inserted: (12) Project for flood risk management, including levee improvement, Papillion Creek, Nebraska.
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Inserted: (13) Project for flood risk management, Offutt Ditch Pump Station, Nebraska.
Inserted: (14) Project for flood risk management, navigation, and ecosystem restoration, Mohawk River Basin, New York.
Inserted: (15) Project for coastal storm risk management, Waikiki Beach, Hawaii.
Inserted: (16) Project for ecosystem restoration and coastal storm risk management, Cumberland and Sea Islands, Georgia.
Inserted: (17) Project for flood risk management, Wailupe Stream watershed, Hawaii.
Inserted: (18) Project for flood and coastal storm risk management, Hawaii County, Hawaii.
Inserted: (19) Project for coastal storm risk management, Maui County, Hawaii.
Inserted: (20) Project for flood risk management, Sarpy County, Nebraska.
Inserted: (21) Project for aquatic ecosystem restoration, including habitat for endangered salmon, Columbia River Basin.
Inserted: (22) Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky.
Inserted: (23) Project for flood risk management and water supply, Jenkins, Kentucky.
Inserted: (24) Project for flood risk management, including riverbank stabilization, Columbus, Kentucky.
Inserted: (25) Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore, Long Island, New York.
Inserted: (26) Project for flood risk management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York.
Inserted: (27) Project for navigation, Cumberland River, Kentucky.
Inserted: (28) Project for ecosystem restoration and water supply, Great Salt Lake, Utah.
Inserted: (b) Project Modifications.--The Secretary is authorized to investigate the feasibility of the following modifications to the following projects:
Inserted: (1) Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements.
Inserted: (2) Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.
Inserted: (3) Modifications to the project for flood control, Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172, chapter 188), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas.
Inserted: (4) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan.
Inserted: (5) Modifications to the project for navigation, Savannah Harbor, Georgia, without evaluation of additional deepening.
Inserted: (6) Modifications to the project for navigation, Honolulu Harbor, Hawaii, for navigation improvements and coastal storm risk management.
Inserted: (7) Modifications to the project for navigation, Port of Ogdensburg, New York, including deepening.
Inserted: (8) Modifications to the Huntington Local Protection Project, Huntington, West Virginia.
Inserted: SEC. 202. SPECIAL RULES.
Inserted: (a) The studies authorized by paragraphs (12) and (13) of section 201(a) shall be considered a continuation of the study that resulted in the Chief's Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022.
Inserted: (b) The study authorized by section 201(a)(17) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003.
Inserted: (c) In carrying out the study authorized by section 201(a)(21), the Secretary shall only formulate measures and alternatives to be consistent with the authorized purposes of existing Federal projects while also maintaining the benefits of such projects.
Inserted: (d) In carrying out the study authorized by section 201(a)(25), the Secretary shall study the South Shore of Long Island, New York, as a whole system, including inlets that are Federal channels.
Inserted: (e) The studies authorized by section 201(b) shall be considered new phase investigations afforded the same treatment as a general reevaluation.
Inserted: SEC. 203. EXPEDITED COMPLETION OF STUDIES.
Inserted: (a) Feasibility Reports.--The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
Inserted: (1) Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (commonly known as the "Flood Control Act of 1936") (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), and section 3 of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 639, chapter 377), for flood risk management and ecosystem restoration.
Inserted: (2) Project for coastal storm risk management, Charleston Peninsula, South Carolina.
Inserted: (3) Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Maiden, and Everett, Massachusetts.
Inserted: (4) Project for flood risk management, De Soto County, Mississippi.
Inserted: (5) Project for coastal storm risk management, Chicago shoreline, Illinois.
Inserted: (6) Project for flood risk management, Cave Buttes Dam, Arizona.
Inserted: (7) Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
Inserted: (8) Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a study resolution of the Committee on Transportation and Infrastructure of the House of Representatives dated July 23, 1997.
Inserted: (9) Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
Inserted: (10) Project for flood risk management, East Hartford Levee System, Connecticut.
Inserted: (11) Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712).
Inserted: (12) Project for coastal storm risk management, Sea Bright to Manasquan, New Jersey.
Inserted: (13) Project for coastal storm risk management, Raritan Bay and Sandy Hook Bay, New Jersey.
Inserted: (14) Project for coastal storm risk management, St. Tammany Parish, Louisiana.
Inserted: (15) Project for ecosystem restoration, Fox River, Illinois, authorized by section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
Inserted: (16) Project for ecosystem restoration, Chicago River, Illinois.
Inserted: (17) Project for ecosystem restoration, Lake Okeechobee, Florida.
Inserted: (18) Project for ecosystem restoration, Western Everglades, Florida.
Inserted: (19) Modifications to the project for navigation, Hilo Harbor, Hawaii.
Inserted: (20) Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, North Carolina.
Inserted: (21) Modifications to the project for navigation, Auke Bay, Alaska.
Inserted: (b) Post-authorization Change Reports.--The Secretary shall expedite completion of a post-authorization change report for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).
Struck: (2) Project for ecosystem restoration, Central and Southern Florida, Indian River Lagoon, Florida, authorized by section 1001(14) of the Water Resources Development Act of 2007 (121 Stat. 1051).
Struck: (c) Great Lakes Coastal Resiliency Study.--The Secretary shall expedite the completion of the comprehensive assessment of water resources needs for the Great Lakes System under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as required by section 1219 of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2683).
Struck: (d) Maintenance of Navigation Channels.--The Secretary shall expedite the completion of a determination of the feasibility of improvements proposed by a non-Federal interest under section 204(f)(1)(A)(i) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)(1)(A)(i)), for the following:
Struck: (1) Deepening and widening of the navigation project for Coos Bay, Oregon, authorized by the Act of March 3, 1879 (chapter 181, 20 Stat. 370).
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Struck: (2) Improvements to segment 1B of the navigation project for Houston Ship Channel Expansion Channel Improvement Project, Harris, Chambers, and Galveston Counties, Texas, authorized by section 401(1)(7) of the Water Resources Development Act of 2020 (134 Stat. 2734).
Struck: SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
Struck: 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:
Struck: (1) Mare island strait, california.--The study for navigation, Mare Island Strait channel, authorized by section 406 of the Water Resources Development Act of 1999 (113 Stat. 323), is modified to authorize the Secretary to consider the economic and national security benefits from recent proposals for utilization of the channel for Department of Defense shipbuilding and vessel repair.
Struck: (2) Lake pontchartrain and vicinity, louisiana.--The study for flood risk management and hurricane and storm damage risk reduction, Lake Pontchartrain and Vicinity, Louisiana, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1077), is modified to authorize the Secretary to investigate increasing the scope of the project to provide protection against a 200-year storm event.
Struck: (3) Blackstone river valley, rhode island and massachusetts.--
Struck: (A) In general.--The study for ecosystem restoration, Blackstone River Valley, Rhode Island and Massachusetts, authorized by section 569 of the Water Resources Development Act of 1996 (110 Stat. 3788), is modified to authorize the Secretary to conduct a study for water supply, water flow, and wetland restoration and protection within the scope of the study.
Struck: (B) Incorporation of existing data.--In carrying out the study described in subparagraph (A), the Secretary shall use, to the extent practicable, any existing data for the project prepared under the authority of section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
Struck: (4) Lower saddle river, new jersey.--The study for flood control, Lower Saddle River, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119), is modified to authorize the Secretary to review the previously authorized study and take into consideration changes in hydraulic and hydrologic circumstances and local economic development since the study was initially authorized.
Struck: SEC. 204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
Struck: (a) In General.--The Secretary, at Federal expense, shall conduct an assessment of sediment in reservoirs owned and operated by the Secretary.
Struck: (b) Contents.--For each reservoir for which the Secretary carries out an assessment under subsection (a), the Secretary shall include in the assessment--
Struck: (1) an estimation of the volume of sediment in the reservoir;
Struck: (2) an evaluation of the effects of such sediment on reservoir storage capacity, including a quantification of lost reservoir storage capacity due to the sediment and an evaluation of how such lost reservoir storage capacity affects the allocated storage space for authorized purposes within the reservoir (including, where applicable, allocations for dead storage, inactive storage, active conservation, joint use, and flood surcharge);
Struck: (3) the identification of any additional effects of sediment on the operations of the reservoir or the ability of the reservoir to meet its authorized purposes;
Struck: (4) the identification of any potential effects of the sediment over the 10-year period beginning on the date of enactment of this Act on the areas immediately upstream and downstream of the reservoir;
Struck: (5) the identification of any existing sediment monitoring and management plans associated with the reservoir;
Struck: (6) for any reservoir that does not have a sediment monitoring and management plan--
Struck: (A) an identification of whether a sediment management plan for the reservoir is under development; or
Struck: (B) an assessment of whether a sediment management plan for the reservoir would be useful in the long-term operation and maintenance of the reservoir for its authorized purposes; and
Struck: (7) any opportunities for beneficial use of the sediment in the vicinity of the reservoir.
Struck: (c) Report to Congress; Public Availability.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).
Struck: (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.
Struck: SEC. 205. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND MAINTENANCE RESPONSIBILITIES.
Struck: (a) In General.--The Secretary shall carry out an assessment of the consequences of amending section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) to authorize the operation and maintenance of navigation projects for a harbor or inland harbor constructed by the Secretary at 100-percent Federal cost to a depth of 55 feet.
Struck: (b) Contents.--In carrying out the assessment under subsection (a), the Secretary shall--
Struck: (1) describe all existing Federal navigation projects that are authorized or constructed to a depth of 55 feet or greater;
Struck: (2) describe any Federal navigation project that is likely to seek authorization or modification to a depth of 55 feet or greater during the 10-year period beginning on the date of enactment of this section;
Struck: (3) estimate--
Struck: (A) the potential annual increase in Federal costs that would result from authorizing operation and maintenance of a navigation project to a depth of 55 feet at Federal expense; and
Struck: (B) the potential cumulative increase in such Federal costs during the 10-year period beginning on the date of enactment of this section; and
Struck: (4) assess the potential effect of authorizing operation and maintenance of a navigation project to a depth of 55 feet at Federal expense on other Federal navigation operation and maintenance activities, including the potential impact on activities at donor ports, energy transfer ports, emerging harbor projects, and projects carried out in the Great Lakes Navigation System, as such terms are defined in section 102(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
Struck: (c) Report.--Not later than 18 months 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).
Struck: SEC. 206. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
Struck: (a) 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, and make publicly available (including on a publicly available website), a report that includes--
Struck: (1) a quantification of the expected hopper and pipeline dredging needs of authorized water resources development projects for the 10 years after the date of enactment of this Act, including--
Struck: (A) the dredging needs to--
Struck: (i) construct deepenings or widenings at authorized but not constructed projects and the associated operations and maintenance needs of such projects; and
Struck: (ii) operate and maintain existing Federal navigation channels;
Struck: (B) the amount of dredging to be carried out by the Corps of Engineers for other Federal agencies;
Struck: (C) the dredging needs associated with authorized hurricane and storm damage risk reduction projects (including periodic renourishment); and
Struck: (D) the dredging needs associated with projects for the beneficial use of dredged material authorized by section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note);
Struck: (2) an identification of the Federal appropriations for dredging projects and expenditures from the Harbor Maintenance Trust Fund for fiscal year 2015 and each fiscal year thereafter;
Struck: (3) an identification of the dredging capacity of the domestic hopper and pipeline dredge fleet, including publicly owned and privately owned vessels, in each of the 10 years preceding the date of enactment of this Act;
Struck: (4) an analysis of the ability of the domestic hopper and pipeline dredge fleet to meet the expected dredging needs identified under paragraph (1), including an analysis of such ability in each of the following regions--
Struck: (A) the east coast region;
Struck: (B) the west coast region, including the States of Alaska and Hawaii;
Struck: (C) the gulf coast region; and
Struck: (D) the Great Lakes region;
Struck: (5) an identification of the dredging capacity of domestic hopper and pipeline dredge vessels that are under contract for construction and intended to be used at water resources development projects;
Struck: (6) an identification of any hopper or pipeline dredge vessel expected to be retired or become unavailable during the 10-year period beginning on the date of enactment of this section;
Struck: (7) an identification of the potential costs of using either public or private dredging to carry out authorized water resources development projects; and
Struck: (8) any recommendations of the Secretary for adding additional domestic hopper and pipeline dredging capacity, including adding public and private dredging vessels to the domestic hopper and pipeline dredge fleet to efficiently service water resources development projects.
Struck: (b) Opportunity for Participation.--In carrying out subsection (a), the Secretary shall provide interested stakeholders, including representatives from the commercial dredging industry, with an opportunity to submit comments to the Secretary.
Struck: (c) Sense of Congress.--It is the sense of Congress that the Corps of Engineers should add additional dredging capacity if the addition of such capacity would--
Struck: (1) enable the Corps of Engineers to carry out water resources development projects in an efficient and cost- effective manner; and
Struck: (2) be in the best interests of the United States.
Struck: SEC. 207. MAINTENANCE DREDGING DATA.
Struck: Section 1133(b)(3) of the Water Resources Development Act of 2016 (33 U.S.C. 2326f(b)(3)) is amended by inserting ", including a separate line item for all Federal costs associated with the disposal of dredged material" before the semicolon.
Struck: SEC. 208. REPORT TO CONGRESS ON ECONOMIC VALUATION OF PRESERVATION OF OPEN SPACE, RECREATIONAL AREAS, AND HABITAT ASSOCIATED WITH PROJECT LANDS.
Struck: (a) In General.--The Secretary shall conduct a review of the existing statutory, regulatory, and policy requirements related to the determination of the economic value of lands that--
Struck: (1) may be provided by the non-Federal interest, as necessary, for the construction of a project for flood risk reduction or hurricane and storm risk reduction in accordance with section 103(i) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(i));
Struck: (2) are being maintained for open space, recreational areas, or preservation of fish and wildlife habitat; and
Struck: (3) will continue to be so maintained as part of the project.
Struck: (b) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue 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 the review conducted under subsection (a), including--
Struck: (1) a summary of the existing statutory, regulatory, and policy requirements described in such subsection;
Struck: (2) a description of the requirements and process the Secretary uses to place an economic value on the lands described in such subsection;
Struck: (3) an assessment of whether such requirements and process affect the ability of a non-Federal interest to provide such lands for the construction of a project described in such subsection;
Struck: (4) an assessment of whether such requirements and process directly or indirectly encourage the selection of developed lands for the construction of a project, or have the potential to affect the total cost of a project; and
Struck: (5) the identification of alternative measures for determining the economic value of such lands that could provide incentives for the preservation of open space, recreational areas, and habitat in association with the construction of a project.
Struck: SEC. 209. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
Struck: The Secretary shall conduct a review of projects in the Ouachita River watershed, Arkansas and Louisiana, under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
Struck: SEC. 210. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA.
Struck: Not later than 1 year 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, and make publicly available (including on a publicly available website), a report that provides an updated economic review of the remaining portions of the project for flood damage reduction, Santa Barbara streams, Lower Mission Creek, California, authorized by section 101(b) of the Water Resources Development Act of 2000 (114 Stat. 2577), taking into consideration work already completed by the non-Federal interest.
Struck: SEC. 211. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR, CALIFORNIA.
Struck: In carrying out the disposition study for the project for Salinas Dam (Santa Margarita Lake), California, pursuant to section 202(d) of the Water Resources Development Act of 2020 (134 Stat. 2675), the Secretary shall--
Struck: (1) ensure that the County of San Luis Obispo is provided right of first refusal for any potential conveyance of the project; and
Struck: (2) ensure that the study addresses any potential repairs or modifications to the project necessary to meet Federal and State dam safety requirements prior to transferring the project.
Struck: SEC. 212. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM, CALIFORNIA.
Struck: (a) In General.--Not later than 1 year 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 a report that identifies any real property associated with the Whittier Narrows Dam element of the Los Angeles County Drainage Area project that the Secretary determines--
Struck: (1) is not needed to carry out the authorized purposes of the Whittier Narrows Dam element of such project; and
Struck: (2) could be transferred to the City of Pico Rivera, California, for the replacement of recreational facilities located in such city that were adversely impacted by dam safety construction activities associated with the Whittier Narrows Dam element of such project.
Struck: (b) Los Angeles County Drainage Area Project Defined.--In this section, the term "Los Angeles County Drainage Area project" means the project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611; 130 Stat. 1690).
Struck: SEC. 213. COLEBROOK RIVER RESERVOIR, CONNECTICUT.
Struck: (a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a report that summarizes the benefits, costs, and other effects of terminating the contract described in subsection (b) between the United States and the Metropolitan District, Hartford, Connecticut, relating to reservoir water storage space, including--
Struck: (1) a description of entities that currently use (or have expressed an interest in using) the water provided pursuant to the contract;
Struck: (2) an accounting of the current annual costs, including annual operations and maintenance costs, owed by the Metropolitan District to use the water provided pursuant to the contract;
Struck: (3) an accounting of any unrecovered capital or operation and maintenance costs incurred by the Federal Government in constructing or maintaining the reservoir to accommodate water supply storage as an authorized purpose of the reservoir;
Struck: (4) an accounting of any potential transfer or increase in costs to the Federal Government, to the Metropolitan District, or to any water users that could result from the termination of the contract; and
Struck: (5) any additional information that the Secretary determines appropriate for consideration of termination of the contract.
Struck: (b) Contract.--The contract referred to in subsection (a) is the contract between the United States and the Metropolitan District, Hartford, Connecticut, for the use of water supply storage space in the Colebrook River Reservoir, entered into on February 11, 1965, and modified on October 28, 1975, and titled Contract DA-19-016-CIVENG-65- 203.
Struck: SEC. 214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
Struck: (a) In General.--The Secretary is authorized to carry out a feasibility study for resiliency and comprehensive improvements or modifications to existing water resources development projects in the central and southern Florida area, for the purposes of flood risk management, water supply, ecosystem restoration (including preventing saltwater intrusion), recreation, and related purposes.
Struck: (b) Requirements.--In carrying out the feasibility study under subsection (a), the Secretary--
Struck: (1) is authorized to--
Struck: (A) review the report of the Chief of Engineers on central and southern Florida, published as House Document 643, 80th Congress, 2d Session, and other related reports of the Secretary; and
Struck: (B) recommend cost-effective structural and nonstructural projects for implementation that provide a systemwide approach for the purposes described in subsection (a); and
Struck: (2) shall ensure the study and any projects recommended under paragraph (2) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 132 Stat. 3786).
Struck: SEC. 215. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA CENTRAL GULF COAST.
Struck: (a) In General.--Not later than 24 months after the date of enactment of this Act, the Secretary shall carry out a study, 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, on projects and activities carried out through the Engineer Research and Development Center to restore shellfish habitat and seagrass in coastal estuaries in the Florida Central Gulf Coast.
Struck: (b) Requirements.--In conducting the study under subsection (a), the Secretary shall--
Struck: (1) consult with independent expert scientists and other regional stakeholders with relevant expertise and experience; and
Struck: (2) coordinate with Federal, State, and local agencies providing oversight for both short- and long-term monitoring of the projects and activities described in subsection (a).
Struck: (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000, to remain available until expended.
Struck: SEC. 216. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
Inserted: (2) Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367).
Inserted: (3) Anchorage F modifications to the project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090) and modified by section 1403(a) of the Water Resources Development Act of 2018 (132 Stat. 3840).
Inserted: (4) Project for navigation, Port Everglades, Florida, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709).
Inserted: (c) Watershed and River Basin Assessments.--The Secretary shall expedite the completion of the following assessments under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a):
Inserted: (1) Great Lakes Coastal Resiliency Study, Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
Inserted: (2) Ouachita-Black Rivers, Arkansas and Louisiana.
Inserted: (3) Project for watershed assessment, Hawaii County, Hawaii.
Inserted: (d) Disposition Study.--The Secretary shall expedite the completion of the disposition study for the Los Angeles County Drainage Area under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
Inserted: (e) Additional Direction.--The post-authorization change report for the project described in subsection (b)(3) shall be completed not later than December 31, 2023.
Inserted: SEC. 204. STUDIES FOR PERIODIC NOURISHMENT.
Inserted: (a) In General.--Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f)) is amended--
Inserted: (1) in subsection (b)--
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Inserted: (A) in paragraph (1), by striking "15" and inserting "50"; and
Inserted: (B) in paragraph (2), by striking "15";
Inserted: (2) in subsection (e)--
Inserted: (A) by striking "10-year period" and inserting "16-year period"; and
Inserted: (B) by striking "6 years" and inserting "12 years"; and
Inserted: (3) by adding at the end the following:
Inserted: "(f) Treatment of Studies.--A study carried out under subsection (b) shall be considered a new phase investigation afforded the same treatment as a general reevaluation.".
Inserted: (b) Indian River Inlet Sand Bypass Plant.--For purposes of the project for coastal storm risk management, Delaware Coast Protection, Delaware (commonly known as the "Indian River Inlet Sand Bypass Plant"), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant.
Inserted: SEC. 205. NEPA REPORTING.
(a) Definitions.--In this section:
Struck: (1) Central and southern florida project.--The term "Central and Southern Florida Project" has the meaning given that term in section 601 of the Water Resources Development Act of 2000.
Struck: (2) Northern estuaries.--The term "northern estuaries" means the Caloosahatchee Estuary, Charlotte Harbor, Indian River Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.
Struck: (3) South florida ecosystem.--
Struck: (A) In general.--The term "South Florida ecosystem" means the area consisting of the land and water within the boundary of the South Florida Water Management District in effect on July 1, 1999.
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Struck: (B) Inclusions.--The term "South Florida ecosystem" includes--
Struck: (i) the Everglades;
Struck: (ii) the Florida Keys;
Struck: (iii) the contiguous near-shore coastal water of South Florida; and
Struck: (iv) Florida's Coral Reef.
Struck: (4) Study area.--The term "study area" means all lands and waters within--
Struck: (A) the northern estuaries;
Struck: (B) the South Florida ecosystem; and
Struck: (C) the study area boundaries of the Indian River Lagoon National Estuary Program and the Coastal and Heartland Estuary Partnership, authorized pursuant to section 320 of the Federal Water Pollution Control Act.
Struck: (b) Proposed Comprehensive Plan.--
Struck: (1) Development.--The Secretary shall develop, in cooperation with the non-Federal sponsors of the Central and Southern Florida project and any relevant Federal, State, and Tribal agencies, a proposed comprehensive plan for the purpose of restoring, preserving, and protecting the northern estuaries.
Struck: (2) Inclusions.--In carrying out paragraph (1), the Secretary shall develop a proposed comprehensive plan that provides for ecosystem restoration within the northern estuaries, including the elimination of harmful discharges from Lake Okeechobee.
Struck: (3) Submission.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress for approval--
Struck: (A) the proposed comprehensive plan developed under this subsection; and
Struck: (B) recommendations for future feasibility studies within the study area for the ecosystem restoration of the northern estuaries.
Struck: (4) Interim reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter until the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall submit to Congress an interim report on the development of the proposed comprehensive plan.
Struck: (5) Additional studies and analyses.--Notwithstanding the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall continue to conduct such studies and analyses after the date of such submission as are necessary for the purpose of restoring, preserving, and protecting the northern estuaries.
Struck: (c) Limitation.--Nothing in this section shall be construed to require the alteration or amendment of the schedule for completion of the Comprehensive Everglades Restoration Plan.
Struck: SEC. 217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN IMPLEMENTATION.
Struck: (a) Report.--Not later than 180 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 that provides an update on--
Struck: (1) Comprehensive Everglades Restoration Plan projects, as authorized by or pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132 U.S.C. 3786);
Struck: (2) the review of the Lake Okeechobee Regulation Schedule pursuant to section 1106 of the Water Resources Development Act of 2018 (132 Stat. 3773) and section 210 of the Water Resources Development Act of 2020 (134 U.S.C. 2682); and
Struck: (3) any additional water resources development projects and studies included in the South Florida Ecosystem Restoration Plan Integrated Delivery Schedule prepared in accordance with part 385 of title 33, Code of Federal Regulations.
Struck: (b) Contents.--The Secretary shall include in the report submitted under subsection (a) the status of each authorized water resources development project or study described in such subsection, including--
Struck: (1) an estimated implementation or completion date of the project or study; and
Struck: (2) the estimated costs to complete implementation or construction, as applicable, of the project or study.
Struck: SEC. 218. REVIEW OF RECREATIONAL HAZARDS AT BUFORD DAM, LAKE SIDNEY LANIER, GEORGIA.
Struck: The Secretary shall--
Struck: (1) carry out a review of potential threats to human life and safety from use of designated recreational areas at the Buford Dam, Lake Sidney Lanier, Georgia, authorized by section 1 of the Act of July 24, 1946 (chapter 595, 60 Stat. 635); and
Struck: (2) install such technologies and other measures, including sirens, strobe lights, and signage, that the Secretary, based on the review carried out under paragraph (1), determines necessary for alerting the public of hazardous water conditions or to otherwise minimize or eliminate any identified threats to human life and safety.
Struck: SEC. 219. REVIEW OF RECREATIONAL HAZARDS AT THE BANKS OF THE MISSISSIPPI RIVER, LOUISIANA.
Struck: The Secretary shall--
Struck: (1) carry out a review of potential threats to human life and safety from use of designated recreational areas at the banks of the Mississippi River, Louisiana; and
Struck: (2) install such technologies and other measures, including sirens, strobe lights, and signage at such recreational areas that the Secretary, based on the review carried out under paragraph (1), determines necessary for alerting the public of hazardous water conditions or to otherwise minimize or eliminate any identified threats to human life and safety.
Struck: SEC. 220. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS RIVER.
Struck: (a) Study.--The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall, at Federal expense, periodically carry out a study to--
Struck: (1) evaluate the flow frequency probabilities of the Upper Mississippi River and the Illinois River; and
Struck: (2) develop updated water surface profiles for such rivers.
Struck: (b) Area of Evaluation.--In carrying out subsection (a), the Secretary shall conduct analysis along the mainstem of the Mississippi River from upstream of the Minnesota River confluence near Anoka, Minnesota, to just upstream of the Ohio River confluence near Cairo, Illinois, and along the Illinois River from Dresden Island Lock and Dam to the confluence with the Mississippi River, near Grafton, Illinois.
Struck: (c) Reports.--Not later than 5 years after the date of enactment of this Act, and not less frequently than every 20 years 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 containing the results of a study carried out under subsection (a).
Struck: (d) Public Availability.--Any information developed under subsection (a) shall be made publicly available, including on a publicly available website.
Struck: SEC. 221. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE VALLEY, OREGON.
Struck: (a) Disposition Study.--
Struck: (1) In general.--The Secretary shall carry out a disposition study to determine the Federal interest in, and identify the effects of, deauthorizing hydropower as an authorized purpose, in whole or in part, of the Willamette Valley hydropower project.
Struck: (2) Contents.--In carrying out the disposition study under paragraph (1), the Secretary shall review the effects of deauthorizing hydropower on--
Struck: (A) Willamette Valley hydropower project operations;
Struck: (B) other authorized purposes of such project;
Struck: (C) cost apportionments;
Struck: (D) dam safety;
Struck: (E) compliance with the requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.); and
Struck: (F) the operations of the remaining dams within the Willamette Valley hydropower project.
Struck: (3) Recommendations.--If the Secretary, through the disposition study authorized by paragraph (1), determines that hydropower should be removed as an authorized purpose of any part of the Willamette Valley hydropower project, the Secretary shall also investigate and recommend any necessary structural or operational changes at such project that are necessary to achieve an appropriate balance among the remaining authorized purposes of such project or changes to such purposes.
Struck: (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall issue 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 that describes--
Struck: (1) the results of the disposition study on deauthorizing hydropower as a purpose of the Willamette Valley hydropower project; and
Struck: (2) any recommendations required under subsection (a)(3).
Struck: (c) Definition.--In this section, the term "Willamette Valley hydropower project" means the system of dams and reservoir projects authorized to generate hydropower and the power features that operate in conjunction with the main regulating dam facilities, including the Big Cliff, Dexter, and Foster re-regulating dams in the Willamette River Basin, Oregon, as authorized by section 4 of the Flood Control Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177; 68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
Struck: SEC. 222. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT, TEXAS.
Struck: The Secretary shall expedite the completion of a feasibility study for modifications of the project for navigation, Houston Ship Channel Expansion Channel Improvement Project, Harris, Chambers, and Galveston Counties, Texas, authorized by section 401 of the Water Resources Development Act of 2020 (134 Stat. 2734), to incorporate into the project the construction of barge lanes immediately adjacent to either side of the Houston Ship Channel from Bolivar Roads to Morgan's Point to a depth of 12 feet.
Struck: SEC. 223. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT, TEXAS.
Inserted: (1) Categorical exclusion.--The term "categorical exclusion" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (2) Environmental assessment.--The term "environmental assessment" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (3) Environmental impact statement.--The term "environmental impact statement" means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Inserted: (4) Finding of no significant impact.--The term "finding of no significant impact" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (5) NEPA process.--
Inserted: (A) In general.--The term "NEPA process" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (B) Period.--For purposes of subparagraph (A), the NEPA process--
Inserted: (i) begins on the date on which the Secretary initiates a project study; and
Inserted: (ii) ends on the date on which the Secretary issues, with respect to the project study--
Inserted: (I) a record of decision, including, if necessary, a revised record of decision;
Inserted: (II) a finding of no significant impact; or
Inserted: (III) a categorical exclusion under title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
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Inserted: (6) Project study.--The term "project study" means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for which a categorical exclusion, an environmental assessment, or an environmental impact statement is required pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Inserted: (b) Reports.--
Inserted: (1) NEPA data.--
Inserted: (A) In general.--The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in subparagraph (B).
Inserted: (B) Information described.--The information referred to in subparagraph (A) is, with respect to the Corps of Engineers--
Inserted: (i) the number of project studies for which a categorical exclusion was used during the reporting period;
Inserted: (ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted;
Inserted: (iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation;
Inserted: (iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii);
Inserted: (v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted;
Inserted: (vi) the number of project studies for which an environmental impact statement was issued during the reporting period;
Inserted: (vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and
Inserted: (viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted.
Inserted: (2) Public access to nepa reports.--The Secretary shall make publicly available each annual report required under paragraph (1).
Inserted: SEC. 206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND SCHEDULE.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the factors and conditions for each ongoing water resources development project carried out by the Secretary for which--
Inserted: (1) the current estimated total project cost of the project exceeds the original estimated total project cost of the project by not less than $50,000,000; or
Inserted: (2) the current estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years.
Inserted: (b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a).
Inserted: SEC. 207. GAO STUDY ON PROJECT DISTRIBUTION.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an analysis of the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the previous 10 fiscal years and the factors that have led to that distribution.
Inserted: (b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the analysis under subsection (a).
Inserted: SEC. 208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND MAINTENANCE.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary.
Inserted: (b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
Inserted: SEC. 209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION PRACTICES.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers.
Inserted: (b) Content.--The review under subsection (a) shall include an evaluation of--
Inserted: (1) the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled "Compensatory Mitigation for Losses of Aquatic Resources" (73 Fed. Reg. 19594), including, at a minimum--
Inserted: (A) the extent to which the final rule is consistently implemented by the districts of the Corps of Engineers; and
Inserted: (B) the performance of each of the mitigation mechanisms included in the final rule; and
Inserted: (2) opportunities to utilize alternative methods to satisfy mitigation requirements of water resources development projects, including, at a minimum, performance-based contracts.
Inserted: (c) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
Inserted: (d) Definition of Performance-based Contract.--In this section, the term "performance-based contract" means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance.
Inserted: SEC. 210. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT, TEXAS.
The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine-Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
Struck: SEC. 224. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Struck: The Secretary shall expedite the completion of a feasibility study for the modification of the project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090; 132 Stat. 3840) to incorporate the widening and deepening of Anchorage F into the project.
Struck: SEC. 225. COASTAL VIRGINIA, VIRGINIA.
Struck: (a) In General.--In carrying out the feasibility study for the project for flood risk management, ecosystem restoration, and navigation, Coastal Virginia, authorized by section 1201(9) of the Water Resources Development Act of 2018 (132 Stat. 3802), the Secretary is authorized to enter into a written agreement with any Federal agency that owns or operates property in the area of the project to accept and expend funds from such Federal agency to include in the study an analysis with respect to property owned or operated by such Federal agency.
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Struck: (b) Information.--The Secretary shall use any relevant information obtained from a Federal agency described in subsection (a) to carry out the feasibility study described in such subsection.
Struck: SEC. 226. WESTERN INFRASTRUCTURE STUDY.
Struck: (a) Comprehensive Study.--The Secretary shall conduct a comprehensive study to evaluate the effectiveness of carrying out additional measures, including measures that use natural features or nature-based features, at or upstream of covered reservoirs, for the purposes of--
Inserted: SEC. 211. GREAT LAKES RECREATIONAL BOATING.
Inserted: Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at full Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under section 455(c) of the Water Resources Development Act of 1999 (42 U.S.C. 1962d-21(c)).
Inserted: SEC. 212. CENTRAL AND SOUTHERN FLORIDA.
Inserted: (a) Evaluation and Report.--
Inserted: (1) Evaluation.--On request and at the expense of the St. Johns River Water Management District, the Secretary shall evaluate the effects of deauthorizing the southernmost 3.5-mile reach of the L-73 levee, Section 2, Osceola County, Florida, on the functioning of the project for flood control and other purposes, Upper St. Johns River Basin, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176).
Inserted: (2) Report.--In carrying out the evaluation under paragraph (1), the Secretary shall--
Inserted: (A) prepare a report that includes the results of the evaluation, including--
Inserted: (i) the advisability of deauthorizing the levee described in that paragraph; and
Inserted: (ii) any recommendations for conditions that should be placed on a deauthorization to protect the interests of the United States and the public; and
Inserted: (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the report under subparagraph (A) as part of the annual report submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
Inserted: (b) Comprehensive Central and Southern Florida Study.--
Inserted: (1) In general.--The Secretary is authorized to carry out a feasibility study for resiliency and comprehensive improvements or modifications to existing water resources development projects in central and southern Florida, for the purposes of flood risk management, water supply, ecosystem restoration (including preventing saltwater intrusion), recreation, and related purposes.
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Inserted: (2) Requirements.--In carrying out the feasibility study under paragraph (1), the Secretary--
Inserted: (A) is authorized--
Inserted: (i) to review the report of the Chief of Engineers for central and southern Florida (House Document 643, 80th Congress, 2d Session), and other related reports of the Secretary; and
Inserted: (ii) to recommend cost-effective structural and nonstructural projects for implementation that provide a systemwide approach for the purposes described in that paragraph; and
Inserted: (B) shall ensure the study and any projects recommended under subparagraph (A)(ii) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786).
Inserted: SEC. 213. INVESTMENTS FOR RECREATION AREAS.
Inserted: (a) Findings.--Congress finds the following:
Inserted: (1) The Corps of Engineers operates more recreation areas than any other Federal or State agency, apart from the Department of the Interior.
Inserted: (2) Nationally, visitors to nearly 600 dams and lakes, managed by the Corps of Engineers, spend an estimated $12,000,000,000 per year and support 500,000 jobs.
Inserted: (3) Lakes managed by the Corps of Engineers are economic drivers that support rural communities.
Inserted: (b) Sense of Congress.--It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers.
Inserted: (c) Report.--Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers.
Inserted: (d) Requirements.--The report under subsection (c) shall include--
Inserted: (1) a list of deferred maintenance projects, including maintenance projects relating to recreational facilities, sites, and associated access roads;
Inserted: (2) a plan to fund the projects described in paragraph (1) over the 5-year period following the date of enactment of this Act;
Inserted: (3) a description of efforts made by the Corps of Engineers to coordinate investments in recreational facilities, sites, and associated access roads with--
Inserted: (A) State and local governments; or
Inserted: (B) private entities; and
Inserted: (4) an assessment of whether the modification of Federal contracting requirements could accelerate the availability of funds for the projects described in paragraph (1).
Inserted: SEC. 214. WESTERN INFRASTRUCTURE STUDY.
Inserted: (a) Definitions of Natural Feature and Nature-based Feature.--In this section, the terms "natural feature" and "nature-based feature" have the meanings given those terms in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
Inserted: (b) Comprehensive Study.--The Secretary shall conduct a comprehensive study (referred to in this section as the "study") to evaluate the effectiveness of carrying out additional measures, including measures that utilize natural features or nature-based features at or upstream of reservoirs for the purposes of--
(1) sustaining operations in response to changing hydrological and climatic conditions;
(2) mitigating the risk of drought or floods, including the loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
Struck: (b) Study Focus.--In conducting the study under subsection (a), the Secretary shall include all covered reservoirs located in the South Pacific Division of the Corps of Engineers.
Inserted: (c) Study Focus.--In conducting the study, the Secretary shall include all reservoirs owned and operated by the Secretary and reservoirs for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (commonly known as the "Flood Control Act of 1944") (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the South Pacific Division of the Corps of Engineers.
(
[struck: c][inserted: d]) Consultation and Use of Existing Data.--(1) Consultation.--In conducting the study
[struck: under subsection (a)], the Secretary shall consult with applicable--(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) [inserted: other ]stakeholders, as determined appropriate by the Secretary.
(2) Use of existing data and prior studies.--
[struck: In conducting ][inserted: To ]the[struck: study under subsection (a), the Secretary shall, to the ]maximum extent practicable and where appropriate[inserted: , the Secretary may]--(A) use existing data provided to the Secretary by entities described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies and projects carried out by the Secretary; and
(ii) the
[struck: relevant][inserted: latest] technical data and scientific approaches with respect to changing hydrological and climatic conditions.(
[struck: d][inserted: e]) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on[struck: Transportation][inserted: Environment] and[struck: Infrastructure ][inserted: Public Works ]of the[struck: House of Representatives ][inserted: Senate ]and the Committee on[struck: Environment][inserted: Transportation] and[struck: Public Works ][inserted: Infrastructure ]of the[struck: Senate ][inserted: House of Representatives ]a report that describes--(1) the results of the study; and
(2) any recommendations
[struck: for ][inserted: on site-specific areas where ]additional study[struck: in specific geographic areas][inserted: is recommended by the Secretary].(
[struck: e][inserted: f]) Savings Provision.--Nothing in this section provides authority to the Secretary to change the authorized purposes[struck: of][inserted: at] any[struck: covered reservoir][inserted: of the reservoirs described in subsection (c)].Struck: (f) Definitions.--In this section:
Struck: (1) Covered reservoir.--The term "covered reservoir" means a reservoir owned and operated by the Secretary or for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (33 U.S.C. 709).
Struck: (2) Natural feature and nature-based feature.--The terms "natural feature" and "nature-based feature" have the meanings given such terms in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)).
Struck: SEC. 227. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS.
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Struck: (a) 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, and make publicly available (including on a publicly available website), a report that describes and documents the use of contracts and subcontracts with Small Disadvantaged Businesses in carrying out the water resources development authorities of the Secretary.
Struck: (b) Information.--The Secretary shall include in the report under subsection (a) information on the distribution of funds to Small Disadvantaged Businesses on a disaggregated basis.
Struck: (c) Definition.--In this section, the term "Small Disadvantaged Business" has the meaning given that term in section 124.1001 of title 13, Code of Federal Regulations (or successor regulations).
Struck: SEC. 228. REPORT ON SOLAR ENERGY OPPORTUNITIES.
Struck: (a) Assessment.--
Struck: (1) In general.--The Secretary, at Federal expense, shall conduct an assessment, in consultation with the Secretary of Energy, of opportunities to install and maintain photovoltaic solar panels (including floating solar panels) at covered projects.
Struck: (2) Contents.--The assessment conducted under paragraph (1) shall--
Struck: (A) include a description of the economic, environmental, and technical viability of installing and maintaining, or contracting with third parties to install and maintain, photovoltaic solar panels at covered projects;
Struck: (B) identify covered projects with a high potential for the installation and maintenance of photovoltaic solar panels and whether such installation and maintenance would require additional authorization;
Struck: (C) account for potential impacts of photovoltaic solar panels at covered projects and the authorized purposes of such projects, including potential impacts on flood risk reduction, recreation, water supply, and fish and wildlife; and
Struck: (D) account for the availability of electric grid infrastructure close to covered projects, including underutilized transmission infrastructure.
Struck: (b) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a).
Struck: (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 to carry out this section.
Struck: (d) Definition.--In this section, the term "covered project" means--
Struck: (1) any property under the control of the Corps of Engineers; and
Struck: (2) any water resources development project constructed by the Secretary or over which the Secretary has financial or operational responsibility.
Struck: SEC. 229. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND TESTING CAPACITY.
Struck: (a) In General.--The Secretary, acting through the Director of the Engineer Research and Development Center, shall carry out an assessment of the current capacity of the Corps of Engineers to model coastal flood mitigation systems and test the effectiveness of such systems in preventing flood damage resulting from coastal storm surges.
Struck: (b) Considerations.--In carrying out the assessment under subsection (a), the Secretary shall--
Struck: (1) identify the capacity of the Corps of Engineers to--
Struck: (A) carry out the testing of the performance and reliability of coastal flood mitigation systems; or
Struck: (B) collaborate with private industries to carry out such testing;
Struck: (2) identify any limitations or deficiencies at Corps of Engineers facilities that are capable of testing the performance and reliability of coastal flood mitigation systems;
Struck: (3) assess any benefits that would result from addressing the limitations or deficiencies identified under paragraph (2); and
Struck: (4) provide recommendations for addressing such limitations or deficiencies.
Struck: (c) Report to Congress.--Not later than 1 year 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).
Struck: SEC. 230. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES DEVELOPMENT PROJECTS.
Struck: (a) In General.--The Secretary shall conduct a review of the existing statutory, regulatory, and policy requirements and procedures related to the use, in relation to the construction of a project for flood risk management, hurricane and storm risk reduction, or environmental restoration, of covered easements that may be provided to the Secretary by non-Federal interests.
Struck: (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on 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 the review conducted under subsection (a), including--
Struck: (1) the findings of the Secretary relating to--
Struck: (A) the minimum rights in property that are necessary to construct, operate, or maintain projects for flood risk management, hurricane and storm risk reduction, or environmental restoration;
Struck: (B) whether increased use of covered easements in relation to such projects could promote greater participation from cooperating landowners in addressing local flooding or environmental restoration challenges;
Struck: (C) whether such increased use could result in cost savings in the implementation of the projects, without any reduction in project benefits; and
Struck: (D) whether such increased use is in the best interest of the United States; and
Struck: (2) any recommendations of the Secretary relating to whether existing requirements or procedures related to such use of covered easements should be revised to reflect the results of the review.
Struck: (c) Definition.--In this section, the term "covered easement" means an easement or other similar interest in real property that--
Struck: (1) reserves for the Secretary rights in the property that are necessary to construct, operate, or maintain a water resources development project;
Struck: (2) provides for appropriate public use of the property, and retains the right of continued use of the property by the owner of the property, to the extent such uses are consistent with purposes of the covered easement;
Struck: (3) provides access to the property for oversight and inspection by the Secretary;
Struck: (4) is permanently recorded; and
Struck: (5) is enforceable under Federal and State law.
Struck: SEC. 231. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED RESTORATION SERVICES ON LANDS OWNED BY THE CORPS OF ENGINEERS.
Struck: (a) In General.--The Secretary shall carry out an assessment of forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers, including an assessment of whether the provision of such services on such lands by non-Federal interests through good neighbor agreements would be in the best interests of the United States.
Struck: (b) Considerations.--In carrying out the assessment under subsection (a), the Secretary shall--
Struck: (1) describe the forest, rangeland, and watershed restoration services provided by the Secretary on lands owned by the Corps of Engineers;
Struck: (2) assess whether such services, including efforts to reduce hazardous fuels and to restore and improve forest, rangeland, and watershed health (including the health of fish and wildlife habitats) would be enhanced by authorizing the Secretary to enter into a good neighbor agreement with a non- Federal interest;
Struck: (3) describe the process for ensuring that Federal requirements for land management plans for forests on lands owned by the Corps of Engineers remain in effect under good neighbor agreements;
Struck: (4) assess whether Congress should authorize the Secretary to enter into a good neighbor agreement with a non-Federal interest to provide forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers, including by assessing any interest expressed by a non-Federal interest to enter into such an agreement;
Struck: (5) consider whether implementation of a good neighbor agreement on lands owned by the Corps of Engineers would benefit State and local governments and Indian Tribes that are located in the same geographic area as such lands; and
Struck: (6) consult with the heads of other Federal agencies authorized to enter into good neighbor agreements with non- Federal interests.
Struck: (c) Report to Congress.--Not later than 18 months 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).
Struck: (d) Definitions.--In this section:
Struck: (1) Forest, rangeland, and watershed restoration services.--The term "forest, rangeland, and watershed restoration services" has the meaning given such term in section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a).
Struck: (2) Good neighbor agreement.--The term "good neighbor agreement" means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a non-Federal interest to carry out forest, rangeland, and watershed restoration services.
Struck: (3) Lands owned by the corps of engineers.--The term "lands owned by the Corps of Engineers" means any land owned by the Corps of Engineers, but does not include--
Struck: (A) a component of the National Wilderness Preservation System;
Struck: (B) land on which the removal of vegetation is prohibited or restricted by law or Presidential proclamation;
Struck: (C) a wilderness study area; or
Struck: (D) any other land with respect to which the Secretary determines that forest, rangeland, and watershed restoration services should remain the responsibility of the Secretary.
Struck: SEC. 232. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Inserted: SEC. 215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.
Section
[struck: 2040][inserted: 8004]([struck: f][inserted: g]) of the Water Resources Development Act of 2007 (33 U.S.C.[struck: 2345(f][inserted: 652 note; Public Law 110-114])[struck: )]is amended--Struck: (1) in paragraph (1), by striking "Water Resources Development Act of 2016" and inserting "Water Resources Development Act of 2022"; and
Inserted: (1) by redesignating paragraph (2) as paragraph (3); and
(2) by
[struck: striking ][inserted: inserting after ]paragraph ([struck: 2][inserted: 1])[struck: and inserting ]the following:"(2) Report on
[struck: electronic system implementation][inserted: water level management].--[struck: The ][inserted: Not later than 1 year after the date of completion of the comprehensive plan for Mississippi River water level management under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16), the ]Secretary shall submit to the Committee on [inserted: Environment and Public Works of the Senate and the Committee on ]Transportation and Infrastructure of the House of Representatives[struck: and the Committee][inserted: an implementation report] on[struck: Environment and Public Works of ][inserted: opportunities identified in the comprehensive plan to expand ]the[struck: Senate a quarterly report describing ][inserted: use of water level management on ]the[struck: status of ][inserted: Upper Mississippi River and Illinois Waterway System for ]the[struck: implementation][inserted: purpose] of[struck: this section][inserted: ecosystem restoration].".Struck: SEC. 233. REPORT ON CORROSION PREVENTION ACTIVITIES.
Struck: Not later than 180 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, and make publicly available, a report that describes--
Struck: (1) the extent to which the Secretary has carried out section 1033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350);
Struck: (2) the extent to which the Secretary has incorporated corrosion prevention activities (as defined in such section) at water resources development projects constructed or maintained by the Secretary since the date of enactment of such section; and
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Struck: (3) in instances where the Secretary has not incorporated corrosion prevention activities at such water resources development projects since such date, an explanation as to why such corrosion prevention activities have not been incorporated.
Struck: SEC. 234. GAO STUDIES ON MITIGATION.
Struck: (a) Study on Mitigation for Water Resources Development Projects.--
Struck: (1) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct, 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 on the results of a study on projects and activities to mitigate fish and wildlife losses resulting from the construction, or operation and maintenance, of an authorized water resources development project.
Struck: (2) Requirements.--In conducting the study under paragraph (1), the Comptroller General shall--
Struck: (A) investigate the extent to which--
Struck: (i) mitigation projects and activities (including the acquisition of lands or interests in lands) restore the natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife species, as required under section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);
Struck: (ii) mitigation projects or activities (including the acquisition of lands or interests in lands) are undertaken before, or concurrent with, the construction of the project;
Struck: (iii) mitigation projects or activities (including the acquisition of lands or interests in lands) are completed;
Struck: (iv) ongoing mitigation projects or activities are undertaken to mitigate for fish and wildlife losses from the operation and maintenance of a project (including periodic review and updating of such projects or activities);
Struck: (v) the Secretary includes mitigation plans (as required under subsection (d) of such section 906) in any project study, as such term is defined in section 2034(l) of the Water Resources Development Act of 2007 (33 U.S.C. 2343);
Struck: (vi) processing and approval of mitigation projects and activities (including the acquisition of lands or interests in lands) affects the timeline of completion of projects; and
Struck: (vii) mitigation projects and activities (including the acquisition of lands or interests in lands) affect the total cost of projects;
Struck: (B) review any reports submitted to Congress in accordance with section 2036(b) of the Water Resources Development Act of 2007 (121 Stat. 1094) on the status of construction of projects that require mitigation; and
Struck: (C) consult with independent scientists, economists, and other stakeholders with expertise and experience.
Struck: (b) Study on the Compensatory Mitigation.--
Struck: (1) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct, 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 on the results of a study on performance metrics for, compliance with, and adequacy in addressing project impacts of, potential mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Struck: (2) Requirements.--The Comptroller General shall include in the study under paragraph (1) an analysis of--
Struck: (A) the primary mechanisms for fulfilling compensatory mitigation obligations, including--
Struck: (i) mitigation banks;
Struck: (ii) in-lieu fee programs; and
Struck: (iii) direct mitigation by permittees;
Struck: (B) the timeliness of initiation and successful completion of compensatory mitigation activities in relation to when the permitted activity occurs;
Struck: (C) the timeliness of processing and approval of compensatory mitigation activities;
Struck: (D) the costs of carrying out compensatory mitigation activities borne by the Federal Government, permittee, or any other involved entity;
Struck: (E) Federal and State agency oversight and short- and long-term monitoring of the compensatory mitigation activities;
Struck: (F) whether the compensatory mitigation activity successfully replaces any lost or adversely affected habitat with habitat having similar functions of equal or greater ecological value; and
Struck: (G) the continued, long-term success of the compensatory mitigation activities over a 5-, 10-, 20-, and 50-year period.
Struck: (3) Update.--In conjunction with the study under paragraph (1), the Comptroller General shall review and update the findings and recommendations, including a review of Federal agency compliance with such recommendations, in the report of the Comptroller General entitled, "Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring" and dated September 2005 (GAO-05-898).
Struck: SEC. 235. GAO STUDY ON WATERBORNE STATISTICS.
Struck: (a) In General.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the Waterborne Commerce Statistics Center of the Corps of Engineers that includes--
Struck: (1) an assessment of ways in which the Waterborne Commerce Statistics Center can improve the collection of information relating to all commercial maritime activity within the jurisdiction of a port, including the collection and reporting of records of fishery landings and aquaculture harvest; and
Struck: (2) recommendations to improve the collection of such information from non-Federal entities, taking into consideration--
Struck: (A) the cost, efficiency, and accuracy of collecting such information; and
Struck: (B) the protection of proprietary information.
Struck: (b) Report.--Upon completion of the review carried out under subsection (a), 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.
Struck: SEC. 236. GAO STUDY ON THE INTEGRATION OF INFORMATION INTO THE NATIONAL LEVEE DATABASE.
Struck: (a) In General.--Not later than 18 months 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 the Environment and Public Works of the Senate a report on the results of a study on the sharing of levee information and the integration of information into the National Levee Database by the Corps of Engineers and the Federal Emergency Management Agency in accordance with section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303).
Struck: (b) Requirements.--In conducting the study under subsection (a), the Comptroller General shall--
Struck: (1) investigate the information sharing protocols and procedures between the Corps of Engineers and the Federal Emergency Management Agency regarding the construction of new Federal flood protection projects;
Struck: (2) analyze the timeliness of the integration of information relating to newly constructed flood protection projects into the National Levee Database;
Struck: (3) identify any delays between the construction of a new Federal flood protection project and when a policyholder of the National Flood Insurance Program would realize a premium discount due to the construction of a new Federal flood protection project; and
Struck: (4) determine whether current information sharing protocols are adversely impacting the ability of the Secretary to perform accurate benefit-cost analysis for future flood risk management activities.
Struck: TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Struck: SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
Struck: (a) Purposes; Proposed Deauthorization List; Submission of Final List.--Section 301 of the Water Resources Development Act of 2020 (33 U.S.C. 579-2) is amended by striking subsections (a) through (c) and inserting the following:
Struck: "(a) Purposes.--The purposes of this section are--
Struck: "(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to--
Struck: "(A) a lack of local support;
Struck: "(B) a lack of available Federal or non-Federal resources; or
Struck: "(C) an authorizing purpose that is no longer relevant or feasible;
Struck: "(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
Struck: "(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.
Struck: "(b) Proposed Deauthorization List.--
Struck: "(1) Preliminary list of projects.--
Struck: "(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 November 8, 2007, for which--
Struck: "(i) planning, design, or construction was not initiated before the date of enactment of this Act; or
Struck: "(ii) planning, design, or construction was initiated before the date of enactment of this Act, 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.
Struck: "(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).
Struck: "(2) Preparation of proposed deauthorization list.--
Struck: "(A) Proposed list and estimated deauthorization amount.--The Secretary shall--
Struck: "(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
Struck: "(ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.
Struck: "(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.
Struck: "(3) Public comment and consultation.--
Struck: "(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).
Struck: "(B) Comment period.--The public comment period shall be 90 days.
Struck: "(4) Preparation of final deauthorization list.--
Struck: "(A) In general.--The Secretary shall prepare a final deauthorization list by--
Struck: "(i) considering any comments received under paragraph (3); and
Struck: "(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.
Struck: "(B) Appendix.--The Secretary shall include as part of the final deauthorization list an appendix that--
Struck: "(i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and
Struck: "(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.
Struck: "(c) Submission of Final Deauthorization List to Congress for Congressional Review; Publication.--
Struck: "(1) In general.--Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall--
Struck: "(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
Struck: "(B) publish the final deauthorization list and appendix in the Federal Register.
Struck: "(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.".
Struck: (b) Repeal.--Section 301(d) of the Water Resources Development Act of 2020 (33 U.S.C. 579-2(d)) is repealed.
Struck: SEC. 302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Struck: Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a) is amended--
Struck: (1) in subsection (a)--
Struck: (A) in paragraph (5), by striking "and" at the end;
Struck: (B) in paragraph (6), by striking the period at the end and inserting a semicolon; and
Inserted: SEC. 216. WEST VIRGINIA HYDROPOWER.
Inserted: (a) In General.--For water resources development projects described in subsection (b), the Secretary is authorized--
Inserted: (1) to evaluate the feasibility of modifications to such projects for the purposes of adding Federal hydropower or energy storage development; and
Inserted: (2) to grant approval for the use of such projects for non-Federal hydropower or energy storage development in accordance with section 14 of the Act of March 3, 1899 (commonly known as the "Rivers and Harbors Act of 1899") (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
Inserted: (b) Projects Described.--The projects referred to in subsection (a) are the following:
Inserted: (1) Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
Inserted: (2) Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188).
Inserted: (3) Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
Inserted: (4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).
Inserted: (5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421).
Inserted: (6) East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
Inserted: (7) Burnsville Lake, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
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Inserted: (c) Demonstration Projects.--The authority for facility modifications under subsection (a) includes demonstration projects.
Inserted: SEC. 217. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN APPALACHIA.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report prepared under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed or at-risk county (as described in subsection (a)(1) of that section) in Appalachia.
Inserted: (b) Considerations.--In preparing the plan under subsection (a), the Secretary shall consider options for Federal funding, partnerships, and outgrants to Federal, State, and local governments, nonprofit organizations, and commercial businesses.
Inserted: SEC. 218. AUTOMATED FEE MACHINES.
Inserted: For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia.
Inserted: SEC. 219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Inserted: Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following:
Inserted: "(c) Clarifications.--
Inserted: "(1) In general.--At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of that study to satisfy the feasibility determination under subsection (a).
Inserted: "(2) Dispersal barrier.--A dispersal barrier constructed, maintained, or operated under this section may include--
Inserted: "(A) physical hydrologic separation;
Inserted: "(B) nonstructural measures;
Inserted: "(C) deployment of technologies;
Inserted: "(D) buffer zones; or
Inserted: "(E) any combination of the approaches described in subparagraphs (A) through (D).".
Inserted: SEC. 220. REPORT ON CONCESSIONAIRE PRACTICES.
Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on concessionaire lease practices by the Corps of Engineers.
Inserted: (b) Inclusions.--The report under subsection (a) shall include, at a minimum--
Inserted: (1) an assessment of the reasonableness of the formula of the Corps of Engineers for calculating concessionaire rental rates, taking into account the operating margins for sales of food and fuel; and
Inserted: (2) the process for assessing administrative fees to concessionaires across districts of the Corps of Engineers.
Inserted: TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Inserted: SEC. 301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Inserted: (a) Atlanta, Georgia.--Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking "$25,000,000" and inserting "$75,000,000".
Inserted: (b) Eastern Shore and Southwest Virginia.--Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
Inserted: (1) by striking "$20,000,000" and inserting "$52,000,000"; and
Inserted: (2) by striking "Accomac" and inserting "Accomack".
Inserted: (c) Lakes Marion and Moultrie, South Carolina.--Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 2719) is amended by striking "$110,000,000" and inserting "$151,500,000".
Inserted: (d) Lake County, Illinois.--Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221) is amended--
Inserted: (1) in the paragraph heading, by striking "Cook county" and inserting "Cook county and lake county"; and
Inserted: (2) by striking "$35,000,000" and inserting "$100,000,000".
Inserted: (e) Madison and St. Clair Counties, Illinois.--Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 Stat. 2718) is amended by striking "$45,000,000" and inserting "$100,000,000".
Inserted: (f) Calaveras County, California.--Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking "$3,000,000" and inserting "$13,280,000".
Inserted: (g) Los Angeles County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following:
Inserted: "(93) Los angeles county, california.--
Inserted: "(A) In general.--$38,000,000 for wastewater and water related infrastructure, Los Angeles County, California.
Inserted: "(B) Eligibility.--The Water Replenishment District of Southern California may be eligible for assistance under this paragraph.".
Inserted: (h) Michigan.--Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is amended--
Inserted: (1) by striking "$35,000,000 for" and inserting the following:
Inserted: "(A) In general.--$85,000,000 for"; and
Inserted: (2) by adding at the end the following:
Inserted: "(B) Additional projects.--Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.".
Inserted: (i) Myrtle Beach and Vicinity, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following:
Inserted: "(250) Myrtle beach and vicinity, south carolina.--$31,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach and vicinity, South Carolina.".
Inserted: (j) North Myrtle Beach and Vicinity, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following:
Inserted: "(251) North myrtle beach and vicinity, south carolina.--$74,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach and vicinity, South Carolina.".
Inserted: (k) Horry County, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended by adding at the end the following:
Inserted: "(274) Horry county, south carolina.--$19,000,000 for environmental infrastructure, including ocean outfalls, Horry County, South Carolina.".
Inserted: (l) Lane County, Oregon.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (k)) is amended by adding at the end the following:
Inserted: "(275) Lane county, oregon.--$20,000,000 for environmental infrastructure, Lane County, Oregon.".
Inserted: (m) Placer County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (l)) is amended by adding at the end the following:
Inserted: "(276) Placer county, california.--$21,000,000 for environmental infrastructure, Placer County, California.".
Inserted: (n) Alameda County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is amended by adding at the end the following:
Inserted: "(277) Alameda county, california.--$20,000,000 for environmental infrastructure, Alameda County, California.".
Inserted: (o) Temecula City, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (n)) is amended by adding at the end the following:
Inserted: "(278) Temecula city, california.--$18,000,000 for environmental infrastructure, Temecula City, California.".
Inserted: (p) Yolo County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (o)) is amended by adding at the end the following:
Inserted: "(279) Yolo county, california.--$6,000,000 for environmental infrastructure, Yolo County, California.".
Inserted: (q) Clinton, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (p)) is amended by adding at the end the following:
Inserted: "(280) Clinton, mississippi.--$13,600,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Clinton, Mississippi.".
Inserted: (r) Oxford, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (q)) is amended by adding at the end the following:
Inserted: "(281) Oxford, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Oxford, Mississippi.".
Inserted: (s) Madison County, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is amended by adding at the end the following:
Inserted: "(282) Madison county, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Madison County, Mississippi.".
Inserted: (t) Rankin County, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is amended by adding at the end the following:
Inserted: "(283) Rankin county, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Rankin County, Mississippi.".
Inserted: (u) Meridian, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (t)) is amended by adding at the end the following:
Inserted: "(284) Meridian, mississippi.--$10,000,000 for wastewater infrastructure, including stormwater management, drainage systems, and water quality enhancement, Meridian, Mississippi.".
Inserted: (v) Delaware.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) is amended by adding at the end the following:
Inserted: "(285) Delaware.--$50,000,000 for sewer, stormwater system improvements, storage treatment, environmental restoration, and related water infrastructure, Delaware.".
Inserted: (w) Queens, New York.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (v)) is amended by adding at the end the following:
Inserted: "(286) Queens, new york.--$20,000,000 for the design and construction of stormwater management and improvements to combined sewer overflows to reduce the risk of flood impacts, Queens, New York.".
Inserted: (x) Georgia.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (w)) is amended by adding at the end the following:
Inserted: "(287) Georgia.--$75,000,000 for environmental infrastructure, Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, Hart County, Georgia.".
Inserted: (y) Maryland.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) is amended by adding at the end the following:
Inserted: "(288) Maryland.--$100,000,000 for water, wastewater, and other environmental infrastructure, Maryland.".
Inserted: (z) Milwaukee Metropolitan Area, Wisconsin.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (y)) is amended by adding at the end the following:
Inserted: "(289) Milwaukee metropolitan area, wisconsin.--$4,500,000 for water-related infrastructure, resource protection and development, stormwater management, and reduction of combined sewer overflows, Milwaukee metropolitan area, Wisconsin.".
Inserted: (aa) Hawaii.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) is amended by adding at the end the following:
Inserted: "(290) Hawaii.--$75,000,000 for water-related infrastructure, resource protection and development, wastewater treatment, water supply, urban storm water conveyance, environmental restoration, and surface water protection and development, Hawaii.".
Inserted: (bb) Alabama.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (aa)) is amended by adding at the end the following:
Inserted: "(291) Alabama.--$50,000,000 for water, wastewater, and other environmental infrastructure, Alabama.".
Inserted: (cc) Mississippi.--Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is amended by striking "$200,000,000" and inserting "$300,000,000".
Inserted: (dd) Central New Mexico.--Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2255) is amended by striking "$50,000,000" and inserting "$100,000,000".
Inserted: (ee) North Dakota and Ohio.--Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 1140; 121 Stat. 1944) is amended by adding at the end the following:
Inserted: "(i) Authorization of Additional Appropriations.--In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a).".
Inserted: (ff) Western Rural Water.--Section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended--
Inserted: (1) in paragraph (1), by striking "$435,000,000" and inserting "$490,000,000"; and
Inserted: (2) in paragraph (2), by striking "$150,000,000" and inserting "$200,000,000".
Inserted: (gg) Lake Champlain Watershed, Vermont and New York.--Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is amended--
Inserted: (1) in subsection (b)(2)(C), by striking "planning" and inserting "clean water infrastructure planning, design, and construction"; and
Inserted: (2) in subsection (g), by striking "$32,000,000" and inserting "$100,000,000".
Inserted: (hh) Texas.--Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended--
Inserted: (1) in subsection (b), by striking ", as identified by the Texas Water Development Board";
Inserted: (2) in subsection (e)(3), by inserting "and construction" after "design work";
Inserted: (3) by redesignating subsection (g) as subsection (i); and
Inserted: (4) by inserting after subsection (f) the following:
Inserted: "(g) Nonprofit Entities.--In accordance with section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government.
Inserted: "(h) Corps of Engineers Expenses.--Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.".
Inserted: SEC. 302. SOUTHERN WEST VIRGINIA.
Inserted: (a) In General.--Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended--
Inserted: (1) in the section heading, by striking "environmental restoration infrastructure and resource protection development pilot program"; and
Inserted: (2) by striking subsection (f) and inserting the following:
Inserted: "(f) Definition of Southern West Virginia.--In this section, the term 'southern West Virginia' means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.".
Inserted: (b) Clerical Amendment.--The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 (106 Stat. 4799) is amended by striking the item relating to section 340 and inserting the following:
Inserted: "Sec. 340. Southern West Virginia.".
Inserted: SEC. 303. NORTHERN WEST VIRGINIA.
Inserted: (a) In General.--Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
Inserted: (1) in the section heading, by striking "central" and inserting "northern";
Inserted: (2) by striking subsection (a) and inserting the following:
Inserted: "(a) Definition of Northern West Virginia.--In this section, the term 'northern West Virginia' means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.";
Inserted: (3) in subsection (b), by striking "central" and inserting "northern"; and
Inserted: (4) in subsection (c), by striking "central" and inserting "northern".
Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 571 and inserting the following:
Inserted: "Sec. 571. Northern West Virginia.".
Inserted: SEC. 304. LOCAL COOPERATION AGREEMENTS, NORTHERN WEST VIRGINIA.
Inserted: Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended--
Inserted: (1) by striking "$20,000,000 for water and wastewater" and inserting the following:
Inserted: "(A) In general.--$20,000,000 for water and wastewater"; and
Inserted: (2) by adding at the end the following:
Inserted: "(B) Local cooperation agreements.--Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may adopt a model agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371).".
Inserted: SEC. 305. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
Inserted: (a) In General.--In the case of a water resources development project described in subsection (b), the Secretary shall--
Inserted: (1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and
Inserted: (2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project.
Inserted: (b) Authorized Water Resources Development Projects Described.--An authorized water resources development project referred to in subsection (a) is any of the following:
Inserted: (1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278).
Inserted: (2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520).
Inserted: (3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
Inserted: (4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
Inserted: (5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act.
Inserted: (6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
Inserted: (c) Savings Provision.--Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any beach nourishment or renourishment project, under any other provision of Federal law.
Inserted: SEC. 306. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Inserted: Section 103(k)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)(4)) is amended--
Inserted: (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
Inserted: (2) in the matter preceding clause (i) (as so redesignated), by striking "Notwithstanding" and inserting the following:
Inserted: "(A) In general.--Notwithstanding";
Inserted: (3) in subparagraph (A) (as so redesignated)--
Inserted: (A) in clause (i) (as so redesignated)--
Inserted: (i) by striking "$200 million" and inserting "$200,000,000"; and
Inserted: (ii) by striking "and" at the end;
Inserted: (B) in clause (ii) (as so redesignated)--
Inserted: (i) by inserting "an amount equal to \2/3\ of" after "repays"; and
Inserted: (ii) by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
Struck: "(7) sea level rise;
Struck: "(8) coastal storm damage reduction; and
Struck: "(9) streambank and shoreline protection."; and
Struck: (2) in subsection (d)--
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Struck: (A) in paragraph (9), by striking "and" at the end;
Struck: (B) in paragraph (10), by striking the period at the end and inserting a semicolon; and
Inserted: "(iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032."; and
(
[struck: C][inserted: 4]) by adding at the end the following:Struck: "(11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary;
Struck: "(12) Mississippi River Watershed; and
Struck: "(13) Chattahoochee River Basin, Alabama, Florida, and Georgia.".
Struck: SEC. 303. FORECAST-INFORMED RESERVOIR OPERATIONS.
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Struck: (a) Additional Utilization of Forecast-Informed Reservoir Operations.--Section 1222(c) of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661) is amended--
Struck: (1) in paragraph (1), by striking "the Upper Missouri River Basin and the North Platte River Basin" and inserting "the Upper Missouri River Basin, the North Platte River Basin, and the Apalachicola Chattahoochee Flint River Basin"; and
Struck: (2) in paragraph (2)--
Struck: (A) in subparagraph (A), by striking "the Upper Missouri River Basin or the North Platte River Basin" and inserting "the Upper Missouri River Basin, the North Platte River Basin, or the Apalachicola Chattahoochee Flint River Basin"; and
Struck: (B) in subparagraph (B), by striking "the Upper Missouri River Basin or the North Platte River Basin" and inserting "the Upper Missouri River Basin, the North Platte River Basin, or the Apalachicola Chattahoochee Flint River Basin".
Struck: (b) Completion of Reports.--The Secretary shall expedite completion of the reports authorized by section 1222 of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661).
Struck: SEC. 304. LAKES PROGRAM.
Struck: Section 602(a) of the Water Resources Development Act of 1986 (100 Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat. 1076; 134 Stat. 2703) is amended--
Struck: (1) in paragraph (29), by striking "and" at the end;
Struck: (2) in paragraph (30), by striking the period at the end and inserting a semicolon; and
Struck: (3) by adding at the end the following:
Struck: "(31) Salisbury Pond, Worcester, Massachusetts;
Struck: "(32) Baisley Pond, New York;
Struck: "(33) Legacy Park, Decatur, Georgia; and
Struck: "(34) White Rock Lake, Dallas, Texas.".
Struck: SEC. 305. INVASIVE SPECIES.
Struck: (a) Aquatic Invasive Species Research.--Section 1108(a) of the Water Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended by inserting ", hydrilla" after "elodea".
Struck: (b) Harmful Algal Bloom Demonstration Program.--Section 128(c) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended to read as follows:
Struck: "(c) Focus Areas.--In carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in--
Struck: "(1) the Great Lakes;
Struck: "(2) the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey;
Struck: "(3) the coastal and tidal waters of the State of Louisiana;
Struck: "(4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California;
Struck: "(5) the Allegheny Reservoir Watershed, New York;
Struck: "(6) Lake Okeechobee, Florida;
Struck: "(7) the Caloosahatchee and St. Lucie Rivers, Florida;
Struck: "(8) Lake Sidney Lanier, Georgia;
Struck: "(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;
Struck: "(10) lakes and reservoirs in the State of Ohio;
Struck: "(11) Detroit Lake, Oregon; and
Struck: "(12) Ten Mile Lake, Oregon.".
Struck: (c) Update on Invasive Species Policy Guidance.--Section 501(b) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended--
Struck: (1) in paragraph (1), by striking "and" at the end;
Struck: (2) in paragraph (2), by striking the period at the end and inserting "; and"; and
Struck: (3) by adding at the end the following:
Struck: "(3) the Sacramento-San Joaquin Delta, California.".
Struck: SEC. 306. PROJECT REAUTHORIZATIONS.
Struck: (a) New York Harbor, New York and New Jersey.--The New York Harbor collection and removal of drift project authorized by section 2 of the Act of March 4, 1915 (38 Stat. 1051; 88 Stat. 39; 104 Stat. 4615), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.
Struck: (b) Guanajibo River, Puerto Rico.--The project for flood control, Guanajibo River, Puerto Rico, authorized by section 101 of the Water Resources Development Act of 1999 (113 Stat. 278), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.
Struck: (c) Rio Nigua, Salinas, Puerto Rico.--The project for flood control, Rio Nigua, Salinas, Puerto Rico, authorized by section 101 of the Water Resources Development Act of 1999 (113 Stat. 278), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.
Struck: (d) Rio Grande De Loiza, Puerto Rico.--The project for flood control, Rio Grande De Loiza, Puerto Rico, authorized by section 101 of the Water Resources Development Act of 1992 (106 Stat. 4803), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.
Struck: SEC. 307. ST. FRANCIS LAKE CONTROL STRUCTURE.
Struck: (a) In General.--The Secretary shall set the ordinary high water mark for water impounded behind the St. Francis Lake Control Structure, authorized by the Act of May 15, 1928 (45 Stat. 538; 79 Stat. 1077), at 208 feet mean sea level.
Struck: (b) Operation by Project Manager.--In setting the ordinary high water mark under subsection (a), the Secretary shall ensure that the project manager for the St. Francis Lake Control Structure may continue operating such structure in accordance with the instructions set forth in the document titled "St. Francis Lake Control Structure Standing Instructions to the Project Manager" and published in January 1982 by the Corps of Engineers, Memphis District.
Struck: SEC. 308. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Struck: Section 4017(d) of the Water Resources Development Act of 2007 (121 Stat. 1175) is repealed.
Struck: SEC. 309. LOS ANGELES COUNTY, CALIFORNIA.
Struck: (a) Establishment of Program.--The Secretary may establish a program to provide environmental assistance to non-Federal interests in Los Angeles County, California.
Struck: (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 Los Angeles County, California, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.
Struck: (c) Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned.
Struck: (d) Partnership Agreements.--
Struck: (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.
Struck: (2) Requirements.--Each partnership agreement for a project entered into under this subsection shall provide for the following:
Struck: (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.
Struck: (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.
Inserted: "(B) Repayment options.--Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that--
Inserted: "(i) the non-Federal interest has incurred costs for the provision of mitigation that--
Inserted: "(I) equal or exceed the amount of the required repayment; and
Inserted: "(II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and
Inserted: "(ii) the mitigation is integral to the project for which it is provided.".
Inserted: SEC. 307. MODIFICATIONS.
Inserted: (a) In General.--The following modifications to studies and projects are authorized:
Inserted: (1) Mississippi river gulf outlet, louisiana.--The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 90 percent.
Inserted: (2) Great lakes and mississippi river interbasin project, brandon road, will county, illinois.--Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking "80 percent" and inserting "90 percent".
Inserted: (3) Lower mississippi river comprehensive management study.--Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following:
Inserted: "(j) Cost-share.--The Federal share of the cost of the comprehensive study described in subsection (a), and any feasibility study described in subsection (e), shall be 90 percent.".
Inserted: (4) Port of nome, alaska.--
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Inserted: (A) In general.--The Secretary shall carry out the project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733).
Inserted: (B) Cost-share.--The Federal share of the cost of the project described in subparagraph (A) shall be 90 percent.
Inserted: (5) Chicago shoreline protection.--The project for storm damage reduction and shore protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project:
Inserted: (A) Shoreline revetment at Morgan Shoal.
Inserted: (B) Shoreline revetment at Promontory Point.
Inserted: (6) Lower mud river, milton, west virginia.--
Inserted: (A) In general.--Notwithstanding section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), the Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790), and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612) and section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), shall be 90 percent.
Inserted: (B) Land, easements, and rights-of-way.--For the project described in subparagraph (A), the Secretary shall include in the cost of the project, and credit toward the non-Federal share of that cost, the value of land, easements, and rights-of-way provided by the non-Federal interest for the project, including the value of land, easements, and rights-of-way required for the project that are owned or held by the non-Federal interest or other non-Federal public body.
Inserted: (C) Additional eligibility.--Unless otherwise directed in an Act making annual appropriations for the Corps of Engineers for a fiscal year in which the Secretary has determined an additional appropriation is required to continue or complete construction of the project described in subparagraph (A), the project shall be eligible for additional funding appropriated by that Act in the Construction account of the Corps of Engineers--
Inserted: (i) without a new investment decision; and
Inserted: (ii) on the same terms as a project that is not the project described in subparagraph (A).
Inserted: (7) South shore staten island, new york.--The Federal share of any portion of the cost to design and construct the project for coastal storm risk management, South Shore Staten Island, New York, authorized by section 401(3), that exceeds the estimated total project cost specified in the project partnership agreement for the project, signed by the Secretary on February 15, 2019, shall be 90 percent.
Inserted: (b) Agreements.--
Inserted: (1) Studies and projects with multiple non-federal interests.--At the request of the applicable non-Federal interests for the project described in section 402(a) of the Water Resources Development Act of 2020 (134 Stat. 2742) and for the studies described in subsection (j) of section 213 of that Act (134 Stat. 2687), the Secretary shall not require those non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project or in the feasibility cost share agreements for the studies.
Inserted: (2) South san francisco bay shoreline, california.--
Inserted: (A) In general.--Except for funds required for a betterment or for a locally preferred plan, the Secretary shall not require the non-Federal interest for the project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water Resources Development Act of 2016 (130 Stat. 1714), to contribute funds under an agreement entered into prior to the date of enactment of this Act in excess of the total cash contribution required from the non-Federal interest for the project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
Inserted: (B) Requirement.--The Secretary shall not, at any time, defer, suspend, or terminate construction of the project described in subparagraph (A) solely on the basis of a determination by the Secretary that an additional appropriation is required to cover the Federal share of the cost to complete construction of the project, if Federal funds in an amount determined by the Secretary to be sufficient to continue construction of the project remain available in the allocation for the project under the Long-Term Disaster Recovery Investment Plan for amounts appropriated under the heading "construction" under the heading "CORPS OF ENGINEERS--CIVIL--DEPARTMENT OF THE ARMY" in title IV of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).
Inserted: SEC. 308. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL DISPOSAL PLAN.
Inserted: The Secretary shall determine that the dredged material disposal plan recommended in the document entitled "Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020)" is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743).
Inserted: SEC. 309. DELAWARE SHORE PROTECTION AND RESTORATION.
Inserted: (a) Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware.--
Inserted: (1) In general.--The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the "project"), is modified--
Inserted: (A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and
Inserted: (B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under--
Inserted: (i) section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note; Public Law 114-322); or
Inserted: (ii) section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
Inserted: (2) Treatment.--If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project.
Inserted: (3) Cost-share.--The Federal share of the cost of the project, including the cost of any modifications carried out under subsection (a)(1), shall be 90 percent.
Inserted: (b) Indian River Inlet Sand Bypass Plant, Delaware.--
Inserted: (1) In general.--The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the "project"), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when--
Inserted: (A) the sand bypass plant is inoperative; or
Inserted: (B) operation of the sand bypass plant is insufficient to maintain the functioning of the project.
Inserted: (2) Requirements.--A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements:
Inserted: (A) Cost-share.--The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant.
Inserted: (B) Decision document.--If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations.
Inserted: (C) Treatment.--
Inserted: (i) Decision document.--A decision document prepared under subparagraph (B) shall not be subject to a new investment determination.
Inserted: (ii) Cycles.--A cycle shall be considered continuing construction.
Inserted: (c) Delaware Emergency Shore Restoration.--
Inserted: (1) In general.--The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if--
Inserted: (A) the structure, project, or beach is damaged by wind, wave, or water action associated with a storm of any magnitude; and
Inserted: (B) the damage prevents the adequate functioning of the structure, project, or beach.
Inserted: (2) Benefit-cost analysis.--The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) and section 904(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried out under this subsection.
Inserted: (3) Savings provision.--The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature.
Inserted: (d) Indian River Inlet and Bay, Delaware.--In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project.
Inserted: (e) Reprogramming for Coastal Storm Risk Management Project at Indian River Inlet.--
Inserted: (1) In general.--Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182).
Inserted: (2) Limitations.--
Inserted: (A) In general.--The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year.
Inserted: (B) Amount.--For each fiscal year, the Secretary may reprogram--
Inserted: (i) not more than $100,000 per reprogramming action; and
Inserted: (ii) not more than $200,000 for each fiscal year.
Inserted: SEC. 310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.
Inserted: Section 5(a) of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) (as amended by section 112(2)), is amended by adding at the end the following:
Inserted: "(7) Special rule.--
Inserted: "(A) In general.--The Secretary shall not deny a request from the Governor of a State to provide advance measures assistance under this subsection to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion.
Inserted: "(B) Federal share.--Assistance provided by the Secretary pursuant to a request under subparagraph (A) may be at full Federal expense if the assistance is to construct advanced measures to a temporary construction standard.".
Inserted: SEC. 311. REHABILITATION OF EXISTING LEVEES.
Inserted: Section 3017(e) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended--
Inserted: (1) by striking "this subsection" and inserting "this section"; and
Inserted: (2) by striking "10 years" and inserting "20 years".
Inserted: SEC. 312. PILOT PROGRAM FOR CERTAIN COMMUNITIES.
Inserted: (a) Pilot Programs on the Formulation of Corps of Engineers Projects in Rural Communities and Economically Disadvantaged Communities.--Section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended--
Inserted: (1) in subsection (b)(2)(C), by striking "10"; and
Inserted: (2) in subsection (c)--
Inserted: (A) in paragraph (2), in the matter preceding subparagraph (A), by striking "make a recommendation to Congress on up to 10 projects" and inserting "recommend projects to Congress"; and
Inserted: (B) by adding at the end the following:
Inserted: "(5) Recommendations.--In recommending projects under paragraph (2), the Secretary shall include such recommendations in the next annual report submitted to Congress under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) after the date of enactment of the Water Resources Development Act of 2022.".
Inserted: (b) Pilot Program for Caps in Small or Disadvantaged Communities.--Section 165(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended--
Inserted: (1) in paragraph (2)(B), by striking "a total of 10";
Inserted: (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
Inserted: (3) by inserting after paragraph (3) the following:
Inserted: "(4) Maximum federal amount.--For a project carried out under this subsection, the maximum Federal amount, if applicable, shall be increased by the commensurate amount of the non-Federal share that would otherwise be required for the project under the applicable continuing authority program.".
Inserted: SEC. 313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP STATIONS.
Inserted: Section 133 of the Water Resources Development Act of 2020 (33 U.S.C. 2327a) is amended--
Inserted: (1) in subsection (a), by striking paragraph (1) and inserting the following:
Inserted: "(1) Eligible pump station.--The term 'eligible pump station' means a pump station that--
Inserted: "(A) is a feature of a federally authorized flood or coastal storm risk management project; or
Inserted: "(B) if inoperable, would impair drainage of water from areas interior to a federally authorized flood or coastal storm risk management project.";
Inserted: (2) by striking subsection (b) and inserting the following:
Inserted: "(b) Authorization.--The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that--
Inserted: "(1) the pump station has a major deficiency; and
Inserted: "(2) the rehabilitation is feasible."; and
Inserted: (3) by striking subsection (f) and inserting the following:
Inserted: "(f) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities.".
Inserted: SEC. 314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM.
Inserted: Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is amended--
Inserted: (1) in subparagraph (B), by inserting "and streambanks" after "shorelines";
Inserted: (2) in subparagraph (E), by striking "and" at the end;
Inserted: (3) by redesignating subparagraph (F) as subparagraph (H); and
Inserted: (4) by inserting after subparagraph (E) the following:
Inserted: "(F) wastewater treatment and related facilities;
Inserted: "(G) stormwater and drainage systems; and".
Inserted: SEC. 315. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
Inserted: The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled "Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin", signed in 1989.
Inserted: SEC. 316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL DAM, NORTH DAKOTA.
Inserted: The Secretary may enter into a memorandum of understanding with the non-Federal interest for the Red River Valley Water Supply Project to accommodate flows for downstream users through Baldhill Dam, North Dakota.
Inserted: SEC. 317. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Inserted: Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking "$40,000,000" and inserting "$75,000,000".
Inserted: SEC. 318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Inserted: Section 128(c) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by inserting "the Upper Mississippi River and its tributaries," after "New York,".
Inserted: SEC. 319. COLLETON COUNTY, SOUTH CAROLINA.
Inserted: Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)) shall not apply to construction carried out by the non-Federal interest before the date of enactment of this Act for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711).
Inserted: SEC. 320. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Inserted: Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following:
Inserted: "(b) Authorized Cost.--The Secretary is authorized to carry out construction of a project under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
Inserted: "(c) Additional Feasibility Studies Authorized.--
Inserted: "(1) In general.--The Secretary is authorized to carry out feasibility studies for purposes of recommending to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives additional projects under this section.
Inserted: "(2) Treatment.--An additional feasibility study carried out under this subsection shall be considered a continuation of the feasibility study that formulated the project carried out under subsection (b).".
Inserted: SEC. 321. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Inserted: Section 560 of the Water Resources Development Act of 1999 (33 U.S.C. 2336) is amended--
Inserted: (1) in subsection (c), by inserting "or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe" after "land owned by the United States"; and
Inserted: (2) in subsection (f), by striking "$30,000,000" and inserting "$50,000,000".
Inserted: SEC. 322. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Inserted: Section 509(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is amended--
Inserted: (1) in subparagraph (A), by striking "or Tennessee River Watershed" and inserting ", Tennessee River Watershed, or Tombigbee River Watershed"; and
Inserted: (2) in subparagraph (C)(i), by inserting ", of which not less than 1 shall be carried out on the Tennessee-Tombigbee Waterway" before the period at the end.
Inserted: SEC. 323. FORMS OF ASSISTANCE.
Inserted: Section 592(b) of the Water Resources Development Act of 1999 (113 Stat. 379) is amended by striking "and surface water resource protection and development" and inserting "surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement".
Inserted: SEC. 324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.
Inserted: (a) In General.--Beginning on the date of enactment of this Act, the project for New York Harbor collection and removal of drift, authorized by section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) (as in effect on the day before the date of enactment of the WIIN Act (130 Stat. 1628)), is authorized to be carried out by the Secretary.
Inserted: (b) Feasibility Study.-- The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for the project described in subsection (a).
Inserted: SEC. 325. INVASIVE SPECIES MANAGEMENT.
Inserted: Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended--
Inserted: (1) in subsection (b)(2)(A)(ii)--
Inserted: (A) by striking "$50,000,000" and inserting "$75,000,000"; and
Inserted: (B) by striking "2024" and inserting "2028"; and
Inserted: (2) in subsection (g)(2)--
Inserted: (A) in subparagraph (A)--
Inserted: (i) by striking "water quantity or water quality" and inserting "water quantity, water quality, or ecosystems"; and
Inserted: (ii) by inserting "the Lake Erie Basin, the Ohio River Basin," after "the Upper Snake River Basin,"; and
Inserted: (B) in subparagraph (B), by inserting ", hydrilla (Hydrilla verticillata)," after "angustifolia)".
Inserted: SEC. 326. WOLF RIVER HARBOR, TENNESSEE.
Inserted: Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by title II of the Act of June 16, 1933 (48 Stat. 200, chapter 90) (commonly known as the "National Industrial Recovery Act"), and modified by section 203 of the Flood Control Act of 1958 (72 Stat. 308), is modified to reduce the authorized dimensions of the project, such that the remaining authorized dimensions are a 250-foot-wide, 9-foot-depth channel with a center line beginning at a point 35.139634, -90.062343 and extending approximately 8,500 feet to a point 35.160848, -90.050566.
Inserted: SEC. 327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA.
Inserted: The matter under the heading "missouri river mitigation, missouri, kansas, iowa, and nebraska" in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: "When acquiring land to meet the requirements of fish and wildlife mitigation, the Secretary may consider incidental flood risk management benefits.".
Inserted: SEC. 328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.
Inserted: Section 104(f)(4) of the River and Harbor Act of 1958 (33 U.S.C. 610(f)(4)) is amended by striking "2024" and inserting "2026".
Inserted: SEC. 329. NUECES COUNTY, TEXAS, CONVEYANCES.
Inserted: (a) In General.--On receipt of a written request of the Port of Corpus Christi, the Secretary shall--
Inserted: (1) review the land owned and easements held by the United States for purposes of navigation in Nueces County, Texas; and
Inserted: (2) convey to the Port of Corpus Christi or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, without consideration, all such land and easements described in paragraph (1) that the Secretary determines are no longer required for project purposes.
Inserted: (b) Conditions.--
Inserted: (1) Quitclaim deed.--Any conveyance of land under this section shall be by quitclaim deed.
Inserted: (2) Terms and conditions.--The Secretary may subject any conveyance or release of easement under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States.
Inserted: (c) Administrative Costs.--In accordance with section 2695 of title 10, United States Code, the Port of Corpus Christi shall be responsible for the costs incurred by the Secretary to convey land or release easements under this section.
Inserted: (d) Waiver of Real Property Screening Requirements.--Section 2696 of title 10, United States Code, shall not apply to the conveyance of land or release of easements under this section.
Inserted: SEC. 330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
Inserted: As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized by the matter under the heading "enhancement of water resource benefits and for emergency disaster work" in title I of Public Law 98-8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act.
Inserted: SEC. 331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND NEW JERSEY.
Inserted: (a) In General.--The Secretary may carry out additional feasibility studies for ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey, including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands.
Inserted: (b) Treatment.--A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
Inserted: SEC. 332. TIMELY REIMBURSEMENT.
Inserted: (a) Definition of Covered Project.--In this section, the term "covered project" means a project for navigation authorized by section 1401(1) of the WIIN Act (130 Stat. 1708).
Inserted: (b) Reimbursement Required.--In the case of a covered project for which the non-Federal interest has advanced funds for construction of the project, the Secretary shall reimburse the non-Federal interest for advanced funds that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project.
Inserted: SEC. 333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Inserted: Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following:
Inserted: "(2) Cost-share.--
Inserted: "(A) In general.--The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).
Inserted: "(B) Savings provision.--Any increase in costs for the Project due to the construction of a Project feature described in subparagraph (A) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).".
Inserted: SEC. 334. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.
Inserted: (a) Definition.--In this section, the term "Lake Tahoe Basin" means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City, California.
Inserted: (b) Establishment of Program.--The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin.
Inserted: (c) Form of Assistance.--Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin--
Inserted: (1) urban stormwater conveyance, treatment and related facilities;
Inserted: (2) watershed planning, science and research;
Inserted: (3) environmental restoration; and
Inserted: (4) surface water resource protection and development.
Inserted: (d) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned.
Inserted: (e) Local Cooperation Agreement.--
Inserted: (1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.
Inserted: (2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following:
Inserted: (A) Plan.--Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications.
Inserted: (B) Legal and institutional structures.--Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.
(3) Cost sharing.--
Struck: (A) In general.--The Federal share of the cost of a project under this section--
Struck: (i) shall be 75 percent; and
Struck: (ii) may be provided in the form of grants or reimbursements of project costs.
Inserted: (A) In general.--The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs.
(B) Credit for
[struck: interest][inserted: design work].--[struck: In case of a delay in the funding of ][inserted: The non-Federal interest shall receive credit for ]the[struck: Federal share][inserted: reasonable costs] of[struck: a project that is the subject of an agreement under this section, ][inserted: planning and design work completed by ]the[struck: non- Federal ][inserted: non-Federal ]interest[struck: shall receive credit for reasonable interest incurred in providing ][inserted: before entering into a local cooperation agreement with ]the[struck: non-Federal share of the ][inserted: Secretary for a ]project[struck: cost].(C)
[struck: Credit for land][inserted: Land], easements, [inserted: rights-of-way, ]and[struck: rights-of- way][inserted: relocations].--[struck: Notwithstanding section 221(a)(4)(G) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the ][inserted: The ]non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations [inserted: provided by the non-Federal interest ]toward the non-Federal share of project[struck: cost][inserted: 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[struck: the credit may ]not [inserted: to ]exceed 25 percent of total project costs.(D) Operation and maintenance.--The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.
Struck: (e) Authorization of Appropriations.--
Inserted: (f) Applicability of Other Federal and State Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.
(
[struck: 1][inserted: g])[struck: In general][inserted: Authorization of Appropriations].--There is authorized to be appropriated[struck: $50,000,000 ]to carry out this section[inserted: for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended].Struck: (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 district offices to administer projects under this section at Federal expense.
Struck: SEC. 310. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.
Struck: (a) In General.--The portion of the project for flood risk management, Los Angeles County Drainage Area, California, authorized by section 5 of the Flood Control Act of 1936 (49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat. 177), consisting of the debris basins described in subsection (b), is no longer authorized beginning on the date that is 1 year after the date of enactment of this Act.
Struck: (b) Debris Basins Described.--The debris basins referred to in subsection (a) are the following debris basins operated and maintained by the Los Angeles County Flood Control District: Auburn Debris Basin, Bailey Debris Basin, Big Dalton Debris Basin, Blanchard Canyon Debris Basin, Blue Gum Canyon Debris Basin, Brand Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris Basin, Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Walsh Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin, Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest Debris Basin, La Tuna Canyon Debris Basin, Little Dalton Debris Basin, Live Oak Debris Retention Inlet, Lopez Debris Retention Inlet, Lower Sunset Canyon Debris Basin, Marshall Canyon Debris Retention Inlet, Santa Anita Debris Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris Basin, Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin, Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson Canyon Debris Basin, and Winery Canyon Debris Basin.
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Struck: SEC. 311. MURRIETA CREEK, CALIFORNIA.
Struck: Section 103 of title I of appendix B of Public Law 106-377 (114 Stat. 1441A-65) (relating to the project for flood control, environmental restoration, and recreation, Murrieta Creek, California), is amended--
Struck: (1) by striking "$89,850,000" and inserting "$252,438,000";
Struck: (2) by striking "$57,735,000" and inserting "$162,511,500"; and
Struck: (3) by striking "$32,115,000" and inserting "$89,926,500".
Struck: SEC. 312. SACRAMENTO RIVER, CALIFORNIA.
Struck: The portion of the project for flood protection on the Sacramento River, authorized by section 2 of the Act of March 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 849; 55 Stat. 647; 80 Stat. 1422), consisting of the portion of the American River North Levee, upstream of Arden Way, from G.P.S. coordinate 38.600948N 121.330599W to 38.592261N 121.334155W, is no longer authorized beginning on the date of enactment of this Act.
Struck: SEC. 313. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY, CALIFORNIA.
Struck: (a) In General.--The project for flood control and navigation, San Diego River and Mission Bay, San Diego County, California, authorized by the Act of July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat. 2705), is modified to change the authorized conveyance capacity of the project to a level determined appropriate by the Secretary based on the actual capacity of the project, which level may be further modified by the Secretary as necessary to account for sea level rise.
Struck: (b) Operation and Maintenance Manual.--
Struck: (1) In general.--The non-Federal sponsor for the project described in subsection (a) shall prepare for review and approval by the Secretary a revised operation and maintenance manual for the project to implement the modification described in subsection (a).
Struck: (2) Funding.--The non-Federal sponsor shall provide to the Secretary funds sufficient to cover the costs incurred by the Secretary to review and approve the manual described in paragraph (1), and the Secretary may accept and expend such funds in the performance of such review and approval.
Struck: (c) Emergency Repair and Restoration Assistance.--Upon approval by the Secretary of the revised operation and maintenance manual required under subsection (b), and subject to compliance by the non-Federal sponsor with the requirements of such manual and with any other eligibility requirement established by the Secretary, the project described in subsection (a) shall be considered for assistance under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
Struck: SEC. 314. SAN FRANCISCO BAY, CALIFORNIA.
Struck: (a) Technical Amendment.--Section 203(a)(1)(A) of the Water Resources Development Act of 2020 (134 Stat. 2675) is amended by striking "ocean shoreline" and inserting "bay and ocean shorelines".
Struck: (b) Implementation.--In carrying out a study under section 142 of the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat. 4158), pursuant to section 203(a)(1)(A) of the Water Resources Development Act of 2020 (as amended by this section), the Secretary shall not differentiate between damages related to high tide flooding and coastal storm flooding for the purposes of determining the Federal interest or cost share.
Struck: SEC. 315. COLUMBIA RIVER BASIN.
Struck: (a) Study of Flood Risk Management Activities.--
Struck: (1) In general.--Using funds made available to carry out this section, the Secretary is authorized, at Federal expense, to carry out a study to determine the feasibility of a project for flood risk management and related purposes in the Columbia River Basin and to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance on Canada for flood risk management in the basin.
Struck: (2) Coordination.--The Secretary shall carry out the activities described in this subsection in coordination with other Federal and State agencies and Indian Tribes.
Struck: (b) Funds for Columbia River Treaty Obligations.--
Struck: (1) In general.--The Secretary is authorized to expend funds appropriated for the purpose of satisfying United States obligations under the Columbia River Treaty to compensate Canada for operating Canadian storage on behalf of the United States under such treaty.
Struck: (2) Notification.--If the U.S. entity calls upon Canada to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may incur an obligation to compensate Canada under the Columbia River Treaty--
Struck: (A) the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate, by not later than 30 days after the initiation of the call, a written notice of the action and a justification, including a description of the circumstances necessitating the call;
Struck: (B) upon a determination by the United States of the amount of compensation that shall be paid to Canada, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of how such amount was derived, which notification shall not delay or impede the flood risk management mission of the U.S. entity; and
Struck: (C) the Secretary shall make no payment to Canada for the call under the Columbia River Treaty until such time as funds appropriated for the purpose of compensating Canada under such treaty are available.
Struck: (3) Definitions.--In this section:
Struck: (A) Columbia river basin.--The term "Columbia River Basin" means the entire United States portion of the Columbia River watershed.
Struck: (B) 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.
Struck: (C) U.S. entity.--The term "U.S. entity" means the entity designated by the United States under Article XIV of the Columbia River Treaty.
Struck: SEC. 316. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
Struck: (a) In General.--Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat. 3786) is amended--
Struck: (1) in subparagraph (D), by striking "subparagraph (D)" and inserting "subparagraph (E)"; and
Struck: (2) in subparagraph (E)--
Struck: (A) in clause (i), in the matter preceding subclause (I), by striking "during each 5-year period, beginning with commencement of design of the Plan" and inserting "during each period of 5 fiscal years, beginning on October 1, 2022";
Struck: (B) in clause (ii), by inserting "for each project in the Plan" before the period at the end; and
Struck: (C) by adding at the end the following:
Struck: "(iii) Accounting.--Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year.
Struck: "(iv) Limitation.--In the case of an authorized project for which a project partnership agreement has not been executed and for which there is an agreement under subparagraph (B)(i)(III), the Secretary--
Struck: "(I) shall consider all expenditures and obligations incurred by the non-Federal sponsor for land and in-kind services for the project in determining the amount of any cash contribution required from the non- Federal sponsor to satisfy the cost- share requirements of this subsection; and
Struck: "(II) may only require any such cash contribution to be made at the end of each period of 5 fiscal years under clause (i).".
Struck: (b) Update.--The Secretary and the non-Federal interest shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a).
Struck: SEC. 317. PORT EVERGLADES, FLORIDA.
Struck: Section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709) is amended, in row 4 (relating to the project for navigation, Port Everglades, Florida)--
Struck: (1) by striking "$229,770,000" and inserting "$561,455,000";
Struck: (2) by striking "$107,233,000" and inserting "$361,302,000"; and
Struck: (3) by striking "$337,003,000" and inserting "$922,757,000".
Struck: SEC. 318. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Struck: Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended by striking "2 representatives of the State of Florida," and inserting "3 representatives of the State of Florida, including at least 1 representative of the Florida Department of Environmental Protection and 1 representative of the Florida Fish and Wildlife Conservation Commission,".
Struck: SEC. 319. LITTLE WOOD RIVER, GOODING, IDAHO.
Struck: Section 3057(a)(2) of the Water Resources Development Act of 2007 (121 Stat. 1120) is amended by striking "$9,000,000" and inserting "$40,000,000".
Struck: SEC. 320. CHICAGO SHORELINE PROTECTION.
Struck: The project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project:
Struck: (1) Shoreline revetment at Morgan Shoal.
Struck: (2) Shoreline revetment at Promontory Point.
Struck: SEC. 321. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, ILLINOIS.
Struck: Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking "80 percent" and inserting "90 percent".
Struck: SEC. 322. SOUTHEAST DES MOINES LEVEE SYSTEM, IOWA.
Inserted: (h) Repeal.--Section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942), is repealed.
Inserted: (i) Treatment.--The program authorized by this section shall be considered a continuation of the program authorized by section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942) (as in effect on the day before the date of enactment of this Act).
Inserted: SEC. 335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN, CALIFORNIA.
Inserted: Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 114 Stat. 2763A-224; 121 Stat. 1209)), is amended--
Inserted: (1) in subsection (a), by inserting "and volatile organic compounds" after "perchlorates"; and
Inserted: (2) in subsection (b)(3), by inserting "and volatile organic compounds" after "perchlorates".
Inserted: SEC. 336. TRIBAL PARTNERSHIP PROGRAM.
Inserted: Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended--
Inserted: (1) in subsection (a), by striking "(25 U.S.C. 450b)" and inserting "(25 U.S.C. 5304)";
Inserted: (2) in subsection (b)--
Inserted: (A) in paragraph (2)(A)--
Inserted: (i) by inserting "or coastal storm" after "flood"; and
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Inserted: (ii) by inserting "including erosion control," after "reduction,";
Inserted: (B) in paragraph (3), by adding at the end the following:
Inserted: "(C) Federal interest determination.--The first $100,000 of the costs of a study under this section shall be at full Federal expense.";
Inserted: (C) in paragraph (4)--
Inserted: (i) in subparagraph (A), by striking "$18,500,000" and inserting "$26,000,000"; and
Inserted: (ii) in subparagraph (B), by striking "$18,500,000" and inserting "$26,000,000"; and
Inserted: (D) by adding at the end the following:
Inserted: "(5) Project justification.--Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) for a project (other than a project for ecosystem restoration), the Secretary may implement a project under this section if the Secretary determines that the project will--
Inserted: "(A) significantly reduce potential flood or coastal storm damages, which may include or be limited to damages due to shoreline erosion or riverbank or streambank failures;
Inserted: "(B) improve the quality of the environment;
Inserted: "(C) reduce risks to life safety associated with the damages described in subparagraph (A); and
Inserted: "(D) improve the long-term viability of the community.";
Inserted: (3) in subsection (d)(5)(B)--
Inserted: (A) by striking "non-Federal" and inserting "Federal"; and
Inserted: (B) by striking "50 percent" and inserting "100 percent"; and
Inserted: (4) in subsection (e), by striking "2024" and inserting "2033".
Inserted: SEC. 337. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Inserted: Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
Inserted: (1) by striking paragraph (3); and
Inserted: (2) by redesignating paragraph (4) as paragraph (3).
Inserted: SEC. 338. COPAN LAKE, OKLAHOMA.
Inserted: (a) In General.--The Secretary shall amend Contract DACW56-81-C-0114 between the United States and the Copan Public Works Authority (referred to in this section as the "Authority"), entered into on June 22, 1981, for the utilization by the Authority of storage space for water supply in Copan Lake, Oklahoma (referred to in this section as the "project")--
Inserted: (1) to release to the United States all rights of the Authority to utilize 4,750 acre-feet of future use water storage space; and
Inserted: (2) to relieve the Authority from all financial obligations, to include the initial project investment costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described in paragraph (1).
Inserted: (b) Requirement.--During the 2-year period beginning on the effective date of execution of the contract amendment under subsection (a), the Secretary shall--
Inserted: (1) provide the City of Bartlesville, Oklahoma, with the right of first refusal to contract for the utilization of storage space for water supply for any portion of the storage space that was released by the Authority under subsection (a); and
Inserted: (2) ensure that the City of Bartlesville, Oklahoma, shall not pay more than 110 percent of the initial project investment cost per acre-foot of storage for the acre-feet of storage space sought under an agreement under paragraph (1).
Inserted: SEC. 339. ENHANCED DEVELOPMENT PROGRAM.
Inserted: The Secretary shall fully implement opportunities for enhanced development at Oklahoma Lakes under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668).
Inserted: SEC. 340. ECOSYSTEM RESTORATION COORDINATION.
Inserted: (a) In General.--In carrying out the project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall coordinate to the maximum extent practicable with the Administrator of the Environmental Protection Agency, State environmental agencies, and regional coordinating bodies responsible for the remediation of toxics.
Inserted: (b) Savings Provision.--Nothing in this section extends liability to the Secretary for any remediation of toxics present at the project site referred to in subsection (a) prior to the date of authorization of that project.
Inserted: SEC. 341. ACEQUIAS IRRIGATION SYSTEMS.
Inserted: Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended--
Inserted: (1) in subsection (b)--
Inserted: (A) by striking "(b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake" and inserting the following:
Inserted: "(b) Authorization.--Subject to section 903(a), the Secretary shall carry out"; and
Inserted: (B) by striking "canals" and all that follows through "25 percent." and inserting the following: "channels attendant to the operations of the community ditch and Acequia systems in New Mexico that--
Inserted: "(1) are declared to be a political subdivision of the State; or
Inserted: "(2) belong to a federally recognized Indian Tribe.";
Inserted: (2) by redesignating subsection (c) as subsection (e);
Inserted: (3) by inserting after subsection (b) the following:
Inserted: "(c) Inclusions.--The measures described in subsection (b) shall, to the maximum extent practicable--
Inserted: "(1) ensure greater resiliency of diversion structures, including to flow variations, prolonged drought conditions, invasive plant species, and threats from changing hydrological and climatic conditions; or
Inserted: "(2) support research, development, and training for innovative management solutions, including those for controlling invasive aquatic plants that affect Acequias.
Inserted: "(d) Costs.--
Inserted: "(1) Total cost.--The measures described in subsection (b) shall be carried out at a total cost of $80,000,000.
Inserted: "(2) Cost sharing.--
Inserted: "(A) In general.--Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out the measures described in subsection (b) shall be 25 percent.
Inserted: "(B) Special rule.--In the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)), the Federal share of the cost of carrying out the measures described in subsection (b) shall be 90 percent."; and
Inserted: (4) in subsection (e) (as so redesignated)--
Inserted: (A) in the first sentence--
Inserted: (i) by striking "(e) The Secretary is further authorized and directed to" and inserting the following:
Inserted: "(e) Public Entity Status.--
Inserted: "(1) In general.--The Secretary shall"; and
Inserted: (ii) by inserting "or belong to a federally recognized Indian Tribe within the State of New Mexico" after "that State"; and
Inserted: (B) in the second sentence, by striking "This public entity status will allow the officials of these Acequia systems" and inserting the following:
Inserted: "(2) Effect.--The public entity status provided pursuant to paragraph (1) shall allow the officials of the Acequia systems described in that paragraph".
Inserted: SEC. 342. ROGERS COUNTY, OKLAHOMA.
Inserted: (a) Conveyance.--The Secretary is authorized to convey to the City of Tulsa-Rogers County Port Authority (referred to in this section as the "Port Authority"), for fair market value, all right, title, and interest of the United States in and to the Federal land described in subsection (b).
Inserted: (b) Federal Land Described.--
Inserted: (1) In general.--The Federal land to be conveyed under this section is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma:
Inserted: (A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial).
Inserted: (B) Parcel 2 includes U.S. tract 124 (partial) and U.S. tract 128 (partial).
Inserted: (C) Parcel 3 includes U.S. tract 128 (partial).
Inserted: (2) Determination required.--
Inserted: (A) In general.--Subject to paragraph (1) and subparagraphs (B), (C), and (D), the Secretary shall determine the exact property description and acreage of the Federal land to be conveyed under this section.
Inserted: (B) Requirement.--In making the determination under subparagraph (A), the Secretary shall reserve from conveyance such easements, rights-of-way, and other interests as the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project, including New Graham Lock and Dam 18 as a part of that project, as authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596) and where applicable the provisions of the River and Harbor Act of 1946 (60 Stat. 634, chapter 595) and modified by section 108 of the Energy and Water Development Appropriation Act, 1988 (Public Law 100-202; 101 Stat. 1329-112), and section 136 of the Energy and Water Development Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1842).
Inserted: (C) Obstructions to navigable capacity.--A conveyance under this section shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (commonly known as the "Rivers and Harbors Act of 1899") (30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to the Federal land conveyed.
Inserted: (D) Survey required.--The exact acreage and the legal description of any Federal land conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
Inserted: (c) Applicability.--Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section.
Inserted: (d) Costs.--The Port Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
Inserted: (e) Hold Harmless.--
Inserted: (1) In general.--The Port Authority shall hold the United States harmless from any liability with respect to activities carried out on or after the date of the conveyance under this section on the Federal land conveyed.
Inserted: (2) Limitation.--The United States shall remain responsible for any liability incurred with respect to activities carried out before the date of the conveyance under this section on the Federal land conveyed.
Inserted: (f) Additional Terms and Conditions.--The Secretary may require that the conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States.
Inserted: SEC. 343. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT COSTS.
Inserted: Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) is amended, in the fourth proviso, by striking the second sentence and inserting the following: "For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence.".
Inserted: SEC. 344. NON-FEDERAL PAYMENT FLEXIBILITY.
Inserted: Section 103(l) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(l)) is amended--
Inserted: (1) by striking the subsection designation and heading and all that follows through "At the request of" in the first sentence and inserting the following:
Inserted: "(l) Delay of Payment.--
Inserted: "(1) Initial payment.--At the request of"; and
Inserted: (2) by adding at the end the following:
Inserted: "(2) Interest.--
Inserted: "(A) In general.--At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that--
Inserted: "(i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and
Inserted: "(ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1).
Inserted: "(B) Limitations.--The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project.".
Inserted: SEC. 345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
Inserted: The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, constructed by the Secretary prior to the date of enactment of this Act under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the "Flood Control Act of 1941") (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)).
Inserted: SEC. 346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN CONTRACT CLAIMS.
Inserted: In a case in which the Armed Services Board of Contract Appeals or a court of competent jurisdiction rendered a decision on a date that was at least 20 years before the date of enactment of this Act awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of a project carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of such damages, including attorney's fees, if the Secretary--
Inserted: (1) terminated construction of the project prior to completion of all features; and
Inserted: (2) has not collected payment from the non-Federal interest before the date of enactment of this Act.
Inserted: SEC. 347. ALGIERS CANAL LEVEES, LOUISIANA.
Inserted: In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense.
Inserted: SEC. 348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW HAMPSHIRE.
Inserted: Beginning on the date of enactment of this Act, the project for flood control, Israel River, Lancaster, New Hampshire, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is no longer authorized.
Inserted: SEC. 349. CITY OF EL DORADO, KANSAS.
Inserted: The Secretary shall amend Contract DACW56-72-C-0220, between the United States and the City of El Dorado, Kansas, entered into on June 30, 1972, for the utilization by the City of storage space for water supply in El Dorado Lake, Kansas, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until--
Inserted: (1) the City desires to convert the future use storage space to present use; and
Inserted: (2) the principal amount plus the accumulated interest becomes payable pursuant to the terms of the Contract.
Inserted: SEC. 350. UPPER MISSISSIPPI RIVER PROTECTION.
Inserted: Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:
Inserted: "(f) Limitation.--The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the lock and dam.
Inserted: "(g) Modification.--The Secretary is authorized to investigate the feasibility of modifying the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, as an authorized purpose.".
Inserted: SEC. 351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS CHRISTI, TEXAS.
Inserted: (a) In General.--At such time as new facilities are available to the Corps of Engineers, and subject to this section, the Secretary shall convey to the Port of Corpus Christi Authority, by deed and without warranty, all right, title, and interest of the United States in and to the property described in subsection (c).
Inserted: (b) Consideration.--Consideration for the conveyance under subsection (a) shall be determined by an appraisal, satisfactory to the Secretary, of the market value of the property conveyed.
Inserted: (c) Description of Property.--The property referred to in subsection (a) is the land known as "Tract 100" and "Tract 101", including improvements on that land, in Corpus Christi, Texas, and described as follows:
Inserted: (1) Tract 100.-- The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas.
Inserted: (2) Tract 101.--The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas.
Inserted: (3) Improvements.--
Inserted: (A) Main Building (RPUID AO-C-3516), constructed January 9, 1974.
Inserted: (B) Garage, vehicle with 5 bays (RPUID AO-C-3517), constructed January 9, 1985.
Inserted: (C) Bulkhead, Upper (RPUID AO-C-2658), constructed January 1, 1941.
Inserted: (D) Bulkhead, Lower (RPUID AO-C-3520), constructed January 1, 1933.
Inserted: (E) Bulkhead Fence (RPUID AO-C-3521), constructed January 9, 1985.
Inserted: (F) Bulkhead Fence (RPUID AO-C-3522), constructed January 9, 1985.
Inserted: (d) Terms and Conditions.--
Inserted: (1) In general.--Before conveying the land described in subsection (c) to the Port of Corpus Christi Authority, the Secretary shall ensure that the conditions of buildings and facilities meet applicable requirements under Federal law, as determined by the Secretary.
Inserted: (2) Improvements.--Improvements to conditions of buildings and facilities on the land described in subsection (c), if any, shall be incorporated into the consideration required under subsection (b).
Inserted: (3) Costs of conveyance.--In addition to the fair market value for property rights conveyed, the Port of Corpus Christi Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance under subsection (a).
Inserted: SEC. 352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS OF ENGINEERS LAND.
(a) Definitions.--In this section:
Struck: (1) City.--The term "City" means the city of Des Moines, Iowa.
Struck: (2) Flood protection project.--The term "Flood Protection Project" means the project on the Des Moines River for local flood protection of Des Moines, Iowa, authorized by the Act of December 22, 1944 (chapter 665, 58 Stat. 896).
Struck: (3) Red rock dam project.--The term "Red Rock Dam Project" means the project for the Red Rock Dam on the Des Moines River for flood control and other purposes, authorized by the Act of December 22, 1944 (chapter 665, 58 Stat. 896).
Struck: (b) Project Modifications.--The Red Rock Dam Project and the Flood Protection Project shall be modified as follows, subject to a new or amended agreement between the Secretary and the City, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
Inserted: (1) Authorized restoration services.--The term "authorized restoration services" means similar and complementary forest, rangeland, and watershed restoration services carried out--
Inserted: (A) on Federal land; and
Inserted: (B) by the Secretary or Governor pursuant to a good neighbor agreement.
Inserted: (2) Federal land.--
Inserted: (A) In general.--The term "Federal land" means land within the State that is administered by the Corps of Engineers.
Inserted: (B) Exclusions.--The term "Federal land" does not include--
Inserted: (i) a component of the National Wilderness Preservation System;
Inserted: (ii) Federal land on which the removal of vegetation is prohibited or restricted by an Act of Congress or a Presidential proclamation (including the applicable implementation plan); or
Inserted: (iii) a wilderness study area.
Inserted: (3) Forest, rangeland, and watershed services.--
Inserted: (A) In general.--The term "forest, rangeland, and watershed restoration services" means--
Inserted: (i) activities to treat insect-infected and disease-infected trees;
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Inserted: (ii) activities to reduce hazardous fuels; and
Inserted: (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
Inserted: (B) Exclusions.--The term "forest, rangeland, and watershed restoration services" does not include--
Inserted: (i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a road that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and
Inserted: (ii) construction, alteration, repair or replacement of public buildings or public works.
Inserted: (4) Good neighbor agreement.--The term "good neighbor agreement" means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and Governor under subsection (b)(1)(A) to carry out authorized restoration services under this section.
Inserted: (5) Governor.--The term "Governor" means the Governor or any other appropriate executive official of the State.
Inserted: (6) Road.--The term "road" has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on February 7, 2014).
Inserted: (7) State.--The term "State" means the State of Idaho.
Inserted: (b) Good Neighbor Agreements.--
Inserted: (1) Good neighbor agreements.--
Inserted: (A) In general.--The Secretary may carry out a pilot program to enter into good neighbor agreements with the Governor to carry out authorized restoration services in the State in accordance with this section.
Inserted: (B) Public availability.--The Secretary shall make each good neighbor agreement available to the public.
Inserted: (C) Administrative costs.--The Governor shall provide, and the Secretary may accept and expend, funds to cover the costs of the Secretary to enter into and administer a good neighbor agreement.
Inserted: (D) Termination.--The pilot program under subparagraph (A) shall terminate on October 1, 2028.
Inserted: (2) Timber sales.--
Inserted: (A) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this section.
Inserted: (B) Treatment of revenue.--Except as provided in subparagraph (C), funds received from the sale of timber by the Governor under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services under the good neighbor agreement.
Inserted: (C) Excess revenue.--
Inserted: (i) In general.--Any funds remaining after carrying out subparagraph (B) that are in excess of the amount provided by the Governor to the Secretary under paragraph (1)(C) shall be returned to the Secretary.
Inserted: (ii) Applicability of certain provisions.--Funds returned to the Secretary under clause (i) shall be subject to the first part of section 5 of the Act of June 13, 1902 (commonly known as the "Rivers and Harbors Appropriations Act of 1902") (32 Stat. 373, chapter 1079; 33 U.S.C. 558).
Inserted: (3) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services to be provided under this section on Federal land shall not be delegated to the Governor.
Inserted: SEC. 353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
Inserted: (a) Project Modifications.--The project for flood risk management and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the "Red Rock Dam Project"), authorized by section 10 of the Act of December 22, 1944 (commonly known as the "Flood Control Act of 1944") (58 Stat. 896, chapter 665), and the project for flood risk management, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as "Flood Protection Project"), authorized by section 10 of that Act (58 Stat. 896, chapter 665), shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the "City"), in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
(1) That portion of the Red Rock Dam Project consisting of the segment of levee from Station 15+88.8W to Station 77+43.7W shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the City, from Station 77+43.7W to approximately Station 20+00, shall be included in the Flood Protection Project.
(
[struck: c][inserted: b]) Federal Easement Conveyances.--(1)
[struck: Flood protection easements.--]The Secretary is authorized to convey[struck: , without consideration, to ][inserted: the following easements, acquired by ]the[struck: City ][inserted: Federal Government for ]the[struck: following easements ][inserted: Red Rock Dam Project, ]to [inserted: the City to ]become part of the Flood Protection Project in accordance with subsection ([struck: b][inserted: a]):(A) Easements identified as Tracts 3215E-1, 3235E, and 3227E.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2.
Struck: (2) Additional easements.--The Secretary is authorized to convey, without consideration, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority the following easements:
Inserted: (2) On counter-execution of the new or amended agreement pursuant to the Federal easement conveyances under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and
[struck: 3216E- 5][inserted: 3216E-5].(B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2.
Struck: (3) Costs.--An entity to which a conveyance is made under this subsection shall be responsible for all administrative costs associated with the conveyance.
Struck: SEC. 323. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Struck: Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2684) is amended by adding at the end the following:
Struck: "(j) Cost Share.--The Federal share of the cost of the comprehensive study carried out under subsection (a), and any feasibility study carried out under subsection (e), shall be 100 percent.".
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Struck: SEC. 324. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL EVALUATION AND DEMONSTRATION PROJECTS.
Struck: (a) In General.--The Secretary is authorized to carry out streambank erosion control evaluation and demonstration projects in the Lower Missouri River through contracts with non-Federal interests, including projects for streambank protection and stabilization.
Struck: (b) Area.--The Secretary shall carry out demonstration projects under this section on the reach of the Missouri River between Sioux City, Iowa, and the confluence of the Missouri River and the Mississippi River.
Struck: (c) Requirements.--In carrying out subsection (a), the Secretary shall--
Struck: (1) conduct an evaluation of the extent of streambank erosion on the Lower Missouri River; and
Struck: (2) develop new methods and techniques for streambank protection, research soil stability, and identify the causes of erosion.
Struck: (d) 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 report describing the results of the demonstration projects carried out under this section, including any recommendations for methods to prevent and correct streambank erosion.
Struck: (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000, to remain available until expended.
Struck: (f) Sunset.--The authority of the Secretary to enter into contracts under subsection (a) shall expire on the date that is 5 years after the date of enactment of this Act.
Struck: SEC. 325. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
Struck: (a) In General.--Notwithstanding section 129 of the Water Resources Development Act of 2020 (134 Stat. 2643), and subject to subsection (b), the Secretary is authorized to carry out the construction of an interception-rearing complex at each of Plowboy Bend A (River Mile: 174.5 to 173.2) and Pelican Bend B (River Mile: 15.8 to 13.4) on the Missouri River.
Struck: (b) Analysis and Mitigation of Risk.--
Struck: (1) Analysis.--Prior to construction of the interception- rearing complexes under subsection (a), the Secretary shall perform an analysis to identify whether the interception- rearing complexes will--
Struck: (A) contribute to an increased risk of flooding to adjacent lands and properties, including local levees;
Struck: (B) affect the navigation channel, including crossflows, velocity, channel depth, and channel width;
Struck: (C) affect the harvesting of sand;
Struck: (D) affect ports and harbors; or
Struck: (E) contribute to bank erosion on adjacent private lands.
Struck: (2) Mitigation.--The Secretary may not construct an interception-rearing complex under subsection (a) until the Secretary successfully mitigates any effects described in paragraph (1) with respect to such interception-rearing complex.
Struck: (c) Report.--Not later than 1 year after completion of the construction of the interception-rearing complexes under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the extent to which the construction of such interception-rearing complexes affected the population recovery of pallid sturgeon in the Missouri River.
Struck: (d) Conforming Amendment.--Section 129(b) of the Water Resources Development Act of 2020 (134 Stat. 2643) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following:
Struck: "(2) submits the report required by section 318(c) of the Water Resources Development Act of 2022;".
Struck: SEC. 326. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH KANSAS LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES, MISSOURI AND KANSAS.
Struck: Notwithstanding section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), the Federal share of the cost of the portion of the project for flood damage reduction, Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas, authorized by section 101 of the Water Resources Development Act of 2007 (121 Stat. 1054), relating to the Fairfax-Jersey Creek Levee unit, shall be 80 percent.
Struck: SEC. 327. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS, IOWA, AND NEBRASKA.
Struck: Section 334 of the Water Resources Development Act of 1999 (113 Stat. 306) is amended by adding at the end the following:
Struck: "(c) Use of Other Funds.--Any acres acquired using Federal funds for purposes described in subsection (a) shall be considered toward the total number of acres required under such subsection, regardless of the source of the Federal funds.".
Struck: SEC. 328. NORTHERN MISSOURI.
Struck: (a) Northern Missouri Defined.--In this section, the term "Northern Missouri" means the counties of Buchanan, Marion, Platte, and Clay, Missouri.
Struck: (b) Establishment of Program.--The Secretary may establish a program to provide environmental assistance to non-Federal interests in Northern Missouri.
Struck: (c) 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 Northern Missouri, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.
Struck: (d) Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned.
Struck: (e) Partnership Agreements.--
Struck: (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.
Struck: (2) Requirements.--Each partnership agreement for a project entered into under this subsection shall provide for the following:
Struck: (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.
Struck: (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.
Struck: (3) Cost sharing.--
Struck: (A) In general.--The Federal share of the cost of a project carried out under this section--
Struck: (i) shall be 75 percent; and
Struck: (ii) may be provided in the form of grants or reimbursements of project costs.
Struck: (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.
Struck: (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.
Struck: (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.
Struck: (f) Authorization of Appropriations.--
Struck: (1) In general.--There is authorized to be appropriated $50,000,000 to carry out this section.
Struck: (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 district offices to administer projects under this section at Federal expense.
Struck: SEC. 329. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
Struck: The project for flood control, Israel River, Lancaster, New Hampshire, carried out under 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.
Inserted: (3) All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee.
SEC.
[struck: 330][inserted: 354]. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW MEXICO.[struck: The non-Federal share of ][inserted: In ]the[struck: cost][inserted: case] of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), [inserted: the non-Federal share of the cost of the project ]shall be[struck: 25 percent][inserted: the percentage described in section 103(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C].[inserted: 2213(a)(2)) (as in effect on the day before the date of enactment of the Water Resources Development Act of 1996 (110 Stat. 3658)).]Struck: SEC. 331. SPECIAL RULE FOR CERTAIN COASTAL STORM RISK MANAGEMENT PROJECTS.
Struck: (a) In General.--In the case of a water resources development project described in subsection (b), the Secretary shall--
Struck: (1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least cost option; and
Struck: (2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project.
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Struck: (b) Water Resources Development Projects Described.--A water resources development project referred to in subsection (a) is any of the following:
Struck: (1) The project for hurricane-flood protection and beach erosion control, Carolina Beach and vicinity, North Carolina, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
Struck: (2) The project for hurricane-flood protection and beach erosion control, Wrightsville Beach, North Carolina, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
Struck: SEC. 332. SOUTHWESTERN OREGON.
Struck: (a) Southwestern Oregon Defined.--In this section, the term "Southwestern Oregon" means the counties of Benton, Coos, Curry, Douglas, Lane, Linn, and Josephine, Oregon.
Struck: (b) Establishment of Program.--The Secretary may establish a program to provide environmental assistance to non-Federal interests in Southwestern Oregon.
Struck: (c) 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 Southwestern Oregon, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.
Struck: (d) Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned.
Struck: (e) Partnership Agreements.--
Struck: (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.
Struck: (2) Requirements.--Each partnership agreement for a project entered into under this subsection shall provide for the following:
Struck: (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.
Struck: (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.
Struck: (3) Cost sharing.--
Struck: (A) In general.--The Federal share of the cost of a project carried out under this section--
Struck: (i) shall be 75 percent; and
Struck: (ii) may be provided in the form of grants or reimbursements of project costs.
Struck: (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.
Struck: (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.
Struck: (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.
Struck: (f) Authorization of Appropriations.--
Struck: (1) In general.--There is authorized to be appropriated $50,000,000 to carry out this section.
Struck: (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.
Struck: SEC. 333. JOHN P. MURTHA LOCKS AND DAM.
Struck: (a) Designation.--Locks and Dam 4, Monongahela River, Pennsylvania, authorized by section 101(18) of the Water Resources Development Act of 1992 (106 Stat. 4803), and commonly known as the "Charleroi Locks and Dam", shall be known and designated as the "John P. Murtha Locks and Dam".
Struck: (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the locks and dam referred to in subsection (a) shall be deemed to be a reference to the "John P. Murtha Locks and Dam".
Struck: SEC. 334. WOLF RIVER HARBOR, TENNESSEE.
Struck: Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by section 202 of the National Industrial Recovery Act (48 Stat. 201; 49 Stat. 1034; 72 Stat. 308), is modified to reduce, in part, the authorized dimensions of the project, such that the remaining authorized dimensions are as follows:
Struck: (1) A 250-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.139634, -90.062343 and extending approximately 1,300 feet to an approximate point of 35.142077, -90.059107.
Struck: (2) A 200-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.142077, -90.059107 and extending approximately 1,800 feet to an approximate point of 35.1467861, -90.057003.
Struck: (3) A 250-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.1467861, - 90.057003 and extending approximately 5,550 feet to an approximate point of 35.160848, -90.050566.
Struck: SEC. 335. ADDICKS AND BARKER RESERVOIRS, TEXAS.
Struck: The Secretary is authorized to provide, pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), information and advice to non-Federal interests on the removal of sediment obstructing inflow channels to the Addicks and Barker Reservoirs, 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).
Struck: SEC. 336. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
Struck: The project for ecosystem restoration and storm damage reduction, North Padre Island, Corpus Christi Bay, Texas, authorized under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
Struck: SEC. 337. CENTRAL WEST VIRGINIA.
Inserted: SEC. 355. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
[inserted: (a) In General.--]Section
[struck: 571][inserted: 601(e)(5)] of the Water Resources Development Act of[struck: 1999][inserted: 2000] ([struck: 113][inserted: 114] Stat.[struck: 371][inserted: 2685; 132 Stat. 3786]) is amended by striking[struck: subsection][inserted: subparagraph] ([struck: a][inserted: E]) and inserting the following:Struck: "(a) Definition of Central West Virginia.--In this section, the term 'central West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.".
Struck: SEC. 338. PUGET SOUND, WASHINGTON.
Struck: In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature, and not a relocation, and the Federal share of the costs of such removal and replacement shall be 65 percent.
Struck: SEC. 339. WATER LEVEL MANAGEMENT PILOT PROJECT ON THE UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.
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Struck: (a) In General.--The Secretary shall carry out a pilot project on water level management, as part of the operations and maintenance of the 9-foot channel projects of the Upper Mississippi River and Illinois Waterway System, to help redress the degrading influences of prolonged inundation or sedimentation on such projects, and to improve the quality and quantity of habitat available for fish and wildlife.
Struck: (b) Conditions on Drawdowns.--In carrying out the pilot project under subsection (a), the Secretary shall carry out routine and systemic water level drawdowns of the pools created by the Upper Mississippi River and Illinois Waterway System locks and dams, including drawdowns during the growing season, when--
Struck: (1) hydrologic conditions allow the Secretary to carry out a drawdown within applicable dam operating plans; or
Struck: (2) hydrologic conditions allow the Secretary to carry out a drawdown and sufficient funds are available to the Secretary to carry out any additional activities that may be required to ensure that the drawdown does not adversely affect navigation.
Struck: (c) Coordination and Notification.--
Struck: (1) Coordination.--The Secretary shall use existing coordination and consultation processes to regularly consult with other relevant Federal agencies and States regarding the planning and assessment of water level management actions implemented under this section.
Struck: (2) Notification.--Prior to carrying out any water level management plan pursuant to this section, the Secretary shall provide notice to the public and to navigation interests and other interested stakeholders.
Struck: (d) Definition.--In this section, the term "Upper Mississippi River and Illinois Waterway System" has the meaning given that term in section 8001 of the Water Resources Development Act of 2007 (33 U.S.C. 652 note).
Struck: SEC. 340. UPPER MISSISSIPPI RIVER PROTECTION.
Struck: Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:
Struck: "(f) Limitation.--The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam pursuant to the disposition study carried out under subsection (d) unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the Upper St. Anthony Falls Lock and Dam.
Struck: "(g) Modification.--The Secretary is authorized to investigate the feasibility of modifying, prior to deauthorizing, the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, water supply, and recreation as authorized purposes.".
Struck: SEC. 341. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Struck: Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2213a(a)) is amended by striking "a flood risk management project that incidentally generates seismic safety benefits in regions" and inserting "a flood risk management or coastal storm risk management project in a region".
Struck: SEC. 342. DEBRIS REMOVAL.
Struck: Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended by striking "or recreation" and inserting "ecosystem restoration, or recreation".
Struck: SEC. 343. GENERAL REAUTHORIZATIONS.
Struck: (a) 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 "2023" and inserting "2026".
Struck: (b) Transfer of Excess Credit.--Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended--
Struck: (1) in subsection (d), by striking "10 years after the date of enactment of this Act" and inserting "on December 31, 2026"; and
Struck: (2) in subsection (e)(1)(B), by striking "10 years after the date of enactment of this Act" and inserting "December 31, 2026".
Struck: (c) 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 "the date that is 10 years after the date of enactment of this Act" and inserting "December 31, 2026".
Struck: (d) Invasive Species in Alpine Lakes Pilot Project.--Section 507(c) of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is amended by striking "2024" and inserting "2026".
Struck: (e) Environmental Banks.--Section 309(e) of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended by striking "10" and inserting "12".
Struck: SEC. 344. CONVEYANCES.
Struck: (a) Generally Applicable Provisions.--
Struck: (1) Survey to obtain legal description.--The exact acreage and the legal description of any real property or easement to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
Struck: (2) Applicability of property screening provisions.-- Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
Struck: (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.
Struck: (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.
Struck: (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.
Struck: (b) Sardis Lake, Panola County, Mississippi.--
Struck: (1) Conveyance authorized.--The Secretary is authorized to convey to the City of Sardis, Mississippi, all right, title, and interest of the United States in and to the real property described in paragraph (2).
Struck: (2) Property.--The property to be conveyed is the approximately 1,064 acres of lying in the eastern half of Sections 12 and 13, T 8 S, R 6 W and the western half of Section 18 and the western half of Section 7, T 8 S, R 5 W, in Panola County, Mississippi, and being more particularly described as follows: Begin at the southeast corner of said Section 13, run thence from said point of beginning, along the south line of said Section 13, run westerly, 2,723 feet; thence run N 2739'53" W, for 1,898 feet; thence run north 2,434 feet; thence run east, 1,006 feet, more or less, to a point on the easterly edge of Mississippi State Highway No. 315; thence run along said easterly edge of highway, northerly, for 633 feet; thence leaving said easterly edge of highway, run N 6200' E, for 200 feet; thence N 0700' E, for 1,350 feet; thence N 0700' W, for 800 feet; thence N 3730'W for 800 feet; thence N 1000' W for 350 feet; thence N 1100' E, for 350 feet; thence N 4330' E for 250 feet; thence N 8800' E for 200 feet; thence S 6400' E for 350 feet; thence S 2530' E, for 650 feet, more or less, to the intersection of the east line of the western half of the eastern half of the northwest quarter of the southeast quarter of the aforesaid Section 12, T 8 S, R 6 W and the 235-foot contour; thence run along said 235-foot contour, 6,392 feet; thence leaving said 235-foot contour, southerly 1,762 feet, more or less, to a point on the south line of Section 7; thence S 0028'49" E, 2,664.97 feet, more or less, to a point on the south line of the northwest quarter of said Section 18; thence along said south line, easterly for 100 feet, more or less to the northwest corner of the southwest quarter of said Section 18; thence leaving said south line of said northwest quarter, along the east line of said southwest quarter, S 0006'20" E, run 2,280 feet, more or less, to the southerly edge of an existing power line right-of-way; thence leaving said east line of said southwest quarter, along said southerly edge of said power line right-of-way, northwesterly, 300 feet, more or less, to the easterly edge of the existing 4- H Club Road; thence leaving said southerly edge of said power line right-of-way, along said easterly edge of said road, southeasterly, 420 feet, more or less, to the south line of said southwest quarter; thence leaving said easterly edge of said road, along said south line of southwest quarter, westerly, 2,635 feet, more or less, to the point of beginning, LESS AND EXCEPT the following prescribed parcel: Beginning at a point N 0045'48" W, 302.15 feet and west, 130.14 feet from the southeast corner of said Section 13, T 8 S, R 6 W, and running thence S 0435'58" W, 200.00 feet to a point on the north side of a road; running thence with the north side of said road, N 8351' W, for 64.84 feet; thence N 7226'44" W, 59.48 feet; thence N 6031'37" W, 61.71 feet; thence N 6335'08" W, 51.07 feet; thence N 0647'17" W, 142.81 feet to a point; running thence S 8524'02" E, 254.37 feet to the point of beginning, containing 1.00 acre, more or less.
Struck: (3) Reservation of rights.--
Struck: (A) In general.--The Secretary shall reserve and retain from the conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake project, authorized by section 6 of the Act of May 15, 1928 (chapter 569, 45 Stat. 536).
Struck: (B) Flooding; liability.--In addition to any easements, rights-of-way, and other interests reserved an retained under subparagraph (A), the Secretary--
Struck: (i) shall retain the right to flood land for downstream flood control purposes on--
Struck: (I) the land located east of Blackjack Road and below 301.0 feet above sea level; and
Struck: (II) the land located west of Blackjack Road and below 224.0 feet above sea level; and
Struck: (ii) shall not be liable for any reasonable damage resulting from any flooding of land pursuant to clause (i).
Struck: (4) Deed.--The Secretary shall--
Struck: (A) 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; and
Struck: (B) ensure that such deed includes a permanent restriction that all future building of above-ground structures on the land conveyed under this subsection shall be restricted to areas lying at or above 301.0 feet above sea level.
Struck: (5) Consideration.--The City of Sardis, Mississippi, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
Struck: (6) Notice and reporting.--After conveying property under this subsection, the Secretary shall submit to the City of Sardis, Mississippi--
Struck: (A) weekly reports describing--
Struck: (i) the water level of Sardis Lake, as in effect on the date of submission of the report;
Struck: (ii) any applicable forecasts of that water level; and
Struck: (iii) any other information that may affect land conveyed under this subsection; and
Struck: (B) a timely notice of any anticipated flooding of a portion of the land conveyed under this subsection.
Struck: (c) Rogers County, Oklahoma.--
Struck: (1) Conveyance authorized.--The Secretary is authorized to convey to the City of Tulsa-Rogers County Port Authority, all right, title, and interest of the United States in and to the real property described in paragraph (2).
Struck: (2) Property.--The property to be conveyed under this subsection is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma:
Struck: (A) Parcel 1 consists of U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial).
Struck: (B) Parcel 2 consists of U.S. tract 124 (partial) and U.S. tract 128 (partial).
Struck: (C) Parcel 3 consists of U.S. tract 128 (partial).
Struck: (3) Reservation of rights.--The Secretary shall reserve and retain from any conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project (including Newt Graham Lock and Dam 18) authorized under the comprehensive plan for the Arkansas River Basin by the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842).
Struck: (4) 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.
Struck: (5) Consideration.--The City of Tulsa-Rogers County Port Authority shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
Struck: (d) Regional Corps of Engineers Office, Corpus Christi, Texas.--
Struck: (1) Conveyance authorized.--At such time as new facilities are available to be used as the office for the Galveston District of the Corps of Engineers, the Secretary shall convey to the Port of Corpus Christi, all right, title, and interest of the United States in and to the property described in paragraph (2).
Struck: (2) Description of property.--The property referred to in paragraph (1) is the land known as Tract 100 and Tract 101, including improvements on that land, in Corpus Christi, Texas, and described as follows:
Struck: (A) Tract 100.--The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas.
Struck: (B) Tract 101.--The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas.
Struck: (C) Improvements.--
Struck: (i) Main Building (RPUID AO-C-3516), constructed January 9, 1974.
Struck: (ii) Garage, vehicle with 5 bays (RPUID AO- C-3517), constructed January 9, 1985.
Struck: (iii) Bulkhead, Upper (RPUID AO-C-2658), constructed January 1, 1941.
Struck: (iv) Bulkhead, Lower (RPUID AO-C-3520), constructed January 1, 1933.
Struck: (v) Bulkhead Fence (RPUID AO-C-3521), constructed January 9, 1985.
Struck: (vi) Bulkhead Fence (RPUID AO-C-3522), constructed January 9, 1985.
Struck: (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.
Struck: (4) Consideration.--The Port of Corpus Christi shall pay to the Secretary an amount that is not less than the fair market value of the property (including improvements) conveyed under this subsection, as determined by the Secretary.
Struck: SEC. 345. ENVIRONMENTAL INFRASTRUCTURE.
Struck: (a) New Projects.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258) is amended by adding at the end the following:
Struck: "(274) Chandler, arizona.--$18,750,000 for water and wastewater infrastructure in the city of Chandler, Arizona.
Struck: "(275) Pinal county, arizona.--$40,000,000 for water and wastewater infrastructure in Pinal County, Arizona.
Struck: "(276) Tempe, arizona.--$37,500,000 for water and wastewater infrastructure, including water reclamation and groundwater recharge, for the City of Tempe, Arizona.
Struck: "(277) Bell gardens, california.--$12,500,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Bell Gardens, California.
Struck: "(278) Calimesa, california.--$3,500,000 for stormwater management and water supply infrastructure, including groundwater recharge and water recycling, in the city of Calimesa, California.
Struck: "(279) Compton creek, california.--$6,165,000 for stormwater management infrastructure in the vicinity of Compton Creek, city of Compton, California.
Struck: "(280) Downey, california.--$100,000,000 for water infrastructure, including water supply, in the city of Downey, California.
Struck: "(281) Lomita, california.--$4,716,600 for stormwater management infrastructure in the city of Lomita, California.
Struck: "(282) East san diego county, california.--$70,000,000 for water and wastewater infrastructure, including water recycling and water supply, in East County, San Diego County, California.
Struck: "(283) Eastern los angeles county, california.-- $25,000,000 for the planning, design, and construction of water and wastewater infrastructure, including water recycling and water supply, for the cities of Azusa, Baldwin Park, Covina, Duarte, El Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, San Dimas, and West Covina, and for Avocado Heights, Bassett, and Valinda, California.
Struck: "(284) Escondido creek, california.--$34,000,000 for water and wastewater infrastructure, including stormwater management, in the vicinity of Escondido Creek, city of Escondido, California.
Struck: "(285) Fontana, california.--$16,000,000 for stormwater management infrastructure in the city of Fontana, California.
Struck: "(286) Healdsburg, california.--$23,500,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Healdsburg, California.
Struck: "(287) Inland empire, california.--$60,000,000 for water and wastewater infrastructure, including water supply, in Riverside County and San Bernardino County, California.
Struck: "(288) Marin county, california.--$28,000,000 for water and wastewater infrastructure, including water supply, in Marin County, California.
Struck: "(289) Maywood, california.--$10,000,000 for wastewater infrastructure in the city of Maywood, California.
Struck: "(290) Monterey peninsula, california.--$20,000,000 for water and wastewater infrastructure, and water supply, on the Monterey Peninsula, California.
Struck: "(291) North richmond, california.--$45,000,000 for water and wastewater infrastructure, including coastal flooding resilience measures for such infrastructure, in North Richmond, California.
Struck: "(292) Ontario, california.--$40,700,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Ontario, California.
Struck: "(293) Paramount, california.--$20,000,000 for water and wastewater infrastructure, including stormwater management, in the city of Paramount, California.
Struck: "(294) Petaluma, california.--$13,700,000 for water and wastewater infrastructure, including water recycling, in the city of Petaluma, California.
Struck: "(295) Rialto, california.--$27,500,000 for wastewater infrastructure in the city of Rialto, California.
Struck: "(296) Rincon reservation, california.--$38,000,000 for water and wastewater infrastructure on the Rincon Band of Luiseno Indians reservation, California.
Struck: "(297) Sacramento-san joaquin delta, california.-- $50,000,000 for water and wastewater infrastructure (including stormwater management), water supply and related facilities, environmental restoration, and surface water protection and development, including flooding resilience measures for such infrastructure, in Contra Costa County, San Joaquin County, Solano County, Sacramento County, and Yolo County, California.
Struck: "(298) South san francisco, california.--$270,000,000 for water and wastewater infrastructure, including stormwater management and water recycling, at the San Francisco International Airport, California.
Struck: "(299) San joaquin and stanislaus, california.-- $200,000,000 for water and wastewater infrastructure, including stormwater management, and water supply, in San Joaquin County and Stanislaus County, California.
Struck: "(300) Santa rosa, california.--$19,400,000 for water and wastewater infrastructure, in the city of Santa Rosa California.
Struck: "(301) Sierra madre, california.--$20,000,000 for water and wastewater infrastructure, and water supply, including earthquake resilience measures for such infrastructure and water supply, in the city of Sierra Madre, California.
Struck: "(302) Smith river, california.--$25,000,000 for wastewater infrastructure in Howonquet Village and Resort and Tolowa Dee-ni' Nation, Smith River, California.
Struck: "(303) Torrance, california.--$100,000,000 for water and wastewater infrastructure, including groundwater recharge and water supply, in the city of Torrance, California.
Struck: "(304) Western contra costa county, california.-- $15,000,000 for wastewater infrastructure in the cities of Pinole, San Pablo, and Richmond, and in El Sobrante, California.
Struck: "(305) Hebron, connecticut.--$3,700,000 for water and wastewater infrastructure in the town of Hebron, Connecticut.
Struck: "(306) New london, connecticut.--$16,000,000 for wastewater infrastructure in the town of Bozrah and the City of Norwich, Connecticut.
Struck: "(307) Windham, connecticut.--$18,000,000 for water and wastewater infrastructure in the town of Windham, Connecticut.
Struck: "(308) New castle, delaware.--$35,000,000 for water and wastewater infrastructure, including stormwater management, in New Castle County, Delaware.
Struck: "(309) Washington, district of columbia.--$1,000,000 for water and wastewater infrastructure, including stormwater management, in Washington, District of Columbia.
Struck: "(310) Longboat key, florida.--$12,750,000 for water and wastewater infrastructure in the town of Longboat Key, Florida.
Struck: "(311) Martin, st. lucie, and palm beach counties, florida.--$100,000,000 for water and wastewater infrastructure, including stormwater management, to improve water quality in the St. Lucie River, Indian River Lagoon, and Lake Worth Lagoon in Martin County, St. Lucie County, and Palm Beach County, Florida.
Struck: "(312) Polk county, florida.--$10,000,000 for wastewater infrastructure, including stormwater management, in Polk County, Florida.
Struck: "(313) Okeechobee county, florida.--$20,000,000 for wastewater infrastructure in Okeechobee County, Florida.
Struck: "(314) Orange county, florida.--$50,000,000 for water and wastewater infrastructure, including water reclamation and water supply, in Orange County, Florida.
Struck: "(315) Guam.--$10,000,000 for water and wastewater infrastructure in Guam.
Struck: "(316) County of hawai'i, hawaii.--$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Hawai'i, Hawaii.
Struck: "(317) Honolulu, hawaii.--$20,000,000 for water and wastewater infrastructure, including stormwater management, in the City and County of Honolulu, Hawaii.
Struck: "(318) Kaua'i, hawaii.--$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Kaua'i, Hawaii.
Struck: "(319) Maui, hawaii.--$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Maui, Hawaii.
Struck: "(320) Dixmoor, illinois.--$15,000,000 for water and water supply infrastructure in the village of Dixmoor, Illinois.
Struck: "(321) Forest park, illinois.--$10,000,000 for wastewater infrastructure, including stormwater management, in the village of Forest Park, Illinois.
Struck: "(322) Lake county, illinois.--$10,000,000 for wastewater infrastructure, including stormwater management, in Lake County, Illinois.
Struck: "(323) Lemont, illinois.--$3,135,000 for water infrastructure in the village of Lemont, Illinois.
Struck: "(324) Lockport, illinois.--$6,550,000 for wastewater infrastructure, including stormwater management, in the city of Lockport, Illinois.
Struck: "(325) Montgomery and christian counties, illinois.-- $30,000,000 for water and wastewater infrastructure, including water supply, in Montgomery County and Christian County, Illinois.
Struck: "(326) Will county, illinois.--$30,000,000 for water and wastewater infrastructure, including stormwater management, in Will County, Illinois.
Struck: "(327) Orleans parish, louisiana.--$100,000,000 for water and wastewater infrastructure in Orleans Parish, Louisiana.
Struck: "(328) Fitchburg, massachusetts.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Fitchburg, Massachusetts.
Struck: "(329) Haverhill, massachusetts.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Haverhill, Massachusetts.
Struck: "(330) Lawrence, massachusetts.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Lawrence, Massachusetts.
Struck: "(331) Lowell, massachusetts.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Lowell, Massachusetts.
Struck: "(332) Methuen, massachusetts.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Methuen, Massachusetts.
Struck: "(333) Boonsboro, maryland.--$5,000,000 for water infrastructure, including water supply, in the town of Boonsboro, Maryland.
Struck: "(334) Brunswick, maryland.--$15,000,000 for water and wastewater infrastructure in the city of Brunswick, Maryland.
Struck: "(335) Cascade charter township, michigan.--$7,200,000 for water and wastewater infrastructure in Cascade Charter Township, Michigan.
Struck: "(336) Macomb county, michigan.--$40,000,000 for wastewater infrastructure, including stormwater management, in Macomb County, Michigan.
Struck: "(337) Northfield, minnesota.--$33,450,000 for water and wastewater infrastructure in the city of Northfield, Minnesota.
Struck: "(338) Centertown, missouri.--$15,900,000 for water and wastewater infrastructure in the village of Centertown, Missouri.
Struck: "(339) St. louis, missouri.--$45,000,000 for water and wastewater infrastructure in the city of St. Louis, Missouri.
Struck: "(340) St. louis county, missouri.--$45,000,000 for water and wastewater infrastructure in St. Louis County, Missouri.
Struck: "(341) Meridian, mississippi.--$10,000,000 for water and wastewater infrastructure, including stormwater management, in the city of Meridian, Mississippi.
Struck: "(342) Oxford, mississippi.--$10,000,000 for water and wastewater infrastructure, including stormwater management, in the City of Oxford, Mississippi.
Struck: "(343) Manchester, new hampshire.--$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Manchester, New Hampshire.
Struck: "(344) Bayonne, new jersey.--$825,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Bayonne, New Jersey.
Struck: "(345) Camden, new jersey.--$119,000,000 for wastewater infrastructure, including stormwater management, in the city of Camden, New Jersey.
Struck: "(346) Essex and sussex counties, new jersey.--$60,000,000 for water and wastewater infrastructure, including water supply, in Essex County and Sussex County, New Jersey.
Struck: "(347) Flemington, new jersey.--$4,500,000 for water and wastewater infrastructure, including water supply, in the Borough of Flemington, New Jersey.
Struck: "(348) Jefferson, new jersey.--$90,000,000 for wastewater infrastructure, including stormwater management, in Jefferson Township, New Jersey.
Struck: "(349) Kearny, new jersey.--$69,900,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows), in the town of Kearny, New Jersey.
Struck: "(350) Long hill, new jersey.--$7,500,000 for wastewater infrastructure, including stormwater management, in Long Hill Township, New Jersey.
Struck: "(351) Morris county, new jersey.--$30,000,000 for water and wastewater infrastructure in Morris County, New Jersey.
Struck: "(352) Passaic, new jersey.--$1,000,000 for wastewater infrastructure, including stormwater management, in Passaic County, New Jersey.
Struck: "(353) Phillipsburg, new jersey.--$2,600,000 for wastewater infrastructure, including stormwater management, in the town of Phillipsburg, New Jersey.
Struck: "(354) Rahway, new jersey.--$3,250,000 for water and wastewater infrastructure in the city of Rahway, New Jersey.
Struck: "(355) Roselle, new jersey.--$5,000,000 for wastewater infrastructure, including stormwater management, in the Borough of Roselle, New Jersey.
Struck: "(356) South orange village, new jersey.--$7,500,000 for water infrastructure, including water supply, in the Township of South Orange Village, New Jersey.
Struck: "(357) Summit, new jersey.--$1,000,000 for wastewater infrastructure, including stormwater management, in the city of Summit, New Jersey.
Struck: "(358) Warren, new jersey.--$4,550,000 for wastewater infrastructure, including stormwater management, in Warren Township, New Jersey.
Struck: "(359) Espanola, new mexico.--$21,995,000 for water and wastewater infrastructure in the city of Espanola, New Mexico.
Struck: "(360) Farmington, new mexico.--$15,500,000 for water infrastructure, including water supply, in the city of Farmington, New Mexico.
Struck: "(361) Mora county, new mexico.--$2,874,000 for wastewater infrastructure in Mora County, New Mexico.
Struck: "(362) Santa fe, new mexico.--$20,700,000 for water and wastewater infrastructure, including water reclamation, in the city of Santa Fe, New Mexico.
Struck: "(363) Clarkstown, new york.--$14,600,000 for wastewater infrastructure, including stormwater management, in the town of Clarkstown, New York.
Struck: "(364) Genesee, new york.--$85,000,000 for water and wastewater infrastructure, including stormwater management and water supply, in Genesee County, New York.
Struck: "(365) Queens, new york.--$119,200,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in Queens, New York.
Struck: "(366) Yorktown, new york.--$40,000,000 for wastewater infrastructure, including stormwater management, in the town of Yorktown, New York.
Struck: "(367) Brunswick, ohio.--$4,510,000 for wastewater infrastructure, including stormwater management, in the city of Brunswick, Ohio.
Struck: "(368) Brookings, oregon.--$2,000,000 for wastewater infrastructure in the City of Brookings and the Port of Brookings Harbor, Oregon.
Struck: "(369) Monroe, oregon.--$6,000,000 for water and wastewater infrastructure in the city of Monroe, Oregon.
Struck: "(370) Newport, oregon.--$60,000,000 for water and wastewater infrastructure, including water supply and water storage, in the city of Newport, Oregon.
Struck: "(371) Lane county, oregon.--$25,000,000 for water and wastewater infrastructure, including water supply and storage, distribution, and treatment systems, in Lane County, Oregon.
Struck: "(372) Palmyra, pennsylvania.--$36,300,000 for wastewater infrastructure in Palmyra Township, Pennsylvania.
Struck: "(373) Pike county, pennsylvania.--$10,000,000 for water and stormwater management infrastructure, including water supply, in Pike County, Pennsylvania.
Struck: "(374) Pittsburgh, pennsylvania.--$20,000,000 for wastewater infrastructure, including stormwater management, in the city of Pittsburgh, Pennsylvania.
Struck: "(375) Pocono, pennsylvania.--$22,000,000 for water and wastewater infrastructure in Pocono Township, Pennsylvania.
Struck: "(376) Westfall, pennsylvania.--$16,880,000 for wastewater infrastructure in Westfall Township, Pennsylvania.
Struck: "(377) Whitehall, pennsylvania.--$6,000,000 for stormwater management infrastructure in Whitehall Township and South Whitehall Township, Pennsylvania.
Struck: "(378) Beaufort, south carolina.--$7,462,000 for stormwater management infrastructure in Beaufort County, South Carolina.
Struck: "(379) Charleston, south carolina.--$25,583,000 for wastewater infrastructure, including stormwater management, in the city of Charleston, South Carolina.
Struck: "(380) Mount pleasant, south carolina.--$7,822,000 for wastewater infrastructure, including stormwater management, in the town of Mount Pleasant, South Carolina.
Struck: "(381) Portland, tennessee.--$1,850,000 for water and wastewater infrastructure, including water supply, in the city of Portland, Tennessee.
Struck: "(382) Smith county, tennessee.--$19,500,000 for wastewater infrastructure, including stormwater management, in Smith County, Tennessee.
Struck: "(383) Trousdale, macon, and sumner counties, tennessee.-- $178,000,000 for water and wastewater infrastructure in Trousdale County, Macon County, and Sumner County, Tennessee.
Struck: "(384) Virgin islands.--$1,584,000 for wastewater infrastructure in the United States Virgin Islands.
Struck: "(385) Bonney lake, washington.--$3,000,000 for water and wastewater infrastructure in the city of Bonney Lake, Washington.
Struck: "(386) Burien, washington.--$5,000,000 for stormwater management infrastructure in the city of Burien, Washington.
Struck: "(387) Ellensburg, washington.--$3,000,000 for wastewater infrastructure, including stormwater management, in the city of Ellensburg, Washington.
Struck: "(388) North bend, washington.--$30,000,000 for wastewater infrastructure, including stormwater management, in the city of North Bend, Washington.
Struck: "(389) Port angeles, washington.--$7,500,000 for wastewater infrastructure, including stormwater management, in the City and Port of Port Angeles, Washington.
Struck: "(390) Snohomish county, washington.--$56,000,000 for water and wastewater infrastructure, including water supply, in Snohomish County, Washington.
Struck: "(391) Western washington state.--$200,000,000 for water and wastewater infrastructure, including stormwater management, water supply, and conservation, in Chelan County, King County, Kittitas County, Pierce County, Snohomish County, Skagit County, and Whatcom County, Washington.
Struck: "(392) Milwaukee, wisconsin.--$4,500,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Milwaukee, Wisconsin.".
Struck: (b) Project Modifications.--
Struck: (1) Consistency with reports.--Congress finds that the project modifications described in this subsection are in accordance with the reports submitted to Congress by the Secretary under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled "Report to Congress on Future Water Resources Development", or have otherwise been reviewed by Congress.
Struck: (2) Modifications.--
Struck: (A) Sacramento area, california.--Section 219(f)(23) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840; 134 Stat. 2718) is amended by striking "Suburban".
Struck: (B) Los angeles county, california.--Section 219(f)(93) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840; 121 Stat. 1259) is amended--
Struck: (i) by striking "$3,000,000" and inserting "$103,000,000";
Struck: (ii) by striking "wastewater and water related infrastructure," and inserting "water and wastewater infrastructure, including stormwater management,"; and
Struck: (iii) by inserting "Dominguez Channel, Santa Clarita Valley," after "La Habra Heights,".
Struck: (C) Boulder county, colorado.--Section 219(f)(109) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-220) is amended by striking "$10,000,000 for water supply infrastructure" and inserting "$20,000,000 for water and wastewater infrastructure, including stormwater management and water supply".
Struck: (D) Charlotte county, florida.--Section 219(f)(121) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking "$3,000,000 for" and inserting "$33,000,000 for wastewater and".
Struck: (E) Miami-dade county, florida.--Section 219(f)(128) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking "$6,250,000 for" and inserting "$190,250,000 for wastewater infrastructure, including".
Struck: (F) Albany, georgia.--Section 219(f)(130) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking "$4,000,000 for a storm drainage system," and inserting "$109,000,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows),".
Struck: (G) Atlanta, georgia.--Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking "$25,000,000" and inserting "$75,000,000".
Struck: (H) East point, georgia.--Section 219(f)(136) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking "$5,000,000 for" and inserting "$15,000,000 for stormwater management and other".
Struck: (I) Cook county, illinois.--Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220) is amended by striking "$35,000,000 for" and inserting "$100,000,000 for wastewater infrastructure, including stormwater management, and other".
Struck: (J) Calumet region, indiana.--Section 219(f)(12)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1843; 121 Stat. 1225) is amended by striking "$100,000,000" and inserting "$125,000,000".
Struck: (K) 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) is amended by striking "$35,000,000" and inserting "$90,000,000".
Struck: (L) 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) is amended by striking "$2,500,000" and inserting "$12,500,000".
Struck: (M) St. charles, st. bernard, plaquemines, st. john the baptist, st. james, and assumption parishes, louisiana.--
Struck: (i) St. charles, st. bernard, and plaquemines parishes, louisiana.--Section 219(c)(33) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-219) is amended by striking "Water and wastewater infrastructure" and inserting "Water supply and wastewater infrastructure, including stormwater infrastructure".
Struck: (ii) St. john the baptist, st. james, and assumption parishes, louisiana.--Section 219(c)(34) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-219) is amended--
Struck: (I) in the paragraph heading, by striking "Baptist and st. james" and inserting "Baptist, st. james, and assumption"; and
Struck: (II) by striking "Baptist and St. James" and inserting "Baptist, St. James, and Assumption".
Struck: (iii) Authorization of appropriations for construction assistance.--Section 219(e) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1192) is amended--
Struck: (I) by striking the "and" at the end of paragraph (16);
Struck: (II) by striking the period at the end of paragraph (17) and inserting a semicolon; and
Struck: (III) by adding at the end the following:
Struck: "(18) $70,000,000 for the project described in subsection (c)(33); and
Struck: "(19) $36,000,000 for the project described in subsection (c)(34).".
Struck: (N) Michigan combined sewer overflows.--Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is amended by striking "correction of combined sewer overflows" and inserting "water and wastewater infrastructure, including stormwater management (including correction of combined sewer overflows)".
Struck: (O) Allegheny county, pennsylvania.--Section 219(f)(66)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A- 221; 121 Stat. 1240) is amended by striking "$20,000,000 for" and inserting "$30,000,000 for wastewater infrastructure, including stormwater management, and other".
Struck: (P) 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. 3818; 134 Stat. 2719) is amended by striking "$110,000,000" and inserting "$165,000,000".
Struck: (Q) Eastern shore and southwest virginia.--Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1255) is amended by striking "$20,000,000" and inserting "$52,000,000".
Struck: (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 is amended by this subsection remains authorized to be carried out by the Secretary.
Struck: SEC. 346. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
Struck: (a) Consistency With Reports.--Congress finds that the project modifications described in this section are in accordance with the reports submitted to Congress by the Secretary under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled "Report to Congress on Future Water Resources Development", or have otherwise been reviewed by Congress.
Struck: (b) Projects.--
Struck: (1) Chesapeake bay.--Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317) is amended--
Struck: (A) by inserting "infrastructure and" before "resource protection";
Struck: (B) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
Struck: (C) by inserting after subparagraph (D) the following:
Struck: "(E) wastewater treatment and related facilities;
Struck: "(F) water supply and related facilities;".
Struck: (2) New york city watershed.--Section 552(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3780) is amended--
Struck: (A) by striking "design and construction assistance" and inserting "design, repair, replacement, and construction assistance"; and
Struck: (B) by striking "treatment, and distribution facilities" and inserting "treatment, stormwater management, and water distribution facilities".
Struck: (3) Southeastern pennsylvania.--Section 566 of the Water Resources Development Act of 1996 (110 Stat. 3786; 113 Stat. 352) is amended--
Struck: (A) by striking the section heading and inserting "southeastern pennsylvania and lower delaware river basin.";
Struck: (B) in subsection (a), by inserting "and the Lower Delaware River Basin" after "southeastern Pennsylvania";
Struck: (C) in subsection (b), by striking "southeastern Pennsylvania, including projects for waste water treatment and related facilities," and inserting "southeastern Pennsylvania and the Lower Delaware River Basin, including projects for wastewater treatment and related facilities (including sewer overflow infrastructure improvements and other stormwater management),";
Struck: (D) by amending subsection (g) to read as follows:
Struck: "(g) Areas Defined.--In this section:
Struck: "(1) Lower delaware river basin.--The term 'Lower Delaware River Basin' means the Schuylkill Valley, Upper Estuary, Lower Estuary, and Delaware Bay subwatersheds of the Delaware River Basin in the Commonwealth of Pennsylvania and the States of New Jersey and Delaware.
Struck: "(2) Southeastern pennsylvania.--The term 'southeastern Pennsylvania' means Philadelphia, Bucks, Chester, Delaware, and Montgomery Counties, Pennsylvania."; and
Struck: (E) in subsection (h), by striking "to carry out this section $25,000,000" and inserting "$50,000,000 to provide assistance under this section to non-Federal interests in southeastern Pennsylvania, and $20,000,000 to provide assistance under this section to non-Federal interests in the Lower Delaware River Basin".
Struck: (4) Florida keys water quality improvements, florida.-- Section 109 of division B of the Consolidated Appropriations Act, 2001 (Public Law 106-554, appendix D, 114 Stat. 2763A-222; 121 Stat. 1217) is amended, in subsection (f), by striking "$100,000,000" and inserting "$200,000,000".
Struck: (5) Northeastern minnesota.--Section 569(h) of the Water Resources Development Act of 1999 (113 Stat. 368; 121 Stat. 1232) is amended by striking "$54,000,000" and inserting "$80,000,000".
Struck: (6) Mississippi.--Section 592 of the Water Resources Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121 Stat. 1233; 123 Stat. 2851) is amended--
Struck: (A) in subsection (b), by striking "and surface water resource protection and development" and inserting "surface water resource protection and development, stormwater management, and drainage systems"; and
Struck: (B) in subsection (g), by striking "$200,000,000" and inserting "$300,000,000".
Struck: (7) Lake tahoe basin restoration, nevada and california.-- Section 108(g) of division C of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2942) is amended by striking "$25,000,000" and inserting "$50,000,000".
Struck: (8) Central new mexico.--Section 593 of the Water Resources Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is amended--
Struck: (A) in subsection (a), by inserting "Colfax," before "Sandoval";
Struck: (B) in subsection (c), by inserting "water reuse," after "conservation,"; and
Struck: (C) in subsection (h), by striking "$50,000,000" and inserting "$100,000,000".
Struck: (9) South central pennsylvania.--Section 313(g)(1) of the Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146; 134 Stat. 2719) is amended by striking "$400,000,000" and inserting "$410,000,000".
Struck: (10) Ohio and north dakota.--Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2261; 121 Stat. 1140; 121 Stat. 1944) is amended in subsection (h), by striking "$240,000,000" and inserting "$250,000,000".
Struck: (11) Texas.--Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended, in subsection (g), by striking "$40,000,000" and inserting "$80,000,000".
Struck: (12) Lake champlain, vermont and new york.--Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652) is amended--
Struck: (A) in subsection (b)(2)(C), by striking "planning" and inserting "clean water infrastructure planning, design, and construction"; and
Struck: (B) in subsection (g), by striking "$32,000,000" and inserting "$50,000,000".
Struck: (13) 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) is amended--
Struck: (A) in subsection (i)(1), by striking "$435,000,000" and inserting "$800,000,000"; and
Struck: (B) in subsection (i)(2), by striking "$150,000,000" and inserting "$200,000,000".
Struck: (c) 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 is amended by this section remains authorized to be carried out by the Secretary.
Struck: SEC. 347. SENSE OF CONGRESS ON LEASE AGREEMENT.
Struck: It is the sense of Congress that the lease agreement for land and water areas within the Prado Flood Control Basin Project Area entered into between the Secretary and the City of Corona, California, for operations of the Corona Municipal Airport (Recreation Lease No. DACW09-1-67-60), is a valid lease of land at a water resources development project under section 4 of the Act of December 22, 1944 (16 U.S.C. 460d).
Struck: SEC. 348. FLOOD CONTROL AND OTHER PURPOSES.
Struck: Section 103(k)(4)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)(4)(B)) is amended by striking "2023" and inserting "2032".
Inserted: "(E) Periodic monitoring.--
Inserted: "(i) In general.--To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each period of 5 fiscal years, beginning on October 1, 2022, the Secretary shall, for each project--
Inserted: "(I) monitor the non-Federal provision of cash, in-kind services, and land; and
Inserted: "(II) manage, to the maximum extent practicable, the requirement of the non-Federal sponsor to provide cash, in-kind services, and land.
Inserted: "(ii) Other monitoring.--The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase for each project in the Plan.
Inserted: "(iii) Clarification.--Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year.
Inserted: "(iv) Limitation.--As applicable, and after including consideration of all expenditures and obligations incurred by the non-Federal sponsor for land and in-kind services for an authorized project for which a project partnership agreement has not been executed, the Secretary shall only require a cash contribution from the non-Federal sponsor to satisfy the cost share requirements of this subsection on the last day of each period of 5 fiscal years under clause (i).".
Inserted: (b) Update.--The Secretary and the South Florida Water Management District shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a).
Inserted: SEC. 356. MAINTENANCE DREDGING PERMITS.
Inserted: (a) In General.--The Secretary shall, to the maximum extent practicable and appropriate, prioritize the reissuance of any regional general permit for maintenance dredging that expired prior to May 1, 2021.
Inserted: (b) Savings Provision.--Nothing in this section affects, preempts, or interferes with any obligation to comply with the provisions of any Federal or State environmental law, including--
Inserted: (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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Inserted: (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
Inserted: (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Inserted: SEC. 357. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
Inserted: In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction.
Inserted: SEC. 358. TRIBAL ASSISTANCE.
Inserted: (a) Clarification of Existing Authority.--
Inserted: (1) In general.--Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Indian Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188) to address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon.
Inserted: (2) Examination.--Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects:
Inserted: (A) Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038, chapter 831) and the first section and section 2(a) of the Act of August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832, 832a(a)).
Inserted: (B) McNary Dam, Washington and Oregon, as authorized by section 2 of the Act of March 2, 1945 (commonly known as the "River and Harbor Act of 1945") (59 Stat. 22, chapter 19).
Inserted: (C) John Day Dam, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188).
Inserted: (3) Requirements.--The village development plan under paragraph (1) shall include, at a minimum--
Inserted: (A) an evaluation of sites on both sides of the Columbia River;
Inserted: (B) an assessment of suitable Federal land and land owned by the States of Washington and Oregon; and
Inserted: (C) an estimated cost and tentative schedule for the construction of each housing development.
Inserted: (4) Location of assistance.--The Secretary may provide housing and related assistance under this subsection at 1 or more sites in the States of Washington and Oregon.
Inserted: (b) Provision of Assistance on Federal Land.--The Secretary may construct housing or provide related assistance on land owned by the United States under the village development plan under subsection (a)(1).
Inserted: (c) Acquisition and Disposal of Land.--
Inserted: (1) In general.--Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance under the village development plan under subsection (a)(1).
Inserted: (2) Advance acquisition.--Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and clearances for the construction of housing or related improvements on the land or on the interests in land.
Inserted: (3) Disposal of unsuitable land.--If the Secretary determines that any land or interest in land acquired by the Secretary under this section in advance of completion of all required documentation for the construction of housing or related improvements is unsuitable for that housing or for those related improvements, the Secretary may--
Inserted: (A) dispose of the land or interest in land by sale; and
Inserted: (B) credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land.
Inserted: (d) Limitation.--The Secretary shall only acquire land from willing landowners in carrying out this section.
Inserted: (e) Conforming Amendment.--Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
Inserted: SEC. 359. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Covered project.--The term "covered project" means any of the following projects of the Corps of Engineers:
Inserted: (A) Ball Mountain Lake, Vermont.
Inserted: (B) Townshend Lake, Vermont.
Inserted: (2) Recreation.--The term "recreation" includes downstream whitewater recreation that is dependent on operations, recreational fishing, and boating at a covered project.
Inserted: (b) Sense of Congress.--It is the sense of Congress that the Secretary should--
Inserted: (1) ensure that, to the extent compatible with other project purposes, each covered project is operated in such a manner as to protect and enhance recreation associated with the covered project; and
Inserted: (2) manage land at each covered project to improve opportunities for recreation at the covered project.
Inserted: (c) Modification of Water Control Plans.--The Secretary may modify, or undertake temporary deviations from, the water control plan for a covered project in order to enhance recreation, if the Secretary determines the modifications or deviations--
Inserted: (1) will not adversely affect other authorized purposes of the covered project; and
Inserted: (2) will not result in significant adverse impacts to the environment.
Inserted: SEC. 360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Inserted: Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f-2 note; Public Law 114-322) is amended by adding at the end the following:
Inserted: "(g) Special Rule.--Notwithstanding subsection (c), the non-Federal share of the cost to rehabilitate Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of Waterbury Dam.".
Inserted: SEC. 361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Inserted: Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended--
Inserted: (1) by striking "2 representatives" and inserting "3 representatives"; and
Inserted: (2) by inserting "at least 1 of which shall be a representative of the Florida Department of Environmental Protection and at least 1 of which shall be a representative of the Florida Fish and Wildlife Conservation Commission," after "Florida,".
Inserted: SEC. 362. NEW MADRID COUNTY HARBOR, MISSOURI.
Inserted: Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following:
Inserted: "(18) Second harbor at New Madrid County Harbor, Missouri.".
Inserted: SEC. 363. TRINITY RIVER AND TRIBUTARIES, TEXAS.
Inserted: Section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802) is amended by inserting "flood risk management, and ecosystem restoration," after "navigation,".
Inserted: SEC. 364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, ILLINOIS.
Inserted: (a) In General.--Not later than 90 days after the date on which the Secretary receives a request from the Governor of Illinois to terminate a contract described in subsection (c), the Secretary shall amend the contract to release to the United States all rights of the State of Illinois to utilize water storage space in the reservoir project to which the contract applies.
Inserted: (b) Relief of Certain Obligations.--On execution of an amendment described in subsection (a), the State of Illinois shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation cost allocated to the water supply storage specified in the contract for the reservoir project to which the contract applies.
Inserted: (c) Contracts.--Subsection (a) applies to the following contracts between the United States and the State of Illinois:
Inserted: (1) Contract DACW43-88-C-0088, entered into on September 23, 1988, for utilization of storage space for water supply in Rend Lake, Illinois.
Inserted: (2) Contract DA-23-065-CIVENG-65-493, entered into on April 28, 1965, for utilization of storage space for water supply in Rend Lake, Illinois.
Inserted: (3) Contract DACW43-83-C-0008, entered into on July 6, 1983, for utilization of storage space in Carlyle Lake, Illinois.
Inserted: (4) Contract DACW43-83-C-0009, entered into on July 6, 1983, for utilization of storage space in Lake Shelbyville, Illinois.
Inserted: SEC. 365. FEDERAL ASSISTANCE.
Inserted: Section 1328(c) of the America's Water Infrastructure Act of 2018 (132 Stat. 3826) is amended by striking "4 years" and inserting "8 years".
Inserted: SEC. 366. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
Inserted: (a) Transfer.--
Inserted: (1) In general.--Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation.
Inserted: (2) Conditions.--The land transfer under this subsection shall be subject to the following conditions:
Inserted: (A) The transfer--
Inserted: (i) shall not interfere with the operation by the Corps of Engineers of the Sardis Lake Project or any other authorized civil works project; and
Inserted: (ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake Project or any other authorized civil works project.
Inserted: (B) The Secretary shall retain the right to inundate with water the land transferred to the Choctaw Nation under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil works project.
Inserted: (C) No gaming activities may be conducted on the land transferred under this subsection.
Inserted: (b) Land Description.--
Inserted: (1) In general.--The land to be transferred pursuant to subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as "USACE" on the map entitled "Sardis Lake - Choctaw Nation Proposal" and dated February 22, 2022.
Inserted: (2) Survey.--The exact acreage and legal descriptions of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.
Inserted: (c) Consideration.--The Choctaw Nation shall pay--
Inserted: (1) to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and
Inserted: (2) all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of--
Inserted: (A) the survey under subsection (b)(2);
Inserted: (B) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
Inserted: (C) any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air.
Inserted: SEC. 367. LAKE BARKLEY, KENTUCKY, LAND CONVEYANCE.
Inserted: (a) In General.--The Secretary is authorized to convey to the Eddyville Riverport Authority (referred to in this section as the "Authority"), for fair market value, all right, title, and interest of the United States in and to approximately 2.2 acres of land adjacent to the southwestern boundary of the port facilities of the Authority at the Barkley Dam and Lake Barkley, Kentucky, project, authorized by the River and Harbor Act of 1946 (60 Stat. 636, Public Law 79-525).
Inserted: (b) Conditions.--
Inserted: (1) Quitclaim deed.--Any conveyance of land under this section shall be by quitclaim deed.
Inserted: (2) Reservation of rights.--The Secretary shall reserve from a conveyance of land under this section such easements, rights-of-way, or other interests as the Secretary determines to be necessary and appropriate to the ensure the continued operation of the project described in subsection (a).
Inserted: (3) Terms and conditions.--The Secretary may subject any conveyance under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States.
Inserted: (c) Administrative Costs.--The Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under this section.
Inserted: (d) Waiver of Real Property Screening Requirements.--Section 2696 of title 10, United States Code, shall not apply to the conveyance of land under this section.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and conservation and other purposes, as identified in the reports titled "Report to Congress on Future Water Resources Development" submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section:
(1) Navigation.--
Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of Report of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name[struck: Chief of ][inserted: Decision ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs[struck: Engineers ------------------------------------------------------------------------ ][inserted: Document ]1. AK Elim Subsistence March 12, Federal: $74,905,000 Harbor[struck: Study, ][inserted: ]2021 Non-Federal: $1,896,000[struck: Elim ]Total: $76,801,000[struck: ------------------------------------------------------------------------ ]2. CA Port of Long Beach October 14, Federal: $73,533,500 Deep Draft 2021[struck: and ][inserted: ; ]May[struck: ][inserted: ]Non-Federal: $74,995,500 Navigation, Los 31, 2022 Total: $148,529,000 Angeles[struck: County ------------------------------------------------------------------------ ]3.[struck: GA][inserted: WA][struck: Brunswick][inserted: Tacoma] Harbor[struck: March 11, ][inserted: May 26, 2022 ]Federal:[struck: $10,774,500 Modifications, 2022 ][inserted: $120,701,000 Navigation ]Non-Federal:[struck: $3,594,500 Glynn County ][inserted: $174,627,000 Improvement ]Total:[struck: $14,369,000 ------------------------------------------------------------------------ ][inserted: $295,328,000 ]4.[struck: WA Tacoma ][inserted: NY, New Jersey ]Harbor[struck: May 26][inserted: June 3], 2022 Federal:[struck: $120,701,000 Navigation ][inserted: $2,124,561,500 NJ Deepening Channel ]Non-Federal:[struck: $174,627,000][inserted: $3,439,337,500] Improvement Total:[struck: $295,328,000 Project ------------------------------------------------------------------------][inserted: $5,563,899,000](2) Flood risk management.--
Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of Report of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name[struck: Chief of ][inserted: Decision ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs[struck: Engineers ------------------------------------------------------------------------ ][inserted: Document ]1. AL Selma[struck: Flood Risk ][inserted: ]October 7, Federal: $15,533,100[struck: Management and ]2021 Non-Federal: $8,363,900[struck: Bank ]Total: $23,897,000[struck: Stabilization ------------------------------------------------------------------------ ]2.[struck: AL][inserted: CA][struck: Valley Creek Flood October 29, ][inserted: Lower Cache Creek, June 21, 2021 ]Federal:[struck: $17,725,000 Risk Management, 2021 ][inserted: $215,152,000 Yolo County, ]Non-Federal:[struck: $9,586,000 Bessemer][inserted: $115,851,000 Woodland,] and[struck: ][inserted: ]Total:[struck: $27,311,000 Birmingham ------------------------------------------------------------------------ ][inserted: $331,003,000 Vicinity ]3.[struck: CA][inserted: OR][struck: Lower Cache Creek, June 21, 2021 ][inserted: Portland Metro August 20, ]Federal:[struck: $215,152,000 Yolo County, ][inserted: $77,111,100 Levee System 2021 ]Non-Federal:[struck: $115,851,000 Woodland and ][inserted: $41,521,300 ]Total:[struck: $331,003,000 Vicinity ------------------------------------------------------------------------ ][inserted: $118,632,400 ]4. NE Papillion Creek January 24, Federal: $91,491,400 and Tributaries 2022 Non-Federal: $52,156,300 Lakes Total: $143,647,700[struck: ------------------------------------------------------------------------ ]5.[struck: OR][inserted: AL][struck: Portland Metro August 20, ][inserted: Valley Creek, October 29, ]Federal:[struck: $77,111,100 Levee System][inserted: $17,725,000 Bessemer and] 2021 Non-Federal:[struck: $41,521,300 ][inserted: $9,586,000 Birmingham ]Total:[struck: $118,632,400 ------------------------------------------------------------------------][inserted: $27,311,000 6. PR Rio Guanajibo May 24, 2022 Federal: $110,974,500 Non-Federal: $59,755,500 Total: $170,730,000](3) Hurricane and storm damage risk reduction.--
Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of Report of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name[struck: Chief of ][inserted: Decision ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs[struck: Engineers ------------------------------------------------------------------------ ][inserted: Document ]1. CT Fairfield and New January 19, Federal: $92,937,000 Haven Counties 2021 Non-Federal: $50,043,000[struck: Coastal Storm ]Total: $142,980,000[struck: Risk Management ------------------------------------------------------------------------ 2][inserted: 2. PR San Juan Metro September 16, Federal: $245,418,000 2021 Non-Federal: $131,333,000 Total: $376,751,000 3]. FL Florida Keys, September 24, Federal: $1,513,531,000 Monroe County[struck: , ][inserted: ]2021 Non-Federal: $814,978,000[struck: Coastal Storm ]Total: $2,328,509,000[struck: Risk Management ------------------------------------------------------------------------ 3][inserted: 4]. FL[struck: Pinellas][inserted: Okaloosa] County[struck: , ][inserted: ]October[struck: 29, ][inserted: 7, ]Initial Federal:[struck: $8,627,000 Treasure Island ]2021[struck: ][inserted: $19,822,000 ]Initial Non-Federal:[struck: and Long Key $5,332,000 Segments, Coastal ][inserted: $11,535,000 Initial ]Total:[struck: $13,959,000 Storm Risk ][inserted: $31,357,000 ]Renourishment Federal:[struck: Management $92,000,000][inserted: $71,045,000] Renourishment Non-Federal:[struck: $101,690,000][inserted: $73,787,000] Renourishment Total:[struck: $193,690,000 ------------------------------------------------------------------------ 4][inserted: $144,832,000 5].[struck: LA][inserted: SC][struck: Upper Barataria January 28][inserted: Folly Beach October 26], [inserted: Initial ]Federal:[struck: $1,005,001,000 Basin Hurricane 2022 ][inserted: 2021 $45,490,000 Initial ]Non-Federal:[struck: $541,155,000 and Storm Damage ][inserted: $5,054,000 Initial ]Total:[struck: $1,546,156,000 Risk Reduction ------------------------------------------------------------------------ 5][inserted: $50,544,000 Renourishment Federal: $164,424,000 Renourishment Non-Federal: $26,767,000 Renourishment Total: $191,191,000 6].[struck: PR][inserted: FL][struck: San Juan September 16, ][inserted: Pinellas County October 29, Initial ]Federal:[struck: $245,418,000 Metropolitan Area ][inserted: $8,627,000 ]2021[struck: ][inserted: Initial ]Non-Federal:[struck: $131,333,000 Coastal Storm ][inserted: $5,332,000 Initial ]Total:[struck: $376,751,000 Risk Management ------------------------------------------------------------------------ 6][inserted: $13,959,000 Renourishment Federal: $92,000,000 Renourishment Non-Federal: $101,690,000 Renourishment Total: $193,690,000 7].[struck: SC][inserted: NY][struck: Folly Beach, ][inserted: South Shore of ]October[struck: 26][inserted: 27],[struck: Initial ]Federal:[struck: Coastal Storm 2021 $45,490,000 Risk Management Initial ][inserted: $371,310,000 Staten Island, 2016 Non-Federal: $199,940,000 Fort Wadsworth to Total: $571,250,000 Oakwood Beach 8. LA Upper Barataria January 28, Federal: $1,005,001,000 Basin 2022 ]Non-Federal:[struck: $5,054,000][inserted: $541,155,000] Total:[struck: $50,544,000 Renourishment ][inserted: $1,546,156,000 9. LA South Central June 23, 2022 ]Federal:[struck: $164,424,000 Renourishment ][inserted: $594,600,000 Coast, St. ]Non-Federal:[struck: $26,767,000 Renourishment ][inserted: $320,169,000 Martin, St. Mary, ]Total:[struck: $191,191,000 ------------------------------------------------------------------------][inserted: $914,769,000 and Iberia Parishes](4)
[struck: Flood risk management ][inserted: Hurricane and storm damage reduction ]and ecosystem restoration.--Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of Report of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name[struck: Chief of ][inserted: Decision ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs[struck: Engineers ------------------------------------------------------------------------ ][inserted: Document ]1. TX Coastal Texas September 16, Federal: $19,237,894,000 Protection and 2021 Non-Federal: Restoration $11,668,393,000 [inserted: Feasibility Study ]Total: $30,906,287,000[struck: ------------------------------------------------------------------------](5) Ecosystem restoration.--
Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of Report of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name[struck: Chief of ][inserted: Decision ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs[struck: Engineers ------------------------------------------------------------------------ ][inserted: Document ]1. CA Prado Basin[struck: ][inserted: ]April 22,[struck: ][inserted: ]Federal: $33,976,000 Ecosystem 2021 Non-Federal: $18,294,000 Restoration, San Total: $52,270,000 Bernardino, Riverside and Orange Counties[struck: ------------------------------------------------------------------------ ]2. KY Three Forks of May 24, 2022 Federal: $72,138,000 Beargrass Creek Non-Federal: $48,998,000[struck: Ecosystem ]Total:[struck: $121,136,000 Restoration, Louisville ------------------------------------------------------------------------][inserted: $121,135,000](6) Modifications and other projects.--
Inserted: ------------------------------------------------------------------------C. Date of Report or
[struck: ------------------------------------------------------------------------ C. Date of ]A. State[struck: ][inserted: ]B.[struck: ][inserted: ]Name Decision[struck: ][inserted: ]D.[struck: ][inserted: ]Estimated[struck: ][inserted: ]Costs Document[struck: ------------------------------------------------------------------------ ]1.[struck: DC Washington, D.C. July 22, 2021 Federal: $17,740,000 and Vicinity Non-Federal: $0 Flood Risk Total: $17,740,000 Management ------------------------------------------------------------------------ 2. ]LA Lake Pontchartrain December 16, Federal: $807,000,000 and Vicinity 2021 Non-Federal: $434,000,000 Total: $1,241,000,000[struck: ------------------------------------------------------------------------ 3][inserted: 2]. LA West Bank and December 17, Federal: $431,000,000 Vicinity 2021 Non-Federal: $232,000,000 Total: $663,000,000[struck: ------------------------------------------------------------------------ ][inserted: 3. GA Brunswick Harbor, March 11, Federal: $10,774,500 Glynn County 2022 Non-Federal: $3,594,500 Total: $14,369,000 ]4. [inserted: DC Washington, DC and July 22, 2021 Federal: $17,740,000 Vicinity Non-Federal: $0 Total: $17,740,000 5. MI Soo Locks, Sault June 6, 2022 Federal: $2,932,116,000 Ste. Marie Non-Federal: $0 Total: $2,932,116,000 6. ]WA Howard A. Hanson May 19, 2022 Federal: $815,207,000 Dam[struck: , Water Supply ][inserted: Additional ]Non-Federal: $39,979,000[struck: and Ecosystem][inserted: Water Storage] Total: $855,185,000[struck: Restoration ][inserted: 7. MO Critical January 13, Federal: $5,956,404 Infrastructure 2020 Non-Federal: $0 Cyber Security ]-[struck: -----------------------------------------------------------------------][inserted: Total: $5,956,404 Mandatory Center of Expertise Lab and Office Facility 8. FL Central and May 31, 2022 Federal: $2,500,686,000 Southern Florida, Non-Federal: $2,500,686,000 Indian River Total: $5,001,372,000 Lagoon]Struck: TITLE V--COLUMBIA RIVER BASIN RESTORATION
Struck: SEC. 501. DEFINITIONS.
Struck: In this title:
Struck: (1) Continuing authority program.--The term "continuing authority program" has the meaning given that term in section 7001(c)(1)(D)(iii) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)(iii)).
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Struck: (2) Covered state.--The term "covered State" means the State of Idaho, Montana, Oregon, or Washington.
Struck: (3) Covered tribe.--The term "covered Tribe" means an Indian Tribe that has treaty land or treaty rights in relationship to the Columbia River Basin in a covered State.
Struck: (4) Lower snake river dams.--The term "Lower Snake River Dams" means the dams on the Lower Snake River authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 21).
Struck: (5) Task force.--The term "Task Force" means the Columbia River Basin Task Force established under section 503.
Struck: (6) Trust.--The term "Trust" means the Columbia River Basin Trust established under section 502.
Struck: SEC. 502. COLUMBIA RIVER BASIN TRUST.
Struck: (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a committee to be known as the Columbia River Basin Trust.
Struck: (b) Membership.--The Trust shall be composed of the following:
Struck: (1) 8 members appointed by the Secretary, which shall represent equally the various interests of the public in the Columbia River Basin, including representatives of--
Struck: (A) agriculture groups;
Struck: (B) environmental or conservation organizations;
Struck: (C) the hydroelectric power industry;
Struck: (D) recreation user groups;
Struck: (E) marine transportation groups; and
Struck: (F) other appropriate interests, as determined by the Secretary.
Struck: (2) 4 representatives of each covered State, including at least 1 member of each applicable State government, appointed by the Secretary on the recommendation of the Governor of the applicable State.
Struck: (3) 1 representative of each covered Tribe, appointed by the Secretary on the recommendation of the applicable Tribe.
Struck: SEC. 503. COLUMBIA RIVER BASIN TASK FORCE.
Struck: (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a task force, to be known as the Columbia River Basin Task Force.
Struck: (b) Membership.--The Task Force shall be composed of--
Struck: (1) a representative of the Corps of Engineers, who shall serve as Chairperson;
Struck: (2) a representative of the Department of Agriculture;
Struck: (3) a representative of the Bureau of Reclamation;
Struck: (4) a representative of the Bureau of Indian Affairs;
Struck: (5) a representative of the National Marine Fisheries Service;
Struck: (6) a representative of the Bonneville Power Administration; and
Struck: (7) each member of the Trust.
Struck: (c) Duties.--The Task Force shall--
Struck: (1) meet not less frequently than 4 times each year;
Struck: (2) establish procedures for the preparation and approval of the restoration plan under subsection (e), which shall include a requirement that any final restoration plan be approved by at least 2/3 of the members of the Task Force; and
Struck: (3) prepare the restoration plan in accordance with subsection (e), including--
Struck: (A) reviewing restoration projects that may be included in the restoration plan; and
Struck: (B) developing recommendations to be included in the restoration plan.
Struck: (d) Assessment.--
Struck: (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to the Task Force a report containing the results of an assessment, carried out at full Federal expense, of water resources needs in the Columbia River Basin, including an assessment of--
Struck: (A) the effects of the Lower Snake River Dams on the Federal, State, and regional economies;
Struck: (B) the effects in the Columbia River Basin of the Lower Snake River Dams on--
Struck: (i) recreation;
Struck: (ii) hydropower generation and associated carbon emissions reductions;
Struck: (iii) water supplies;
Struck: (iv) flood control;
Struck: (v) marine transportation;
Struck: (vi) fish and wildlife, particularly anadromous salmonids and other species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
Struck: (vii) down-river water quality, including temperature, sedimentation, and dissolved oxygen; and
Struck: (viii) Tribal treaty rights and culturally or historically significant Tribal lands;
Struck: (C) non-breaching alternatives for increasing fish passage and salmon recovery; and
Struck: (D) other issues, as requested by the Task Force.
Struck: (2) Consultation.--In preparing the report under paragraph (1), the Secretary shall consult with--
Struck: (A) the Task Force;
Struck: (B) the Governor of each covered State; and
Struck: (C) the government of each covered Tribe.
Struck: (e) Restoration Plan.--
Struck: (1) In general.--Not later than 2 years after the date on which the Secretary transmits the report under subsection (d), the Task Force shall prepare, at full Federal expense, a restoration plan for the Columbia River Basin, based on the results of the assessment contained in the report.
Struck: (2) Contents of plan.--The Task Force shall include in the restoration plan--
Struck: (A) a description of the overall goals of the restoration plan;
Struck: (B) recommendations for restoration projects in the Columbia River Basin, which may address any of--
Struck: (i) salmon recovery in the Columbia River Basin;
Struck: (ii) water quality and water supply improvements along the Snake River System;
Struck: (iii) low-carbon emission transportation and shipping routes;
Struck: (iv) Tribal treaty rights, and the protection of Tribal historical and cultural resources throughout the Columbia River Basin;
Struck: (v) Federal, State, and regional economies;
Struck: (vi) recreation and tourism;
Struck: (vii) hydropower generation and associated carbon emissions reductions; and
Struck: (viii) flood control; and
Struck: (C) recommendations for any other appropriate actions that may help achieve the goals of the restoration plan.
Struck: (3) Revision of plan.--The Task Force may, on an annual basis, revise the restoration plan.
Struck: (4) Public comment.--Before finalizing the restoration plan, including any revision of the restoration plan, the Task Force shall make a proposed restoration plan available for public review and comment.
Struck: (5) Transmittal of plan to congress.--The Secretary shall transmit the final restoration plan, including any finalized revision of the restoration plan, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and to each Member of Congress from a covered State.
Struck: (f) Critical Restoration Projects.--
Struck: (1) In general.--The Secretary, in coordination with the Task Force, shall identify critical restoration projects included in the final restoration plan transmitted under subsection (e)(5) that may be carried out in accordance with the criteria for projects carried out under a continuing authority program.
Struck: (2) Agreement.--The Secretary may carry out a critical restoration project identified under paragraph (1) after entering into an agreement with an appropriate non-Federal interest in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this section.
Struck: (3) Tribal projects.--To the maximum extent practicable, the Secretary shall ensure that not less than 30 percent of the funds made available for critical restoration projects identified under paragraph (1) shall be used exclusively for projects that are--
Struck: (A) within the boundary of an Indian reservation; or
Struck: (B) administered by an Indian Tribe.
Struck: (4) Cost sharing.--
Struck: (A) In general.--A non-Federal cost share shall be required to carry out any project under this subsection that does not primarily benefit the Federal Government, as determined by the Task Force.
Struck: (B) Federal share.--The Federal share of the cost of carrying out a project under this subsection for which the Task Force requires a non-Federal cost share under subparagraph (A) shall be 65 percent, except that such Federal share shall not exceed $10,000,000 for any project.
Struck: (C) Non-federal share.--
Struck: (i) In general.--Not more than 50 percent of the non-Federal share of the cost of carrying out a project described in subparagraph (B) may be provided in the form of services, materials, or other in-kind contributions.
Struck: (ii) Required non-federal contributions.-- For any project described in subparagraph (B), the non-Federal interest shall--
Struck: (I) provide all land, easements, rights-of-way, dredged material disposal areas, and relocations;
Struck: (II) pay all operation, maintenance, replacement, repair, and rehabilitation costs; and
Struck: (III) hold the United States harmless from all claims arising from the construction, operation, and maintenance of the project.
Struck: (iii) Credit.--For purposes of clause (i), the Secretary shall credit the non-Federal interest for contributions provided under clause (ii)(I).
Struck: (g) Savings Clause.--Nothing in this section authorizes the Secretary to modify, deauthorize, or remove any of the Lower Snake River Dams.
Struck: SEC. 504. ADMINISTRATION.
Struck: Nothing in this title diminishes or affects--
Struck: (1) any water right of an Indian Tribe;
Struck: (2) any fishing right of an Indian Tribe;
Struck: (3) any other right of an Indian Tribe;
Struck: (4) any treaty right that is in effect on the date of enactment of this Act;
Struck: (5) any external boundary of an Indian reservation of an Indian Tribe;
Struck: (6) any authority of the State that relates to the protection, regulation, or management of fish, terrestrial wildlife, and cultural and archaeological resources; or
Struck: (7) any authority of the Secretary, the Secretary of the Interior, or the head of any other Federal agency under a law in effect on the date of enactment of this Act, including--
Struck: (A) division A of subtitle III of title 54, United States Code (formerly known as the "National Historic Preservation Act" (16 U.S.C. 470 et seq.));
Struck: (B) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
Struck: (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
Struck: (D) the Act entitled "An Act for the protection of the bald eagle", approved June 8, 1940 (16 U.S.C. 668 et seq.);
Struck: (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
Struck: (F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
Struck: (G) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
Struck: (H) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
Struck: (I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
Struck: (J) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
Struck: (K) the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.).
Struck: TITLE VI--DETERMINATION OF BUDGETARY EFFECTS
Struck: SEC. 601. DETERMINATION OF BUDGETARY EFFECTS.
Struck: The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Struck: Passed the House of Representatives June 8, 2022.
Inserted: SEC. 402. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.
Inserted: (a) In General.--The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including--
Inserted: (1) relocation of affected communities; and
Inserted: (2) construction of replacement facilities.
Inserted: (b) Cost Share.--The non-Federal interest shall share in the cost to study, design, and construct a project carried out under this section in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2213, 2215), except that, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)), the non-Federal share shall be 10 percent.
Inserted: (c) Repeal.--Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed.
Inserted: (d) Treatment.--The program authorized by subsection (a) shall be considered a continuation of the program authorized by section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of enactment of this Act).
Inserted: SEC. 403. EXPEDITED COMPLETION OF PROJECTS.
Inserted: The Secretary shall expedite completion of the following projects:
Inserted: (1) Project for flood risk management, Cumberland, Maryland, restoration and rewatering of the Chesapeake and Ohio Canal, authorized by section 580 of the Water Resources Development Act of 1999 (113 Stat. 375).
Inserted: (2) Project for flood risk management, Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
Inserted: (3) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
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Inserted: (4) Project for flood risk management, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576).
Inserted: (5) Project for flood risk management, Rose and Palm Garden Washes, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Inserted: (6) Project for ecosystem restoration, El Corazon, Arizona, authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
Inserted: (7) Projects for ecosystem restoration, Chesapeake Bay Comprehensive Water Resources and Restoration Plan, Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759).
Inserted: (8) Projects authorized under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1258).
Inserted: (9) Projects authorized under section 8004 of the Water Resources Development Act of 2007 (33 U.S.C. 652 note; Public Law 110-114).
Inserted: (10) Projects authorized under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
Inserted: (11) Project for flood risk management, Lower Santa Cruz River, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Inserted: (12) Project for flood risk management, McCormick Wash, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Inserted: (13) Project for navigation, including maintenance and channel deepening, McClellan-Kerr Arkansas River Navigation System.
Inserted: (14) Project for dam safety modifications, Bluestone Dam, West Virginia.
Inserted: (15) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (32 Stat. 333, chapter 1079).
Inserted: (16) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut.
Inserted: (17) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut.
Inserted: (18) Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized by section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135).
Inserted: (19) Project for mitigation of shore damage from navigation works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
Inserted: (20) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, pursuant to section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
Inserted: (21) Project for navigation, Kentucky Lock Addition, Kentucky.
Inserted: (22) Maintenance dredging of the Federal channel for the project for navigation, Columbia, Snake, and Clearwater Rivers, Oregon, Washington, and Idaho, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at the Port of Clarkston, Washington, and the Port of Lewiston, Idaho.
Inserted: (23) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
Inserted: (24) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Portsmouth, New Castle, and Newington, New Hampshire, and Kittery and Elliot, Maine, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173).
Inserted: SEC. 404. SPECIAL RULES.
Inserted: (a) The following conditions apply to the project described in section 403(19):
Inserted: (1) The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) at a Federal cost of $45,000,000.
Inserted: (2) The project may include Federal participation in periodic nourishment.
Inserted: (3) For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense.
Inserted: (b) The following conditions apply to the project described in section 403(20):
Inserted: (1) The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) at a Federal cost of $15,000,000.
Inserted: (2) If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary--
Inserted: (A) to construct the measure; and
Inserted: (B) to operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project.
Inserted: (3) If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense.
Inserted: SEC. 405. CHATTAHOOCHEE RIVER PROGRAM.
Inserted: (a) Establishment.--
Inserted: (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin.
Inserted: (2) Form.--The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (b), including projects for--
Inserted: (A) sediment and erosion control;
Inserted: (B) protection of eroding shorelines;
Inserted: (C) ecosystem restoration, including restoration of submerged aquatic vegetation;
Inserted: (D) protection of essential public works;
Inserted: (E) beneficial uses of dredged material; and
Inserted: (F) other related projects that may enhance the living resources of the Chattahoochee River Basin.
Inserted: (b) Comprehensive Plan.--
Inserted: (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2).
Inserted: (2) Coordination.--The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
Inserted: (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems.
Inserted: (c) Agreement.--
Inserted: (1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b).
Inserted: (2) Requirements.--Each agreement entered into under this subsection shall provide for--
Inserted: (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and
Inserted: (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.
Inserted: (d) Cost Sharing.--
Inserted: (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent.
Inserted: (2) Non-federal share.--
Inserted: (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs.
Inserted: (B) Operation and maintenance costs.--The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent.
Inserted: (e) Cooperation.--In carrying out this section, the Secretary shall cooperate with--
Inserted: (1) the heads of appropriate Federal agencies, including--
Inserted: (A) the Administrator of the Environmental Protection Agency;
Inserted: (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;
Inserted: (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
Inserted: (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and
Inserted: (2) agencies of a State or political subdivision of a State.
Inserted: (f) Protection of Resources.--A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.
Inserted: (g) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000.
Inserted: (h) Savings Provision.--Nothing in this section--
Inserted: (1) establishes any express or implied reserved water right in the United States for any purpose;
Inserted: (2) affects any water right in existence on the date of enactment of this Act;
Inserted: (3) preempts or affects any State water law or interstate compact governing water; or
Inserted: (4) affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity.
Inserted: (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.
Inserted: SEC. 406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
Inserted: (a) Definition.--In this section, the term "Lower Mississippi River Basin" means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries.
Inserted: (b) Establishment.--
Inserted: (1) In general.--The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin.
Inserted: (2) Form.--
Inserted: (A) In general.--The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c).
Inserted: (B) Assistance.--Projects under subparagraph (A) may include measures for--
Inserted: (i) sediment control;
Inserted: (ii) protection of eroding riverbanks and streambanks and shorelines;
Inserted: (iii) channel modifications;
Inserted: (iv) beneficial uses of dredged material; or
Inserted: (v) other related projects that may enhance the living resources of the Lower Mississippi River Basin.
Inserted: (c) Comprehensive Plan.--
Inserted: (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2).
Inserted: (2) Coordination.--The plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
Inserted: (3) Prioritization.--To the maximum extent practicable, the plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures.
Inserted: (d) Agreement.--
Inserted: (1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Lower Mississippi River Basin plan described in subsection (c).
Inserted: (2) Requirements.--Each agreement entered into under this subsection shall provide for the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.
Inserted: (e) Cost Sharing.--
Inserted: (1) Federal share.--The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent.
Inserted: (2) Non-federal share.--
Inserted: (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the cost to design and construct the project.
Inserted: (B) Operation and maintenance costs.--The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent.
Inserted: (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with--
Inserted: (1) the heads of appropriate Federal agencies, including--
Inserted: (A) the Secretary of Agriculture;
Inserted: (B) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
Inserted: (C) the heads of such other Federal agencies as the Secretary determines to be appropriate; and
Inserted: (2) agencies of a State or political subdivision of a State.
Inserted: (g) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000.
Inserted: (h) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized.
Inserted: (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.
Inserted: SEC. 407. FORECAST-INFORMED RESERVOIR OPERATIONS.
Inserted: (a) In General.--The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States.
Inserted: (b) Report.--Not later than 1 year after completion of the research study pilot program under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study pilot program.
Inserted: SEC. 408. MISSISSIPPI RIVER MAT SINKING UNIT.
Inserted: The Secretary shall expedite the replacement of the Mississippi River mat sinking unit.
Inserted: SEC. 409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.
Inserted: It is the sense of Congress that--
Inserted: (1) there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and
Inserted: (2) addressing shoreline sloughing and erosion at a project of the Secretary, including at a location leased by non-Federal entities such as Okatibbee Lake, is an activity that is eligible to be carried out by the Secretary as part of the operation and maintenance of the project.
Original wording
Strike all after the enacting clause and insert the following:
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As printed
SA 5140. Mr. CARPER (for himself, Mrs. Capito, Mr. Cardin, and Mr. Cramer) submitted an amendment intended to be proposed by him to the bill H.R. 7776, to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the “Water Resources Development Act of 2022”.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--GENERAL PROVISIONS
Sec. 101. Scope of feasibility studies.
Sec. 102. Shoreline and riverbank protection and restoration mission.
Sec. 103. Inland waterway projects.
Sec. 104. Protection and restoration of other Federal land along rivers and coasts.
Sec. 105. Policy and technical standards.
Sec. 106. Planning assistance to States.
Sec. 107. Floodplain management services.
Sec. 108. Workforce planning.
Sec. 109. Credit in lieu of reimbursement.
Sec. 110. Coastal cost calculations.
Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs.
Sec. 112. Use of emergency funds.
Sec. 113. Research and development.
Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee.
Sec. 115. Non-Federal Interest Advisory Committee.
Sec. 116. Underserved community harbor projects.
Sec. 117. Corps of Engineers Western Water Cooperative Committee.
Sec. 118. Updates to certain water control manuals.
Sec. 119. Sense of Congress on operations and maintenance of recreation sites.
Sec. 120. Relocation assistance.
Sec. 121. Reprogramming limits.
Sec. 122. Lease durations.
Sec. 123. Sense of Congress relating to post-disaster repairs.
Sec. 124. Payment of pay and allowances of certain officers from appropriation for improvements.
Sec. 125. Reforestation.
Sec. 126. Use of other Federal funds.
Sec. 127. National low-head dam inventory.
Sec. 128. Transfer of excess credit.
Sec. 129. National levee restoration.
Sec. 130. Inland waterways regional dredge pilot program.
Sec. 131. Funding to process permits.
Sec. 132. Non-Federal project implementation pilot program.
Sec. 133. Cost sharing for territories and Indian Tribes.
Sec. 134. Water supply conservation.
Sec. 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors.
Sec. 136. Protection of lighthouses.
Sec. 137. Expediting hydropower at Corps of Engineers facilities.
Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities.
Sec. 139. Dredged material management plans.
Sec. 140. Lease deviations.
Sec. 141. Columbia River Basin.
Sec. 142. Continuation of construction.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of feasibility studies.
Sec. 202. Special rules.
Sec. 203. Expedited completion of studies.
Sec. 204. Studies for periodic nourishment.
Sec. 205. NEPA reporting.
Sec. 206. GAO audit of projects over budget or behind schedule.
Sec. 207. GAO study on project distribution.
Sec. 208. GAO audit of joint costs for operations and maintenance.
Sec. 209. GAO review of Corps of Engineers mitigation practices.
Sec. 210. Sabine-Neches Waterway Navigation Improvement project, Texas.
Sec. 211. Great Lakes recreational boating.
Sec. 212. Central and Southern Florida.
Sec. 213. Investments for recreation areas.
Sec. 214. Western infrastructure study.
Sec. 215. Upper Mississippi River and Illinois Waterway System.
Sec. 216. West Virginia hydropower.
Sec. 217. Recreation and economic development at Corps facilities in Appalachia.
Sec. 218. Automated fee machines.
Sec. 219. Lake Champlain Canal, Vermont and New York.
Sec. 220. Report on concessionaire practices.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 301. Additional assistance for critical projects.
Sec. 302. Southern West Virginia.
Sec. 303. Northern West Virginia.
Sec. 304. Local cooperation agreements, northern West Virginia.
Sec. 305. Special rule for certain beach nourishment projects.
Sec. 306. Coastal community flood control and other purposes.
Sec. 307. Modifications.
Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 309. Delaware shore protection and restoration.
Sec. 310. Great Lakes advance measures assistance.
Sec. 311. Rehabilitation of existing levees.
Sec. 312. Pilot program for certain communities.
Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations.
Sec. 314. Chesapeake Bay environmental restoration and protection program.
Sec. 315. Evaluation of hydrologic changes in Souris River Basin.
Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota.
Sec. 317. Upper Mississippi River restoration program.
Sec. 318. Harmful algal bloom demonstration program.
Sec. 319. Colleton County, South Carolina.
Sec. 320. Arkansas River corridor, Oklahoma.
Sec. 321. Abandoned and inactive noncoal mine restoration.
Sec. 322. Asian carp prevention and control pilot program.
Sec. 323. Forms of assistance.
Sec. 324. Debris removal, New York Harbor, New York.
Sec. 325. Invasive species management.
Sec. 326. Wolf River Harbor, Tennessee.
Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska.
Sec. 328. Invasive species management pilot program.
Sec. 329. Nueces County, Texas, conveyances.
Sec. 330. Mississippi Delta Headwaters, Mississippi.
Sec. 331. Ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey.
Sec. 332. Timely reimbursement.
Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 334. Lake Tahoe Basin restoration, Nevada and California.
Sec. 335. Additional assistance for Eastern Santa Clara Basin, California.
Sec. 336. Tribal partnership program.
Sec. 337. Surplus water contracts and water storage agreements.
Sec. 338. Copan Lake, Oklahoma.
Sec. 339. Enhanced development program.
Sec. 340. Ecosystem restoration coordination.
Sec. 341. Acequias irrigation systems.
Sec. 342. Rogers County, Oklahoma.
Sec. 343. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 344. Non-Federal payment flexibility.
Sec. 345. North Padre Island, Corpus Christi Bay, Texas.
Sec. 346. Waiver of non-Federal share of damages related to certain contract claims.
Sec. 347. Algiers Canal Levees, Louisiana.
Sec. 348. Israel River ice control project, Lancaster, New Hampshire.
Sec. 349. City of El Dorado, Kansas.
Sec. 350. Upper Mississippi River protection.
Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas.
Sec. 352. Pilot program for good neighbor authority on Corps of Engineers land.
Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Sec. 355. Comprehensive Everglades Restoration Plan, Florida.
Sec. 356. Maintenance dredging permits.
Sec. 357. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 358. Tribal assistance.
Sec. 359. Recreational opportunities at certain projects.
Sec. 360. Rehabilitation of Corps of Engineers constructed dams.
Sec. 361. South Florida Ecosystem Restoration Task Force.
Sec. 362. New Madrid County Harbor, Missouri.
Sec. 363. Trinity River and tributaries, Texas.
Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 365. Federal assistance.
Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 367. Lake Barkley, Kentucky, land conveyance.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska.
Sec. 403. Expedited completion of projects.
Sec. 404. Special rules.
Sec. 405. Chattahoochee River program.
Sec. 406. Lower Mississippi River Basin demonstration program.
Sec. 407. Forecast-informed reservoir operations.
Sec. 408. Mississippi River mat sinking unit.
Sec. 409. Sense of Congress relating to Okatibbee Lake.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term “Secretary” means the Secretary of the Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. SCOPE OF FEASIBILITY STUDIES.
(a) Flood and Coastal Storm Risk Management.--In carrying out a feasibility study for a project for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that is identified through a holistic evaluation of the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm;
(3) a tide of any magnitude or frequency;
(4) a rainfall event of any magnitude or frequency;
(5) seasonal variation in water levels;
(6) groundwater emergence;
(7) sea level rise;
(8) subsidence; or
(9) any other driver of flood risk affecting the study area.
(b) Water Supply, Water Supply Conservation, and Drought Risk Reduction.--In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives--
(1) to maximize combined net benefits for the primary purpose of the study and for water supply, water supply conservation, and drought risk reduction; or
(2) to include 1 or more measures for the purpose of water supply, water supply conservation, or drought risk reduction.
(c) Cost Sharing.--All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study.
SEC. 102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) Declaration of Policy.--Congress declares that--
(1) consistent with the civil works mission of the Corps of Engineers, it is the policy of the United States to protect and restore the shorelines, riverbanks, and streambanks of the United States from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems;
(2) the Chief of Engineers shall give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events in carrying out the civil works mission of the Corps of Engineers;
(3) to the maximum extent practicable, projects and measures for the protection and restoration of shorelines, riverbanks, and streambanks shall be formulated to increase the resilience of such shores and banks from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); and
(4) to the maximum extent practicable, periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c)), and subject to section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management.
(b) Shoreline and Riverine Protection and Restoration.--
(1) In general.--Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended--
(A) in the section heading, by striking “flood mitigation and riverine restoration program” and inserting “shoreline and riverine protection and restoration”;
(B) by striking subsection (a) and inserting the following:
“(a) In General.--The Secretary may carry out projects--
“(1) to reduce flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or
“(2) to restore the natural functions and values of rivers and shorelines throughout the United States.”;
(C) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
“(1) Authority.--
“(A) Studies.--The Secretary may carry out studies to identify appropriate measures for--
“(i) the reduction of flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or
“(ii) the restoration of the natural functions and values of rivers and shorelines.
“(B) Projects.--Subject to subsection (f)(2), the Secretary may design and implement projects described in subsection (a).”;
(ii) in paragraph (3), by striking “flood damages” and inserting “flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))”; and
(iii) in paragraph (4)--
(I) by inserting “and coastal storm” after “flood”;
(II) by inserting “, shoreline,” after “riverine”; and
(III) by inserting “and coastal barriers” after “floodplains”;
(D) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
“(1) Studies.--
“(A) In general.--Subject to subparagraph (B), the non-Federal share of the cost of a study under this section shall be--
“(i) 50 percent; and
“(ii) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).
“(B) Federal interest determination.--The first $100,000 of the costs of a study under this section shall be at full Federal expense.”;
(ii) in paragraph (2)--
(I) in the paragraph heading, by striking “flood control”; and
(II) by striking subparagraph (A) and inserting the following:
“(A) In general.--Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 percent.”; and
(iii) in paragraph (3)--
(I) in the paragraph heading, by striking “control” and inserting “and coastal storm risk management”;
(II) by striking “control” and inserting “and coastal storm risk management”; and
(III) by striking “section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a))” and inserting “section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 percent”;
(E) in subsection (d)--
(i) by striking paragraph (2);
(ii) by striking the subsection designation and heading and all that follows through “Notwithstanding” in paragraph (1) in the matter preceding subparagraph (A) and inserting the following:
“(d) Project Justification.--Notwithstanding”;
(iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and
(iv) in paragraph (1) (as so redesignated)--
(I) by inserting “or coastal storm” after “flood”; and
(II) by inserting “, including erosion or riverbank or streambank failures” after “damages”;
(F) in subsection (e)--
(i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately;
(ii) in the matter preceding subparagraph (A) (as so redesignated), by striking “In carrying out” and inserting the following:
“(1) In general.--In carrying out”; and
(iii) by adding at the end the following:
“(2) Priority projects.--In carrying out this section after the date of enactment of the Water Resources Development Act of 2022, the Secretary shall prioritize projects for the following locations:
“(A) Delaware beaches and watersheds, Delaware.
“(B) Louisiana Coastal Area, Louisiana.
“(C) Great Lakes Shores and Watersheds.
“(D) Oregon Coastal Area, Oregon.
“(E) Upper Missouri River Basin.
“(F) Ohio River Tributaries and their watersheds, West Virginia.
“(G) Chesapeake Bay watershed and Maryland beaches, Maryland.”;
(G) by striking subsections (f), (g), and (i);
(H) by redesignating subsection (h) as subsection (f); and
(I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following:
“(2) Projects requiring specific authorization.--The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds--
“(A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260));
“(B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that--
“(i) is for purposes of environmental restoration; or
“(ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); or
“(C) $18,500,000, for a project other than a project described in subparagraph (A) or (B).”.
(2) Clerical amendment.--The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following:
“Sec. 212. Shoreline and riverine protection and restoration.”.
(c) Emergency Streambank and Shoreline Protection.--Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking “$5,000,000” and inserting “$10,000,000”.
SEC. 103. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking “One-half of the costs” and inserting “75 percent of the costs”; and
(2) in the undesignated matter following paragraph (3), in the second sentence, by striking “One-half of such costs” and inserting “25 percent of such costs”.
(b) Application.--The amendments made by subsection (a) shall apply to new and ongoing projects beginning on October 1, 2022.
(c) Conforming Amendment.--Section 109 of the Water Resources Development Act of 2020 (33 U.S.C. 2212 note; Public Law 116-260) is amended by striking “fiscal years 2021 through 2031” and inserting “fiscal years 2021 through 2022”.
SEC. 104. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND ALONG RIVERS AND COASTS.
(a) In General.--The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to construct, at full Federal expense, a measure benefitting Federal land under the administrative jurisdiction of another Federal agency, if the measure--
(1) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress;
(2) is included in a detailed project report (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or
(3) utilizes dredged material from a water resources development project beneficially.
(b) Applicability.--This section shall apply to a measure for which construction is initiated after the date of enactment of this Act.
(c) Exclusion.--In this section, the term “Federal land” does not include a military installation.
(d) Savings Provisions.--Nothing in this section precludes--
(1) a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that benefits that land; or
(2) the Secretary, at the request of the non-Federal interest for a study for a project for flood or coastal storm risk management, from using funds made available to the Secretary for water resources development investigations to formulate measures to reduce risk to a military installation, if the non-Federal interest shares in the cost to formulate those measures to the same extent that the non-Federal interest is required to share in the cost of the study.
(e) Repeal.--
(1) In general.--Section 1025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2226) is repealed.
(2) Conforming amendment.--The table of contents in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1025.
SEC. 105. POLICY AND TECHNICAL STANDARDS.
Consistent with the 5-year administrative publication life cycle of the Department of the Army, the Secretary shall revise, rescind, or certify as current, as applicable, each publication for the civil works programs of the Corps of Engineers.
SEC. 106. PLANNING ASSISTANCE TO STATES.
(a) In General.--Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking “section 236 of title 10” and inserting “section 4141 of title 10”; and
(B) by adding at the end the following:
“(4) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.”;
(2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
“(b) Outreach.--
“(1) In general.--The Secretary is authorized to carry out activities, at full Federal expense--
“(A) to inform and educate States and other non-Federal interests about the missions, programs, policies, and procedures of the Corps of Engineers; and
“(B) to engage with States and other non-Federal interests to identify specific opportunities to partner with the Corps of Engineers to address water resources development needs.
“(2) Staff.--The Secretary shall designate staff in each district office of the Corps of Engineers to provide assistance under this subsection.”; and
(4) in subsection (d) (as so redesignated), by adding at the end the following:
“(3) Outreach.--There is authorized to be appropriated $30,000,000 for each fiscal year to carry out subsection (b).
“(4) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).”.
(b) Conforming Amendment.--Section 3014(b)(3)(B) of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131(b)(3)(B)) is amended by striking section “22(b) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16(b))” and inserting “section 22(c) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16(c))”.
SEC. 107. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended--
(1) in subsection (a)--
(A) in the second sentence, by striking “Surveys and guides” and inserting the following:
“(2) Surveys and guides.--Surveys and guides”;
(B) in the first sentence--
(i) by inserting “identification of areas subject to floods due to accumulated snags and other debris,” after “inundation by floods of various magnitudes and frequencies,”; and
(ii) by striking “In recognition” and inserting the following:
“(1) In general.--In recognition”; and
(C) by adding at the end the following:
“(3) Identification of assistance.--
“(A) In general.--To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards.
“(B) Coordination.--The Secretary shall coordinate activities under this paragraph with activities described in subsection (b) of section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16).”;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
“(d) Institutions of Higher Education.--Notwithstanding section 4141 of title 10, United States Code, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.”.
SEC. 108. WORKFORCE PLANNING.
(a) Definition of Historically Black College or University.--In this section, the term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(b) Authorization.--The Secretary is authorized to carry out activities, at full Federal expense--
(1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of Engineers.
(c) Partnering Entities.--In carrying out activities under this section, the Secretary may enter into partnerships with--
(1) public and nonprofit elementary and secondary schools;
(2) community colleges;
(3) technical schools;
(4) colleges and universities, including historically Black colleges and universities; and
(5) other institutions of learning.
(d) Prioritization.--The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are located in economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).
(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2027.
SEC. 109. CREDIT IN LIEU OF REIMBURSEMENT.
(a) In General.--Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a)--
(A) by striking “or” before “an authorized coastal navigation project”;
(B) by inserting “or any other water resources development project for which the Secretary is authorized to reimburse the non-Federal interest for the Federal share of construction or operation and maintenance,” before “the Secretary”; and
(C) by striking “of the project” and inserting “to construct, periodically nourish, or operate and maintain the project”;
(2) in each of subsections (b) and (c), by striking “flood damage reduction and coastal navigation” each place it appears and inserting “water resources development”; and
(3) by adding at the end the following:
“(d) Applicability.--With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section.”.
(b) Treatment of Credit Between Projects.--Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting “, or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1)” before the period at the end.
SEC. 110. COASTAL COST CALCULATIONS.
Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2213a(a)) is amended by inserting “or coastal storm risk management” after “flood risk management”.
SEC. 111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL COSTS.
The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element--
(1) authorized to be constructed at full Federal expense;
(2) described in section 103(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
(3) described in, or modified by an amendment made by, section 307(a) or 309(a), if at any time the cost to acquire the land, easements, and rights-of-way required for the project is projected to exceed the non-Federal share of the cost of the project.
SEC. 112. USE OF EMERGENCY FUNDS.
Section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended--
(1) in paragraph (1), in the first sentence, by inserting “, increase resilience, increase effectiveness in preventing damages from inundation, wave attack, or erosion,” after “address major deficiencies”; and
(2) by adding at the end the following:
“(6) Work carried out by a non-federal sponsor.--
“(A) General rule.--The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1).
“(B) Requirements.--
“(i) In general.--To be eligible for a payment under subparagraph (C) for the Federal share of a planning, design, or construction activity for repair or restoration work described in paragraph (1), the non-Federal sponsor shall enter into a written agreement with the Secretary before carrying out the activity.
“(ii) Compliance with other laws.--The non-Federal sponsor shall carry out all activities under this paragraph in compliance with all laws and regulations that would apply if the activities were carried out by the Secretary.
“(C) Payment.--
“(i) In general.--The Secretary is authorized to provide payment, in the form of an advance or a reimbursement, to the non-Federal sponsor for the Federal share of the cost of a planning design, or construction activity for the repair or restoration work described in paragraph (1).
“(ii) Additional amounts.--If the Federal share of the cost of the activity under this paragraph exceeds the amount obligated by the Secretary under an agreement under subparagraph (B), the advance or reimbursement of such additional amounts shall be at the discretion of the Secretary.
“(D) Annual limit on reimbursements not applicable.--Section 102 of the Energy and Water Development Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to an agreement under subparagraph (B).”.
SEC. 113. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended--
(1) in the section heading, by striking “collaborative”;
(2) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(3) by striking subsection (e);
(4) by redesignating subsections (b), (c), (d), and (f) as paragraphs (2), (3), (4), and (5), respectively, and indenting appropriately;
(5) in subsection (a), by striking “of the Army Corps of Engineers, the Secretary is authorized to utilize Army” and inserting the following: “of the Corps of Engineers, the Secretary is authorized to engage in basic research, applied research, advanced research, and development projects, including such projects that are--
“(1) authorized by Congress; or
“(2) included in an Act making appropriations for the Corps of Engineers.
“(b) Collaborative Research and Development.--
“(1) In general.--In carrying out subsection (a), the Secretary is authorized to utilize”;
(6) in subsection (b) (as so redesignated)--
(A) in paragraph (2)(B) (as so redesignated), by striking “this section” and inserting “this subsection”;
(B) in paragraph (3) (as so redesignated), in the first sentence, by striking “this section” each place it appears and inserting “this subsection”;
(C) in paragraph (4) (as so redesignated), by striking “subsection (c)” and inserting “paragraph (3)”; and
(D) in paragraph (5) (as so redesignated), by striking “this section” and inserting “this subsection;”; and
(7) by adding at the end the following:
“(c) Other Transactions.--
“(1) Authority.--The Secretary may enter into transactions (other than contracts, cooperative agreements, and grants) in order to carry out this section.
“(2) Education and training.--The Secretary shall--
“(A) ensure that management, technical, and contracting personnel of the Corps of Engineers involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and
“(B) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.
“(3) Notification.--The Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of a transaction under this subsection not less than 30 days before entering into the transaction.
“(4) Report.--Not later than 3 years and not later than 7 years after the date of enactment of the Water Resources Development Act of 2022, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under paragraph (1).
“(d) Report.--
“(1) In general.--For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on projects carried out under subsection (a).
“(2) Contents.--A report under paragraph (1) shall include--
“(A) a description of each ongoing and new project, including--
“(i) the estimated total cost;
“(ii) the amount of Federal expenditures;
“(iii) the amount of expenditures by a non-Federal entity as described in subsection (b)(1), if applicable;
“(iv) the estimated timeline for completion;
“(v) the requesting district of the Corps of Engineers, if applicable; and
“(vi) how the project is consistent with subsection (a); and
“(B) any additional information that the Secretary determines to be appropriate.
“(e) Cost Sharing.--
“(1) In general.--Except as provided in subsection (b)(3) and paragraph (2), a project carried out under this section shall be at full Federal expense.
“(2) Treatment.--Nothing in this subsection waives applicable cost-share requirements for a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
“(f) Savings Clause.--Nothing in this section limits the ability of the Secretary to carry out a project requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
“(g) Research and Development Account.--
“(1) In general.--There is established a Research and Development account of the Corps of Engineers for the purposes of carrying out this section.
“(2) Authorization of appropriations.--There is authorized to be appropriated to the Research and Development account established by paragraph (1) $85,000,000 for each of fiscal years 2023 through 2027.”.
(b) Forecasting Models for the Great Lakes.--
(1) Authorization.--There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes.
(2) Savings provision.--Nothing in this subsection precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities described in paragraph (1) for the Great Lakes, if funds are not appropriated for such activities.
(c) Monitoring and Assessment Program for Saline Lakes in the Great Basin.--
(1) In general.--The Secretary is authorized to carry out a program (referred to in this subsection as the “program”) to monitor and assess the hydrology of saline lake ecosystems in the Great Basin, including the Great Salt Lake, to inform and support Federal and non-Federal management and conservation activities to benefit those ecosystems.
(2) Coordination.--The Secretary shall coordinate implementation of the program with relevant--
(A) Federal and State agencies;
(B) Indian Tribes;
(C) local governments; and
(D) nonprofit organizations.
(3) Contracts, grants, and cooperative agreements.--The Secretary is authorized to enter into contracts, grant agreements, and cooperative agreements with institutions of higher education and with entities described in paragraph (2) to implement the program.
(4) Update.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an update on the progress of the Secretary in carrying out the program.
(5) Additional information.--In carrying out the program, the Secretary may use available studies, information, literature, or data on the Great Basin region published by relevant Federal, State, or local entities.
(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000.
(d) Clerical Amendment.--The table of contents contained in section 1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by striking the item relating to section 7 and inserting the following:
“Sec. 7. Research and development.”.
SEC. 114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Committee.--The term “Committee” means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (b).
(2) Economically disadvantaged community.--The term “economically disadvantaged community” has the meaning given the term pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260).
(3) Indian tribe.--The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Tribal and Economically Disadvantaged Communities Advisory Committee”, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to economically disadvantaged communities and Indian Tribes.
(c) Membership.--The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including--
(1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project.
(d) Duties.--
(1) Recommendations.--The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in--
(A) efficiently and effectively delivering solutions to water resources development projects needs and challenges for economically disadvantaged communities and Indian Tribes;
(B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and
(C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes.
(2) Meetings.--The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
(3) Report.--Recommendations provided under paragraph (1) shall be--
(A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) be made publicly available, including on a publicly available website.
(e) Independent Judgment.--Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (d)(1) shall reflect the independent judgment of the Committee.
(f) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
(3) Treatment.--The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.
SEC. 115. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Non-Federal Interest Advisory Committee” (referred to in this section as the “Committee”), to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of the members described in paragraph (2), who shall--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges.
(2) Representatives.--The members of the Committee shall include the following:
(A) A representative of each of the following:
(i) A non-Federal interest for a project for navigation for an inland harbor.
(ii) A non-Federal interest for a project for navigation for a harbor.
(iii) A non-Federal interest for a project for flood risk management.
(iv) A non-Federal interest for a project for coastal storm risk management.
(v) A non-Federal interest for a project for aquatic ecosystem restoration.
(B) A representative of each of the following:
(i) A non-Federal stakeholder with respect to inland waterborne transportation.
(ii) A non-Federal stakeholder with respect to water supply.
(iii) A non-Federal stakeholder with respect to recreation.
(iv) A non-Federal stakeholder with respect to hydropower.
(v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection.
(C) A representative of each of the following:
(i) An organization with expertise in conservation.
(ii) An organization with expertise in environmental policy.
(iii) An organization with expertise in rural water resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in--
(A) efficiently and effectively delivering water resources development projects;
(B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver projects and other assistance;
(C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally-specific recommendations; and
(D) strengthening partnerships with non-Federal interests to advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
(3) Report.--Recommendations provided under paragraph (1) shall be--
(A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) made publicly available, including on a publicly available website.
(d) Independent Judgment.--Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) In general.--The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(2) Compensation.--Except as provided in paragraph (3), the members of the Committee shall serve without compensation.
(3) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
(4) Treatment.--The members of the Committee shall not be considered to be Federal employees and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 116. UNDERSERVED COMMUNITY HARBOR PROJECTS.
(a) Definitions.--In this section:
(1) Project.--The term “project” means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site.
(2) Underserved community harbor.--The term “underserved community harbor” means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f))) for which--
(A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and
(B) State and local investments in infrastructure have been made during the preceding 4 fiscal years.
(b) In General.--The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors.
(c) Justification.--The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of--
(1) the local or regional economic benefits; and
(2)(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; or
(B) other social effects, including protection against loss of life and contributions to local or regional cultural heritage.
(d) Cost Share.--The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with--
(1) subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and
(2) section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the cost of the project other than a portion described in paragraph (1).
(e) Clarification.--The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project.
(f) Federal Participation Limit.--The Federal share of the cost of a project under this section shall not exceed $10,000,000.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2026.
(2) Special rule.--Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects that include the beneficial use of dredged material.
(h) Savings Provision.--Carrying out a project under this section shall not affect the eligibility of an underserved community harbor for Federal operation and maintenance funding otherwise authorized for the underserved community harbor.
SEC. 117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Findings.--Congress finds that--
(1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled “Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply” (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent;
(2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and
(3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 887, chapter 665; 33 U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
(b) Establishment.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the “Cooperative Committee”).
(2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws.
(3) Membership.--
(A) In general.--The Cooperative Committee shall be composed of--
(i) the Assistant Secretary of the Army for Civil Works (or a designee);
(ii) the Chief of Engineers (or a designee);
(iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State;
(iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and
(v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee.
(B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public.
(C) Notification.--The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee.
(5) Duties.--The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations.
(6) Status updates.--
(A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes--
(i) a summary of the contents of meetings of the Cooperative Committee; and
(ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations.
(ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A).
(7) Compensation.--
(A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation.
(B) Travel expenses.--The members of the Cooperative Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Cooperative Committee.
(8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.
SEC. 118. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of State in which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for waters in the State, with priority given to those waters that accommodate a water supply project.
SEC. 119. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF RECREATION SITES.
It is the sense of Congress that the Secretary, as part of the annual work plan, should distribute amounts provided for the operations and maintenance of recreation sites of the Corps of Engineers so that each site receives an amount that is not less than 80 percent of the recreation fees generated by such site in a given year.
SEC. 120. RELOCATION ASSISTANCE.
In the case of a water resources development project using nonstructural measures for the elevation or modification of a dwelling that is the primary residence of an owner-occupant and that requires the owner-occupant to relocate temporarily from the dwelling during the period of construction, the Secretary may include in the value of the land, easements, and rights-of-way required for the project or measure the documented reasonable living expenses, excluding food and personal transportation, incurred by the owner-occupant during the period of relocation.
SEC. 121. REPROGRAMMING LIMITS.
(a) Operations and Maintenance.--In reprogramming funds made available to the Secretary for operations and maintenance--
(1) the Secretary may not reprogram more than 25 percent of the base amount up to a limit of--
(A) $8,500,000 for a project, study, or activity with a base level over $1,000,000; and
(B) $250,000 for a project, study, or activity with a base level of $1,000,000 or less; and
(2) $250,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation.
(b) Investigations.--In reprogramming funds made available to the Secretary for investigations--
(1) the Secretary may not reprogram more than $150,000 for a project, study, or activity with a base level over $100,000; and
(2) $150,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation for existing obligations and concomitant administrative expenses.
SEC. 122. LEASE DURATIONS.
The Secretary shall issue guidance on, in the case of a leasing decision pursuant to section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a lease duration in excess of 25 years is appropriate.
SEC. 123. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in permitting and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to above project design levels.
SEC. 124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a), is amended--
(1) by striking “Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers,” and inserting the following:
“(a) In General.--The personnel described in subsection (b)”; and
(2) by adding at the end the following:
“(b) Personnel Described.--The personnel referred to in subsection (a) are the following:
“(1) Regular officers of the Corps of Engineers of the Army.
“(2) The following members of the Army who are assigned to the Corps of Engineers:
“(A) Reserve component officers.
“(B) Warrant officers (whether regular or reserve component).
“(C) Enlisted members (whether regular or reserve component).”.
SEC. 125. REFORESTATION.
The Secretary is encouraged to consider measures to restore swamps and other wetland forests in studies for water resources development projects for ecosystem restoration and flood and coastal storm risk management.
SEC. 126. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007 (33 U.S.C. 2222) is amended--
(1) by striking “water resources study or project” and inserting “water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))),”; and
(2) by striking “the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project” and inserting “the funds appropriated to the Federal agency are for a purpose that is similar or complementary to the purpose of the study or project”.
SEC. 127. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by adding at the end the following:
“SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
“(a) Definitions.--In this section:
“(1) Inventory.--The term ‘inventory' means the national low-head dam inventory developed under subsection (b)(1).
“(2) Low-head dam.--The term ‘low-head dam' means a river-wide dam that generally spans a stream channel, blocking the waterway and creating a backup of water behind the dam, with a drop off over the wall of not less than 6 inches and not more than 25 feet.
“(3) Secretary.--The term ‘Secretary' means the Secretary of the Army.
“(b) National Low-head Dam Inventory.--
“(1) In general.--Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the heads of appropriate Federal and State agencies, shall--
“(A) develop an inventory of low-head dams in the United States that includes--
“(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;
“(ii) any information on public safety conditions at each low-head dam;
“(iii) public safety information on the dangers of low-head dams;
“(iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and
“(v) any other relevant information concerning low-head dams; and
“(B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(2) Data.--In carrying out this subsection, the Secretary shall--
“(A) coordinate with Federal and State agencies and other relevant entities; and
“(B) use data provided to the Secretary by those agencies.
“(3) Updates.--The Secretary, in consultation with appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory.
“(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.
“(d) Clarification.--Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.”.
SEC. 128. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the following:
“(3) Studies and projects with multiple non-federal interests.--A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any of those non-Federal interests, subject to the condition that each non-Federal interest for the study or project for which the credit described in paragraph (1) is provided concurs in writing.”;
(2) in subsection (b), by adding at the end the following:
“(3) Conditional approval of excess credit.--The Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost sharing agreement or project partnership agreement for that authorized study or project.”;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 129. NATIONAL LEVEE RESTORATION.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by inserting “, or improvement” after “removal”; and
(2) by inserting “, increase resiliency to extreme weather events,” after “flood risk”.
(b) Levee Rehabilitation Assistance Program.--Section 9005(h) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is amended--
(1) in paragraph (7), by striking “$10,000,000” and inserting “$25,000,000”; and
(2) by adding at the end the following:
“(11) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)).”.
SEC. 130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
Section 1111 of the America's Water Infrastructure Act of 2018 (33 U.S.C. 2326 note; Public Law 115-270) is amended by adding at the end the following:
“(e) Inland Waterways Regional Dredge Pilot Program.--
“(1) In general.--The Secretary is authorized to establish a pilot program (referred to in this subsection as the ‘pilot program') to conduct a multiyear dredging demonstration program to award contracts with a duration of up to 5 years for projects on inland waterways.
“(2) Purposes.--The purposes of the pilot program shall be--
“(A) to increase the reliability, availability, and efficiency of federally-owned and federally-operated inland waterways projects;
“(B) to decrease operational risks across the inland waterways system; and
“(C) to provide cost-savings by combining work across multiple projects across different accounts of the Corps of Engineers.
“(3) Demonstration.--
“(A) In general.--The Secretary shall, to the maximum extent practicable, award contracts for projects on inland waterways that combine work across the Construction and Operation and Maintenance accounts of the Corps of Engineers.
“(B) Projects.-- In awarding contracts under subparagraph (A), the Secretary shall consider projects that--
“(i) improve navigation reliability on inland waterways that are accessible year-round;
“(ii) increase freight capacity on inland waterways; and
“(iii) have the potential to enhance the availability of containerized cargo on inland waterways.
“(4) Savings clause.--Nothing in this subsection affects the responsibility of the Secretary with respect to the construction and operations and maintenance of projects on the inland waterways system.
“(5) Report to congress.--Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program--
“(A) cost effectiveness;
“(B) reliability and performance;
“(C) cost savings attributable to mobilization and demobilization of dredge equipment; and
“(D) response times to address navigational impediments.
“(6) Sunset.--The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act.”.
SEC. 131. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)(2)) is amended--
(1) by striking “The Secretary” and inserting the following:
“(A) In general.--The Secretary”; and
(2) by adding at the end the following:
“(B) Multi-user mitigation bank instrument processing.--
“(i) In general.--An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if--
“(I) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and
“(II) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.
“(ii) Use of credits.--The use of credits generated by the mitigation bank established using expedited processing under clause (i) shall be limited to current and future projects and activities of the entity, company, or carrier described in subclause (I) of that clause for a public purpose, except that in the case of a non-Federal public entity, not more than 25 percent of the credits may be sold to other public and private entities.”.
SEC. 132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
Section 1043(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121) is amended--
(1) in paragraph (3), by inserting “or discrete segment” after “separable element” each place it appears; and
(2) by adding at the end the following:
“(10) Definition of discrete segment.--In this subsection, the term ‘discrete segment' means a physical portion of a project or separable element that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.”.
SEC. 133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended by adding at the end the following:
“(c) Application to Studies.--
“(1) Inclusion.--For purposes of this section, the term ‘study' includes watershed assessments.
“(2) Application.--The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study costs.”.
SEC. 134. WATER SUPPLY CONSERVATION.
Section 1116 of the WIIN Act (130 Stat. 1639) is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by striking “during the 1-year period ending on the date of enactment of this Act” and inserting “for at least 2 years during the 10-year period preceding a request from a non-Federal interest for assistance under this section”; and
(2) in subsection (b)(4), by inserting “, including measures utilizing a natural feature or nature-based feature (as those terms are defined in section 1184(a)) to reduce drought risk” after “water supply”.
SEC. 135. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL, REMOTE, AND SUBSISTENCE HARBORS.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small, remote, and subsistence harbors, taking into account the criteria provided in the joint explanatory statement of managers accompanying division D of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1352).
(b) Inclusion in Guidance.--The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
(c) Report to Congress.--For fiscal year 2024, and biennially thereafter, in conjunction with the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that identifies the ranking of projects in accordance with the criteria developed under subsection (a).
SEC. 136. PROTECTION OF LIGHTHOUSES.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by inserting “lighthouses, including those lighthouses with historical value,” after “schools,”.
SEC. 137. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting “and to meet the requirements of subsection (b)” after “projects”;
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
“(b) Implementation of Policy.--The Secretary shall--
“(1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and
“(2) assess opportunities--
“(A) to increase the development of hydroelectric power at existing hydroelectric water resources development projects of the Corps of Engineers; and
“(B) to develop new hydroelectric power at nonpowered water resources development projects of the Corps of Engineers.”.
SEC. 138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
(a) Definition of Eligible Public Recreation Facility.--In this section, the term “eligible public recreation facility” means a facility at a reservoir operated by the Corps of Engineers that--
(1) was constructed to enable public use of and access to the reservoir; and
(2) requires repair, restoration, or rehabilitation to function.
(b) Authorization.--During a period of low water at an eligible public recreation facility, the Secretary is authorized--
(1) to accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and
(2) to reimburse the non-Federal interest for the Federal share of the materials, services, or funds.
(c) Requirement.--The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services--
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Agreement.--Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that--
(1) specifies that the non-Federal interest shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors;
(2) requires that the non-Federal interest shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and
(3) includes any other term or condition required by the Secretary.
SEC. 139. DREDGED MATERIAL MANAGEMENT PLANS.
(a) In General.--The Secretary shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) at federally authorized harbors in the State of Ohio.
(b) Requirements.--Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) for a federally authorized harbor in the State of Ohio shall--
(1) include, in the baseline conditions, a prohibition on use of funding for open-lake disposal of dredged material consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 217) ; and
(2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
(c) Savings Provision.--This section does not--
(1) impose a prohibition on use of funding for open-lake disposal of dredged material; or
(2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law.
SEC. 140. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 141. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) In general.--Using funds made available to carry out this section, the Secretary is authorized, at Federal expense, to carry out a study to determine the feasibility of a project for flood risk management and related purposes in the Columbia River basin and to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance on Canada for flood risk management in the basin.
(2) Coordination.--The Secretary shall carry out the activities described in this subsection in coordination with other Federal and State agencies and Indian Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) In general.--The Secretary is authorized to expend funds appropriated for the purpose of satisfying United States obligations under the Columbia River Treaty to compensate Canada for operating Canadian storage on behalf of the United States under such Treaty.
(2) Notification.--If the U.S. entity calls upon Canada to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may incur an obligation to compensate Canada under the Columbia River Treaty--
(A) the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate, by not later than 30 days after the initiation of the call, a written notice of the action and a justification, including a description of the circumstances necessitating the call;
(B) upon a determination by the United States of the amount of compensation that shall be paid to Canada, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of how such amount was derived, which notification shall not delay or impede the flood risk management mission of the U.S. entity; and
(C) the Secretary shall make no payment to Canada for the call under the Columbia River Treaty until such time as funds appropriated for the purpose of compensating Canada under such Treaty are available.
(c) Definitions.--In this section:
(1) Columbia river basin.--The term “Columbia River basin” means the entire United States portion of the Columbia River watershed.
(2) Columbia river treaty.--The term “Columbia River Treaty” means the Treaty relating to cooperative development of the water resources of the Columbia River Basin, signed at Washington January 17, 1961, and entered into force September 16, 1964.
(3) U.S. entity.--The term “U.S. entity” means the entity designated by the United States under Article XIV of the Columbia River Treaty.
SEC. 142. CONTINUATION OF CONSTRUCTION.
(a) In General.--The Secretary shall not include the amount of Federal obligations incurred and non-Federal contributions provided for an authorized water resources development project during the period beginning on the date of enactment of this Act and ending on September 30, 2025, for purposes of determining if the cost of the project exceeds the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
(b) Continuation of Construction.--
(1) In general.--The Secretary shall not, solely on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)--
(A) defer the initiation or continuation of construction of a water resources development project during the period described in subsection (a); or
(B) terminate a contract for design or construction of a water resources development project entered into during the period described in subsection (a) after expiration of that period.
(2) Resumption of construction.--The Secretary shall resume construction of any water resources development project for which construction was deferred on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) during the period beginning on October 1, 2021, and ending on the date of enactment of this Act.
(c) Statutory Construction.--Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to investigate the feasibility of the following projects:
(1) Project for ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon.
(2) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan.
(3) Project for flood risk management, Southeast Michigan.
(4) Project for flood risk management, McMicken Dam, Arizona.
(5) Project for flood risk management, Ellicott City and Howard County, Maryland.
(6) Project for flood risk management, Ten Mile River, North Attleboro, Massachusetts.
(7) Project for flood risk management and water supply, Fox-Wolf Basin, Wisconsin.
(8) Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut.
(9) Project for flood and coastal storm risk management, Cape Fear River Basin, North Carolina.
(10) Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas.
(11) Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas.
(12) Project for flood risk management, including levee improvement, Papillion Creek, Nebraska.
(13) Project for flood risk management, Offutt Ditch Pump Station, Nebraska.
(14) Project for flood risk management, navigation, and ecosystem restoration, Mohawk River Basin, New York.
(15) Project for coastal storm risk management, Waikiki Beach, Hawaii.
(16) Project for ecosystem restoration and coastal storm risk management, Cumberland and Sea Islands, Georgia.
(17) Project for flood risk management, Wailupe Stream watershed, Hawaii.
(18) Project for flood and coastal storm risk management, Hawaii County, Hawaii.
(19) Project for coastal storm risk management, Maui County, Hawaii.
(20) Project for flood risk management, Sarpy County, Nebraska.
(21) Project for aquatic ecosystem restoration, including habitat for endangered salmon, Columbia River Basin.
(22) Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky.
(23) Project for flood risk management and water supply, Jenkins, Kentucky.
(24) Project for flood risk management, including riverbank stabilization, Columbus, Kentucky.
(25) Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore, Long Island, New York.
(26) Project for flood risk management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York.
(27) Project for navigation, Cumberland River, Kentucky.
(28) Project for ecosystem restoration and water supply, Great Salt Lake, Utah.
(b) Project Modifications.--The Secretary is authorized to investigate the feasibility of the following modifications to the following projects:
(1) Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements.
(2) Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.
(3) Modifications to the project for flood control, Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172, chapter 188), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas.
(4) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan.
(5) Modifications to the project for navigation, Savannah Harbor, Georgia, without evaluation of additional deepening.
(6) Modifications to the project for navigation, Honolulu Harbor, Hawaii, for navigation improvements and coastal storm risk management.
(7) Modifications to the project for navigation, Port of Ogdensburg, New York, including deepening.
(8) Modifications to the Huntington Local Protection Project, Huntington, West Virginia.
SEC. 202. SPECIAL RULES.
(a) The studies authorized by paragraphs (12) and (13) of section 201(a) shall be considered a continuation of the study that resulted in the Chief's Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022.
(b) The study authorized by section 201(a)(17) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003.
(c) In carrying out the study authorized by section 201(a)(21), the Secretary shall only formulate measures and alternatives to be consistent with the authorized purposes of existing Federal projects while also maintaining the benefits of such projects.
(d) In carrying out the study authorized by section 201(a)(25), the Secretary shall study the South Shore of Long Island, New York, as a whole system, including inlets that are Federal channels.
(e) The studies authorized by section 201(b) shall be considered new phase investigations afforded the same treatment as a general reevaluation.
SEC. 203. EXPEDITED COMPLETION OF STUDIES.
(a) Feasibility Reports.--The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (commonly known as the “Flood Control Act of 1936”) (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), and section 3 of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 639, chapter 377), for flood risk management and ecosystem restoration.
(2) Project for coastal storm risk management, Charleston Peninsula, South Carolina.
(3) Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Maiden, and Everett, Massachusetts.
(4) Project for flood risk management, De Soto County, Mississippi.
(5) Project for coastal storm risk management, Chicago shoreline, Illinois.
(6) Project for flood risk management, Cave Buttes Dam, Arizona.
(7) Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
(8) Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a study resolution of the Committee on Transportation and Infrastructure of the House of Representatives dated July 23, 1997.
(9) Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
(10) Project for flood risk management, East Hartford Levee System, Connecticut.
(11) Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712).
(12) Project for coastal storm risk management, Sea Bright to Manasquan, New Jersey.
(13) Project for coastal storm risk management, Raritan Bay and Sandy Hook Bay, New Jersey.
(14) Project for coastal storm risk management, St. Tammany Parish, Louisiana.
(15) Project for ecosystem restoration, Fox River, Illinois, authorized by section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
(16) Project for ecosystem restoration, Chicago River, Illinois.
(17) Project for ecosystem restoration, Lake Okeechobee, Florida.
(18) Project for ecosystem restoration, Western Everglades, Florida.
(19) Modifications to the project for navigation, Hilo Harbor, Hawaii.
(20) Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, North Carolina.
(21) Modifications to the project for navigation, Auke Bay, Alaska.
(b) Post-authorization Change Reports.--The Secretary shall expedite completion of a post-authorization change report for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367).
(3) Anchorage F modifications to the project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090) and modified by section 1403(a) of the Water Resources Development Act of 2018 (132 Stat. 3840).
(4) Project for navigation, Port Everglades, Florida, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709).
(c) Watershed and River Basin Assessments.--The Secretary shall expedite the completion of the following assessments under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a):
(1) Great Lakes Coastal Resiliency Study, Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
(2) Ouachita-Black Rivers, Arkansas and Louisiana.
(3) Project for watershed assessment, Hawaii County, Hawaii.
(d) Disposition Study.--The Secretary shall expedite the completion of the disposition study for the Los Angeles County Drainage Area under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(e) Additional Direction.--The post-authorization change report for the project described in subsection (b)(3) shall be completed not later than December 31, 2023.
SEC. 204. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f)) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking “15” and inserting “50”; and
(B) in paragraph (2), by striking “15”;
(2) in subsection (e)--
(A) by striking “10-year period” and inserting “16-year period”; and
(B) by striking “6 years” and inserting “12 years”; and
(3) by adding at the end the following:
“(f) Treatment of Studies.--A study carried out under subsection (b) shall be considered a new phase investigation afforded the same treatment as a general reevaluation.”.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of the project for coastal storm risk management, Delaware Coast Protection, Delaware (commonly known as the “Indian River Inlet Sand Bypass Plant”), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant.
SEC. 205. NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term “categorical exclusion” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(2) Environmental assessment.--The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(3) Environmental impact statement.--The term “environmental impact statement” means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Finding of no significant impact.--The term “finding of no significant impact” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(5) NEPA process.--
(A) In general.--The term “NEPA process” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(B) Period.--For purposes of subparagraph (A), the NEPA process--
(i) begins on the date on which the Secretary initiates a project study; and
(ii) ends on the date on which the Secretary issues, with respect to the project study--
(I) a record of decision, including, if necessary, a revised record of decision;
(II) a finding of no significant impact; or
(III) a categorical exclusion under title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(6) Project study.--The term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for which a categorical exclusion, an environmental assessment, or an environmental impact statement is required pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in subparagraph (B).
(B) Information described.--The information referred to in subparagraph (A) is, with respect to the Corps of Engineers--
(i) the number of project studies for which a categorical exclusion was used during the reporting period;
(ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted;
(iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation;
(iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii);
(v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted;
(vi) the number of project studies for which an environmental impact statement was issued during the reporting period;
(vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and
(viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted.
(2) Public access to nepa reports.--The Secretary shall make publicly available each annual report required under paragraph (1).
SEC. 206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND SCHEDULE.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the factors and conditions for each ongoing water resources development project carried out by the Secretary for which--
(1) the current estimated total project cost of the project exceeds the original estimated total project cost of the project by not less than $50,000,000; or
(2) the current estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years.
(b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a).
SEC. 207. GAO STUDY ON PROJECT DISTRIBUTION.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an analysis of the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the previous 10 fiscal years and the factors that have led to that distribution.
(b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the analysis under subsection (a).
SEC. 208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND MAINTENANCE.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary.
(b) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
SEC. 209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION PRACTICES.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers.
(b) Content.--The review under subsection (a) shall include an evaluation of--
(1) the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled “Compensatory Mitigation for Losses of Aquatic Resources” (73 Fed. Reg. 19594), including, at a minimum--
(A) the extent to which the final rule is consistently implemented by the districts of the Corps of Engineers; and
(B) the performance of each of the mitigation mechanisms included in the final rule; and
(2) opportunities to utilize alternative methods to satisfy mitigation requirements of water resources development projects, including, at a minimum, performance-based contracts.
(c) Report.--The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
(d) Definition of Performance-based Contract.--In this section, the term “performance-based contract” means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance.
SEC. 210. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT, TEXAS.
The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine-Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 211. GREAT LAKES RECREATIONAL BOATING.
Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at full Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under section 455(c) of the Water Resources Development Act of 1999 (42 U.S.C. 1962d-21(c)).
SEC. 212. CENTRAL AND SOUTHERN FLORIDA.
(a) Evaluation and Report.--
(1) Evaluation.--On request and at the expense of the St. Johns River Water Management District, the Secretary shall evaluate the effects of deauthorizing the southernmost 3.5-mile reach of the L-73 levee, Section 2, Osceola County, Florida, on the functioning of the project for flood control and other purposes, Upper St. Johns River Basin, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176).
(2) Report.--In carrying out the evaluation under paragraph (1), the Secretary shall--
(A) prepare a report that includes the results of the evaluation, including--
(i) the advisability of deauthorizing the levee described in that paragraph; and
(ii) any recommendations for conditions that should be placed on a deauthorization to protect the interests of the United States and the public; and
(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the report under subparagraph (A) as part of the annual report submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
(b) Comprehensive Central and Southern Florida Study.--
(1) In general.--The Secretary is authorized to carry out a feasibility study for resiliency and comprehensive improvements or modifications to existing water resources development projects in central and southern Florida, for the purposes of flood risk management, water supply, ecosystem restoration (including preventing saltwater intrusion), recreation, and related purposes.
(2) Requirements.--In carrying out the feasibility study under paragraph (1), the Secretary--
(A) is authorized--
(i) to review the report of the Chief of Engineers for central and southern Florida (House Document 643, 80th Congress, 2d Session), and other related reports of the Secretary; and
(ii) to recommend cost-effective structural and nonstructural projects for implementation that provide a systemwide approach for the purposes described in that paragraph; and
(B) shall ensure the study and any projects recommended under subparagraph (A)(ii) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786).
SEC. 213. INVESTMENTS FOR RECREATION AREAS.
(a) Findings.--Congress finds the following:
(1) The Corps of Engineers operates more recreation areas than any other Federal or State agency, apart from the Department of the Interior.
(2) Nationally, visitors to nearly 600 dams and lakes, managed by the Corps of Engineers, spend an estimated $12,000,000,000 per year and support 500,000 jobs.
(3) Lakes managed by the Corps of Engineers are economic drivers that support rural communities.
(b) Sense of Congress.--It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers.
(c) Report.--Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers.
(d) Requirements.--The report under subsection (c) shall include--
(1) a list of deferred maintenance projects, including maintenance projects relating to recreational facilities, sites, and associated access roads;
(2) a plan to fund the projects described in paragraph (1) over the 5-year period following the date of enactment of this Act;
(3) a description of efforts made by the Corps of Engineers to coordinate investments in recreational facilities, sites, and associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal contracting requirements could accelerate the availability of funds for the projects described in paragraph (1).
SEC. 214. WESTERN INFRASTRUCTURE STUDY.
(a) Definitions of Natural Feature and Nature-based Feature.--In this section, the terms “natural feature” and “nature-based feature” have the meanings given those terms in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
(b) Comprehensive Study.--The Secretary shall conduct a comprehensive study (referred to in this section as the “study”) to evaluate the effectiveness of carrying out additional measures, including measures that utilize natural features or nature-based features at or upstream of reservoirs for the purposes of--
(1) sustaining operations in response to changing hydrological and climatic conditions;
(2) mitigating the risk of drought or floods, including the loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(c) Study Focus.--In conducting the study, the Secretary shall include all reservoirs owned and operated by the Secretary and reservoirs for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the South Pacific Division of the Corps of Engineers.
(d) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study, the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate by the Secretary.
(2) Use of existing data and prior studies.--To the maximum extent practicable and where appropriate, the Secretary may--
(A) use existing data provided to the Secretary by entities described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies and projects carried out by the Secretary; and
(ii) the latest technical data and scientific approaches with respect to changing hydrological and climatic conditions.
(e) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes--
(1) the results of the study; and
(2) any recommendations on site-specific areas where additional study is recommended by the Secretary.
(f) Savings Provision.--Nothing in this section provides authority to the Secretary to change the authorized purposes at any of the reservoirs described in subsection (c).
SEC. 215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.
Section 8004(g) of the Water Resources Development Act of 2007 (33 U.S.C. 652 note; Public Law 110-114) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
“(2) Report on water level management.--Not later than 1 year after the date of completion of the comprehensive plan for Mississippi River water level management under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report on opportunities identified in the comprehensive plan to expand the use of water level management on the Upper Mississippi River and Illinois Waterway System for the purpose of ecosystem restoration.”.
SEC. 216. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects described in subsection (b), the Secretary is authorized--
(1) to evaluate the feasibility of modifications to such projects for the purposes of adding Federal hydropower or energy storage development; and
(2) to grant approval for the use of such projects for non-Federal hydropower or energy storage development in accordance with section 14 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Act of 1899”) (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
(b) Projects Described.--The projects referred to in subsection (a) are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(2) Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188).
(3) Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(7) Burnsville Lake, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(c) Demonstration Projects.--The authority for facility modifications under subsection (a) includes demonstration projects.
SEC. 217. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN APPALACHIA.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report prepared under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed or at-risk county (as described in subsection (a)(1) of that section) in Appalachia.
(b) Considerations.--In preparing the plan under subsection (a), the Secretary shall consider options for Federal funding, partnerships, and outgrants to Federal, State, and local governments, nonprofit organizations, and commercial businesses.
SEC. 218. AUTOMATED FEE MACHINES.
For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia.
SEC. 219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following:
“(c) Clarifications.--
“(1) In general.--At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of that study to satisfy the feasibility determination under subsection (a).
“(2) Dispersal barrier.--A dispersal barrier constructed, maintained, or operated under this section may include--
“(A) physical hydrologic separation;
“(B) nonstructural measures;
“(C) deployment of technologies;
“(D) buffer zones; or
“(E) any combination of the approaches described in subparagraphs (A) through (D).”.
SEC. 220. REPORT ON CONCESSIONAIRE PRACTICES.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on concessionaire lease practices by the Corps of Engineers.
(b) Inclusions.--The report under subsection (a) shall include, at a minimum--
(1) an assessment of the reasonableness of the formula of the Corps of Engineers for calculating concessionaire rental rates, taking into account the operating margins for sales of food and fuel; and
(2) the process for assessing administrative fees to concessionaires across districts of the Corps of Engineers.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Atlanta, Georgia.--Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking “$25,000,000” and inserting “$75,000,000”.
(b) Eastern Shore and Southwest Virginia.--Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
(1) by striking “$20,000,000” and inserting “$52,000,000”; and
(2) by striking “Accomac” and inserting “Accomack”.
(c) Lakes Marion and Moultrie, South Carolina.--Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 2719) is amended by striking “$110,000,000” and inserting “$151,500,000”.
(d) Lake County, Illinois.--Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221) is amended--
(1) in the paragraph heading, by striking “Cook county” and inserting “Cook county and lake county”; and
(2) by striking “$35,000,000” and inserting “$100,000,000”.
(e) Madison and St. Clair Counties, Illinois.--Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 Stat. 2718) is amended by striking “$45,000,000” and inserting “$100,000,000”.
(f) Calaveras County, California.--Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking “$3,000,000” and inserting “$13,280,000”.
(g) Los Angeles County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following:
“(93) Los angeles county, california.--
“(A) In general.--$38,000,000 for wastewater and water related infrastructure, Los Angeles County, California.
“(B) Eligibility.--The Water Replenishment District of Southern California may be eligible for assistance under this paragraph.”.
(h) Michigan.--Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is amended--
(1) by striking “$35,000,000 for” and inserting the following:
“(A) In general.--$85,000,000 for”; and
(2) by adding at the end the following:
“(B) Additional projects.--Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.”.
(i) Myrtle Beach and Vicinity, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following:
“(250) Myrtle beach and vicinity, south carolina.--$31,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach and vicinity, South Carolina.”.
(j) North Myrtle Beach and Vicinity, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following:
“(251) North myrtle beach and vicinity, south carolina.--$74,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach and vicinity, South Carolina.”.
(k) Horry County, South Carolina.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended by adding at the end the following:
“(274) Horry county, south carolina.--$19,000,000 for environmental infrastructure, including ocean outfalls, Horry County, South Carolina.”.
(l) Lane County, Oregon.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (k)) is amended by adding at the end the following:
“(275) Lane county, oregon.--$20,000,000 for environmental infrastructure, Lane County, Oregon.”.
(m) Placer County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (l)) is amended by adding at the end the following:
“(276) Placer county, california.--$21,000,000 for environmental infrastructure, Placer County, California.”.
(n) Alameda County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is amended by adding at the end the following:
“(277) Alameda county, california.--$20,000,000 for environmental infrastructure, Alameda County, California.”.
(o) Temecula City, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (n)) is amended by adding at the end the following:
“(278) Temecula city, california.--$18,000,000 for environmental infrastructure, Temecula City, California.”.
(p) Yolo County, California.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (o)) is amended by adding at the end the following:
“(279) Yolo county, california.--$6,000,000 for environmental infrastructure, Yolo County, California.”.
(q) Clinton, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (p)) is amended by adding at the end the following:
“(280) Clinton, mississippi.--$13,600,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Clinton, Mississippi.”.
(r) Oxford, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (q)) is amended by adding at the end the following:
“(281) Oxford, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Oxford, Mississippi.”.
(s) Madison County, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is amended by adding at the end the following:
“(282) Madison county, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Madison County, Mississippi.”.
(t) Rankin County, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is amended by adding at the end the following:
“(283) Rankin county, mississippi.--$10,000,000 for environmental infrastructure, including stormwater management, drainage systems, and water quality enhancement, Rankin County, Mississippi.”.
(u) Meridian, Mississippi.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (t)) is amended by adding at the end the following:
“(284) Meridian, mississippi.--$10,000,000 for wastewater infrastructure, including stormwater management, drainage systems, and water quality enhancement, Meridian, Mississippi.”.
(v) Delaware.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) is amended by adding at the end the following:
“(285) Delaware.--$50,000,000 for sewer, stormwater system improvements, storage treatment, environmental restoration, and related water infrastructure, Delaware.”.
(w) Queens, New York.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (v)) is amended by adding at the end the following:
“(286) Queens, new york.--$20,000,000 for the design and construction of stormwater management and improvements to combined sewer overflows to reduce the risk of flood impacts, Queens, New York.”.
(x) Georgia.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (w)) is amended by adding at the end the following:
“(287) Georgia.--$75,000,000 for environmental infrastructure, Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, Hart County, Georgia.”.
(y) Maryland.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) is amended by adding at the end the following:
“(288) Maryland.--$100,000,000 for water, wastewater, and other environmental infrastructure, Maryland.”.
(z) Milwaukee Metropolitan Area, Wisconsin.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (y)) is amended by adding at the end the following:
“(289) Milwaukee metropolitan area, wisconsin.--$4,500,000 for water-related infrastructure, resource protection and development, stormwater management, and reduction of combined sewer overflows, Milwaukee metropolitan area, Wisconsin.”.
(aa) Hawaii.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) is amended by adding at the end the following:
“(290) Hawaii.--$75,000,000 for water-related infrastructure, resource protection and development, wastewater treatment, water supply, urban storm water conveyance, environmental restoration, and surface water protection and development, Hawaii.”.
(bb) Alabama.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (aa)) is amended by adding at the end the following:
“(291) Alabama.--$50,000,000 for water, wastewater, and other environmental infrastructure, Alabama.”.
(cc) Mississippi.--Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is amended by striking “$200,000,000” and inserting “$300,000,000”.
(dd) Central New Mexico.--Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2255) is amended by striking “$50,000,000” and inserting “$100,000,000”.
(ee) North Dakota and Ohio.--Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 1140; 121 Stat. 1944) is amended by adding at the end the following:
“(i) Authorization of Additional Appropriations.--In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a).”.
(ff) Western Rural Water.--Section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended--
(1) in paragraph (1), by striking “$435,000,000” and inserting “$490,000,000”; and
(2) in paragraph (2), by striking “$150,000,000” and inserting “$200,000,000”.
(gg) Lake Champlain Watershed, Vermont and New York.--Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is amended--
(1) in subsection (b)(2)(C), by striking “planning” and inserting “clean water infrastructure planning, design, and construction”; and
(2) in subsection (g), by striking “$32,000,000” and inserting “$100,000,000”.
(hh) Texas.--Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended--
(1) in subsection (b), by striking “, as identified by the Texas Water Development Board”;
(2) in subsection (e)(3), by inserting “and construction” after “design work”;
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
“(g) Nonprofit Entities.--In accordance with section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government.
“(h) Corps of Engineers Expenses.--Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.”.
SEC. 302. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended--
(1) in the section heading, by striking “environmental restoration infrastructure and resource protection development pilot program”; and
(2) by striking subsection (f) and inserting the following:
“(f) Definition of Southern West Virginia.--In this section, the term ‘southern West Virginia' means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.”.
(b) Clerical Amendment.--The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 (106 Stat. 4799) is amended by striking the item relating to section 340 and inserting the following:
“Sec. 340. Southern West Virginia.”.
SEC. 303. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
(1) in the section heading, by striking “central” and inserting “northern”;
(2) by striking subsection (a) and inserting the following:
“(a) Definition of Northern West Virginia.--In this section, the term ‘northern West Virginia' means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.”;
(3) in subsection (b), by striking “central” and inserting “northern”; and
(4) in subsection (c), by striking “central” and inserting “northern”.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 571 and inserting the following:
“Sec. 571. Northern West Virginia.”.
SEC. 304. LOCAL COOPERATION AGREEMENTS, NORTHERN WEST VIRGINIA.
Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended--
(1) by striking “$20,000,000 for water and wastewater” and inserting the following:
“(A) In general.--$20,000,000 for water and wastewater”; and
(2) by adding at the end the following:
“(B) Local cooperation agreements.--Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may adopt a model agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371).”.
SEC. 305. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development project described in subsection (b), the Secretary shall--
(1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project.
(b) Authorized Water Resources Development Projects Described.--An authorized water resources development project referred to in subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
(5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act.
(6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
(c) Savings Provision.--Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any beach nourishment or renourishment project, under any other provision of Federal law.
SEC. 306. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by striking “Notwithstanding” and inserting the following:
“(A) In general.--Notwithstanding”;
(3) in subparagraph (A) (as so redesignated)--
(A) in clause (i) (as so redesignated)--
(i) by striking “$200 million” and inserting “$200,000,000”; and
(ii) by striking “and” at the end;
(B) in clause (ii) (as so redesignated)--
(i) by inserting “an amount equal to \2/3\ of” after “repays”; and
(ii) by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032.”; and
(4) by adding at the end the following:
“(B) Repayment options.--Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that--
“(i) the non-Federal interest has incurred costs for the provision of mitigation that--
“(I) equal or exceed the amount of the required repayment; and
“(II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and
“(ii) the mitigation is integral to the project for which it is provided.”.
SEC. 307. MODIFICATIONS.
(a) In General.--The following modifications to studies and projects are authorized:
(1) Mississippi river gulf outlet, louisiana.--The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 90 percent.
(2) Great lakes and mississippi river interbasin project, brandon road, will county, illinois.--Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking “80 percent” and inserting “90 percent”.
(3) Lower mississippi river comprehensive management study.--Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following:
“(j) Cost-share.--The Federal share of the cost of the comprehensive study described in subsection (a), and any feasibility study described in subsection (e), shall be 90 percent.”.
(4) Port of nome, alaska.--
(A) In general.--The Secretary shall carry out the project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733).
(B) Cost-share.--The Federal share of the cost of the project described in subparagraph (A) shall be 90 percent.
(5) Chicago shoreline protection.--The project for storm damage reduction and shore protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project:
(A) Shoreline revetment at Morgan Shoal.
(B) Shoreline revetment at Promontory Point.
(6) Lower mud river, milton, west virginia.--
(A) In general.--Notwithstanding section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), the Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790), and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612) and section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), shall be 90 percent.
(B) Land, easements, and rights-of-way.--For the project described in subparagraph (A), the Secretary shall include in the cost of the project, and credit toward the non-Federal share of that cost, the value of land, easements, and rights-of-way provided by the non-Federal interest for the project, including the value of land, easements, and rights-of-way required for the project that are owned or held by the non-Federal interest or other non-Federal public body.
(C) Additional eligibility.--Unless otherwise directed in an Act making annual appropriations for the Corps of Engineers for a fiscal year in which the Secretary has determined an additional appropriation is required to continue or complete construction of the project described in subparagraph (A), the project shall be eligible for additional funding appropriated by that Act in the Construction account of the Corps of Engineers--
(i) without a new investment decision; and
(ii) on the same terms as a project that is not the project described in subparagraph (A).
(7) South shore staten island, new york.--The Federal share of any portion of the cost to design and construct the project for coastal storm risk management, South Shore Staten Island, New York, authorized by section 401(3), that exceeds the estimated total project cost specified in the project partnership agreement for the project, signed by the Secretary on February 15, 2019, shall be 90 percent.
(b) Agreements.--
(1) Studies and projects with multiple non-federal interests.--At the request of the applicable non-Federal interests for the project described in section 402(a) of the Water Resources Development Act of 2020 (134 Stat. 2742) and for the studies described in subsection (j) of section 213 of that Act (134 Stat. 2687), the Secretary shall not require those non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project or in the feasibility cost share agreements for the studies.
(2) South san francisco bay shoreline, california.--
(A) In general.--Except for funds required for a betterment or for a locally preferred plan, the Secretary shall not require the non-Federal interest for the project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water Resources Development Act of 2016 (130 Stat. 1714), to contribute funds under an agreement entered into prior to the date of enactment of this Act in excess of the total cash contribution required from the non-Federal interest for the project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
(B) Requirement.--The Secretary shall not, at any time, defer, suspend, or terminate construction of the project described in subparagraph (A) solely on the basis of a determination by the Secretary that an additional appropriation is required to cover the Federal share of the cost to complete construction of the project, if Federal funds in an amount determined by the Secretary to be sufficient to continue construction of the project remain available in the allocation for the project under the Long-Term Disaster Recovery Investment Plan for amounts appropriated under the heading “construction” under the heading “CORPS OF ENGINEERS--CIVIL--DEPARTMENT OF THE ARMY” in title IV of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).
SEC. 308. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL DISPOSAL PLAN.
The Secretary shall determine that the dredged material disposal plan recommended in the document entitled “Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020)” is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743).
SEC. 309. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware.--
(1) In general.--The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the “project”), is modified--
(A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and
(B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under--
(i) section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note; Public Law 114-322); or
(ii) section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
(2) Treatment.--If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project.
(3) Cost-share.--The Federal share of the cost of the project, including the cost of any modifications carried out under subsection (a)(1), shall be 90 percent.
(b) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the “project”), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is insufficient to maintain the functioning of the project.
(2) Requirements.--A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements:
(A) Cost-share.--The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant.
(B) Decision document.--If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations.
(C) Treatment.--
(i) Decision document.--A decision document prepared under subparagraph (B) shall not be subject to a new investment determination.
(ii) Cycles.--A cycle shall be considered continuing construction.
(c) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if--
(A) the structure, project, or beach is damaged by wind, wave, or water action associated with a storm of any magnitude; and
(B) the damage prevents the adequate functioning of the structure, project, or beach.
(2) Benefit-cost analysis.--The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) and section 904(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried out under this subsection.
(3) Savings provision.--The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature.
(d) Indian River Inlet and Bay, Delaware.--In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project.
(e) Reprogramming for Coastal Storm Risk Management Project at Indian River Inlet.--
(1) In general.--Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year.
(B) Amount.--For each fiscal year, the Secretary may reprogram--
(i) not more than $100,000 per reprogramming action; and
(ii) not more than $200,000 for each fiscal year.
SEC. 310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.
Section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) (as amended by section 112(2)), is amended by adding at the end the following:
“(7) Special rule.--
“(A) In general.--The Secretary shall not deny a request from the Governor of a State to provide advance measures assistance under this subsection to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion.
“(B) Federal share.--Assistance provided by the Secretary pursuant to a request under subparagraph (A) may be at full Federal expense if the assistance is to construct advanced measures to a temporary construction standard.”.
SEC. 311. REHABILITATION OF EXISTING LEVEES.
Section 3017(e) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended--
(1) by striking “this subsection” and inserting “this section”; and
(2) by striking “10 years” and inserting “20 years”.
SEC. 312. PILOT PROGRAM FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers Projects in Rural Communities and Economically Disadvantaged Communities.--Section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended--
(1) in subsection (b)(2)(C), by striking “10”; and
(2) in subsection (c)--
(A) in paragraph (2), in the matter preceding subparagraph (A), by striking “make a recommendation to Congress on up to 10 projects” and inserting “recommend projects to Congress”; and
(B) by adding at the end the following:
“(5) Recommendations.--In recommending projects under paragraph (2), the Secretary shall include such recommendations in the next annual report submitted to Congress under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) after the date of enactment of the Water Resources Development Act of 2022.”.
(b) Pilot Program for Caps in Small or Disadvantaged Communities.--Section 165(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended--
(1) in paragraph (2)(B), by striking “a total of 10”;
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
“(4) Maximum federal amount.--For a project carried out under this subsection, the maximum Federal amount, if applicable, shall be increased by the commensurate amount of the non-Federal share that would otherwise be required for the project under the applicable continuing authority program.”.
SEC. 313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020 (33 U.S.C. 2327a) is amended--
(1) in subsection (a), by striking paragraph (1) and inserting the following:
“(1) Eligible pump station.--The term ‘eligible pump station' means a pump station that--
“(A) is a feature of a federally authorized flood or coastal storm risk management project; or
“(B) if inoperable, would impair drainage of water from areas interior to a federally authorized flood or coastal storm risk management project.”;
(2) by striking subsection (b) and inserting the following:
“(b) Authorization.--The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that--
“(1) the pump station has a major deficiency; and
“(2) the rehabilitation is feasible.”; and
(3) by striking subsection (f) and inserting the following:
“(f) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities.”.
SEC. 314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM.
Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is amended--
(1) in subparagraph (B), by inserting “and streambanks” after “shorelines”;
(2) in subparagraph (E), by striking “and” at the end;
(3) by redesignating subparagraph (F) as subparagraph (H); and
(4) by inserting after subparagraph (E) the following:
“(F) wastewater treatment and related facilities;
“(G) stormwater and drainage systems; and”.
SEC. 315. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled “Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin”, signed in 1989.
SEC. 316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL DAM, NORTH DAKOTA.
The Secretary may enter into a memorandum of understanding with the non-Federal interest for the Red River Valley Water Supply Project to accommodate flows for downstream users through Baldhill Dam, North Dakota.
SEC. 317. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking “$40,000,000” and inserting “$75,000,000”.
SEC. 318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Section 128(c) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by inserting “the Upper Mississippi River and its tributaries,” after “New York,”.
SEC. 319. COLLETON COUNTY, SOUTH CAROLINA.
Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)) shall not apply to construction carried out by the non-Federal interest before the date of enactment of this Act for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711).
SEC. 320. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following:
“(b) Authorized Cost.--The Secretary is authorized to carry out construction of a project under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
“(c) Additional Feasibility Studies Authorized.--
“(1) In general.--The Secretary is authorized to carry out feasibility studies for purposes of recommending to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives additional projects under this section.
“(2) Treatment.--An additional feasibility study carried out under this subsection shall be considered a continuation of the feasibility study that formulated the project carried out under subsection (b).”.
SEC. 321. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33 U.S.C. 2336) is amended--
(1) in subsection (c), by inserting “or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe” after “land owned by the United States”; and
(2) in subsection (f), by striking “$30,000,000” and inserting “$50,000,000”.
SEC. 322. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is amended--
(1) in subparagraph (A), by striking “or Tennessee River Watershed” and inserting “, Tennessee River Watershed, or Tombigbee River Watershed”; and
(2) in subparagraph (C)(i), by inserting “, of which not less than 1 shall be carried out on the Tennessee-Tombigbee Waterway” before the period at the end.
SEC. 323. FORMS OF ASSISTANCE.
Section 592(b) of the Water Resources Development Act of 1999 (113 Stat. 379) is amended by striking “and surface water resource protection and development” and inserting “surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement”.
SEC. 324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.
(a) In General.--Beginning on the date of enactment of this Act, the project for New York Harbor collection and removal of drift, authorized by section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) (as in effect on the day before the date of enactment of the WIIN Act (130 Stat. 1628)), is authorized to be carried out by the Secretary.
(b) Feasibility Study.-- The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for the project described in subsection (a).
SEC. 325. INVASIVE SPECIES MANAGEMENT.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking “$50,000,000” and inserting “$75,000,000”; and
(B) by striking “2024” and inserting “2028”; and
(2) in subsection (g)(2)--
(A) in subparagraph (A)--
(i) by striking “water quantity or water quality” and inserting “water quantity, water quality, or ecosystems”; and
(ii) by inserting “the Lake Erie Basin, the Ohio River Basin,” after “the Upper Snake River Basin,”; and
(B) in subparagraph (B), by inserting “, hydrilla (Hydrilla verticillata),” after “angustifolia)”.
SEC. 326. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by title II of the Act of June 16, 1933 (48 Stat. 200, chapter 90) (commonly known as the “National Industrial Recovery Act”), and modified by section 203 of the Flood Control Act of 1958 (72 Stat. 308), is modified to reduce the authorized dimensions of the project, such that the remaining authorized dimensions are a 250-foot-wide, 9-foot-depth channel with a center line beginning at a point 35.139634, -90.062343 and extending approximately 8,500 feet to a point 35.160848, -90.050566.
SEC. 327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA.
The matter under the heading “missouri river mitigation, missouri, kansas, iowa, and nebraska” in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: “When acquiring land to meet the requirements of fish and wildlife mitigation, the Secretary may consider incidental flood risk management benefits.”.
SEC. 328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.
Section 104(f)(4) of the River and Harbor Act of 1958 (33 U.S.C. 610(f)(4)) is amended by striking “2024” and inserting “2026”.
SEC. 329. NUECES COUNTY, TEXAS, CONVEYANCES.
(a) In General.--On receipt of a written request of the Port of Corpus Christi, the Secretary shall--
(1) review the land owned and easements held by the United States for purposes of navigation in Nueces County, Texas; and
(2) convey to the Port of Corpus Christi or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, without consideration, all such land and easements described in paragraph (1) that the Secretary determines are no longer required for project purposes.
(b) Conditions.--
(1) Quitclaim deed.--Any conveyance of land under this section shall be by quitclaim deed.
(2) Terms and conditions.--The Secretary may subject any conveyance or release of easement under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States.
(c) Administrative Costs.--In accordance with section 2695 of title 10, United States Code, the Port of Corpus Christi shall be responsible for the costs incurred by the Secretary to convey land or release easements under this section.
(d) Waiver of Real Property Screening Requirements.--Section 2696 of title 10, United States Code, shall not apply to the conveyance of land or release of easements under this section.
SEC. 330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized by the matter under the heading “enhancement of water resource benefits and for emergency disaster work” in title I of Public Law 98-8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act.
SEC. 331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND NEW JERSEY.
(a) In General.--The Secretary may carry out additional feasibility studies for ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey, including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands.
(b) Treatment.--A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
SEC. 332. TIMELY REIMBURSEMENT.
(a) Definition of Covered Project.--In this section, the term “covered project” means a project for navigation authorized by section 1401(1) of the WIIN Act (130 Stat. 1708).
(b) Reimbursement Required.--In the case of a covered project for which the non-Federal interest has advanced funds for construction of the project, the Secretary shall reimburse the non-Federal interest for advanced funds that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project.
SEC. 333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following:
“(2) Cost-share.--
“(A) In general.--The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).
“(B) Savings provision.--Any increase in costs for the Project due to the construction of a Project feature described in subparagraph (A) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).”.
SEC. 334. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.
(a) Definition.--In this section, the term “Lake Tahoe Basin” means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City, California.
(b) Establishment of Program.--The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin.
(c) Form of Assistance.--Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin--
(1) urban stormwater conveyance, treatment and related facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and development.
(d) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.
(2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs.
(B) Credit for design work.--The non-Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project.
(C) Land, easements, rights-of-way, and relocations.--The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs.
(D) Operation and maintenance.--The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended.
(h) Repeal.--Section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942), is repealed.
(i) Treatment.--The program authorized by this section shall be considered a continuation of the program authorized by section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942) (as in effect on the day before the date of enactment of this Act).
SEC. 335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN, CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 114 Stat. 2763A-224; 121 Stat. 1209)), is amended--
(1) in subsection (a), by inserting “and volatile organic compounds” after “perchlorates”; and
(2) in subsection (b)(3), by inserting “and volatile organic compounds” after “perchlorates”.
SEC. 336. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended--
(1) in subsection (a), by striking “(25 U.S.C. 450b)” and inserting “(25 U.S.C. 5304)”;
(2) in subsection (b)--
(A) in paragraph (2)(A)--
(i) by inserting “or coastal storm” after “flood”; and
(ii) by inserting “including erosion control,” after “reduction,”;
(B) in paragraph (3), by adding at the end the following:
“(C) Federal interest determination.--The first $100,000 of the costs of a study under this section shall be at full Federal expense.”;
(C) in paragraph (4)--
(i) in subparagraph (A), by striking “$18,500,000” and inserting “$26,000,000”; and
(ii) in subparagraph (B), by striking “$18,500,000” and inserting “$26,000,000”; and
(D) by adding at the end the following:
“(5) Project justification.--Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) for a project (other than a project for ecosystem restoration), the Secretary may implement a project under this section if the Secretary determines that the project will--
“(A) significantly reduce potential flood or coastal storm damages, which may include or be limited to damages due to shoreline erosion or riverbank or streambank failures;
“(B) improve the quality of the environment;
“(C) reduce risks to life safety associated with the damages described in subparagraph (A); and
“(D) improve the long-term viability of the community.”;
(3) in subsection (d)(5)(B)--
(A) by striking “non-Federal” and inserting “Federal”; and
(B) by striking “50 percent” and inserting “100 percent”; and
(4) in subsection (e), by striking “2024” and inserting “2033”.
SEC. 337. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 338. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend Contract DACW56-81-C-0114 between the United States and the Copan Public Works Authority (referred to in this section as the “Authority”), entered into on June 22, 1981, for the utilization by the Authority of storage space for water supply in Copan Lake, Oklahoma (referred to in this section as the “project”)--
(1) to release to the United States all rights of the Authority to utilize 4,750 acre-feet of future use water storage space; and
(2) to relieve the Authority from all financial obligations, to include the initial project investment costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described in paragraph (1).
(b) Requirement.--During the 2-year period beginning on the effective date of execution of the contract amendment under subsection (a), the Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the right of first refusal to contract for the utilization of storage space for water supply for any portion of the storage space that was released by the Authority under subsection (a); and
(2) ensure that the City of Bartlesville, Oklahoma, shall not pay more than 110 percent of the initial project investment cost per acre-foot of storage for the acre-feet of storage space sought under an agreement under paragraph (1).
SEC. 339. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for enhanced development at Oklahoma Lakes under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668).
SEC. 340. ECOSYSTEM RESTORATION COORDINATION.
(a) In General.--In carrying out the project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall coordinate to the maximum extent practicable with the Administrator of the Environmental Protection Agency, State environmental agencies, and regional coordinating bodies responsible for the remediation of toxics.
(b) Savings Provision.--Nothing in this section extends liability to the Secretary for any remediation of toxics present at the project site referred to in subsection (a) prior to the date of authorization of that project.
SEC. 341. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended--
(1) in subsection (b)--
(A) by striking “(b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake” and inserting the following:
“(b) Authorization.--Subject to section 903(a), the Secretary shall carry out”; and
(B) by striking “canals” and all that follows through “25 percent.” and inserting the following: “channels attendant to the operations of the community ditch and Acequia systems in New Mexico that--
“(1) are declared to be a political subdivision of the State; or
“(2) belong to a federally recognized Indian Tribe.”;
(2) by redesignating subsection (c) as subsection (e);
(3) by inserting after subsection (b) the following:
“(c) Inclusions.--The measures described in subsection (b) shall, to the maximum extent practicable--
“(1) ensure greater resiliency of diversion structures, including to flow variations, prolonged drought conditions, invasive plant species, and threats from changing hydrological and climatic conditions; or
“(2) support research, development, and training for innovative management solutions, including those for controlling invasive aquatic plants that affect Acequias.
“(d) Costs.--
“(1) Total cost.--The measures described in subsection (b) shall be carried out at a total cost of $80,000,000.
“(2) Cost sharing.--
“(A) In general.--Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out the measures described in subsection (b) shall be 25 percent.
“(B) Special rule.--In the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)), the Federal share of the cost of carrying out the measures described in subsection (b) shall be 90 percent.”; and
(4) in subsection (e) (as so redesignated)--
(A) in the first sentence--
(i) by striking “(e) The Secretary is further authorized and directed to” and inserting the following:
“(e) Public Entity Status.--
“(1) In general.--The Secretary shall”; and
(ii) by inserting “or belong to a federally recognized Indian Tribe within the State of New Mexico” after “that State”; and
(B) in the second sentence, by striking “This public entity status will allow the officials of these Acequia systems” and inserting the following:
“(2) Effect.--The public entity status provided pursuant to paragraph (1) shall allow the officials of the Acequia systems described in that paragraph”.
SEC. 342. ROGERS COUNTY, OKLAHOMA.
(a) Conveyance.--The Secretary is authorized to convey to the City of Tulsa-Rogers County Port Authority (referred to in this section as the “Port Authority”), for fair market value, all right, title, and interest of the United States in and to the Federal land described in subsection (b).
(b) Federal Land Described.--
(1) In general.--The Federal land to be conveyed under this section is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma:
(A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial).
(B) Parcel 2 includes U.S. tract 124 (partial) and U.S. tract 128 (partial).
(C) Parcel 3 includes U.S. tract 128 (partial).
(2) Determination required.--
(A) In general.--Subject to paragraph (1) and subparagraphs (B), (C), and (D), the Secretary shall determine the exact property description and acreage of the Federal land to be conveyed under this section.
(B) Requirement.--In making the determination under subparagraph (A), the Secretary shall reserve from conveyance such easements, rights-of-way, and other interests as the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project, including New Graham Lock and Dam 18 as a part of that project, as authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596) and where applicable the provisions of the River and Harbor Act of 1946 (60 Stat. 634, chapter 595) and modified by section 108 of the Energy and Water Development Appropriation Act, 1988 (Public Law 100-202; 101 Stat. 1329-112), and section 136 of the Energy and Water Development Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1842).
(C) Obstructions to navigable capacity.--A conveyance under this section shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Act of 1899”) (30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to the Federal land conveyed.
(D) Survey required.--The exact acreage and the legal description of any Federal land conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
(c) Applicability.--Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section.
(d) Costs.--The Port Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
(e) Hold Harmless.--
(1) In general.--The Port Authority shall hold the United States harmless from any liability with respect to activities carried out on or after the date of the conveyance under this section on the Federal land conveyed.
(2) Limitation.--The United States shall remain responsible for any liability incurred with respect to activities carried out before the date of the conveyance under this section on the Federal land conveyed.
(f) Additional Terms and Conditions.--The Secretary may require that the conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States.
SEC. 343. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) is amended, in the fourth proviso, by striking the second sentence and inserting the following: “For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence.”.
SEC. 344. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(l)) is amended--
(1) by striking the subsection designation and heading and all that follows through “At the request of” in the first sentence and inserting the following:
“(l) Delay of Payment.--
“(1) Initial payment.--At the request of”; and
(2) by adding at the end the following:
“(2) Interest.--
“(A) In general.--At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that--
“(i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and
“(ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1).
“(B) Limitations.--The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project.”.
SEC. 345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, constructed by the Secretary prior to the date of enactment of this Act under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)).
SEC. 346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN CONTRACT CLAIMS.
In a case in which the Armed Services Board of Contract Appeals or a court of competent jurisdiction rendered a decision on a date that was at least 20 years before the date of enactment of this Act awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of a project carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of such damages, including attorney's fees, if the Secretary--
(1) terminated construction of the project prior to completion of all features; and
(2) has not collected payment from the non-Federal interest before the date of enactment of this Act.
SEC. 347. ALGIERS CANAL LEVEES, LOUISIANA.
In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense.
SEC. 348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW HAMPSHIRE.
Beginning on the date of enactment of this Act, the project for flood control, Israel River, Lancaster, New Hampshire, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is no longer authorized.
SEC. 349. CITY OF EL DORADO, KANSAS.
The Secretary shall amend Contract DACW56-72-C-0220, between the United States and the City of El Dorado, Kansas, entered into on June 30, 1972, for the utilization by the City of storage space for water supply in El Dorado Lake, Kansas, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until--
(1) the City desires to convert the future use storage space to present use; and
(2) the principal amount plus the accumulated interest becomes payable pursuant to the terms of the Contract.
SEC. 350. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:
“(f) Limitation.--The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the lock and dam.
“(g) Modification.--The Secretary is authorized to investigate the feasibility of modifying the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, as an authorized purpose.”.
SEC. 351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS CHRISTI, TEXAS.
(a) In General.--At such time as new facilities are available to the Corps of Engineers, and subject to this section, the Secretary shall convey to the Port of Corpus Christi Authority, by deed and without warranty, all right, title, and interest of the United States in and to the property described in subsection (c).
(b) Consideration.--Consideration for the conveyance under subsection (a) shall be determined by an appraisal, satisfactory to the Secretary, of the market value of the property conveyed.
(c) Description of Property.--The property referred to in subsection (a) is the land known as “Tract 100” and “Tract 101”, including improvements on that land, in Corpus Christi, Texas, and described as follows:
(1) Tract 100.-- The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas.
(2) Tract 101.--The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas.
(3) Improvements.--
(A) Main Building (RPUID AO-C-3516), constructed January 9, 1974.
(B) Garage, vehicle with 5 bays (RPUID AO-C-3517), constructed January 9, 1985.
(C) Bulkhead, Upper (RPUID AO-C-2658), constructed January 1, 1941.
(D) Bulkhead, Lower (RPUID AO-C-3520), constructed January 1, 1933.
(E) Bulkhead Fence (RPUID AO-C-3521), constructed January 9, 1985.
(F) Bulkhead Fence (RPUID AO-C-3522), constructed January 9, 1985.
(d) Terms and Conditions.--
(1) In general.--Before conveying the land described in subsection (c) to the Port of Corpus Christi Authority, the Secretary shall ensure that the conditions of buildings and facilities meet applicable requirements under Federal law, as determined by the Secretary.
(2) Improvements.--Improvements to conditions of buildings and facilities on the land described in subsection (c), if any, shall be incorporated into the consideration required under subsection (b).
(3) Costs of conveyance.--In addition to the fair market value for property rights conveyed, the Port of Corpus Christi Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance under subsection (a).
SEC. 352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS OF ENGINEERS LAND.
(a) Definitions.--In this section:
(1) Authorized restoration services.--The term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out--
(A) on Federal land; and
(B) by the Secretary or Governor pursuant to a good neighbor agreement.
(2) Federal land.--
(A) In general.--The term “Federal land” means land within the State that is administered by the Corps of Engineers.
(B) Exclusions.--The term “Federal land” does not include--
(i) a component of the National Wilderness Preservation System;
(ii) Federal land on which the removal of vegetation is prohibited or restricted by an Act of Congress or a Presidential proclamation (including the applicable implementation plan); or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed services.--
(A) In general.--The term “forest, rangeland, and watershed restoration services” means--
(i) activities to treat insect-infected and disease-infected trees;
(ii) activities to reduce hazardous fuels; and
(iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
(B) Exclusions.--The term “forest, rangeland, and watershed restoration services” does not include--
(i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a road that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and
(ii) construction, alteration, repair or replacement of public buildings or public works.
(4) Good neighbor agreement.--The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and Governor under subsection (b)(1)(A) to carry out authorized restoration services under this section.
(5) Governor.--The term “Governor” means the Governor or any other appropriate executive official of the State.
(6) Road.--The term “road” has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on February 7, 2014).
(7) State.--The term “State” means the State of Idaho.
(b) Good Neighbor Agreements.--
(1) Good neighbor agreements.--
(A) In general.--The Secretary may carry out a pilot program to enter into good neighbor agreements with the Governor to carry out authorized restoration services in the State in accordance with this section.
(B) Public availability.--The Secretary shall make each good neighbor agreement available to the public.
(C) Administrative costs.--The Governor shall provide, and the Secretary may accept and expend, funds to cover the costs of the Secretary to enter into and administer a good neighbor agreement.
(D) Termination.--The pilot program under subparagraph (A) shall terminate on October 1, 2028.
(2) Timber sales.--
(A) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this section.
(B) Treatment of revenue.--Except as provided in subparagraph (C), funds received from the sale of timber by the Governor under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services under the good neighbor agreement.
(C) Excess revenue.--
(i) In general.--Any funds remaining after carrying out subparagraph (B) that are in excess of the amount provided by the Governor to the Secretary under paragraph (1)(C) shall be returned to the Secretary.
(ii) Applicability of certain provisions.--Funds returned to the Secretary under clause (i) shall be subject to the first part of section 5 of the Act of June 13, 1902 (commonly known as the “Rivers and Harbors Appropriations Act of 1902”) (32 Stat. 373, chapter 1079; 33 U.S.C. 558).
(3) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services to be provided under this section on Federal land shall not be delegated to the Governor.
SEC. 353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood risk management and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the “Red Rock Dam Project”), authorized by section 10 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 896, chapter 665), and the project for flood risk management, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as “Flood Protection Project”), authorized by section 10 of that Act (58 Stat. 896, chapter 665), shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the “City”), in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
(1) That portion of the Red Rock Dam Project consisting of the segment of levee from Station 15+88.8W to Station 77+43.7W shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the City, from Station 77+43.7W to approximately Station 20+00, shall be included in the Flood Protection Project.
(b) Federal Easement Conveyances.--
(1) The Secretary is authorized to convey the following easements, acquired by the Federal Government for the Red Rock Dam Project, to the City to become part of the Flood Protection Project in accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1, 3235E, and 3227E.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2.
(2) On counter-execution of the new or amended agreement pursuant to the Federal easement conveyances under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2.
(3) All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee.
SEC. 354. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW MEXICO.
In the case of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), the non-Federal share of the cost of the project shall be the percentage described in section 103(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)(2)) (as in effect on the day before the date of enactment of the Water Resources Development Act of 1996 (110 Stat. 3658)).
SEC. 355. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is amended by striking subparagraph (E) and inserting the following:
“(E) Periodic monitoring.--
“(i) In general.--To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each period of 5 fiscal years, beginning on October 1, 2022, the Secretary shall, for each project--
“(I) monitor the non-Federal provision of cash, in-kind services, and land; and
“(II) manage, to the maximum extent practicable, the requirement of the non-Federal sponsor to provide cash, in-kind services, and land.
“(ii) Other monitoring.--The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase for each project in the Plan.
“(iii) Clarification.--Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year.
“(iv) Limitation.--As applicable, and after including consideration of all expenditures and obligations incurred by the non-Federal sponsor for land and in-kind services for an authorized project for which a project partnership agreement has not been executed, the Secretary shall only require a cash contribution from the non-Federal sponsor to satisfy the cost share requirements of this subsection on the last day of each period of 5 fiscal years under clause (i).”.
(b) Update.--The Secretary and the South Florida Water Management District shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a).
SEC. 356. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent practicable and appropriate, prioritize the reissuance of any regional general permit for maintenance dredging that expired prior to May 1, 2021.
(b) Savings Provision.--Nothing in this section affects, preempts, or interferes with any obligation to comply with the provisions of any Federal or State environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 357. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction.
SEC. 358. TRIBAL ASSISTANCE.
(a) Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Indian Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188) to address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon.
(2) Examination.--Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects:
(A) Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038, chapter 831) and the first section and section 2(a) of the Act of August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832, 832a(a)).
(B) McNary Dam, Washington and Oregon, as authorized by section 2 of the Act of March 2, 1945 (commonly known as the “River and Harbor Act of 1945”) (59 Stat. 22, chapter 19).
(C) John Day Dam, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188).
(3) Requirements.--The village development plan under paragraph (1) shall include, at a minimum--
(A) an evaluation of sites on both sides of the Columbia River;
(B) an assessment of suitable Federal land and land owned by the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for the construction of each housing development.
(4) Location of assistance.--The Secretary may provide housing and related assistance under this subsection at 1 or more sites in the States of Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary may construct housing or provide related assistance on land owned by the United States under the village development plan under subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance under the village development plan under subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and clearances for the construction of housing or related improvements on the land or on the interests in land.
(3) Disposal of unsuitable land.--If the Secretary determines that any land or interest in land acquired by the Secretary under this section in advance of completion of all required documentation for the construction of housing or related improvements is unsuitable for that housing or for those related improvements, the Secretary may--
(A) dispose of the land or interest in land by sale; and
(B) credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land.
(d) Limitation.--The Secretary shall only acquire land from willing landowners in carrying out this section.
(e) Conforming Amendment.--Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 359. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term “covered project” means any of the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont.
(B) Townshend Lake, Vermont.
(2) Recreation.--The term “recreation” includes downstream whitewater recreation that is dependent on operations, recreational fishing, and boating at a covered project.
(b) Sense of Congress.--It is the sense of Congress that the Secretary should--
(1) ensure that, to the extent compatible with other project purposes, each covered project is operated in such a manner as to protect and enhance recreation associated with the covered project; and
(2) manage land at each covered project to improve opportunities for recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may modify, or undertake temporary deviations from, the water control plan for a covered project in order to enhance recreation, if the Secretary determines the modifications or deviations--
(1) will not adversely affect other authorized purposes of the covered project; and
(2) will not result in significant adverse impacts to the environment.
SEC. 360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f-2 note; Public Law 114-322) is amended by adding at the end the following:
“(g) Special Rule.--Notwithstanding subsection (c), the non-Federal share of the cost to rehabilitate Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of Waterbury Dam.”.
SEC. 361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended--
(1) by striking “2 representatives” and inserting “3 representatives”; and
(2) by inserting “at least 1 of which shall be a representative of the Florida Department of Environmental Protection and at least 1 of which shall be a representative of the Florida Fish and Wildlife Conservation Commission,” after “Florida,”.
SEC. 362. NEW MADRID COUNTY HARBOR, MISSOURI.
Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following:
“(18) Second harbor at New Madrid County Harbor, Missouri.”.
SEC. 363. TRINITY RIVER AND TRIBUTARIES, TEXAS.
Section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802) is amended by inserting “flood risk management, and ecosystem restoration,” after “navigation,”.
SEC. 364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, ILLINOIS.
(a) In General.--Not later than 90 days after the date on which the Secretary receives a request from the Governor of Illinois to terminate a contract described in subsection (c), the Secretary shall amend the contract to release to the United States all rights of the State of Illinois to utilize water storage space in the reservoir project to which the contract applies.
(b) Relief of Certain Obligations.--On execution of an amendment described in subsection (a), the State of Illinois shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation cost allocated to the water supply storage specified in the contract for the reservoir project to which the contract applies.
(c) Contracts.--Subsection (a) applies to the following contracts between the United States and the State of Illinois:
(1) Contract DACW43-88-C-0088, entered into on September 23, 1988, for utilization of storage space for water supply in Rend Lake, Illinois.
(2) Contract DA-23-065-CIVENG-65-493, entered into on April 28, 1965, for utilization of storage space for water supply in Rend Lake, Illinois.
(3) Contract DACW43-83-C-0008, entered into on July 6, 1983, for utilization of storage space in Carlyle Lake, Illinois.
(4) Contract DACW43-83-C-0009, entered into on July 6, 1983, for utilization of storage space in Lake Shelbyville, Illinois.
SEC. 365. FEDERAL ASSISTANCE.
Section 1328(c) of the America's Water Infrastructure Act of 2018 (132 Stat. 3826) is amended by striking “4 years” and inserting “8 years”.
SEC. 366. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation.
(2) Conditions.--The land transfer under this subsection shall be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the operation by the Corps of Engineers of the Sardis Lake Project or any other authorized civil works project; and
(ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake Project or any other authorized civil works project.
(B) The Secretary shall retain the right to inundate with water the land transferred to the Choctaw Nation under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil works project.
(C) No gaming activities may be conducted on the land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred pursuant to subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as “USACE” on the map entitled “Sardis Lake - Choctaw Nation Proposal” and dated February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.
(c) Consideration.--The Choctaw Nation shall pay--
(1) to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and
(2) all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air.
SEC. 367. LAKE BARKLEY, KENTUCKY, LAND CONVEYANCE.
(a) In General.--The Secretary is authorized to convey to the Eddyville Riverport Authority (referred to in this section as the “Authority”), for fair market value, all right, title, and interest of the United States in and to approximately 2.2 acres of land adjacent to the southwestern boundary of the port facilities of the Authority at the Barkley Dam and Lake Barkley, Kentucky, project, authorized by the River and Harbor Act of 1946 (60 Stat. 636, Public Law 79-525).
(b) Conditions.--
(1) Quitclaim deed.--Any conveyance of land under this section shall be by quitclaim deed.
(2) Reservation of rights.--The Secretary shall reserve from a conveyance of land under this section such easements, rights-of-way, or other interests as the Secretary determines to be necessary and appropriate to the ensure the continued operation of the project described in subsection (a).
(3) Terms and conditions.--The Secretary may subject any conveyance under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States.
(c) Administrative Costs.--The Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under this section.
(d) Waiver of Real Property Screening Requirements.--Section 2696 of title 10, United States Code, shall not apply to the conveyance of land under this section.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and conservation and other purposes, as identified in the reports titled “Report to Congress on Future Water Resources Development” submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section:
(1) Navigation.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $74,905,000 Harbor 2021 Non-Federal: $1,896,000 Total: $76,801,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $73,533,500 Deep Draft 2021; May Non-Federal: $74,995,500 Navigation, Los 31, 2022 Total: $148,529,000 Angeles
------------------------------------------------------------------------
3. WA Tacoma Harbor May 26, 2022 Federal: $120,701,000 Navigation Non-Federal: $174,627,000 Improvement Total: $295,328,000
------------------------------------------------------------------------
4. NY, New Jersey Harbor June 3, 2022 Federal: $2,124,561,500
NJ Deepening Channel Non-Federal: $3,439,337,500 Improvement Total: $5,563,899,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. AL Selma October 7, Federal: $15,533,100 2021 Non-Federal: $8,363,900 Total: $23,897,000
------------------------------------------------------------------------
2. CA Lower Cache Creek, June 21, 2021 Federal: $215,152,000 Yolo County, Non-Federal: $115,851,000 Woodland, and Total: $331,003,000 Vicinity
------------------------------------------------------------------------
3. OR Portland Metro August 20, Federal: $77,111,100 Levee System 2021 Non-Federal: $41,521,300 Total: $118,632,400
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $91,491,400 and Tributaries 2022 Non-Federal: $52,156,300 Lakes Total: $143,647,700
------------------------------------------------------------------------
5. AL Valley Creek, October 29, Federal: $17,725,000 Bessemer and 2021 Non-Federal: $9,586,000 Birmingham Total: $27,311,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $110,974,500 Non-Federal: $59,755,500 Total: $170,730,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $92,937,000 Haven Counties 2021 Non-Federal: $50,043,000 Total: $142,980,000
------------------------------------------------------------------------
2. PR San Juan Metro September 16, Federal: $245,418,000 2021 Non-Federal: $131,333,000 Total: $376,751,000
------------------------------------------------------------------------
3. FL Florida Keys, September 24, Federal: $1,513,531,000 Monroe County 2021 Non-Federal: $814,978,000 Total: $2,328,509,000
------------------------------------------------------------------------
4. FL Okaloosa County October 7, Initial Federal: 2021 $19,822,000 Initial Non-Federal: $11,535,000 Initial Total: $31,357,000 Renourishment Federal: $71,045,000 Renourishment Non-Federal: $73,787,000 Renourishment Total: $144,832,000
------------------------------------------------------------------------
5. SC Folly Beach October 26, Initial Federal: 2021 $45,490,000 Initial Non-Federal: $5,054,000 Initial Total: $50,544,000 Renourishment Federal: $164,424,000 Renourishment Non-Federal: $26,767,000 Renourishment Total: $191,191,000
------------------------------------------------------------------------
6. FL Pinellas County October 29, Initial Federal: $8,627,000 2021 Initial Non-Federal: $5,332,000 Initial Total: $13,959,000 Renourishment Federal: $92,000,000 Renourishment Non-Federal: $101,690,000 Renourishment Total: $193,690,000
------------------------------------------------------------------------
7. NY South Shore of October 27, Federal: $371,310,000 Staten Island, 2016 Non-Federal: $199,940,000 Fort Wadsworth to Total: $571,250,000 Oakwood Beach
------------------------------------------------------------------------
8. LA Upper Barataria January 28, Federal: $1,005,001,000 Basin 2022 Non-Federal: $541,155,000 Total: $1,546,156,000
------------------------------------------------------------------------
9. LA South Central June 23, 2022 Federal: $594,600,000 Coast, St. Non-Federal: $320,169,000 Martin, St. Mary, Total: $914,769,000 and Iberia Parishes
------------------------------------------------------------------------
(4) Hurricane and storm damage reduction and ecosystem restoration.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $19,237,894,000 Protection and 2021 Non-Federal: Restoration $11,668,393,000 Feasibility Study Total: $30,906,287,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $33,976,000 Ecosystem 2021 Non-Federal: $18,294,000 Restoration, San Total: $52,270,000 Bernardino, Riverside and Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $72,138,000 Beargrass Creek Non-Federal: $48,998,000 Total: $121,135,000
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------C. Date of Report or
A. State B. Name Decision D. Estimated Costs Document
------------------------------------------------------------------------
1. LA Lake Pontchartrain December 16, Federal: $807,000,000 and Vicinity 2021 Non-Federal: $434,000,000 Total: $1,241,000,000
------------------------------------------------------------------------
2. LA West Bank and December 17, Federal: $431,000,000 Vicinity 2021 Non-Federal: $232,000,000 Total: $663,000,000
------------------------------------------------------------------------
3. GA Brunswick Harbor, March 11, Federal: $10,774,500 Glynn County 2022 Non-Federal: $3,594,500 Total: $14,369,000
------------------------------------------------------------------------
4. DC Washington, DC and July 22, 2021 Federal: $17,740,000 Vicinity Non-Federal: $0 Total: $17,740,000
------------------------------------------------------------------------
5. MI Soo Locks, Sault June 6, 2022 Federal: $2,932,116,000 Ste. Marie Non-Federal: $0 Total: $2,932,116,000
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $815,207,000 Dam Additional Non-Federal: $39,979,000 Water Storage Total: $855,185,000
------------------------------------------------------------------------
7. MO Critical January 13, Federal: $5,956,404 Infrastructure 2020 Non-Federal: $0 Cyber Security - Total: $5,956,404 Mandatory Center of Expertise Lab and Office Facility
------------------------------------------------------------------------
8. FL Central and May 31, 2022 Federal: $2,500,686,000 Southern Florida, Non-Federal: $2,500,686,000 Indian River Total: $5,001,372,000 Lagoon
------------------------------------------------------------------------
SEC. 402. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--The non-Federal interest shall share in the cost to study, design, and construct a project carried out under this section in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2213, 2215), except that, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)), the non-Federal share shall be 10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed.
(d) Treatment.--The program authorized by subsection (a) shall be considered a continuation of the program authorized by section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of enactment of this Act).
SEC. 403. EXPEDITED COMPLETION OF PROJECTS.
The Secretary shall expedite completion of the following projects:
(1) Project for flood risk management, Cumberland, Maryland, restoration and rewatering of the Chesapeake and Ohio Canal, authorized by section 580 of the Water Resources Development Act of 1999 (113 Stat. 375).
(2) Project for flood risk management, Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(3) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(4) Project for flood risk management, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576).
(5) Project for flood risk management, Rose and Palm Garden Washes, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(6) Project for ecosystem restoration, El Corazon, Arizona, authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(7) Projects for ecosystem restoration, Chesapeake Bay Comprehensive Water Resources and Restoration Plan, Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759).
(8) Projects authorized under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1258).
(9) Projects authorized under section 8004 of the Water Resources Development Act of 2007 (33 U.S.C. 652 note; Public Law 110-114).
(10) Projects authorized under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
(11) Project for flood risk management, Lower Santa Cruz River, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(12) Project for flood risk management, McCormick Wash, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(13) Project for navigation, including maintenance and channel deepening, McClellan-Kerr Arkansas River Navigation System.
(14) Project for dam safety modifications, Bluestone Dam, West Virginia.
(15) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (32 Stat. 333, chapter 1079).
(16) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut.
(17) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut.
(18) Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized by section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135).
(19) Project for mitigation of shore damage from navigation works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(20) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, pursuant to section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(21) Project for navigation, Kentucky Lock Addition, Kentucky.
(22) Maintenance dredging of the Federal channel for the project for navigation, Columbia, Snake, and Clearwater Rivers, Oregon, Washington, and Idaho, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at the Port of Clarkston, Washington, and the Port of Lewiston, Idaho.
(23) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
(24) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Portsmouth, New Castle, and Newington, New Hampshire, and Kittery and Elliot, Maine, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173).
SEC. 404. SPECIAL RULES.
(a) The following conditions apply to the project described in section 403(19):
(1) The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) at a Federal cost of $45,000,000.
(2) The project may include Federal participation in periodic nourishment.
(3) For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense.
(b) The following conditions apply to the project described in section 403(20):
(1) The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) at a Federal cost of $15,000,000.
(2) If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary--
(A) to construct the measure; and
(B) to operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project.
(3) If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense.
SEC. 405. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin.
(2) Form.--The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (b), including projects for--
(A) sediment and erosion control;
(B) protection of eroding shorelines;
(C) ecosystem restoration, including restoration of submerged aquatic vegetation;
(D) protection of essential public works;
(E) beneficial uses of dredged material; and
(F) other related projects that may enhance the living resources of the Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2).
(2) Coordination.--The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
(3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems.
(c) Agreement.--
(1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b).
(2) Requirements.--Each agreement entered into under this subsection shall provide for--
(A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and
(B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent.
(e) Cooperation.--In carrying out this section, the Secretary shall cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental Protection Agency;
(B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;
(C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
(D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and
(2) agencies of a State or political subdivision of a State.
(f) Protection of Resources.--A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.
(g) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000.
(h) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right in the United States for any purpose;
(2) affects any water right in existence on the date of enactment of this Act;
(3) preempts or affects any State water law or interstate compact governing water; or
(4) affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity.
(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.
SEC. 406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Definition.--In this section, the term “Lower Mississippi River Basin” means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries.
(b) Establishment.--
(1) In general.--The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c).
(B) Assistance.--Projects under subparagraph (A) may include measures for--
(i) sediment control;
(ii) protection of eroding riverbanks and streambanks and shorelines;
(iii) channel modifications;
(iv) beneficial uses of dredged material; or
(v) other related projects that may enhance the living resources of the Lower Mississippi River Basin.
(c) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2).
(2) Coordination.--The plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
(3) Prioritization.--To the maximum extent practicable, the plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures.
(d) Agreement.--
(1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Lower Mississippi River Basin plan described in subsection (c).
(2) Requirements.--Each agreement entered into under this subsection shall provide for the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the cost to design and construct the project.
(B) Operation and maintenance costs.--The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent.
(f) Cooperation.--In carrying out this section, the Secretary shall cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
(C) the heads of such other Federal agencies as the Secretary determines to be appropriate; and
(2) agencies of a State or political subdivision of a State.
(g) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000.
(h) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized.
(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.
SEC. 407. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) In General.--The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States.
(b) Report.--Not later than 1 year after completion of the research study pilot program under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study pilot program.
SEC. 408. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi River mat sinking unit.
SEC. 409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a project of the Secretary, including at a location leased by non-Federal entities such as Okatibbee Lake, is an activity that is eligible to be carried out by the Secretary as part of the operation and maintenance of the project.
Legislative Activity
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Senate amendment proposed (on the floor): Amendment SA 5140 proposed by Senator Carper.
July 28, 2022
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Senate amendment proposed (on the floor): Amendment SA 5140 proposed by Senator Carper.
July 28, 2022
Senate amendment agreed to: Amendment SA 5140 agreed to in Senate by Unanimous Consent.
July 28, 2022
Amendment SA 5140 proposed by Senator Carper. (consideration: CR S3756; text: CR S3756)
July 28, 2022
Amendment SA 5140 agreed to in Senate by Unanimous Consent.
July 28, 2022
Senate amendment submitted
July 20, 2022
Amendments
1 amendmentOffered to this amendment
Amendments
1 amendmentOffered to this amendment