H.R. 7575, Water Resources Development Act (July 24, 2020)
Summary
H.R. 7575 is a bill 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. It was introduced in the House of Representatives on July 13, 2020 by Mr. DeFazio and referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget. On July 24, 2020 it was reported from the Committee on Transportation and Infrastructure with an amendment, the Committee on the Budget was discharged, and the bill was committed to the Committee of the Whole House on the State of the Union and ordered to be printed.
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Cite this document
“H.R. 7575, Water Resources Development Act (July 24, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7575rh-bills-116hr7575rh/
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Union Calendar No. 369
116TH CONGRESS
2D SESSION
H. R. 7575
[Report No. 116–460, Part I]
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.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 2020
Mr. DEFAZIO (for himself, Mr. GRAVES of Missouri, Mrs. NAPOLITANO, and
Mr. WESTERMAN) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
JULY 24, 2020
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 24, 2020
Committee on the Budget discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 13, 2020]
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A BILL
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.
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1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Water Resources Development Act of 2020’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I—GENERAL PROVISIONS
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Mainte-
nance Trust Fund.
Sec. 102. Funding for navigation.
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund.
Sec. 104. Additional measures at donor ports and energy transfer ports.
Sec. 105. Assumption of maintenance of a locally preferred plan.
Sec. 106. Coast Guard anchorages.
Sec. 107. State contribution of funds for certain operation and maintenance costs.
Sec. 108. Inland waterway projects.
Sec. 109. Implementation of water resources principles and requirements.
Sec. 110. Resiliency planning assistance.
Sec. 111. Project consultation.
Sec. 112. Review of resiliency assessments.
Sec. 113. Small flood control projects.
Sec. 114. Conforming amendment.
Sec. 115. Feasibility studies; review of natural and nature-based features.
Sec. 116. Report on corrosion prevention activities.
Sec. 117. Quantification of benefits for flood risk management projects in seismic
zones.
Sec. 118. Federal interest determination.
Sec. 119. Economically disadvantaged community flood protection and hurricane
and storm damage reduction study pilot program.
Sec. 120. Permanent measures to reduce emergency flood fighting needs for com-
munities subject to repetitive flooding.
Sec. 121. Emergency response to natural disasters.
Sec. 122. Study on natural infrastructure at Corps of Engineers projects.
Sec. 123. Review of Corps of Engineers assets.
Sec. 124. Sense of Congress on multipurpose projects.
Sec. 125. Beneficial reuse of dredged material; dredged material management
plans.
Sec. 126. Aquatic ecosystem restoration for anadromous fish.
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Sec. 127. Annual report to Congress.
Sec. 128. Harmful algal bloom demonstration program.
Sec. 129. Update on Invasive Species Policy Guidance.
Sec. 130. Report on debris removal.
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Sec. 131. Missouri River interception-rearing complex construction.
Sec. 132. Cost and benefit feasibility assessment.
Sec. 133. Materials, services, and funds for repair, restoration, or rehabilitation
of projects.
Sec. 134. Levee safety.
Sec. 135. National Dam Safety Program.
Sec. 136. Rehabilitation of Corps of Engineers constructed pump stations.
Sec. 137. Non-Federal Project Implementation Pilot Program.
Sec. 138. Definition of economically disadvantaged community.
Sec. 139. Cost sharing provisions for territories and Indian Tribes.
Sec. 140. Flood control and other purposes.
Sec. 141. Review of contracting policies.
Sec. 142. Buy America.
Sec. 143. Annual report on status of feasibility studies.
TITLE II—STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completions.
Sec. 203. Feasibility study modifications.
Sec. 204. Selma, Alabama.
Sec. 205. Comprehensive study of the Sacramento River, Yolo Bypass, California.
Sec. 206. Lake Okeechobee regulation schedule, Florida.
Sec. 207. Great Lakes Coastal Resiliency Study.
Sec. 208. Rathbun Lake, Chariton River, Iowa.
Sec. 209. Report on the status of restoration in the Louisiana coastal area.
Sec. 210. Lower Mississippi River comprehensive study.
Sec. 211. Upper Mississippi River Comprehensive Plan.
Sec. 212. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas,
Nebraska, and Missouri.
Sec. 213. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
Hampshire.
Sec. 214. Cougar and Detroit Dams, Willamette River Basin, Oregon.
Sec. 215. Port Orford, Oregon.
Sec. 216. Wilson Creek and Sloan Creek, Fairview, Texas.
Sec. 217. GAO study on mitigation for water resources development projects.
Sec. 218. GAO study on application of Harbor Maintenance Trust Fund expendi-
tures.
Sec. 219. GAO study on administration of environmental banks.
Sec. 220. Study on water supply and water conservation at water resources devel-
opment projects.
Sec. 221. PFAS review and inventory at Corps facilities.
Sec. 222. Report on recreational facilities.
TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Abandoned and inactive noncoal mine restoration.
Sec. 303. Tribal partnership program.
Sec. 304. Lakes program.
Sec. 305. Watercraft inspection stations.
Sec. 306. Chesapeake Bay Environmental Restoration and Protection Program.
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Sec. 307. Upper Mississippi River System Environmental Management Program.
Sec. 308. McClellan-Kerr Arkansas River Navigation System.
Sec. 309. Ouachita-Black River Navigation Project, Arkansas.
Sec. 310. Sacramento River, Glenn-Colusa, California.
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Sec. 311. Lake Isabella, California.
Sec. 312. Lower San Joaquin River flood control project.
Sec. 313. San Diego River and Mission Bay, San Diego County, California.
Sec. 314. San Francisco, California, Waterfront Area.
Sec. 315. Western Pacific Interceptor Canal, Sacramento River, California.
Sec. 316. Rio Grande Environmental Management Program, Colorado, New Mex-
ico, and Texas.
Sec. 317. New London Harbor Waterfront Channel, Connecticut.
Sec. 318. Washington Harbor, District of Columbia.
Sec. 319. Central Everglades, Florida.
Sec. 320. Miami River, Florida.
Sec. 321. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns
River Basin, Florida.
Sec. 322. Calcasieu River and Pass, Louisiana.
Sec. 323. San Juan-Chama project; Abiquiu Dam, New Mexico.
Sec. 324. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode
Island and Connecticut.
Sec. 325. Harris County, Texas.
Sec. 326. Cap Sante Waterway, Washington.
Sec. 327. Regional sediment management.
Sec. 328. Additional assistance for critical projects.
Sec. 329. Project modification authorizations.
Sec. 330. Application of credit.
Sec. 331. Project reauthorizations.
Sec. 332. Conveyances.
Sec. 333. Repeals.
TITLE IV—WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Special rules.
Sec. 403. Authorization of projects based on feasibility studies prepared by non-
Federal interests.
1 SEC. 2. SECRETARY DEFINED.
2 In this Act, the term ‘‘Secretary’’ means the Secretary
3 of the Army.
4 TITLE I—GENERAL PROVISIONS
5 SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD-
6 JUSTMENT FOR THE HARBOR MAINTENANCE
7 TRUST FUND.
8 (a) IN GENERAL.—Section 14003 of division B of the
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9 CARES Act (Public Law 116–136) is amended to read as
10 follows:
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1 ‘‘SEC. 14003. Section 251(b)(2) of the Balanced Budget
2 and Emergency Deficit Control Act of 1985 (2 U.S.C.
3 901(b)(2)) is amended by adding at the end the following:
4 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI-
5 TIES.—If, for any fiscal year, appropriations for
6 the Construction, Mississippi River and Tribu-
7 taries, and Operation and Maintenance accounts
8 of the Corps of Engineers are enacted that are
9 derived from the Harbor Maintenance Trust
10 Fund established under section 9505(a) of the In-
11 ternal Revenue Code of 1986 and that the Con-
12 gress designates in statute as being for harbor
13 operations and maintenance activities, then the
14 adjustment for that fiscal year shall be the total
15 of such appropriations that are derived from
16 such Fund and designated as being for harbor
17 operations and maintenance activities.’.’’.
18 (b) EFFECTIVE DATE.—The amendment made by sub-
19 section (a) shall take effect as if included in the enactment
20 of the CARES Act (Public Law 116–136).
21 SEC. 102. FUNDING FOR NAVIGATION.
22 (a) FUNDING FOR NAVIGATION.—Section 210 of the
23 Water Resources Development Act of 1986 (33 U.S.C. 2238)
24 is amended, in the section heading, by striking ‘‘AUTHOR-
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1 IZATION OF APPROPRIATIONS’’ and inserting ‘‘FUND-
2 ING FOR NAVIGATION’’.
3 (b) OPERATION AND MAINTENANCE OF HARBOR
4 PROJECTS.—Section 210(c) of the Water Resources Devel-
5 opment Act of 1986 (33 U.S.C. 2238(c)) is amended—
6 (1) by amending paragraph (1) to read as fol-
7 lows:
8 ‘‘(1) IN GENERAL.—For each fiscal year, of the
9 funds made available under this section (including
10 funds appropriated from the Harbor Maintenance
11 Trust Fund), the Secretary shall make expenditures to
12 pay for operation and maintenance costs of the har-
13 bors and inland harbors referred to in subsection
14 (a)(2), using—
15 ‘‘(A) not less than 20 percent of such funds
16 for emerging harbor projects, to the extent there
17 are identifiable operations and maintenance
18 needs, including eligible breakwater and jetty
19 needs, at such harbor projects;
20 ‘‘(B) not less than 12 percent of such funds
21 for projects that are located within the Great
22 Lakes Navigation System;
23 ‘‘(C) 10 percent of such funds for expanded
24 uses carried out at donor ports, as such term is
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25 defined in section 2106 of the Water Resources
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1 Reform and Development Act of 2014 (33 U.S.C.
2 2238c); and
3 ‘‘(D) any remaining funds for operation
4 and maintenance costs of any harbor or inland
5 harbor referred to in subsection (a)(2) based on
6 an equitable allocation of such funds among such
7 harbors and inland harbors.’’;
8 (2) by amending paragraph (3) to read as fol-
9 lows:
10 ‘‘(3) ADDITIONAL USES AT EMERGING HAR-
11 BORS.—
12 ‘‘(A) IN GENERAL.—In each fiscal year, the
13 Secretary may use not more than $5,000,000 of
14 funds designated for emerging harbor projects
15 under paragraph (1)(A) to pay for the costs of
16 up to 10 projects for maintenance dredging of a
17 marina or berthing area, in an emerging harbor,
18 that includes an area that is located adjacent to,
19 or is accessible by, a Federal navigation project,
20 subject to subparagraphs (B) and (C) of this
21 paragraph.
22 ‘‘(B) ELIGIBLE EMERGING HARBORS.—The
23 Secretary may use funds as authorized under
24 subparagraph (A) at an emerging harbor that—
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1 ‘‘(i) supports commercial activities, in-
2 cluding commercial fishing operations, com-
3 mercial fish processing operations, rec-
4 reational and sport fishing, and commercial
5 boat yards; or
6 ‘‘(ii) supports activities of the Sec-
7 retary of the department in which the Coast
8 Guard is operating.
9 ‘‘(C) COST-SHARING REQUIREMENTS.—The
10 Secretary shall require a non-Federal interest to
11 contribute not less than 25 percent of the costs
12 for maintenance dredging of that portion of a
13 maintenance dredging project described in sub-
14 paragraph (A) that is located outside of the Fed-
15 eral navigation project, which may be provided
16 as an in-kind contribution, including through
17 the use of dredge equipment owned by non-Fed-
18 eral interest to carry out such activities.’’; and
19 (3) by adding at the end the following:
20 ‘‘(5) EMERGENCY EXPENDITURES.—Nothing in
21 this subsection prohibits the Secretary from making
22 an expenditure to pay for the operation and mainte-
23 nance costs of a specific harbor or inland harbor, in-
24 cluding the transfer of funding from the operation
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25 and maintenance of a separate project, if—
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1 ‘‘(A) the Secretary determines that the ac-
2 tion is necessary to address the navigation needs
3 of a harbor or inland harbor where safe naviga-
4 tion has been severely restricted due to an un-
5 foreseen event; and
6 ‘‘(B) the Secretary provides within 90 days
7 of the action notice and information on the need
8 for the action to the Committee on Environment
9 and Public Works and the Committee on Appro-
10 priations of the Senate and the Committee on
11 Transportation and Infrastructure and the Com-
12 mittee on Appropriations of the House of Rep-
13 resentatives.’’.
14 (c) PRIORITIZATION.—Section 210 of the Water Re-
15 sources Development Act of 1986 (33 U.S.C. 2238) is
16 amended by striking subsection (d) and redesignating sub-
17 sections (e) and (f) as subsections (d) and (e), respectively.
18 (d) ASSESSMENT OF HARBORS AND INLAND HAR-
19 BORS.—Section 210(d)(2)(A)(ii) of the Water Resources De-
20 velopment Act of 1986 (as so redesignated) is amended by
21 striking ‘‘expanded uses at eligible harbors or inland har-
22 bors referred to in subsection (d)(2)’’ and inserting ‘‘uses
23 described in paragraphs (1)(C) and (3) of subsection (c)’’.
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1 (e) DEFINITIONS.—Section 210(e) of the Water Re-
2 sources Development Act of 1986 (as so redesignated) is
3 amended—
4 (1) by striking paragraphs (6) through (9);
5 (2) by redesignating paragraphs (3) through (5)
6 as paragraphs (4) through (6), respectively;
7 (3) by striking paragraph (2) and inserting the
8 following:
9 ‘‘(2) EMERGING HARBOR.—The term ‘emerging
10 harbor’ means a harbor or inland harbor referred to
11 in subsection (a)(2) that transits less than 1,000,000
12 tons of cargo annually.
13 ‘‘(3) EMERGING HARBOR PROJECT.—The term
14 ‘emerging harbor project’ means a project that is as-
15 signed to an emerging harbor.’’; and
16 (4) in paragraph (4) (as so redesignated), by
17 adding at the end the following:
18 ‘‘(C) An in-water improvement, if the im-
19 provement—
20 ‘‘(i) is for the seismic reinforcement of
21 a wharf or other berthing structure, or the
22 repair or replacement of a deteriorating
23 wharf or other berthing structure, at a port
24 facility;
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1 ‘‘(ii) benefits commercial navigation at
2 the harbor; and
3 ‘‘(iii) is located in, or adjacent to, a
4 berth that is accessible to a Federal naviga-
5 tion project.
6 ‘‘(D) An activity to maintain slope stability
7 at a berth in a harbor that is accessible to a Fed-
8 eral navigation project if such activity benefits
9 commercial navigation at the harbor.’’.
10 SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR
11 MAINTENANCE TRUST FUND.
12 Section 330 of the Water Resources Development Act
13 of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amended—
14 (1) in subsection (a)—
15 (A) by striking ‘‘and annually thereafter,’’
16 and inserting ‘‘and annually thereafter concur-
17 rent with the submission of the President’s an-
18 nual budget request to Congress,’’; and
19 (B) by striking ‘‘Public Works and Trans-
20 portation’’ and inserting ‘‘Transportation and
21 Infrastructure’’; and
22 (2) in subsection (b)(1) by adding at the end the
23 following:
24 ‘‘(D) A description of the expected expendi-
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25 tures from the trust fund to meet the needs of
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1 navigation for the fiscal year of the budget re-
2 quest.’’.
3 SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND
4 ENERGY TRANSFER PORTS.
5 (a) DEFINITIONS.—Section 2106(a) of the Water Re-
6 sources Reform and Development Act of 2014 (33 U.S.C.
7 2238c(a)) is amended—
8 (1) in paragraph (3)(A)—
9 (A) by amending clause (ii) to read as fol-
10 lows:
11 ‘‘(ii) at which the total amount of har-
12 bor maintenance taxes collected (including
13 the estimated taxes related to domestic cargo
14 and cruise passengers) comprise not less
15 than $15,000,000 annually of the total
16 funding of the Harbor Maintenance Trust
17 Fund in each of the previous 3 fiscal
18 years;’’;
19 (B) in clause (iii), by inserting ‘‘(including
20 the estimated taxes related to domestic cargo and
21 cruise passengers)’’ after ‘‘taxes collected’’; and
22 (C) in clause (iv), by striking ‘‘fiscal year
23 2012’’ and inserting ‘‘each of the previous 3 fis-
24 cal years’’;
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1 (2) in paragraph (5)(B), by striking ‘‘fiscal year
2 2012’’ each place it appears and inserting ‘‘each of
3 the previous 3 fiscal years’’;
4 (3) by redesignating paragraph (8) as para-
5 graph (9) and inserting after paragraph (7) the fol-
6 lowing:
7 ‘‘(8) HARBOR MAINTENANCE TRUST FUND.—The
8 term ‘Harbor Maintenance Trust Fund’ means the
9 Harbor Maintenance Trust Fund established by sec-
10 tion 9505 of the Internal Revenue Code of 1986.’’; and
11 (4) in paragraph (9), as so redesignated—
12 (A) by amending subparagraph (B) to read
13 as follows:
14 ‘‘(B) at which the total amount of harbor
15 maintenance taxes collected (including the esti-
16 mated taxes related to domestic cargo and cruise
17 passengers) comprise annually more than
18 $5,000,000 but less than $15,000,000 of the total
19 funding of the Harbor Maintenance Trust Fund
20 in each of the previous 3 fiscal years;’’;
21 (B) in subparagraph (C), by inserting ‘‘(in-
22 cluding the estimated taxes related to domestic
23 cargo and cruise passengers)’’ after ‘‘taxes col-
24 lected’’; and
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1 (C) in subparagraph (D), by striking ‘‘fis-
2 cal year 2012’’ and inserting ‘‘each of the pre-
3 vious 3 fiscal years’’.
4 (b) REPORT TO CONGRESS; AUTHORIZATION OF AP-
5 PROPRIATIONS.—Section 2106 of the Water Resources Re-
6 form and Development Act of 2014 (33 U.S.C. 2238c) is
7 amended—
8 (1) by striking subsection (e) and redesignating
9 subsections (f) and (g) as subsections (e) and (f), re-
10 spectively; and
11 (2) in subsection (e), as so redesignated—
12 (A) in paragraph (1), by striking ‘‘2020’’
13 and inserting ‘‘2030’’; and
14 (B) by striking paragraph (3).
15 SEC. 105. ASSUMPTION OF MAINTENANCE OF A LOCALLY
16 PREFERRED PLAN.
17 Section 204(f) of the Water Resources Development Act
18 of 1986 (33 U.S.C. 2232(f)) is amended to read as follows:
19 ‘‘(f) OPERATION AND MAINTENANCE.—
20 ‘‘(1) ASSUMPTION OF MAINTENANCE.—Whenever
21 a non-Federal interest carries out improvements to a
22 federally authorized harbor or inland harbor, the Sec-
23 retary shall be responsible for operation and mainte-
24 nance in accordance with section 101(b) if—
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1 ‘‘(A) before construction of the improve-
2 ments—
3 ‘‘(i) the Secretary determines that the
4 improvements are feasible and consistent
5 with the purposes of this title; and
6 ‘‘(ii) the Secretary and the non-Federal
7 interest execute a written agreement relat-
8 ing to operation and maintenance of the
9 improvements;
10 ‘‘(B) the Secretary certifies that the project
11 or separable element of the project is constructed
12 in accordance with applicable permits and ap-
13 propriate engineering and design standards; and
14 ‘‘(C) the Secretary does not find that the
15 project or separable element is no longer feasible.
16 ‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN THE
17 COSTS OF A LOCALLY PREFERRED PLAN.—In the case
18 of improvements determined by the Secretary pursu-
19 ant to paragraph (1)(A)(i) to deviate from the na-
20 tional economic development plan, the Secretary shall
21 be responsible for all operation and maintenance costs
22 of such improvements, as described in section 101(b),
23 including costs in excess of the costs of the national
24 economic development plan, if the Secretary deter-
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1 mines that the improvements satisfy the requirements
2 of paragraph (1).’’.
3 SEC. 106. COAST GUARD ANCHORAGES.
4 The Secretary is authorized to perform dredging at
5 Federal expense within and adjacent to anchorages on the
6 Columbia River established by the Coast Guard pursuant
7 to section 7 of the Act of March 14, 1915 (33 U.S.C. 471),
8 to provide safe anchorage for deep draft vessels commensu-
9 rate with the authorized Federal navigation channel depth,
10 including advanced maintenance.
11 SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN
12 OPERATION AND MAINTENANCE COSTS.
13 In carrying out eligible operations and maintenance
14 activities within the Great Lakes Navigation System pursu-
15 ant to section 210 of the Water Resources Development Act
16 of 1986 (33 U.S.C. 2238) in a State that has implemented
17 any additional State limitation on the disposal of dredged
18 material in the open waters of such State, the Secretary
19 may, pursuant to section 5 of the Act of June 22, 1936
20 (33 U.S.C. 701h), receive from such State, and expend, such
21 funds as may be contributed by the State to cover the addi-
22 tional costs for operations and maintenance activities for
23 a harbor or inland harbor within such State that result
24 from such limitation.
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1 SEC. 108. INLAND WATERWAY PROJECTS.
2 (a) IN GENERAL.—Notwithstanding section 102 of the
3 Water Resources Development Act of 1986 (33 U.S.C. 2212),
4 35 percent of the costs of construction of any project for
5 navigation on the inland waterways shall be paid from
6 amounts appropriated from the Inland Waterways Trust
7 Fund—
8 (1) during each of fiscal years 2021 through
9 2027; and
10 (2) for a project the construction of which is ini-
11 tiated during such period, in each fiscal year until
12 such construction is complete.
13 (b) PRIORITIZATION.—In selecting projects described
14 in subsection (a) for which to initiate construction during
15 any of fiscal years 2021 through 2027, the Secretary shall
16 prioritize projects that are included in the most recent 20-
17 year program for making capital investments developed
18 under section 302(d) of the Water Resources Development
19 Act of 1986 (33 U.S.C. 2251(d)).
20 SEC. 109. IMPLEMENTATION OF WATER RESOURCES PRIN-
21 CIPLES AND REQUIREMENTS.
22 (a) IN GENERAL.—Not later than 180 days after the
23 date of enactment of this Act, the Secretary shall issue final
24 agency-specific procedures necessary to implement the prin-
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1 (b) DEVELOPMENT OF FUTURE WATER RESOURCES
2 DEVELOPMENT PROJECTS.—The procedures required by
3 subsection (a) shall ensure that the Secretary, in the formu-
4 lation of future water resources development projects—
5 (1) develops such projects in accordance with—
6 (A) the guiding principles established by the
7 principles and requirements; and
8 (B) the national water resources planning
9 policy established by section 2031(a) of the
10 Water Resources Development Act of 2007 (42
11 U.S.C. 1962–3(a)); and
12 (2) fully identifies and analyzes national eco-
13 nomic development benefits, regional economic devel-
14 opment benefits, environmental quality benefits, and
15 other societal effects.
16 (c) REVIEW AND UPDATE.—Every 5 years, the Sec-
17 retary shall review and, where appropriate, revise the pro-
18 cedures required by subsection (a).
19 (d) PUBLIC REVIEW, NOTICE, AND COMMENT.—In
20 issuing, reviewing, and revising the procedures required by
21 this section, the Secretary shall—
22 (1) provide notice to interested non-Federal
23 stakeholders of the Secretary’s intent to revise the pro-
24 cedures;
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1 (2) provide opportunities for interested non-Fed-
2 eral stakeholders to engage with, and provide input
3 and recommendations to, the Secretary on the revi-
4 sion of the procedures; and
5 (3) solicit and consider public and expert com-
6 ments.
7 (e) DEFINITIONS.—In this section:
8 (1) INTERAGENCY GUIDELINES.—The term
9 ‘‘interagency guidelines’’ means the interagency
10 guidelines contained in the document finalized by the
11 Council on Environmental Quality pursuant to sec-
12 tion 2031 of the Water Resources Development Act of
13 2007 (42 U.S.C. 1962–3) in December 2014, to imple-
14 ment the principles and requirements.
15 (2) PRINCIPLES AND REQUIREMENTS.—The term
16 ‘‘principles and requirements’’ means the principles
17 and requirements contained in the document prepared
18 by the Council on Environmental Quality pursuant
19 to section 2031 of the Water Resources Development
20 Act of 2007 (42 U.S.C. 1962–3), entitled ‘‘Principles
21 and Requirements for Federal Investments in Water
22 Resources’’, and dated March 2013.
23 SEC. 110. RESILIENCY PLANNING ASSISTANCE.
24 (a) IN GENERAL.—Section 206(a) of the Flood Control
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25 Act of 1960 (33 U.S.C. 709a(a)) is amended by inserting
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1 ‘‘, to avoid repetitive flooding impacts, to anticipate, pre-
2 pare, and adapt to changing climatic conditions and ex-
3 treme weather events, and to withstand, respond to, and re-
4 cover rapidly from disruption due to the flood hazards’’
5 after ‘‘in planning to ameliorate the flood hazard’’.
6 (b) PRIORITIZING FLOOD RISK RESILIENCY TECH-
7 NICAL ASSISTANCE FOR ECONOMICALLY DISADVANTAGED
8 COMMUNITIES.—In carrying out section 206 of the Flood
9 Control Act of 1960 (33 U.S.C. 709a), the Secretary shall
10 prioritize the provision of technical assistance to support
11 flood risk resiliency planning efforts of an economically dis-
12 advantaged community.
13 SEC. 111. PROJECT CONSULTATION.
14 (a) REPORTS REQUIRED.—Not later than 180 days
15 after the date of enactment of this Act, the Secretary shall
16 submit the following reports:
17 (1) The report required under section 1214 of the
18 Water Resources Development Act of 2018 (132 Stat.
19 3809).
20 (2) The report required under section 1120(a)(3)
21 of the Water Resources Development Act of 2016 (130
22 Stat. 1643).
23 (b) CONSULTATION.—
24 (1) AGENCIES AND TRIBES.—The Secretary shall
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1 cies, regulations, and guidance of the Corps of Engi-
2 neers continue to be implemented, and that consulta-
3 tions with Federal and State agencies and Indian
4 Tribes required for a water resources development
5 project are carried out.
6 (2) COMMUNITIES.—The Secretary shall ensure
7 that any covered communities, including such com-
8 munities identified in the reports submitted under
9 subsection (a), that are found to be disproportionately
10 or adversely affected are included in consultation
11 policies, regulations, and guidance of the Corps of
12 Engineers.
13 (3) PROJECT PLANNING AND CONSTRUCTION.—
14 The Secretary shall ensure that covered communities
15 are consulted in the development of water resources
16 development project planning and construction, for
17 the purposes of achieving environmental justice and
18 addressing any disproportionate or adverse effects on
19 such communities.
20 (c) ENVIRONMENTAL JUSTICE UPDATES.—
21 (1) IN GENERAL.—Not later than 1 year after
22 the date of enactment of this Act, the Secretary shall
23 update any policies, regulations, and guidance of the
24 Corps of Engineers related to achieving environ-
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1 (2) RECOMMENDATIONS AND CONSULTATION.—In
2 carrying out paragraph (1), the Secretary shall—
3 (A) consult with a wide array of representa-
4 tives of covered communities; and
5 (B) use the recommendations from the re-
6 ports submitted under subsection (a).
7 (d) COMMUNITY ENGAGEMENT.—The Secretary shall
8 ensure that in carrying out authorized water resources de-
9 velopment projects in, and all other activities of the Corps
10 of Engineers related to, covered communities, the Corps of
11 Engineers—
12 (1) promotes the meaningful involvement of such
13 communities in the project development and imple-
14 mentation, enforcement efforts, and other activities of
15 the Corps of Engineers;
16 (2) provides guidance and technical assistance to
17 such communities to increase understanding of the
18 project development and implementation activities,
19 regulations, and policies of the Corps of Engineers;
20 and
21 (3) cooperates with State, Tribal, and local gov-
22 ernments with respect to activities carried out pursu-
23 ant to this subsection.
24 (e) TRIBAL LANDS AND CONSULTATION.—The Sec-
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25 retary shall ensure that in carrying out authorized water
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1 resources development projects and in all other activities of
2 the Corps of Engineers, that the Corps of Engineers—
3 (1)(A) consults with Indian Tribes specifically
4 on any Tribal lands near or adjacent to any activi-
5 ties of the Corps of Engineers, for purposes of identi-
6 fying lands of ancestral, cultural, or religious impor-
7 tance; and
8 (B) cooperates with Indian Tribes to avoid, or
9 otherwise find alternate solutions with respect to, such
10 lands; and
11 (2)(A) consults with Indian Tribes specifically
12 on any Tribal areas near or adjacent to any activi-
13 ties of the Corps of Engineers, for purposes of identi-
14 fying lands, waters, and other resources critical to the
15 livelihood of the Indian Tribes; and
16 (B) cooperates with Indian Tribes to avoid, or
17 otherwise find alternate solutions with respect to, such
18 areas.
19 (f) DEFINITIONS.—In this section:
20 (1) COMMUNITY OF COLOR.—The term ‘‘commu-
21 nity of color’’ means a community of individuals who
22 are—
23 (A) American Indian or Alaska Native;
24 (B) Asian or Pacific Islander;
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1 (D) Hispanic.
2 (2) COVERED COMMUNITY.—The term ‘‘covered
3 community’’ means each of the following:
4 (A) A community of color.
5 (B) An economically disadvantaged commu-
6 nity.
7 (C) A rural community.
8 (D) A Tribal or indigenous community.
9 (3) STATE.—The term ‘‘State’’ means each of the
10 several States, the District of Columbia, and each of
11 the commonwealths, territories, and possessions of the
12 United States.
13 SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS.
14 (a) RESILIENCY ASSESSMENT.—
15 (1) IN GENERAL.—Not later than 180 days after
16 the date of enactment of this section, and in conjunc-
17 tion with the development of procedures under section
18 109 of this Act, the Secretary is directed to review,
19 and where appropriate, revise the existing planning
20 guidance documents and regulations on the assess-
21 ment of the effects of sea level rise on future water re-
22 sources development projects to ensure that such guid-
23 ance documents and regulations are based on the best
24 available, peer-reviewed science and data on the cur-
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1 rent and future effects of sea level rise on coastal com-
2 munities.
3 (2) COORDINATION.—In carrying out this sub-
4 section, the Secretary shall—
5 (A) coordinate the review with the Engineer
6 Research and Development Center, other Federal
7 and State agencies, and other relevant entities;
8 and
9 (B) to the maximum extent practicable and
10 where appropriate, utilize data provided to the
11 Secretary by such agencies.
12 (b) ASSESSMENT OF BENEFITS OF SEA LEVEL RISE
13 RESILIENCY IN FEASIBILITY REPORTS.—
14 (1) IN GENERAL.—Upon the request of a non-
15 Federal interest, in carrying out a feasibility study
16 for a project for flood risk mitigation, hurricane and
17 storm damage risk reduction, or ecosystem restoration
18 under section 905 of the Water Resources Development
19 Act of 1986 (33 U.S.C. 2282), the Secretary shall con-
20 sider whether the need for the project is predicated
21 upon or exacerbated by conditions related to sea level
22 rise.
23 (2) SEA LEVEL RISE RESILIENCY BENEFITS.—To
24 the maximum extent practicable, in carrying out a
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1 document the potential effects of sea level rise on the
2 project, and benefits of the project relating to sea level
3 rise, during the 50-year period after the date of com-
4 pletion of the project.
5 SEC. 113. SMALL FLOOD CONTROL PROJECTS.
6 Section 205 of the Flood Control Act of 1948 (33
7 U.S.C. 701s) is amended by inserting ‘‘, and projects that
8 use natural features or nature-based features (as those terms
9 are defined in section 1184(a) of the Water Resources Devel-
10 opment Act of 2016 (33 U.S.C. 2289a(a))),’’ after ‘‘non-
11 structural projects’’.
12 SEC. 114. CONFORMING AMENDMENT.
13 Section 103(b) of the Water Resources Development Act
14 of 1986 (33 U.S.C. 2213) is amended—
15 (1) in the subsection heading, by striking ‘‘NON-
16 STRUCTURAL FLOOD CONTROL PROJECTS’’ and in-
17 serting ‘‘PROJECTS USING NONSTRUCTURAL, NAT-
18 URAL, OR NATURE-BASED FEATURES’’; and
19 (2) in paragraph (1)—
20 (A) by striking ‘‘nonstructural flood control
21 measures’’ and inserting ‘‘a flood risk manage-
22 ment or hurricane and storm damage risk reduc-
23 tion measure using a nonstructural feature, or a
24 natural feature or nature-based feature (as those
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1 Resources Development Act of 2016 (33 U.S.C.
2 2289a(a))),’’; and
3 (B) by striking ‘‘cash during construction of
4 the project’’ and inserting ‘‘cash during construc-
5 tion for a nonstructural feature if the costs of
6 land, easements, rights-of-way, dredged material
7 disposal areas, and relocations for such feature
8 are estimated to exceed 35 percent’’.
9 SEC. 115. FEASIBILITY STUDIES; REVIEW OF NATURAL AND
10 NATURE-BASED FEATURES.
11 (a) TECHNICAL CORRECTION.—Section 1149(c) of the
12 Water Resources Development Act of 2018 (33 U.S.C. 2282
13 note; 132 Stat. 3787) is amended by striking ‘‘natural in-
14 frastructure alternatives’’ and inserting ‘‘natural feature or
15 nature-based feature alternatives (as such terms are defined
16 in section 1184 of the Water Resources Development Act of
17 2016 (32 U.S.C. 2289a))’’.
18 (b) SUMMARY OF ANALYSIS.—To the maximum extent
19 practicable, the Secretary shall include in each feasibility
20 report developed under section 905 of the Water Resources
21 Development Act of 1986 (33 U.S.C. 2282) for a project that
22 contains a flood risk management or hurricane and storm
23 damage risk reduction element, a summary of the natural
24 feature or nature-based feature alternatives that were evalu-
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1 alternatives were not included in the recommended plan,
2 an explanation of why such alternatives were not included
3 into the recommended plan.
4 SEC. 116. REPORT ON CORROSION PREVENTION ACTIVI-
5 TIES.
6 Not later than 180 days after the date of enactment
7 of this Act, the Secretary shall submit to the Committee on
8 Transportation and Infrastructure of the House of Rep-
9 resentatives and the Committee on Environment and Public
10 Works of the Senate, and make publicly available, a report
11 that describes—
12 (1) the extent to which the Secretary has carried
13 out section 1033 of the Water Resources Reform and
14 Development Act of 2014 (33 U.S.C. 2350);
15 (2) the extent to which the Secretary has incor-
16 porated corrosion prevention activities (as defined in
17 such section) at water resources development projects
18 constructed or maintained by the Secretary since the
19 date of enactment of such section; and
20 (3) in instances where the Secretary has not in-
21 corporated corrosion prevention activities at such
22 water resources development projects since such date,
23 an explanation as to why such corrosion prevention
24 activities have not been incorporated.
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1 SEC. 117. QUANTIFICATION OF BENEFITS FOR FLOOD RISK
2 MANAGEMENT PROJECTS IN SEISMIC ZONES.
3 (a) IN GENERAL.—Upon the request of the non-Federal
4 interest for a flood risk management project in a seismic
5 zone, the Secretary shall quantify the seismic hazard risk
6 reduction benefits for the project if the non-Federal interest
7 identifies, and the Secretary approves, an acceptable meth-
8 odology to quantify such benefits.
9 (b) APPLICABILITY.—The Secretary shall—
10 (1) include all associated seismic hazard risk re-
11 duction benefits approved by the Secretary in the cal-
12 culation of the national economic development benefit-
13 cost ratio for a flood risk management project in a
14 seismic hazard zone for purposes of plan formulation
15 pursuant to section 905 of the Water Resources Devel-
16 opment Act of 1986; and
17 (2) seek to maximize the combination of flood
18 risk reduction and seismic hazard risk reduction ben-
19 efits in the formulation of the national economic de-
20 velopment alternative for such project.
21 SEC. 118. FEDERAL INTEREST DETERMINATION.
22 Section 905 of the Water Resources Development Act
23 of 1986 (33 U.S.C. 2282) is amended by inserting after sub-
24 section (a) the following:
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25 ‘‘(b) FEDERAL INTEREST DETERMINATION.—
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1 ‘‘(1) IN GENERAL.—In preparing a feasibility
2 report under subsection (a) for a study that will ben-
3 efit an economically disadvantaged community, upon
4 request by the non-Federal interest for the study, the
5 Secretary shall first determine the Federal interest in
6 carrying out the study and the projects that may be
7 proposed in the study.
8 ‘‘(2) COST SHARE.—The costs of a determination
9 under paragraph (1)—
10 ‘‘(A) shall be at Federal expense; and
11 ‘‘(B) shall not exceed $200,000.
12 ‘‘(3) DEADLINE.—A determination under para-
13 graph (1) shall be completed by not later than 120
14 days after the date on which funds are made available
15 to the Secretary to carry out the determination.
16 ‘‘(4) TREATMENT.—
17 ‘‘(A) TIMING.—The period during which a
18 determination is being completed under para-
19 graph (1) for a study shall not be included for
20 purposes of the deadline to complete a final fea-
21 sibility report under section 1001(a)(1) of the
22 Water Resources Reform and Development Act of
23 2014 (33 U.S.C. 2282c(a)(1)).
24 ‘‘(B) COST.—The cost of a determination
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1 purposes of the maximum Federal cost under sec-
2 tion 1001(a)(2) of the Water Resources Reform
3 and Development Act of 2014 (33 U.S.C.
4 2282c(a)(2)).
5 ‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If,
6 based on a determination under paragraph (1), the
7 Secretary determines that a study or project is not in
8 the Federal interest because the project will not result,
9 or is unlikely to result, in a recommended plan that
10 will produce national economic development benefits
11 greater than cost, but may result in a technically
12 sound and environmentally acceptable plan that is
13 otherwise consistent with section 904 of the Water Re-
14 sources Development Act of 1986 (33 U.S.C. 2281),
15 the Secretary shall issue a report to the non-Federal
16 interest with recommendations on how the non-Fed-
17 eral interest might modify the proposal such that the
18 project could be in the Federal interest and feasible.’’.
19 SEC. 119. ECONOMICALLY DISADVANTAGED COMMUNITY
20 FLOOD PROTECTION AND HURRICANE AND
21 STORM DAMAGE REDUCTION STUDY PILOT
22 PROGRAM.
23 (a) IN GENERAL.—Not later than 180 days after the
24 date of enactment of this Act, the Secretary shall establish
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1 to address the flood risk management and hurricane and
2 storm damage risk reduction needs of economically dis-
3 advantaged communities.
4 (b) PARTICIPATION IN PILOT PROGRAM.—In carrying
5 out subsection (a), the Secretary shall—
6 (1) publish a notice in the Federal Register that
7 requests from non-Federal interests proposals for the
8 potential feasibility study of a flood risk management
9 project or hurricane and storm damage risk reduction
10 project for an economically disadvantaged commu-
11 nity;
12 (2) upon request of a non-Federal interest for
13 such a project, provide technical assistance to such
14 non-Federal interest in the formulation of a proposal
15 for a potential feasibility study to be submitted to the
16 Secretary under the pilot program; and
17 (3) review such proposals and select 10 feasi-
18 bility studies for such projects to be carried out by the
19 Secretary, in coordination with the non-Federal in-
20 terest, under this pilot program.
21 (c) SELECTION CRITERIA.—In selecting a feasibility
22 study under subsection (b)(3), the Secretary shall consider
23 whether—
24 (1) the percentage of people living in poverty in
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1 entities) in which the project is located is above the
2 percentage of people living in poverty in the State,
3 based on census bureau data;
4 (2) the percentage of families with income above
5 the poverty threshold but below the average household
6 income in the county or counties (or county-equiva-
7 lent entity or entities) in which the project is located
8 is above the percentage of the same for the State,
9 based on census bureau data;
10 (3) the percentage of the population that identi-
11 fies as belonging to a minority or indigenous group
12 in the county or counties (or county-equivalent entity
13 or entities) in which the project is located is above the
14 average percentage in the State, based on census bu-
15 reau data; and
16 (4) the project is addressing flooding or hurri-
17 cane or storm damage effects that have a dispropor-
18 tionate impact on a rural community or a commu-
19 nity of color (as such term is defined in section 111
20 of this Act), including Tribal or indigenous peoples.
21 (d) ADMINISTRATION.—Notwithstanding the require-
22 ments of section 105(a)(1)(A) of the Water Resources Devel-
23 opment Act of 1986 (33 U.S.C. 2215), the Federal share
24 of the cost of a feasibility study carried out under the pilot
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1 (e) GEOGRAPHIC DIVERSITY.—When selecting feasi-
2 bility studies under subsection (b)(3), the Secretary shall
3 consider the geographic diversity among proposed projects.
4 (f) STUDY REQUIREMENTS.—Feasibility studies car-
5 ried out under this subsection shall, to the maximum extent
6 practical, incorporate natural features or nature-based fea-
7 tures (as such terms are defined in section 1184 of the Water
8 Resources Development Act of 2016 (33 U.S.C. 2289a)), or
9 a combination of such features and nonstructural features,
10 that avoid or reduce at least 50 percent of flood or storm
11 damages in one or more of the alternatives included in the
12 final alternatives evaluated.
13 (g) NOTIFICATION.—The Secretary shall notify the
14 Committee on Transportation and Infrastructure of the
15 House of Representatives and the Committee on Environ-
16 ment and Public Works of the Senate of the selection of each
17 feasibility study under the pilot program.
18 (h) COMPLETION.—Upon completion of a feasibility
19 report for a feasibility study selected to be carried out under
20 this section, the Secretary shall transmit the report to Con-
21 gress for authorization, and shall include the report in the
22 next annual report submitted under section 7001 of the
23 Water Resources Reform and Development Act of 2014 (33
24 U.S.C. 2282d).
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1 (i) SUNSET.—The authority to commence a feasibility
2 study under this section shall terminate on the date that
3 is 10 years after the date of enactment of this Act.
4 (j) REPORT.—Not later than 5 years and 10 years
5 after the date of enactment of this Act, the Secretary shall
6 submit to the Committee on Transportation and Infrastruc-
7 ture of the House of Representatives and the Committee on
8 Environment and Public Works of the Senate, and make
9 publicly available, a report detailing the results of the pilot
10 program carried out under this section, including—
11 (1) a description of proposals received from non-
12 Federal interests pursuant to subsection (b)(1);
13 (2) a description of technical assistance provided
14 to non-Federal interests under subsection (b)(2); and
15 (3) a description of proposals selected under sub-
16 section (b)(3) and criteria used to select such pro-
17 posals.
18 (k) STATE DEFINED.—In this section, the term
19 ‘‘State’’ means each of the several States, the District of Co-
20 lumbia, and each of the commonwealths, territories, and
21 possessions of the United States.
22 SEC. 120. PERMANENT MEASURES TO REDUCE EMERGENCY
23 FLOOD FIGHTING NEEDS FOR COMMUNITIES
24
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SUBJECT TO REPETITIVE FLOODING.
25 (a) DEFINITIONS.—In this section:
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1 (1) AFFECTED COMMUNITY.—The term ‘‘affected
2 community’’ means a legally constituted public body
3 (as that term is used in section 221(b) of the Flood
4 Control Act of 1970 (42 U.S.C. 1962d–5b(b))—
5 (A) with jurisdiction over an area that has
6 been subject to flooding in two or more events in
7 any 10-year period; and
8 (B) that has received emergency flood-fight-
9 ing assistance, including construction of tem-
10 porary barriers by the Secretary, under section
11 5 of the Act of August 18, 1941 (33 U.S.C. 701n)
12 with respect to such flood events.
13 (2) NATURAL FEATURE; NATURE-BASED FEA-
14 TURE.—The terms ‘‘natural feature’’ and ‘‘nature-
15 based feature’’ have the meanings given those terms in
16 section 1184 of the Water Resources Development Act
17 of 2016 (33 U.S.C. 2289a).
18 (b) PROGRAM.—
19 (1) IN GENERAL.—The Secretary is authorized to
20 carry out a program to study, design, and construct
21 water resources development projects through meas-
22 ures involving, among other things, strengthening,
23 raising, extending, realigning, or otherwise modifying
24 existing flood control works, designing new works,
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1 tures, or nonstructural features, as appropriate to
2 provide flood and coastal storm risk management to
3 affected communities.
4 (2) CONSIDERATIONS.—In carrying out para-
5 graph (1), the Secretary shall, to the maximum extent
6 practical, review and, where appropriate, incorporate
7 natural features or nature-based features, or a com-
8 bination of such features and nonstructural features,
9 that avoid or reduce at least 50 percent of flood or
10 storm damages in one or more of the alternatives in-
11 cluded in the final alternatives evaluated.
12 (3) CONSTRUCTION.—
13 (A) IN GENERAL.—The Secretary may
14 carry out a project described in paragraph (1)
15 without further congressional authorization if—
16 (i) the Secretary determines that the
17 project—
18 (I) is advisable to reduce the risk
19 of flooding for an affected community;
20 and
21 (II) produces benefits that are in
22 excess of the estimated costs; and
23 (ii) the Federal share of the cost of the
24 construction does not exceed $15,000,000.
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1 (B) SPECIFIC AUTHORIZATION.—If the Fed-
2 eral share of the cost of a project described in
3 paragraph (1) exceeds $15,000,000, the Secretary
4 shall submit the project recommendation to Con-
5 gress for authorization prior to construction, and
6 shall include the project recommendation in the
7 next annual report submitted under section 7001
8 of the Water Resources Reform and Development
9 Act of 2014.
10 (C) FINANCING.—
11 (i) CONTRIBUTIONS.—If, based on a
12 study carried out pursuant to paragraph
13 (1), the Secretary determines that a project
14 described in paragraph (1) will not produce
15 benefits greater than cost, the Secretary
16 shall allow the affected community to pay,
17 or provide contributions equal to, an
18 amount sufficient to make the remaining
19 costs of design and construction of the
20 project equal to the estimated value of the
21 benefits of the project.
22 (ii) EFFECT ON NON-FEDERAL
23 SHARE.—Amounts provided by an affected
24 community under clause (i) shall be in ad-
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1 affected community is required to provide
2 toward the remaining costs of design and
3 construction of the project under section 103
4 of the Water Resources Development Act of
5 1986 (33 U.S.C. 2213).
6 (4) ABILITY TO PAY.—
7 (A) IN GENERAL.—Any cost-sharing agree-
8 ment for a project entered into pursuant to this
9 section shall be subject to the ability of the af-
10 fected community to pay.
11 (B) DETERMINATION.—The ability of any
12 affected community to pay shall be determined
13 by the Secretary in accordance with procedures
14 established by the Secretary.
15 (C) EFFECT OF REDUCTION.—Any reduc-
16 tion in the non-Federal share of the cost of a
17 project described in paragraph (1) as a result of
18 a determination under this paragraph shall not
19 be included in the Federal share for purposes of
20 subparagraphs (A) and (B) of paragraph (3).
21 SEC. 121. EMERGENCY RESPONSE TO NATURAL DISASTERS.
22 (a) IN GENERAL.—Section 5 of the Act of August 18,
23 1941 (33 U.S.C. 701n) is amended—
24 (1) in subsection (a), by adding at the end the
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1 ‘‘(5) FEASIBILITY STUDY.—
2 ‘‘(A) DETERMINATION.—Not later than 180
3 days after receiving, from a non-Federal sponsor
4 of a project to repair or rehabilitate a flood con-
5 trol work described in paragraph (1), a request
6 to initiate a feasibility study to further modify
7 the relevant flood control work to provide for an
8 increased level of protection, the Secretary shall
9 provide to the non-Federal sponsor a written de-
10 cision on whether the Secretary has the authority
11 under section 216 of the Flood Control Act of
12 1970 (33 U.S.C. 549a) to undertake the requested
13 feasibility study.
14 ‘‘(B) RECOMMENDATION.—If the Secretary
15 determines under subparagraph (B) that the Sec-
16 retary does not have the authority to undertake
17 the requested feasibility study, the Secretary
18 shall include the request for a feasibility study in
19 the annual report submitted under section 7001
20 of the Water Resources Reform and Development
21 Act of 2014.’’;
22 (2) in subsection (c)—
23 (A) in the subsection heading, by striking
24 ‘‘LEVEE OWNERS MANUAL’’ and inserting ‘‘ELI-
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1 (B) in paragraph (1), in the heading, by
2 striking ‘‘IN GENERAL’’ and inserting ‘‘LEVEE
3 OWNER’S MANUAL’’;
4 (C) by redesignating paragraphs (2) and
5 (3) as paragraphs (3) and (4), respectively, and
6 inserting after paragraph (1) the following:
7 ‘‘(2) COMPLIANCE.—
8 ‘‘(A) IN GENERAL.—Notwithstanding the
9 status of compliance of a non-Federal interest
10 with the requirements of a levee owner’s manual
11 described in paragraph (1), or with any other
12 eligibility requirement established by the Sec-
13 retary related to the maintenance and upkeep re-
14 sponsibilities of the non-Federal interest, the Sec-
15 retary shall consider the non-Federal interest to
16 be eligible for repair and rehabilitation assist-
17 ance under this section if the non-Federal inter-
18 est—
19 ‘‘(i) enters into a written agreement
20 with the Secretary that identifies any items
21 of deferred or inadequate maintenance and
22 upkeep identified by the Secretary prior to
23 the natural disaster; and
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1 ‘‘(ii) pays, during performance of the
2 repair and rehabilitation work, all costs to
3 address—
4 ‘‘(I) any items of deferred or in-
5 adequate maintenance and upkeep
6 identified by the Secretary; and
7 ‘‘(II) any repair or rehabilitation
8 work necessary to address damage the
9 Secretary attributes to such deferred or
10 inadequate maintenance or upkeep.
11 ‘‘(B) ELIGIBILITY.—The Secretary may
12 only enter into one agreement under subpara-
13 graph (A) with any non-Federal interest.
14 ‘‘(C) SUNSET.—The authority of the Sec-
15 retary to enter into agreements under paragraph
16 (2) shall terminate on the date that is 5 years
17 after the date of enactment of this paragraph.’’;
18 and
19 (D) in paragraph (3) (as so redesignated),
20 by striking ‘‘this subsection’’ and inserting
21 ‘‘paragraph (1)’’.
22 SEC. 122. STUDY ON NATURAL INFRASTRUCTURE AT CORPS
23 OF ENGINEERS PROJECTS.
24 (a) DEFINITION OF NATURAL FEATURE AND NATURE-
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1 ture’’ and ‘‘nature-based feature’’ have the meanings given
2 those terms in section 1184(a) of the Water Resources Devel-
3 opment Act of 2016 (33 U.S.C. 2289a(a)).
4 (b) STUDY.—Not later than 2 years after the date of
5 enactment of this Act, the Comptroller General of the United
6 States shall conduct, and submit to the Committee on
7 Transportation and Infrastructure of the House of Rep-
8 resentatives and the Committee on Environment and Public
9 Works of the Senate, a report on the results of a study on
10 the consideration by the Secretary of natural infrastructure,
11 natural features, and nature-based features in the study of
12 the feasibility of projects for flood risk management, hurri-
13 cane and storm damage risk reduction, and ecosystem res-
14 toration.
15 (c) REQUIREMENTS.—The study under subsection (b)
16 shall include—
17 (1) a description of guidance or instructions
18 issued, and other measures taken, by the Secretary to
19 consider natural infrastructure, natural features, and
20 nature-based features in project feasibility studies;
21 (2) an assessment, based on information from
22 relevant Federal and non-Federal sources, of—
23 (A) the costs, benefits, and effects associated
24 with natural infrastructure, natural features,
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1 Secretary for flood risk management, hurricane
2 and storm damage risk reduction, and ecosystem
3 restoration; and
4 (B) the effectiveness of natural infrastruc-
5 ture, natural features, and nature-based features;
6 (3) an analysis of projects for flood risk manage-
7 ment, hurricane and storm damage risk reduction,
8 and ecosystem restoration that have incorporated nat-
9 ural infrastructure, natural features, or nature-based
10 features to identify best practices, including for meas-
11 uring project benefits and costs;
12 (4) a description of any statutory, fiscal, regu-
13 latory, or other policy barriers to the appropriate
14 consideration and use of a full array of natural in-
15 frastructure, natural features, and nature-based fea-
16 tures in carrying out feasibility studies and projects;
17 and
18 (5) any recommendations for changes to law, or
19 to fiscal, regulatory, or other policies, to improve the
20 use of natural infrastructure, natural features, and
21 nature-based features by the Corps of Engineers in
22 carrying out feasibility studies and projects.
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1 SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.
2 Section 6002 of the Water Resources Reform and De-
3 velopment Act of 2014 (128 Stat. 1349) is amended to read
4 as follows:
5 ‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
6 ‘‘(a) ASSESSMENT.—The Secretary shall conduct an
7 assessment of projects constructed by the Secretary for
8 which the Secretary continues to have financial or oper-
9 ational responsibility.
10 ‘‘(b) INVENTORY.—Not later than 18 months after the
11 date of enactment of the Water Resources Development Act
12 of 2020, the Secretary shall, based on the assessment carried
13 out under subsection (a), develop an inventory of projects
14 or portions of projects—
15 ‘‘(1) that are not needed for the missions of the
16 Corps of Engineers;
17 ‘‘(2) the modification of which, including though
18 the use of natural features or nature-based features
19 (as those terms are defined in section 1184(a) of the
20 Water Resources Development Act of 2016 (33 U.S.C.
21 2289a(a)), could improve the sustainable operations
22 of the project, or reduce operation and maintenance
23 costs for the project; or
24 ‘‘(3) that are no longer having project purposes
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25 adequately met by the Corps of Engineers, because of
26 deferment of maintenance or other challenges, and the
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1 divestment of which to a non-Federal entity could bet-
2 ter meet the local and regional needs for operation
3 and maintenance.
4 ‘‘(c) CRITERIA.—In conducting the assessment under
5 subsection (a) and developing the inventory under sub-
6 section (b), the Secretary shall use the following criteria:
7 ‘‘(1) The extent to which the project aligns with
8 the current missions of the Corps of Engineers.
9 ‘‘(2) The economic and environmental impacts of
10 the project on existing communities in the vicinity of
11 the project.
12 ‘‘(3) The extent to which the divestment or modi-
13 fication of the project could reduce operation and
14 maintenance costs of the Corps of Engineers.
15 ‘‘(4) The extent to which the divestment or modi-
16 fication of the project is in the public interest.
17 ‘‘(5) The extent to which investment of addi-
18 tional Federal resources in the project proposed for
19 divestment or modification, including investment
20 needed to bring the project to a good state of repair,
21 is in the public interest.
22 ‘‘(6) The extent to which the authorized purpose
23 of the project is no longer being met.
24 ‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTER-
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25 ESTS.—A non-Federal interest for a project may rec-
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1 ommend that the Secretary include such project in the as-
2 sessment or inventory required under this section.
3 ‘‘(e) REPORT TO CONGRESS.—
4 ‘‘(1) IN GENERAL.—Upon completion of the in-
5 ventory required by subsection (b), the Secretary shall
6 submit to the Committee on Environment and Public
7 Works of the Senate and the Committee on Transpor-
8 tation and Infrastructure of the House of Representa-
9 tives, and make publicly available, a report con-
10 taining the findings of the Secretary with respect to
11 the assessment and inventory required under this sec-
12 tion.
13 ‘‘(2) INCLUSION.—The Secretary shall list in an
14 appendix any recommendation of a non-Federal in-
15 terest made with respect to a project under subsection
16 (d) that the Secretary determines not to include in the
17 inventory developed under subsection (b), based on the
18 criteria in subsection (c), including information
19 about the request and the reasons for the Secretary’s
20 determination.’’.
21 SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE
22 PROJECTS.
23 It is the sense of Congress that the Secretary, in coordi-
24 nation with non-Federal interests, should maximize the de-
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1 ternatives for future water resources development projects
2 that produce multiple project benefits, such as navigation,
3 flood risk management, and ecosystem restoration benefits,
4 including through the use of natural or nature-based fea-
5 tures and the beneficial reuse of dredged material.
6 SEC. 125. BENEFICIAL REUSE OF DREDGED MATERIAL;
7 DREDGED MATERIAL MANAGEMENT PLANS.
8 (a) NATIONAL POLICY ON THE BENEFICIAL REUSE OF
9 DREDGED MATERIAL.—
10 (1) IN GENERAL.—It is the policy of the United
11 States for the Corps of Engineers to maximize the
12 beneficial reuse, in an environmentally acceptable
13 manner, of suitable dredged material obtained from
14 the construction or operation and maintenance of
15 water resources development projects.
16 (2) PLACEMENT OF DREDGED MATERIALS.—
17 (A) IN GENERAL.—In evaluating the place-
18 ment of dredged material obtained from the con-
19 struction or operation and maintenance of water
20 resources development projects, the Secretary
21 shall consider—
22 (i) the suitability of the dredged mate-
23 rial for a full range of beneficial uses; and
24 (ii) the economic and environmental
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1 the effects on living coral) of using the
2 dredged material for beneficial uses, includ-
3 ing, in the case of beneficial reuse activities
4 that involve more than one water resources
5 development project, the benefits, effi-
6 ciencies, and impacts that result from the
7 combined activities.
8 (B) CALCULATION OF FEDERAL STAND-
9 ARD.—The economic benefits and efficiencies
10 from the beneficial use of dredged material con-
11 sidered by the Secretary under subparagraph (A)
12 shall be included in any determination relating
13 to the ‘‘Federal standard’’ by the Secretary
14 under section 335.7 of title 33, Code of Federal
15 Regulations for the placement or disposal of such
16 material.
17 (b) BENEFICIAL USE OF DREDGED MATERIAL.—
18 (1) PILOT PROGRAM PROJECTS.—Section 1122 of
19 the Water Resources Development Act of 2016 (33
20 U.S.C. 2326 note) is amended—
21 (A) in subsection (b)(1), by striking ‘‘20’’
22 and inserting ‘‘30’’; and
23 (B) in subsection (g), by striking ‘‘20’’ and
24 inserting ‘‘30’’.
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1 (2) SENSE OF CONGRESS.—It is the sense of
2 Congress that the Secretary, in selecting projects for
3 the beneficial reuse of dredged materials under section
4 1122 of the Water Resources Development Act of 2016
5 (33 U.S.C. 2326 note), should ensure the thorough
6 evaluation of project submissions from rural, small,
7 and economically disadvantaged communities.
8 (c) FIVE-YEAR REGIONAL DREDGED MATERIAL MAN-
9 AGEMENT PLANS.—
10 (1) IN GENERAL.—Not later than 1 year after
11 the date of enactment of this Act, and annually there-
12 after, the District Commander of each district of the
13 Corps of Engineers that obtains dredged material
14 through the construction or operation and mainte-
15 nance of a water resources development project shall,
16 at Federal expense, develop and submit to the Sec-
17 retary a 5-year dredged material management plan
18 in coordination with relevant State agencies and
19 stakeholders.
20 (2) SCOPE.—Each plan developed under this
21 subsection shall include—
22 (A) a dredged material budget for each wa-
23 tershed or littoral system within the district;
24 (B) an estimate of the amount of dredged
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1 struction or operation and maintenance of all
2 water resources development projects projected to
3 be carried out within the district during the 5-
4 year period following submission of the plan,
5 and the estimated timing for obtaining such
6 dredged material;
7 (C) an identification of potential water re-
8 sources development projects projected to be car-
9 ried out within the district during such 5-year
10 period that are suitable for, or that require, the
11 placement of dredged material, and an estimate
12 of the amount of dredged material placement ca-
13 pacity of such projects;
14 (D) an evaluation of—
15 (i) the suitability of the dredged mate-
16 rial for a full range of beneficial uses; and
17 (ii) the economic and environmental
18 benefits, efficiencies, and impacts (including
19 the effects on living coral) of using the
20 dredged material for beneficial uses, includ-
21 ing, in the case of beneficial reuse activities
22 that involve more than one water resources
23 development project, the benefits, effi-
24 ciencies, and impacts that result from the
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1 (E) the district-wide goals for beneficial
2 reuse of the dredged material, including any ex-
3 pected cost savings from aligning and coordi-
4 nating multiple projects (including projects
5 across Corps districts) in the reuse of the dredged
6 material.
7 (3) PUBLIC COMMENT.—In developing each plan
8 under this subsection, each District Commander shall
9 provide notice and an opportunity for public com-
10 ment.
11 (4) PUBLIC AVAILABILITY.—Upon submission of
12 each plan to the Secretary under this subsection, each
13 District Commander shall make the plan publicly
14 available, including on a publicly available website.
15 (d) DREDGE PILOT PROGRAM.—
16 (1) REVISIONS.—Section 1111 of the Water Re-
17 sources Development Act of 2018 (33 U.S.C. 2326
18 note) is amended—
19 (A) in subsection (a), by striking ‘‘for the
20 operation and maintenance of harbors and in-
21 land harbors’’ and all that follows through the
22 period at the end and inserting the following:
23 ‘‘for the—
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1 ‘‘(1) harbors and inland harbors referred to in
2 section 210(a)(2) of the Water Resources Development
3 Act of 1986 (33 U.S.C. 2238(a)(2)); or
4 ‘‘(2) inland and intracoastal waterways of the
5 United States described in section 206 of the Inland
6 Waterways Revenue Act of 1978 (33 U.S.C. 1804).’’;
7 and
8 (B) in subsection (b), by striking ‘‘or inland
9 harbors’’ and inserting ‘‘, inland harbors, or in-
10 land or intracoastal waterways’’.
11 (2) COORDINATION WITH EXISTING AUTHORI-
12 TIES.—The Secretary may carry out the dredge pilot
13 program authorized by section 1111 of the Water Re-
14 sources Development Act of 2018 (33 U.S.C. 2326
15 note) in coordination with Federal regional dredge
16 demonstration programs in effect on the date of enact-
17 ment of this Act.
18 SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD-
19 ROMOUS FISH.
20 (a) ANADROMOUS FISH HABITAT AND PASSAGE.—Sec-
21 tion 206 of the Water Resources Development Act of 1996
22 (33 U.S.C. 2330) is amended—
23 (1) in subsection (a), by adding at the end the
24 following:
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1 ‘‘(3) ANADROMOUS FISH HABITAT AND PAS-
2 SAGE.—
3 ‘‘(A) MEASURES.—A project under this sec-
4 tion may include measures to improve habitat or
5 passage for anadromous fish, including—
6 ‘‘(i) installing fish bypass structures on
7 small water diversions;
8 ‘‘(ii) modifying tide gates; and
9 ‘‘(iii) restoring or reconnecting
10 floodplains and wetlands that are impor-
11 tant for anadromous fish habitat or pas-
12 sage.
13 ‘‘(B) BENEFITS.—A project that includes
14 measures under this paragraph shall be formu-
15 lated to maximize benefits for the anadromous
16 fish species benefitted by the project.’’; and
17 (2) by adding at the end the following:
18 ‘‘(g) PRIORITIZATION.—The Secretary shall give
19 projects that include measures described in subsection (a)(3)
20 equal priority for implementation as other projects under
21 this section.’’.
22 SEC. 127. ANNUAL REPORT TO CONGRESS.
23 Section 7001(c)(4)(B) of the Water Resources Reform
24 and Development Act of 2014 (33 U.S.C. 2282d(c)(4)(B))
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1 (1) in clause (i), by striking ‘‘and’’ at the end;
2 (2) by redesignating clause (ii) as clause (iii);
3 and
4 (3) by inserting after clause (i) the following:
5 ‘‘(ii) the Secretary shall not include
6 proposals in the appendix of the annual re-
7 port that otherwise meet the criteria for in-
8 clusion in the annual report solely on the
9 basis that the proposals are for the purposes
10 of navigation, flood risk management, eco-
11 system restoration, or municipal or agricul-
12 tural water supply; and’’.
13 SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PRO-
14 GRAM.
15 (a) IN GENERAL.—The Secretary shall carry out a
16 demonstration program to determine the causes of, and im-
17 plement measures to effectively detect, prevent, treat, and
18 eliminate, harmful algal blooms associated with water re-
19 sources development projects.
20 (b) CONSULTATION; USE OF EXISTING DATA AND PRO-
21 GRAM AUTHORITIES.—In carrying out the demonstration
22 program under subsection (a), the Secretary shall—
23 (1) consult with the heads of appropriate Federal
24 and State agencies; and
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1 (2) make maximum use of existing Federal and
2 State data and ongoing programs and activities of
3 Federal and State agencies, including the activities of
4 the Secretary carried out through the Engineer Re-
5 search and Development Center pursuant to section
6 1109 of the Water Resources Development Act of 2018
7 (33 U.S.C. 610 note).
8 (c) FOCUS AREAS.—In carrying out the demonstration
9 program under subsection (a), the Secretary shall undertake
10 program activities related to harmful algal blooms in the
11 Great Lakes, the tidal and inland waters of the State of
12 New Jersey, the coastal and tidal waters of the State of Lou-
13 isiana, the waterways of the counties that comprise the Sac-
14 ramento-San Joaquin Delta, California, and Lake Okee-
15 chobee, Florida.
16 SEC. 129. UPDATE ON INVASIVE SPECIES POLICY GUID-
17 ANCE.
18 (a) IN GENERAL.—The Secretary shall periodically
19 update the Invasive Species Policy Guidance, developed
20 under section 104 of the River and Harbor Act of 1958 (33
21 U.S.C. 610) and the Nonindigenous Aquatic Nuisance Pre-
22 vention and Control Act of 1990 (16 U.S.C. 4701 et seq.),
23 in accordance with the most recent National Invasive Spe-
24 cies Council Management Plan developed pursuant to Exec-
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1 (b) INCLUSION.—The Secretary may include in the up-
2 dated guidance invasive species specific efforts at federally
3 authorized water resources development projects located
4 in—
5 (1) high-altitude lakes; and
6 (2) the Tennessee and Cumberland River basins.
7 SEC. 130. REPORT ON DEBRIS REMOVAL.
8 Section 1210 of the Water Resources Development Act
9 of 2018 (132 Stat. 3808) is amended to read as follows:
10 ‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL.
11 ‘‘Not later than 180 days after the date of enactment
12 of the Water Resources Development Act of 2020, the Sec-
13 retary shall submit to Congress and make publicly available
14 a report that describes—
15 ‘‘(1) the extent to which, during the 10 fiscal
16 years prior to such date of enactment, the Secretary
17 has carried out section 3 of the Act of March 2, 1945
18 (33 U.S.C. 603a);
19 ‘‘(2) how the Secretary has evaluated potential
20 work to be carried out under that section; and
21 ‘‘(3) the extent to which the Secretary plans to
22 start, continue, or complete debris removal activities
23 in the 3 years following submission of the report.’’.
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1 SEC. 131. MISSOURI RIVER INTERCEPTION-REARING COM-
2 PLEX CONSTRUCTION.
3 (a) REPORT.—Not later than 1 year after the date of
4 enactment of this Act, and annually thereafter, the Sec-
5 retary shall submit to the Committee on Transportation
6 and Infrastructure of the House of Representatives and the
7 Committee on Environment and Public Works of the Senate
8 a report on the effects of any interception-rearing complex
9 constructed on the Missouri River on—
10 (1) flood risk management and navigation; and
11 (2) the population recovery of the pallid stur-
12 geon, including baseline population counts.
13 (b) NO ADDITIONAL IRC CONSTRUCTION.—The Sec-
14 retary may not authorize construction of an interception-
15 rearing complex on the Missouri River until the Sec-
16 retary—
17 (1) submits the report required by subsection (a);
18 (2) acting through the Engineer Research and
19 Development Center, conducts further research on
20 interception-rearing complex design, including any
21 effects on existing flows, flood risk management, and
22 navigation; and
23 (3) develops a plan—
24 (A) to repair dikes and revetments that are
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1 (B) to establish, repair, or improve water
2 control structures at the headworks of constructed
3 shallow water habitat side-channels.
4 (c) FUTURE IRC CONSTRUCTION.—
5 (1) PUBLIC COMMENT.—The Secretary shall pro-
6 vide an opportunity for comment from the public and
7 the Governor of each affected State on any proposals
8 to construct an interception-rearing complex after the
9 date of enactment of this Act.
10 (2) PERIOD.—The public comment period re-
11 quired by paragraph (1) shall be not less than 90
12 days for each proposal to construct an interception-
13 rearing complex on the Missouri River.
14 SEC. 132. COST AND BENEFIT FEASIBILITY ASSESSMENT.
15 (a) IN GENERAL.—Section 5(a)(2)(B) of the Act of Au-
16 gust 18, 1941 (33 U.S.C. 701n(a)(2)(B)) is amended—
17 (1) in clause (i)(I), by inserting ‘‘, or provide
18 contributions equal to,’’ after ‘‘pay’’; and
19 (2) in clause (ii)—
20 (A) in the heading, by inserting ‘‘AND CON-
21 TRIBUTIONS’’ after ‘‘OF PAYMENTS’’;
22 (B) by inserting ‘‘or contributions’’ after
23 ‘‘Non-Federal payments’’; and
24 (C) by inserting ‘‘or contributions’’ after
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25 ‘‘non-Federal payments’’.
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1 (b) CONTINUED ELIGIBILITY.—Section 1161(b) of the
2 Water Resources Development Act of 2018 (33 U.S.C. 701n
3 note) is amended—
4 (1) in the matter preceding paragraph (1)—
5 (A) by striking the ‘‘three fiscal years pre-
6 ceding’’ and inserting ‘‘five fiscal years pre-
7 ceding’’; and
8 (B) by striking ‘‘last day of the third fiscal
9 year’’ and inserting ‘‘last day of the fifth fiscal
10 year’’;
11 (2) in paragraph (1), by inserting ‘‘, or provide
12 contributions equal to,’’ before ‘‘an amount suffi-
13 cient’’; and
14 (3) by striking paragraph (2) and inserting the
15 following:
16 ‘‘(2) the Secretary determines that the damage to
17 the structure was not as a result of negligent oper-
18 ation or maintenance.’’.
19 SEC. 133. MATERIALS, SERVICES, AND FUNDS FOR REPAIR,
20 RESTORATION, OR REHABILITATION OF
21 PROJECTS.
22 (a) IN GENERAL.—In any area covered by an emer-
23 gency or major disaster declaration declared under the Rob-
24 ert T. Stafford Disaster Relief and Emergency Assistance
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25 Act (42 U.S.C. 5121 et seq.), the Secretary is authorized
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1 to accept and use materials, services, and funds, during the
2 period the declaration is in effect, from a non-Federal inter-
3 est or private entity to repair, restore, or rehabilitate a fed-
4 erally authorized water resources development project, and
5 to provide reimbursement to such non-Federal interest or
6 private entity for such materials, services, and funds, in
7 the Secretary’s sole discretion, and subject to the avail-
8 ability of appropriations, if the Secretary determines that
9 reimbursement is in the public interest.
10 (b) ADDITIONAL REQUIREMENT.—The Secretary may
11 only reimburse for the use of materials or services accepted
12 under this section if such materials or services meet the Sec-
13 retary’s specifications and comply with all applicable laws
14 and regulations that would apply if such materials and
15 services were acquired by the Secretary, including sections
16 3141 through 3148 and 3701 through 3708 of title 40,
17 United States Code, section 8302 of title 41, United States
18 Code, and the National Environmental Policy Act of 1969.
19 (c) AGREEMENTS.—
20 (1) IN GENERAL.—Prior to the acceptance of ma-
21 terials, services, or funds under this section, the Sec-
22 retary and the non-Federal interest shall enter into
23 an agreement that specifies—
24 (A) the non-Federal interest shall hold and
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1 damages that arise from use of materials or serv-
2 ices of the non-Federal interest, except for dam-
3 ages due to the fault or negligence of the United
4 States or its contractors;
5 (B) the non-Federal interest shall certify
6 that the materials or services comply with all
7 applicable laws and regulations under subsection
8 (b); and
9 (C) any other term or condition required by
10 the Secretary.
11 (2) EXCEPTION.—If an agreement under para-
12 graph (1) was not entered prior to materials or serv-
13 ices being contributed, a non-Federal interest shall
14 enter into an agreement with the Secretary that—
15 (A) specifies the value, as determined by the
16 Secretary, of those materials or services contrib-
17 uted and eligible for reimbursement; and
18 (B) ensures that the materials or services
19 comply with subsection (b) and paragraph (1).
20 SEC. 134. LEVEE SAFETY.
21 Section 9004 of the Water Resources Development Act
22 of 2007 (33 U.S.C. 3303) is amended by adding at the end
23 the following:
24 ‘‘(d) IDENTIFICATION OF DEFICIENCIES.—
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1 ‘‘(1) IN GENERAL.—For each levee included in
2 an inventory established under subsection (b) or for
3 which the Secretary has conducted a review under
4 subsection (c), the Secretary shall—
5 ‘‘(A) identify the specific engineering and
6 maintenance deficiencies, if any; and
7 ‘‘(B) describe the recommended remedies to
8 correct each deficiency identified under subpara-
9 graph (A), and, if requested by owner of a non-
10 Federal levee, the associated costs of those rem-
11 edies.
12 ‘‘(2) CONSULTATION.—In identifying deficiencies
13 and describing remedies for a levee under paragraph
14 (1), the Secretary shall consult with relevant non-Fed-
15 eral interests, including by providing an opportunity
16 for comment by those non-Federal interests.’’.
17 SEC. 135. NATIONAL DAM SAFETY PROGRAM.
18 (a) DEFINITIONS.—Section 2 of the National Dam
19 Safety Program Act (33 U.S.C. 467) is amended—
20 (1) in paragraph (4)—
21 (A) in subparagraph (A)—
22 (i) by striking clause (iii) and insert-
23 ing the following:
24 ‘‘(iii) has an emergency action plan
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1 ‘‘(I) is approved by the relevant
2 State dam safety agency; or
3 ‘‘(II) is in conformance with
4 State law and pending approval by the
5 relevant State dam safety agency;’’;
6 and
7 (ii) by striking clause (iv) and insert-
8 ing the following:
9 ‘‘(iv) fails to meet minimum dam safe-
10 ty standards of the State in which the dam
11 is located, as determined by the State; and
12 ‘‘(v) poses an unacceptable risk to the
13 public, as determined by the Administrator,
14 in consultation with the Board.’’; and
15 (B) in subparagraph (B)(i), by inserting
16 ‘‘under a hydropower project with an authorized
17 installed capacity of greater than 1.5
18 megawatts’’ after ‘‘dam’’; and
19 (2) in paragraph (10)—
20 (A) in the heading, by striking ‘‘NON-FED-
21 ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB-
22 RECIPIENT’’; and
23 (B) by striking ‘‘The term ‘non-Federal
24 sponsor’ ’’ and inserting ‘‘The term ‘eligible sub-
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1 (b) REHABILITATION OF HIGH HAZARD POTENTIAL
2 DAMS.—
3 (1) ESTABLISHMENT OF PROGRAM.—Section
4 8A(a) of the National Dam Safety Program Act (33
5 U.S.C. 467f–2(a)) is amended by striking ‘‘to non-
6 Federal sponsors’’ and inserting ‘‘to States with dam
7 safety programs’’.
8 (2) ELIGIBLE ACTIVITIES.—Section 8A(b) of the
9 National Dam Safety Program Act (33 U.S.C. 467f–
10 2(b)) is amended, in the matter preceding paragraph
11 (1), by striking ‘‘for a project may be used for’’ and
12 inserting ‘‘to a State may be used by the State to
13 award grants to eligible subrecipients for’’.
14 (3) AWARD OF GRANTS.—Section 8A(c) of the
15 National Dam Safety Program Act (33 U.S.C. 467f–
16 2(c)) is amended—
17 (A) in paragraph (1)(A), by striking ‘‘non-
18 Federal sponsor’’ and inserting ‘‘State’’; and
19 (B) in paragraph (2)—
20 (i) in subparagraph (A), by striking
21 ‘‘an eligible high hazard potential dam to a
22 non-Federal sponsor’’ and inserting ‘‘eligi-
23 ble high hazard potential dams to a State’’;
24 (ii) in subparagraph (B)—
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1 (I) in the subparagraph heading,
2 by striking ‘‘PROJECT GRANT’’ and in-
3 serting ‘‘GRANT’’;
4 (II) by striking ‘‘project grant
5 agreement with the non-Federal spon-
6 sor’’ and inserting ‘‘grant agreement
7 with the State’’; and
8 (III) by striking ‘‘project,’’ and
9 inserting ‘‘projects for which the grant
10 is awarded,’’;
11 (iii) by amending subparagraph (C) to
12 read as follows:
13 ‘‘(C) GRANT ASSURANCE.—As part of a
14 grant agreement under subparagraph (B), the
15 Administrator shall require that each eligible
16 subrecipient to which the State awards a grant
17 under this section provides an assurance, with
18 respect to the dam to be rehabilitated by the eli-
19 gible subrecipient, that the dam owner will carry
20 out a plan for maintenance of the dam during
21 the expected life of the dam.’’; and
22 (iv) in subparagraph (D), by striking
23 ‘‘A grant provided under this section shall
24 not exceed’’ and inserting ‘‘A State may not
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1 under this section that exceeds, for any 1
2 dam,’’.
3 (4) REQUIREMENTS.—Section 8A(d) of the Na-
4 tional Dam Safety Program Act (33 U.S.C. 467f–
5 2(d)) is amended—
6 (A) in paragraph (1), by inserting ‘‘to an
7 eligible subrecipient’’ after ‘‘this section’’;
8 (B) in paragraph (2)—
9 (i) in the paragraph heading, by strik-
10 ing ‘‘NON-FEDERAL SPONSOR’’ and insert-
11 ing ‘‘ELIGIBLE SUBRECIPIENT’’;
12 (ii) in the matter preceding subpara-
13 graph (A), by striking ‘‘the non-Federal
14 sponsor shall’’ and inserting ‘‘an eligible
15 subrecipient shall, with respect to the dam
16 to be rehabilitated by the eligible sub-
17 recipient’’;
18 (iii) in subparagraph (A), by striking
19 ‘‘participate in, and comply with,’’ and in-
20 serting ‘‘demonstrate that the community in
21 which the dam is located participates in,
22 and complies with,’’;
23 (iv) in subparagraph (B), by striking
24 ‘‘have’’ and inserting ‘‘beginning not later
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1 ministrator publishes criteria for hazard
2 mitigation plans under paragraph (3),
3 demonstrate that the Tribal or local govern-
4 ment with jurisdiction over the area in
5 which the dam is located has’’; and
6 (v) in subparagraph (C), by striking
7 ‘‘50-year period’’ and inserting ‘‘expected
8 life of the dam’’; and
9 (C) by adding at the end the following:
10 ‘‘(3) HAZARD MITIGATION PLAN CRITERIA.—Not
11 later than 1 year after the date of enactment of this
12 paragraph, the Administrator, in consultation with
13 the Board, shall publish criteria for hazard mitiga-
14 tion plans required under paragraph (2)(B).’’.
15 (5) FLOODPLAIN MANAGEMENT PLANS.—Section
16 8A(e) of the National Dam Safety Program Act (33
17 U.S.C. 467f–2(e)) is amended—
18 (A) in paragraph (1)—
19 (i) in the matter preceding subpara-
20 graph (A), by striking ‘‘the non-Federal
21 sponsor’’ and inserting ‘‘an eligible sub-
22 recipient’’; and
23 (ii) in subparagraph (B), by striking
24 ‘‘1 year’’ and inserting ‘‘2 years’’ each place
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1 (B) by striking paragraph (3) and inserting
2 the following:
3 ‘‘(3) PLAN CRITERIA AND TECHNICAL SUP-
4 PORT.—The Administrator, in consultation with the
5 Board, shall provide criteria, and may provide tech-
6 nical support, for the development and implementa-
7 tion of floodplain management plans prepared under
8 this subsection.’’.
9 (6) CONTRACTUAL REQUIREMENTS.—Section
10 8A(i)(1) of the National Dam Safety Program Act
11 (33 U.S.C. 467f–2(i)(1)) is amended by striking ‘‘a
12 non-Federal sponsor’’ and inserting ‘‘an eligible sub-
13 recipient’’.
14 SEC. 136. REHABILITATION OF CORPS OF ENGINEERS CON-
15 STRUCTED PUMP STATIONS.
16 (a) DEFINITIONS.—In this section:
17 (1) ELIGIBLE PUMP STATION.—The term ‘‘eligi-
18 ble pump station’’ means a pump station—
19 (A) constructed, in whole or in part, by the
20 Corps of Engineers for flood risk management
21 purposes;
22 (B) that the Secretary has identified as hav-
23 ing a major deficiency; and
24 (C) the failure of which the Secretary has
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1 risk management project constructed by the
2 Corps of Engineers.
3 (2) REHABILITATION.—
4 (A) IN GENERAL.—The term ‘‘rehabilita-
5 tion’’, with respect to an eligible pump station,
6 means to address a major deficiency of the eligi-
7 ble pump station caused by long-term degrada-
8 tion of the foundation, construction materials, or
9 engineering systems or components of the eligible
10 pump station.
11 (B) INCLUSIONS.—The term ‘‘rehabilita-
12 tion’’, with respect to an eligible pump station,
13 includes—
14 (i) the incorporation into the eligible
15 pump station of—
16 (I) current design standards;
17 (II) efficiency improvements; and
18 (III) associated drainage; and
19 (ii) increasing the capacity of the eligi-
20 ble pump station, subject to the condition
21 that the increase shall—
22 (I) significantly decrease the risk
23 of loss of life and property damage; or
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1 (II) decrease total lifecycle reha-
2 bilitation costs for the eligible pump
3 station.
4 (b) AUTHORIZATION.—The Secretary may carry out
5 rehabilitation of an eligible pump station, if the Secretary
6 determines that the rehabilitation is feasible.
7 (c) COST SHARING.—The non-Federal interest for the
8 eligible pump station shall—
9 (1) provide 35 percent of the cost of rehabilita-
10 tion of an eligible pump station carried out under
11 this section; and
12 (2) provide all land, easements, rights-of-way,
13 and necessary relocations associated with the rehabili-
14 tation described in subparagraph (A), at no cost to
15 the Federal Government.
16 (d) AGREEMENT REQUIRED.—The rehabilitation of an
17 eligible pump station pursuant to this section shall be initi-
18 ated only after a non-Federal interest has entered into a
19 binding agreement with the Secretary—
20 (1) to pay the non-Federal share of the costs of
21 rehabilitation under subsection (c); and
22 (2) to pay 100 percent of the operation and
23 maintenance costs of the rehabilitated eligible pump
24 station, in accordance with regulations promulgated
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1 (e) TREATMENT.—The rehabilitation of an eligible
2 pump station pursuant to this section shall not be consid-
3 ered to be a separable element of the associated flood risk
4 management project constructed by the Corps of Engineers.
5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
6 authorized to be appropriated to carry out this section
7 $60,000,000, to remain available until expended.
8 SEC. 137. NON-FEDERAL PROJECT IMPLEMENTATION PILOT
9 PROGRAM.
10 Section 1043(b) of the Water Resources Reform and
11 Development Act of 2014 (33 U.S.C. 2201 note) is amend-
12 ed—
13 (1) in paragraph (7), by striking ‘‘the date that
14 is 5 years after the date of enactment of this Act’’ and
15 inserting ‘‘September 30, 2026’’;
16 (2) in paragraph (8), by striking ‘‘2023’’ and in-
17 serting ‘‘2026’’; and
18 (3) by adding at the end the following:
19 ‘‘(9) IMPLEMENTATION GUIDANCE.—
20 ‘‘(A) IN GENERAL.—Not later than 120
21 days after the date of enactment of this para-
22 graph, the Secretary shall issue guidance for the
23 implementation of the pilot program that, to the
24 extent practicable, identifies—
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1 ‘‘(i) the metrics for measuring the suc-
2 cess of the pilot program;
3 ‘‘(ii) a process for identifying future
4 projects to participate in the pilot program;
5 ‘‘(iii) measures to address the risks of
6 a non-Federal interest constructing projects
7 under the pilot program, including which
8 entity bears the risk for projects that fail to
9 meet the Corps of Engineers standards for
10 design or quality;
11 ‘‘(iv) the laws and regulations that a
12 non-Federal interest must follow in car-
13 rying out a project under the pilot program;
14 and
15 ‘‘(v) which entity bears the risk in the
16 event that a project carried out under the
17 pilot program fails to be carried out in ac-
18 cordance with the project authorization or
19 this subsection.
20 ‘‘(B) NEW PROJECT PARTNERSHIP AGREE-
21 MENTS.—The Secretary may not enter into a
22 project partnership agreement under this sub-
23 section during the period beginning on the date
24 of enactment of this paragraph and ending on
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1 the date on which the Secretary issues the guid-
2 ance under subparagraph (A).’’.
3 SEC. 138. DEFINITION OF ECONOMICALLY DISADVANTAGED
4 COMMUNITY.
5 (a) IN GENERAL.—Not later than 180 days after the
6 date of enactment of this Act, the Secretary shall issue guid-
7 ance defining the term ‘‘economically disadvantaged com-
8 munity’’ for the purposes of this Act and the amendments
9 made by this Act.
10 (b) CONSIDERATIONS.—In defining the term ‘‘economi-
11 cally disadvantaged community’’ under subsection (a), the
12 Secretary shall, to the maximum extent practicable, utilize
13 the criteria under paragraphs (1) or (2) of section 301(a)
14 of the Public Works and Economic Development Act of 1965
15 (42 U.S.C. 3161), to the extent that such criteria are appli-
16 cable in relation to the development of water resources devel-
17 opment projects.
18 SEC. 139. COST SHARING PROVISIONS FOR TERRITORIES
19 AND INDIAN TRIBES.
20 Section 1156(b) of the Water Resources Development
21 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking
22 ‘‘inflation’’ and all that follows through the period at the
23 end and inserting ‘‘on an annual basis for inflation.’’.
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1 SEC. 140. FLOOD CONTROL AND OTHER PURPOSES.
2 Section 103(k) of the Water Resources Development Act
3 of 1986 (33 U.S.C. 2213) is amended—
4 (1) by striking ‘‘Except as’’ and inserting the fol-
5 lowing:
6 ‘‘(1) IN GENERAL.—Except as’’; and
7 (2) by adding at the end the following:
8 ‘‘(2) RENEGOTIATION OF TERMS.—
9 ‘‘(A) IN GENERAL.—At the request of a non-
10 Federal interest, the Secretary and the non-Fed-
11 eral interest may renegotiate the terms and con-
12 ditions of an eligible deferred payment, includ-
13 ing—
14 ‘‘(i) permitting the non-Federal con-
15 tribution to be made without interest, pur-
16 suant to paragraph (1);
17 ‘‘(ii) recalculation of the interest rate;
18 ‘‘(iii) full or partial forgiveness of in-
19 terest accrued during the period of construc-
20 tion; and
21 ‘‘(iv) a credit against construction in-
22 terest for a non-Federal investment that
23 benefits the completion or performance of
24 the project or separable element.
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1 ‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An
2 eligible deferred payment agreement under sub-
3 paragraph (A) is an agreement for which—
4 ‘‘(i) the non-Federal contribution was
5 made with interest;
6 ‘‘(ii) the period of project construction
7 exceeds 10 years from the execution of a
8 project partnership agreement or appro-
9 priation of funds; and
10 ‘‘(iii) the construction interest exceeds
11 $45,000,000.
12 ‘‘(C) CREDIT FOR NON-FEDERAL CONTRIBU-
13 TION.—
14 ‘‘(i) IN GENERAL.—The Secretary is
15 authorized to credit any costs incurred by
16 the non-Federal interest (including in-kind
17 contributions) to remedy a design or con-
18 struction deficiency of a covered project or
19 separable element toward the non-Federal
20 share of the cost of the covered project, if the
21 Secretary determines the remedy to be inte-
22 gral to the completion or performance of the
23 covered project.
24 ‘‘(ii) CREDIT OF COSTS.—If the non-
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1 tributions for a project to remedy a design
2 or construction deficiency of a project or
3 separable element which has a 100 percent
4 Federal cost share, and the Secretary deter-
5 mines the remedy to be integral to the com-
6 pletion or performance of the project, the
7 Secretary is authorized to credit such costs
8 to any interest accrued on a deferred non-
9 Federal contribution.’’.
10 SEC. 141. REVIEW OF CONTRACTING POLICIES.
11 (a) IN GENERAL.—Not later than 180 days after the
12 date of enactment of this section, the Secretary shall com-
13 plete a review of the policies, guidelines, and regulations
14 of the Corps of Engineers for the development of contractual
15 agreements between the Secretary and non-Federal interests
16 and utilities associated with the construction of water re-
17 sources development projects.
18 (b) REPORT.—Not later than 90 days after completing
19 the review under subsection (a), the Secretary shall submit
20 to the Committee on Transportation and Infrastructure of
21 the House of Representatives and the Committee on Envi-
22 ronment and Public Works of the Senate, and make publicly
23 available, a report that includes—
24 (1) a summary of the results of the review; and
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1 (2) public guidance on best practices for non-
2 Federal interest to use when writing or developing
3 contractual agreements with the Secretary and utili-
4 ties.
5 (c) PROVISION OF GUIDANCE.—The Secretary shall
6 provide the best practices guidance included under sub-
7 section (b)(2) to non-Federal interests prior to the develop-
8 ment of contractual agreements.
9 SEC. 142. BUY AMERICA.
10 With respect to all Corps of Engineers construction
11 and rehabilitation contracts to be awarded after the date
12 of enactment of this Act, the steel components furnished and
13 delivered under such contracts shall be manufactured or fab-
14 ricated in whole or substantial part in the United States
15 with steel produced or made in the United States, its terri-
16 tories, or possessions.
17 SEC. 143. ANNUAL REPORT ON STATUS OF FEASIBILITY
18 STUDIES.
19 Concurrent with each report submitted under section
20 7001 of the Water Resources Reform and Development Act
21 of 2014 (33 U.S.C. 2282d), the Secretary shall submit to
22 the Committee on Transportation and Infrastructure of the
23 House of Representatives and the Committee on Environ-
24 ment and Public Works a report that provides for an ac-
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1 ducted by the Secretary, including, for each such study, its
2 length, cost, and expected completion date.
3 TITLE II—STUDIES AND
4 REPORTS
5 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY
6 STUDIES.
7 (a) IN GENERAL.—The Secretary is authorized to con-
8 duct a feasibility study for the following projects for water
9 resources development and conservation and other purposes,
10 as identified in the reports titled ‘‘Report to Congress on
11 Future Water Resources Development’’ submitted to Con-
12 gress pursuant to section 7001 of the Water Resources Re-
13 form and Development Act of 2014 (33 U.S.C. 2282d) or
14 otherwise reviewed by Congress:
15 (1) TONTO CREEK, GILA RIVER, ARIZONA.—
16 Project for flood risk management, Tonto Creek, Gila
17 River, Arizona.
18 (2) SULPHUR RIVER, ARKANSAS AND TEXAS.—
19 Project for ecosystem restoration, Sulphur River, Ar-
20 kansas and Texas.
21 (3) CABLE CREEK, CALIFORNIA.—Project for
22 flood risk management, water supply, and related
23 benefits, Cable Creek, California.
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1 (4) DEL MAR BLUFFS, CALIFORNIA.—Project for
2 shoreline stabilization, Del Mar Bluffs, San Diego
3 County, California.
4 (5) REDBANK AND FANCHER CREEKS, CALI-
5 FORNIA.—Project for water conservation and water
6 supply, Redbank and Fancher Creeks, California.
7 (6) RIO HONDO CHANNEL, CALIFORNIA.—Project
8 for ecosystem restoration, Rio Hondo Channel, San
9 Gabriel River, California.
10 (7) SOUTHERN CALIFORNIA, CALIFORNIA.—
11 Project for coastal storm damage reduction, Southern
12 California.
13 (8) SHINGLE CREEK AND KISSIMMEE RIVER,
14 FLORIDA.—Project for ecosystem restoration and
15 water storage, Shingle Creek and Kissimmee River,
16 Osceola County, Florida.
17 (9) ST. JOHN’S RIVER AND LAKE JESUP, FLOR-
18 IDA.—Project for ecosystem restoration, St. John’s
19 River and Lake Jesup, Florida.
20 (10) WAIMEA RIVER, HAWAII.—Project for flood
21 risk management, Waimea River, Kauai, Hawaii.
22 (11) CHICAGO AREA WATERWAYS SYSTEM, ILLI-
23 NOIS.—Project for ecosystem restoration, recreation,
24 and other purposes, Illinois River, Chicago River,
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1 River, and other waterways in the vicinity of Chi-
2 cago, Illinois.
3 (12) FOX RIVER, ILLINOIS.—Project for flood risk
4 management, Fox River, Illinois.
5 (13) LOWER MISSOURI RIVER, KANSAS.—Project
6 for bank stabilization and navigation, Lower Mis-
7 souri River, Sioux City, Kansas.
8 (14) TANGIPAHOA PARISH, LOUISIANA.—Project
9 for flood risk management, Tangipahoa Parish, Lou-
10 isiana.
11 (15) KENT NARROWS AND CHESTER RIVER,
12 MARYLAND.—Project for navigation, Kent Narrows
13 and Chester River, Queen Anne’s County, Maryland.
14 (16) BOSTON, MASSACHUSETTS.—Project for
15 hurricane and storm damage risk reduction, Boston,
16 Massachusetts, pursuant to the comprehensive study
17 authorized under the Disaster Relief Appropriations
18 Act, 2013 (Public Law 113–2).
19 (17) LOWER ST. CROIX RIVER, MINNESOTA.—
20 Project for flood risk management, ecosystem restora-
21 tion, and recreation, Lower St. Croix River, Min-
22 nesota.
23 (18) ESCATAWPA RIVER BASIN, MISSISSIPPI.—
24 Project for flood risk management and ecosystem res-
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1 toration, Escatawpa River, Jackson County, Mis-
2 sissippi.
3 (19) LONG BEACH, BAY ST. LOUIS AND MIS-
4 SISSIPPI SOUND, MISSISSIPPI.—Project for hurricane
5 and storm damage risk reduction and flood risk man-
6 agement, Long Beach, Bay St. Louis and Mississippi
7 Sound, Mississippi.
8 (20) PASCAGOULA RIVER BASIN, MISSISSIPPI.—
9 Project for comprehensive watershed study,
10 Pascagoula, Mississippi.
11 (21) TALLAHOMA AND TALLAHALA CREEKS, MIS-
12 SISSIPPI.—Project for flood risk management, Leaf
13 River, Jones County, Mississippi.
14 (22) LOWER OSAGE RIVER BASIN, MISSOURI.—
15 Project for ecosystem restoration, Lower Osage River
16 Basin, Missouri.
17 (23) UPPER BASIN AND STONY BROOK (GREEN
18 BROOK SUB-BASIN), RARITAN RIVER BASIN, NEW JER-
19 SEY.—Reevaluation of the Upper Basin and Stony
20 Brook portions of the project for flood control, Green
21 Brook Sub-basin, Raritan River Basin, New Jersey,
22 authorized by section 401 of the Water Resources De-
23 velopment Act of 1986 (100 Stat. 4119), including the
24 evaluation of nonstructural measures to achieve the
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1 (24) LAKE ONTARIO SHORELINE, NEW YORK.—
2 Project for coastal storm resiliency, Lake Ontario
3 shoreline, New York.
4 (25) WADING RIVER CREEK, NEW YORK.—Project
5 for hurricane and storm damage risk reduction, flood
6 risk management, navigation, and ecosystem restora-
7 tion, Wading River Creek, New York.
8 (26) REEL POINT PRESERVE, NEW YORK.—
9 Project for navigation and shoreline stabilization,
10 Reel Point Preserve, New York.
11 (27) GOLDSMITH INLET, NEW YORK.—Project for
12 navigation, Goldsmith Inlet, New York.
13 (28) TUSCARAWAS RIVER BASIN, OHIO.—Project
14 for comprehensive watershed study, Tuscarawas River
15 Basin, Ohio.
16 (29) LOWER COLUMBIA RIVER BASIN (TURNING
17 BASIN), OREGON AND WASHINGTON.—Project to im-
18 prove turning basins for the project for navigation,
19 Columbia River Channel, Oregon and Washington,
20 authorized by section 101(b)(13) of the Water Re-
21 sources Development Act of 1999 (113 Stat. 280).
22 (30) WILLIAMSPORT, PENNSYLVANIA.—Project
23 for flood risk management and levee rehabilitation,
24 greater Williamsport, Pennsylvania.
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1 (31) CITY OF CHARLESTON, SOUTH CAROLINA.—
2 Project for tidal- and inland-related flood risk man-
3 agement, Charleston, South Carolina.
4 (32) TENNESSEE AND CUMBERLAND RIVER BA-
5 SINS, TENNESSEE.—Project to deter, impede, or re-
6 strict the dispersal of aquatic nuisance species in the
7 Tennessee and Cumberland River Basins, Tennessee.
8 (33) SABINE PASS TO GALVESTON BAY, TEXAS.—
9 Modification of the project for hurricane and storm
10 damage risk reduction, Port Arthur and Orange
11 County, Texas, authorized by section 203 of the Flood
12 Control Act of 1962 (76 Stat. 1184), and authorized
13 as a separable element of the project for Sabine Pass
14 to Galveston Bay, authorized by item 3 of section
15 1401(3) of the Water Resources Development Act of
16 2018 (132 Stat. 3838), to reduce the risk of flooding
17 through the construction of improvements to interior
18 drainage.
19 (34) PORT OF VICTORIA, TEXAS.—Project for
20 flood risk management, Port of Victoria, Texas.
21 (35) LOWER FOX RIVER BASIN, WISCONSIN.—
22 Project for comprehensive watershed study, Lower Fox
23 River Basin, Wisconsin.
24 (36) UPPER FOX RIVER AND WOLF RIVER, WIS-
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1 system restoration, Upper Fox River and Wolf River,
2 Wisconsin.
3 (b) SPECIAL RULE.—The Secretary shall consider any
4 study carried out by the Secretary to formulate the modi-
5 fications to the project for hurricane and storm damage risk
6 reduction, Port Arthur and Orange County, Texas, identi-
7 fied in subsection (a)(33) to be a continuation of the study
8 carried out for Sabine Pass to Galveston Bay, Texas, au-
9 thorized by a resolution of the Committee on Environment
10 and Public Works of the Senate, approved June 23, 2004,
11 and funded by title IV of division B of the Bipartisan
12 Budget Act of 2018, under the heading ‘‘Corps of Engi-
13 neers—Civil—Department of the Army—Construction’’
14 (Public Law 115–123; 132 Stat. 76).
15 SEC. 202. EXPEDITED COMPLETIONS.
16 (a) FEASIBILITY REPORTS.—The Secretary shall expe-
17 dite the completion of a feasibility study for each of the
18 following projects, and if the Secretary determines that the
19 project is justified in a completed report, may proceed di-
20 rectly to preconstruction planning, engineering, and design
21 of the project:
22 (1) Project for navigation, St. George Harbor,
23 Alaska.
24 (2) Project for shoreline stabilization, Aunu‘u
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1 (3) Project for shoreline stabilization, Tutuila Is-
2 land, American Samoa.
3 (4) Project for flood risk management, Lower
4 Santa Cruz River, Arizona.
5 (5) Project for flood control, water conservation,
6 and related purposes, Coyote Valley Dam, California.
7 (6) Project for flood damage reduction and eco-
8 system restoration, Del Rosa Channel, city of San
9 Bernardino, California.
10 (7) Project for flood risk management, Lower
11 Cache Creek, California.
12 (8) Project for flood damage reduction and eco-
13 system restoration, Mission-Zanja Channel, cities of
14 San Bernardino and Redlands, California.
15 (9) Project for shoreline protection, Oceanside,
16 California, authorized pursuant to section 414 of the
17 Water Resources Development Act of 2000 (114 Stat.
18 2636; 121 Stat. 1176).
19 (10) Project for flood risk management, Prado
20 Basin, California.
21 (11) Project to modify the project for navigation,
22 San Francisco Bay to Stockton, California.
23 (12) Project to modify the Seven Oaks Dam,
24 California, portion of the project for flood control,
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1 by section 401(a) of the Water Resources Development
2 Act of 1986 (100 Stat. 4113; 101 Stat. 1329–111; 104
3 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to in-
4 clude water conservation as an authorized purpose.
5 (13) Project to modify the project for navigation,
6 Delaware River Mainstem and Channel Deepening,
7 Delaware, New Jersey, and Pennsylvania, authorized
8 by section 101(6) of the Water Resources Development
9 Act of 1992 (106 Stat. 4802; 113 Stat. 300; 114 Stat.
10 2602), to include the construction of a turning basin
11 located near the Packer Avenue Marine Terminal.
12 (14) Project for ecosystem restoration, Central
13 and Southern Florida Project Canal 111 (C–111),
14 South Dade County, Florida.
15 (15) Project for comprehensive hurricane and
16 storm damage risk reduction and shoreline erosion
17 protection, Chicago, Illinois, authorized by section
18 101(a)(12) of the Water Resources Development Act of
19 1996 (110 Stat. 3664; 113 Stat. 302).
20 (16) Project for flood risk management, Wheaton,
21 DuPage County, Illinois.
22 (17) Project for flood damage reduction, eco-
23 system restoration, and recreation, Blue River Basin,
24 Kansas City, Kansas, carried out pursuant to the res-
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1 frastructure of the House of Representatives adopted
2 on September 24, 2008 (docket number 2803).
3 (18) Project for flood control, Amite River and
4 Tributaries east of the Mississippi River, Louisiana.
5 (19) Project for coastal storm risk management,
6 Upper Barataria Basin, Louisiana.
7 (20) Project to replace the Bourne and Sagamore
8 Bridges, Cape Cod, Massachusetts.
9 (21) Project to deepen the project for navigation,
10 Gulfport Harbor, Mississippi, authorized by section
11 202(a) of the Water Resources Development Act of
12 1986 (100 Stat. 4094).
13 (22) Project for flood risk management, Rahway
14 River Basin, New Jersey.
15 (23) Project for hurricane and storm damage
16 risk reduction, Raritan Bay and Sandy Hook Bay,
17 Highlands, New Jersey.
18 (24) Project for navigation, Shark River, New
19 Jersey.
20 (25) Project for flood risk management, Rondout
21 Creek-Wallkill River Watershed, New York, carried
22 out pursuant to the resolution of the Committee on
23 Transportation and Infrastructure of the House of
24 Representatives adopted on May 2, 2007 (docket num-
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1 (26) Project for ecosystem restoration and hurri-
2 cane and storm damage risk reduction, Spring Creek
3 South (Howard Beach), Queens, New York.
4 (27) Project to resolve increased silting and
5 shoaling adjacent to the Federal channel, Port of
6 Bandon, Coquille River, Oregon.
7 (28) Project for flood control, 42nd Street Levee,
8 Springfield, Oregon, being carried out under section
9 205 of the Flood Control Act of 1948 (33 U.S.C.
10 701s).
11 (29) Project for ecosystem restoration, Hood
12 River at the confluence with the Columbia River, Or-
13 egon.
14 (30) Project for flood risk management, Rio
15 Culebrinas, Puerto Rico.
16 (31) Project for flood risk management, Rio
17 Grande de Manati, Puerto Rico.
18 (32) Project for flood risk management, Rio
19 Guayanilla, Puerto Rico.
20 (33) Project for flood risk management, Dor-
21 chester County, South Carolina.
22 (34) Project for navigation, Georgetown Harbor,
23 South Carolina.
24 (35) Project for hurricane and storm damage
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1 (36) Project to modify the projects for navigation
2 and other purposes, Old Hickory Lock and Dam and
3 the Cordell Hull Dam and Reservoir, Cumberland
4 River, Tennessee, authorized by the Act of July 24,
5 1946 (chapter 595, 60 Stat. 636), to add flood risk
6 management as an authorized purpose.
7 (37) Project for flood risk management, eco-
8 system restoration, water supply, and related pur-
9 poses, Lower Rio Grande River, Cameron County,
10 Texas, carried out pursuant to the resolution of the
11 Committee on Transportation and Infrastructure of
12 the House of Representatives adopted on May 21,
13 2003 (docket number 2710).
14 (38) Project for hurricane and storm damage
15 risk reduction and shoreline erosion protection,
16 Bolongo Bay, St. Thomas, United States Virgin Is-
17 lands.
18 (39) Project for flood risk management, Savan
19 Gut Phase II, St. Thomas, United States Virgin Is-
20 lands.
21 (40) Project for flood risk management, Turpen-
22 tine Run, St. Thomas, United States Virgin Islands.
23 (41) Project for navigation, North Landing
24 Bridge, Atlantic Intracoastal Waterway, Virginia.
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1 (b) POST-AUTHORIZATION CHANGE REPORTS.—The
2 Secretary shall expedite completion of a post-authorization
3 change report for the following projects:
4 (1) Project for ecosystem restoration, Tres Rios,
5 Arizona.
6 (2) Project for flood control, San Luis Rey
7 River, California.
8 (3) Project for ecosystem restoration, Central and
9 Southern Florida Project Canal 111 (C–111), South
10 Dade County, Florida.
11 (4) Project for ecosystem restoration, Comprehen-
12 sive Everglades Restoration Plan, Caloosahatchee
13 River C–43, West Basin Storage Reservoir, Florida.
14 (5) Project for flood risk management, Des
15 Moines Levee System, including Birdland Park Levee,
16 Des Moines and Raccoon Rivers, Des Moines, Iowa.
17 (c) WATERSHED AND RIVER BASIN ASSESSMENTS.—
18 The Secretary shall expedite the completion of an assess-
19 ment under section 729 of the Water Resources Development
20 Act of 1986 (33 U.S.C. 2267a), for the following:
21 (1) Kansas River Basin, Kansas.
22 (2) Merrimack River Basin, Massachusetts.
23 (d) DISPOSITION STUDY.—The Secretary shall expe-
24 dite the completion of a disposition study, carried out under
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25 section 216 of the Flood Control Act of 1970 (33 U.S.C.
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1 549a), for the project for Salinas Reservoir (Santa Mar-
2 garita Lake), California.
3 SEC. 203. FEASIBILITY STUDY MODIFICATIONS.
4 (a) SAN FRANCISCO BAY, CALIFORNIA.—Section 142
5 of the Water Resources Development Act of 1976 (90 Stat.
6 2930) is amended—
7 (1) by inserting ‘‘, and along the ocean shoreline
8 of San Mateo, San Francisco, and Marin Counties,’’
9 after ‘‘Sacramento and San Joaquin Rivers’’;
10 (2) by inserting ‘‘and, with respect to the bay
11 and ocean shorelines of San Mateo, San Francisco,
12 and Marin Counties, the feasibility of and the Federal
13 interest in providing measures to adapt to rising sea
14 levels’’ after ‘‘tidal and fluvial flooding’’;
15 (3) by striking ‘‘investigation’’ and inserting in
16 its place ‘‘investigations’’; and
17 (4) by inserting after ‘‘San Francisco Bay re-
18 gion’’ the following: ‘‘and, with respect to the bay and
19 ocean shorelines and streams running to the bay and
20 ocean shorelines of San Mateo, San Francisco, and
21 Marin Counties, the effects of proposed measures or
22 improvements on the local economy; habitat restora-
23 tion, enhancement, or expansion efforts or opportuni-
24 ties; public infrastructure protection and improve-
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1 ures, including those that may mitigate flooding; ero-
2 sion of beaches and coasts; and any other measures or
3 improvements relevant to adapting to rising sea lev-
4 els’’.
5 (b) SACRAMENTO RIVER, SOUTHERN SUTTER COUNTY,
6 CALIFORNIA.—The study for flood control and allied pur-
7 poses for the Sacramento River Basin, authorized by section
8 209 of the Flood Control Act of 1962 (76 Stat. 1197), is
9 modified to authorize the Secretary to conduct a study for
10 flood risk management, southern Sutter County between the
11 Sacramento River and Sutter Bypass, California.
12 (c) SALTON SEA, CALIFORNIA.—In carrying out the
13 program to implement projects to restore the Salton Sea,
14 California, authorized by section 3032 of the Water Re-
15 sources Development Act of 2007 (121 Stat. 1113; 130 Stat.
16 1677), the Secretary is authorized to carry out a study for
17 the construction of a perimeter lake, or a northern or south-
18 ern subset thereof, for the Salton Sea, California.
19 (d) NEW YORK AND NEW JERSEY HARBOR AND TRIB-
20 UTARIES, NEW YORK AND NEW JERSEY.—The study for
21 flood and storm damage reduction for the New York and
22 New Jersey Harbor and Tributaries project, authorized by
23 the Act of June 15, 1955 (chapter 140, 69 Stat. 132), and
24 being carried out pursuant to the Disaster Relief Appro-
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1 priations Act, 2013 (Public Law 113–2), is modified to re-
2 quire the Secretary to—
3 (1) evaluate and address the impacts of low-fre-
4 quency precipitation and sea-level rise on the study
5 area;
6 (2) consult with affected communities; and
7 (3) ensure the study is carried out in accordance
8 with section 1001 of the Water Resources Reform and
9 Development Act of 2014 (33 U.S.C. 2282c).
10 SEC. 204. SELMA, ALABAMA.
11 Not later than 180 days after the date of enactment
12 of this Act, the Secretary shall submit to the Committee on
13 Transportation and Infrastructure of the House of Rep-
14 resentatives and the Committee on Environment and Public
15 Works of the Senate a report that—
16 (1) provides an update on the study for flood
17 risk management and riverbank stabilization, Selma,
18 Alabama, authorized by resolutions of the Committees
19 on Public Works and Rivers and Harbors of the
20 House of Representatives on June 7, 1961, and April
21 28, 1936, respectively, the completion of which the
22 Secretary was required to expedite by section 1203 of
23 the Water Resources Development Act of 2018 (132
24 Stat. 3803); and
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1 (A) assure the preservation of cultural and
2 historic values associated with national historic
3 landmarks within the study area; and
4 (B) provide flood risk management for eco-
5 nomically disadvantaged communities within the
6 study area.
7 SEC. 205. COMPREHENSIVE STUDY OF THE SACRAMENTO
8 RIVER, YOLO BYPASS, CALIFORNIA.
9 (a) COMPREHENSIVE STUDY.—The Secretary shall
10 conduct a comprehensive study of the Sacramento River in
11 the vicinity of the Yolo Bypass System, California, to iden-
12 tify actions to be undertaken by the Secretary for the com-
13 prehensive management of the Yolo Bypass System for the
14 purposes of flood risk management, ecosystem restoration,
15 water supply, hydropower, and recreation.
16 (b) CONSULTATION AND USE OF EXISTING DATA.—
17 (1) CONSULTATION.—In conducting the com-
18 prehensive study under subsection (a), the Secretary
19 shall consult with the Governor of the State of Cali-
20 fornia, applicable Federal, State, and local agencies,
21 non-Federal interests, the Yolo Bypass and Cache
22 Slough Partnership, and other stakeholders.
23 (2) USE OF EXISTING DATA AND PRIOR STUD-
24 IES.—To the maximum extent practicable and where
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1 (A) make use of existing data provided to
2 the Secretary by the entities identified in para-
3 graph (1); and
4 (B) incorporate—
5 (i) relevant information from prior
6 studies and projects carried out by the Sec-
7 retary within the study area; and
8 (ii) the latest technical data and sci-
9 entific approaches to changing hydrologic
10 and climatic conditions.
11 (c) RECOMMENDATIONS.—
12 (1) IN GENERAL.—In conducting the comprehen-
13 sive study under subsection (a), the Secretary may de-
14 velop a recommendation to Congress for—
15 (A) the construction of a water resources de-
16 velopment project;
17 (B) the structural or operational modifica-
18 tion of an existing water resources development
19 project;
20 (C) additional monitoring of, or adaptive
21 management measures to carry out with respect
22 to, existing water resources development projects,
23 to respond to changing hydrologic and climatic
24 conditions; or
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1 (D) geographic areas within the Yolo By-
2 pass System for additional study by the Sec-
3 retary.
4 (2) ADDITIONAL CONSIDERATIONS.—Any feasi-
5 bility study carried out pursuant to a recommenda-
6 tion under paragraph (1)(D) shall be considered to be
7 a continuation of the comprehensive study authorized
8 under subsection (a).
9 (d) COMPLETION OF STUDY; REPORT TO CONGRESS.—
10 Not later than 3 years after the date of enactment of this
11 section, the Secretary shall submit to the Committee on
12 Transportation and Infrastructure of the House of Rep-
13 resentatives and the Committee on Environment and Public
14 Works of the Senate a report detailing—
15 (1) the results of the comprehensive study con-
16 ducted under subsection (a), including any rec-
17 ommendations developed under subsection (c);
18 (2) any additional, site-specific areas within the
19 Yolo Bypass System where additional study for flood
20 risk management or ecosystem restoration projects is
21 recommended by the Secretary; and
22 (3) any interim actions relating to existing
23 water resources development projects undertaken by
24 the Secretary during the study period.
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25 (e) DEFINITIONS.—In this section:
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1 (1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo By-
2 pass System’’ means the system of weirs, levees, by-
3 pass structures, and other water resources develop-
4 ment projects in California’s Sacramento River Val-
5 ley, extending from the Fremont Weir near Woodland,
6 California, to the Sacramento River near Rio Vista,
7 California, authorized pursuant to section 2 of the
8 Act of March 1, 1917 (chapter 144; 39 Stat. 949).
9 (2) YOLO BYPASS AND CACHE CLOUGH PARTNER-
10 SHIP.—The term ‘‘Yolo Bypass and Cache Slough
11 Partnership’’ means the group of parties to the Yolo
12 Bypass and Cache Slough Memorandum of Under-
13 standing, effective May 2016, regarding collaboration
14 and cooperation in the Yolo Bypass and Cache Slough
15 region.
16 SEC. 206. LAKE OKEECHOBEE REGULATION SCHEDULE,
17 FLORIDA.
18 (a) IN GENERAL.—In carrying out the review of the
19 Lake Okeechobee regulation schedule pursuant to section
20 1106 of the Water Resources Development Act of 2018 (132
21 Stat. 3773), the Secretary shall—
22 (1) evaluate the implications of prohibiting re-
23 leases from Lake Okeechobee through the S–308 and
24 S–80 lock and dam structures on the operation of the
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25 lake in accordance with authorized purposes and seek
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1 to minimize unnecessary releases to coastal estuaries;
2 and
3 (2) to the maximum extent practicable, coordi-
4 nate with the ongoing efforts of Federal and State
5 agencies responsible for monitoring, forecasting, and
6 notification of cyanobacteria levels in Lake Okee-
7 chobee.
8 (b) MONTHLY REPORT.—Each month, the Secretary
9 shall make public a report, which may be based on the
10 Water Management Daily Operational Reports, disclosing
11 the volumes of water deliveries to or discharges from Lake
12 Okeechobee & Vicinity, Water Conservation Area I, Water
13 Conservation Area II, Water Conservation Area III, East
14 Coast Canals, and the South Dade Conveyance. Such report
15 shall be aggregated and reported in a format designed for
16 the general public, using maps or other widely understood
17 communication tools.
18 (c) EFFECT.—In carrying out the evaluation under
19 subsection (a)(1), nothing shall be construed to authorize
20 any new purpose for the management of Lake Okeechobee
21 or authorize the Secretary to affect any existing authorized
22 purpose, including flood protection and management of
23 Lake Okeechobee to provide water supply for all authorized
24 users.
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1 SEC. 207. GREAT LAKES COASTAL RESILIENCY STUDY.
2 (a) IN GENERAL.—In carrying out the comprehensive
3 assessment of water resources needs for the Great Lakes Sys-
4 tem under section 729 of the Water Resources Development
5 Act of 1986 (33 U.S.C. 2267a), as required by section 1219
6 of the Water Resources Development Act of 2018 (132 Stat.
7 3811), the Secretary shall—
8 (1) taking into account recent high lake levels
9 within the Great Lakes, assess and make rec-
10 ommendations to Congress on—
11 (A) coastal storm and flood risk manage-
12 ment measures, including measures that use nat-
13 ural features and nature-based features, as those
14 terms are defined in section 1184 of the Water
15 Resources Development Act of 2016 (33 U.S.C.
16 2289a);
17 (B) operation and maintenance of the Great
18 Lakes Navigation System, as such term is de-
19 fined in section 210 of the Water Resources De-
20 velopment Act of 1986 (33 U.S.C. 2238);
21 (C) ecosystem protection and restoration;
22 (D) the prevention and control of invasive
23 species and the effects of invasive species; and
24 (E) recreation associated with water re-
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1 (2) prioritize actions necessary to protect critical
2 public infrastructure, communities, and critical nat-
3 ural or cultural resources; and
4 (3) to the maximum extent practicable and
5 where appropriate, utilize existing data provided to
6 the Secretary by Federal and State agencies, Indian
7 Tribes, and other stakeholders, including data ob-
8 tained through other Federal programs.
9 (b) RECOMMENDATIONS; ADDITIONAL STUDY.—
10 (1) IN GENERAL.—In carrying out the com-
11 prehensive assessment described in subsection (a), the
12 Secretary may make a recommendation to Congress
13 for—
14 (A) the construction of a water resources de-
15 velopment project;
16 (B) the structural or operational modifica-
17 tion of an existing water resources development
18 project;
19 (C) such additional monitoring of, or
20 adaptive management measures to carry out
21 with respect to, existing water resources develop-
22 ment projects, to respond to changing hydrologic
23 and climatic conditions; or
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1 (D) geographic areas within the Great
2 Lakes System for additional study by the Sec-
3 retary.
4 (2) ADDITIONAL CONSIDERATIONS.—Any feasi-
5 bility study carried out pursuant to a recommenda-
6 tion under paragraph (1)(D) shall be considered to be
7 a continuation of the comprehensive assessment de-
8 scribed in subsection (a).
9 (c) EXEMPTION FROM MAXIMUM STUDY COST AND
10 DURATION LIMITATIONS.—Section 1001 of the Water Re-
11 sources Reform and Development Act of 2014 (33 U.S.C.
12 2282c) shall not apply to any study recommended under
13 subsection (b)(1)(D).
14 SEC. 208. RATHBUN LAKE, CHARITON RIVER, IOWA.
15 Not later than 1 year after the date of enactment of
16 this Act, the Secretary shall submit to the Committee on
17 Transportation and Infrastructure of the House of Rep-
18 resentatives and the Committee on Environment and Public
19 Works of the Senate a report that evaluates—
20 (1) the existing allocations of storage space for
21 Rathbun Lake, authorized pursuant to the Flood Con-
22 trol Act of 1954 (68 Stat. 1262; 121 Stat. 1124), in-
23 cluding the existing allocation for municipal water
24 supply;
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1 (2) the feasibility of expanding the existing allo-
2 cation of storage for municipal water supply; and
3 (3) the affordability of future municipal water
4 supply allocations from Rathbun Lake, for residential
5 users of such future allocations, at projected future
6 costs.
7 SEC. 209. REPORT ON THE STATUS OF RESTORATION IN
8 THE LOUISIANA COASTAL AREA.
9 Not later than 1 year after the date of enactment of
10 this Act, the Coastal Louisiana Ecosystem Protection and
11 Restoration Task Force established by section 7004 of Water
12 Resources Development Act of 2007 (121 Stat. 1272) shall
13 submit to Congress a report that summarizes the activities
14 and recommendations of the task force, including—
15 (1) policies, strategies, plans, programs, projects,
16 and activities undertaken for addressing conservation,
17 protection, restoration, and maintenance of the coast-
18 al Louisiana ecosystem; and
19 (2) financial participation by each agency rep-
20 resented on the Task Force in conserving, protecting,
21 restoring, and maintaining the coastal Louisiana eco-
22 system.
23 SEC. 210. LOWER MISSISSIPPI RIVER COMPREHENSIVE
24
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STUDY.
25 (a) COMPREHENSIVE STUDY.—
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1 (1) IN GENERAL.—The Secretary shall conduct a
2 comprehensive study of the Lower Mississippi River
3 basin, from Cape Girardeau, Missouri, to the Gulf of
4 Mexico, to identify actions to be undertaken by the
5 Secretary for the comprehensive management of the
6 basin for the purposes of flood risk management,
7 navigation, ecosystem restoration, water supply, hy-
8 dropower, and recreation.
9 (2) FOCUS AREAS.—In conducting the com-
10 prehensive study under paragraph (1), the Secretary
11 shall investigate projects, including—
12 (A) projects proposed in the comprehensive
13 coastal protection master plan entitled ‘‘Lou-
14 isiana Comprehensive Master Plan for a Sus-
15 tainable Coast’’ prepared by the State of Lou-
16 isiana and accepted by the Louisiana Coastal
17 Protection and Restoration Authority (including
18 any subsequent amendments or revisions), in-
19 cluding—
20 (i) Ama sediment diversion;
21 (ii) Union freshwater diversion;
22 (iii) increase Atchafalaya flow to
23 Terrebonne; and
24 (iv) Manchac Landbridge diversion;
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1 (B) natural features and nature-based fea-
2 tures, including levee setbacks and instream and
3 floodplain restoration.
4 (b) CONSULTATION AND USE OF EXISTING DATA.—In
5 conducting the comprehensive study under subsection (a),
6 the Secretary shall consult with applicable Federal, State,
7 and local agencies, Indian Tribes, non-Federal interests,
8 and other stakeholders, and, to the maximum extent prac-
9 ticable and where appropriate, make use of existing data
10 provided to the Secretary by such parties.
11 (c) RECOMMENDATIONS.—
12 (1) IN GENERAL.—In conducting the comprehen-
13 sive study under subsection (a), the Secretary may de-
14 velop a recommendation to Congress for—
15 (A) the construction of a water resources de-
16 velopment project;
17 (B) the structural or operational modifica-
18 tion of an existing water resources development
19 project;
20 (C) such additional monitoring of, or
21 adaptive management measures to carry out
22 with respect to, existing water resources develop-
23 ment projects, to respond to changing conditions;
24 or
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1 (D) geographic areas within the Lower Mis-
2 sissippi River basin for additional study by the
3 Secretary.
4 (2) ADDITIONAL CONSIDERATIONS.—Any feasi-
5 bility study carried out pursuant to a recommenda-
6 tion under this subsection shall be considered to be a
7 continuation of the comprehensive study required
8 under subsection (a).
9 (d) COMPLETION OF STUDY; REPORT TO CONGRESS.—
10 Not later than 3 years after the date of enactment of this
11 section, the Secretary shall submit to the Committee on
12 Transportation and Infrastructure of the House of Rep-
13 resentatives and the Committee on Environment and Public
14 Works of the Senate a report detailing—
15 (1) the results of the comprehensive study re-
16 quired by this section, including any recommenda-
17 tions developed under subsection (c); and
18 (2) any interim actions relating to existing
19 water resources development projects undertaken by
20 the Secretary during the study period.
21 SEC. 211. UPPER MISSISSIPPI RIVER COMPREHENSIVE
22 PLAN.
23 (a) ASSESSMENT.—The Secretary shall conduct an as-
24 sessment of the water resources needs of the Upper Mis-
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1 sissippi River under section 729 of the Water Resources De-
2 velopment Act of 1986 (33 U.S.C. 2267a).
3 (b) REQUIREMENTS.—The Secretary shall carry out
4 the assessment under subsection (a) in accordance with the
5 requirements in section 1206(b) of Water Resources Devel-
6 opment Act of 2016 (130 Stat. 1686).
7 SEC. 212. LOWER MISSOURI BASIN FLOOD RISK AND RESIL-
8 IENCY STUDY, IOWA, KANSAS, NEBRASKA,
9 AND MISSOURI.
10 (a) ADDITIONAL STUDIES.—
11 (1) IN GENERAL.—Except as provided in para-
12 graph (2), upon the request of the non-Federal inter-
13 est for the Lower Missouri Basin study, the Secretary
14 shall expand the scope of such study to investigate
15 and provide recommendations relating to—
16 (A) modifications to projects in Iowa, Kan-
17 sas, Nebraska, and Missouri authorized under
18 the Pick-Sloan Missouri River Basin Program
19 (authorized by section 9(b) of the Flood Control
20 Act of December 22, 1944 (chapter 665, 58 Stat.
21 891)) and the Missouri River Bank Stabilization
22 and Navigation project (authorized by section 2
23 of the Act of March 2, 1945 (chapter 19, 59 Stat.
24 19)), including modifications to the authorized
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1 purposes of such projects to further flood risk
2 management and resiliency; and
3 (B) modifications to non-Federal, publicly
4 owned levees in the Lower Missouri River Basin.
5 (2) EXCEPTION.—If the Secretary determines
6 that expanding the scope of the Lower Missouri Basin
7 study as provided in paragraph (1) is not prac-
8 ticable, and the non-Federal interest for such study
9 concurs in such determination, the Secretary shall
10 carry out such additional studies as are necessary to
11 investigate the modifications described in paragraph
12 (1).
13 (3) CONTINUATION OF LOWER MISSOURI BASIN
14 STUDY.—The following studies shall be considered a
15 continuation of the Lower Missouri Basin study:
16 (A) Any additional study carried out under
17 paragraph (2).
18 (B) Any study recommended to be carried
19 out in a report that the Chief of Engineers pre-
20 pares for the Lower Missouri Basin study.
21 (C) Any study recommended to be carried
22 out in a report that the Chief of Engineers pre-
23 pares for an additional study carried out under
24 paragraph (2).
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1 (D) Any study spun off from the Lower
2 Missouri Basin study before the completion of
3 such study.
4 (E) Any study spun off from an additional
5 study carried out under paragraph (2) before the
6 completion of such additional study.
7 (4) RELIANCE ON EXISTING INFORMATION.—In
8 carrying out any study described in or authorized by
9 this section, the Secretary, to the extent practicable,
10 shall rely on existing data and analysis, including
11 data and analysis prepared under section 22 of the
12 Water Resources Development Act of 1974 (42 U.S.C.
13 1962d–16).
14 (5) CONSIDERATION; CONSULTATION.—In devel-
15 oping recommendations under paragraph (1), the Sec-
16 retary shall—
17 (A) consider the use of—
18 (i) structural and nonstructural meas-
19 ures, including the setting back of levees and
20 removing structures from areas of recurring
21 flood vulnerability, where advantageous, to
22 reduce flood risk and damages in the Lower
23 Missouri River Basin; and
24 (ii) where such features are locally ac-
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1 features (as such terms are defined in sec-
2 tion 1184 of the Water Resources Develop-
3 ment Act of 2016 (33 U.S.C. 2289a); and
4 (B) consult with applicable Federal and
5 State agencies, Indian Tribes, and other stake-
6 holders within the Lower Missouri River Basin
7 and solicit public comment on such recommenda-
8 tions.
9 (6) EXEMPTION FROM MAXIMUM STUDY COST
10 AND DURATION LIMITATIONS.—Section 1001 of the
11 Water Resources Reform and Development Act of
12 2014 (33 U.S.C. 2282c) shall not apply to the Lower
13 Missouri Basin study or any study described in para-
14 graph (3).
15 (7) PRECONSTRUCTION, ENGINEERING, AND DE-
16 SIGN.—Upon completion of a study authorized by this
17 section, if the Secretary determines that a rec-
18 ommended project, or modification to a project de-
19 scribed in paragraph (1), is justified, the Secretary
20 may proceed directly to preconstruction planning, en-
21 gineering, and design of the project or modification.
22 (8) TECHNICAL ASSISTANCE.—
23 (A) IN GENERAL.—For the provision of
24 technical assistance to support small commu-
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1 nities in the planning and design of flood risk
2 management and flood risk resiliency projects in
3 the Lower Missouri River Basin, for each of fis-
4 cal years 2021 through 2026, there are author-
5 ized to be appropriated—
6 (i) $2,000,000 to carry out section 206
7 of the Flood Control Act of 1960 (33 U.S.C.
8 709a), in addition to amounts otherwise au-
9 thorized to carry out such section; and
10 (ii) $2,000,000 to carry out section
11 22(a)(2) of the Water Resources Develop-
12 ment Act of 1974 (42 U.S.C. 1962d–16), in
13 addition to amounts otherwise authorized to
14 carry out such section.
15 (B) CONDITIONS.—
16 (i) LIMITATIONS NOT APPLICABLE.—
17 The limitations on the use of funds in sec-
18 tion 206(d) of the Flood Control Act of 1960
19 and section 22(c)(2) of the Water Resources
20 Development Act of 1974 shall not apply to
21 the amounts authorized to be appropriated
22 by subparagraph (A).
23 (ii) RULE OF CONSTRUCTION.—Noth-
24 ing in this paragraph restricts the author-
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1 wise appropriated to carry out section 206
2 of the Flood Control Act of 1960 or section
3 22(a)(2) of the Water Resources Develop-
4 ment Act of 1974 to provide technical as-
5 sistance described in subparagraph (A).
6 (9) COMPLETION OF STUDY; REPORT TO CON-
7 GRESS.—Not later than 3 years after the date of en-
8 actment of this Act, the Secretary shall submit to the
9 Committee on Transportation and Infrastructure of
10 the House of Representatives and the Committee on
11 Environment and Public Works of the Senate a report
12 detailing—
13 (A) the results of the study authorized by
14 this section;
15 (B) any additional, site-specific areas with-
16 in the Lower Missouri River Basin for which ad-
17 ditional study for flood risk management projects
18 is recommended by the Secretary; and
19 (C) any interim actions relating to existing
20 water resources development projects undertaken
21 by the Secretary during the study period.
22 (b) DEFINITIONS.—In this section:
23 (1) LOWER MISSOURI BASIN STUDY.—The term
24 ‘‘Lower Missouri Basin study’’ means the Lower Mis-
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25 souri Basin Flood Risk and Resiliency Study, Iowa,
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1 Kansas, Nebraska, and Missouri, authorized pursuant
2 to section 216 of the Flood Control Act of 1970 (33
3 U.S.C. 549a).
4 (2) SMALL COMMUNITY.—The term ‘‘small com-
5 munity’’ means a local government that serves a pop-
6 ulation of less than 15,000.
7 SEC. 213. PORTSMOUTH HARBOR AND PISCATAQUA RIVER
8 AND RYE HARBOR, NEW HAMPSHIRE.
9 Not later than 180 days after the date of enactment
10 of this Act, the Secretary shall submit to Congress a written
11 status update regarding—
12 (1) efforts to address the impacts of shoaling af-
13 fecting the project for navigation, Rye Harbor, New
14 Hampshire, authorized by section 101 of the River
15 and Harbor Act of 1960 (74 Stat. 480); and
16 (2) the project for navigation, Portsmouth Har-
17 bor and Piscataqua River, authorized by section 101
18 of the River and Harbor Act of 1962 (76 Stat. 1173),
19 as required to be expedited under section 1317 of the
20 Water Resources Development Act of 2018 (Public
21 Law 115–270).
22 SEC. 214. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER
23 BASIN, OREGON.
24 (a) REPORT.—Not later than 2 years after the date
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1 Committee on Transportation and Infrastructure of the
2 House of Representatives and the Committee on Environ-
3 ment and Public Works of the Senate, and make publicly
4 available, a report providing an initial analysis of
5 deauthorizing hydropower as a project purpose at the Cou-
6 gar and Detroit Dams project.
7 (b) CONTENTS.—The Secretary shall include in the re-
8 port submitted under subsection (a)—
9 (1) a description of the potential effects of
10 deauthorizing hydropower as a project purpose at the
11 Cougar and Detroit Dams project on—
12 (A) the operation of the project, including
13 with respect to the other authorized purposes of
14 the project;
15 (B) compliance of the project with the En-
16 dangered Species Act;
17 (C) costs that would be attributed to other
18 authorized purposes of the project, including
19 costs relating to compliance with such Act; and
20 (D) other ongoing studies in the Willamette
21 River Basin; and
22 (2) identification of any further research needed.
23 (c) PROJECT DEFINED.—In this section, the terms
24 ‘‘Cougar and Detroit Dams project’’ and ‘‘project’’ mean
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1 and Reservoir project, Willamette River Basin, Oregon, au-
2 thorized by section 204 of the Flood Control Act of 1950
3 (64 Stat. 179).
4 SEC. 215. PORT ORFORD, OREGON.
5 Not later than 180 days after the date of enactment
6 of this Act, the Secretary shall, at Federal expense, submit
7 to the Committee on Transportation and Infrastructure of
8 the House of Representatives and the Committee on Envi-
9 ronment and Public Works of the Senate a summary report
10 on the research completed and data gathered by the date
11 of enactment of this Act with regards to the configuration
12 of a breakwater for the project for navigation, Port Orford,
13 Oregon, authorized by section 117 of the River and Harbor
14 Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the pur-
15 poses of addressing shoaling issues to minimize long-term
16 maintenance costs.
17 SEC. 216. WILSON CREEK AND SLOAN CREEK, FAIRVIEW,
18 TEXAS.
19 Not later than 180 days after the date of enactment
20 of this section, the Secretary shall submit to Congress a
21 written status update regarding efforts to address flooding
22 along Wilson Creek and Sloan Creek in the City of Fair-
23 view, Texas.
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1 SEC. 217. GAO STUDY ON MITIGATION FOR WATER RE-
2 SOURCES DEVELOPMENT PROJECTS.
3 Not later than 18 months after the date of enactment
4 of this Act, the Comptroller General of the United States
5 shall—
6 (1) conduct a study on the mitigation of the im-
7 pact of water resources development projects, includ-
8 ing the impact on fish and wildlife, consistent with
9 the requirements of section 906 of the Water Resources
10 Development Act of 1986 (33 U.S.C. 2283), section
11 307(a) of the Water Resources Development Act of
12 1990 (33 U.S.C. 2317(a)), and section 2036(b) of the
13 Water Resources Development Act of 2007 (33 U.S.C.
14 2283a), including—
15 (A) an evaluation of guidance or instruc-
16 tions issued, and other measures taken, by the
17 Secretary to ensure successful mitigation of such
18 impacts;
19 (B) a review of the methods of mitigation,
20 including the use of in-lieu fees, mitigation
21 banking, and permittee-responsible mitigation,
22 and their long-term effectiveness of restoring or
23 mitigating ecosystem services impacted by such
24 projects;
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1 (C) a review of how the use of the different
2 mitigation methods for such projects varies
3 across Corps of Engineers districts;
4 (D) an assessment of the backlog of mitiga-
5 tion projects, including the number of mitigation
6 projects pending completion to address such im-
7 pacts resulting from constructed water resources
8 development projects;
9 (E) an evaluation of how the Secretary
10 tracks compliance with the mitigation require-
11 ments across Corps of Engineers districts;
12 (F) a review of how the mitigation require-
13 ments for water resources development projects
14 contributes to the resilience of water resources in
15 the United States;
16 (G) an assessment of whether mitigation is
17 being done prior to or contemporaneously with
18 the construction of projects, as required by sec-
19 tion 906 of the Water Resources Development Act
20 of 1986 (33 U.S.C. 2283);
21 (H) an evaluation of compliance with sec-
22 tion 906(d) of the Water Resources Development
23 Act of 1986 (33 U.S.C. 2283(d)) for the develop-
24 ment of specific mitigation plans for projects,
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1 the designated impacts of the projects, and, in
2 instances where such plans were not successful,
3 what actions the Secretary is taking to modify
4 the plans such that they will be successful; and
5 (I) an assessment of how the Secretary
6 might take advantage of natural infrastructure
7 in mitigation planning to reduce flood risks and
8 flood recovery costs for some communities; and
9 (2) submit to Congress a report that—
10 (A) describes the results of the study con-
11 ducted under paragraph (1);
12 (B) includes recommendations to ensure
13 compliance with and successful implementation
14 of mitigation requirements for water resources
15 development projects; and
16 (C) includes recommendations to ensure ex-
17 isting programs and authorities include the use,
18 to the maximum extent practicable, of natural
19 infrastructure.
20 SEC. 218. GAO STUDY ON APPLICATION OF HARBOR MAIN-
21 TENANCE TRUST FUND EXPENDITURES.
22 (a) STUDY.—Not later than 18 months after the date
23 of enactment of this Act, the Comptroller General of the
24 United States shall conduct a study of the operation and
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1 maintenance needs of federally authorized harbor and in-
2 land harbor projects, including—
3 (1) an inventory of all federally authorized har-
4 bor and inland harbor projects;
5 (2) an assessment of current uses of such projects
6 (and, to the extent practicable, the national, regional,
7 and local benefits of such uses), including the uses
8 listed in section 210(d)(2)(B) of the Water Resources
9 Development Act of 1986;
10 (3) an assessment of the annual operation and
11 maintenance needs associated with harbors and in-
12 land harbors referred to in subsection (a)(2) of section
13 210 of the Water Resources Development Act of 1986
14 (33 U.S.C. 2238), including a breakdown of such
15 needs for each of the following types of projects—
16 (A) emerging harbor projects (as defined in
17 such section);
18 (B) moderate-use harbor projects (as defined
19 in such section on the day before the date of en-
20 actment of this Act);
21 (C) high-use harbor projects (as defined in
22 such section on the day before the date of enact-
23 ment of this Act); and
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1 (D) projects assigned to harbors and inland
2 harbors within the Great Lakes Navigation Sys-
3 tem (as defined in such section);
4 (4) an assessment of any deferred operation and
5 maintenance needs for such projects;
6 (5) an assessment of the annual funding level
7 trends for moderate-use harbor projects (as defined in
8 section 210 of the Water Resources Development Act
9 of 1986 on the day before the date of enactment of this
10 Act) after the date of enactment of the Water Re-
11 sources Development Act of 2014 (Public Law 113–
12 121), excluding funds awarded to donor ports, me-
13 dium-sized donor ports, and energy transfer ports (as
14 such terms are defined in section 2106 of the Water
15 Resources Reform and Development Act of 2014 (33
16 U.S.C. 2201));
17 (6) an assessment of projected needs associated
18 with donor ports, medium-sized donor ports, and en-
19 ergy transfer ports (as such terms are defined in sec-
20 tion 2106 of the Water Resources Reform and Devel-
21 opment Act of 2014 (33 U.S.C. 2201)); and
22 (7) an itemization of expenditures provided to
23 donor ports, medium-sized donor ports, and energy
24 transfer ports under section 2106 of the Water Re-
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1 sources Reform and Development Act of 2014 (33
2 U.S.C. 2201).
3 (b) REPORT TO CONGRESS.—Upon completion of the
4 report under subsection (a), the Comptroller General shall
5 submit such report to the Committee on Transportation and
6 Infrastructure of the House of Representatives and the Com-
7 mittee on Environment and Public Works of the Senate.
8 SEC. 219. GAO STUDY ON ADMINISTRATION OF ENVIRON-
9 MENTAL BANKS.
10 (a) IN GENERAL.—Not later than one year after the
11 date of enactment of this Act, the Comptroller General of
12 the United States shall conduct a study and submit to the
13 appropriate committees of Congress a report that analyzes
14 the administration of section 309 of the Coastal Wetlands
15 Planning, Protection and Restoration Act to establish an
16 environmental bank (as defined in such section), such that
17 the Secretary—
18 (1) achieves the objectives of the report of the
19 Chief of Engineers for ecosystem restoration in the
20 Louisiana Coastal Area or the objectives of the com-
21 prehensive coastal protection master plan entitled
22 ‘‘Louisiana Comprehensive Master Plan for a Sus-
23 tainable Coast’’ prepared by the State of Louisiana
24 and accepted by the Louisiana Coastal Protection and
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1 Restoration Authority (including any subsequent
2 amendments or revisions);
3 (2) promotes ridge restoration, barrier island
4 restoration, marsh creation, nonstructural risk man-
5 agement, or any other projects authorized, funded, or
6 undertaken, or proposed to be authorized, funded, or
7 undertaken, pursuant to such comprehensive coastal
8 protection master plan;
9 (3) allows for proactive investment in projects by
10 a public or private entity seeking to generate credits
11 to satisfy responsibilities associated with environ-
12 mental compliance;
13 (4) allows for leveraging additional State, Par-
14 ish, or Federal funds; and
15 (5) recommends methods for awarding addi-
16 tional credit for high-priority projects listed in the re-
17 port and plan described in paragraph (1).
18 (b) CONSULTATION WITH STAKEHOLDERS.—In car-
19 rying out subsection (a), the Comptroller General of the
20 United States shall consult with the Secretary, the Lou-
21 isiana Coastal Wetlands Conservation and Restoration
22 Task Force, the Governor of Louisiana (or an appointee),
23 and other stakeholders, to the extent practicable.
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1 SEC. 220. STUDY ON WATER SUPPLY AND WATER CON-
2 SERVATION AT WATER RESOURCES DEVELOP-
3 MENT PROJECTS.
4 (a) IN GENERAL.—Not later than 18 months after the
5 date of enactment of this Act, the Secretary shall submit
6 to the Committee on Transportation and Infrastructure of
7 the House of the Representatives and the Committee on En-
8 vironment and Public Works of the Senate a report that
9 analyzes the benefits and consequences of including munic-
10 ipal water supply and water conservation as a primary
11 mission of the Corps of Engineers in carrying out water
12 resources development projects.
13 (b) INCLUSION.—The Secretary shall include in the re-
14 port submitted under subsection (a)—
15 (1) a description of existing water resources de-
16 velopment projects with municipal water supply or
17 water conservation as authorized purposes, and the
18 extent to which such projects are utilized for such
19 purposes;
20 (2) a description of existing water resources de-
21 velopment projects with respect to which—
22 (A) municipal water supply or water con-
23 servation could be added as a project purpose,
24 including those with respect to which a non-Fed-
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1 municipal water supply or water conservation as
2 a project purpose; and
3 (B) such a purpose could be accommodated
4 while maintaining existing authorized purposes;
5 (3) a description of ongoing water resources de-
6 velopment project studies the authorizations for which
7 include authorization for the Secretary to study the
8 feasibility of carrying out the project with a purpose
9 of municipal water supply or water conservation;
10 (4) an analysis of how adding municipal water
11 supply and water conservation as a primary mission
12 of the Corps of Engineers would affect the ability of
13 the Secretary to carry out future water resources de-
14 velopment projects; and
15 (5) any recommendations of the Secretary relat-
16 ing to including municipal water supply and water
17 conservation as a primary mission of the Corps of
18 Engineers.
19 SEC. 221. PFAS REVIEW AND INVENTORY AT CORPS FACILI-
20 TIES.
21 (a) INVENTORY OF PFAS AT CORPS FACILITIES.—
22 (1) IN GENERAL.—Not later than 18 months
23 after the date of enactment of this section, and annu-
24 ally thereafter the Secretary shall complete an inven-
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1 are or may be contaminated, or could become con-
2 taminated, by PFAS.
3 (2) CONTENTS OF INVENTORY.—In carrying out
4 this subsection, the Secretary shall review and iden-
5 tify—
6 (A) all facilities owned or operated by the
7 Corps of Engineers, for which there is a civil
8 works function, that are or may be contami-
9 nated, or could become contaminated, by PFAS;
10 (B) the nature and extent of any such con-
11 tamination or potential for contamination, in-
12 cluding any potential pathways for human expo-
13 sure to PFAS;
14 (C) response measures taken to monitor,
15 control, remove, or remediate PFAS, or otherwise
16 reduce the risk of human exposure to PFAS;
17 (D) for facilities identified under subpara-
18 graph (A), the extent to which such facilities (or
19 any such contamination or potential for con-
20 tamination at such facilities) are related to the
21 civil works functions of the Corps of Engineers;
22 (E) the extent to which the Secretary, or
23 other entities, may have responsibility for such
24 contamination or potential for contamination;
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1 (F) for facilities identified under subpara-
2 graph (A), the costs to remediate and reduce the
3 risk of human exposure to PFAS.
4 (3) COORDINATION WITH OTHER FEDERAL AGEN-
5 CIES.—To the maximum extent practicable, the ac-
6 tions taken under this subsection shall supplement
7 and support work undertaken by other Federal agen-
8 cies, including actions taken pursuant to the plan
9 published by the Administrator of the Environmental
10 Protection Agency, titled ‘‘EPA’s Per- and
11 Polyfluoroalkyl Substances (PFAS) Action Plan’’ and
12 dated February 2019.
13 (4) REPORT TO CONGRESS.—Upon completion of
14 the inventory under paragraph (1), and annually
15 thereafter concurrent with the President’s annual
16 budget request to Congress, the Secretary shall submit
17 the inventory to the Committee on Transportation
18 and Infrastructure of the House of Representatives
19 and the Committee on Environment and Public
20 Works of the Senate.
21 (b) PFAS TECHNOLOGY RESEARCH.—
22 (1) RESEARCH SUPPORT.—The Secretary, acting
23 through the Hazardous Waste Research Center located
24 at the Engineer Research and Development Center,
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1 efforts of other Federal agencies in the development of
2 innovative technologies and methodologies for the de-
3 tection, treatment, and cleanup of PFAS associated
4 with Federal facilities, including groundwater associ-
5 ated with such facilities.
6 (2) DUPLICATION OF EFFORTS.—Nothing in this
7 subsection is intended to duplicate the activities un-
8 dertaken by other Federal agencies as identified in
9 subsection (a)(3).
10 (c) DEFINITION.—In this section, the term ‘‘PFAS’’
11 means a perfluoroalkyl substance or polyfluoroalkyl sub-
12 stance with at least one fully fluorinated carbon atom.
13 SEC. 222. REPORT ON RECREATIONAL FACILITIES.
14 No later than 18 months after the date of enactment
15 of this Act, the Secretary shall submit to the Committee on
16 Transportation and Infrastructure of the House of Rep-
17 resentatives and the Committee on Environment and Public
18 Works of the Senate a report that contains—
19 (1) an inventory of all recreational infrastruc-
20 ture and facilities associated with water resources de-
21 velopment projects;
22 (2) an assessment of the annual operation and
23 maintenance needs associated with such infrastruc-
24 ture and facilities;
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1 (3) an assessment of deferred operation and
2 maintenance needs for such infrastructure and facili-
3 ties to operate safely at full capacity; and
4 (4) an assessment of the economic benefits of
5 recreation to local and regional economies and bene-
6 fits of sustaining and improving public access at rec-
7 reational infrastructure and facilities.
8 TITLE III—DEAUTHORIZATIONS
9 AND MODIFICATIONS
10 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
11 (a) PURPOSES.—The purposes of this section are—
12 (1) to identify water resources development
13 projects authorized by Congress that are no longer
14 viable for construction due to—
15 (A) a lack of local support;
16 (B) a lack of available Federal or non-Fed-
17 eral resources; or
18 (C) an authorizing purpose that is no
19 longer relevant or feasible;
20 (2) to create an expedited and definitive process
21 for Congress to deauthorize water resources develop-
22 ment projects that are no longer viable for construc-
23 tion; and
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1 (3) to allow the continued authorization of water
2 resources development projects that are viable for con-
3 struction.
4 (b) PROPOSED DEAUTHORIZATION LIST.—
5 (1) PRELIMINARY LIST OF PROJECTS.—
6 (A) IN GENERAL.—The Secretary shall de-
7 velop a preliminary list of each water resources
8 development project, or separable element of a
9 project, authorized for construction before No-
10 vember 8, 2007, for which—
11 (i) planning, design, or construction
12 was not initiated before the date of enact-
13 ment of this Act; or
14 (ii) planning, design, or construction
15 was initiated before the date of enactment of
16 this Act, but for which no funds, Federal or
17 non-Federal, were obligated for planning,
18 design, or construction of the project or sep-
19 arable element of the project during the cur-
20 rent fiscal year or any of the 10 preceding
21 fiscal years.
22 (B) USE OF COMPREHENSIVE CONSTRUC-
23 TION BACKLOG AND OPERATION AND MAINTE-
24 NANCE REPORT.—The Secretary may develop the
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1 struction backlog and operation and mainte-
2 nance reports developed pursuant to section
3 1001(b)(2) of the Water Resources Development
4 Act of 1986 (33 U.S.C. 579a).
5 (2) PREPARATION OF PROPOSED DEAUTHORIZA-
6 TION LIST.—
7 (A) DEAUTHORIZATION AMOUNT.—The Sec-
8 retary shall prepare a proposed list of projects
9 for deauthorization comprised of a subset of
10 projects and separable elements identified on the
11 preliminary list developed under paragraph (1)
12 that have, in the aggregate, an estimated Federal
13 cost to complete that is at least $10,000,000,000.
14 (B) DETERMINATION OF FEDERAL COST TO
15 COMPLETE.—For purposes of subparagraph (A),
16 the Federal cost to complete shall take into ac-
17 count any allowances authorized by section 902
18 of the Water Resources Development Act of 1986
19 (33 U.S.C. 2280), as applied to the most recent
20 project schedule and cost estimate.
21 (C) INCLUSION OF DEAUTHORIZATION OF
22 ANTIQUATED PROJECTS.—The Secretary shall re-
23 duce the amount identified for deauthorization
24 under paragraph (2)(A) by an amount equiva-
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1 project, or separable element of a project, that is
2 deauthorized by subsection (f).
3 (3) SEQUENCING OF PROJECTS.—
4 (A) IN GENERAL.—The Secretary shall
5 identify projects and separable elements for in-
6 clusion on the proposed list of projects for de-
7 authorization under paragraph (2) according to
8 the order in which the projects and separable ele-
9 ments were authorized, beginning with the ear-
10 liest authorized projects and separable elements
11 and ending with the latest project or separable
12 element necessary to meet the aggregate amount
13 under paragraph (2)(A).
14 (B) FACTORS TO CONSIDER.—The Secretary
15 may identify projects and separable elements in
16 an order other than that established by subpara-
17 graph (A) if the Secretary determines, on a case-
18 by-case basis, that a project or separable element
19 is critical for interests of the United States,
20 based on the possible impact of the project or
21 separable element on public health and safety,
22 the national economy, or the environment.
23 (4) PUBLIC COMMENT AND CONSULTATION.—
24 (A) IN GENERAL.—The Secretary shall so-
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1 ernors of each applicable State on the proposed
2 deauthorization list prepared under paragraph
3 (2)(A).
4 (B) COMMENT PERIOD.—The public com-
5 ment period shall be 90 days.
6 (5) PREPARATION OF FINAL DEAUTHORIZATION
7 LIST.—
8 (A) IN GENERAL.—The Secretary shall pre-
9 pare a final deauthorization list by—
10 (i) considering any comments received
11 under paragraph (4); and
12 (ii) revising the proposed deauthoriza-
13 tion list prepared under paragraph (2)(A)
14 as the Secretary determines necessary to re-
15 spond to such comments.
16 (B) APPENDIX.—The Secretary shall in-
17 clude as part of the final deauthorization list an
18 appendix that—
19 (i) identifies each project or separable
20 element on the proposed deauthorization list
21 that is not included on the final deauthor-
22 ization list; and
23 (ii) describes the reasons why the
24 project or separable element is not included
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1 (c) SUBMISSION OF FINAL DEAUTHORIZATION LIST TO
2 CONGRESS FOR CONGRESSIONAL REVIEW; PUBLICATION.—
3 (1) IN GENERAL.—Not later than 90 days after
4 the date of the close of the comment period under sub-
5 section (b)(4), the Secretary shall—
6 (A) submit the final deauthorization list
7 and appendix prepared under subsection (b)(5)
8 to the Committee on Transportation and Infra-
9 structure of the House of Representatives and the
10 Committee on Environment and Public Works of
11 the Senate; and
12 (B) publish the final deauthorization list
13 and appendix in the Federal Register.
14 (2) EXCLUSIONS.—The Secretary shall not in-
15 clude in the final deauthorization list submitted
16 under paragraph (1) any project or separable element
17 with respect to which Federal funds for planning, de-
18 sign, or construction are obligated after the develop-
19 ment of the preliminary list under subsection
20 (b)(1)(A) but prior to the submission of the final de-
21 authorization list under paragraph (1)(A) of this sub-
22 section.
23 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.—
24 (1) IN GENERAL.—After the expiration of the 2-
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1 the final deauthorization list and appendix under
2 subsection (c)(1)(B), a project or separable element of
3 a project identified in the final deauthorization list is
4 hereby deauthorized, unless Congress passes a joint
5 resolution disapproving the final deauthorization list
6 prior to the end of such period.
7 (2) NON-FEDERAL CONTRIBUTIONS.—
8 (A) IN GENERAL.—A project or separable
9 element of a project identified in the final de-
10 authorization list under subsection (c) shall not
11 be deauthorized under this subsection if, before
12 the expiration of the 2-year period referred to in
13 paragraph (1), the non-Federal interest for the
14 project or separable element of the project pro-
15 vides sufficient funds to complete the project or
16 separable element of the project.
17 (B) TREATMENT OF PROJECTS.—Notwith-
18 standing subparagraph (A), each project and
19 separable element of a project identified in the
20 final deauthorization list shall be treated as de-
21 authorized for purposes of the aggregate de-
22 authorization amount specified in subsection
23 (b)(2)(A).
24 (3) PROJECTS APPENDIX.—A
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1 the appendix to the final deauthorization list shall re-
2 main subject to future deauthorization by Congress.
3 (e) SPECIAL RULES.—
4 (1) POST-AUTHORIZATION STUDIES.—A project
5 or separable element of a project may not be identi-
6 fied on the proposed deauthorization list developed
7 under subsection (b), or the final deauthorization list
8 developed under subsection (c), if the project or sepa-
9 rable element received funding for a post-authoriza-
10 tion study during the current fiscal year or any of the
11 10 preceding fiscal years.
12 (2) TREATMENT OF PROJECT MODIFICATIONS.—
13 For purposes of this section, if an authorized water
14 resources development project or separable element of
15 the project has been modified by an Act of Congress,
16 the date of the authorization of the project or sepa-
17 rable element shall be deemed to be the date of the
18 most recent such modification.
19 (f) DEAUTHORIZATION OF ANTIQUATED PROJECTS.—
20 (1) IN GENERAL.—Any water resources develop-
21 ment project, or separable element of a project, au-
22 thorized for construction prior to November 17, 1986,
23 for which construction has not been initiated prior to
24 the date of enactment of this Act, or for which funds
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1 year period prior to the date of enactment of this Act,
2 is hereby deauthorized.
3 (2) IDENTIFICATION.—Not later than 60 days
4 after the date of enactment of this Act, the Secretary
5 shall issue to the Committee on Transportation and
6 Infrastructure of the House of Representatives and the
7 Committee on Environment and Public Works of the
8 Senate a report that identifies—
9 (A) the name of each project, or separable
10 element of a project, deauthorized by paragraph
11 (1); and
12 (B) the estimated current value of each such
13 project or separable element of a project.
14 (g) ECONOMIC AND ENVIRONMENTAL REVIEW OF INAC-
15 TIVE WATER RESOURCES DEVELOPMENT PROJECTS.—The
16 Secretary or the non-Federal interest may not carry out
17 any authorized water resources development project, or sep-
18 arable element of such project, for which construction has
19 not been initiated in the 20-year period following the date
20 of the authorization of such project or separable element,
21 until—
22 (1) the Secretary provides to the Committee on
23 Transportation and Infrastructure of the House of
24 Representatives and the Committee on Environment
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1 change report that updates the economic and environ-
2 mental analysis of the project or separable element;
3 and
4 (2) the Committee on Transportation and Infra-
5 structure of the House of Representatives and the
6 Committee on Environment and Public Works of the
7 Senate take appropriate action to address any modi-
8 fications to the economic and environmental analysis
9 for the project or separable element of the project con-
10 tained in the post-authorization change report.
11 (h) DEFINITIONS.—In this section:
12 (1) POST-AUTHORIZATION CHANGE REPORT.—
13 The term ‘‘post-authorization change report’’ has the
14 meaning given such term in section 1132(d) of the
15 Water Resources Development Act of 2016 (33 U.S.C.
16 2282e).
17 (2) POST-AUTHORIZATION STUDY.—The term
18 ‘‘post-authorization study’’ means—
19 (A) a feasibility report developed under sec-
20 tion 905 of the Water Resources Development Act
21 of 1986 (33 U.S.C. 2282);
22 (B) a feasibility study, as defined in section
23 105(d) of the Water Resources Development Act
24 of 1986 (33 U.S.C. 2215(d)); or
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1 (C) a review conducted under section 216 of
2 the Flood Control Act of 1970 (33 U.S.C. 549a),
3 including an initial appraisal that—
4 (i) demonstrates a Federal interest;
5 and
6 (ii) requires additional analysis for the
7 project or separable element.
8 (3) WATER RESOURCES DEVELOPMENT
9 PROJECT.—The term ‘‘water resources development
10 project’’ includes an environmental infrastructure as-
11 sistance project or program of the Corps of Engineers.
12 SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RES-
13 TORATION.
14 Section 560(f) of the Water Resources Development Act
15 of 1999 (33 U.S.C. 2336(f)) is amended by striking
16 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’.
17 SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
18 Section 203(b)(4) of the Water Resources Development
19 Act of 2000 (33 U.S.C. 2269) is amended by striking
20 ‘‘$12,500,000’’ each place it appears and inserting
21 ‘‘$15,000,000’’.
22 SEC. 304. LAKES PROGRAM.
23 Section 602(a) of the Water Resources Development
24 Act of 1986 (Public Law 99–662, 100 Stat. 4148; 110 Stat.
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25 3758; 113 Stat. 295; 121 Stat. 1076) is amended—
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1 (1) in paragraph (27), by striking ‘‘and’’ at the
2 end;
3 (2) in paragraph (28), by striking the period at
4 the end and inserting a semicolon; and
5 (3) by adding at the end the following:
6 ‘‘(29) Ellis Pond and Guild Pond, Norwood,
7 Massachusetts; and
8 ‘‘(30) Memorial Pond, Walpole, Massachusetts.’’.
9 SEC. 305. WATERCRAFT INSPECTION STATIONS.
10 Section 104(d)(1)(A) of the River and Harbor Act of
11 1958 (33 U.S.C. 610(d)(1)(A)) is amended—
12 (1) in clause (ii), by striking ‘‘; and’’ and insert-
13 ing a semicolon;
14 (2) in clause (iii), by striking ‘‘Arizona River
15 Basins.’’ and inserting ‘‘Arkansas River Basins;
16 and’’; and
17 (3) by adding at the end the following:
18 ‘‘(iv) to protect the Russian River
19 Basin, California.’’.
20 SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORA-
21 TION AND PROTECTION PROGRAM.
22 (a) IN GENERAL.—Section 510 of the Water Resources
23 Development Act of 1996 (Public Law 104–303, 110 Stat.
24 3759; 121 Stat. 1202; 128 Stat. 1317) is amended—
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1 (1) by redesignating subsection (h) as subsection
2 (i) and inserting after subsection (g) the following:
3 ‘‘(h) PROJECT CAP.—The total cost of a project carried
4 out under this section may not exceed $15,000,000.’’; and
5 (2) in subsection (i) (as so redesignated), by
6 striking ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’.
7 (b) OUTREACH AND TRAINING.—The Secretary shall
8 conduct public outreach and workshops for non-Federal in-
9 terests to provide information on the Chesapeake Bay envi-
10 ronmental restoration and protection program established
11 under section 510 of the Water Resources Development Act
12 of 1996, including how to participate in the program.
13 SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON-
14 MENTAL MANAGEMENT PROGRAM.
15 Section 1103(e)(3) of the Water Resources Development
16 Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking
17 ‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’.
18 SEC. 308. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION
19 SYSTEM.
20 Any Federal funds, regardless of the account from
21 which the funds were provided, used to carry out construc-
22 tion of the modification to the McClellan-Kerr Arkansas
23 River Navigation System, authorized in section 136 of the
24 Energy and Water Development Appropriations Act, 2004
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25 (117 Stat. 1842), shall be considered by the Secretary as
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1 initiating construction of the project such that future funds
2 will not require a new investment decision.
3 SEC. 309. OUACHITA-BLACK RIVER NAVIGATION PROJECT,
4 ARKANSAS.
5 The project for navigation, Ouachita-Black River, Ar-
6 kansas, authorized by section 101 of the River and Harbor
7 Act of 1960 (Public Law 86–645), is modified to include
8 water supply as a project purpose, subject to completion
9 by the Secretary of a feasibility study and any other review
10 necessary for such modification.
11 SEC. 310. SACRAMENTO RIVER, GLENN-COLUSA, CALI-
12 FORNIA.
13 The portion of project for flood control, Sacramento
14 River, California, authorized by section 2 of the Act of
15 March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649;
16 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting
17 of a riverbed gradient restoration facility at the Glenn-
18 Colusa Irrigation District Intake, is no longer authorized
19 beginning on the date of enactment of this Act.
20 SEC. 311. LAKE ISABELLA, CALIFORNIA.
21 (a) SENSE OF CONGRESS.—It is the sense of Congress
22 that the Secretary, when evaluating alternative locations for
23 construction of a permanent Isabella Lake Visitor Center
24 by the Corps of Engineers to replace the facility impacted
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25 by the Isabella Dam safety modification project, should af-
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1 ford substantial weight to the site preference of the local
2 community.
3 (b) AUTHORITY.—The Secretary may acquire such in-
4 terests in real property as the Secretary determines nec-
5 essary or advisable to support construction of the Isabella
6 Dam safety modification project.
7 (c) TRANSFER.—The Secretary may transfer any real
8 property interests acquired under subsection (b) to any
9 other Federal agency or department without reimburse-
10 ment.
11 (d) ISABELLA DAM SAFETY MODIFICATION PROJECT
12 DEFINED.—In this section, the term ‘‘Isabella Dam safety
13 modification project’’ means the dam safety modification
14 project at the Isabella Reservoir in the San Joaquin Valley,
15 California (authorized by Act of December 22, 1944 (chap-
16 ter 665, 58 Stat. 901)), including the component of the
17 project relating to construction a visitor center facility.
18 SEC. 312. LOWER SAN JOAQUIN RIVER FLOOD CONTROL
19 PROJECT.
20 The Secretary shall align the schedules of, and maxi-
21 mize complimentary efforts, minimize duplicative practices,
22 and ensure coordination and information sharing with re-
23 spect to—
24 (1) the project for flood risk management, Lower
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25 San Joaquin River, authorized by section 1401(2) of
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1 the Water Resources Development Act of 2018 (132
2 Stat. 3836); and
3 (2) the second phase of the feasibility study for
4 the Lower San Joaquin River project for flood risk
5 management, authorized for expedited completion by
6 section 1203(a)(7) of the Water Resources Develop-
7 ment Act 2018 (132 Stat. 3803).
8 SEC. 313. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO
9 COUNTY, CALIFORNIA.
10 The portion of the project for flood control and naviga-
11 tion, San Diego River and Mission Bay, San Diego County,
12 California, authorized by the Act of July 24, 1946 (chapter
13 595, 60 Stat. 636), identified in the National Levee Data-
14 base established under section 9004 of the Water Resources
15 Development Act of 2007 (33 U.S.C. 3303) as the San Diego
16 River 3 segment and consisting of a 785-foot-long segment
17 of the right bank levee from Station 209+41.75 to its end
18 at Station 217+26.75, as described in construction plans
19 dated August 30, 1951, is no longer authorized beginning
20 on the date of enactment of this Act.
21 SEC. 314. SAN FRANCISCO, CALIFORNIA, WATERFRONT
22 AREA.
23 (a) IN GENERAL.—Section 114 of the River and Har-
24 bor Act of 1968 (33 U.S.C. 59h) is amended to read as fol-
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25 lows:
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1 ‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT
2 AREA.
3 ‘‘(a) AREA TO BE DECLARED NONNAVIGABLE.—The
4 following area is declared to be nonnavigable waters of the
5 United States: All of that portion of the City and County
6 of San Francisco, California, lying shoreward of a line be-
7 ginning at the intersection of the southerly right of way
8 line of Earl Street prolongation with the Pierhead United
9 States Government Pierhead line, the Pierhead line as de-
10 fined in the State of California Harbor and Navigation
11 Code Section 1770, as amended in 1961; thence northerly
12 along said Pierhead line to its intersection with a line par-
13 allel with and distant 10 feet easterly from, the existing
14 easterly boundary line of Pier 30–32; thence northerly along
15 said parallel line and its northerly prolongation, to a point
16 of intersection with a line parallel with, and distant 10
17 feet northerly from, the existing northerly boundary of Pier
18 30–32; thence westerly along last said parallel line to its
19 intersection with said Pierhead line; thence northerly along
20 said Pierhead line, to the intersection of the easterly right
21 of way line of Van Ness Avenue, formerly Marlette Street,
22 prolongation to the Pierhead line.
23 ‘‘(b) REQUIREMENT THAT AREA BE IMPROVED.—The
24 declaration of nonnavigability under subsection (a) applies
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25 only to those parts of the area described in subsection (a)
26 that are or will be bulkheaded, filled, or otherwise occupied
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1 or covered by permanent structures and does not affect the
2 applicability of any Federal statute or regulation that re-
3 lates to filling of navigable waters or to other regulated ac-
4 tivities within the area described in subsection (a), includ-
5 ing sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C.
6 401, 403), section 404 of the Federal Water Pollution Con-
7 trol Act, and the National Environmental Policy Act of
8 1969.
9 ‘‘(c) INCLUSION OF EMBARCADERO HISTORIC DIS-
10 TRICT.—Congress finds and declares that the area described
11 in subsection (a) contains the seawall, piers, and wharves
12 that comprise the Embarcadero Historic District listed on
13 the National Register of Historic Places on May 12, 2006.’’.
14 (b) CONFORMING AMENDMENT.—Section 5052 of the
15 Water Resources Development Act of 2007 (33 U.S.C. 59h–
16 1) is repealed.
17 SEC. 315. WESTERN PACIFIC INTERCEPTOR CANAL, SAC-
18 RAMENTO RIVER, CALIFORNIA.
19 The portion of the project for flood protection on the
20 Sacramento River, authorized by section 2 of the of March
21 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat.
22 877; 55 Stat. 647; 80 Stat. 1422), consisting of the portion
23 of the levee from GPS coordinate N2147673.584
24 E6690904.187 to N2147908.413 E6689057.060 associated
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25 with the Western Pacific Interceptor Canal, is no longer
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1 authorized beginning on the date of the enactment of this
2 Act.
3 SEC. 316. RIO GRANDE ENVIRONMENTAL MANAGEMENT
4 PROGRAM, COLORADO, NEW MEXICO, AND
5 TEXAS.
6 Section 5056(f) of the Water Resources Development
7 Act of 2007 (Public Law 110–114, 121 Stat. 1213; 128 Stat.
8 1314) is amended by striking ‘‘2019’’ and inserting ‘‘2029’’.
9 SEC. 317. NEW LONDON HARBOR WATERFRONT CHANNEL,
10 CONNECTICUT.
11 (a) IN GENERAL.—The portion of the project for navi-
12 gation, New London Harbor, Connecticut, authorized by the
13 first section of the Act of June 13, 1902 (chapter 1079, 32
14 Stat. 333), described in subsection (b) is no longer author-
15 ized beginning on the date of enactment of this Act.
16 (b) AREA DESCRIBED.—The area referred to in sub-
17 section (a) is generally the portion between and around the
18 2 piers at the State Pier in New London, specifically the
19 area—
20 (1) beginning at a point N691263.78,
21 E1181259.26;
22 (2) running N 35°01’50.75’’ W about 955.59 feet
23 to a point N692046.26, E1180710.74;
24 (3) running N 54°58’06.78’’ E about 100.00 feet
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25 to a point N692103.66, E1180792.62;
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1 (4) running S 35°01’50.75’’ E about 989.8 feet
2 to a point N691293.17, E1181360.78; and
3 (5) running S 73°51’15.45’’ W about 105.69 feet
4 to the point described in paragraph (1).
5 SEC. 318. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
6 Beginning on the date of enactment of this Act, the
7 project for navigation, Washington Harbor, District of Co-
8 lumbia, authorized by the Act of August 30, 1935 (chapter
9 831, 49 Stat. 1031), is modified to reduce, in part, the au-
10 thorized dimensions of the project, such that the remaining
11 authorized dimensions are as follows:
12 (1) A 200 foot wide, 15 foot deep channel with
13 a center line beginning at a point East 1,317,064.30
14 and North 440,373.32, thence to a point East
15 1,316,474.30 and North 440,028.31, thence to a point
16 East 1,315,584.30 and North 439,388.30, thence to a
17 point East 1,315,259.31 and North 438,908.30.
18 (2) A transition area 200 foot wide to 300 foot
19 wide, 15 foot deep, with a center line beginning at a
20 point East 1,315,259.31 and North 438,908.30 to a
21 point East 1,315,044.31 and North 438,748.30.
22 (3) A 300 foot wide, 15 foot deep channel with
23 a centerline beginning a point East 1,315,044.31 and
24 North 438,748.30, thence to a point East 1,314,105.31
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25 and North 438,124.79, thence to a point East
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1 1,311,973.30 and North 438,807.78, thence to a point
2 East 1,311,369.73 and North 438,577.42, thence to a
3 point East 1,311,015.73 and North 438,197.57, thence
4 to a point East 1,309,713.47 and North 435,678.91.
5 (4) A transition area 300 foot wide to 400 foot
6 wide, 15 foot deep to 24 foot deep, with a center line
7 beginning at a point East 1,309,713.47 and North
8 435,678.91 to a point East 1,307,709.33 and North
9 434,488.25.
10 (5) A 400 foot wide, 24 foot deep channel with
11 a centerline beginning at a point East 1,307,709.33
12 and North 434,488.25, thence to a point East
13 1,307,459.33 and North 434,173.25, thence to a point
14 East 1,306,476.82 and North 1,306,476.82, thence to
15 a point East 1,306,209.79 and North 431,460.21,
16 thence to a point at the end of the channel near
17 Hains Point East 1,305,997.63 and North 429,978.31.
18 SEC. 319. CENTRAL EVERGLADES, FLORIDA.
19 The project for ecosystem restoration, Central Ever-
20 glades, authorized by section 1401(4) of the Water Resources
21 Development Act of 2016 (130 Stat. 1713), is modified to
22 include the project for ecosystem restoration, Central and
23 Southern Florida, Everglades Agricultural Area, authorized
24 by section 1308 of the Water Resources Development Act
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1 of 2018 (132 Stat. 3819), and to authorize the Secretary
2 to carry out the project as so combined.
3 SEC. 320. MIAMI RIVER, FLORIDA.
4 The portion of the project for navigation, Miami River,
5 Florida, authorized by the Act of July 3, 1930 (46 Stat.
6 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning
7 at the existing railroad bascule bridge and extending ap-
8 proximately 1,000 linear feet upstream to an existing salin-
9 ity barrier and flood control structure, is no longer author-
10 ized beginning on the date of enactment of this Act.
11 SEC. 321. TAYLOR CREEK RESERVOIR AND LEVEE L–73 (SEC-
12 TION 1), UPPER ST. JOHNS RIVER BASIN,
13 FLORIDA.
14 The portions of the project for flood control and other
15 purposes, Central and Southern Florida, authorized by sec-
16 tion 203 of the Flood Control Act of 1948 (62 Stat. 1176),
17 consisting of the Taylor Creek Reservoir and Levee L–73,
18 Section 1, within the Upper St. Johns River Basin, Flor-
19 ida, are no longer authorized beginning on the date of en-
20 actment of this Act.
21 SEC. 322. CALCASIEU RIVER AND PASS, LOUISIANA.
22 Not later than 120 days after the date of enactment
23 of this Act, the Secretary shall provide to the Committee
24 on Transportation and Infrastructure of the House of Rep-
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25 resentatives and the Committee on Environment and Public
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1 Works of the Senate a report on plans to modify the
2 Calcasieu River and Pass Dredged Material Management
3 Plan and Supplemental Environmental Impact Statement
4 (December 16, 2010 DMMP/SEIS) to allow for the expan-
5 sion of Dredged Material Placement Facilities (DMPFs) 17,
6 19, 22, D, and E to the lakeside foreshore rock boundaries
7 during planned rehabilitation of these facilities.
8 SEC. 323. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW
9 MEXICO.
10 (a) ABIQUIU RESERVOIR.—Section 5(b) of Public Law
11 97–140 (43 U.S.C. 620a note) is amended by striking ‘‘a
12 total of two hundred thousand acre-feet of’’.
13 (b) WATER STORAGE AT ABIQUIU DAM, NEW MEX-
14 ICO.—Section 1 of Public Law 100–522 (43 U.S.C. 620a
15 note) is amended—
16 (1) by striking ‘‘200,000 acre-feet of’’;
17 (2) by inserting ‘‘and San Juan-Chama project’’
18 after ‘‘Rio Grande system’’; and
19 (3) by striking ‘‘, in lieu of the water storage au-
20 thorized by section 5 of Public Law 97–140, to the ex-
21 tent that contracting entities under section 5 of Pub-
22 lic Law 97–140 no longer require such storage’’.
23 (c) WATER STORAGE.—The Secretary shall—
24 (1) store up to elevation 6230.00 NGVD29 at
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25 Abiquiu Dam, New Mexico, to the extent that the nec-
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1 essary real property interests have been acquired by
2 any entity requesting such storage; and
3 (2) amend the March 20, 1986, contract between
4 the United States of America and the Albuquerque
5 Bernalillo County Water Utility Authority (assigned
6 by the City of Albuquerque, New Mexico to the Albu-
7 querque Bernalillo County Water Utility Authority)
8 for water storage space in Abiquiu Reservoir to allow
9 for storage by the Albuquerque Bernalillo County
10 Water Utility Authority of San Juan-Chama project
11 water or native Rio Grande system water up to ele-
12 vation 6230.00 NGVD29.
13 (d) STORAGE AGREEMENTS WITH USERS OTHER
14 THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER
15 UTILITY AUTHORITY.—The Secretary shall—
16 (1) retain or enter into new agreements with en-
17 tities for a proportionate allocation of 29,100 acre-feet
18 of storage space pursuant to section 5 of Public Law
19 97–140; and
20 (2) amend or enter into new storage agreements
21 for storage of San Juan-Chama project water or na-
22 tive Rio Grande system water up to the space allo-
23 cated for each entity’s proportionate share of San
24 Juan-Chama water.
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1 (e) OPERATIONS DOCUMENTS.—The Secretary shall
2 amend or revise any existing operations documents, includ-
3 ing the Water Control Manual or operations plan for
4 Abiquiu Reservoir, as necessary to meet the requirements
5 of this section.
6 (f) LIMITATIONS.—In carrying out this section, the fol-
7 lowing limitations shall apply:
8 (1) The storage of native Rio Grande system
9 water shall be subject to the provisions of the Rio
10 Grande Compact and the resolutions of the Rio
11 Grande Compact Commission.
12 (2) The storage of native Rio Grande system
13 water shall only be authorized to the extent that the
14 necessary water ownership and storage rights have
15 been acquired by the entity requesting such storage.
16 (3) The storage of native Rio Grande system
17 water or San-Juan Chama project water shall not
18 interfere with the authorized purposes of the Abiquiu
19 Dam and Reservoir project.
20 (4) Each user of storage space, regardless of
21 source of water, shall pay for any increase in costs at-
22 tributable to storage of that user’s water.
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1 SEC. 324. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY
2 AND WATCH HILL COVE, RHODE ISLAND AND
3 CONNECTICUT.
4 Beginning on the date of enactment of this Act, that
5 portion of the project for navigation, Pawcatuck River, Lit-
6 tle Narragansett Bay and Watch Hill Cove, Rhode Island
7 and Connecticut, authorized by section 2 of the Act of
8 March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a
9 10-foot deep, 16-acre anchorage area in Watch Hill Cove
10 is no longer authorized.
11 SEC. 325. HARRIS COUNTY, TEXAS.
12 Section 575 of the Water Resources Development Act
13 of 1996 (110 Stat. 3789) is repealed.
14 SEC. 326. CAP SANTE WATERWAY, WASHINGTON.
15 Beginning on the date of enactment of this Act, the
16 project for navigation, Cap Sante Waterway and Naviga-
17 tion Channel, Skagit County, Washington, authorized by
18 the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), is
19 modified to deauthorize the portion of the project consisting
20 of an approximately 334,434 foot area of the Federal chan-
21 nel within Anacortes Harbor inside and directly adjacent
22 to the Federal breakwater and training wall structure,
23 starting at a point with coordinates N557015.552,
24 E1210819.619, thence running S88 13’2.06’’E approxi-
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25 mately 200 feet to a point with coordinates N557009.330,
26 E1211019.522, thence running S01 46’58.08’’W approxi-
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1 mately 578 feet to a point with coordinates N556431.405,
2 E1211001.534, thence running S49 49’50.23’’W approxi-
3 mately 69 feet to a point with coordinates N556387.076,
4 E1210949.002, thence running S51 53’0.25’’E approxi-
5 mately 35 feet to a point with coordinates N556365.662,
6 E1210976.316, thence running S49 38’58.48’’W approxi-
7 mately 112 feet to a point with coordinates N556292.989,
8 E1210890.775, thence running N88 13’1.87’’W approxi-
9 mately 109 feet to a point with coordinates N556296.367,
10 E1210782.226, thence running S46 46’58.97’’W approxi-
11 mately 141 feet to a point with coordinates N556199.527,
12 E1210679.164, thence running N88 13’1.77’’W approxi-
13 mately 700 feet to a point with coordinates N556221.305,
14 E1209979.502, thence running N01 46’58.08’’E approxi-
15 mately 250 feet to a point with coordinates N556471.184,
16 E1209987.280, thence running S88 13’1.77’’E approxi-
17 mately 815 feet to a point with coordinates N556445.828,
18 E1210801.886, thence running N01 46’58.08’’E approxi-
19 mately 570 feet to the point of origin.
20 SEC. 327. REGIONAL SEDIMENT MANAGEMENT.
21 The Secretary shall expedite the activities required to
22 be carried out under section 204 of the Water Resources De-
23 velopment Act of 1992 (33 U.S.C. 2326) regarding the use
24 of improvement dredging of the Portsmouth Federal naviga-
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25 tion project in Portsmouth, New Hampshire, as a source
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1 of clean beach fill material to reinforce the stone revetment
2 at Nantasket Beach, Hull, Massachusetts.
3 SEC. 328. ADDITIONAL ASSISTANCE FOR CRITICAL
4 PROJECTS.
5 (a) CONSISTENCY WITH REPORTS.—Congress finds
6 that the project modifications described in this section are
7 in accordance with the reports submitted to Congress by the
8 Secretary under section 7001 of the Water Resources Reform
9 and Development Act of 2014 (33 U.S.C. 2282d), titled ‘‘Re-
10 port to Congress on Future Water Resources Development’’,
11 or have otherwise been reviewed by Congress.
12 (b) MODIFICATIONS.—
13 (1) SACRAMENTO AREA, CALIFORNIA.—Section
14 219(f)(23) of the Water Resources Development Act of
15 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840)
16 is amended to read as follows:
17 ‘‘(23) SACRAMENTO AREA, CALIFORNIA.—
18 $45,000,000 for regional water conservation, recy-
19 cling, reliability, and resiliency projects in Placer, El
20 Dorado, and Sacramento Counties and the San Juan
21 Suburban Water District, California.’’.
22 (2) SOUTH PERRIS, CALIFORNIA.—Section
23 219(f)(52) of the Water Resources Development Act of
24 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat.
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1 2763A–220) is amended by striking ‘‘$25,000,000’’
2 and inserting ‘‘$50,000,000’’.
3 (3) MADISON AND ST. CLAIR COUNTIES, ILLI-
4 NOIS.—Section 219(f)(55) of the Water Resources De-
5 velopment Act of 1992 (106 Stat. 4835; 113 Stat. 335;
6 114 Stat. 2763A–221) is amended by striking
7 ‘‘$10,000,000’’ and inserting ‘‘$45,000,000’’.
8 (4) SOUTHERN AND EASTERN KENTUCKY.—Sec-
9 tion 531 of the Water Resources Development Act of
10 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142;
11 121 Stat. 1226) is amended—
12 (A) in subsection (g), by inserting ‘‘Boyd,
13 Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and
14 (B) in subsection (h), by striking
15 ‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’.
16 (5) DESOTO COUNTY, MISSISSIPPI.—Section
17 219(f)(30) of the Water Resources Development Act of
18 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat.
19 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 Stat.
20 1623) is amended by striking ‘‘$75,000,000’’ and in-
21 serting ‘‘$130,000,000’’.
22 (6) JACKSON COUNTY, MISSISSIPPI.—Section
23 219(e)(1) of the Water Resources Development Act of
24 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 1494;
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1 121 Stat. 1258) is amended by striking
2 ‘‘$32,500,000’’ and inserting ‘‘$57,500,000’’.
3 (7) ST. LOUIS, MISSOURI.—Section 219(f)(32) of
4 the Water Resources Development Act of 1992 (106
5 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is amend-
6 ed by striking ‘‘$35,000,000’’ and inserting
7 ‘‘$70,000,000’’.
8 (8) MIDWEST CITY, OKLAHOMA.—Section
9 219(f)(231) of the Water Resources Development Act
10 of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat.
11 1266) is amended by striking ‘‘$2,000,000’’ and in-
12 serting ‘‘$5,000,000’’.
13 (9) SOUTH CENTRAL PENNSYLVANIA.—Section
14 313 of the Water Resources Development Act of 1992
15 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113
16 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is amend-
17 ed—
18 (A) in subsection (g)(1), by striking
19 ‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’;
20 and
21 (B) in subsection (h)(2), by inserting ‘‘Bea-
22 ver, Jefferson,’’ after ‘‘Washington,’’.
23 (10) LAKES MARION AND MOULTRIE, SOUTH
24 CAROLINA.—Section 219(f)(25) of the Water Resources
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25 Development Act of 1992 (106 Stat. 4835; 113 Stat.
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1 336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat.
2 1677; 132 Stat. 3818) is amended by striking
3 ‘‘$89,550,000’’ and inserting ‘‘$110,000,000’’.
4 (11) EL PASO COUNTY, TEXAS.—Section
5 219(f)(269) of the Water Resources Development Act
6 of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat.
7 1268) is amended by striking ‘‘$25,000,000’’ and in-
8 serting ‘‘$75,000,000’’.
9 (12) WESTERN RURAL WATER.—Section 595 of
10 the Water Resources Development Act of 1999 (113
11 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat.
12 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851;
13 128 Stat. 1316; 130 Stat. 1681) is amended—
14 (A) by striking the section heading and in-
15 serting ‘‘WESTERN RURAL WATER.’’;
16 (B) in subsections (b) and (c), by inserting
17 ‘‘Arizona,’’ before ‘‘Idaho’’ each place it appears;
18 and
19 (C) in subsection (i), by striking ‘‘for the
20 period beginning with fiscal year 2001,
21 $435,000,000, to remain available until ex-
22 pended.’’ and inserting the following: ‘‘, to re-
23 main available until expended—
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1 ‘‘(1) for the period beginning with fiscal year
2 2001, $435,000,000 for Idaho, Montana, rural Ne-
3 vada, New Mexico, rural Utah, and Wyoming; and
4 ‘‘(2) $150,000,000 for Arizona.’’.
5 (13) CENTRAL WEST VIRGINIA.—Section 571(h)
6 of the Water Resources Development Act of 1999 (113
7 Stat. 371; 121 Stat. 1257) is amended by striking
8 ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’.
9 (14) SOUTHERN WEST VIRGINIA.—Section 340(g)
10 of the Water Resources Development Act of 1992 (106
11 Stat. 4856; 110 Stat. 3727; 113 Stat. 320) is amend-
12 ed by striking ‘‘$40,000,000’’ and inserting
13 ‘‘$120,000,000’’.
14 (c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.—Sec-
15 tion 5032(a)(2) of the Water Resources Development Act of
16 2007 (Public Law 110–114, 121 Stat. 1205) is amended
17 by striking ‘‘15’’ and inserting ‘‘20’’.
18 SEC. 329. PROJECT MODIFICATION AUTHORIZATIONS.
19 (a) WATER SUPPLY.—The following project modifica-
20 tions for water supply, as identified in the report entitled
21 ‘‘Report to Congress on Future Water Resources Develop-
22 ment’’ dated February 2019, and submitted to Congress on
23 June 3, 2019, pursuant to section 7001 of the Water Re-
24 sources Reform and Development Act of 2014 (33 U.S.C.
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25 2282d) or otherwise reviewed by Congress, are authorized
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1 to be carried out by the Secretary substantially in accord-
2 ance with the recommendations, included in such report
3 pursuant to section 301(c) of the Water Supply Act of 1958
4 (43 U.S.C. 390b(c)):
5 (1) The project modification for the State of Mis-
6 souri, Clarence Cannon Dam and Mark Twain Lake
7 Project Salt River, Missouri.
8 (2) The project modification for the City of
9 Plattsburg, Smithville Lake, Missouri.
10 (3) The project modification for the City of
11 Smithville, Smithville Lake, Missouri.
12 (b) FLOOD RISK MANAGEMENT.—The following project
13 modifications for flood risk management, as identified in
14 a report entitled ‘‘Report to Congress on Future Water Re-
15 sources Development’’, and submitted to Congress pursuant
16 to section 7001 of the Water Resources Reform and Develop-
17 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed
18 by Congress, are authorized to be carried out by the Sec-
19 retary:
20 (1) Modification of the project for flood risk
21 management, lower Mississippi River, authorized by
22 the Act of May 15, 1928 (chapter 569, 45 Stat. 534),
23 to incorporate the Wolf River Backwater and
24 Nonconnah Creek levee systems into the project, au-
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25 thorized by section 5 of the Act of June 22, 1936
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1 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to
2 the determination of the Secretary that such systems
3 meet all requirements applicable to such project.
4 (2) Modification of the project for flood risk
5 management, Red River below Denison Dam, Arkan-
6 sas, Louisiana, and Texas, authorized by the Act of
7 June 28, 1938 (chapter 795, 52 Stat. 1219), to incor-
8 porate the Cherokee Park Levee into the project, sub-
9 ject to the determination of the Secretary that such
10 levee meets all requirements applicable to such
11 project.
12 SEC. 330. APPLICATION OF CREDIT.
13 Section 7007(d) of the Water Resources Development
14 Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended
15 by inserting ‘‘, or may be applied to reduce the amounts
16 required to be paid by the non-Federal interest under the
17 terms of the deferred payment agreements entered into be-
18 tween the Secretary and the non-Federal interest for the
19 projects authorized by section 7012(a)(1)’’ before the period
20 at the end.
21 SEC. 331. PROJECT REAUTHORIZATIONS.
22 (a) IN GENERAL.—
23 (1) MUDDY RIVER, MASSACHUSETTS.—The sepa-
24 rable elements for ecosystem restoration of the project
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25 for flood damage reduction and environmental res-
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1 toration, Muddy River, Brookline and Boston, Massa-
2 chusetts, authorized by section 522 of the Water Re-
3 sources Development Act of 2000 (114 Stat. 2656),
4 and deauthorized pursuant to section 6001 of the
5 Water Resources Reform and Development Act of
6 2014 (128 Stat. 1345), are authorized to be carried
7 out by the Secretary, subject to subsection (b).
8 (2) EAST CHESTER CREEK, NEW YORK.—Not-
9 withstanding section 1001 of the Water Resources De-
10 velopment Act of 1986 (33 U.S.C. 579a), the project
11 for navigation, East Chester Creek, New York, author-
12 ized by section 101 of the River and Harbor Act of
13 1950 (64 Stat. 164; 100 Stat. 4181), and deauthor-
14 ized pursuant to section 1001 of the Water Resources
15 Development Act of 1986 (33 U.S.C. 579(a)), is au-
16 thorized to be carried out by the Secretary, subject to
17 subsection (b).
18 (3) CHRISTIANSTED HARBOR, UNITED STATES
19 VIRGIN ISLANDS.—Notwithstanding section 1002 of
20 the Water Resources Development Act of 1986 (100
21 Stat. 4221), the portion of the project for navigation,
22 Christiansted Harbor, St. Croix, United States Virgin
23 Islands, authorized by section 101 of the River and
24 Harbor Act of 1950 (64 Stat. 167), and deauthorized
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25 under section 1002 of the Water Resources Develop-
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1 ment Act of 1986 (100 Stat. 4221), is authorized to
2 be carried out by the Secretary, subject to subsection
3 (b).
4 (4) CHARLOTTE HARBOR, UNITED STATES VIRGIN
5 ISLANDS.—Notwithstanding section 1002 of the Water
6 Resources Development Act of 1986 (100 Stat. 4221),
7 the portion of the project for navigation, Charlotte
8 Amalie (St. Thomas) Harbor, St. Thomas, United
9 States Virgin Islands, authorized by the Act of August
10 26, 1937 (chapter 832, 50 Stat. 850), and deauthor-
11 ized under section 1002 of the Water Resources Devel-
12 opment Act of 1986 (100 Stat. 4221), is authorized to
13 be carried out by the Secretary, subject to subsection
14 (b).
15 (b) REPORT TO CONGRESS.—The Secretary shall com-
16 plete and submit to the Committee on Transportation and
17 Infrastructure of the House of Representatives and the Com-
18 mittee on Environment and Public Works of the Senate a
19 post-authorization change report (as such term is defined
20 in section 1132(d) of the Water Resources Development Act
21 of 2016 (33 U.S.C. 2282e(d)) prior to carrying out a project
22 identified in subsection (a).
23 SEC. 332. CONVEYANCES.
24 (a) GENERALLY APPLICABLE PROVISIONS.—
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1 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—
2 The exact acreage and the legal description of any
3 real property to be conveyed under this section shall
4 be determined by a survey that is satisfactory to the
5 Secretary.
6 (2) APPLICABILITY OF PROPERTY SCREENING
7 PROVISIONS.—Section 2696 of title 10, United States
8 Code, shall not apply to any conveyance under this
9 section.
10 (3) COSTS OF CONVEYANCE.—An entity to which
11 a conveyance is made under this section shall be re-
12 sponsible for all reasonable and necessary costs, in-
13 cluding real estate transaction and environmental
14 documentation costs, associated with the conveyance.
15 (4) LIABILITY.—An entity to which a conveyance
16 is made under this section shall hold the United
17 States harmless from any liability with respect to ac-
18 tivities carried out, on or after the date of the convey-
19 ance, on the real property conveyed. The United
20 States shall remain responsible for any liability with
21 respect to activities carried out, before such date, on
22 the real property conveyed.
23 (5) ADDITIONAL TERMS AND CONDITIONS.—The
24 Secretary may require that any conveyance under
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25 this section be subject to such additional terms and
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1 conditions as the Secretary considers necessary and
2 appropriate to protect the interests of the United
3 States.
4 (b) EUFAULA, ALABAMA.—
5 (1) CONVEYANCE AUTHORIZED.—The Secretary
6 shall convey to the City of Eufaula, Alabama, all
7 right, title, and interest of the United States in and
8 to the real property described in the Department of
9 the Army Lease No. DACW01–2–17–0747, containing
10 56.76 acres, more or less, and being a part of Tracts
11 L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278
12 (6.75 acres), and L1279 (10.36 acres) of the Walter
13 F. George Lock and Dam and Lake project.
14 (2) DEED.—The Secretary shall convey the prop-
15 erty under this subsection by quitclaim deed under
16 such terms and conditions as the Secretary deter-
17 mines appropriate to protect the interests of the
18 United States.
19 (3) CONSIDERATION.—The City of Eufaula, Ala-
20 bama, shall pay to the Secretary an amount that is
21 not less than the fair market value of the property
22 conveyed under this subsection, as determined by the
23 Secretary.
24 (c) MONTGOMERY, ALABAMA.—
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1 (1) CONVEYANCE AUTHORIZED.—The Secretary
2 shall convey to the City of Montgomery, Alabama, all
3 right, title, and interest of the United States in and
4 to the real property described in paragraph (2).
5 (2) PROPERTY.—The property to be conveyed is
6 the 62.38 acres of land and water under the primary
7 jurisdiction of the Secretary in the R.E. ‘‘Bob’’ Wood-
8 ruff Project Area that is covered by lease number
9 DACW01–1–05–0037, including the parcels and
10 structure known as ‘‘Powder Magazine’’.
11 (3) DEED.—The Secretary shall convey the prop-
12 erty under this subsection by quitclaim deed under
13 such terms and conditions as the Secretary deter-
14 mines appropriate to protect the interests of the
15 United States, to include retaining the right to inun-
16 date with water any land transferred under this sub-
17 section.
18 (4) CONSIDERATION.—The City of Montgomery,
19 Alabama, shall pay to the Secretary an amount that
20 is not less than the fair market value of the property
21 conveyed under this subsection, as determined by the
22 Secretary.
23 (d) OHIO RIVER LOCK AND DAM NUMBER 52, MASSAC
24 COUNTY, ILLINOIS.—
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1 (1) CONVEYANCE AUTHORIZED.—The Secretary
2 shall convey to the Massac-Metropolis Port District,
3 Illinois, all right, title, and interest of the United
4 States in and to any real property located north of
5 the south bank of the Ohio River in Massac County,
6 Illinois, that is associated with the Ohio River Lock
7 and Dam 52.
8 (2) DEED.—The Secretary shall convey the prop-
9 erty under this subsection by quitclaim deed under
10 such terms and conditions as the Secretary deter-
11 mines appropriate to protect the interests of the
12 United States.
13 (3) CONSIDERATION.—The Massac-Metropolis
14 Port District, Illinois, shall pay to the Secretary an
15 amount that is not less than fair market value of the
16 property conveyed under this subsection, as deter-
17 mined by the Secretary.
18 (e) CLINTON, MISSOURI.—
19 (1) CONVEYANCE AUTHORIZED.—The Secretary
20 shall convey to the City of Clinton, Missouri, without
21 consideration, all right, title, and interest of the
22 United States in and to the real property described
23 in paragraph (2).
24 (4) PROPERTY.—The property to be conveyed is
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25 a tract of land situated in the S 1⁄2 of Section 12 and
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1 the N 1⁄2 of Section 13, Township 41 North, Range 26
2 West of the Fifth Principal Meridian, Henry County,
3 Missouri, more particularly described as follows: Be-
4 ginning at the point of intersection of the north line
5 of said S 1⁄2 of Section 12 and the easterly right-of-
6 way of State Highway No. 13; thence easterly along
7 the north line of said S 1⁄2 to the northeast corner of
8 the W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 of said Section 12;
9 thence southerly along the east line of said W 1⁄2 NW
10 14⁄ NE 1⁄4 SW 1⁄4 to the southeast corner thereof;
11 thence easterly along the north line of the S 1⁄2 NE
12 14⁄ SW 1⁄4 of said Section 12 to the southwest corner
13 of the W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 of said Section 12;
14 thence in a northeasterly direction to the northeast
15 corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 ; thence
16 easterly along the north line of said S 1⁄2 to the west-
17 erly right-of-way of the County Road; thence in a
18 southeasterly and southerly direction along the west-
19 erly right-of-way of said County Road approximately
20 2500 feet to the center of Deer Creek; thence in a
21 southwesterly direction along the center of said Deer
22 Creek, approximately 3900 feet to the south line of
23 said N 1⁄2 of Section 13; thence westerly along the
24 south line of said N 1⁄2 to the easterly right-of-way
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25 line of the St. Louis-San Francisco Railroad; thence
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1 in a northwesterly direction along the easterly right-
2 of-way of said railroad to the easterly right-of-way of
3 said State Highway No. 13; thence in a northeasterly
4 direction along the easterly right-of-way of said State
5 Highway No. 13 to the point of the beginning; and
6 including a roadway easement for ingress and egress,
7 described as a strip of land 80 feet in width, lying
8 40 feet on each side of the following described line, the
9 initial extremities of the following described strip
10 being extended or reduced as required to exactly ad-
11 join the boundary lines which they meet, situated in
12 the S 1⁄2 of Section 12, Township 41 North Range 26
13 West of the Fifth Principal Meridian, Henry County,
14 Missouri, more particularly described as follows:
15 Commencing at the center of said Section 12, thence
16 Sl°24’56’’W, 1265.52 feet to a point, thence
17 N88°29’02’’W, 483.97 feet to the point of beginning of
18 the strip of land herein described; thence in a north-
19 easterly direction along a curve to the right, said
20 curve having an initial tangent bearing of
21 N3°44’4l’’E, a radius of 238.73 feet and an interior
22 angle of 61°29’26’’, an arc distance of 256.21 feet to
23 a point; thence N65°14’07’’E 218.58 feet to a point;
24 thence in a northeasterly direction along a curve to
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25 the left, having a radius of 674.07 feet and an inte-
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1 rior angle of 36°00’01’’, an arc distance of 423.53 feet
2 to a point; thence N29°14’07’’E, 417.87 feet to a
3 point; thence northeasterly along a curve to the right,
4 having a radius of 818.51 feet and an interior angle
5 of 14°30’01’’, an arc distance of 207.15 feet to a
6 point; thence N43°44’07’’E, 57.00 feet to the southerly
7 right-of-way line of a county road, containing 2,948
8 acres, more or less; Excluding therefrom a tract of
9 land situated in the S 1⁄2 of said Section 12, said
10 Township and Range, described as commencing at the
11 center of said Section 12; thence S1°24’56’’W, 1265.52
12 feet to the point of beginning of the tract of land here-
13 in described; thence N88°29’02″W, 1122.50 feet; thence
14 S1°43’26″W, 872.62 feet; thence S88°29’02’’E,
15 1337.36 feet; thence Nl°43’26’’E, 872.62 feet; thence
16 N88°29’02’’W, 214.86 feet to the point of beginning,
17 containing 26.79 acres, more or less. The above de-
18 scribed tract contains, in the aggregate, 177.69 acres,
19 more or less.
20 (2) DEED.—The Secretary shall convey the prop-
21 erty under this subsection by quitclaim deed under
22 such terms and conditions as the Secretary deter-
23 mines appropriate to protect the interests of the
24 United States.
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1 (3) REVERSION.—If the Secretary determines
2 that the property conveyed under this subsection is
3 not being used for a public purpose, all right, title,
4 and interest in and to the property shall revert, at the
5 discretion of the Secretary, to the United States.
6 (f) CITY OF CLINTON, OLD ORCHARD ADDITION, MIS-
7 SOURI.—
8 (1) CONVEYANCE AUTHORIZED.—The Secretary
9 shall convey to the City of Clinton, Missouri, all
10 right, title, and interest of the United States in and
11 to the real property described in paragraph (2).
12 (2) PROPERTY.—The property to be conveyed is
13 Lot 28 in Old Orchard Addition, a subdivision of the
14 City of Clinton, Henry County, Missouri, containing
15 0.36 acres, more or less, including any improvements
16 thereon.
17 (3) DEED.—The Secretary shall convey the prop-
18 erty under this subsection by quitclaim deed under
19 such terms and conditions as the Secretary deter-
20 mines appropriate to protect the interests of the
21 United States, including such reservations, terms, and
22 conditions as the Secretary determines necessary to
23 allow the United States to operate and maintain the
24 Harry S. Truman Reservoir Project.
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1 (4) CONSIDERATION.—The City of Clinton, Mis-
2 souri, shall pay to the Secretary an amount that is
3 not less than the fair market value of the property
4 conveyed under this subsection, as determined by the
5 Secretary.
6 (g) TRI-COUNTY LEVEE DISTRICT, MISSOURI.—
7 (1) CONVEYANCE AUTHORIZED.—The Secretary
8 shall convey to the Tri-County Levee District, Mis-
9 souri, all right, title, and interest of the United States
10 in and to the real property described in paragraph
11 (2).
12 (2) PROPERTY.—The property to be conveyed is
13 the part of Sections 1 and 12 Township 45 North
14 Range 6 West of the 5th P.M. in Montgomery County,
15 Missouri, described as follows: A tract of land being
16 60’ wide and lying South and East of and adjoining
17 the centerline of the existing levee and being described
18 as follows: Commencing at the NW corner of Section
19 12, thence S 87° 52’ 35’’ E 587.4’, thence S 01° 29’
20 25’’ W 453.68’ to the point of the beginning; said
21 point being in the center of the levee, thence with the
22 centerline of the levee N 77° 01’ 30’’ E 164.92’, thence
23 N 74° 26’ 55’’ E 250.0’, thence N 72° 27’ 55’’ E
24 270.0’, thence N 69° 06’ 10’’ E 300.0’, thence N 66°
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25 42’ 15’’ E 500.0’, thence N 64° 14’ 30’’ E 270.0’,
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1 thence N 61° 09’ 10’’ E 800.0’, thence N 60° 58’ 15’’
2 E 1724.45’, thence leaving the centerline S 01° 10’
3 35’’ W 69.43’, thence parallel with the above described
4 centerline S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’
5 10’’ W 801.71’, thence S 64° 14’ 30’’ W 272.91’,
6 thence S 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’
7 W 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S
8 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W
9 181.75’, thence leaving the South side of the levee N
10 01° 26’ 25’’ E 61.96’ to the point of beginning and
11 containing 5.89 acres more or less.
12 (3) DEED.—The Secretary shall convey the prop-
13 erty under this subsection by quitclaim deed under
14 such terms and conditions as the Secretary deter-
15 mines appropriate to protect the interests of the
16 United States.
17 (4) CONSIDERATION.—The Tri-County Levee
18 District, Missouri, shall pay to the Secretary an
19 amount that is not less than the fair market value of
20 the property conveyed under this subsection, as deter-
21 mined by the Secretary.
22 (h) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.—
23 (1) NON-FEDERAL ENTITY.—In this subsection,
24 the term ‘‘non-Federal entity’’ means the Friends of
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1 Joseph Barker, Jr., House, a nonprofit organization
2 in the State of Ohio.
3 (2) CONVEYANCE AUTHORIZED.—
4 (A) IN GENERAL.—Subject to paragraph
5 (6), the Secretary shall convey to the non-Federal
6 entity, without consideration, all right, title, and
7 interest of the United States in and to the prop-
8 erty described in paragraph (3)(A).
9 (B) EASEMENT.—Upon conveyance of the
10 property under subparagraph (A), the Secretary
11 shall provide to the non-Federal entity, without
12 consideration, an easement over the property de-
13 scribed in paragraph (3)(B) for access to the
14 conveyed property for as long as the non-Federal
15 entity is in legal possession of the conveyed prop-
16 erty.
17 (3) DESCRIPTIONS OF PROPERTY.—
18 (A) IN GENERAL.—The property referred to
19 in paragraph (2)(A) is the following (as in exist-
20 ence on the date of enactment of this Act):
21 (i) JUDGE JOSEPH BARKER, JR.,
22 HOUSE.—The tract of land situated in the
23 State of Ohio, Washington County, on the
24 Ohio River, and being particularly bounded
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25 and described as follows: Beginning at a
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1 point located on the southern right-of-way
2 line of Ohio Route 7, a new corner to the
3 land now or formerly owned by the United
4 States of America; thence, leaving the right-
5 of-way of said Route 7 and severing the
6 land of said United States of America par-
7 allel to and approximately 10 feet easterly
8 of the toe of the existing dredge disposal
9 berm, southeasterly approximately 326 feet
10 to a point prior to the current Corps of En-
11 gineers access to the dredging spoil area;
12 thence, northeasterly approximately 480 feet
13 paralleling the top of the slope to the river-
14 bank side of the house and approximately
15 25 feet northerly therefrom; thence, north-
16 west approximately 302 feet to a point in
17 the southern right-of-way of Ohio Route 7;
18 thence with the right-of-way of said Route
19 7, southwesterly approximately 485 feet to
20 the point of beginning, containing approxi-
21 mately 3.51 acres.
22 (ii) ROAD TRACT.—The tract of land
23 situated in the State of Ohio, Washington
24 County, on the Ohio River, and being par-
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25 ticularly bounded and described as follows:
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1 Beginning at a point located on the south-
2 ern right-of-way line of Ohio Route 7, a
3 new corner to the land now or formerly
4 owned by the United States of America;
5 thence, leaving the right-of-way of said
6 Route 7 and severing the land of said
7 United States of America and with the
8 House Parcel southeasterly 25 feet; thence,
9 northeast, running parallel to said Route 7
10 right-of-way, approximately 994 feet to a
11 point of deflection; thence northeasterly 368
12 feet to a point beyond the existing fence cor-
13 ner; thence, east 140 feet to the edge of the
14 existing Willow Island access road; thence
15 with said access road, northwesterly ap-
16 proximately 62 feet to a point in the south-
17 ern right-of-way of Ohio Route 7; thence
18 with the right-of-way of said Route 7,
19 southwesterly approximately 1,491 feet to
20 the point of beginning, containing approxi-
21 mately 1 acre.
22 (B) EASEMENT.—The property referred to
23 in paragraph (2)(B) is the following: The tract
24 of land situated in the State of Ohio, Wash-
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25 ington County, on the Ohio River, and being
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1 particularly bounded and described as follows:
2 Beginning at a point at the intersection of the
3 southern right-of-way of Ohio Route 7 and the
4 northeast side of the existing Willow Island ac-
5 cess road, a new corner to the land now or for-
6 merly owned by the United States of America;
7 thence, southwest, running with said Route 7
8 right-of-way, approximately 30 feet to a point on
9 the southwest side of the existing access road,
10 and corner to the road tract; thence with said ac-
11 cess road and the line of the road parcel, south-
12 easterly approximately 62 feet to a point; thence
13 leaving the road parcel and crossing the existing
14 access road northeasterly approximately 30 feet
15 to a point located on the northeast side of the ex-
16 isting access road; thence, northwesterly approxi-
17 mately 62 feet, to the point of beginning, con-
18 taining approximately 0.04 acre.
19 (4) DEED.—The Secretary shall convey the prop-
20 erty under this subsection by quitclaim deed under
21 such terms and conditions as the Secretary deter-
22 mines appropriate to protect the interests of the
23 United States.
24 (5) REVERSION.—If the Secretary determines
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25 that the property conveyed under this subsection is
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1 not being used by the non-Federal entity for a public
2 purpose, all right, title, and interest in and to the
3 property shall revert, at the discretion of the Sec-
4 retary, to the United States.
5 (6) REQUIREMENTS.—
6 (A) IMPROVEMENTS.—The Secretary shall
7 make such improvements and alterations to the
8 property described in paragraph (3)(A)(i) as the
9 Secretary, in consultation with the non-Federal
10 entity and relevant stakeholders, determines to be
11 appropriate to facilitate conveyance of the prop-
12 erty and provision of the easement under this
13 subsection, subject to the condition that the total
14 cost of those improvements and alterations un-
15 dertaken by the Secretary shall be not more than
16 $120,000.
17 (B) ENVIRONMENTAL ASSESSMENT.—Before
18 making a conveyance under paragraph (2), the
19 Secretary shall—
20 (i) conduct, with respect to the prop-
21 erty to be conveyed, an assessment of the en-
22 vironmental condition of the property, in-
23 cluding an investigation of any potential
24 hazardous, toxic, or radioactive waste
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25 present on such property; and
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1 (ii) submit to the non-Federal entity a
2 report describing the results of such assess-
3 ment.
4 (C) REFUSAL BY NON-FEDERAL ENTITY.—
5 (i) IN GENERAL.—Upon review by the
6 non-Federal entity of the report under sub-
7 paragraph (B), the non-Federal entity may
8 elect to refuse the conveyance under this
9 subsection.
10 (ii) ELECTION.—An election under
11 clause (i)—
12 (I) shall be at the sole discretion
13 of the non-Federal entity; and
14 (II) shall be made by the non-Fed-
15 eral entity by not later than the date
16 that is 30 days after the date of sub-
17 mission of the report under subpara-
18 graph (B)(ii).
19 (D) DREDGED MATERIAL PLACEMENT AC-
20 TIVITIES.—The Secretary shall—
21 (i) notify and coordinate with the non-
22 Federal entity and relevant stakeholders be-
23 fore carrying out any dredged material
24 placement activities associated with the
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25 property described in paragraph (3)(A)
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1 after the date on which such property is
2 conveyed under this subsection; and
3 (ii) in carrying out a dredged material
4 placement activity under clause (i), act in
5 accordance with Engineer Manual EM
6 1110–2–5025 (or a subsequent version of
7 that manual).
8 (7) RESERVATION OF RIGHTS.—The Secretary
9 may reserve and retain from any conveyance under
10 this subsection a right-of-way or any other right that
11 the Secretary determines to be necessary for the oper-
12 ation and maintenance of the authorized Federal
13 channel along the Ohio River.
14 (8) TREATMENT.—Conveyance to the non-Fed-
15 eral entity under this subsection of property described
16 in paragraph (3)(A)(i) shall satisfy all obligations of
17 the Secretary with respect to such property under—
18 (A) section 306101 of title 54, United States
19 Code; and
20 (B) section 306108 of title 54, United States
21 Code, with respect to the effects on the property
22 of dredged material placement activities carried
23 out by the Secretary after the date of the convey-
24 ances.
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1 (9) INAPPLICABILITY.—Subtitle I of title 40, and
2 chapter 4 of title 41, United States Code shall not
3 apply to any conveyance or easement provided under
4 this subsection.
5 (i) LEABURG FISH HATCHERY, LANE COUNTY, OR-
6 EGON.—
7 (1) CONVEYANCE AUTHORIZED.—Subject to the
8 provisions of this subsection, the Secretary shall con-
9 vey, without consideration, to the State of Oregon,
10 acting through the Oregon Department of Fish and
11 Wildlife, all right, title, and interest of the United
12 States in and to the real property comprising the
13 Leaburg Fish Hatchery, consisting of approximately
14 21.55 acres, identified as tracts Q–1500, Q–1501E,
15 and 300E–1 and described in Department of the
16 Army Lease No. DACW57–1–18–0009, together with
17 any improvements on the property.
18 (2) WATER RIGHTS.—The Secretary may trans-
19 fer to the State of Oregon, acting through the Oregon
20 Department of Fish and Wildlife, any water rights
21 held by the United States that are appurtenant to the
22 property conveyed under this subsection.
23 (3) DEED.—The Secretary shall convey the prop-
24 erty under this subsection by quitclaim deed under
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25 such terms and conditions as the Secretary deter-
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1 mines appropriate to protect the interests of the
2 United States, including a condition that all of the
3 property conveyed under this subsection be used and
4 maintained by the State of Oregon for the purpose of
5 operating a fish hatchery in perpetuity.
6 (4) REVERSION.—If the Secretary determines
7 that the property conveyed under this subsection is
8 not being used or maintained by the State of Oregon
9 for the purpose of operating a fish hatchery in per-
10 petuity, all or any portion of the property, including
11 any water rights transferred under this subsection,
12 shall, at the option of the Secretary, revert to the
13 United States.
14 (5) SAVINGS CLAUSE.—If the State of Oregon
15 does not accept the conveyance under this subsection,
16 the Secretary may dispose of the property, including
17 appurtenant water rights, under subchapter III of
18 chapter 5 of title 40, United States Code.
19 (j) WILLAMETTE FALLS LOCKS, WILLAMETTE RIVER,
20 OREGON.—
21 (1) DEFINITIONS.—In this section:
22 (A) REAL ESTATE APPENDIX.—The term
23 ‘‘real estate appendix’’ means Appendix A of the
24 document published by the District Commander
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25 of the Portland District of the Corps of Engi-
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1 neers, titled ‘‘Willamette Falls Locks Willamette
2 River Oregon Section 216 Disposition Study
3 with Integrated Environmental Assessment’’.
4 (B) RECEIVING ENTITY.—The term ‘‘receiv-
5 ing entity’’ means an entity identified by the
6 State of Oregon, in consultation with the Wil-
7 lamette Falls Locks Commission, to receive the
8 conveyance under paragraph (2).
9 (C) WILLAMETTE FALLS LOCKS PROJECT.—
10 The term ‘‘Willamette Falls Locks project’’
11 means the project for navigation, Willamette
12 Falls Locks, Willamette River, Oregon, author-
13 ized by the Act of June 25, 1910 (36 Stat. 664,
14 chapter 382).
15 (D) WILLAMETTE FALLS LOCKS REPORT.—
16 The term ‘‘Willamette Falls Locks report’’ means
17 the memorandum of the Director of Civil Works
18 with the subject ‘‘Willamette Falls Locks (WFL),
19 Willamette River Oregon Section 216 Disposi-
20 tion Study with Integrated Environmental As-
21 sessment (Study)’’, dated July 11, 2019.
22 (2) CONVEYANCE AUTHORIZED.—The Secretary
23 is authorized to convey to the receiving entity, with-
24 out consideration, all right, title, and interest of the
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25 United States in and to any land in which the Fed-
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1 eral Government has a property interest for the Wil-
2 lamette Falls Locks project, together with any im-
3 provements on the land, subject to the requirements of
4 this subsection and in accordance with the Willamette
5 Falls Locks report.
6 (3) DEED.—The Secretary shall convey the prop-
7 erty under this subsection by quitclaim deed under
8 such terms and conditions as the Secretary deter-
9 mines appropriate to protect the interests of the
10 United States.
11 (4) SUBJECT TO EXISTING EASEMENTS AND
12 OTHER INTERESTS.—The conveyance of property
13 under paragraph (2) shall be subject to all existing
14 deed reservations, easements, rights-of-way, and leases
15 that are in effect as of the date of the conveyance.
16 (5) REVERSION.—If the Secretary determines
17 that the property conveyed under this subsection cease
18 to be held in public ownership, all right, title, and in-
19 terest in and to the property shall revert, at the dis-
20 cretion of the Secretary, to the United States.
21 (6) REQUIREMENTS BEFORE CONVEYANCE.—
22 (A) PERPETUAL ROAD EASEMENT.—Before
23 making the conveyance under paragraph (2), the
24 Secretary shall acquire a perpetual road ease-
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25 ment from an adjacent property owner for use of
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1 an access road, which easement shall convey with
2 the property conveyed under such paragraph.
3 (B) ENVIRONMENTAL COMPLIANCE.—Before
4 making the conveyance under paragraph (2), in
5 accordance with the real estate appendix, the
6 Secretary shall complete a Phase 1 Environ-
7 mental Site Assessment pursuant to the Com-
8 prehensive Environmental Response, Compensa-
9 tion, and Liability Act of 1980 (42 U.S.C. 9601
10 et seq.).
11 (C) HISTORIC PRESERVATION.—The Sec-
12 retary may enter into a memorandum of agree-
13 ment with the Oregon State Historic Preserva-
14 tion Office and the Advisory Council on Historic
15 Preservation that identifies actions the Secretary
16 shall take before making the conveyance under
17 paragraph (2).
18 (D) REPAIRS.—Before making the convey-
19 ance under paragraph (2), the Secretary shall
20 carry out repairs to address primary seismic
21 and safety risks in accordance with the rec-
22 ommendations approved in the Willamette Falls
23 Locks report.
24 (7) DEAUTHORIZATION.—Beginning on the date
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25 on which the Secretary makes the conveyance under
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1 paragraph (2), the Willamette Falls Locks project is
2 no longer authorized.
3 SEC. 333. REPEALS.
4 (a) Section 1001 of the Water Resources Development
5 Act of 1986 (33 U.S.C. 579a) is amended—
6 (1) in subsection (b), by striking paragraph (2)
7 and redesignating paragraph (3) as paragraph (2);
8 and
9 (2) by striking subsection (c).
10 (b) Section 6003 of the Water Resources Reform and
11 Development Act of 2014 (33 U.S.C. 579c) (and the item
12 relating to such section in the table of contents) are re-
13 pealed.
14 (c) Section 1301 of the Water Resources Development
15 Act of 2016 (33 U.S.C. 579d) (and the item relating to such
16 section in the table of contents) are repealed.
17 (d) Section 1302 of the Water Resources Development
18 Act of 2016 (33 U.S.C. 579c–1) (and the item relating to
19 such section in the table of contents) are repealed.
20 (e) Section 1301 of the Water Resources Development
21 Act of 2018 (33 U.S.C. 579d–1) (and the item relating to
22 such section in the table of contents) are repealed.
23 (f) Section 1302 of the Water Resources Development
24 Act of 2018 (33 U.S.C. 579c–2) (and the item relating to
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25 such section in the table of contents) are repealed.
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1 TITLE IV—WATER RESOURCES
2 INFRASTRUCTURE
3 SEC. 401. PROJECT AUTHORIZATIONS.
4 The following projects for water resources development
5 and conservation and other purposes, as identified in the
6 reports titled ‘‘Report to Congress on Future Water Re-
7 sources Development’’ submitted to Congress pursuant to
8 section 7001 of the Water Resources Reform and Develop-
9 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed
10 by Congress, are authorized to be carried out by the Sec-
11 retary substantially in accordance with the plans, and sub-
12 ject to the conditions, described in the respective reports or
13 decision documents designated in this section:
14 (1) NAVIGATION.—
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
1. AK Port of Nome May 29, Federal: $368,173,000
Modifications 2020 Non-Federal: $122,746,000
Total: $490,919,000
2. AK Unalaska (Dutch February 7, Federal: $26,202,750
Harbor) Chan- 2020 Non-Federal: $8,734,250
nels Total: $34,937,000
3. CT New Haven Har- May 7, 2020 Federal: $53,489,000
bor Navigation Non-Federal: $18,822,000
Improvement Total: $72,311,000
Project
4. NY, New York and April 23, Federal: $18,940,000
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NJ New Jersey 2020 Non-Federal: $6,310,000
Harbor Anchor- Total: $25,250,000
ages
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C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
5. TX Gulf Intracoastal October 23, Total: $409,777,000, to be de-
Waterway, 2019 rived 1⁄2 from the general
Brazos River fund of the Treasury and
Floodgates and 1⁄2 from the Inland Water-
Colorado River ways Trust Fund.
Locks
6. TX Houston Ship April 23, Federal: $462,803,000
Channel Expan- 2020 Non-Federal: $414,045,000
sion Channel Total: $876,848,000
Improvement
Project, Harris,
Chambers, and
Galveston Coun-
ties
7. TX Matagorda Ship November 15, Federal: $138,660,000
Channel Im- 2019 Non-Federal: $79,664,000
provement Total: $218,324,000
Project, Port
Lavaca
1 (2) FLOOD RISK MANAGEMENT.—
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
1. AZ Little Colorado December 14, Federal: $52,462,000
River at Wins- 2018 Non-Federal: $28,249,000
low, Navajo Total: $80,711,000
County
2. CA Westminster, East July 9, 2020 Federal: $314,506,000
Garden Grove, Non-Federal: $910,092,000
California Flood Total: $1,224,598,000
Risk Manage-
ment
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C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
3. CT, Westchester Coun- May 7, 2020 Federal: $14,702,500
NY ty Streams, Non-Federal: $14,702,500
Byram River Total: $29,405,000
Basin, Fairfield
County, Con-
necticut, and
Westchester
County, New
York
4. ND Souris River April 16, Federal: $58,041,750
Basin Flood 2019 Non-Federal: $31,253,250
Risk Manage- Total: $89,295,000
ment
5. NJ Peckman River April 29, Federal: $95,022,000
Basin 2020 Non-Federal: $51,166,000
Total: $146,188,000
6. NM Middle Rio March 13, Federal: $190,538,000
Grande Flood 2020 Non-Federal: $102,598,000
Protection, Total: $293,136,000
Bernalillo to
Belen
7. OK Tulsa and West- April 23, Federal: $86,780,000
Tulsa Levee 2020 Non-Federal: $46,728,000
System, Tulsa Total: $133,508,000
County
1 (3) HURRICANE AND STORM DAMAGE RISK RE-
2 DUCTION.—
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C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
1. DE Delaware Bene- March 6, Initial Federal: $53,220,000
ficial Use of 2020 Initial Non-Federal:
Dredged Mate- $28,660,000
rial for the Total: $81,880,000
Delaware River Renourishment Federal:
$116,380,000
Renourishment Non-Federal:
$116,380,000
Renourishment Total:
$232,760,000
2. NJ New Jersey Bene- April 8, Initial Federal: $80,780,000
ficial Use of 2020 Initial Non-Federal:
Dredged Mate- $43,500,000
rial for the Total: $124,280,000
Delaware River Renourishment Federal:
$82,140,000
Renourishment Non-Federal:
$82,140,000
Renourishment Total:
$164,280,000
3. NJ Rahway River June 9, 2020 Federal: $46,754,000
Basin, New Jer- Non-Federal: $25,175,000
sey Coastal Total: $71,929,000
Storm Risk
Management
4. NY East Rockaway August 22, Initial Federal: $604,203,000
Inlet to Rock- 2019 Initial Non-Federal: $0
away Inlet and Total: $604,203,000
Jamaica Bay, Renourishment Federal:
Atlantic Coast $189,763,000
of New York Renourishment Non-Federal:
$189,763,000
Renourishment Total:
$379,526,000
5. NY Hashamomuck December 9, Initial Federal: $11,549,000
Cove Coastal 2019 Initial Non-Federal:
Storm Risk $6,218,000
Management Total: $17,767,000
Renourishment Federal:
$23,481,500
Renourishment Non-Federal:
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$23,481,500
Renourishment Total:
$46,963,000
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C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
6. RI Pawcatuck River December 19, Federal: $37,848,000
Coastal Storm 2018 Non-Federal: $20,379,000
Risk Manage- Total: $58,227,000
ment Project
7. VA Norfolk Coastal February 5, Federal: $909,040,000
Storm Risk 2019 Non-Federal: $489,480,000
Management Total: $1,398,520,000
1 (4) FLOOD RISK MANAGEMENT AND ECOSYSTEM
2 RESTORATION.—
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
1. CO South Platte River July 29, Federal: $334,412,000
and Tributaries, 2019 Non-Federal: $200,406,000
Adams and Total: $534,818,000
Denver Counties
2. NY Fire Island Inlet July 9, 2020 Initial Federal:
to Montauk $1,541,981,000
Point, New York Initial Non-Federal: $0
Reformulation Total: $1,541,981,000
Renourishment Federal:
$742,926,500
Renourishment Non-Federal:
$742,926,500
Renourishment Total:
$1,485,853,000
3 (5) ECOSYSTEM RESTORATION.—
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
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1. CA Delta Islands and December 18, Federal: $16,746,395
Levees 2018 Non-Federal: $9,016,736
Total: $25,763,131
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193
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
2. CA Yuba River Eco- June 20, Federal: $65,014,326
system Restora- 2019 Non-Federal: $35,008,268
tion Total: $100,022,594
3. FL Comprehensive Ev- April 8, Federal: $372,232,000
erglades Res- 2020 Non-Federal: $368,528,000
toration Plan, Total: $740,760,000
Loxahatchee
River Watershed
Restoration
Project, Martin
and Palm Beach
Counties
4. IL The Great Lakes May 23, Federal: $690,643,200
and Mississippi 2019 Non-Federal: $172,660,800
River Interbasin Total: $863,304,000
Study - Bran-
don Road, Will
County
5. IL South Fork of the July 9, 2020 Federal: $11,657,000
South Branch of Non-Federal: $6,277,000
the Chicago Total: $17,934,000
River, Bubbly
Creek, Eco-
system Restora-
tion
6. MD Anacostia Water- December 19, Federal: $23,171,000
shed Restora- 2018 Non-Federal: $12,476,000
tion, Prince Total: $35,647,000
George’s County
7. MO St. Louis November 1, Federal: $60,124,000
Riverfront- 2019 Non-Federal: $32,375,000
Meramec River Total: $92,499,000
Basin Eco-
system Restora-
tion
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C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
8. NM Rio Grande, Envi- August 5, Federal: $16,163,000
ronmental Man- 2019 Non-Federal: $8,703,000
agement Pro- Total: $24,866,000
gram, Sandia
Pueblo to Isleta
Pueblo, New
Mexico Eco-
system Restora-
tion
9. NY, Hudson-Raritan May 26, Federal: $265,320,000
NJ Estuary Eco- 2020 Non-Federal: $142,864,000
system Restora- Total: $408,184,000
tion
10. TX Jefferson County September Federal: $37,615,000
Ecosystem Res- 12, 2019 Non-Federal: $20,254,000
toration Total: $57,869,000
1 (6) WATER SUPPLY.—
C.
Date of D.
A. B. Report of Estimated
State Name Chief of Costs
Engineers
1. OR Willamette River December 18, Federal: $0
Basin Review 2019 Non-Federal: $0
Reallocation, Total: $0
2 (7) MODIFICATIONS AND OTHER PROJECTS.—
C. D.
A. B. Date of Estimated
State Name Decision Costs
Document
1. KY Kentucky Lock June 9, 2020 Total: $1,152,769,000 (to be
derived 1⁄2 from the general
fund of the Treasury and
1⁄2 from the Inland Water-
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ways Trust Fund)
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C. D.
A. B. Date of Estimated
State Name Decision Costs
Document
2. NC Carolina Beach June 16, Federal: $24,205,000
Integrated 2020 Non-Federal: $24,205,000
Beach Re- Total: $48,410,000
nourishment
3. NC Wrightsville Beach July 2, 2020 Federal: $53,788,000
Non-Federal: $22,329,000
Total: $76,117,000
Renourishment Federal:
$14,553,000
Renourishment Non-Federal:
$14,553,000
Renourishment Total:
$29,106,000
4. TX Corpus Christi May 4, 2020 Federal: $403,000,000
Ship Channel, Non-Federal: $273,010,000
Deepening and Total: $676,010,000
Widening and
Barge Shelves
1 SEC. 402. SPECIAL RULES.
2 (a) GREAT LAKES AND MISSISSIPPI RIVER
3 INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, IL-
4 LINOIS.—The Secretary shall carry out the project for eco-
5 system restoration, Great Lakes and Mississippi River
6 Interbasin project, Brandon Road, Will County, Illinois,
7 authorized by section 401 of this Act, substantially in ac-
8 cordance with the terms and conditions described in the Re-
9 port of the Chief of Engineers, dated May 23, 2019, with
10 the following modifications:
11 (1) The Federal share of the cost of construction
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12 shall be 80 percent.
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1 (2) The Secretary may include the addition or
2 substitution of technologies or measures not described
3 in the report, as the Secretary determines to be advis-
4 able.
5 (b) WILLAMETTE RIVER BASIN REVIEW REALLOCA-
6 TION STUDY.—The Secretary shall carry out the project for
7 water supply, Willamette River Basin Review Reallocation,
8 Oregon, authorized by section 401 of this Act, substantially
9 in accordance with the terms and conditions described in
10 the Report of the Chief of Engineers, dated December 18,
11 2019, with the following modifications:
12 (1) The Secretary shall meet the obligations of
13 the Corps of Engineers under the Endangered Species
14 Act of 1973 by complying with the June 2019 NMFS
15 Willamette Basin Review Study Biological Opinion
16 Reasonable and Prudent Alternative until such time,
17 if any, as it is modified or replaced, in whole or in
18 part, through the consultation process under section
19 7(a) of the Endangered Species Act of 1973.
20 (2) The Secretary may reallocate not more than
21 10 percent of overall storage in the joint conservation
22 pool, as authorized by this Act and without further
23 congressional action, if such reallocation is consistent
24 with the ongoing consultation under section 7(a) of
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1 the Endangered Species Act of 1973 related to Wil-
2 lamette Valley System operations.
3 (3) The Secretary shall ensure that the revised
4 reallocation is not reallocated from a single storage
5 use, does not seriously affect authorized project pur-
6 poses, and does not otherwise involve major oper-
7 ational changes to the project.
8 (c) CANO MARTIN PENA, SAN JUAN, PUERTO RICO.—
9 Section 5127 of the Water Resources Development Act of
10 2007 (121 Stat. 1242) is amended by striking
11 ‘‘$150,000,000’’ and inserting ‘‘$232,430,000’’.
12 SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASI-
13 BILITY STUDIES PREPARED BY NON-FEDERAL
14 INTERESTS.
15 (a) IN GENERAL.—The Secretary is authorized to
16 carry out the following projects for water resources develop-
17 ment and conservation and other purposes, subject to sub-
18 section (b):
19 (1) FORT PIERCE, ST. LUCIE COUNTY, FLOR-
20 IDA.—The project for hurricane and storm damage
21 reduction, Fort Pierce, St. Lucie County, Florida, as
22 described in the review assessment of the Secretary, ti-
23 tled ‘‘Review Assessment of St. Lucie County, Florida
24 Fort Pierce Shore Protection Project Section 203 Inte-
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25 grated Feasibility Study and Environmental Assess-
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1 ment (June 2018)’’ and dated July 2018, at a total
2 cost of $33,107,639, and at an estimated total cost of
3 $97,958,972 for periodic nourishment over the 50-year
4 life of the project.
5 (2) BAPTISTE COLLETTE BAYOU, LOUISIANA.—
6 The project for navigation, Baptiste Collette Bayou,
7 Louisiana, as described in the review assessment of
8 the Secretary, titled ‘‘Review Assessment of
9 Plaquemines Parish Government’s Section 203 Study
10 Baptiste Collette Bayou Navigation Channel Deep-
11 ening Project Integrated Feasibility Study and Envi-
12 ronmental Assessment (January 2017, Amended April
13 2018)’’ and dated June 2018, at a total cost of
14 $44,920,000.
15 (3) HOUMA NAVIGATION CANAL, LOUISIANA.—
16 The project for navigation, Houma Navigation Canal,
17 Louisiana, as described in the review assessment of
18 the Secretary, titled ‘‘Review Assessment of Houma
19 Navigation Canal Deepening Project Section 203 In-
20 tegrated Feasibility Report and DRAFT Environ-
21 mental Impact Statement (June 2018)’’ and dated
22 July 2018, at a total cost of $253,458,000.
23 (4) CHACON CREEK, TEXAS.—The project for
24 flood risk management, ecosystem restoration, and
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25 other purposes, Chacon Creek, Texas, as described in
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1 the review assessment of the Secretary, titled ‘‘Review
2 Assessment of Chacon Creek, Texas Section 203 Inte-
3 grated Feasibility Report and DRAFT Environ-
4 mental Assessment (August 2018)’’ and dated Sep-
5 tember 2018, at a total cost of $51,973,000.
6 (b) REQUIREMENTS.—The Secretary may only carry
7 out a project authorized under subsection (a)—
8 (1) substantially in accordance with the applica-
9 ble review assessment for the project submitted by the
10 Secretary under section 203(c) of the Water Resources
11 Development Act of 1986, as identified in subsection
12 (a) of this section, and subject to such modifications
13 or conditions as the Secretary considers appropriate
14 and identifies in a final assessment that addresses the
15 concerns, recommendations, and conditions identified
16 by the Secretary in the applicable review assessment;
17 and
18 (2) after the Secretary transmits to the Com-
19 mittee on Transportation and Infrastructure of the
20 House of Representatives and the Committee on Envi-
21 ronment and Public Works of the Senate such final
22 assessment.
23 (c) TECHNICAL CORRECTION.—Section 203(c)(1) of the
24 Water Resources Development Act of 1986 (33 U.S.C.
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25 2231(c)(1)) is amended, in the matter preceding subpara-
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1 graph (A), by striking ‘‘a report’’ and inserting ‘‘an assess-
2 ment’’.
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Union Calendar No. 369
116TH CONGRESS
2D SESSION H. R. 7575
[Report No. 116–460, Part I]
H7575
A BILL
E:\BILLS\H7575.RH
To provide for improvements to the rivers and har-
bors of the United States, to provide for the con-
servation and development of water and related
resources, and for other purposes.
JULY 24, 2020 Sfmt 6651
Reported from the Committee on Transportation and
Fmt 6651
Infrastructure with an amendment
JULY 24, 2020
Committee on the Budget discharged; committed to the
Frm 00202
Committee of the Whole House on the State of the
Union and ordered to be printed
PO 00000
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